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

Vol. 151 WASHINGTON, THURSDAY, MARCH 3, 2005 No. 23 House of Representatives The House met at 10 a.m. and was come forward and lead the House in the TILLIE FOWLER: IN MEMORIAM called to order by the Speaker pro tem- Pledge of Allegiance. (Ms. HARMAN asked and was given pore (Mr. LATOURETTE). Mr. PRICE of Georgia led the Pledge permission to address the House for 1 f of Allegiance as follows: minute and to revise and extend her re- I pledge allegiance to the Flag of the marks.) DESIGNATION OF THE SPEAKER United States of America, and to the Repub- Ms. HARMAN. Mr. Speaker, never be- PRO TEMPORE lic for which it stands, one nation under God, fore in my years in this House have I indivisible, with liberty and justice for all. The SPEAKER pro tempore laid be- taken the floor with such sadness. It is fore the House the following commu- f the sadness that penetrates to my very nication from the Speaker: ANNOUNCEMENT BY THE SPEAKER core, for I have lost a dear friend and WASHINGTON, DC, PRO TEMPORE Congress has lost one of its most dis- March 3, 2005. The SPEAKER pro tempore. The tinguished Members. Everyone was stunned by the news I hereby appoint the Honorable STEVEN C. Chair will receive ten 1-minute speech- LATOURETTE to act as Speaker pro tempore that our former colleague, Tillie es per side. on this day. Fowler, suffered a massive brain hem- J. DENNIS HASTERT, f orrhage on Sunday. Now that she has Speaker of the House of Representatives. FREEDOM FOR JOSE DANIEL died, we mourn her passing with the f FERRER GARCIA heaviest of hearts. Tillie and I were Members of the (Mr. LINCOLN DIAZ-BALART of PRAYER class of 1992 and for some time the only Florida asked and was given permis- The Chaplain, the Reverend Daniel P. women serving on the House Com- sion to address the House for 1 minute.) Coughlin, offered the following prayer: Mr. LINCOLN DIAZ-BALART of mittee on Armed Services. She was a source of inspiration, a sister, a soul Father of mercies and God of all con- Florida. Mr. Speaker, I rise today to mate. We can take some comfort in solation, You pursue us with untiring speak about Jose Daniel Ferrer Garcia, knowing that she did not suffer and love. At certain moments of life, any a political prisoner in totalitarian that her beloved husband, Buck, and one of us can be overshadowed by sick- Cuba. Mr. Ferrer Garcia is a peaceful ness or the death of a colleague, rel- her daughters were by her side. But pro-democracy activist in Cuba. nothing can bring her back, and she ative, or friend. Be our refuge and our In January 2002, he was forced from a strength, O Lord. Comfort all those cannot be replaced. bus and beaten by the tyrant’s thugs. Never partisan and always principled, who are lost in grief. Dispel the shadow In March 2003, 2 years ago, he was ar- of death with Your bright promise of the Congress and the country are bet- rested as part of the dictator’s crack- ter places because of her service, and new life. Lift Your people from their down on peaceful pro-democracy activ- meandering questions of doubt and she leaves a legacy we all learn from. ists and in a sham trial sentenced to 25 I will miss Tillie, my wonderful darkness; lift them into the peace and years in the totalitarian gulag because light that comes from Your presence. friend and staunch ally. We looked at of his support of democracy. the world the same way, through the Confirm them in love which never Mr. Ferrer is a brilliant example, Mr. dies but lives on and on. Amen. same kind of eyes, and for me, for a Speaker, of the heroism of the Cuban while, the path ahead will be less clear f people. The totalitarian gulag is full of without her. men and women of all backgrounds and THE JOURNAL f ages who represent the best of the The SPEAKER pro tempore. The Cuban nation. Thousands languish in SOCIAL SECURITY Chair has examined the Journal of the the gulag because, like Mr. Ferrer, (Mr. PRICE of Georgia asked and was last day’s proceedings and announces they refuse to accept tyranny. given permission to address the House to the House his approval thereof. Mr. Speaker, we must speak out for 1 minute and to revise and extend Pursuant to clause 1, rule I, the Jour- against the grotesque disregard for his remarks.) nal stands approved. human rights, dignity, and freedom Mr. PRICE of Georgia. Mr. Speaker, f just 90 miles from our shores. We must America’s Social Security system has demand the immediate and uncondi- been described with nearly every word PLEDGE OF ALLEGIANCE tional release of Jose Daniel Ferrer and in the dictionary: crisis, problem, trou- The SPEAKER pro tempore. Will the every political prisoner in totalitarian ble, bankruptcy. One can play the se- gentleman from Georgia (Mr. PRICE) Cuba. mantics game with Social Security all

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

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VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.000 H03PT1 H946 CONGRESSIONAL RECORD — HOUSE March 3, 2005 they want, but the fact of the matter is centennial celebration of Bad Axe, BUILDING AWARENESS AND UN- that Social Security is broken and Michigan, the capital of Huron County. DERSTANDING ABOUT MENTAL needs fixing. This beautiful city was founded origi- ILLNESS Back in 1935 the system worked well. nally in 1861 in the ‘‘thumb area’’ of (Mr. WILSON of South Carolina Retirement age back then was 65 and Michigan, and it has remained a dis- asked and was given permission to ad- the average life expectancy 63. A pretty tinct part of history as it has contin- dress the House for 1 minute and to re- good deal for the government. Today, ued to grow and to prosper over the vise and extend his remarks.) however, Americans are living longer past 150 years. Mr. WILSON of South Carolina. Mr. than ever and far more likely to live Bad Axe is a unique city. In fact, its Speaker, I am honored to discuss how long enough to get their benefits. very name gives it a very unique dis- two service organizations in the Sec- Social Security is not a savings plan. tinction. It is located in one of the ond District of South Carolina have It is a pay-as-you-go system where to- most beautiful areas in the State of joined together on the Nothing to Hide day’s workers support today’s retirees Michigan. It is a favorite destination project to promote awareness about and tomorrow’s workers support to- for so many people who love the out- mental illness. This project is an edu- morrow’s retirees. The number of doors, either hunting or fishing or just cational photo exhibit about families workers supporting each retiree was 42 enjoying the magnificent scenery. whose lives have been affected by men- when the program started. It is now Bad Axe’s rich history includes some tal health disorders. three, with the payroll taxes on the outstanding Michiganians, including By sponsoring the Nothing to Hide paychecks of hard-working Americans Albert E. Sleeper, who became Michi- project, the Rotary Club of Hilton Head going up 600 percent over the time gan’s 29th Governor, served from 1917 Island, Sunset, and the Mental Health when it gets to two. to 1921, certainly leaving his mark on Association of Beaufort and Jasper are Just in 3 years, 2008, the government the entire State as he worked to estab- addressing the myths and stigmas sur- will begin to pay out more in Social lish the State highway system and the rounding mental illness and are help- Security benefits than it collects in State park system. So it is fitting that ing connect people who suffer from payroll taxes. It does not take a math some of the most beautiful State parks mental illness to the appropriate re- whiz to understand that the pay-as- are in Bad Axe area. sources for support, education, and you-go system will not provide retire- I am proud to represent this unique treatment. ment security for American workers. city in Congress as it has developed Sunset Rotarians have volunteered Mr. Speaker, it is a problem and and transformed over the years. From to oversee the transition of the display must be resolved. I urge my colleagues its pioneer beginnings during the Civil during its 8-week tour through Beau- to join me in solving it. War, Bad Axe has managed to leave its fort and Jasper Counties. I would espe- f mark on history. cially like to recognize the good work Mr. Speaker, I wish the city and its MILITARY READINESS and leadership of the dedicated volun- citizens the very best as they celebrate ENHANCEMENT ACT teers, Ed Dowaschinski, Krista the future and as they remember the Delgado, and Sandy Leath. Their (Mr. MEEHAN asked and was given past. permission to address the House for 1 strong efforts to raise awareness about minute.) f this issue that affects so many of our Mr. MEEHAN. Mr. Speaker, I rise friends and family members will help HOMECOMING OF USS ‘‘LINCOLN’’ today to urge my colleagues to support increase understanding throughout our CARRIER GROUP H.R. 1059, the Military Readiness En- community. hancement Act, bipartisan legislation (Mr. LARSEN of Washington asked In conclusion, God bless our troops to repeal the military’s senseless Don’t and was given permission to address and we will never forget September 11. Ask, Don’t Tell policy. the House for 1 minute.) f With our troops spread thin in Iraq Mr. LARSEN of Washington. Mr. CELEBRATING PEACE CORPS and Afghanistan, our military is hav- Speaker, today I rise to honor the serv- WEEK ing serious problems meeting personnel ice of the sailors and Marine Corps of requirements. The Army missed its the USS Abraham Lincoln Carrier (Ms. McCOLLUM of Minnesota asked February recruiting goals by 27 per- Strike Group who bravely and compas- and was given permission to address cent. Yet under the Don’t Ask, Don’t sionately served the Nation and the the House for 1 minute and to revise Tell, we are discharging thousands of world in the Western Pacific and In- and extend her remarks.) experienced, dedicated servicemembers dian Ocean in the wake of December’s Ms. MCCOLLUM of Minnesota. Mr. simply because of their sexual orienta- tragic tsunami. Speaker, this week we celebrate the tion. These women and men began their 44th anniversary of the Peace Corps Hundreds of people let go under the new year by delivering vital food, and the service of current and return Don’t Ask, Don’t Tell policy have water, and medicine around the clock Peace Corps volunteers. skills that are critical to the war on to the people of Southeast Asia and the Today 7,700 Americans of all ages, in- terror, including translators and lin- Indian Ocean. They showed the world cluding 38 volunteers from my congres- guists. These soldiers have the courage the values that we represent and why sional district, are serving our Nation to fight and the skills our military this country is so great. and advancing the cause of peace in needs. There is no reason we should not From January 1 until February 4, cities, towns, and villages in 72 coun- allow them to serve their country. It is carrier group aircraft flew over 1,700 tries around the world. time for Congress to put national secu- missions in support of Operation Uni- As we all know, with service also rity interests first. It is time to repeal fied Assistance, carrying almost 6 mil- comes sacrifice. So as we celebrate this the Don’t Ask, Don’t Tell policy so we lion pounds of supplies. Over 1,200 crew Peace Corps success, I would like to re- can keep the United States military mechanics from the group volunteered member a young Minnesota Peace the strongest in the world. to go ashore and help. Corps volunteer, Melissa Mosvick, who f Tomorrow I will attend the USS Lin- died in a bus accident last November coln and USS Shoup homecoming to while serving our Nation in Morocco. RECOGNIZING THE CENTENNIAL Everett Washington. The VAQ 131 Her service and sacrifice are also hon- CELEBRATION OF BAD AXE, Prowler Squadron out of NAS Whidbey, ored. MICHIGAN the Lancers, just returned; and they Nearly 180,000 Americans have served (Mrs. MILLER of Michigan asked and are all part of Operation Unified As- our Nation as Peace Corps volunteers was given permission to address the sistance. these past 44 years. The service and House for 1 minute and to revise and Tomorrow, with their return, will be commitment of all Peace Corps volun- extend her remarks.) a great day for our country, a great teers to our Nation and the world is Mrs. MILLER of Michigan. Mr. day for our Navy and Marine Corps and truly a very special gift all Americans Speaker, today I rise to recognize the for their families to celebrate. can celebrate.

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.003 H03PT1 March 3, 2005 CONGRESSIONAL RECORD — HOUSE H947 HONORING COLONEL WILLIAM Mr. Speaker, we do not owe our new- minute and to revise and extend her re- GLEN GUSTAFSON est veterans a favor. We must repay marks.) (Mr. GINGREY asked and was given one. Ms. FOXX. Mr. Speaker, today I ask permission to address the House for 1 f my colleagues to join me in congratu- lating Dell for beginning construction minute and to revise and extend his re- SAY NO TO FOREIGN LAW INFLU- marks.) last week on a new $100 million assem- ENCING AMERICAN COURT DECI- bly plant in the Fifth District of North Mr. GINGREY. Mr. Speaker, I rise to SIONS honor Colonel William Glen Gustafson Carolina. (Mr. PITTS asked and was given per- The 527,000 square foot facility set to of Marietta, Georgia, who sadly passed mission to address the House for 1 open in Forsyth County this fall will be away last Tuesday. minute and to revise and extend his re- Dell’s largest plant in the world. It will Throughout his life, Colonel Gustaf- marks.) bring jobs to 700 people in its first year son served his country and his commu- Mr. PITTS. Mr. Speaker, George and employ up to 1,500 people within 5 nity. He was a master parachutist and Washington once said that ‘‘history years. Most of these jobs are expected troop commander during two tours of and experience prove that foreign in- to be new and most of them will go to duty in Vietnam. He worked for the fluence is one of the most baneful foes local residents. The plant will join American Defense Preparedness Asso- of Republican Government.’’ But the Dell’s two other American manufac- ciation here in Washington. He served United States Supreme Court has turing operations in Texas and Ten- on the academy review committees of taken to relying on foreign law and for- nessee and produce Dell’s OptiPlex and former Georgia Senator Sam Nunn and eign documents when issuing opinions. Dimension desktop computers. former House Speaker Newt Gingrich. This week, the Supreme Court ruled Dell, which was named Fortune Mag- And from 1991 to 1997, he served three that the Constitution forbids the exe- azine’s ‘‘Most Admired Company’’ for terms as chairman of the Cobb County cution of convicted killers who are 2004, will be a tremendous asset to the Republican Party. under the age of 18 when they commit Fifth District. Its presence will attract In all these capacities, Colonel Gus- their heinous crimes. Many of us might other businesses and suppliers that will tafson exemplified the virtues of honor, agree with this decision, but the court add millions of dollars to the local tax dignity, and leadership. His death is a used the laws of other countries and base and bring thousands of new jobs to great loss not only for his family but foreign documents to determine wheth- the region. for the entire Cobb community as well. er American laws on this should stand. I would like to thank the local lead- I will always remember the enthusiasm American laws are made by the peo- ers in Forsyth and surrounding coun- he brought to his work and his com- ple chosen by Americans to make ties for working so hard to make this mitment to solving every challenge he them. That is a republic. The court has possible. I am proud of the success in faced. I will greatly miss his charisma, no right or authority to consider any manufacturing coming from the Fifth his leadership, and, most of all, his other basis for legal opinion. In doing District and look forward to many friendship. so, it only undermines the very struc- prosperous years at Dell. ture under which it operates, the con- Mr. Speaker, I ask that my col- f leagues join me in honoring Colonel sent of the governed as defined by the Gustafson. United States Constitution. WORKING TOGETHER AS DEMO- Foreign law is still a baneful foe of CRATS TO IMPROVE SOCIAL SE- f our republican government. CURITY FOR ALL AMERICANS WELCOME HOME G.I. BILL f (Ms. JACKSON-LEE of Texas asked (Mr. EMANUEL asked and was given NATIONAL MISSILE DEFENSE and was given permission to address permission to address the House for 1 SYSTEM A LEMON the House for 1 minute and to revise minute.) and extend her remarks.) Mr. EMANUEL. Mr. Speaker, in (Mr. KUCINICH asked and was given Ms. JACKSON-LEE of Texas. Mr. every major war since the Revolution, permission to address the House for 1 Speaker, there has been an ongoing dis- the United States Congress has ac- minute and to revise and extend his re- cussion with the American public on marks). knowledged our returning veterans for what is good for them in the future and Mr. KUCINICH. Mr. Speaker, Canada today. It is interesting that the Amer- their service and sacrifice. In this has officially opted out of the laugh- ican public, when you hand them the proud tradition, last weekend I an- ably named National Missile Defense nounced a Welcome Home G.I. Bill for System. We should take a lesson from facts, understand the underpinnings of the veterans returning from Iraq and our neighbors. They knew the NMD has Social Security. Over 51 percent of Afghanistan. It is a bold new direction a terrible record; 10 highly artificial them do not agree with the present in helping our veterans achieve the and carefully scripted flight intercept plans offered by the administration to success they so rightly deserve and tests, only five resulting in hits. One allegedly solve the solvency question earned. hit occurred when the equivalent of an on Social Security. The American public understands The Welcome Home bill provides electronic ‘‘hit me’’ sign was put on a health care for up to 5 years for that supposed attack missile. what it means to take $1.5 trillion member and their family if they can- The new booster rocket for the kill away from Social Security to establish not get it from their employer or lost vehicle has a one-in-three success rate. a private savings account that does not it when they were overseas. The Wel- That is a one-in-three chance of even equate to solvency; the American pub- come Home bill includes $75,000 for col- getting off the ground. The Pentagon lic understands that Social Security is lege education and waives the $1,800 fee canceled nine of the original 20 tests to an insurance plan; the American public required for the benefit. And, finally, it focus on building the system instead of understands that any solution must be will offer them a tax-free $5,000 down testing it. bipartisan; and the American public payment on a home. Today, the NMD benefits no one ex- understands that when you begin to en- Most importantly, under the plan all cept a few contractors and their pa- gage and divide a nation on a returning veterans are treated equally trons. Meanwhile, the Canadians chose generational gap, that you are not whether they served in active duty, Na- not to buy a lemon. Here we plant a moving toward a solution, you are only tional Guard, or Reserve. Because their lemon grove and then franchise lem- moving toward divisiveness. experience over there was the same, onade stands. Social Security has endured since their benefit over here should be the f 1935. It has provided an umbrella on a same. rainy day. It is an insurance plan, a CONGRATULATING DELL COM- survivor’s benefit, and it allows the b 1015 PUTER FOR NEW PLANT IN disabled to live in dignity. The Welcome Home Package is a FORSYTH COUNTY, NORTH CARO- Fix Social Security, do not destroy small token for our appreciation for LINA it. The plan before us destroys it. We the debt of gratitude we can never fully (Ms. FOXX asked and was given per- are prepared to work together as repay. mission to address the House for 1 Democrats, as Americans, to solve it.

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.005 H03PT1 H948 CONGRESSIONAL RECORD — HOUSE March 3, 2005 ECONOMY CONTINUES TO GROW WAITING FOR REPUBLICANS TO Hastings-Kingston bill, or the King- (Mr. STEARNS asked and was given PUT SOMETHING ON THE TABLE ston-Hastings bill, if we could do that, permission to address the House for 1 (Mr. HASTINGS of Florida asked and because I think it is important. minute and to revise and extend his re- was given permission to address the I know the gentleman’s fondness for marks.) House for 1 minute and to revise and seniors. I have heard the gentleman Mr. STEARNS. Mr. Speaker, the extend his remarks.) speak fondly about his mom, and he economy continues to grow as a direct Mr. HASTINGS of Florida. Mr. has heard me speak fondly about my result of the President’s economic poli- Speaker, my good friend the gentleman mom, and we owe it to both of them, and that is what we should be doing. cies and those of the Republican Con- from Georgia (Mr. KINGSTON) moti- gress. Here are a few facts to illustrate vated me to come to the floor when he Mr. HASTINGS of Florida. Mr. this. suggests that the Democrats do not Speaker, if the gentleman will yield, In January, we saw 146,000 new jobs have a plan for Social Security. let us do it. Mr. KINGSTON. Mr. Speaker, if the and witnessed the twentieth consecu- I would say to my good friend, the gentleman will yield further, I am tive month of job gains in the United gentleman from Georgia (Mr. KING- ready to work with the gentleman. States. STON), it is the President of the United The national unemployment rate is States that proposed that Social Secu- f down to 5.2 percent, the lowest since rity should be privatized. During the CONTINUITY IN REPRESENTATION September 2001. last recess, the President’s Day recess, ACT OF 2005 Job creation was up in 48 of the 50 Democrats went home, and almost Mr. COLE of Oklahoma. Mr. Speaker, States last year, and unemployment every one of the House Democrats, ex- was down in all regions of the country. by direction of the Committee on cept 40, held town meetings. I want the Rules, I call up House Resolution 125 Mr. Speaker, opposing tax increases gentleman to know that most of his and endorsing pro-growth policies has and ask for its immediate consider- colleagues did not hold town meetings ation. led to job creation. We are increasing on Social Security at all for the reason consumer confidence and ensuring that The Clerk read the resolution, as fol- that you really do not want to put your lows: the American working families no plan on the table. H. RES. 125 longer bear the burdens that impede The Democrats are ready when you economic growth. Resolved, That at any time after the adop- bring your plan. The last time I looked tion of this resolution the Speaker may, pur- We will continue here in Congress the over there, you all were in charge. I do hard work so that this progress con- suant to clause 2(b) of rule XVIII, declare the not recall that we have to do anything House resolved into the Committee of the tinues. at all in that regard. Whole House on the state of the Union for f But we are going to fix Social Secu- consideration of the bill (H.R. 841) to require WAITING FOR DEMOCRAT PLAN TO rity. The question is, are you going to States to hold special elections to fill vacan- FIX SOCIAL SECURITY fix Medicare and Medicaid? Are you cies in the House of Representatives not going to do something about prescrip- later than 45 days after the vacancy is an- (Mr. KINGSTON asked and was given nounced by the Speaker of the House of Rep- permission to address the House for 1 tion drugs? Are you going to do some- resentatives in extraordinary circumstances, minute and to revise and extend his re- thing about inadequate education, in- and for other purposes. The first reading of marks.) adequate housing and inadequate jobs the bill shall be dispensed with. General de- Mr. KINGSTON. Mr. Speaker, well, in this country? I think that is what bate shall be confined to the bill and shall the month of January went by and we need to be looking at. not exceed 60 minutes, with 40 minutes equally divided and controlled by the chair- nothing happened. The month of Feb- We will fix Social Security, if you put something on the table. man and ranking minority member of the ruary went by and nothing happened. Committee on House Administration and 20 Here we are, it is March, as a matter of f minutes equally divided and controlled by fact, it is March 3rd. It looks like noth- the chairman and ranking minority member REPUBLICANS SEEKING BIPARTI- ing is going to happen from the Demo- of the Committee on the Judiciary. After SANSHIP IN FIXING SOCIAL SE- crat side to address Social Security. general debate the bill shall be considered One more day has gone, one more day CURITY for amendment under the five-minute rule. It of rhetoric and denouncing what the (Mr. COLE of Oklahoma asked and shall be in order to consider as an original was given permission to address the bill for the purpose of amendment under the President is going to do and denounc- five-minute rule the amendment in the na- ing what the Republicans are doing and House for 1 minute and to revise and ture of a substitute recommended by the scaring senior citizens. But, still, no extend his remarks.) Committee on House Administration now plan from the Democrat party to save Mr. KINGSTON. Mr. Speaker, will printed in the bill. The committee amend- and protect Social Security. the gentleman yield? ment in the nature of a substitute shall be Now, it is interesting, up until last Mr. COLE of Oklahoma. I yield to the considered as read. All points of order week they were saying there is no gentleman from Georgia. against the committee amendment in the problem, we like it how it is. And yet Mr. KINGSTON. Mr. Speaker, I nature of a substitute are waived. No amend- thank the gentleman for yielding, and ment to the committee amendment in the in a major policy shift for the Demo- nature of a substitute shall be in order ex- crat party, the Democrat Committee want to say to my good friend from cept those printed in the report of the Com- Chairman, Howard Dean, also known as Florida that I have always enjoyed mittee on Rules accompanying this resolu- ‘‘Screaming Dean,’’ pointed out in a working with my distinguished col- tion. Each such amendment may be offered quote at Cornell University, which, as league from the south tip of the penin- only in the order printed in the report, may you know, is not exactly a sanctuary sula of Florida, the great State. But I be offered only by a Member designated in for conservative thought in America, want to say, even though we are the the report, shall be considered as read, shall Dean pointed out that if Social Secu- majority, we still want your ideas. We be debatable for the time specified in the re- want the Democrat party to put a plan port equally divided and controlled by the rity were left alone for 30 years, its proponent and an opponent, shall not be sub- benefits would be reduced to 80 percent on the table. ject to amendment, and shall not be subject of what it is now. He acknowledged On the subject of town meetings, I to a demand for division of the question in there were problems. personally held nine town meetings. the House or in the Committee of the Whole. Thank goodness, hallelujah, we have There is a lot of division out there as All points of order against such amendments a Democrat who admits there is a So- to what we should do, and that is why are waived. At the conclusion of consider- cial Security problem. That means it should be done in a bipartisan way, ation of the bill for amendment the Com- maybe the month of March will not go and that is why I think everybody mittee shall rise and report the bill to the by. Maybe by the end of March the needs to come together. House with such amendments as may have been adopted. Any Member may demand a Democrats will join us and come up And Mr. Speaker, I want to say this: separate vote in the House on any amend- with a plan. We welcome their ideas. I have not introduced the plan. If the ment adopted in the Committee of the Whole We solicit their ideas. We want their gentleman would like to work with me to the bill or to the committee amendment support. on a plan, I would love to have the in the nature of a substitute. The previous

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.011 H03PT1 March 3, 2005 CONGRESSIONAL RECORD — HOUSE H949 question shall be considered as ordered on that a similar measure passed the I would urge all Members to support the bill and amendments thereto to final House by a substantial bipartisan mar- this rule and the underlying bill. passage without intervening motion except gin of 365 to 97 in the last session of Mr. Speaker, I reserve the balance of one motion to recommit with or without in- Congress. This legislation ensures the structions. my time. continuity of the people’s House. It en- Mr. HASTINGS of Florida. Mr. The SPEAKER pro tempore (Mr. sures that the House will still be an Speaker, I yield myself such time as I LATOURETTE). The gentleman from elected body chosen by the American may consume. Oklahoma (Mr. COLE) is recognized for public just as the Founders intended. Mr. Speaker, I thank the gentleman 1 hour. With that said, let us talk about from Oklahoma (Mr. COLE Mr. COLE of Oklahoma. Mr. Speaker, ) for the what the bill is not. It is not an elec- time. This is the first rule of which I for the purpose of debate only, I yield tion law bill. It is a continuity bill. the customary 30 minutes to the gen- hope are many that the gentleman and Mr. Speaker, you may well hear I are managing together. He has al- tleman from Florida (Mr. HASTINGS), many Members describe various provi- ready been welcomed to the com- pending which I yield myself such time sions today in the context of Federal as I may consume. During consider- mittee, so I extend those same warm election law. These measures may have welcomes to him for managing this ation of this resolution, all time yield- genuine merit. However, they are not ed is for the purpose of debate only. measure. relevant to this legislation. Personally, Mr. Speaker, I rise today in opposi- GENERAL LEAVE I firmly believe that most Members tion to this closed rule which limits de- Mr. COLE of Oklahoma. Mr. Speaker, would agree with me when I suggest bate on how this body should operate if I ask unanimous consent that all Mem- that election law should remain essen- it experiences mass causality. This is bers may have 5 legislative days within tially a local issue. This is where it re- an issue of grave importance to the which to revise and extend their re- sides historically, and this is where it American people and the integrity of marks on this resolution. should continue to reside. that democracy in times of dire crisis. The SPEAKER pro tempore. Is there Mr. Speaker, we have a clear decision The decision of the majority to place objection to the request of the gen- before us today. We can either be re- any restrictions on this body prohib- tleman from Oklahoma? sponsible in preparing for what we all iting Members from offering amend- There was no objection. hope never occurs, or we can engage in ments and freely debating the subject Mr. COLE of Oklahoma. Mr. Speaker, pointless bickering over election laws is not responsible. on March 1, the Committee on Rules that are historically controlled by the The terrorist attacks of September 11 met and granted a structured rule for localities. Just a few years ago almost changed the way that we as a country H.R. 841, the Continuity in Representa- all Members would have viewed a trag- operate. In turn, Congress has right- tion Act of 2005. I believe this is a fair edy like September 11 as an unthink- fully committed itself to creating pol- rule that allows for a full discussion of able event, and that is precisely the icy that protects Americans from fu- the relevant points pertaining to the point. We cannot predict tomorrow. ture attacks, though I question how legislation before us. What we do know, however, is that we successful we have been in our actions. Mr. Speaker, H.R. 841 is an important are engaged in a real, genuine, and tax- September 11 also presented us with a step forward in addressing what are ing global war on terror. This is a challenge to consider continuity in the critical shortcomings in America’s generational war and one that will not House during a worst-case scenario. In plan for the continuity of this House in disappear over night. examining such a grim situation, we the event of an unexpected disaster or Mr. Speaker, simply put, this legisla- must foresee what will be needed to re- attack. tion is about the security and con- tinuity of America’s governing institu- gain stability and reassure the Amer- b 1030 tions. It is an issue of critical impor- ican people and the world that our gov- While I was not a Member of Con- tance in establishing an orderly re- ernment is going about business as gress on September 11, 2001, I was in an sponse should the unthinkable occur usual. office directly across LaFayette Park again. While I believe that the underlying from the White House. Like all Ameri- The legislative history of this bill is legislation is an honest attempt to ad- cans, I remember that day in detail. clear. This bill originated in direct re- dress the concerns which I just raised, One of the most significant memories I sponse to the events of September 11. It the discussion surrounding the issue have is the bipartisan response to the is a continuity-in-government bill, not has been, as one constitutional scholar tragedy where Members stood on the an election reform measure. To confuse wrote, embarrassingly partisan. Even steps of the Capitol and let it be known the former with the latter by encum- more, the product of 3 years of discus- to the world that our government bering this bill with extraneous issues sion on the issue that the majority is would continue to operate. would be to lose sight of the funda- bringing to the floor is incomplete, un- Mr. Speaker, the response of Con- mental purpose of the legislation. Our realistic, and fails to consider the im- gress to 9/11 should never be forgotten. job here is to ensure the continuity of plications of changing statute when we It was a sign to the world that America the House of Representatives, not re- should be amending the United States was strong, that it would persevere and form a state-based electoral process Constitution. that we would go forward as a Nation. with Federal legislation. The underlying legislation requires The underlying legislation today does During my time as Secretary of the States to hold special elections the exact same thing. It takes an im- State in Oklahoma, the bombing of the within 45 days in the case of extraor- portant step to ensure the preservation Alfred P. Murrah Federal Building oc- dinary circumstances. This is a prob- of our Republic and the continuity of curred. At that time such an event was lematic requirement. When the Com- our government under the most trying considered unthinkable in the United mittee on House Administration took of circumstances. States. That incident and the larger testimony from State and local elec- Mr. Speaker, very simply, this legis- tragedy of 9/11 are a sober warning that tion officials, it was told that 45 days is lation ensures a continuity of oper- we should prepare for the unexpected not enough time to pull off a primary ations for the House of Representa- before it occurs. H.R. 841 is an impor- and general election. Election officials tives. In the event that more than 100 tant part of that preparation, and it noted that mailing ballots to absentee, Members of Congress are killed, the also is a tangible sign to terrorists that overseas, and military voters for a pri- Speaker may announce that ‘‘excep- they will never intimidate this coun- mary and general election and then tional circumstances’’ exist and there- try, change the nature of this House as waiting for their return would alone by trigger expedited special elections the elected representatives of the take more than 45 days. This does not that must occur within 7 full weeks, American people, or keep our govern- include the time that it takes to print thus ensuring the continuity of the ment from facing any challenges it and process ballots. House of Representatives. may face in the future. Should this time period be adopted, Mr. Speaker, this legislation should Mr. Speaker, let us wait no longer. it would undoubtedly result in the dis- not be very divisive based on the fact Let us move forward. And to that end, enfranchisement of millions, including

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.011 H03PT1 H950 CONGRESSIONAL RECORD — HOUSE March 3, 2005 seniors who vote absentee, our diplo- causality where the Speaker is a vic- As a former Secretary of State, the matic corps, and our men and women tim and is unable to trigger special gentleman from Oklahoma (Mr. COLE) serving in our Armed Forces. elections. It does not address how the understands how important this issue The majority finally agreed with House quorum rules will work in the is for us to address. Democrats and local election officials case of mass House vacancies. Perhaps b 1045 yesterday that 45 days is not enough most importantly, the underlying leg- time to conduct these critical elec- islation could potentially leave our I also want to express appreciation to tions. Late last night we were informed country without an effective or legiti- my colleagues on the other side of the that my friends on the Republican side mate legislative branch for the first 6 aisle. In the last Congress, while it has are now seeking to amend the rule so weeks following a disaster. not happened in this Congress, I was that they may offer a manager’s Think about it this way: in the first very pleased that the distinguished amendment which will increase the 6 weeks following September 11, the ranking minority member of the Com- time elections must be conducted from House, this House, authorized the mittee on the Judiciary, the gentleman 45 to 49 days. Four days, Mr. Speaker. President to use force against terror- from Michigan (Mr. CONYERS), joined as What can you realistically do in 4 more ists and appropriated $40 billion to ad- a cosponsor of this legislation, as well days? dress the emergencies in New York and as my good friend and colleague, the This is more of a cosmetic and con- at the Pentagon. If the underlying leg- gentleman from California (Mr. BER- venient change than substantive. It islation is dropped, the legitimacy of MAN). And it is my hope that we will be still sets up a process that will lead to actions taken by a shorthanded Con- able to move ahead in a bipartisan way the selection of Members of Congress gress, most likely during a time of war, dealing with this very, very important who are potentially not the real choice would always be in question. For me, institutional issue. of the citizenry. All of this is hap- this scenario is unacceptable. We all remember September 11 of pening at the same time my friends in Regardless of the House’s decisions 2001. My judgment has often been ques- the majority have blocked Democratic today, States and voters must ulti- tioned because I was the last human Members from offering three different mately approve this process through a being to walk out of this building on amendments to the bill, all of which constitutional amendment. It took less September 11 of 2001, and probably cor- were germane and all of which were than 14 months to approve each of the rectly. I did not think anyone would turned in on time. It seems to me that 17th, 18th, 19th, 20th, 21st, 23rd, and attack it. And I will say that when I we operate under two rules in the 26th amendments respectively. Anyone left the building on September 11, 2001, House of Representatives: one for them who suggests that the constitutional I did so when one of the great Capitol and one for us. amendment process takes years, in my Hill policemen said to me that there Later today, Democrats will offer an view, is incorrect. was a plane headed towards this build- amendment lengthening the special Throughout history, when constitu- ing, and we all know now that that is election period from 45 to 60 days. Our tional amendments have been needed, the plane that went down with those proposal provides elections officials States and voters have responded. I very courageous passengers in Pennsyl- with a more realistic solution to a suspect that they will respond simi- vania. daunting task most likely over- larly in this case. When we think back on September All of these concerns underscore the shadowed by grief and angst. I hope 11th, obviously it was one of the dark- need for this body to consider this leg- that Members of this body will place est days in the history of our republic, islation in an open and much larger the integrity of our democracy above and it has led us to spend a great deal discussion on the continuity of our petty politics and vote to adopt the of time thinking about the unthink- government during times of mass cau- Millender-McDonald amendment. able. Because of September 11th, we sality. The effects of our hastiness Additionally, the continuity-in-gov- have had to ponder things that we today may not be felt while any of us ernment commission has recommended would never even possibly consider be- are alive, but at some point in the fu- a different approach. It has suggested cause of the fact that we had not seen ture our successors and our States will that States create lists of possible ap- that kind of attack on U.S. soil. But be trapped by poor decisions we might pointments to seats vacated due to since that time, the Speaker of the make today. House has really stepped up to the mass causality to ensure that the I urge my colleagues to oppose this plate and done a wide range of things House can continue to operate while closed rule. States move forward with their own Mr. Speaker, I reserve the balance of that are designed to ensure that the special elections process. These tem- my time. people’s House and, in fact, we hope porary appointments would serve until Mr. COLE of Oklahoma. Mr. Speaker, both Houses of Congress, are able to States are able to elect representatives I want to thank the gentleman for his continue to function. in accordance to their own laws. kind words and I look forward to work- If you recall on September 11th, late This is a fair approach and one which ing with him as we move ahead and I that afternoon, when Members of both should be considered on equal footing learn from him as I already have in the Houses of Congress, both political par- as the underlying legislation. Yet, context of the deliberations of the ties, stood on the east front of the Cap- when our colleague, the gentleman Committee on Rules. itol singing God Bless America. The from Washington (Mr. BAIRD), offered Mr. Speaker, I yield such time as he reason that Members stood on the east this proposal in the 108th Congress, as may consume to the gentleman from front of the Capitol was to let the a footnote, the gentleman from Wash- California (Mr. DREIER), the distin- American people and to let anyone ington’s (Mr. BAIRD) wife is about to guished chairman of the Committee on know who would want to do us in, that deliver their child and he might not get Rules. we, as a Nation, are strong, and this in- here. We are hoping that he does. But Mr. DREIER. Mr. Speaker, I thank stitution, the greatest deliberative he certainly has been a stalwart leader the gentleman for yielding me time. I body known to man, was continuing to in the effort to do what is necessary to want to begin by congratulating him function. preserve the integrity of this body. on his superb service on the Committee So beginning almost immediately When he introduced this proposal, Re- on Rules. after the attacks of September 11th, publicans sought to embarrass him and This is obviously a very important the Speaker took a number of steps the commission’s ideas for which he issue to him. He joined the gentleman that were designed to maintain the was fighting. They set up a vote in the from Wisconsin (Mr. SENSENBRENNER) continuity of this great institution. He way that it was impossible for the pro- and me, along with former Secretary of established the ability to adjourn to an posal to be given its due consideration. State Candice Miller and our distin- alternative place and to declare an In my view, it was cutthroat politics, guished colleagues, the gentleman emergency recess. He established the and we should not allow for those kind from Ohio (Mr. CHABOT), the gentleman ability to effect a joint leadership re- of actions. from Texas (Mr. PAUL), and the gen- call from a period of adjournment Incomplete as it is, the underlying tleman from Maryland (Mr. BARTLETT), through designees, and the require- legislation also fails to consider mass in co-sponsoring this legislation. ment that the Speaker submit to the

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.013 H03PT1 March 3, 2005 CONGRESSIONAL RECORD — HOUSE H951 Clerk of the House a list of designees to of suggestions made, again by Members our responsibility here: Our representa- act in the case of a vacancy in the Of- on the other side of the aisle. They in- tion. When I was an undergraduate at fice of the Speaker. And, Mr. Speaker, clude more than doubling the amount Claremont McKenna College, I had a we all know that at the beginning of of time for the special elections to professor who pounded the Federalist this 109th Congress, we included in our occur from 21 days to 45 days. And Papers into me. I remember my mentor opening day rules package the provi- again we are going even further, to a and the importance of the Constitu- sions that allow the House to establish full 7 weeks. tional Convention, and the great Con- a quorum, which could be lowered if we Protecting overseas military and ab- necticut Compromise of July 16 of 1787. go through a litany of roll call votes sentee voters so that they receive addi- And I remember that date because we that would determine that many Mem- tional time in which to return ballots. convened the Congress in Philadelphia bers had been incapacitated and could And I want to thank, particularly, the to mark the bicentennial of the Con- not actually show up to work here. distinguished ranking minority mem- necticut Compromise back on July 16 I think it is important to note that ber of the Committee on Armed Serv- of 1987. we provided a number of protections in ices, the gentleman from Missouri (Mr. Of course, the Federalists have been the use of that rule, including several SKELTON), for his fine work in that so important in explaining and justi- that have been suggested by the Mem- area and his commitment to ensure fying the actions of the framers as they bers of the other side of the aisle. And that we address the issue of military put the Constitution together. We all I have to add, Mr. Speaker, that the and overseas voters. know that James Madison was the Fa- Speaker of the House and the minority Protecting civil and voter rights. ther of our Constitution, as well as leader, the gentlewoman from Cali- You will recall when we considered this having been President of the United fornia (Ms. PELOSI), have personally legislation, which at the end of the day States, he, as a matter of fact, was a engaged and spent time talking about drew large bipartisan support in the member of the first Committee on this very important issue. And it is my 108th Congress, we were able to address Rules. And a relative of mine served on hope that we will, at the end of the the concerns that were raised by the that Committee on Rules at the found- day, end up with, as I said, a bipartisan gentleman from North Carolina (Mr. ing. compromise. WATT) at the end of the day when we Madison wrote extensively about this Some of those recommendations that were debating the legislation, and that institution, the House of Representa- came from Members of the minority on is included in this. Again, that is a rec- tives in Federalists 52 through 57. And this issue: Extended roll calls lasting ommendation that came from the mi- one of the things I believe is very im- days at a time and excluding any time nority. portant for us to note is that Madison in recess so that Members can contact We allow States to have primaries talked about the absolutely critical the House and let us know that they and other options for selection of can- importance of this institution being can come to vote. The availability of didates for the special election so long elected. the motion to adjourn at any time. The as the general elections are completed Now, Mr. Speaker, we all know that nonpartisan advice of the Sergeant at within that period of time, which the 435 of us who serve as Members of Arms, the Capitol physician, and the would be 49 days, excluding districts the House of Representatives are the medical and emergency personnel from the 49-day special election re- only Federal officials who must be about the state of the membership of quirement if they already have either a elected before we can serve. In the this body. And, Mr. Speaker, at the general or special election scheduled, other body, the United States Senate, recommendation of the minority, con- and including the four delegates and people are appointed by their governors sultation with the minority leader, in the resident commissioner of Puerto if vacancies take place. And we all accordance with the traditional rela- Rico within the provisions of the bill. know from the example of President tionship between the Speaker and the Now, I mentioned the large bipar- Ford, one can be appointed to serve as minority leader. tisan support. Last year, this legisla- Vice President and President of the And, finally, it is very important for tion passed the House by a vote of 306 United States without having been us to remember that, as I just alluded to 97. I believe that we need to con- elected. But no one has ever served in to, that we have a bicameral legisla- tinue working in a strong bipartisan the people’s House, this body, without ture. The United States House of Rep- manner to move this bill through the having first been elected. And I think resentatives does not operate unilater- House and get it to the other body just it is important to note that Madison ally, so there will always be a check on as expeditiously as possible. In that made it clear when he was talking es- any action taken under the mass inca- spirit, I anticipate that we will amend pecially about this institution, as he pacitation quorum provision. the rule, as I said, to move under this said in Federalist No. 53, ‘‘where elec- What I have been discussing, Mr. manager’s amendment from 45 to 49 tions end, tyranny begins.’’ Speaker, answers how we will do the days. Again, our attempt to continue Mr. Speaker, as I said, we are the people’s work if a terrorist attack inca- to work and address very, very correct only Federal office where no one has pacitates large numbers of us. Now, the concerns that are emerging from the served here without having first been Continuity in Representation Act of minority. elected, and I think that is something 2005, which we are considering here I also have to say that on this rule we need to do everything we can to today, deals with how we will replenish itself we are very happy to have made maintain. the House if terrorists kill large num- in order the amendment of my col- In Federalist 52 Madison wrote: ‘‘It is bers of our Members. This legislation league and neighbor, the very distin- essential to liberty that the govern- calls for special elections to be held guished gentlewoman from California ment in general should have a common within 45 days following such a catas- (Ms. MILLENDER-MCDONALD), who has interest with the people, so it is par- trophe. offered an amendment calling for 60 ticularly essential that the branch of it The gentleman from Florida (Mr. days. I also want to congratulate her, under consideration should have an im- HASTINGS) has just alluded to some- Mr. Speaker, on her new assignment as mediate dependence on and an inti- thing, and while I know we do not the ranking minority member of the mate sympathy with the people. Fre- enjoy the strong support of the minor- Committee on Administration. She is quent elections are unquestionably the ity on this, we have made a step in that working closely with the gentleman only policy by which this dependence we are going to have a manager’s from Ohio (Mr. NEY) I know, and with and sympathy can be effectively se- amendment made in order that would the gentlewoman from Michigan (Mrs. cured.’’ allow us to move in the direction of MILLER), who is going to be managing He went on in Federalist 57 and what it is that the minority wants, and this legislation, and so we look forward wrote: ‘‘Who are to be the electors of that is allowing for 49 days, which to seeing what I hope is, again, a good the Federal representatives? Not the would be a full 7 weeks. bipartisan work product. rich more than the poor, not the Let me say that this legislation ad- I want to talk now, if I can, Mr. learned more than the ignorant, not dresses a number of very important Speaker, about how this bill protects the haughty heirs of distinguished matters and it incorporates a number what I feel is a very, very key part of names more than the humble sons of

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.057 H03PT1 H952 CONGRESSIONAL RECORD — HOUSE March 3, 2005 obscurity and unpropitious fortune. we threaten the very basis of our that it was critical that we have a con- The electors are to be the great body of strength as a democratic Nation. stitutional amendment to go forward. the people of the United States.’’ b 1100 Let me name some of the people that And, Mr. Speaker, Madison rejected were on that commission: Lloyd Cut- the idea that appointment of Members Thus as we look at the very tough ler; Alan Simpson; Philip Chase is acceptable to the American public. challenge of how to preserve our de- Bobbitt; Kenneth Duberstein; Tom He said, and I quote: ‘‘The right of suf- mocracy in the face of catastrophe, Foley, former Speaker of the House; frage is certainly one of the funda- this legislation is the most responsible Robert Michel, minority leader; Newt mental articles of democratic govern- way to continue the legitimacy of our Gingrich, former Speaker of the House; ment and ought not be regulated by government. If we look at the tragic Nicholas B. Katzenbach; Jamie the legislature. A gradual abridgement loss of more than 100 Members, the idea Gorelick; Robert Katzmann; Kweisi of this right has been the mode in of having the States hold special elec- Mfume; Lynn Martin; Donna Shalala; which aristocracies have been built on tions in that period of time is some- and their senior counselors were Nor- the ruin of popular forms.’’ thing that is doable. People will unite man Orenstein and Thomas Mann. I think it is very important for us to and will remove all obstacles in con- What they said in the very preamble understand that there have been times ducting elections. of their document is the following: We in our Nation’s history where we have Think about it, Mr. Speaker. In the held two public meetings where we faced greater difficulty than the dif- time of a horrible tragedy, feeding and heard testimony from experts, and in ficulty that we face today, or even clothing one’s family, making sure the the course of our investigation, we ex- greater difficulty than we faced fol- roof is over their head, and then play- plored a wide range of options short of lowing September 11 of 2001, and that ing a role in picking one’s leaders, that a constitutional amendment to amelio- was the Civil War. If we think back to is all part of the process of rebuilding. rate or solve these problems. that time of the Civil War, we have to And it can be done in a relatively short The commissioners, all of those per- remember that this Capitol was sur- period of time. sons that I just identified, shared dis- rounded by troops who were threat- My colleague (Ms. MILLENDER- taste for frivolous or unnecessary ening the very being of our Republic. MCDONALD) and I represent the State amendments to the Constitution. Un- Yet President Lincoln proceeded with of California. A year and a half ago in fortunately, because the Constitution elections, understanding how critically our home State, we went through a dictates the way that vacancies are to important they are for our Republic’s special election—recently, going be filled in the House and Senate, there survival. through an unprecedented situation. is no way to establish a procedure to And, of course, we have the newest We had the recall of a Governor and an quickly fill mass vacancies without a example of self-determination in the election that took place in 55 days. It constitutional amendment. No less au- world. The brave people of Iraq re- was not a single congressional district thorities than Robert Michel and Newt cently tasted freedom and the joy of of 650,000 people with two or three can- Gingrich and Tom Foley and Lloyd elections. What happened? We had didates. That race had 135 candidates Cutler, folks who have studied the Con- many people saying those elections on the ballot, and they were running stitution, actively came to that con- could not take place. Why? Because among a populace of 35 million people. clusion. I tend to share their view. there was a great deal of tension. We And I am happy to say that that elec- And the chairman of the Committee saw terrorist attacks, and we continue tion came off without a hitch. And I on Rules spoke of James Madison. No to see that in Iraq. But we know that should parenthetically say I am happy greater or eminent scholar that laid despite the bombs and the snipers and with the outcome as well, Mr. Speaker. the foundation perhaps, other than Jef- the fear of death, people exercised that Let me close by saying that I think ferson, dealt with all of the issues that very important right to self-determina- it is very important for us to realize they contemplated in their time. But I tion. Having faced down aristocracy again what James Madison was telling wonder if Mr. Madison would deem it and tyranny, they knew just how im- us when he said ‘‘When elections end, fair that the House operates with portant elections would be for them. tyranny begins.’’ We should do every- closed rules rather than open rules. We We too are a democracy borne out of thing we possibly can to make sure had a vote on whether or not there facing down aristocracy and tyranny that we keep this House’s very, very should be an open rule in this impor- ourselves, and we should never forget precious election process. tant process for America, and we had that for one moment. This rule allows for consideration of an amendment offered by a distin- Mr. Speaker, I am convinced that as measures that address that. It is a very guished Member of this body, the gen- we look at the struggles taking place fair rule that again gives the ranking tleman from Minnesota (Mr. SABO), re- in Iraq today, that building and rein- minority member an opportunity to quiring States to offer same-day voter forcing democratic institutions is cru- have her proposal considered. I do op- registration for special elections held cial for the safety, security, and happi- pose that proposal because I believe in accordance with this bill. Seems rea- ness of a nation’s people, whether it is that the notion of moving to 49 days sonable that people would be scattered the people of Iraq or the people of the will allow us to work this out very and other things on their minds in a United States of America. That is why well. And I again thank my colleagues, crisis such as we had experienced on when we looked at some of the other the gentleman from Ohio (Mr. NEY) and 9/11. options to provide for our continuity as the gentleman from Wisconsin (Mr. My colleague from New York (Mr. an institution, such as the stand-in ap- SENSENBRENNER) and others, who have NADLER), who lost more people than all pointments provision that the House worked long and hard on this. of us combined in the 9/11 tragedy, of- overwhelmingly defeated last year, we Mr. HASTINGS of Florida. Mr. fered a measure to prohibit deceiving should ask what we lose if we, for one Speaker, I yield myself such time as I any person as to the time, place, or eli- moment, give up on elections. may consume. I have great respect for gibility requirements of special elec- Some have said that this is different; the gentleman from California (Mr. tions held in accordance with this bill. that we will be dealing with a national DREIER), and I know that he knows And the gentleman from Michigan emergency. And I say that elections that the 17th amendment of the United (Mr. CONYERS), the ranking member of are particularly important during a States Constitution speaks to con- the Committee on the Judiciary, of- time of a national emergency. We tinuity. fered an amendment that would require should not have stand-ins or successors I also know that he knows that the States to equally and fairly distribute from a list in our back pockets passing Congress, for purposes of preserving election personnel and equipment when laws, declaring war, or suspending ha- our institutions, allowed for the devel- it conducts the special elections con- beas corpus. I believe that when we opment of a continuity-of-government templated in this bill. All three of take this very, very unique institution, commission. On that commission a sig- those civil rights measures went down the people’s House, where no one has nificant number of outstanding individ- the tube with the closed rule. served without having first been elect- uals from America, a broad cross-sec- When we open up this institution, we ed, and move away from elections, that tion of them, came up with the notion will be able to address matters in a

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.058 H03PT1 March 3, 2005 CONGRESSIONAL RECORD — HOUSE H953 more meaningful way so that the mi- AMENDMENT OFFERED BY MR. COLE OF House on the State of the Union for the nority can have their amendments con- OKLAHOMA consideration of the bill (H.R. 841) to templated in good kind. Mr. COLE of Oklahoma. Mr. Speaker, require States to hold special elections I end by saying that Thomas Mann of I offer an amendment. to fill vacancies in the House of Rep- The Clerk read as follows: the Brookings Institution, who was one resentatives not later than 45 days Amendment offered by Mr. COLE of Okla- after the vacancy is announced by the of the lead authors of the continuity homa: commission’s report, stated in front of At the end of the resolution, add the fol- Speaker of the House of Representa- the Committee on House Administra- lowing: tives in extraordinary circumstances, tion the following: ‘‘The inability to SEC. 2. Notwithstanding any other provi- and for other purposes, with Mr. swiftly constitute the House and Sen- sion of this resolution, the amendment speci- LATOURETTE in the chair. ate would deprive the country of a fied in section 3(a) shall be in order as The Clerk read the title of the bill. though printed as the first amendment in fully functioning first branch of gov- The CHAIRMAN. Pursuant to the House Report 109–10 if offered by Representa- rule, the bill is considered as having ernment at a time of grave national tive Ney of Ohio or a designee, and the crisis. Unable to achieve a quorum, or amendment specified in section 3(b) may be been read the first time. relying on a questionable quorum in- in order in lieu of the amendment printed in General debate shall not exceed 1 terpretation allowing a small minority, House Report 109–10 and numbered 1. hour, with 40 minutes equally divided possibly a handful of surviving Mem- Sec. 3(a). The first amendment referred to and controlled by the chairman and bers to act for the full Chamber, Con- in section 2, which shall be debatable for ten ranking minority member of the Com- minutes equally divided and controlled by mittee on House Administration, and gress would be unable to legitimately the proponent and an opponent, is as follows: elect a new Speaker or confirm a new In section 26(b)(2) of the Revised Statutes 20 minutes equally divided and con- Vice President, both critical links in of the United States, as proposed to be added trolled by the chairman and ranking Presidential succession. by the bill, strike ‘‘45 days’’ and insert ‘‘49 minority member of the Committee on the Judiciary. They will be unable to declare war, days’’. (b). The second amendment referred to in The gentlewoman from Michigan appropriate funds, pass legislation section 2 is as follows: (Mrs. MILLER) and the gentlewoman needed to deal with the attack, confirm In section 26(b)(2) of the Revised Statutes from California (Ms. MILLENDER- Supreme Court and Cabinet appoint- of the United States, as proposed to be added MCDONALD) each will control 20 min- ments, oversee an executive branch by the bill, strike ‘‘shall take place’’ and all utes, and the gentleman from Wis- possibly run by someone largely un- that follows through ‘‘the vacancy exists,’’ consin (Mr. SENSENBRENNER) and the known to the country, and reassure a and insert the following: ‘‘shall take place not later than 60 days after the Speaker of gentleman from Michigan (Mr. CON- stunned Nation that their constitu- the House of Representatives announces that YERS) each will control 10 minutes. tional democracy is alive and well.’’ the vacancy exists,’’. The Chair recognizes the gentle- Constitutional democracy, not statu- The SPEAKER pro tempore (Mr. woman from Michigan (Mrs. MILLER). tory democracy as we are offering here LATOURETTE). The gentleman from b 1115 today. Oklahoma (Mr. COLE) is recognized. Mr. Madison offered the 17th amend- Mr. COLE of Oklahoma. Mr. Speaker, Mrs. MILLER of Michigan. Mr. ment to the United States Constitution I want to take this opportunity to Chairman, I yield myself such time as that has held well through the years briefly describe this amendment before I may consume. with reference to continuity, and we going further. Mr. Chairman, the legislation that owe no less responsibility to those This amendment makes in order an- we are going to be considering today Founders to be mindful of our respon- other amendment to take one more deals with a very, very serious issue, sibilities in that regard by offering up step toward satisfying the concerns of the possibility actually of a tragic at- to the American people an appropriate the minority and the Senate by extend- tack that would result in the death of constitutional amendment to be de- ing the time limits by which States a significant number of our colleagues bated and decided by the people of this can hold elections. It is a short exten- in the House. Though I think it is safe great country. sion, but useful in that it allows States to say that none of us are eager to con- Mr. Speaker, I yield back the balance to phase their election plans over 7 sider this issue, the events of Sep- of my time. even weeks. To that end I would urge tember 11, 2001, forced this House to my colleagues to support this fair rule consider the ramifications of a success- Mr. COLE of Oklahoma. Mr. Speaker, and the underlying legislation. ful terrorist attack against this body. I yield myself the balance of my time. Mr. Speaker, I yield back the balance On that fateful day, the enemies of In closing, I would like to say I be- of my time, and move the previous freedom clearly targeted the pillars of lieve the debate has been an excellent question on the amendment and on the our Nation. The terrorists attacked the discussion underlining many of the resolution. World Trade Center which represented substantive concerns of both sides of a The previous question was ordered. our economic freedom. They attacked complex issue. But let us make one The SPEAKER pro tempore. The the Pentagon which represents our thing clear, this bill is about America’s question is on the amendment offered military strength. And, by all ac- security and the way that Congress by the gentleman from Oklahoma (Mr. counts, Flight 93 was targeted either at will deal with a catastrophe of unprece- COLE). the White House or at this building, dented proportions. To ignore this The amendment was agreed to. both symbols of our form of democratic basic fact is to ignore the warnings of The SPEAKER pro tempore. The government and of our freedoms. history and the tragedy of September question is on the resolution, as In fact, only the heroic actions, the 11. amended. unbelievable bravery of those brave The resolution, as amended, was Mr. Speaker, today others have passengers on Flight 93 prevented that agreed to. placed this debate in the context of A motion to reconsider was laid on particular plane, that particular flight, election laws and constitutional issues. the table. from reaching its intended target. I appreciate their concerns, but this is The SPEAKER pro tempore (Mr. And so, Mr. Chairman, we begin to not what this legislation is about. It is COLE of Oklahoma). Pursuant to House think about the unthinkable, to do our about establishing an orderly proce- Resolution 125 and rule XVIII, the duty and to plan for every eventuality. dure to ensure the continuity of the Chair declares the House in the Com- H.R. 841, the Continuity in Representa- House in the aftermath of a cata- mittee of the Whole House on the State tion Act, provides a very reasonable, strophic event. The potential for this of the Union for the consideration of very well thought-out mechanism for was underlined by what occurred on the bill, H.R. 841. the reconstitution of the House of Rep- September 11. We cannot ignore those resentatives in the event of such a facts or ignore the realities and dan- b 1113 tragedy. The sponsor of the bill, the gers of a changed international and IN THE COMMITTEE OF THE WHOLE gentleman from Wisconsin (Mr. SEN- geopolitical environment. To do so Accordingly, the House resolved SENBRENNER), as well as the gentleman would be irresponsible. itself into the Committee of the Whole from California (Mr. DREIER) and the

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.015 H03PT1 H954 CONGRESSIONAL RECORD — HOUSE March 3, 2005 gentleman from Ohio (Mr. NEY) are to gued and will argue that more time is ple task. There is no question there is be commended for their great commit- necessary, but I disagree. lots of hard work. Regardless, it has ment and dedication in crafting this Under this legislation, States would been my observation and my personal bill and bringing it to the floor today. have the option, let me repeat, the op- experience that the fine men and The Congress must ensure that the tion, of eliminating the primary elec- women who administer our elections government remains strong and stable tion and permitting political parties always rise to the occasion to complete during and following a terrorist attack, recognized by State law to choose their the required work on time. I have no and this legislation would accomplish candidates. In turn, this would elimi- doubts that they would do so in a time that goal. nate the petition requirements and the of national emergency. Mr. Chairman, all the other branches verification process that accompanies While I hope, Mr. Chairman, that we of government already have contin- it. Additionally, it is important for us never have to face this situation, we gency plans in place. In the case of a to remember that the U.S. Representa- must nonetheless prepare for it. Clear- vacancy, the President would be re- tive position would really be the only ly it is incumbent on us to find a solu- placed quickly by the existing line of one on the ballot which would dramati- tion to this issue which honors the succession. The courts would be re- cally ease printing, programming and wishes and the wisdom of the Founding placed quickly by presidential appoint- testing. Fathers that the House of Representa- ment. The Senate would be reconsti- Furthermore, Mr. Chairman, the pas- tives remain the people’s House. tuted very quickly through guber- sage of the Help America Vote Act of Mr. Chairman, it has been said that natorial appointment as is outlined in 2002, HAVA as we commonly call it, the price of freedom is remaining ever the 17th amendment. Only the House has helped to prepare local election of- vigilant. I believe passing H.R. 841 is a would be unable to function quickly in ficials more than ever to conduct spe- step in showing the enemies of freedom a time of national emergency. cial elections. HAVA is granting Fed- that America is remaining ever vigi- The Continuity in Representation eral dollars to the States in historic lant. Similar legislation received over Act would correct this problem by re- proportions, quite frankly, dollars that 300 votes in the last Congress, and I quiring States to hold special elections they are using to eliminate antiquated would, again, ask my colleagues for to fill vacancies in the House of Rep- election equipment and purchasing new their strong bipartisan support of this resentatives not later than 49 days state-of-the-art equipment. States have legislation. after the vacancy is announced by the either constructed or are moving very Mr. Chairman, I reserve the balance Speaker of this House in the extraor- quickly toward construction of state- of my time. dinary circumstances that vacancies in wide computerized voter registration Ms. MILLENDER-MCDONALD. Mr. representation from the States exceed files, similar to the one that we built Chairman, I yield myself such time as 100. Mr. Chairman, as we grapple with in Michigan several years ago. Tech- I may consume. this issue, we must remind ourselves nology actually allows for these lists First, let me congratulate the gentle- that the U.S. House of Representatives to be updated daily so that a clean, up- woman from Michigan in joining our is the people’s House. For the entirety to-date file can be printed out literally committee, the Committee on House of our national existence, Members of any day of the year anytime, and pro- Administration. She is quite an addi- the House have been directly elected by vided to the polling sites. Obviously tion to the committee and we con- the people. Article 1, section 2 of our this is a fantastic election tool for any gratulate her. Constitution states: ‘‘When vacancies election, but particularly so for an ex- Mr. Chairman, I rise in opposition to happen in the representation from any pedited election. State, the executive authority thereof Also, States are now moving toward H.R. 841 in its current form. While the shall issue writs of elections to fill uniformity of voting systems in their bill number has changed since last such vacancies.’’ The key word here is precincts. Uniformity of election year, the core problems in this legisla- ‘‘elections.’’ No event should be reason equipment in a State will enable ven- tion remain the same as in last year’s enough to change this historic and con- dors to always have a camera ready bill, H.R. 2844. H.R. 841 is unworkable, stitutional constant. template of the ballot, and then all unfair and undemocratic. It restricts The bill under consideration today they literally have to do is fill in the the franchise and inhibits public par- allows us to remain true to the course names of the nominees for U.S. Rep- ticipation in the expedited special elec- charted for us by our Founding Fa- resentative and go to print. Having a tions it would create, an especially un- thers. There have been a number of uniform system will eliminate confu- fortunate development following so suggested alternatives to the proposal sion amongst poll workers and further closely after the serious problems re- in this legislation. Some have called ease election preparation. vealed in the aftermath of the 2004 for perhaps temporary appointment of H.R. 841 also protects the ability of elections. the Members of Congress in such an military personnel and overseas citi- This bill is part of a series of actions emergency either through guber- zens to participate in a special election by the majority over the last 2 years as natorial appointment like that in the by requiring that absentee ballots be advertised in addressing problems of Senate, or even by a sitting Member transmitted to such voters within 15 congressional continuity. The stated naming a successor to take the seat in days of the Speaker’s announcement objective of the legislation is to over- the event of that Member’s death. and that such absentee ballots be ride State laws in order to hold expe- Any of these ideas would require a counted if they are received not later dited special elections within 45 days of constitutional amendment, which than 45 days after the State transmits a catastrophe which may leave more would be a change from both tradition them. than 100 vacancies in the Chamber. and constitutional mandate which ex- In fact, even now the Department of While this goal is laudable, the bill de- pressly calls again for the direct elec- Defense, the DOD, is moving towards a fines a problem, creates an unfunded tion of Members of the House of Rep- program where service men and women mandate, but then provides no solu- resentatives. Concerns have also been stationed overseas can actually tion. This legislation dumps the prob- expressed regarding the requirement download their ballots via the Internet. lem onto the States to produce some- that special elections be completed Some will make the argument, again, thing called an ‘‘election’’ within 45 within 49 days of the Speaker’s an- that 49 days is simply not enough time days, but without the political and nouncement of 100 existing vacancies for the States to prepare. To that argu- democratic substance we associate in the House would be difficult. ment, I would simply point out that with campaigns for the House of Rep- Mr. Chairman, before I came to Con- some States today already have re- resentatives. gress actually, I was honored to serve quirements that special elections be I want to stress that H.R. 841 has no as Michigan’s Secretary of State for 8 held in much less time than the 49-day partisan content. It is simply inad- years with a principal responsibility of period. So I believe that argument is equate to the task of reconstituting serving as that State’s chief election obviously moot. the House in a truly democratic fash- official, so this is an area that I do Mr. Chairman, I certainly do not in- ion. Members on our side of the aisle have some expertise in. Some have ar- tend to imply that this would be a sim- were split almost down the middle last

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.019 H03PT1 March 3, 2005 CONGRESSIONAL RECORD — HOUSE H955 April in the vote on this legislation be- instantly finance their campaigns rep- Mr. Chairman, I reserve the balance cause they felt pressured to do some- resentative of the full range of polit- of my time. thing. But the majority voted for it ical talent of America? More impor- Mrs. MILLER of Michigan. Mr. virtually lockstep when not even its tantly, are they the people we want to Chairman, I have no further requests principal sponsors could explain how give a head start in gaining seats in for time, and I reserve the balance of the bill was actually supposed to work. the House? I do not think we want my time. The Senate, not surprisingly, never that, Mr. Chairman. Mr. SENSENBRENNER. Mr. Chair- acted on it. So here we go again. This bill also allows insufficient time man, I yield myself such time as I may H.R. 841 contains a wish list of provi- to conduct primary elections in the consume. sions which would set impractical many States which allow them for spe- Mr. Chairman, I rise in support of deadlines, ignore the rights of can- cial elections. Last year’s bill origi- H.R. 841, the Continuity of Representa- didates to run and of voters to partici- nally banned primaries entirely, but tion Act of 2005. pate in elections, and create confusion the gentleman from Ohio (Mr. NEY) im- On September 11, 2001, the fourth hi- in the aftermath of a national catas- proved this bill during our committee jacked plane was headed toward the trophe when the country needs the sta- markup by removing the prohibition Nation’s capital. Had it not been for bility of established constitutional on primaries. Nevertheless, the 45-day the heroic actions of the passengers of processes and the legitimacy of the scheme would still effectively block United Flight 93 who forced the plane rule of law. them in many States. down over Pennsylvania, Congress’s Let us look at some of the specifics This bill still allows insufficient time ability to serve the American people of this bill. Among the principal flaws to send, receive and count absentee may have been severely disrupted. of this legislation are the time frame is ballots, even in those States which will Currently, there is no mechanism to much too short for the conducting of not use primaries. Those most likely to quickly replace House Members by spe- special elections in many States. Even face exclusion include Americans cial election. During the last Congress, States whose present laws contemplate abroad and our military personnel sta- the House acted in an overwhelmingly 45 days may not cope in the aftermath tioned and fighting overseas. bipartisan fashion to address this defi- of an unknown future crisis which Mr. Chairman, this bill contains no ciency by passing the predecessor of could affect our infrastructure and mechanism to activate its own provi- this year’s bill by a larger than three communications systems nationwide. sions in the event the entire House to one margin. Unfortunately, the bill The House last year rejected a proposal membership is wiped out. If so, what was never brought up in the other body for 75 days in which to conduct these happens next? because of the objections of one or elections. This year, I will offer a com- more anonymous Members of that b 1130 promise amendment proposing 60 days, Chamber. Consequently, the guarantee which is not a magic solution, either, H.R. 841 deals with a practical catas- of the right to elected representation but which at least provides valuable trophe and a partial one, but becomes following a catastrophic incident has additional flexibility to the States. useless in the event of a total catas- yet been unnecessarily imperiled. The bill represents an unfunded man- trophe. It was suggested on the House The legislation before us again today date. While States could conduct spe- floor last year that in the cir- will preserve the people’s constitu- cial elections to fill vacancies even cumstances that the entire House was tional right to directly elected rep- without this bill, it eliminates their wiped out, it would be up to the people resentation by providing for the expe- flexibility in the scheduling of elec- to come together and make the deter- dited special election of new Members tions, in the format of the elections mination as to the rebuilding process within 49 days of the Speaker’s an- and in the costs of elections. and how it begins. Really? Then how? nouncement that there are more than There is insufficient time for voter Is it not the responsibility of Congress 100 House vacancies. The House, unique registration for those wishing to par- to anticipate and find solutions to among all branches and bodies of the ticipate in an unscheduled, sudden problems when it enacts laws and not entire Federal Government, is rooted election for the House. New voters to rely on some vague national town in the principle of direct elections, and would be blocked out of the system. meeting if the bill fails to work? that principle must be preserved. Cur- Why should we prevent full public par- Should we not be settling this issue rent Federal law allows the Presidency ticipation when a Congress, seeking to right now right here in the legislation and the Senate to consist of entirely renew itself, needs the legitimacy before us? the unelected in certain circumstances. which an open democratic system pro- The 45-day provision in the bill al- Without an elected House, the entire vides? lows insufficient time to assemble the Federal Government could be run and The bill provides no mechanism for infrastructure of elections necessary to laws could be written without a single candidates to qualify for the ballot in manage elections competently and branch directly representing the pop- States which require petition gath- fairly. Even in elections, under the best ular will. ering or other potentially time-con- of circumstances, there are inevitably Congress has the clear authority to suming measures intended to assess problems with voter registration lists, enact the Continuity in Representation the public support and credibility of voting with provisional ballots, trans- Act under article I, section 4 of the potential candidates. States are ex- mitting, receiving, and counting absen- Constitution, which allows Congress, pected to develop some faster method tee ballots, reserving polling places at any time by law, to make or alter to accomplish these central goals of and staffing the polls with voting ma- State election laws. Consistent with qualifying candidates to run very early chines and election workers. the right to chosen representation, the before the bill’s trigger is pulled or risk After a catastrophe we can add a po- Founders explicitly considered missing the deadline. So which should tential breakdown in communication Congress’s power to require expedited it be? systems and other infrastructure, in- special elections as the solution to po- This bill assumes that there are in- cluding transportation, along with the tential discontinuity in government in stant candidates out there who, upon potential inability to order voting ma- extraordinary situations. As Alexander learning of a vacancy, will decide to chines and ballots. Forty-five days is Hamilton wrote, the Constitution gives run without full consultation with simply not enough time in many the Congress ‘‘a right to interpose’’ its family and friends, or with their poten- States to conduct special elections, es- special election rules on the States tial parties and relevant interest pecially after a national catastrophe. ‘‘whenever extraordinary cir- groups and who can instantly arrange Mr. Chairman, this bill represents cumstances might render that inter- financing and instantly have an infra- the wrong choices of values in a democ- position necessary to its safety.’’ The structure in place to negotiate the racy. It creates an artificial election Supreme Court has unanimously ap- campaign finance laws. These steps are timetable aimed at simply creating a proved such clear congressional au- extraordinarily difficult even in nor- result, and that is just Members of the thority. mal circumstances. Are candidates who House. The American people deserve Members from both parties have a can make instant decisions to run and real choices, emergency or not. significant stake in the operation of

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.021 H03PT1 H956 CONGRESSIONAL RECORD — HOUSE March 3, 2005 the House following a terrorist inci- ones that have lengthy special election Ms. MILLENDER-MCDONALD. Mr. dent, and I am pleased that the legisla- processes, including the gentlewoman Chairman, I yield 5 minutes to the gen- tion before us today is appropriately a from California’s own State. tleman from Washington (Mr. BAIRD). product of bipartisan cooperation and The one seat in the House of Rep- Mr. BAIRD. Mr. Chairman, I thank input. For example, I worked with the resentatives that is vacant today is the gentlewoman for yielding me this gentleman from Missouri (Mr. SKEL- that occupied by our beloved colleague, time. TON), ranking member of the Com- the late Bob Matsui. He died on Janu- My good colleague from California mittee on Armed Services, to craft pro- ary 1. That was 63 days ago, and his raised the exact and critical point. The visions that govern absentee ballots seat is still unfilled. There is an elec- question is, what happens during those cast by members of the Armed Forces, tion next week to fill the vacancy. But 45 days? We will need to support elec- and overseas voters, whose ballots if no candidate in that election gets tions. There is not a single Member of would be counted if they are received more than 50 percent of the vote, then this House who has not supported some within 45 days after the State trans- we will wait until May 3 to find out form of general election, a special elec- mits them. who the new Representative from Sac- tion, to replace the Members at some Further, I have worked with the gen- ramento, California is. point. But during that 45 days, what tleman from Michigan (Mr. CONYERS), And what this bill will do is to make happens? ranking member of the Committee on sure that California will have a full The Chair of the Constitution Sub- the Judiciary, to add a provision that delegation as quickly as possible, not- committee says this is what happens: all Federal laws governing the admin- withstanding the current State law, martial law. We do not know who istration of elections for Federal office while other States fill their delega- would fill the vacancy of the Presi- are explicitly preserved. tions up and those Representatives- dency, but we do know that the Succes- During the Committee on House Ad- elect will come to Congress and be sion Act most likely suggests it would ministration’s markup of the bill, a seated and be functioning immediately be an unelected person. substitute amendment offered by the after their election. The sponsors of the bill before us gentleman from Ohio (Chairman NEY) Let us make sure that every State as today insist, and I think rightfully so, was adopted, which includes further quickly as possible can have adequate on the importance of elections. But to changes that directly respond to con- representation. Let us pass this bill. then say that during a 45-day period we cerns expressed by the minority. First, Mr. Chairman, I reserve the balance would have none of the checks and bal- the current bill continues to allow of my time. ances so fundamental to our Constitu- Ms. MILLENDER-MCDONALD. Mr. States the option of having special tion, none of the separation of powers, Chairman, I yield myself 30 seconds. and that the Presidency would be filled election candidates selected by parties To respond to the gentleman’s com- within 10 days, but would also author- by an unelected member of the Cabinet ments about California, it does show who not a single member of this coun- ize the States to select such candidates that we do need beyond 45 days to hold by any other method including pri- try, not a single citizen, voted to fill a special election, such as in the case that position, and that that person maries provided such method will en- of our late friend, Representative Bob would have no checks and balances sure the State will hold the special Matsui. And also I refer to the commit- from Congress for a period of 45 days I election within the 45-day period. tees that were convened to preserve find extraordinary. I find it incon- Second, the bill considered today in- our institution, and it aligns many sistent. I find it illogical, and, frankly, cludes a provision that will allow seats States where the vacancy days for I find it dangerous. left vacant by delegates and resident holding elections were not fewer than commissioners to also be filled by spe- The gentleman from Wisconsin re- 74 days. So those are the number of fused earlier to yield time, but I was cial election pursuant to the bill’s re- days that are important that we need going to ask him, if Virginia has those quirements. to adhere to. elections in a shorter time period, they While some take the pessimistic view Mr. Chairman, I yield 1 minute to the should be commended for that. So now of the resiliency of the electoral proc- gentlewoman from California (Ms. ZOE we have a situation in the Congress ess following an attack on the Nation’s LOFGREN). capital, I have a different view. I have Ms. ZOE LOFGREN of California. Mr. where the Virginia delegation has sent no doubt that the boundless spirit of Chairman, this bill does have flaws, as their Members here, but many other the American people will ensure that have been identified, and I think the States do not have Members here. Do democracy prevails even in the most criticisms are fairly taken. And the they at that point elect a Speaker of pressing conditions. ranking gentlewoman’s amendment is the House in the absence of other Mem- What I have heard from the oppo- a sound one I will support. But in the bers? And then three more States elect nents of this bill is that they say, well, end, we do need to have special elec- their representatives, temporary re- we cannot have an election put to- tions in the case of a catastrophe. I placements, or full replacements at gether so quickly. The gentlewoman voted for this last year and will vote that point. They come in. Do they elect from Michigan (Mrs. MILLER), I think, for it again. a new Speaker? And if that happens, has made it quite clear that from her The problem is it misses the point of who becomes the President under the experience as Michigan’s Secretary of what happens in the 45 days or, if the Succession Act? State and chief election officer that we gentlewoman from California (Ms. This bill does not address that ques- will be able to do that. And I point out MILLENDER-MCDONALD) passes, in the tion. This bill responds to real threats that what this bill does is to ensure the 75 days. What happens then? with fantasies. It responds with the prompt filling of vacant seats in States I read with some alarm the ‘‘Roll fantasy, first of all, that a lot of people that have long special election proc- Call’’ article of December 6, 2004, on will still survive; but we have no guar- esses. this subject, and I will quote from that antee of that. It responds with the fan- Virginia is able to fill vacancies in article: ‘‘The country is going to be tasy that those who do survive will do its general assembly by special elec- under martial law until we have elec- the right thing. We are here having tion within 12 days after the vacancy tions anyway.’’ That was actually said this debate, we have debates every day, occurs provided the Governor calls a by the gentleman from Ohio (Mr. because people differ on what the right special election. If Virginia makes that CHABOT), chairman of the Constitution thing is to do. apply to vacancies in the House of Rep- Subcommittee. And I just must say, is I have been in very traumatic situa- resentatives, we are going to have a the agenda martial law? Because that tions with people in severe car wrecks full Virginia delegation sitting in this appears to be the case, and absent a and mountain climbing accidents. My Chamber or elsewhere legislating while constitutional amendment to allow for experience has not been that crisis im- the States that decide that they want a temporary appointment, we will have bues universal sagacity and fairness. It to have more debates and keep the martial law and the elimination of a has not been that. People respond in seats vacant will end up sitting unrep- Republic in this country. extraordinary ways, and we must pre- resented here. Mrs. MILLER of Michigan. Mr. serve an institution that has the delib- What this bill does is that it speeds Chairman, I reserve the balance of my erative body and the checks and bal- up the process in the slow States, the time. ances to meet those challenges.

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.023 H03PT1 March 3, 2005 CONGRESSIONAL RECORD — HOUSE H957 b 1145 You are making the wrong choice resentative is elected. Just as the Vice Many of our States are going increas- today if you think you have solved this President of the United States is elect- ingly to mail-in ballots. We in this problem. ed as part of a ticket with the Presi- body were effectively disabled by an Mrs. MILLER of Michigan. Mr. dent, alternate Representatives would anthrax attack not long after Sep- Chairman, I continue to reserve my go on the ballot and be elected as a tember 11. I would ask my dear friends, time. ticket with their Representative so will you conduct this election in 45 Ms. MILLENDER-MCDONALD. Mr. that in times of crisis, there would be days if there is anthrax in the mail and Chairman, I yield 4 minutes to the gen- immediate representation for the still preserve the franchise of the tleman from California (Mr. ROHR- United States Congress and for the peo- American people? How will you do ABACHER). ple throughout our country. that? You have no answer to that ques- Mr. ROHRABACHER. Mr. Chairman, H.J. Res. 26 thus solves the constitu- tion. I rise in opposition to H.R. 841, and I tional problem that a statute such as I find it extraordinary, frankly, that regret the partisan flavor that seems H.R. 841 cannot. It provides for both while saying you do not want to amend to have become part of this debate. the continuity of Congress and for the the Constitution, we began this very Mr. Chairman, this bill offers a solu- continuity of representation for every Congress by amending the Constitution tion to a crisis, to a problem that we district in the country, even if only one through the rule, by undermining the face, to a challenge that we face, but it Representative dies or is in incapaci- principle that a quorum is 50 percent of is a solution that will not work. I plead tated. Under our alternative, thus no the body and instead saying it is how- with my fellow Republicans to listen to district would ever be without rep- ever many people survive. And if that the arguments that have just been resentation. rule applies, who will designate it, who made and to determine for themselves H.R. 841, on the other hand, does will implement it? The Speaker, or the whether or not this legislation will do nothing to address incapacity, and in Speaker’s designee? Again, not an the job that it claims it is intended to the case of death, allows as many as 99 elected person, as you say is so critical do. districts at a time to go without rep- and I believe is critical, but a tem- I looked at it with an open heart and resentation for months. porary appointee, frankly, who not a an open mind and find that I agree Under H.J. Res. 26, Acting Representatives single other Member of this body with the gentleman from Washington would be every bit as much elected officials as knows who they are. So we not only (Mr. BAIRD) that at a time when we the Vice President is, yet would serve only have an unelected person, we have an need it the most, this bill will leave us until a new Representative is elected under unknown person who will convene this in limbo, without leadership, and it the fully democratic procedures used by body, and who, by the way, could con- will make America vulnerable at a States today. Thus the Rohrabacher-Baird ceivably convene it for their own elec- time when we need leadership the amendment not only solves all the continuity tion to then become the President of most. problems, but also preserves the principle that the United States under the Succession I oppose this legislation. This bill fo- only elected officials may cast a vote in the Act. cuses on the continuity of the election House of Representatives. You have refused steadfastly to de- process rather than the continuity of Mr. Chairman, although I oppose the bill be- bate this real issue broadly. You had a Congress. The people who wrote this fore us, the Rohrabacher-Baird amendment is mock debate in the Committee on the bill got their priorities all mixed up as something that can be supported even by Judiciary in which the distinguished to what the purpose of this was sup- chairman presented my bill without al- those who vote for the bill. I ask my col- posed to be. leagues for their support and co-sponsorship lowing me the courtesy or dignity to Mr. Chairman, the time frame in this defend it myself. And on that, you of H.J. Res. 26. bill of 45 days is both too long and too proudly say you defend democracy. Sir, On 9/11 we lived through a crisis that at short. Forty-five days is too long to re- I think you dissemble in that regard. times seemed bizarre and even surreal. Many Here is the fundamental question for construct the House of Representatives otherwise competent leaders were in a state us, my friends, and it is this: The in a time of crisis when decisions need of shock and at one moment when we gath- American people are watching tele- to be made immediately, so in that 45 ered on the Capitol steps to send a message vision and an announcement comes on days, when we are the most vulnerable, to the American people, Representative BAIRD and says the Congress has been de- this legislation would leave America and I realized more was needed and began stroyed in a nuclear attack, the Presi- the most vulnerable. singing God Bless America. All our colleagues dent and Vice President are killed and But 45 days is also too short a period joined in. That was the message the American the Supreme Court is dead and thou- to preserve the democratic representa- people needed. sands of our citizens in this town are. tion that we have heard about, be- Today let’s do what is needed for the Amer- What happens next? Under your bill, cause, yes, you could have elections, ican people at a time of maximum crisis. 45 days of chaos. Apparently, according but it does not allow time for primary Mr. Chairman, I would ask my fellow to the Committee on the Judiciary elections. So who are those elections Republicans, please give this serious Subcommittee on the Constitution going to be all about? Under this law, consideration. This is too important an chairman, 45 days of marshal law, rule party bosses rather than party voters issue to think about in terms of party of this country by an unelected Presi- will choose the candidates; thus, they politics. This is a time of crisis, when dent with no checks and balances. Or will choose the Representatives. This is American people will be counting on us an alternative, an alternative which hollow, a very hollow approach to de- to do our best and to set up something says quite simply that the people have mocracy, suggesting that this would that will work in a time of crisis. entrusted the Representatives they permit people to be elected, when in Mrs. MILLER of Michigan. Mr. send here to make profound decisions, fact it will be the party bosses that Chairman, I continue to reserve my war, taxation, a host of other things, will be deciding who the voters will time. and those Representatives would have have a chance to vote on. The CHAIRMAN. The Chair would the power under the bill of the gen- The gentleman from Washington (Mr. announce that the gentlewoman from tleman from California (Mr. ROHR- BAIRD) and I have introduced a bipar- Michigan (Mrs. MILLER) has 12.5 min- ABACHER) bill or mine to designate tisan constitutional amendment that utes remaining, the gentleman from temporary successors, temporary, only solves the problems that H.R. 841 at- Wisconsin (Mr. SENSENBRENNER) has 2.5 until we can have a real election. tempts to address, and it does this minutes remaining and the gentle- The American people, in one sce- without the inevitable limitations of woman from California (Ms. nario, are told we do not know who is trying to fix a constitutional problem MILLENDER-MCDONALD) has 30 seconds going to run the country, we have no with a simple statute. remaining. The order of closing is the Representatives; where in another you House Joint Resolution 26 provides gentleman from Wisconsin (Mr. SEN- will have temporary Representatives for the immediate replacement of both SENBRENNER), the gentlewoman from carrying your interests to this great deceased and incapacitated Members California (Ms. MILLENDER-MCDONALD) body while we deliberate and have real by alternates, who become acting Rep- and the gentlewoman from Michigan elections. That is the choice. resentatives only until a new Rep- (Mrs. MILLER).

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.026 H03PT1 H958 CONGRESSIONAL RECORD — HOUSE March 3, 2005 Mr. SENSENBRENNER. Mr. Chair- Mrs. MILLER of Michigan. Mr. land, and it does that by ensuring that man, I yield myself the balance of my Chairman, I yield myself the balance of our democratically elected government time. my time. is able to respond in the face of an ur- Mr. Chairman, the primary opposi- Mr. Chairman, the Continuity in gent threat. tion to this legislation comes from peo- Representation Act provides a process Homeland security is not a Repub- ple who have favored a constitutional to ensure that our democratic govern- lican issue. It is not a Democratic amendment to provide for the appoint- ment remains stable and orderly dur- issue. This is an issue that affects ment of substitute Representatives ing a possible time of great instability. every single American, Mr. Chairman; should there be a catastrophe that In addition, it preserves the unique sta- and the Congress should act in the in- wipes out a significant part or all of tus of the House of Representatives by terest of America and of democracy. the House of Representatives. continuing the tradition and the con- I urge all of my colleagues to join me in supporting H.R. 841, and I look for- I believe last year, the House of Rep- stitutional mandate that every Mem- ward very much to supporting and resentatives laid that proposition to ber of this body must be elected by his passing this important and historic rest. We did have a full debate on the or her constituents. In such a time of legislation. floor of the constitutional amendment crisis, the people of this Nation must Mr. PAUL. Mr. Chairman, I am pleased to that both the gentleman from Wash- have a voice in the critical decisions support H.R. 841, the Continuity in Represen- ington (Mr. BAIRD) and the gentleman that are being made. This legislation tation Act, introduced by my distinguished col- from California (Mr. ROHRABACHER) ensures that that will be the case. league, House Judiciary Committee Chairman supported. It only got 63 votes. Twenty The time limit of 49 days that this JAMES SENSENBRENNER. H.R. 841 provides a votes are necessary for the two-thirds bill lays out is more than adequate, Mr. Chairman. In fact, a survey of elec- practical and constitutional way to ensure that majority necessary to propose amend- the House of Representatives can continue to ments to the Constitution on any sub- tion officials confirmed that this is a realistic time frame, and I will tell you operate in the event that more than 100 Mem- ject, and I believe that the House of bers are killed, H.R. 841 thus protects the Representatives at that time clearly as a former elections official myself, I concur with those findings. people’s right to choose their Representatives and emphatically spoke in favor of at the time when such a right may be most im- maintaining elections as the only way Furthermore, several States already have laws in place that require special portant, while ensuring continuity of the legis- one could enter the House of Rep- lative branch. elections to be conducted in a shorter resentatives, the people’s House. Article I section 2 of the United States Con- period of time than the 49-day limit So now we hear that the 49 days that stitution grants State governors the authority are proposed in this bill are too short that this legislation requires. It is a to hold special elections to fill vacancies in the to be able to organize a proper election short enough period that the House is House of Representatives. Article I, section 4 in a time of crisis. I do not think that reconstituted quickly and loses none of of the Constitution gives Congress the author- is correct. During the Second World its authority, and, at the same time, it ity to designate the time, place and manner of War, Great Britain was under attack is a long enough period for fair elec- such special elections if States should fail to constantly by the German Air Force, tions to be conducted. act expeditiously following a national emer- and even during the war they were able When this issue was before the 108th gency. Alexander Hamilton, who played a to hold special elections to fill vacan- Congress, Mr. Chairman, the House major role in the drafting and ratification of the cies in the House of Commons within 42 acted in an overwhelmingly bipartisan United States Constitution, characterized au- days. Democracy prevailed because the fashion and approved the Continuity in thority over Federal elections as shared be- people of Great Britain insisted that it Representation Act by a more than tween the States and Congress, with neither do so, and those elections worked and three-to-one margin. In fact, H.R. 841 being able to control the process entirety. H.R. those people who were elected entered that we consider today has improved 841 exercises Congress’s power to regulate the House of Commons with a mandate on the previous bill by addressing the the time, place and manner of elections by re- from the people. following reservations that some Mem- quiring the holding of special elections within This bill will work just as well in a bers of the House and some of the 45 days after the Speaker or Acting Speaker time of crisis as a way of repopulating States had regarding that bill. declares 100 Members of the House have the House. We are not going to have First, the special election privilege is been killed. appointed Representatives. The con- extended now to Delegates and Resi- I have no doubt that the people of the stitutional amendment has been over- dent Commissioners so that they could States are quite competent to hold elections in whelmingly rejected here. So the re- be replaced just as quickly as Mem- a timely fashion. After all, it is in each State’s sponsible thing to do is to speed up the bers. interest to ensure it has adequate elected rep- special election process, particularly in Second, the legislation explicitly resentation in Washington. The version of those States like California where it gives States any method that they H.R. 841 before Congress today was drafted takes forever to fill a vacancy so that choose to selects the candidates for with input from State elections commissioners the States can have full representation special elections. Certainly as an advo- to make sure it sets realistic goals and will not as quickly as possible. cate of States’ rights, this provision unduly burden State governments. was extremely important to both my- Pass the bill. I am disappointed that some of my col- self and many of us here in this Cham- leagues reject the sensible approach of H.R. Mr. Chairman, I yield back the bal- ber. 841 and instead support amending the Con- ance of my time. Finally, the time limit for special stitution to allow appointed Members to serve Ms. MILLENDER-MCDONALD. Mr. elections to be completed has been ex- in this body. Allowing appointed Members to Chairman, I yield myself the balance of tended to 49 days from the time of the serve in ‘‘the people’s house’’ will fundamen- my time. Speaker’s announcement that over 100 tally alter the nature of this institution and Mr. Chairman, this bill is not a bill vacancies exist. This gives local and sever the people’s most direct connection with that will work. You have heard it from State officials 7 full weeks to select their government. several Members. This bill is unfair and candidates, to print ballots and to fully Even with the direct election of Senators, is undemocratic. It has also been execute those special elections. the fact that Members of the House are elect- shown it is too short a time to conduct ed every 2 years while Senators run for state- 1200 special elections in many States. It is b wide office every 6 years means that Mem- insufficient time for voter registration With these changes I am hopeful that bers of the House of Representatives are still and for those who want to participate the bipartisan support for this legisla- more accountable to the people than members in this unscheduled election. New vot- tion will be even greater today than it of any other part of the Federal Government. ers will be blocked out of the system has been in the past. Mr. Speaker, this Appointed Members of Congress simply can- entirely. Is this what we want, given is not simply a bill about elections or not be truly representative. James Madison the last election of 2004? I think not. the best way to replace Members of and Alexander Hamilton eloquently made this This bill simply represents the wrong Congress. Mr. Chairman, this bill is point in Federalist 52: choices of values in a democracy. This about the strength of our Nation. It is As it is essential to liberty that the gov- bill should be voted down. about our ability to secure the home- ernment in general should have a common

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.028 H03PT1 March 3, 2005 CONGRESSIONAL RECORD — HOUSE H959 interest with the people, so it is particularly ists that they cannot alter our republican gov- be vacant and shall be heard by a 3-judge court essential that the branch of it under consid- ernment. convened pursuant to section 2284 of title 28, eration should have an immediate depend- Mrs. MILLER of Michigan. I yield United States Code. ‘‘(ii) A copy of the complaint shall be deliv- ence on, and an intimate sympathy with, the back the balance of my time, Mr. people. Frequent elections are unquestion- ered promptly to the Clerk of the House of Rep- ably the only policy by which this depend- Chairman. resentatives. ence and sympathy can be effectively se- The CHAIRMAN. All time for general ‘‘(iii) A final decision in the action shall be cured. debate has expired. made within 3 days of the filing of such action Mr. Chairman, there are those who say that Pursuant to the rule, the committee and shall not be reviewable. amendment in the nature of a sub- ‘‘(iv) The executive authority of the State that the power of appointment is necessary in contains the district of the Member of the House order to preserve checks and balances and stitute printed in the bill shall be con- of Representatives whose seat has been an- thus prevent an abuse of executive power dur- sidered as an original bill for the pur- nounced to be vacant shall have the right to in- ing a time of crisis. Of course, I agree that it pose of amendment under the 5-minute tervene either in support of or opposition to the is very important to carefully guard our con- rule and shall be considered read. position of a party to the case regarding the an- stitutional liberties in times of crisis and that The text of the committee amend- nouncement of such vacancy. ‘‘(5) PROTECTING ABILITY OF ABSENT MILITARY an over-centralization of power in the execu- ment in the nature of a substitute is as follows: AND OVERSEAS VOTERS TO PARTICIPATE IN SPE- tive branch is one of the most serious dangers CIAL ELECTIONS.— to that liberty. However, Mr. Chairman, during H.R. 841 ‘‘(A) DEADLINE FOR TRANSMITTAL OF ABSEN- a time of crisis it is all the more important to Be it enacted by the Senate and House of Rep- TEE BALLOTS.—In conducting a special election have Representatives accountable to the peo- resentatives of the United States of America in held under this subsection to fill a vacancy in ple. Otherwise, the citizenry has no check on Congress assembled, its representation, the State shall ensure to the the inevitable tendency of government to in- SECTION 1. SHORT TITLE. greatest extent practicable (including through the use of electronic means) that absentee bal- fringe on the people’s liberties at such a time. This Act may be cited as the ‘‘Continuity in Representation Act of 2005’’. lots for the election are transmitted to absent I would remind my colleagues that the only uniformed services voters and overseas voters (as reason we are considering reexamining provi- SEC. 2. REQUIRING SPECIAL ELECTIONS TO BE HELD TO FILL VACANCIES IN THE such terms are defined in the Uniformed and sions of the PATRIOT Act is because of public HOUSE IN EXTRAORDINARY CIR- Overseas Citizens Absentee Voting Act) not later concerns that this act gives up excessive lib- CUMSTANCES. than 15 days after the Speaker of the House of erty for a phantom security. Appointed officials Section 26 of the Revised Statutes of the Representatives announces that the vacancy ex- would not be as responsive to public con- United States (2 U.S.C. 8) is amended— ists. cerns. (1) by striking ‘‘The time’’ and inserting ‘‘(a) ‘‘(B) PERIOD FOR BALLOT TRANSIT TIME.—Not- withstanding the deadlines referred to in para- Supporters of amending the Constitution IN GENERAL.—Except as provided in subsection (b), the time’’; and graphs (2) and (3), in the case of an individual claim that the appointment power will be nec- who is an absent uniformed services voter or an essary in the event of an emergency and that (2) by adding at the end the following new subsection: overseas voter (as such terms are defined in the the appointed Representatives will only be ‘‘(b) SPECIAL RULES IN EXTRAORDINARY CIR- Uniformed and Overseas Citizens Absentee Vot- ing Act), a State shall accept and process any temporary. However, the laws passed by CUMSTANCES.— otherwise valid ballot or other election material these ‘‘temporary’’ Representatives will be per- ‘‘(1) IN GENERAL.—In extraordinary cir- manent. cumstances, the executive authority of any from the voter so long as the ballot or other ma- Mr. Chairman, this country has faced the State in which a vacancy exists in its represen- terial is received by the appropriate State elec- possibility of threats to the continuity of this tation in the House of Representatives shall tion official not later than 45 days after the State transmits the ballot or other material to body several times in our history. Yet no one issue a writ of election to fill such vacancy by special election. the voter. suggested removing the people’s right to vote ‘‘(6) APPLICATION TO DISTRICT OF COLUMBIA ‘‘(2) TIMING OF SPECIAL ELECTION.—A special for Members of Congress. For example, the AND TERRITORIES.—This subsection shall election held under this subsection to fill a va- British in the War of 1812 attacked the city of apply— cancy shall take place not later than 45 days ‘‘(A) to a Delegate or Resident Commissioner Washington, yet nobody suggested the States after the Speaker of the House of Representa- could not address the lack of a quorum in the to the Congress in the same manner as it applies tives announces that the vacancy exists, unless, to a Member of the House of Representatives; House of Representatives through elections. during the 75-day period which begins on the and During the Civil War, the neighboring State of date of the announcement of the vacancy— ‘‘(B) to the District of Columbia, the Common- Virginia, where today many Capitol Hill staffers ‘‘(A) a regularly scheduled general election wealth of Puerto Rico, American Samoa, Guam, reside and many Members stay while Con- for the office involved is to be held; or and the United States Virgin Islands in the gress is in session, was actively involved in ‘‘(B) another special election for the office in- same manner as it applies to a State, except that volved is to be held, pursuant to a writ for a a vacancy in the representation from any such hostilities against the United States Govern- special election issued by the chief executive of ment. Yet, Abraham Lincoln never suggested jurisdiction in the House shall not be taken into the State prior to the date of the announcement account by the Speaker in determining whether that non-elected persons serve in the House. of the vacancy. vacancies in the representation from the States Adopting any of the proposals to deny the ‘‘(3) NOMINATIONS BY PARTIES.—If a special in the House exceed 100 for purposes of para- people the ability to choose their own Rep- election is to be held under this subsection, the graph (4)(A). resentatives would let the terrorists know that determination of the candidates who will run in ‘‘(7) RULE OF CONSTRUCTION REGARDING FED- they can succeed in altering our republican in- such election shall be made— ERAL ELECTION LAWS.—Nothing in this sub- ‘‘(A) by nominations made not later than 10 section may be construed to affect the applica- stitutions. I hope all my colleagues who are days after the Speaker announces that the va- considering rejecting H.R. 841 in favor of a tion to special elections under this subsection of cancy exists by the political parties of the State any Federal law governing the administration constitutional amendment will question the that are authorized by State law to nominate of elections for Federal office (including any wisdom of handing terrorists a preemptive vic- candidates for the election; or law providing for the enforcement of any such tory over republican government. ‘‘(B) by any other method the State considers law), including, but not limited to, the fol- As noted above, the Framers gave Con- appropriate, including holding primary elec- lowing: gress all the tools it needs to address prob- tions, that will ensure that the State will hold ‘‘(A) The Voting Rights Act of 1965 (42 U.S.C. lems of mass vacancies in the House without the special election within the deadline required 1973 et seq.), as amended. compromising this institution’s primary function under paragraph (2). ‘‘(B) The Voting Accessibility for the Elderly ‘‘(4) EXTRAORDINARY CIRCUMSTANCES.— as a representative body. In fact, as Hamilton and Handicapped Act (42 U.S.C. 1973ee et seq.), ‘‘(A) IN GENERAL.—In this subsection, ‘ex- as amended. explains in Federalist 59, the ‘‘time, place, and traordinary circumstances’ occur when the ‘‘(C) The Uniformed and Overseas Citizens manner’’ clause was specifically designed to Speaker of the House of Representatives an- Absentee Voting Act (42 U.S.C. 1973ff et seq.), as address the kind of extraordinary cir- nounces that vacancies in the representation amended. cumstances imagined by those who support from the States in the House exceed 100. ‘‘(D) The National Voter Registration Act of amending the Constitution. ‘‘(B) JUDICIAL REVIEW.—If any action is 1993 (42 U.S.C. 1973gg et seq.), as amended. In conclusion, I urge my colleagues to sup- brought for declaratory or injunctive relief to ‘‘(E) The Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), as amended. port H.R. 841, the Continuity in Representa- challenge an announcement made under sub- paragraph (A), the following rules shall apply: ‘‘(F) The Rehabilitation Act of 1973 (29 U.S.C. tion Act, which ensures an elected Congress ‘‘(i) Not later than 2 days after the announce- 701 et seq.), as amended. can continue to operate in the event of an ment, the action shall be filed in the United ‘‘(G) The Help America Vote Act of 2002 (42 emergency. This is what the drafters of the States District Court having jurisdiction in the U.S.C. 15301 et seq.), as amended.’’. Constitution intended. Furthermore, passage district of the Member of the House of Rep- The CHAIRMAN. No amendment to of H.R. 841 sends a strong message to terror- resentatives whose seat has been announced to the committee amendment is in order

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.017 H03PT1 H960 CONGRESSIONAL RECORD — HOUSE March 3, 2005 except those printed or considered as This amendment also addresses the Many of us gathered at the Capitol printed in House Report 109–10. Each concerns of those who felt that too lit- on that fateful day; we gathered on the amendment may be offered only in the tle time was provided for conducting steps to back up our leadership. The order printed or considered as printed expedited special elections. It marks purpose was to send a message to the in the report, by a Member designated, yet another step the majority has been American people. Representative BAR- shall be considered read, shall be de- willing to take to accommodate some RETT and I realized, once a very short batable for the time specified, equally concerns that have been raised by the message had been given by our leaders, divided and controlled by the pro- minority. that the message was not adequate ponent and an opponent of the amend- Last Congress, Doug Lewis, executive enough. And let me note that on that ment, shall not be subject to amend- director of the Election Center, a non- day, that time of crisis when we were ment and shall not be subject to a de- profit organization representing State all in confusion, standing on the Cap- mand for division of the question. and local election officials whose pur- itol about ready to break up, Rep- It is now in order to consider the pose is to promote, preserve and im- resentative BARRETT and I looked at amendment considered to be the first prove democracy, testified before our each other in our eyes and said this is amendment printed in House Report committee that it appears that elec- not enough. We are going to start sing- 109–10. tions administrators feel they can con- ing God bless America right now. And AMENDMENT OFFERED BY MR. NEY duct an election within as few as 45 it was Representative BARRETT and Mr. NEY. Mr. Chairman, I offer the days. He had varied opinions on how myself that started leading that sing- manager’s amendment. long, frankly, this process could take. ing and were joined in by our col- The CHAIRMAN. The Clerk will des- He pointed out, however, that any ad- leagues. ignate the amendment. ditional days would enable election of- Let me note that that was the mes- The text of the amendment is as fol- ficials to better prepare for the elec- sage the American people needed to lows: tion and ensure that the process went hear of unity and God bless America at forward as smoothly as possible. this time. Amendment made in order pursuant to When operating under a tight time Let us today do what is needed for House Resolution 125 offered by Mr. NEY: In section 26(b)(2) of the Revised Statutes frame, any additional time can make a the American people at the time of the of the United States, as proposed to be added difference in the quality of the process. next crisis. What is happening is we are by the bill, strike ‘‘45 days’’ and insert ‘‘49 Thus I believe this amendment enables being offered an alternative that will days’’. us to better strike the proper balance leave them in the lurch, leave them The CHAIRMAN. Pursuant to House between the demand to fill House va- wanting at the time of maximum cri- Resolution 125, the gentleman from cancies through special elections in as sis. If we do believe in God bless Amer- Ohio (Mr. NEY) and a Member opposed short a time frame as possible and the ica, let us join in now with the partisan each will control 5 minutes. need for election officials and the vot- flavor of this debate and do what is The Chair recognizes the gentleman ing public to have the necessary time right to make sure our people are pre- from Ohio (Mr. NEY). to get ready for elections and to exam- pared if our country is ever attacked Mr. NEY. Mr. Chairman, I yield my- ine the candidates and the issues. like this again. self such time as I may consume. It is a good important piece of legis- Mr. Chairman, I yield the balance of I rise today to offer this manager’s lation. And I want to thank the gen- my time to the gentleman from Wash- amendment, but first I want to thank tleman from Wisconsin (Chairman SEN- ington (Mr. BAIRD). the gentlewoman from Michigan (Mrs. SENBRENNER) for carrying this through. Mr. BAIRD. Mr. Chairman, I want to thank my good friend from California MILLER). She is our able new com- And it preserves the fundamental char- mittee member. We are so pleased to acter of the House as a body consisting (Mr. ROHRABACHER). I will always re- have the gentlewoman on the Com- of only elected Members and allows for member that day, as we all will. His mittee on House Administration and reconstitution of that body as quickly point is well taken. I understand there is good intent be- thank her for managing this bill. as possible if we ever face these ter- hind the bill before us today and the She is a former Secretary of State. rible circumstances which we hope do amendment, but it is not enough. It She brings a wealth of knowledge and not happen. Therefore, I urge my col- simply is not. It leaves our country personal experience regarding running leagues to support this amendment and vulnerable for 45 days and that is too elections to this debate. And of course the bill. Mr. Chairman, I reserve the balance long. House Administration does a wide vari- of my time. The distinguished chairman of the ety of things, but we also oversee Fed- Mr. ROHRABACHER. I claim the Committee on the Judiciary made eral election laws, so we appreciate her time for the opposition. some comments recently that sug- carrying this bill through, and also her The CHAIRMAN. The gentleman gested that somehow terrorists would perspectives on it. from California is recognized for 5 min- oppose this bill and by some implica- And it is a pleasure to be here with utes. tion would favor the bill the gentleman the gentlewoman from California (Ms. Mr. ROHRABACHER. Mr. Chairman, from California (Mr. ROHRABACHER) and MILLENDER-MCDONALD), our new rank- I yield myself such time as I may con- I have put forward because it seems to ing member. And again, we like the sume. I oppose this amendment be- support their autocratic views of gov- working relationship we have had on cause it does not correct the funda- ernment. Nothing could be further the issues. mental flaw of H.R. 841, which is leav- from the truth. Mr. Chairman, H.R. 841, the Con- ing the United States of America at a In fact, what our bill would do is tell tinuity in Representation Act of 2005 is time of its worst crisis, its worst po- the terrorists, you could come on a sin- an important piece of legislation that tential crisis that you can imagine, it gle day and set off a nuclear weapon in furthers the vital objective of ensuring leaves the American people in the this town and kill every single Member that the people’s House would continue lurch, leaves them without representa- of us; and though we would be missed, to function effectively and with legit- tive government and without represen- the very next day the Congress would imacy in the event of a catastrophic tation in the Congress for 7 weeks. Ac- be up and functioning with every single terrorist attack in which a large num- cording to this amendment, there will State, every single district having full ber of House Members would be killed. be no representation for the American representation by statesmen and This amendment I am introducing people at a time when our government stateswomen at a time of national cri- today would extend the time frame for needs leadership. sis. holding expedited special elections On 9/11 we lived through a crisis That is what the gentleman from from 45 days to 49 days. The addition of which at times seemed bizarre and even California (Mr. ROHRABACHER) and I are the extra days would provide addi- surreal. Many otherwise competent trying to do. We are trying to tell the tional time for State and local election leaders were in a state of shock and at terrorists, you can kill all of us as indi- officials to prepare for expedited spe- that moment, on 9/11, did not nec- viduals, but you will not defeat this in- cial elections and for the voting public essarily know or were incapable of stitution. You will not defeat the prin- to make informed choices. doing exactly what the right thing was. ciple of representation. You will not

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.032 H03PT1 March 3, 2005 CONGRESSIONAL RECORD — HOUSE H961 defeat the principles of checks and bal- In section 26(b)(2) of the Revised Statutes not a magic bullet any more than 49 ances. You will not impose martial of the United States, as proposed to be added days is; but experience as well as dec- law. by the bill, strike ‘‘shall take place’’ and all ades spent as candidates running for Here is the irony. If terrorists hit us that follows through ‘‘the vacancy exists,’’ public office teaches us to err on the and insert the following: ‘‘shall take place today when we finally vote on this, let not later than 60 days after the Speaker of side of flexibility, especially at a time us suppose a few Democrats do not the House of Representatives announces that of potential national crisis. make it over here. You are leaving this the vacancy exists,’’. b 1215 country vulnerable to change in power. The CHAIRMAN. Pursuant to House If the terrorists were to strike your This amendment is an effort to find Resolution 125, the gentlewoman from common ground after the House re- conference retreat where the President California (Ms. MILLENDER-MCDONALD) speaks to the Republican House and jected a 75-day time frame offered last and a Member opposed each will con- year by the gentleman from Con- Senate Members and kill hundreds of trol 15 minutes. necticut (Mr. LARSON). My 60-day House and Senate Members on the Re- The Chair recognizes the gentle- amendment also conforms to the rec- publican side, the Democrats at that woman from California (Ms. ommendations of the Election Center, point claim the majority. The Demo- MILLENDER-MCDONALD). which represents the Nation’s voting crats at that point elect a Speaker of Ms. MILLENDER-MCDONALD. Mr. registration and election officials and the House. I am a Democrat, for good- Chairman, I yield myself 5 minutes. administrators at the city, township, ness sakes; but that is not the way to Mr. Chairman, this compromise county and State levels. Proponents leave our country vulnerable. amendment would change the overall seeking a truncated time frame for this You are leaving your own party, you deadline to conduct expedited special legislation have often, misleadingly, are leaving the will of the people elections under extraordinary cir- cited Doug Williams, Executive Direc- through their elections vulnerable. If cumstances to 60 days instead of the 49 tor of the Election Center, which, once we have temporary replacements, you which we just voted on. again, represents the Nation’s voting immediately reconstitute the House; I urge Members to support 60 days be- registration and election officials and you immediately ensure representa- cause it is a more practical and real- administrators at the city, township, tion; you assure that you maintain the istic deadline, places less burden on the and State levels, but he has not en- balance of political power; and you do States, and still accomplishes the bill’s dorsed this bill, and he has said that 45 it in an orderly, structured way with goals to expedite special elections in a days is still too short and that a time no chaos, in a way that is constitu- large number of States. frame closer to 60 days would provide tionally valid by definition. A 60-day deadline would allow more States a greater assurance of success. What you have proposed is not nec- time for States to attempt to imple- State and local election officials at essarily constitutionally valid. It ment the election law restructuring, election process forums over the last 2 leaves the terrorists able to change our whatever that might be, and require to years have raised questions about the system of government. It depends on a comply with the bill’s goals. time frame as well. fantasy immediate or quick election. It It would also allow some States more In testimony prepared before the does not allow really qualified people options if they wish to preserve their Committee on House Administration necessarily to get here and act in time. primary elections which at the insist- on September 19, 2003, Mr. LEWIS There are so many things you have left ence of the minority are no longer ex- framed the debate as follows: ‘‘What is undone. plicitly prohibited by this version of an election? Is it a date-certain event You are going to try to say that at the legislation. But while primaries so that voters can vote? Or is it more the start of this year we have solved may no longer be barred, 49 days to than that? Is an election in American this problem; let us go home. hold both a primary and a special elec- democracy really a process that in- You have not solved the problem, and tion is still a high bar to meet. cludes time for the identification of it is a doggone disgrace, and it is a dan- Mr. Chairman, I would like to read candidates, the ability of candidates to ger to this country. from a letter that was presented by mount a campaign, to raise funds, to The other day a gentleman testified Kevin Kennedy, the executive director attract supporters, to inform the vot- before the Committee on the Budget to the State Elections Board of Wis- ers of what their choices are between and said this: ‘‘The lack of preparation consin, the State which the author of the individual contestants, and then for continuity, for true continuity in- the bill comes from. And he states in going to the polls to make that choice? vites attack.’’ portions of the letter: ‘‘62 days is the The point is this: If it is only an event, You are inviting attack. Not pre- minimum time necessary to ensure then we can structure an event in a venting attack. proper mechanical operation of an ex- short time frame and carry out the The CHAIRMAN. The gentleman pedited special election, consistent event as flawlessly as possible. If, how- from Ohio (Mr. NEY) has 2 minutes re- with democratic integrity, and offering ever, you define it in the broadest pos- maining. of all voters the opportunity of a mean- sible terms, then you have to allow the Mr. NEY. Mr. Chairman, I yield back ingful opportunity to vote.’’ process time to work.’’ the balance of my time. This is what I am speaking about in Mr. Chairman, I agree that elections The CHAIRMAN. The question is on my amendment. The principle 49 days are a process which implement democ- the amendment offered by the gen- is really not enough time; and so, racy. tleman from Ohio (Mr. NEY). therefore, the bill is really flawed be- Mr. Chairman, I reserve the balance The amendment was agreed to. cause it decrees that the elections will of my time. The CHAIRMAN. It is now in order to occur 49 days after the Speaker’s an- Mrs. MILLER of Michigan. Mr. consider amendment number 1 printed nouncement. But having said that, Chairman, I rise in opposition to the in House Report 109–10 or the amend- what would happen next? amendment, and I yield myself such ment made in order in lieu thereof. How States which would have to re- time as I may consume. AMENDMENT OFFERED BY MS. MILLENDER- duce their preexisting time frame for Mr. Chairman, the amendment pro- MCDONALD special elections could actually accom- posed by the gentlewoman from Cali- Ms. MILLENDER-MCDONALD. Mr. plish this is the great unknown. Would fornia, while certainly a very well-in- Chairman, I offer an amendment in lieu it require States’ enactments, States’ tentioned amendment, is completely of amendment No. 1. constitutional amendments, popular unnecessary and, I believe, would se- The CHAIRMAN. The Clerk will des- referenda in some States? verely weaken this bill. ignate the amendment. I do not know the answers and the While this amendment would only in- The text of the amendment is as fol- bill’s sponsors surely do not know the crease the time limit in which to con- lows: answers. But 60 days at least provides duct the special election by 11 days, Amendment made in order pursuant to H. some additional flexibility in the hands more than the limit provided for in Res. 125 in lieu of amendment No. 1 printed of the decision-makers who must grap- H.R. 841, it would weaken the power of in House Report 109–10 offered by Ms. ple with the jig-saw puzzle of demands Congress in a significant way. Accord- MILLENDER-MCDONALD: the bill places upon them. Sixty days is ing to the War Powers Act, when the

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.035 H03PT1 H962 CONGRESSIONAL RECORD — HOUSE March 3, 2005 President has put our Armed Forces eliminate confusion amongst poll lot process itself can be very cum- into action, Congress must act within workers and further ease election prep- bersome, and I can guarantee you that 60 days to either approve or to dis- aration. very potentially the elderly, people approve the use of those troops. Fol- Finally, Mr. Chairman, some States with disabilities, and most especially, lowing an attack in which over 100 already prescribe that special elections our men and women in uniform who Members of Congress have been killed, be conducted in a period of time even are overseas would potentially be it is quite likely that a military re- shorter than this. The gentleman from disenfranchised by this shortened time sponse would be required. Wisconsin (Mr. SENSENBRENNER) men- frame. If Congress is not reconstituted with- tioned the Virginia experience; Min- Now, at a time when our Nation in this 60-day period, it would lose its nesota, I believe, requires a 30- or 35- would be looking to its government for ability to either affirm or disapprove of day limit as well. All of this goes to answers, it will instead face confusion the executive’s use of military actions prove that the amendment is com- and uncertainty about how its leaders and, thus, the power of the legislative pletely unnecessary. The only thing are elected. Mr. Chairman, it would branch would be diminished. The that this amendment would effectively seem to me to be reasonable to support amendment by the gentlewoman would do is extend the time period for which the gentlewoman’s amendment to ex- prevent Congress from acting in this some parts of the Nation would not be tend the time period to 60 days. At the situation. H.R. 841, as it stands, would represented in this body, in the United very least, if we are going to do this, I allow for Congress to reconstitute and States House of Representatives. And believe we need to do it the right way, to act on such an important matter. there is never a good reason to do that, and this would allow us the extra time Another argument against this Mr. Chairman. we would need. amendment, Mr. Chairman, is that While it is true that State and local But, Mr. Chairman, my colleague the while it is not only dangerous, again it officials must have sufficient time to gentleman from California (Mr. ROHR- is completely unnecessary. A survey of conduct elections, it is imperative that ABACHER) really said it right. Whether election officials, as I mentioned ear- they be completed as quickly as pos- it is 49 days or the 60 days, it is really lier, shows that 49 days is a reasonable sible so that there is some semblance both too long and too short. Even if we period of time in which to conduct a of continuity in representation. There were able to hold special elections special election. And as a former chief should not be any unnecessary delay to within the 49 days, that would still be elections officer of the State of Michi- this process. too long for Congress to remain inac- gan, I agree with that assessment. As Mr. Chairman, I reserve the balance tive. I want to remind everyone that in the legislation currently stands, States of my time. the 6 weeks after the attacks of Sep- would have the option, and let me reit- Ms. MILLENDER-MCDONALD. Mr. tember 11, Congress passed legislation erate again, the States have the option Chairman, I yield 4 minutes to the gen- authorizing the use of military force, of eliminating the primary election tleman from Rhode Island (Mr. an airline assistance measure, an eco- and permitting political parties recog- LANGEVIN), a former Secretary of nomic stimulus bill, the Defense Au- nized by State law to choose those can- State. thorization Act, numerous appropria- didates. (Mr. LANGEVIN asked and was given tion bills, the farm bill, legislation per- In turn, this would eliminate the pe- permission to revise and extend his re- taining to bioterrorism, victims assist- tition requirements, and the verifi- marks.) ance, and terrorism financing. cation process that accompanies it. Ad- Mr. LANGEVIN. Mr. Chairman, I H.R. 841 would leave important deci- ditionally, it is again very important thank the gentlewoman for yielding me sions to a greatly diminished and pos- to remember that the U.S. Representa- this time. sibly unrepresentative House. Worse, in tive position would really be the only I rise today in opposition to this leg- the case of widespread incapacitation, race on the ballot. Again, dramatically islation and am disappointed we are the House would be unable to achieve a easy printing, programming, and test- taking up this measure again when we quorum and become inoperative during ing. should be debating this issue in a more a time of crisis. A recent change in Furthermore, Mr. Chairman, the pas- thoughtful and comprehensive manner. House rules tried to circumvent this sage of the Help America Vote Act of Many of my colleagues, including the problem by creating a provisional 2002, HAVA, as it is commonly called, gentleman from Washington (Mr. quorum, which would permit a smaller has helped prepare election officials BAIRD), the gentleman from California number of Members to constitute a more than ever to conduct such a spe- (Mr. COX), the gentleman from Ohio quorum in emergency circumstances. cial election. HAVA is granting Fed- (Mr. NEY) and the gentlewoman from However, one must question the con- eral dollars to the States in historic California (Ms. MILLENDER-MCDONALD) stitutionality and public support of proportions, dollars that are being used have tried to encourage dialogue on laws that would be passed by a handful to eliminate antiquated election equip- this matter, but this bill simply does of Members during a time of national ment, and the States are purchasing not address many of the concerns crisis. new state-of-the-art equipment. States raised by Members and outside experts The House is attempting to address have either constructed or are moving during the last 31⁄2 years. this complex issue over congressional towards construction of statewide, If under H.R. 841 the House experi- continuity, Mr. Chairman, by passing computerized voter registration files, enced the deaths of more than 100 feel-good legislation and tweaking our similar, as I mentioned, to the one we Members, the Speaker could direct internal rules. But I am disappointed built in Michigan several years ago. States to conduct special elections now that H.R. 841 does not take a com- Technology is allowing these lists to within 49 days. Well, Mr. Chairman, I prehensive approach to continuity nor be updated literally daily, so that a am sure that the authors of this legis- does it address a priority of mine, de- clean up-to-date file can be printed out lation had all the good intentions in ciding how Congress could commu- any date of the year and provided to the world, but unfortunately we find in nicate and function if terrorist acts every polling site. Again, a fantastic the real world, in practice, it does not prevented it from meeting in one loca- election tool for any election, but par- always work out as we had intended. tion. ticularly so in this case for an expe- As a former Secretary of State, I have Mr. Chairman, these matters warrant dited election. run numerous elections, and I can tell greater discussion than the limited bill Also, States are rapidly moving to- you that the 49-day limit would con- before us, and I urge my colleagues to wards a uniform system of voting ma- strain election officials’ ability to pre- oppose H.R. 841 so that we can have the chines. Uniformity of election equip- pare ballots, train poll workers, select full debate that this Congress and our ment in a State will enable vendors to polling locations, and inform the vot- Nation deserves. always have a camera-ready template ing public about the process. Mrs. MILLER of Michigan. Mr. on the ballot, and then all they have to Mr. Chairman, make no mistake Chairman, I yield 4 minutes to the gen- do is just fill in the name of the nomi- about it, under this limited time tleman from Wisconsin (Mr. SENSEN- nees for U.S. Representative and go to frame, there would be voters who BRENNER), the distinguished chairman print. Having a uniform system will would be disenfranchised. The mail bal- of the Committee on the Judiciary,

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.039 H03PT1 March 3, 2005 CONGRESSIONAL RECORD — HOUSE H963 who has been a driving force in bring- The CHAIRMAN. The gentlewoman from Wisconsin (Chairman SENSEN- ing this legislation to the floor today. from California has 6 minutes remain- BRENNER) said, was defeated, but could Mr. SENSENBRENNER. Mr. Chair- ing. be considered in the light of under- man, I would like to make three Ms. MILLENDER-MCDONALD. Mr. standing how elections actually work points. Chairman, I yield 4 minutes to the gen- in that there needs to be a time line to First, under the 60-day time frame tleman from Ohio (Mr. BROWN), who is get candidates on the ballots, to get proposed by the gentlewoman’s amend- also a former Secretary of State. the ballots printed, to get them sent to ment, the time under the War Powers b 1230 the Armed Forces around the world, Act for Congress to make a decision and get those ballots back in time for following an attack will have expired Mr. BROWN of Ohio. Mr. Chairman, I an election. and, consequently, less than the full thank the gentlewoman for yielding me The Baird proposal would allow House will make the important deci- this time. States to appoint temporary replace- sions relative to under what cir- I rise in support of the Millender- ments for deceased or incapacitated cumstances American troops will be McDonald amendment and to express Representatives. States could then committed overseas. Under the 49-day concern for the underlying bill. I am conduct special elections to elect per- time limit, that problem will not exist glad we are considering legislation that manent Representatives according to because the House will be reconstituted would address what should be done in State laws. and repopulated before the War Powers the event of a large-scale incapacita- I support the Millender-McDonald Act limitation expires. tion of Congress. It obviously makes amendment because appointing the Secondly, the purpose of this bill is sense to do that. It is more essential process, if we could do that down the to require special elections to be held than ever in a time of national emer- line, and I understand that is not on in those States with slower special gency that democracy be preserved. the table today, but to do them in 45 or election processes, to be held as quick- Our Constitution established the 49 days simply is not practical, and too ly as possible within the 49-day period. House of Representatives to provide di- many people will be denied the right to The gentlewoman from California has rectly elected representation in the vote. read parts of the letter that Mr. Ken- event of a catastrophe that must be re- We want to do this right. We want to nedy, who is the Executive Director of stored as quickly as possible. We have refill, if you will, the House of Rep- the Wisconsin Elections Board has heard sort of grand, philosophical resentatives as quickly as possible, but written. I would respond to that simply statements of our allegiance to democ- we want to do it in the most demo- by saying if Virginia repopulates the racy on the floor of this House; but at cratic way possible, and ultimately House, or its delegation to the House the same time, we need to be practical that means giving the election machin- within 12 days and it takes at least 62 about what actually can work in a ery time so that everyone, especially days for Wisconsin to do so, 50 days time of national crisis. our servicemen and -women overseas, will elapse, or almost 2 months will I think my friends on the other side so that everyone has access to the bal- elapse while Wisconsin has either a re- of the aisle have glossed over the prob- lots. I think the underlying bill does duced or no delegation in the House, lems that especially military voters, not do that. I think the Millender- but the House keeps on legislating. the elderly, others who do not have ac- McDonald amendment makes this bill And that is not fair to the people of my cess on an election day to the polls, the work much better than it does other- State, and it is not fair to the people of kind of problems that they would face. wise. I ask support for the Millender- the other States, including the gentle- I was Secretary of State in the 1980s McDonald amendment. woman from California’s own State for 8 years in the State of Ohio, a large Mrs. MILLER of Michigan. Mr. that have relatively slow special elec- State with several million registered Chairman, I yield myself the balance of tion procedures. voters, a State that has always had a So that is why this bill is here, is to my time. tradition of bipartisan elections con- As I have listened to the debate, I speed up the process by which States ducted fairly. The year of 2004 may can fill up their delegations to the feel more strongly than ever that this have been different where the election amendment would severely weaken the House so that they will be fully rep- machinery frankly was not so well ad- resented when important decisions are impact of H.R. 841. I urge my col- ministered as it had been in the past by made. And should this bill go down and leagues to reject the Millender-McDon- Secretaries of State of both parties. the slow States continue to be really ald amendment. That aside, I have serious concerns as a slow, then their delegations will either Mr. Chairman, I yield back the bal- former Secretary of State about the be nonexistent or have a relatively few ance of my time. legislation we are considering today. number of Members. Ms. MILLENDER-MCDONALD. Mr. Now, the final point I would like to Forty-nine days establishes an unreal- Chairman, I yield myself the balance of make is that we have heard everybody istic time frame for holding legitimate, my time. who is against this bill say that this is fair elections where people have access In this book we have, the first ‘‘Re- too fast and too slow. Well, to speed up to the polling booth. port of the Continuity of Government the process of repopulating the House, In a national emergency, Congress Commission,’’ in that it outlined an quicker than when special elections must be able to provide immediate re- election in Michigan, Michigan’s Third can be held, will require a constitu- lief, and this legislation would allow Congressional District where the va- tional amendment. We did debate a the country to elect representation for cancy occurred in 1993, and the time constitutional amendment and it was those 6 or 7 weeks. You cannot, I be- that was allotted for that election was defeated by a vote of 63 ayes to 350-plus lieve, hold fair elections, accessible 178 days, which brought us the distin- noes. This House is firmly on record elections, in 49 days. The process sim- guished gentleman from Michigan (Mr. against an appointment procedure how- ply takes longer than that. Again, EHLERS) who is part of our committee. ever it is done. military voters, people far away out- Mr. Chairman, in returning to the So now we have to figure out how to side the country, in uniform serving testimony of Mr. Doug Lewis, execu- make the special election procedure our country, elderly voters who do not tive director of Election Center, after occur as quickly as possible and yet have access to the polls, the most vul- polling election officials from around maintain fairness. The 49 days required nerable among us, in many ways, that the country, he summarized the re- under this bill is the way to do it to get cannot simply do that. sults: ‘‘While the responses indicated a people here to make important deci- There are alternatives, and I want to variety of dates ranging from the sions under the War Powers Act. Sixty answer the concerns of the gentleman shortest time period of 35 days after de- days or a longer period of time simply from Wisconsin (Chairman SENSEN- termination of who the candidates will will not cut it. Defeat the amendment BRENNER). There are alternatives that be to a period of 4 months, it appears and pass the bill. would create immediate representation that election administrators feel that Ms. MILLENDER-MCDONALD. Mr. while providing a framework for States they can conduct an election with as Chairman, how much time do I have re- to conduct elections. I supported legis- few as 45 days. However, the election maining? lation last year that, as the gentleman officials would be far more confident

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.041 H03PT1 H964 CONGRESSIONAL RECORD — HOUSE March 3, 2005 that the interest of democracy would gentleman allow that to move forward Mr. Chairman, the gravity of the matter of be best served by having up to 60 days by unanimous consent? If the gen- reconstituting the House of Representatives in to get the elections organized and held. tleman would answer with just a yes or the face of catastrophe requires the fullest de- Each additional day beyond the 45 day no whether we would be able to move bate possible. However, due to the fact that a minimum time frame creates greater forward with this substitute, I would be structured rule was reported out of Committee, confidence in the process.’’ delighted to work with the chairman. this body is relegated to saving this severely Mr. Chairman, I prefer to come down Mr. SENSENBRENNER. Mr. Chair- flawed legislation by way of the only two on the side of the interest of democ- man, will the gentlewoman yield? amendments made in order last Tuesday— racy, and my instincts after campaigns Ms. JACKSON-LEE of Texas. I yield those of my colleague, the distinguished for local, State, and Federal office tell to the gentleman from Wisconsin. Ranking Member of the House Administration me 49 days is simply too short. Mr. SENSENBRENNER. Mr. Chair- Committee and the Jackson-Lee Amendment. Mr. Chairman, I yield back the bal- man, I appreciate the gentlewoman The Jackson-Lee Amendment has three es- ance of my time. yielding. sential components which propose to preserve The CHAIRMAN. The question is on The membership has been preparing the rights of the States, the voters, and of the the amendment offered by the gentle- for the debate on this bill with the spirit of democracy: amendment made in order under the woman from California (Ms. The first portion of this amendment, Jack- rule. The gentlewoman now wants to MILLENDER-MCDONALD). son-Lee #1, reads as follows: submit a new amendment. I do not The question was taken; and the In section 26(b)(4)(B)(i) of the Revised Stat- think that is fair to the membership Chairman announced that the noes ap- utes of the United States, as proposed to be who have prepared debate on the bill; peared to have it. added by the bill, strike ‘‘2 days’’ and insert so the answer is no. ‘‘5 days.’’ Ms. MILLENDER-MCDONALD. Mr. Ms. JACKSON-LEE of Texas. Re- This change would amend the section of the Chairman, I demand a recorded vote. claiming my time, I think they would The CHAIRMAN. Pursuant to clause bill that deals with the time in which a per- have followed the gentleman’s lead, but son(s) may file a lawsuit arising out of the 6 of rule XVIII, further proceedings on I thank the gentleman very much. the amendment offered by the gentle- Speaker of the House’s announcement of va- Let me move forward with the cancies in the House of Representatives in ex- woman from California (Ms. amendment before us. This is my very MILLENDER-MCDONALD) will be post- cess of 100. This change would amend para- point. I encourage my colleagues, both graph (4), subparagraph (B)(i) and expand the poned. Republicans and Democrats, to look It is now in order to consider amend- ability of an aggrieved party to file suit for ei- very carefully at the Jackson-Lee ther declaratory or injunctive party to file suit ment No. 2 printed in House Report amendment, and I ask for their sup- 109–10. for either declaratory or injunctive relief from port. just two (2) days to five (5) days. AMENDMENT NO. 2 OFFERED BY MS. JACKSON- This is the problem we have here Because not every State has a Capital Belt- LEE OF TEXAS today, and that is the continuity and way or even a superhighway system, and be- Ms. JACKSON-LEE of Texas. Mr. the preservation of this historic and cause information travels at a different rate in Chairman, I offer an amendment. honorable institution, the Members of every location, it is important that we establish The CHAIRMAN. The Clerk will des- the United States Congress, really a fair standard for a filing rule that affects ignate the amendment. should be a bipartisan process. I am every State in the country. The principle of The text of the amendment is as fol- disappointed we are not, even in time procedural due process dictates that every cit- lows: of death and tragedy, terrorism, that izen of each State have a realistic opportunity we cannot find in our hearts and in our Amendment No. 2 offered Ms. JACKSON-LEE to obtain legal relief through our Judicial of Texas: intellectual minds the ability to be col- Branch. In section 26(b)(4)(B)(i) of the Revised Stat- legial and to work in an very informed utes of the United States, as proposed to be The second portion of this proposal speaks and thoughtful way. even more to the issue of due process for all added by the bill, strike ‘‘2 days’’ and insert This particular amendment is very citizens. Its text reads as follows: ‘‘5 days’’. succinct, and I ask my colleagues to In section 26(b)(4)(B)(iii) of the Revised In section 26(b)(4)(B)(iii) of the Revised give it considerable thought and vote Statutes of the United States, as proposed to Statues of the United States, as proposed to be added by the bill, insert after ‘‘the ac- for it. One, the amendment has the ex- be added by the bill, insert after ‘‘the ac- tion’’ the following: ‘‘(taking into account pansion of the ability of an aggrieved tion’’ the following: ‘‘(taking into account an opportunity for an expedited appeal of the party to file suit for either declaratory an opportunity for an expedited appeal of the initial decision)’’. or injunctive relief from just 2 days to initial decision).’’. In section 26(b)(4)(B)(iv) of the Revised 5 days. This is a question to answer the Because the 45-day deadline for special Statutes of the United States, as proposed to needs of the Secretaries of State and State elections already places significant con- be added by the bill, insert after ‘‘vacant’’ the States that when this crisis occurs, straints on the electoral process and on the the following: ‘‘and any citizen of the dis- that all of them have the procedures in trict or any group of citizens of the State’’. citizens represented due to its brevity, taking place to be able to fulfill our demo- away the right to an appeal from the U.S. Dis- The CHAIRMAN. Pursuant to House cratic calling. trict Court would excessively curtail the proce- Resolution 125, the gentlewoman from This is not a constitutional amend- dural due process rights enjoyed by citizens. Texas (Ms. JACKSON-LEE) and the gen- ment. I wish it were. But since we are Given that the time in which a Federal judge tleman from Wisconsin (Mr. SENSEN- doing this by statute, why not give the has to compose an order disposing of these BRENNER) each will control 5 minutes. opportunity for there to be enough matters is provided in this bill, an equally ex- The Chair recognizes the gentle- open view and transparency for this to peditious appeals process should be provided woman from Texas (Ms. JACKSON-LEE). occur? so as to maintain consistency with the U.S. Ms. JACKSON-LEE of Texas. Mr. Number 2 of this amendment is a pro- Constitution and the commitment to both the Chairman, I yield myself such time as vision for an expedited appeals process 5th and 14th Amendments. I may consume. to the United States District Court for Thirdly, the amendment reads as follows: Mr. Chairman, I want to inquire of matters rising out of the special elec- In section 26(b)(4)(B)(iv) of the Revised the distinguished gentleman from Wis- tion process because a 45-day deadline Statutes of the United States, as proposed to consin (Chairman SENSENBRENNER), I for special State election already be added by the bill, insert after ‘‘vacant’’ have an amendment in the nature of a places significant constraints on the the following: ‘‘any citizen of the district or substitute. In the spirit of collegiality, electoral process and on the citizens any group of citizens of the State.’’. I realize that we have a rule, but I represented due to its brevity, taking This proposal is very important to protect gained a sense that the Committee on away the right to an appeal to the U.S. the interests of all citizens in the various con- House Administration would be sup- District Court. This gives an expedited gressional districts in the midst of party politics portive of this substitute which would appeal. as well as the certification of classes in legal only allow an added 5 days for an ap- In addition, this provides for an ex- actions. As the bill is drafted, Section 2, para- peal from 2 days, less than a week. I pansion of the right to sue for declara- graph (4), subparagraph (iv) would confer the would inquire of the chairman of the tory judgment beyond the Governor, right to sue in the event of a vacancy an- Committee on the Judiciary, would the but to citizens and classes of citizens. nouncement by the Speaker of the House

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\K03MR7.043 H03PT1 March 3, 2005 CONGRESSIONAL RECORD — HOUSE H965 solely to the ‘‘executive authority,’’ in the case MILLENDER-MCDONALD), the ranking We have heard an awful lot saying, of Texas, the Governor. Such overly restrictive member of the Committee on House well, the time frame is just too com- language almost certainly threatens to deprive Administration. pact in order to run a fair election. the citizens of a right that they should enjoy in Ms. MILLENDER-MCDONALD. Mr. What the gentlewoman’s amendment the event that the Governor chooses not to Chairman, I rise in strong support of does is that it makes it more compact participate in a suit for declaratory or injunctive the Jackson-Lee amendment. A portion because every day and every week that relief pursuant to a vacancy announcement of the gentlewoman’s amendment seeks is spent tied up in the courts is going made by the Speaker of the House. In order to provide an expedited appeals process to be that much less time for the elec- to protect the rights of every person who truly to the United States District Court for tion machinery to operate. has an interest in a call for a special election matters arising out of the special elec- This is a question very simply of law- under this Act, this provision must be amend- tion process. We have been talking suits versus elections. If you want ed to allow citizens and classes of citizens to about this 44, 45, 49-day deadline for more lawsuits, vote yes. If you want a sue for relief. special State elections, and it already quicker and fairer election, vote no. I Mr. Chairman, I ask that my colleagues sup- places significant constraints on the urge a ‘‘no’’ vote. port the voters of each State, the framework of electoral process and on the citizens Mr. Chairman, I yield back the bal- the U.S. Constitution, and the spirit of democ- represented due to its brevity. ance of my time. racy by supporting the Jackson-Lee Amend- Taking away the right of an appeal The CHAIRMAN. The question is on ment. to United States District Court would the amendment offered by the gentle- Mr. Chairman, I reserve the balance excessively curtail the procedural due woman from Texas (Ms. JACKSON-LEE). of my time. process rights enjoyed by citizens. I The question was taken; and the Mr. SENSENBRENNER. Mr. Chair- support the gentlewoman’s amend- Chairman announced that the noes ap- man, I yield myself such time as I may ment. peared to have it. consume. Ms. JACKSON-LEE of Texas. Mr. Ms. JACKSON-LEE of Texas. Mr. Mr. Chairman, I urge the committee Chairman, I yield myself the balance of Chairman, I demand a recorded vote. to defeat this amendment, just as it did my time, and thank the gentlewoman The CHAIRMAN. Pursuant to clause last year when the gentlewoman from for her support. 6 of rule XVIII, further proceedings on Texas (Ms. JACKSON-LEE) brought it up. Again, the idea of this amendment, the amendment offered by the gentle- The issue is very simple. We want elec- in the judicial review aspect, one, there woman from Texas (Ms. JACKSON-LEE) tions. Her amendment wants lawsuits. is no definitive information about how will be postponed. The way she has phrased her amend- the information will be disseminated SEQUENTIAL VOTES POSTPONED IN COMMITTEE ment for the lawsuits is that anybody to our States and to citizens in a 2-day OF THE WHOLE can sue, not just the Governor, to de- period if crisis is occurring, if a ter- The CHAIRMAN. Pursuant to clause termine whether or not a vacancy ac- rorist act has occurred. My amendment 6 of rule XVIII, proceedings will now tually exists. And also, there is an ap- gives an additional 5 days to guarantee resume on those amendments on which peals process in the gentlewoman’s that that notice be given. further proceedings were postponed, in amendment that would allow the ap- In addition, the other aspects of the the following order: peals to be dragged out indefinitely. legislation provides for an expedited The amendment in lieu of amend- When there is a catastrophe that time frame. It does not in any way ment No. 1 offered by the gentlewoman wipes out a significant number of Mem- cause a sufficient delay that would not from California (Ms. MILLENDER- bers of the House, it is in the interest allow us to restore this body to its MCDONALD) and amendment No. 2 of- of the public to fill those vacancies as ability to do business on behalf of the fered by the gentlewoman from Texas quickly as possible through a fair elec- American people. Continuity, tragedy, (Ms. JACKSON-LEE). tion. We should not allow anybody to all equal bipartisanship. I would ask The Chair will reduce to 5 minutes tie up an election call in the courts for- my colleagues to look at this amend- the time for any electronic vote after ever and ever and ever simply because ment and all it does provide, the en- the first vote in this series. their candidate might not be in a prop- hanced due process. And I think we AMENDMENT OFFERED BY MS. MILLENDER- er position to win the election. would not want the terrorists to be- MCDONALD So let us have the people decide when lieve that because of a terrorist act The CHAIRMAN. The pending busi- these vacancies will be filled and who that we have lost our sense of judg- ness is the demand for a recorded vote will fill them. Let us not allow endless ment, the Constitution and due proc- on the amendment in lieu of amend- litigation at a time of national catas- ess. ment No. 1 offered by the gentlewoman trophe. Elections can bring people to- After 9/11, we went to New York to from California (Ms. MILLENDER- gether. They will result in new Rep- show that we are not afraid of the ter- MCDONALD) on which further pro- resentatives coming with mandates rorists. I believe we should show that ceedings were postponed and on which rather than having the frustration of we are not afraid of them by upholding the noes prevailed by voice vote. lawsuits that go on interminably. the Constitution and due process on be- The Clerk will redesignate the Mr. Chairman, I reserve the balance half of the American people. Vote for amendment. of my time. the Jackson-Lee amendment. I ask my The Clerk redesignated the amend- Ms. JACKSON-LEE of Texas. Mr. colleagues to vote for this amendment. ment. Chairman, do I have the right to close? Mr. Chairman, I yield back the bal- RECORDED VOTE The CHAIRMAN. The gentlewoman ance of my time. does not. Mr. SENSENBRENNER. Mr. Chair- The CHAIRMAN. A recorded vote has Ms. JACKSON-LEE of Texas. Mr. man, I yield myself the balance of my been demanded. Chairman, I yield myself 45 seconds. time. A recorded vote was ordered. Mr. Chairman, this is about chaos Mr. Chairman, the fatal flaw in this The vote was taken by electronic de- and confusion. There is no definition of amendment is it does not extend the 49 vice, and there were—ayes 192, noes 229, how the announcement will go out to days under which the election is re- not voting 12, as follows: the people beyond the beltway. A mere quired to be held under the provisions [Roll No. 49] extending from 2 days to 5 days to of this bill. AYES—192 make sure that Americans, even in cri- Abercrombie Berman Butterfield sis, have due process and democracy b 1245 Ackerman Berry Capps and justice is not too much to ask. I So the more time we spend in court, Allen Bishop (GA) Capuano Andrews Bishop (NY) Cardin would indulge and beg my colleagues to the less time the election officials have Baca Blumenauer Cardoza realize all this does is simply allow for to be able to organize the election, Baird Boren Carnahan the people of America in crisis to be print the ballots, mail the ballots to Baldwin Boswell Case represented and to be responded to. absentee voters at home and overseas Barrow Boucher Chandler Bean Boyd Clay Mr. Chairman, I yield 30 seconds to and get them back in time to be count- Becerra Brady (PA) Cleaver the gentlewoman from California (Ms. ed. Berkley Brown, Corrine Clyburn

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.010 H03PT1 H966 CONGRESSIONAL RECORD — HOUSE March 3, 2005 Conyers Kanjorski Rahall Linder Pearce Shays Cuellar Kilpatrick (MI) Rangel Cooper Kaptur Rangel LoBiondo Pence Sherwood Cummings Kind Reyes Costa Kennedy (RI) Reyes Lucas Peterson (PA) Shimkus Davis (AL) Kucinich Ross Costello Kildee Ross Lungren, Daniel Petri Shuster Davis (CA) Langevin Roybal-Allard Cramer Kilpatrick (MI) Roybal-Allard E. Pickering Simmons Davis (FL) Lantos Ruppersberger Crowley Kind Ruppersberger Mack Pitts Simpson Davis (IL) Larsen (WA) Rush Cummings Kucinich Rush Manzullo Platts Smith (NJ) DeFazio Larson (CT) Ryan (OH) Davis (AL) Langevin Ryan (OH) Marchant Poe Smith (TX) DeGette Lee Sabo Davis (CA) Lantos Sabo McCaul (TX) Pombo Sodrel Delahunt Levin Salazar McCotter Porter Souder Davis (FL) Larsen (WA) Salazar DeLauro Lipinski Sa´ nchez, Linda McCrery Portman Stearns Davis (IL) Larson (CT) Sa´ nchez, Linda Dicks Lofgren, Zoe T. Davis (TN) Lee McHenry Price (GA) Sullivan Dingell Lowey T. Sanders DeFazio Levin McHugh Pryce (OH) Sweeney Doggett Lynch Sanchez, Loretta Schakowsky DeGette Lipinski McKeon Putnam Tancredo Doyle Maloney Sanders Schiff Delahunt Lofgren, Zoe McMorris Radanovich Taylor (NC) Edwards Markey Schakowsky DeLauro Lowey Mica Ramstad Terry Emanuel Marshall Schwartz (PA) Schiff Dicks Lynch Michaud Regula Thomas Engel McCarthy Scott (GA) Dingell Maloney Schwartz (PA) Miller (FL) Rehberg Thornberry Etheridge McCollum (MN) Scott (VA) Doggett Markey Scott (GA) Miller (MI) Reichert Tiahrt Evans McDermott Serrano Doyle Marshall Scott (VA) Miller, Gary Renzi Tiberi Farr McGovern Sherman Edwards Matheson Serrano Moran (KS) Reynolds Turner Fattah McIntyre Skelton Emanuel McCarthy Sherman Murphy Rogers (AL) Upton Filner McKinney Slaughter Engel McCollum (MN) Skelton Musgrave Rogers (KY) Walden (OR) Frank (MA) Meehan Smith (WA) Eshoo McDermott Slaughter Myrick Rogers (MI) Walsh Gonzalez Meek (FL) Snyder Etheridge McGovern Smith (WA) Neugebauer Rohrabacher Wamp Gordon Melancon Solis Evans McIntyre Snyder Ney Ros-Lehtinen Weldon (FL) Green, Al Menendez Spratt Farr McKinney Solis Northup Royce Weldon (PA) Green, Gene Michaud Stark Fattah McNulty Spratt Norwood Ryan (WI) Weller Grijalva Millender- Strickland Filner Meehan Stark Nunes Ryun (KS) Westmoreland Gutierrez McDonald Stupak Frank (MA) Meek (FL) Strickland Nussle Saxton Whitfield Hastings (FL) Miller (NC) Tanner Gonzalez Melancon Stupak Osborne Schwarz (MI) Wicker Hefley Miller, George Tauscher Gordon Menendez Tanner Otter Sensenbrenner Wilson (NM) Higgins Mollohan Thompson (MS) Green, Al Millender- Tauscher Oxley Sessions Wilson (SC) Hinchey Moore (WI) Tierney Green, Gene McDonald Taylor (MS) Pascrell Shadegg Wolf Hinojosa Moran (VA) Towns Paul Shaw Young (FL) Grijalva Miller (NC) Thompson (CA) Holden Murtha Udall (CO) Gutierrez Miller, George Holt Nadler Thompson (MS) Udall (NM) Harman Mollohan NOT VOTING—12 Honda Neal (MA) Tierney Van Hollen Hastings (FL) Moore (KS) Brown (OH) Harris Meeks (NY) Hooley Oberstar Towns Vela´ zquez Hefley Moore (WI) Carson Inglis (SC) Napolitano Hoyer Obey Udall (CO) Visclosky Herseth Moran (VA) Cunningham Leach Rothman Inslee Olver Udall (NM) Wasserman Hinchey Murtha Ford Lewis (GA) Young (AK) Israel Ortiz Hinojosa Nadler Van Hollen Jackson (IL) Owens Schultz ´ Holden Neal (MA) Velazquez Jackson-Lee Pallone Waters Holt Oberstar Visclosky b 1314 (TX) Pascrell Watson Honda Obey Wasserman Mr. CUELLAR and Mr. BRADLEY of Jefferson Pastor Watt Hooley Olver Schultz Johnson, E. B. Payne Waxman Hoyer Ortiz Waters New Hampshire changed their vote Jones (OH) Pelosi Weiner Inslee Owens Watson from ‘‘aye’’ to ‘‘no.’’ Kanjorski Peterson (MN) Wexler Israel Pallone Watt Mr. DINGELL changed his vote from Kaptur Pomeroy Woolsey Jackson (IL) Pastor Waxman ‘‘no’’ to ‘‘aye.’’ Kennedy (RI) Price (NC) Wu Jackson-Lee Payne Weiner Kildee Rahall Wynn (TX) Pelosi Wexler So the amendment was rejected. Jefferson Peterson (MN) Woolsey The result of the vote was announced NOES—239 Johnson, E. B. Pomeroy Wu as above recorded. Jones (OH) Price (NC) Wynn Aderholt Crenshaw Hall AMENDMENT NO. 2 OFFERED BY MS. JACKSON- Akin Cubin Harman NOES—229 LEE OF TEXAS Alexander Culberson Hart Bachus Davis (KY) Hastings (WA) Aderholt Cox Granger The CHAIRMAN. The pending busi- Baker Davis (TN) Hayes Akin Crenshaw Graves ness is the demand for a recorded vote Barrett (SC) Davis, Jo Ann Hayworth Alexander Cubin Green (WI) on amendment No. 2 printed in House Bartlett (MD) Davis, Tom Hensarling Bachus Cuellar Gutknecht Barton (TX) Deal (GA) Herger Baker Culberson Hall Report 109–10 offered by the gentle- Bass DeLay Herseth Barrett (SC) Davis (KY) Hart woman from Texas (Ms. JACKSON-LEE) Beauprez Dent Hobson Bartlett (MD) Davis, Jo Ann Hastings (WA) on which further proceedings were Biggert Diaz-Balart, L. Hoekstra Barton (TX) Davis, Tom Hayes postponed and on which the noes pre- Bilirakis Diaz-Balart, M. Hostettler Bass Deal (GA) Hayworth Bishop (UT) Doolittle Hulshof Beauprez DeLay Hensarling vailed by voice vote. Blackburn Drake Hunter Biggert Dent Herger The Clerk will redesignate the Blunt Dreier Hyde Bilirakis Diaz-Balart, L. Higgins amendment. Boehlert Duncan Inglis (SC) Bishop (UT) Diaz-Balart, M. Hobson Boehner Ehlers Issa Blackburn Doolittle Hoekstra The Clerk redesignated the amend- Bonilla Emerson Istook Blunt Drake Hostettler ment. Bonner English (PA) Jenkins Boehlert Dreier Hulshof RECORDED VOTE Bono Eshoo Jindal Boehner Duncan Hunter Boozman Everett Johnson (CT) Bonilla Ehlers Hyde The CHAIRMAN. A recorded vote has Boren Feeney Johnson (IL) Bonner Emerson Issa been demanded. Boustany Ferguson Johnson, Sam Bono English (PA) Istook A recorded vote was ordered. Boyd Fitzpatrick (PA) Jones (NC) Boozman Everett Jenkins Bradley (NH) Flake Keller Boustany Feeney Jindal The CHAIRMAN. This will be a 5- Brady (TX) Foley Kelly Bradley (NH) Ferguson Johnson (CT) minute vote. Brown (SC) Forbes Kennedy (MN) Brady (TX) Fitzpatrick (PA) Johnson (IL) The vote was taken by electronic de- Brown-Waite, Fortenberry King (IA) Brown (SC) Flake Johnson, Sam vice, and there were—ayes 183, noes 239, Ginny Fossella King (NY) Brown-Waite, Foley Jones (NC) Burgess Foxx Kingston Ginny Forbes Keller not voting 11, as follows: Burton (IN) Franks (AZ) Kirk Burgess Fortenberry Kelly [Roll No. 50] Buyer Frelinghuysen Kline Burton (IN) Fossella Kennedy (MN) Calvert Gallegly Knollenberg Buyer Foxx King (IA) AYES—183 Camp Garrett (NJ) Kolbe Calvert Franks (AZ) King (NY) Abercrombie Berry Cardoza Cannon Gerlach Kuhl (NY) Camp Frelinghuysen Kingston Ackerman Bishop (GA) Carnahan Cantor Gibbons LaHood Cannon Gallegly Kirk Allen Bishop (NY) Chandler Capito Gilchrest Latham Cantor Garrett (NJ) Kline Andrews Blumenauer Clay Carter Gillmor LaTourette Capito Gerlach Knollenberg Baca Boswell Cleaver Case Gingrey Lewis (CA) Carter Gibbons Kolbe Baird Boucher Clyburn Castle Gohmert Lewis (KY) Castle Gilchrest Kuhl (NY) Baldwin Brady (PA) Conyers Chabot Goode Linder Chabot Gillmor LaHood Barrow Brown, Corrine Cooper Chocola Goodlatte LoBiondo Chocola Gingrey Latham Bean Butterfield Costa Coble Granger Lucas Coble Gohmert LaTourette Becerra Capps Costello Cole (OK) Graves Lungren, Daniel Cole (OK) Goode Lewis (CA) Berkley Capuano Cramer Conaway Green (WI) E. Conaway Goodlatte Lewis (KY) Berman Cardin Crowley Cox Gutknecht Mack

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.002 H03PT1 March 3, 2005 CONGRESSIONAL RECORD — HOUSE H967 Manzullo Pitts Simmons the President. Then another delegation having this full House seriously con- Marchant Platts Simpson comes in, et cetera. sider this. If we do not and we are not Matheson Poe Smith (NJ) McCaul (TX) Pombo Smith (TX) You are essentially leaving this fortunate, history will not look kindly McCotter Porter Sodrel country without a House of Represent- upon the jeopardy in which we have McCrery Portman Souder atives, without checks and balances, left this great Nation. McHenry Price (GA) Stearns without separation of powers, for at Vote no on this bill and insist on true McHugh Pryce (OH) Sullivan McKeon Putnam least 45 days, assuming an election can debate on true continuity of Congress Sweeney McMorris Radanovich Tancredo be held in 45 days and assuming that in a responsible way that protects the McNulty Ramstad the terrorists through an anthrax at- balance of power, assures real succes- Mica Regula Taylor (MS) Miller (FL) Rehberg Taylor (NC) tack, like they subjected this very Cap- sion to the presidency, and, most im- Miller (MI) Reichert Terry itol to, will not somehow undermine portantly, assures that your constitu- Miller, Gary Renzi Thomas that ability. ents will have representation at a time Moore (KS) Reynolds Thompson (CA) Moran (KS) Rogers (AL) Thornberry This is reality. We have seen the re- when our Nation may well go to nu- Murphy Rogers (KY) Tiahrt ality here. We saw those airplanes hit clear war, institute a draft, appropriate Musgrave Rogers (MI) Tiberi the buildings, we saw the anthrax, and trillions of dollars, suspend habeas cor- Myrick Rohrabacher Turner yet we are not truly acting to solve pus and impose marshal law. You do Neugebauer Ros-Lehtinen Upton Ney Royce Walden (OR) this. not want that. But if you stop at this Northup Ryan (WI) Walsh Mr. Chairman, I yield to my distin- bill, you leave this Nation vulnerable. Norwood Ryun (KS) Wamp guished friend, the gentleman from Mr. Chairman, if there is no one to Nunes Sanchez, Loretta Weldon (FL) California (Mr. ROHRABACHER). speak in opposition, I ask unanimous Nussle Saxton Weldon (PA) Osborne Mr. ROHRABACHER. Mr. Chairman, consent to withdraw my preferential Schwarz (MI) Weller Otter Sensenbrenner Westmoreland I am asking my fellow Republicans to motion. Oxley Sessions Whitfield please look at what we are about to do. The CHAIRMAN. Is there objection Paul Shadegg Pearce Shaw Wicker This solution that we are being offered to the request of the gentleman from Pence Shays Wilson (NM) will not work and will leave the Amer- Washington? Peterson (PA) Sherwood Wilson (SC) ican people vulnerable at a time of There was no objection. Wolf Petri Shimkus maximum crisis. Pickering Shuster Young (FL) b 1330 This is one of the most important NOT VOTING—11 votes that we are going to have. What The CHAIRMAN. There being no fur- Brown (OH) Harris Napolitano is going to happen in the future if we ther amendment, the question is on the Carson Leach Rothman put this solution in place and there is committee amendment in the nature of Cunningham Lewis (GA) Young (AK) a substitute, as amended. Ford Meeks (NY) a crisis? For 45 days after the death or incapacitation of these Members, we The committee amendment in the b 1325 will have no government. We will basi- nature of a substitute, as amended, was So the amendment was rejected. cally be left to marshal law or any- agreed to. The result of the vote was announced thing else. The CHAIRMAN. Accordingly, under as above recorded. There is an alternative. The people the rule, the Committee rises. PREFERENTIAL MOTION OFFERED BY MR. BAIRD who have written this bill basically Accordingly, the Committee rose; Mr. BAIRD. Mr. Chairman, I offer a have come up with a continuity of elec- and the Speaker pro tempore (Mr. preferential motion. tions instead of a continuity of Con- SHIMKUS) having assumed the chair, The Clerk read as follows: gress, and they have good motives, but Mr. LATOURETTE, Chairman of the Mr. BAIRD moves that the Committee do the fact is it will not work. It will cre- Committee of the Whole House on the now rise and report the bill H.R. 841 back to ate a huge crisis for America at the State of the Union, reported that that the House with the recommendation that the moment that it needs to have some- Committee, having had under consider- enacting clause be stricken. thing laid down for them, something ation the bill (H.R. 841) to require The CHAIRMAN. The Chair recog- solid on which to rely upon at a time of States to hold special elections to fill nizes the gentleman from Washington crisis. So, please look at this. vacancies in the House of Representa- (Mr. BAIRD) for 5 minutes in support of There is an alternative. We did not tives not later than 45 days after the his motion. have to do this by statute. We can do vacancy is announced by the Speaker Mr. BAIRD. Mr. Chairman, I rise to this by constitutional amendment. The of the House of Representatives in ex- make two fundamental points before gentleman from Washington (Mr. traordinary circumstances, and for we proceed to vote on this. The two BAIRD) and I have a constitutional other purposes, pursuant to House Res- points are these: This resolution does amendment which will do that. olution 125, he reported the bill back to not solve the real problem and it may So, again, let us not leave a void, the House with an amendment adopted create more problems than it purports which this bill does, for the future by the Committee of the Whole. to solve, and we have to understand Americans who will face the crisis of a The SPEAKER pro tempore. Under that. generation and leave them in the lurch. the rule, the previous question is or- It does not solve the problem for this Mr. BAIRD. Mr. Chairman, reclaim- dered. reason: By leaving us without a Con- ing my time, let me make two final Is a separate vote demanded on the gress for 45 days, we essentially impose points: One, the majority party must amendment to the committee amend- the opportunity for the executive understand this: If you are at a Repub- ment in the nature of a substitute branch to exert marshal law, and that lican Conference retreat and terrorists adopted by the Committee of the is not what the Framers of this coun- should strike you and kill the Presi- Whole? If not, the question is on the try had in mind. dent and Vice President and significant committee amendment in the nature of This bill, if we do not provide some numbers of your side of the aisle, the a substitute. mechanism for prompt replacement Democrats under your proposed law The committee amendment in the other than this bill, will leave this will obtain the majority, will elect a nature of a substitute was agreed to. country governed by an unelected exec- Speaker of the House, and that person The SPEAKER pro tempore. The utive, a cabinet member most likely will then become the President of the question is on engrossment and third who not a single American elected to United States of America. You are reading of the bill. that office. leaving this country vulnerable to The bill was ordered to be engrossed Furthermore, it has a host of prob- that. You must not do it. You must and read a third time, and was read the lems. It does not address the possi- not. third time. bility that one delegation will elect its This matter must be taken seriously. MOTION TO RECOMMIT OFFERED BY MR. CONYERS Representatives more promptly than It deserves full debate. Whether it is Mr. CONYERS. Mr. Speaker, I offer a another. They will come to this body, the proposal of the gentleman from motion to recommit. choose one of its members as Speaker. California (Mr. ROHRABACHER) and The SPEAKER pro tempore. Is the That person could move on to become mine or others, we should commit to gentleman opposed to the bill?

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.005 H03PT1 H968 CONGRESSIONAL RECORD — HOUSE March 3, 2005 Mr. CONYERS. I am, Mr. Speaker, in urbs. They used a formula based not on The SPEAKER pro tempore. The gen- its present form. the number of registered voters but on tlewoman from Michigan (Mrs. MIL- The SPEAKER pro tempore. The past turnout. In the Columbus area, LER) is recognized for 5 minutes. Clerk will report the motion to recom- the result was that suburban precincts Mrs. MILLER of Michigan. Mr. mit. that supported Mr. Bush tended to Speaker, I yield myself such time as I The Clerk read as follows: have more machines per registered may consume. Mr. CONYERS moves to recommit the bill voter than those in the inner-city pre- The language in the motion to re- H.R. 841 to the Committee on House Admin- cincts that supported Mr. KERRY. commit is very similar to the language istration with instructions to report the The Election Protection Coalition in the Help America Vote Act legisla- same back to the House forthwith with the testified that more than half the com- tion, HAVA, as it is commonly called, following amendment: plaints about the long lines they re- that legislation being H.R. 533. In fact, In section 26(b) of the Revised Statutes of ceived came from Columbus and Cleve- the United States, as proposed to be added the gentleman from Michigan (Mr. by the bill, insert after paragraph (5) the fol- land where a huge proportion of the CONYERS) is not the only Member who lowing new paragraph (and redesignate ac- State’s Democratic voters lived. has proposed comprehensive election cordingly): This should never happen again in an reform. A number of other bills have ‘‘(6) MINIMUM REQUIRED VOTING SYSTEMS election in our Nation. It is uncon- been introduced by Members on both AND POLL WORKERS IN POLLING PLACES USED IN scionable to stack the deck so that sides of the aisle proposing amend- SPECIAL ELECTIONS.—In carrying out special Americans are forced to wait in the ments to the HAVA bill. elections under this subsection, each State rain in line while others are given the The Committee on House Adminis- shall provide for the minimum required red carpet treatment. number of functioning and accurate voting tration has scheduled hearings on these Mr. Speaker, I yield such time as she issues, including in the State of Ohio I systems and poll workers required in each may consume to the gentlewoman from precinct used on the day of the election, would say, and we will be considering using a uniform and nondiscriminatory geo- California (Ms. WATERS). all of these bills in due course. graphic distribution of such systems and Ms. WATERS. Mr. Speaker, I appre- Today is not the time nor is it the workers based on a ratio of the number of ciate the gentleman from Michigan place to be debating election reform systems and workers per voter, taking into (Mr. CONYERS) for allowing me a mo- issues. We are here to provide for con- account voter registration statistics for the ment to speak on this issue. tinuity and representation of this precinct, the most recent available census This is very, very important. I would House and the American people. So let data regarding the number of individuals re- like to bring to your attention the fact us focus on what needs to be done to siding within the precinct who are eligible to that former Minority Leader Gephardt provide for expedited special elections register to vote, and the level of voter turn- appointed me to chair a special com- out during previous elections held in the pre- mittee on election reform of the Demo- so that we can have a functioning cinct.’’. cratic Caucus. And I have traveled to House as soon as possible if there is a Mr. CONYERS (during the reading). at least four States talking to people horrible, catastrophic attack. Let us leave these other issues for a Mr. Speaker, I ask unanimous consent about what had gone wrong in the elec- later day when they can be debated in that the motion to recommit be consid- tions in the 2000 elections. ered as read and printed in the RECORD. One of the things that we con- the proper context. The SPEAKER pro tempore. Is there centrated on was provisional ballots. Mr. Speaker, I yield 1 minute to the objection to the request of the gen- And we wrote into the Help America gentleman from Illinois (Mr. HASTERT), tleman from Michigan? Vote Act that if you went to a polling the Speaker of the House. Mr. HASTERT. Mr. Speaker, our There was no objection. place and they said your name was not forefathers fought a revolution. They The SPEAKER pro tempore. The gen- there, that you are to be given a provi- fought a revolution for freedom against tleman from Michigan (Mr. CONYERS) is sional ballot no matter where you a power that at that time was much recognized for 5 minutes. went. Little did I know that something Mr. CONYERS. Mr. Speaker, I yield greater than the sum of this Nation. had happened in the Help America Vote myself such time as I may consume. They fought against private gentry. Act, perhaps, that allowed Ken Mr. Speaker, my motion to recommit George Mason said at the Constitu- Blackwell in Ohio to have a different would simply require that each State tional Convention that ‘‘the people will law from everybody else on provisional provide a minimum required number of be represented; they ought therefore to ballots. And so thousands of people functioning and accurate voting ma- choose their representatives.’’ went to polling places and were told chines and poll workers for each pre- This is a conceptual framework that they could not vote because they were cinct on the day of any special elec- has governed this body for more than 2 in the wrong precinct. That is not what tion. I do this and offer the amendment centuries. Today, even though times we wrote into the law. So we had thou- so that we can avoid the misallocation have changed, the spirit of Mason lives sands of ballots that were not counted of voting machines and poll workers on. And with God’s blessing we will in Ohio because Mr. Ken Blackwell de- that occurred last year in the Ohio never have to use this piece of legisla- scribed his law a lot differently than Presidential election that led to lines tion. But we have to seriously consider we had framed the law in the Help of sometimes 10 hours and disenfran- the issue of the continuity in Congress. America Vote Act. We have specifically designed author- chisement of tens of thousands of vot- That is the one place perhaps in ity to other Members of this body to ers. America with a law on provisional bal- Consider the following: in Franklin call the House back into session should loting that does not allow someone County in that State, 27 of the 30 wards I not be here to do it. We have changed who swears that they are registered to with the most machines per registered the rules of the House to allow it to vote to be able to vote. voter showed majorities for Bush while I thank the gentleman for the oppor- function if Members are incapacitated. six of the seven wards with the fewest tunity to share this information at this Today we debate a bill that calls for machines delivered the large margins important time. the States to provide special elections for KERRY. They also found that elec- Mr. CONYERS. Mr. Speaker, I yield if more than 100 Members are killed. tion officials in Franklin County de- myself the balance of my time. And yes, even though we have provided cided to make due with 2,868 machines The motion to recommit would fix for rules if Members are incapacitated, even though their analysis showed that the problem raised by the gentlewoman we have a constitutional responsibility 5,000 machines were needed. In Colum- from California (Ms. WATERS), at least to ensure the American people have bus alone it is estimated that the for special elections under this bill. full representation in this Congress. misallocation of machines reduced the I urge the support of the motion to Congress has always been for the peo- number of votes by up to 15,000 votes. recommit. ple and by the people. And in keeping There is also an investigation that Mr. Speaker, I yield back the balance with the great traditions of our coun- revealed the Franklin County election of my time. try, we need to keep it that way. Last officials reduced the number of elec- Mrs. MILLER of Michigan. Mr. Congress we overwhelmingly passed a tion voting machines assigned to down- Speaker, I rise in opposition to the mo- very similar bill to the one we are de- town precincts and added them to sub- tion to recommit. bating today. It was improved by the

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.060 H03PT1 March 3, 2005 CONGRESSIONAL RECORD — HOUSE H969 Congress with various amendments, [Roll No. 51] Goodlatte Mack Reynolds Granger Manzullo Rogers (AL) many from the other side of the aisle, AYES—196 Graves Marchant Rogers (KY) which the gentleman from Ohio (Mr. Abercrombie Green, Al Oberstar Green (WI) McCaul (TX) Rogers (MI) NEY) has incorporated into this bill. We Ackerman Green, Gene Obey Gutknecht McCotter Rohrabacher heard a desire to make sure that this Allen Grijalva Olver Hall McCrery Royce Hart McHenry Ryan (WI) bill specifically allows for primaries; Andrews Gutierrez Ortiz Baca Harman Owens Hastert McHugh Ryun (KS) Hastings (WA) that language is incorporated in this Baird Hastings (FL) Pallone McKeon Saxton Hayes McMorris Schwarz (MI) bill. And my good friend, the gen- Baldwin Herseth Pascrell Hayworth Mica Sensenbrenner Barrow Higgins Pastor tleman from Missouri (Mr. SKELTON), Hefley Miller (FL) Sessions Bean Hinchey Payne wanted to make sure that the military Hensarling Miller (MI) Shadegg Becerra Hinojosa Pelosi Herger Miller, Gary Shaw ballots from overseas were counted. We Berkley Holden Peterson (MN) Hobson Moran (KS) Shays have incorporated that suggestion into Berman Holt Pomeroy Hoekstra Murphy Sherwood Berry Honda Price (NC) this bill. Hostettler Musgrave Shimkus Bishop (GA) Hooley Rahall Hulshof Myrick Shuster I discussed with the Democratic lead- Bishop (NY) Hoyer Rangel Blumenauer Inslee Hunter Neugebauer Simmons er the idea of increasing the number of Reyes Hyde Ney Simpson Boren Israel Ross days from 45 to 49, 7 weeks, to provide Boswell Jackson (IL) Inglis (SC) Northup Smith (NJ) the 7 weeks for these special elections. Roybal-Allard Istook Norwood Smith (TX) Boucher Jackson-Lee Ruppersberger I thought it was important to add a few Boyd (TX) Jenkins Nunes Sodrel Rush Jindal Nussle Souder more days. However, 60 days is too long Brady (PA) Jefferson Ryan (OH) Brown (OH) Johnson, E. B. Johnson (CT) Osborne Stearns a time for the framework of the na- Sabo Johnson (IL) Otter Sullivan Brown, Corrine Jones (OH) Salazar Butterfield Kanjorski Johnson, Sam Oxley Sweeney tional crisis because of our role under Sa´ nchez, Linda Capps Kaptur Jones (NC) Paul Tancredo the War Powers Act. T. Capuano Kennedy (RI) Keller Pearce Taylor (NC) Sanchez, Loretta The bill we had adopted last Congress Cardin Kildee Kelly Pence Terry Sanders Cardoza Kilpatrick (MI) Kennedy (MN) Peterson (PA) Thomas with the support of 306 Members was a Schakowsky Carnahan Kind King (IA) Petri Thornberry very good bill. The gentleman from Schiff Case Kucinich King (NY) Pickering Tiahrt Schwartz (PA) Ohio (Mr. NEY) and the gentleman from Chandler Langevin Kirk Pitts Tiberi Scott (GA) Wisconsin (Mr. SENSENBRENNER) have Clay Lantos Kline Platts Turner Scott (VA) Cleaver Larsen (WA) Knollenberg Poe Upton even a better bill this year, and I ex- Serrano Clyburn Larson (CT) Kolbe Pombo Walden (OR) Sherman pect the same overwhelming bipartisan Conyers Lee Kuhl (NY) Porter Walsh support. Cooper Levin Skelton LaHood Portman Weldon (FL) Slaughter Latham Price (GA) Weldon (PA) In closing, we face a significant Costa Lipinski Costello Lofgren, Zoe Smith (WA) LaTourette Pryce (OH) Weller threat. What makes America great is Cramer Lowey Snyder Lewis (CA) Putnam Westmoreland that we can come together during Crowley Lynch Solis Lewis (KY) Radanovich Whitfield times of national tragedy. And my Cuellar Maloney Spratt Linder Ramstad Wicker Cummings Markey Stark LoBiondo Regula Wilson (NM) point is that after September 11, par- Davis (AL) Marshall Strickland Lucas Rehberg Wilson (SC) tisan bickering was on the back burn- Davis (CA) Matheson Stupak Lungren, Daniel Reichert Wolf er, and we were able to come together Davis (FL) McCarthy Tanner E. Renzi Young (FL) Tauscher and do great things for the American Davis (IL) McCollum (MN) NOT VOTING—15 Davis (TN) McDermott Taylor (MS) people. DeFazio McGovern Thompson (CA) Carson Issa Napolitano Terrorists hate everything we stand DeGette McIntyre Thompson (MS) Cunningham Kingston Ros-Lehtinen Delahunt McKinney Tierney Diaz-Balart, M. Leach Rothman for, especially our democracy. Their DeLauro McNulty Towns Ford Lewis (GA) Wamp whole object is to disrupt and destroy. Dicks Meehan Udall (CO) Harris Meeks (NY) Young (AK) In the event of the unthinkable, this Dingell Meek (FL) Udall (NM) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE bill strikes a blow to the heart of the Doggett Melancon Van Hollen Doyle Menendez Vela´ zquez The Speaker pro tempore (Mr. terrorists and allows this body to re- Edwards Michaud Visclosky constitute itself as quickly as possible, Emanuel Millender- Wasserman SHIMKUS) (during the vote). Members therefore carrying on the spirit of Engel McDonald Schultz are advised that 2 minutes remain in Eshoo Miller (NC) Waters this vote. Mason and of this great Nation. Etheridge Miller, George Watson I urge the defeat of the motion to re- Evans Mollohan Watt commit. I urge the passage of this bill. Farr Moore (KS) Waxman b 1404 Fattah Moore (WI) Weiner Mrs. MILLER of Michigan. Mr. Filner Moran (VA) Wexler Mr. PORTMAN changed his vote Speaker, I yield back the balance of Frank (MA) Murtha Woolsey from ‘‘aye’’ to ‘‘no.’’ Gonzalez Nadler Wu my time. Gordon Neal (MA) Wynn So the motion to recommit was re- The SPEAKER pro tempore. Without jected. objection, the previous question is or- NOES—223 The result of the vote was announced dered on the motion to recommit. Aderholt Burgess Drake as above recorded. Akin Burton (IN) Dreier The SPEAKER pro tempore. The There was no objection. Alexander Buyer Duncan question is on the passage of the bill. The SPEAKER pro tempore. The Bachus Calvert Ehlers Baker Camp Emerson question is on the motion to recommit. The bill was passed. Barrett (SC) Cannon English (PA) A motion to reconsider was laid on The question was taken; and the Bartlett (MD) Cantor Everett Barton (TX) Capito Feeney the table. Speaker pro tempore announced that Bass Carter Ferguson the noes appeared to have it. Beauprez Castle Fitzpatrick (PA) f Biggert Chabot Flake RECORDED VOTE Bilirakis Chocola Foley Mr. CONYERS. Mr. Speaker, I de- Bishop (UT) Coble Forbes GENERAL LEAVE mand a recorded vote. Blackburn Cole (OK) Fortenberry Blunt Conaway Fossella Mrs. MILLER of Michigan. Mr. A recorded vote was ordered. Boehlert Cox Foxx Speaker, I ask unanimous consent that Boehner Crenshaw Franks (AZ) The SPEAKER pro tempore. Pursu- Bonilla Cubin Frelinghuysen all Members may have 5 legislative ant to clause 9 of rule XX, the Chair Bonner Culberson Gallegly days within which to revise and extend will reduce to 5 minutes the minimum Bono Davis (KY) Garrett (NJ) their remarks and include extraneous Boozman Davis, Jo Ann Gerlach time for an electronic vote on the ques- Boustany Davis, Tom Gibbons material on the subject of H.R. 841. tion of passage. Bradley (NH) Deal (GA) Gilchrest The SPEAKER pro tempore. Is there The vote was taken by electronic de- Brady (TX) DeLay Gillmor objection to the request of the gentle- Brown (SC) Dent Gingrey vice, and there were—ayes 196, noes 223, Brown-Waite, Diaz-Balart, L. Gohmert woman from Michigan? not voting 15, as follows: Ginny Doolittle Goode There was no objection.

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.063 H03PT1 H970 CONGRESSIONAL RECORD — HOUSE March 3, 2005 PARLIAMENTARY INQUIRY [Roll No. 52] Smith (WA) Thornberry Weiner Snyder Tiahrt Weldon (FL) The SPEAKER pro tempore. The gen- AYES—329 Sodrel Towns Weller Solis Turner tlewoman from California (Ms. Ackerman Engel McCarthy Westmoreland Souder Udall (CO) MILLENDER-MCDONALD). Aderholt English (PA) McCaul (TX) Wexler Stearns Udall (NM) Akin Etheridge McCotter Whitfield Ms. MILLENDER-MCDONALD. Mr. Stupak Upton Alexander Evans McCrery Wicker Speaker, on H.R. 841, I asked for a re- Sullivan Vela´ zquez Allen Fattah McHenry Wilson (NM) Sweeney Visclosky corded vote. I was seeking recognition Wilson (SC) Baca Ferguson McHugh Tancredo Walden (OR) but the mike was not on. Wolf Bachus Fitzpatrick (PA) McIntyre Tanner Walsh Baker Flake McKeon Wu b 1400 Taylor (NC) Wasserman Barrett (SC) Foley McMorris Thomas Schultz Wynn Mr. Speaker, I stood when the board Barrow Forbes McNulty Thompson (CA) Watt Young (FL) was being cleared on the last vote Bartlett (MD) Fortenberry Meek (FL) Thompson (MS) Waxman Barton (TX) Fossella Melancon which was a motion to recommit. Now Bass Foxx Michaud NOES—68 I am told that I cannot ask for a re- Beauprez Frank (MA) Miller (FL) Abercrombie Honda Moran (VA) corded vote on H.R. 841, and I have a Becerra Franks (AZ) Miller (MI) Andrews Inslee Nadler Berkley Frelinghuysen Miller, Gary Baird Jackson (IL) Oberstar parliamentary inquiry. Berman Garrett (NJ) Miller, George Baldwin Jackson-Lee Olver The SPEAKER pro tempore (Mr. Biggert Gerlach Moore (KS) Bean (TX) Owens SHIMKUS). The Chair regrets the gentle- Bilirakis Gibbons Moore (WI) Berry Jefferson Pallone woman’s disappointment. After the Bishop (GA) Gilchrest Moran (KS) Clyburn Jones (NC) Bishop (NY) Gillmor Murphy Payne voice vote on passage of the bill, the Conyers Jones (OH) Pelosi Bishop (UT) Gingrey Murtha Davis (AL) Kennedy (RI) Rohrabacher Chair surveyed the Chamber and saw Blackburn Gohmert Musgrave Davis (CA) Kucinich Rush no Member seeking recognition to re- Blumenauer Goode Myrick Davis (IL) Langevin Ryan (OH) quest a recorded vote. So the question Blunt Goodlatte Neal (MA) DeLauro Larsen (WA) Boehner Granger Neugebauer Sa´ nchez, Linda stood resolved by voice vote. Dicks Larson (CT) Bonilla Green (WI) Ney Duncan Lee T. Ms. MILLENDER-MCDONALD. Mr. Bonner Green, Al Northup Eshoo Lynch Schakowsky Speaker, I beg to differ with the Chair. Bono Green, Gene Norwood Farr Markey Scott (VA) I was standing at the time. My mike Boozman Gutknecht Nunes Filner McCollum (MN) Stark Boren Hall Nussle Strickland was not on. I kept yelling to the Chair. Gonzalez McGovern Boswell Harman Ortiz Gordon McKinney Tauscher The SPEAKER pro tempore. The Boucher Hart Osborne Grijalva Menendez Taylor (MS) Chair surveyed the Chamber and saw Boustany Hastert Otter Gutierrez Millender- Tierney no one seeking recognition to demand Boyd Hastings (WA) Oxley Hastings (FL) McDonald Van Hollen Bradley (NH) Hayes Pascrell Hinchey Miller (NC) Watson a recorded vote. Brady (PA) Hayworth Pastor Holt Mollohan Woolsey Mr. BAIRD. Mr. Speaker, I move to Brady (TX) Hefley Paul appeal the ruling of the Chair. Brown (OH) Hensarling Pearce NOT VOTING—37 The SPEAKER pro tempore. The Brown (SC) Herger Pence Boehlert Graves Pombo Brown, Corrine Herseth Peterson (MN) Brown-Waite, Harris Ros-Lehtinen Chair has not made a ruling subject to Burgess Higgins Peterson (PA) Ginny Issa Rothman Burton (IN) Hinojosa Petri appeal. Carson Kingston Scott (GA) Butterfield Hobson Pickering The Chair has merely explained that Cramer Kuhl (NY) Slaughter Buyer Hoekstra Pitts he saw no Member seeking recognition Cunningham LaTourette Spratt Calvert Holden Platts Deal (GA) Leach to request a record vote. A decision re- Camp Hooley Poe Terry Delahunt McDermott Tiberi specting discretionary recognition is Cannon Hostettler Pomeroy Emerson Meehan Wamp Cantor Hoyer Porter Everett Meeks (NY) not subject to appeal. Waters Capito Hulshof Portman Feeney Mica Weldon (PA) f Capps Hunter Price (GA) Ford Napolitano Capuano Hyde Price (NC) Gallegly Obey Young (AK) VACATING MOTION TO RECON- Cardin Inglis (SC) Pryce (OH) SIDER ON H.R. 841, CONTINUITY Cardoza Israel Putnam ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE IN REPRESENTATION ACT OF 2005 Carnahan Istook Radanovich The SPEAKER pro tempore (Mr. Carter Jenkins Rahall SHIMKUS) (during the vote). Members Mr. FRANK of Massachusetts. Mr. Case Jindal Ramstad Speaker, I ask unanimous consent in Castle Johnson (CT) Rangel are advised that there are 2 minutes re- the interest of civility that the vote on Chabot Johnson (IL) Regula maining in this vote. Chandler Johnson, E. B. Rehberg H.R. 841 be vacated and a rollcall be al- Chocola Johnson, Sam Reichert b 1441 lowed. Clay Kanjorski Renzi So the bill was passed. The SPEAKER pro tempore. Is there Cleaver Kaptur Reyes The result of the vote was announced objection to the request of the gen- Coble Keller Reynolds Cole (OK) Kelly Rogers (AL) as above recorded. tleman from Massachusetts? Conaway Kennedy (MN) Rogers (KY) The title of the bill was amended so Without objection, the proceedings Cooper Kildee Rogers (MI) as to read: ‘‘A bill to require States to whereby the motion to reconsider was Costa Kilpatrick (MI) Ross hold special elections to fill vacancies Costello Kind Roybal-Allard laid on the table and by which the bill Cox King (IA) Royce in the House of Representatives not was passed are vacated. Crenshaw King (NY) Ruppersberger later than 49 days after the vacancy is There was no objection. Crowley Kirk Ryan (WI) announced by the Speaker of the House Cubin Kline Ryun (KS) f Cuellar Knollenberg Sabo of Representatives in extraordinary CONTINUITY IN REPRESENTATION Culberson Kolbe Salazar circumstances, and for other pur- ACT OF 2005 Cummings LaHood Sanchez, Loretta poses.’’. Davis (FL) Lantos Sanders A motion to reconsider was laid on The SPEAKER pro tempore. The Davis (KY) Latham Saxton the table. Chair will put the question by voice Davis (TN) Levin Schiff Davis, Jo Ann Lewis (CA) Schwartz (PA) Stated for: vote de novo. Davis, Tom Lewis (GA) Schwarz (MI) Mr. DEAL of Georgia. Mr. Speaker, I inad- The question is on the passage of the DeFazio Lewis (KY) Sensenbrenner vertently missed rollcall vote 52 on the final bill. DeGette Linder Serrano passage of H.R. 841, ‘‘Continuity in Represen- The question was taken; and the DeLay Lipinski Sessions Dent LoBiondo Shadegg tation Act.’’ Had I been present, I would have Speaker pro tempore announced that Diaz-Balart, L. Lofgren, Zoe Shaw voted ‘‘aye.’’ the ayes appeared to have it. Diaz-Balart, M. Lowey Shays Mrs. EMERSON. Mr. Speaker, I regret that RECORDED VOTE Dingell Lucas Sherman Doggett Lungren, Daniel Sherwood my vote was not recorded even though I was Ms. MILLENDER-MCDONALD. Mr. Doolittle E. Shimkus present for rollcall No. 52 on H.R. 841, the Speaker, I demand a recorded vote. Doyle Mack Shuster Continuity in Representation Act. Had I been A recorded vote was ordered. Drake Maloney Simmons able to vote, I would have voted ‘‘aye’’ and The vote was taken by electronic de- Dreier Manzullo Simpson Edwards Marchant Skelton would like the RECORD to reflect this fact. vice, and there were—ayes 329, noes 68, Ehlers Marshall Smith (NJ) Mr. MICA. Mr. Speaker, I was unavoidably not voting 37, as follows: Emanuel Matheson Smith (TX) detained and was unable to vote on rollcall 52.

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 7634 Sfmt 9920 E:\CR\FM\K03MR7.067 H03PT1 March 3, 2005 CONGRESSIONAL RECORD — HOUSE H971 Had I been present, I would have voted ‘‘aye’’ Committee on Rules up at H–312 of the will have general debate on one day on this measure. Capitol by 1 p.m. next Tuesday, March and amendments on the next, or does Mr. KUHL of New York. Mr. Speaker, on 8. Members should draft their amend- he think he will start considering rollcall No. 52, on passage of H.R. 841—The ments to the text of the bill as re- amendments on the first day of consid- Continuity in Representation Act—I was ab- ported by the Committee on Transpor- eration. sent due to circumstances beyond my control. tation and Infrastructure which will be Mr. DELAY. Mr. Speaker, will the Had I been present I would have voted ‘‘aye.’’ available for their review March 4 on gentleman yield? Ms. GINNY BROWN-WAITE of Florida. Mr. the Web sites of both the Committee on Speaker, as indicated by the RECORD, I was Rules and the Committee on Transpor- Mr. HOYER. I yield to the gentleman present voting this afternoon for all recorded tation and Infrastructure. from Texas. Members should use the Office of votes except for H.R. 841, the Continuity in Mr. DELAY. Mr. Speaker, I appre- Representation Act. Unfortunately my card did Legislative Counsel to ensure that ciate the gentleman’s yielding to me. their amendments are drafted in the not register when I cast my vote for that bill. The gentleman is correct in that we most appropriate format. Members are If it had, it would have read that I voted in really want this bill to move as quickly favor of H.R. 841. also advised to check with the Office of as possible, get it through the other Mr. WELDON of Pennsylvania. Mr. Speaker, the Parliamentarian to be certain that body, because contract letting is sea- on rollcall vote 52, for H.R. 841, I was not re- their amendments comply with the corded to vote. Had I been recorded, I would rules of the House. sonal, particularly in the northern States and that contract letting needs have voted ‘‘aye.’’ f to be done. So we are working as hard f LEGISLATIVE PROGRAM as we can to get this bill done. PERSONAL EXPLANATION (Mr. HOYER asked and was given Since this bill is very similar to the Mr. ISSA. Mr. Speaker, today I missed four permission to address the House for 1 reauthorization that was passed in the recorded votes. If I had been present for roll- minute.) last Congress, I would expect that the Mr. HOYER. Mr Speaker, for the pur- call vote 49, I would have voted ‘‘no.’’ If I had Committee on Rules would develop a pose of informing us of the schedule of been present for rollcall vote 50, I would have rule that was very similar to that one the week to come, I yield to the gen- voted ‘‘no.’’ If I had been present for rollcall that was used when we considered this tleman from Texas (Mr. DELAY), the vote 51, I would have voted ‘‘no.’’ If I had bill last Congress which, if I recall, been present for rollcall vote 52, I would have majority leader. Mr. DELAY. Mr. Speaker, I thank the there were 23 amendments allowed voted ‘‘aye.’’ gentleman for yielding to me. under the rule, a manager’s amend- f Mr. Speaker, the House will convene ment. So we have to see what the Com- PERSONAL EXPLANATION on Tuesday at 2 p.m. for legislative mittee on Rules is going to do and see business. We will consider several how we can divide the work between Mr. WAMP. Mr. speaker, due to a family measures under suspension of the rules. Wednesday and Thursday. commitment in Tennessee, I was not present A final list of these bills will be sent to for two votes today, Thursday, March 3, 2005. Mr. HOYER. Mr. Speaker, I thank Members’ offices by the end of the the gentleman for his response. And I Had I been present, I would have voted ‘‘nay’’ week. Any votes called on these meas- on the Motion to Recommit H.R. 841—Con- think the gentleman is correct. There ures will be rolled until 6:30 p.m. were a substantial number of amend- tinuity of Representation Act and ‘‘aye’’ on On Wednesday and Thursday, the ments. I would hope that those Mem- final passage of H.R. 841. House will convene at 10 a.m. We will bers on either side of the aisle who f likely consider additional legislation under suspension of the rules, as well have substantive amendments to offer, REMOVAL OF NAME OF MEMBER in light of the fact that we have been AS COSPONSOR OF H.R. 25 as the Transportation Equity Act: A Legacy for Users. waiting on this bill for some time, Mr. LINDER. Mr. Speaker, I ask And, finally, I would like to note for would have ample opportunity on ei- unanimous consent that the gentleman all the Members that we are making a ther side of the aisle, and I appreciate from Kentucky (Mr. DAVIS) be removed change to the schedule that was sent to the leader’s focus on that. as a cosponsor of H.R. 25. offices at the beginning of the year. We Mr. Speaker, lastly, if I can, can the The SPEAKER pro tempore. Is there do not plan to have votes next Friday, majority leader tell us what his objection to the request of the gen- March 11. thoughts are in terms of scheduling, we tleman from Georgia? Mr. HOYER. Mr. Speaker, I thank There was no objection. have 2 weeks left before the Easter the gentleman for that information. work period, with reference to either Let me say that I am pleased, and I f the supplemental appropriation and/or know our side is and I am sure the gen- the budget? ANNOUNCEMENT BY COMMITTEE tleman’s side is as well and I know the ON RULES REGARDING AMEND- Governors and county officials Mr. DELAY. Mr. Speaker, I appre- MENTS TO H.R. 3, THE TRANS- throughout the country are pleased, to ciate the gentleman’s yielding to me. PORTATION EQUITY ACT: A LEG- see that the transportation bill is on ACY FOR USERS It is our anticipation, or I have been the floor. This was a bill, as the major- notified by the respective committees, (Mr. DREIER asked and was given ity leader knows, that expired, I think, that we will be considering the supple- permission to address the House for 1 September 30, 2003, and we have done mental from the President and the minute.) extensions since that time. budget that both committees expect to Mr. DREIER. Mr. Speaker, the Com- It is scheduled for 2 days on the cal- hold markups on those two bills next mittee on Rules may meet the week of endar, as I understand, and we just week, which would prepare us and give March 7 to grant a rule which could heard the announcement of the Com- limit the amendment process for floor mittee on Rules chairman that there us plenty of time to have both of those consideration of H.R. 3, the Transpor- may be limitations to amendments in bills on the floor the week prior to the tation Equity Act: A Legacy for Users. the bill. In light of the fact that I know Easter recess. The Committee on Transportation and there are still some substantial ques- Mr. HOYER. So, Mr. Speaker, it Infrastructure ordered the bill reported tions, this bill was reported out on would be his expectation that we would on March 2 and is expected to file its voice vote unanimously but with one of consider both those bills before the report with the House on Monday, the most contentious issues, as I un- break? March 7. derstand it, left unresolved in terms of Mr. DELAY. The gentleman is cor- Any Member wishing to offer an donor/donee States. amendment should submit 55 copies of Can the majority leader amplify, per- rect. the amendment and one copy of a brief haps, on what the Committee on Rules Mr. HOYER. Mr. Speaker, I thank explanation of the amendment to the chairman said in terms of whether we the majority leader for his answers.

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.018 H03PT1 H972 CONGRESSIONAL RECORD — HOUSE March 3, 2005 b 1445 tleman from Florida (Mr. WELDON) is gree of incapacitation of disabled indi- ADJOURNMENT TO MONDAY, recognized for 5 minutes. viduals, and it is a travesty to coun- MARCH 7, 2005, AND HOUR OF Mr. WELDON of Florida. Mr. Speak- tenance the notion of putting her to MEETING ON TUESDAY, MARCH er, soon I will be introducing legisla- death somehow because she is not able 8, 2005 tion to give incapacitated individuals to speak. their explicit due process rights of ha- Terri and similar incapacitated peo- Mr. DELAY. Mr. Speaker, I ask unan- beas corpus when a court orders their ple should be afforded the same con- imous consent that when the House ad- death by removal of nutrition, hydra- stitutional protection of due process as journs today, it adjourn to meet at tion and medical treatment. The Inca- death row inmates whose lives hang in noon on Monday, March 7, 2005; and pacitated Person’s Legal Protection the balance in judicial proceedings. Be- further, when the House adjourns on Act gives incapacitated persons the cause in cases like these, mistakes are that day, it adjourn to meet at 12:30 same rights of due process available to not subject to correction, Terri and p.m. on Tuesday, March 8, 2005, for death row inmates. people similarly situated must have ac- morning hour debate. The Act will open up an avenue of cess to de novo review of their case and The SPEAKER pro tempore (Mr. legal relief currently not clearly avail- representation, just like any death row SHIMKUS). Is there objection to the re- able to disabled and incapacitated indi- inmate gets. quest of the gentleman from Texas? viduals who are unable to speak for The Incapacitated Person’s Legal There was no objection. themselves. These individuals can be- Protection Act, which I am going to in- f come the subject of a court order af- troduce soon, explicitly recognizes in DISPENSING WITH CALENDAR fecting their death, such as the case of Federal law the due process protection WEDNESDAY BUSINESS ON Terri Schiavo. Terri is a Florida of habeas corpus appeal for incapaci- WEDNESDAY NEXT woman who, at age 27, suffered a heart tated individuals who are the subject of attack and experienced brain damage a court order to effect their death by Mr. DELAY. Mr. Speaker, I ask unan- due to lack of oxygen. While in the hos- removal of nutrition, hydration or imous consent that the business in pital, tubes were inserted in her diges- medical treatment. It does not apply to order under the Calendar Wednesday tive system to provide nutrition and circumstances where advanced medical rule be dispensed with on Wednesday hydration and continue to keep her directives are in effect. The Act simply next. alive. provides a final avenue for review of The SPEAKER pro tempore. Is there Ten years after Terri’s unfortunate the case to ensure that a incapacitated objection to the request of the gen- condition occurred, her husband moved person’s constitutional rights of due tleman from Texas? to have the feeding tubes removed in- process are maintained and that justice There was no objection. tending to end her life. This occurred is done. f after Terri received nearly $1.5 million Now, we know that lawyers are going APPOINTMENT OF ADDITIONAL in jury awards and legal settlements. to file habeas corpus claims about this MEMBERS TO JOINT ECONOMIC Fortunately for Terri, her parents in- case, and that is not a surprise and COMMITTEE tervened against the desire of Terri’s nothing prohibits them from doing so. husband and have stayed her death The Incapacitated Person’s Legal Pro- The SPEAKER pro tempore. Pursu- through legal maneuvering until last tection Act is needed because the state ant to 15 USC 1024(a), and the order of week. of the law on this topic needs to be the House of January 4, 2005, the Chair On Friday, February 25, Judge clarified. announces the Speaker’s appointment George Greer issued an order to remove These cases are typically reserved for of the following Members of the House the nutrition and hydration of Terri on criminal cases. In civil cases like to the Joint Economic Committee, in Friday, March 18 at 1 p.m. This order Terri’s, the decision to even consider a addition to Mr. SAXTON of New Jersey, will initiate the starvation death of habeas appeal is at the court’s discre- appointed January 20, 2005: Terri. To my knowledge, it is unprece- tion. The Constitution in the 14th Mr. RYAN of Wisconsin; dented in law. Amendment, however, gives Congress Mr. ENGLISH of Pennsylvania; All through the Schiavo trial, Terri’s the express authority to protect the Mr. PAUL of Texas; parents and husband have been af- life of any person by directing the judi- Mr. BRADY of Texas; forded counsel, yet Terri has never ciary with respect to the guarantee of Mr. MCCOTTER of Michigan; been afforded independent counsel, in a due process and equal protection under Mrs. MALONEY of New York; matter that will result in her life or the law. That is what the Incapacitated Mr. HINCHEY of New York; death. Terri has had no voice of her Person’s Legal Protection Act does. It Ms. LORETTA SANCHEZ of California; own in these legal proceedings, some- tells the courts that the due process and thing so fundamental to every adult and equal protection rights of incapaci- Mr. CUMMINGS of Maryland. American, even convicted murderers. tated persons are explicitly authorized f The case of Terri Schiavo deserves a under Federal habeas corpus statutes. SPECIAL ORDERS second look by an objective court. For example, despite the court’s pro- f The SPEAKER pro tempore. Under nouncement that she is in a persistent the Speaker’s announced policy of Jan- vegetative state, evidence exists to the uary 4, 2005, and under a previous order contrary. DEMOCRACY IN THE MUSLIM of the House, the following Members Terri is not in a coma as I would de- WORLD will be recognized for 5 minutes each. fine it, and I am a physician. She is not The SPEAKER pro tempore. Under a f on a respirator or other 24-hour-a-day previous order of the House, the gen- The SPEAKER pro tempore. Under a medical equipment. Terri is responsive tleman from California (Mr. SCHIFF) is previous order of the House, the gen- to stimuli, such as voices, touch and recognized for 5 minutes. tleman from Indiana (Mr. BURTON) is the presence of people. She can move Mr. SCHIFF. Mr. Speaker, the terror- recognized for 5 minutes. her head and establish eye contact. ists who attacked this country on Sep- (Mr. BURTON of Indiana addressed Terri can smile, demonstrate facial ex- tember 11 emerged from part of the the House. His remarks will appear pressions and cry. She can arch her world where oppression of popular will hereafter in the Extensions of Re- back and move away or towards voices often finds its outlet in Jihadi extre- marks.) and people. Terri makes sounds and at- mism and hatred of the West, espe- f tempts to vocalize as a way of commu- cially the United States. nication. Throughout much of the Muslim INCAPACITATED PERSON’S LEGAL As a physician who has cared for peo- world, brittle, autocratic regimes jeal- PROTECTION ACT ple in comas and who were considered ously guard wealth and political power, The SPEAKER pro tempore. Under a in a persistent vegetative state, I have while the vast majority of the citizens previous order of the House, the gen- some experience in determining the de- languish in poverty. Despite the Arab

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.072 H03PT1 March 3, 2005 CONGRESSIONAL RECORD — HOUSE H973 world’s vast oil wealth and its rich cul- lief that Arab and Islamic societies for the Madrid train bombings had tural and intellectual history, the re- were somehow incompatible with de- sketches of New York City’s Grand gion has languished, in large part, be- mocracy. It was also the product of a Central Station on his computer. cause its leaders refused to enact the genuine fear of what democracy in the b 1500 liberalizations necessary to unleash Arab world would mean for American the power of hundreds of millions of influence in the region. The Iranian A few days ago it was reported that people. revolution of 1979 was seen as a har- Osama bin Laden was caught urging After the 9/11 attacks, the President binger of what could happen through- some of his associates to take the and other senior administration offi- out the region if American allied re- threat to the United States once again. cials vowed to ‘‘drain the swamp’’ that gimes loosened their grip. Clearly the threat to our country is birthed al Qaeda and other radical After 9/11 and the explosive growth of real, and it is essential that we have a Islamists. Now, after two wars, thou- Islamic radicalism throughout the comprehensive strategy for distrib- sands of casualties and hundreds of bil- Muslim world, we have come belatedly uting our homeland security grant lions of dollars, the people of the Arab to the realization that the best anti- funding to confront it. and greater Muslim world are begin- dote for terrorism is democracy. Much That is why today I am introducing ning to drain the swamp on their own. of the hatred towards the United the Responsible Funding For First Re- Last fall, the people of Afghanistan, States in the Arab world is a direct sponders Act of 2005. The bill reforms who only 3 years ago were suffering consequence of our support for despotic the current formula used to distribute under the medieval yoke of the regimes. homeland security grant money. Taliban, voted in large numbers in that The administration and Congress Yesterday, our newly confirmed country’s first presidential election, need to continue to push our friends in Homeland Security Secretary said, ‘‘I and later this year, they will return to the region to do more to ensure that think we owe the American people a the polls to select a new parliament. the tentative steps that we have seen more focused and priorities driven’’ In early January, the Palestinian do lead to a new birth of freedom in the funding formula. This bill aims to people took concrete steps to end the Muslim world. achieve just that. Arafat era’s corruption and embrace of I am particularly concerned about Over the past few years, we have terrorism and elected Mahmoud Abbas Egypt and its 73 million people. Egypt gone a long way in fighting terrorism. as their new president. is the intellectual, political and cul- Last year, Congress passed a meaning- Later that month, in an inspiring tural heart of the Arab world. It is a ful intelligence reform which imple- acts of collective courage, millions of long-standing American ally that has ments many of the 9/11 Commission’s Iraqis defied a vicious insurgency to played a crucial role in the search for recommendations. However there was cast ballots for a new national assem- peace between Israel and its Arab one recommendation that we did not bly that will draft a constitution for a neighbors. But even as President Muba- address adequately. permanent Iraqi government. The 9/11 Commission explicitly stated In the past two weeks, we have seen rak and the Egyptian government have shown great leadership in the quest for ‘‘homeland security assistance should the people of Lebanon respond to the be based strictly on assessment of risks savage car bombing that claimed the peace, they have dragged their heels when it comes to the political and eco- and vulnerabilities.’’ This bill would life of former prime minister Rafiq put that recommendation, which I Hariri by peacefully calling for the res- nomic reform that is crucial if Egypt is to remain a regional leader. think is common sense to most Ameri- toration of Lebanese sovereignty. Leb- cans, into effect. anon’s ‘‘cedar revolution’’ has already Recently the Egyptian government arrested Ayman Nour, the leader of a In introducing the bill, I wish to invited comparisons with Ukraine’s start the debate anew and begin work- ‘‘orange revolution’’ that swept Viktor small pro-democracy party in the ing towards a meaningful first respond- Yuschenko into power last December. Egyptian parliament. Nour’s arrest is ers funding reform. Since September 11 Today, Saudi Arabians voted in the widely seen as politically motivated second of three regional rounds of mu- and precipitated a decision by Sec- homeland security funds have been dis- nicipal elections, the kingdom’s first, retary Rice to cancel a planned trip to tributed under a formula that requires and last Sunday President Mubarak of Cairo this week. a minimum of .75 percent to go to each Egypt proposed a change to the Egyp- I have introduced a resolution calling State, and then the remainder is dis- tian constitution that will provide for on Egypt to release Nour and embrace tributed on what we call a per capita direct contested elections of president, the reforms just announced by Presi- basis. and he urged its quick adoption so that dent Mubarak. As an important ally, The block grant formula, where most this fall’s election would be held under we must not stand idly by and watch of the funding has originated, does not the new system. Egypt take steps that threaten not consider threat at all. This means that Individually these developments vary only democracy, but our own security. almost 40 percent of the money is dis- in significance. The Saudi elections, Throughout the 20th Century, Amer- tributed equally to each State as a re- for example, are open only to men, and ica fought to expand the reach of lib- sult of that minimum, about $1.5 bil- the Egyptian reforms could end up erty and democracy, first against Na- lion. Congress needs to do better. being an effort to fend off rather than zism and fascism, and then against So- This year the President’s budget once promote democracy. Collectively, how- viet communism. Now with the dawn of again distributes all the funds based on ever, these stirrings of democracy the 21st Century, we are again faced threat. His fiscal year 2006 budget re- could be the long-awaited beginning of with both the fundamental challenge quest which distributes a little over $1 a seismic shift in the politics of the to our core values and the opportunity billion in State homeland security Muslim world. If so, our national secu- to bring those values to millions of grants is based upon risks, threats, rity will be enhanced. people. Mr. Speaker, we can and must vulnerabilities, and unmet essential For too long, American foreign pol- both meet the challenge and seize the capabilities. icy in the Middle East rested on a opportunity. Let me say what this bill is not. This Faustian bargain with the ruling f bill is not designed to pit one area of elites. Even as the Middle Eastern re- the country against another. It is de- gimes presided over populations who THREAT TO UNITED STATES signed, I think again speaking to the detested them, successive American STILL VERY REAL common sense and conventional wis- administrations provided material and The SPEAKER pro tempore. Under a dom of the American people, to iden- political support. As long as the rulers previous order of the House, the gen- tify where the vulnerabilities are, iden- guaranteed the continued flow of rea- tleman from New York (Mr. FOSSELLA) tify where the threats exist, identify sonably priced oil, we were willing to is recognized for 5 minutes. where the risks are and send the money ignore the turmoil bubbling beneath Mr. FOSSELLA. Mr. Speaker, the to those areas accordingly. them. threat to the United States is still very Why New York City in particular, for To some extent, this policy was real. Just yesterday it became public example, I think is still a target, let us fueled by American policy makers’ be- that one of the terrorists responsible look what happened after the first

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.075 H03PT1 H974 CONGRESSIONAL RECORD — HOUSE March 3, 2005 bombing of the World Trade Center Michael Lopez chose in the criminal feels the age of accountability should that took place in 1993. justice system the career of crime. He be 17 or 18 or 21, there is no precedent In between the bombing in 1993 and started committing violent crimes at in law that the Supreme Court may ar- the tragic day of September 11, there the age of 11. He spent a lot of time in bitrarily say a 17-year-old is a mere was a conspiracy to destroy the Hol- and out of the criminal justice system. child and an 18-year-old is an adult. land and the Lincoln tunnels, the He was a gang member, a drug abuser, The Supreme Court has once again George Washington Bridge, the United committed numerous robberies against promoted the philosophy that America Nations and the Main Federal Building other juveniles, a burglar, and a thug is becoming the land of excusable con- in Lower Manhattan, as well as a plot in his own community. duct in our criminal courts. There to bomb the subway system. The plot Michael Eakin also chose criminal should be consequences for criminal was foiled at the last minute by New justice as a career, but he chose it as a conduct even for 17-year-olds. York City police officers who broke police officer. Their paths crossed on a The Supreme Court has replaced the down the door of two individuals who quiet peaceful night in Houston, Texas, law of the land with its own personal were putting finishing touches on the after Officer Eakin stopped Lopez and opinion and European thought. This is device. his fellow gang members who were an affront to the rule of law, to the Since then major media outlets in cruising Houston, Texas, looking for Constitution, to the 10th amendment. New York City were the subject of an- criminal opportunities. It is an affront to the peace officers in thrax attacks. In February of 2003 a When Officer Eakin stopped the vehi- the United States, and it is an affront seasoned al Qaeda operative named cle, Lopez jumped from the vehicle, to Officer Michael Eakin and his fam- Iyman Faris was in New York City on took off running and Officer Eakin ily. a mission to destroy the Brooklyn made the decision to chase Michael f Bridge. Faris fought alongside bin Lopez. After capturing Lopez, Lopez The SPEAKER pro tempore. Under a Laden, engaged in a battle which in- pulled out a pistol, pointed it at point previous order of the House, the gentle- cluded the wholesale slaughter of Rus- blank range and shot Officer Eakin, woman from California (Ms. WOOLSEY) sian prisoners and helped supply al and then he fled in the darkness of the is recognized for 5 minutes. Qaeda fighters more recently with night. (Ms. WOOLSEY addressed the House. sleeping bags, airline tickets, cash and Lopez was 17 and on probation for Her remarks will appear hereafter in cell phones. criminal offenses. Eakin was 24 and a the Extensions of Remarks.) Nearly 2 years after the destruction rookie police officer. Lopez was f of the Trade Center, Faris was in New charged with capital murder of a police The SPEAKER pro tempore. Under a York City conducting surveillance on officer. In Texas, a 17-year-old is an previous order of the House, the gen- the Brooklyn Bridge. Faris reported adult by State law for criminal law tleman from Oregon (Mr. DEFAZIO) is back to his handlers that ‘‘the weather purposes and not a juvenile. recognized for 5 minutes. is too hot,’’ meaning that security was It is a long-established rule of law (Mr. DEFAZIO addressed the House. too tight for the plot to succeed. He that the States determine the age of His remarks will appear hereafter in was deterred this time. accountability for criminal law pur- New York City nevertheless remains poses. Not the Federal Government, the Extensions of Remarks.) a prime al Qaeda target. not the Federal courts. f Most recently, just before the 2004 I was the judge in the Lopez case, The SPEAKER pro tempore. Under a Republican National Convention in having been a judge for 22 years in previous order of the House, the gen- New York City, two suspected terror- criminal cases. A jury heard the case in tleman from Ohio (Mr. BROWN) is rec- ists were arrested for yet another plot my court. A jury found the defendant ognized for 5 minutes. to destroy the subway system, this Michael Lopez guilty of capital murder (Mr. BROWN of Ohio addressed the time near Herald Square in midtown of a police officer. Court TV even House. His remarks will appear here- Manhattan. showed this on national television. The after in the Extensions of Remarks.) I think it is in our national interest same jury unanimously found the de- f to move this process forward to a point fendant would be a continuing threat The SPEAKER pro tempore. Under a that just makes sense. It is one thing to society in the future. The jury previous order of the House, the gen- for Congress to come together and unanimously found there was no miti- tleman from New Jersey (Mr. PALLONE) compromise how much of the funding gation that would warrant a sentence is recognized for 5 minutes. is distributed among the States and less than death with Michael Lopez. (Mr. PALLONE addressed the House. towns and villages and cities across the The defendant was assessed the death His remarks will appear hereafter in country, for example, agricultural penalty by a jury in 6 hours. During the Extensions of Remarks.) funding or funding for our national se- sentencing I referred to the defendant f curity; but when it comes to the lives as a street terrorist based upon the evi- The SPEAKER pro tempore. Under a of the American people and the mil- dence in the case. On appeal, the high- previous order of the House, the gen- est court in Texas referred to the de- lions of people who come to our shores tleman from Maryland (Mr. CUMMINGS) annually, it is responsible and above fendant as a mean little guy and is recognized for 5 minutes. all it is not a Democrat or Republican upheld the death penalty. (Mr. CUMMINGS addressed the Now the Supreme Court has gotten issue. It is just common sense to send House. His remarks will appear here- involved in these types of cases and de- the money where it is needed the most. after in the Extensions of Remarks.) That is what this bill seeks to do. clared once and for all that no one 17 or f f under can be executed for the crimes that they commit. Citing international The SPEAKER pro tempore. Under a TALE OF TWO YOUNG MEN court decisions and the so-called evolv- previous order of the House, the gen- The SPEAKER pro tempore (Mr. ing United States Constitution, the tleman from New York (Mr. ENGEL) is DAVIS of Kentucky). Under a previous Court yesterday struck down these recognized for 5 minutes. order of the House, the gentleman from types of cases five to four. (Mr. ENGEL addressed the House. His Texas (Mr. POE) is recognized for 5 The Supreme Court of the United remarks will appear hereafter in the minutes. States should not look to foreign Extensions of Remarks.) Mr. POE. Mr. Speaker, I rise today to courts for guidance but to the United f speak about two young men. They both States Constitution because that is The SPEAKER pro tempore. Under a grew up in Houston, Texas. They both what they are sworn to uphold. The Su- previous order of the House, the gentle- grew up without any family support. preme Court once again has discrimi- woman from California (Ms. LEE) is They both were basically raised by oth- nated against victims based upon the recognized for 5 minutes. ers. They were both named Michael. age of the defendant. Whether or not a (Ms. LEE addressed the House. Her And they both chose careers in the person agrees or disagrees with the remarks will appear hereafter in the criminal justice system. death penalty, whether or not a person Extensions of Remarks.)

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.076 H03PT1 March 3, 2005 CONGRESSIONAL RECORD — HOUSE H975 GREEN RIVER KILLER I would be remiss, Mr. Speaker, if I Seattle with a ligature around her The SPEAKER pro tempore. Under did not mention that just last week, as neck, a 15-year-old girl from our com- the Speaker’s announced policy of Jan- most everyone is aware, the so-called munity. uary 4, 2005, the gentleman from Wash- BTK killer was arrested in Wichita, On August 12, 1982, I was called to the ington (Mr. REICHERT) is recognized for Kansas. I think this House should also river for the second body, for the first 60 minutes as the designee of the ma- recognize and congratulate the commu- body was in the sheriff’s jurisdiction. jority leader. nity and the law enforcement/criminal Debra Bonner was found floating in the Mr. REICHERT. Mr. Speaker, I am a justice system in Wichita for bringing river, and she had been strangled. new Member of this body, and I am that case to a close and bringing some Three days later, I was called back to proud and humble to serve the 8th Dis- answers to questions that the families the river once again. A rafter had been trict of the State of Washington. I am of these victims have been asking for floating down the river. He looked on also honored and privileged today to over 25 years. the shore line and thought he had address this body. These monsters are in our commu- found two mannequins. And as he float- My first address is on a very serious nities, and I want to tell the story ed down the river, he got closer and note, but I think it is a necessary one briefly. Sometimes it takes me almost discovered that these mannequins, for us to talk about because it affects 3 hours to go through this, but I have these images, were not mannequins but and impacts the young women and only an hour, so you will get a brief human bodies. children in our community. It is the fu- overview of this case. Let me just tell And as he looked up on the river bank there was a man standing there ture of our country. you about the numbers. For 33 years I had the privilege of and there was a pickup truck parked at 1515 serving in law enforcement in King b a turn-out. And the man on the river County which is the Seattle area of Now, I was 31 years old when I start- bank waved at the man on the raft. Washington State. And I served in a ed this case back in 1982 with the first And they exchanged pleasantries. The number of different capacities, but in victim. But 48 guilty pleas, 44 recov- man on the river bank walked up the one of those capacities I served as the ered victims; four of the victims are bank, drove away in his truck as the lead investigator in the most notorious unidentified, four are still missing. man on the raft waved goodbye. The man on the raft then called the serial killer case in this Nation’s his- This case was open for 7,500 days. Over Police Department. I showed up, and as tory. 90-plus King County detectives worked Mr. Speaker, we had a monster who on this case. 15,500 photographs were I was processing the scene, I found a was stalking our young women and taken. Over 1,500 cassette tapes, over third body on the river bank that we children in our community. These were 10,000 items of evidence were collected. did not know about, that the rafter had young women and children who were Over half a million pieces of paper were not seen. That man on the river bank was the lost; children who were afraid; who in put together. man that we eventually arrested. And I some cases were driven from their Twenty to 30 people worked full-time am not going to say his name today, homes by domestic violence, drug once the arrest was made in our office because I do not want to honor him by for about 6 months to complete the abuse, alcohol abuse, emotional and having his name mentioned in this document imaging process that cost us physical abuse. Some, though, were very historical place and place of nearly $1.2 million. There were 40,000 lured away from their homes by people honor. who preyed on their weakness and suspect tips, almost 13,000, actually The evidence we collected off of their vulnerability. They were lured 40,000 tip sheets on a variety of dif- Wendy Coffield and some of these early into an environment of street life ferent leads, but almost 13,000 tips on victims was very important. This evi- where drugs and alcohol are rampant, different people as suspects. dence was collected in 1982. It came to- where prostitution is rampant; and Imagine working one murder case, gether in 1987. In 1987 we finally got they were told they were going to live having 10 suspects and trying to figure enough evidence together where we the life of luxury, fast money, fast out who out of that 10 is that one per- were able to search the home of the cars, and freedom. Instead, their lives son who committed the murder. We person that we finally arrested. A lot ended. They just ended. The promises have 50 murders and nearly 13,000 sus- of things, pieces of the puzzle started for a better life by these predators were pects. And they ranged from attorneys to come together. We collected hun- all lies. to police officers to people who worked dreds of lists. We collected lists of peo- Our community was gripped by fear for the post office and truck drivers ple who were arrested for patronizing by this monster who literally grabbed and iron workers and every walk of life prostitutes. We arrested people, or we our children by the throat and snuffed that you could think of. actually gathered lists of people who out their lives, their hopes, and their King County Sheriff’s Office spent were arrested for assaulting women dreams. This monster struck at the $2.8 million in 2002 on this case. The during that period of time. We col- very hearts of our communities: our prosecutor’s office spent a million and lected lists of people who were known children. And my purpose today is to a half. The defense spent $2.5 million. to fish in the Green River, who had stand before you, Mr. Speaker, to tell There were 12 prosecutors that worked fishing licenses. We collected lists of this story, to honor the victims so that on this case, a combined team. There people who worked in the area, who we never forget the victims, to remind were almost 20 King County sheriffs lived in the area, who were stopped by us of all the families who are still suf- deputies and detectives and civilians the police in that area. So we collected fering the losses of their loved ones who worked on that case. After the ar- list after list after list. who have been sentenced to a life sen- rest was made, the defense team had And back in those days we had no tence without their loved ones. about 16 team members to their effort. computers. You think about 1982 when Lastly, it is to recognize, Mr. Speak- And all of this for one monster, one de- I started this case, we had no com- er, and officially thank those who fendant, one person who pled guilty to puters. There was no such thing as worked so hard and so long to solve 48 lives. And it is, in my opinion, he DNA. There was no automated finger- this case. The nearly 90 detectives in has killed nearly 75, probably more print identification system, which is an the King County Sheriffs Office which than that. automated system that compares fin- is the lead agency that worked this King County, if you do not know, is gerprints today. Most people are aware case for nearly 20 years, the Seattle in the State of Washington right on of that. In fact, in 1982 I was managing Police Department, the Kent Police Puget Sound. The city of Seattle is the this case on 3 by 5 note cards on a Department, the Washington State Pa- county seat. Green River runs south of Rolodex file. And a lot of times when I trol and the State Patrol Lab; the med- Seattle through the countryside and mention the Rolodex file, especially in ical examiner’s office, the FBI, sci- toward the foot hills of the Cascade junior high or high school classes, a entists, civilian staff, volunteers, ex- Mountains. hand usually goes up and the question plorers, search and rescue, prosecutor’s This case started on July 15, 1982, is asked, Sheriff, what is a Rolodex office in King County led by Norm when the first body, Wendy Coffield, file? That is how far technology has Maleng, and the defense team. was found floating in the river south of come.

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.085 H03PT1 H976 CONGRESSIONAL RECORD — HOUSE March 3, 2005 This case was one of hard work, dedi- And this young girl gets in that car litical cartoon that calls the Green cation, commitment, and let me tell and drives away into the night, never River task force the Green River task you, just pure frustration. The detec- to be seen again. And in some cases, farce. tives, investigators, scientists, and the the victim’s body was not found for And what happened when that kind community involved in helping to months and, in one case, 6 years later, of media attention and that criticism solve this case never gave up. They the body is finally found. would be directed at us, it did not in- were dedicated to solving this case, to And so when you find the victim, you still a lot of confidence in the commu- finding the person responsible for this identify the victim. And then now as nity in our ability, when what we case. an investigator, as the team continues wanted was the people in the commu- There were so many great suspects in to move forward and investigate this nity to cooperate with us and have con- this case. We followed one suspect for case, they have to go backwards in fidence that if they called us, their nearly 3 or 4 months. We discovered time to figure out where this victim leads would be followed up and they that as we looked at each one of these was last seen. would be followed up. suspects that fit the profile that the And if you are lucky enough to figure But they almost got to the point FBI had provided to us to a certain de- out that this was the street corner that where they were hearing that so much gree were so interesting and were such this person disappeared from, then you that they said, why call? They are good suspects that they would use and have to determine who the witnesses never going to catch the guy. They do could use our resources for weeks or were, who was there to watch this hap- not know what they are doing. And months at a time. pen, to watch her drive off into the they may have had that one little bit In 1982, after we found the three bod- night; who might have a description of of information. ies on Sunday, on that following Mon- the suspect vehicle or the suspect. Just to give you a little tip too on day, August 16, we formed the first And when you get back to that street some information on how devious this task force of 25 detectives within the corner, you discover that your wit- killer was, in one case, he killed a sheriff’s office. We thought we had six nesses are street people, homeless peo- young girl, another teenager, left her victims and we worked through 1982. ple who are just trying to take care of body near Sea-Tac Airport. And by the fall of 1982 the administra- themselves, who are paying attention b 1530 tion already started to talk about cut- to their own lives, who in some cases He came back later. He removed her ting back and reducing our effort be- were drug addicts and alcoholics them- skull and transported her body part to cause they felt we had identified the selves. Portland, Oregon. This is a man who suspect. The victims that we needed to iden- had no respect for human life whatso- By the end of 1982, when we thought tify and learn a lot about in most cases ever. It also points out the complica- we had six victims, we actually had 16 had more than one name, five, six, tions of this case when you have a per- young women killed. We did not even seven, eight, nine, 10 different names. son with that kind of a mind trying to know about the other 10 yet. Sometimes we really did not know play tricks on the community and the In 1983 we spent most of our time col- which was their true name until police department, interrupting their lecting bodies, sad to say. Reports of months later. They had different birth abilities and throwing them off in their found skeletal remains were coming in dates, different addresses, different ve- attempts to solve this case. continuously. And so we fell behind in hicles and license plates associated Now, the case went on from 1982 following up our tips. And finally, by with them. They changed their appear- through 1983, 1984, 1985, 1986, 1987, 1988, the end of 1983, a new sheriff was ap- ance. 1989 and 1990 and, finally, the task pointed and he decided, you know The witnesses, if we were lucky again force is down to one person and we are what, it is time to do something. It is to find those witnesses, all fell into waiting for that one piece of evidence; time to investigate this case properly. that same category. It would take us the evidence we collected in 1982 from a He brought a task force together in months, sometimes years, to track ligature of one of the victims floating January of 1984. It was called the en- down a person that we knew as a cer- in the river, some paint spheres; the hanced task force. Because by the end tain name and discover a year later or evidence we collected from the three of 1983 we thought we had 13 victims, 2 years later they were actually an- bodies that I talked about near the when in reality we had 27 women other person, and they had ID belong- river bank and the one on the river killed. So we put together a task force ing to someone else, and they had a to- bank, the DNA. made up of the FBI and some of the tally different appearance. Actually, back then, it was bodily agencies that I had listed earlier, to So again, I want to stress how pa- fluids. We had no concept of what DNA nearly come to a number of 80 inves- tient and how diligent and how per- was. It was never talked about. It had tigators and personnel who were work- sistent the investigators were in this not even been discovered yet as a pos- ing on this case together almost 24 case. And as we moved forward through sible tool in this sort of investigation hours a day, 7 days a week for years. 1984, still in a mode, really, of col- until the late 1980s. And as this case went on, we discov- lecting human remains, and we were In 1987, we searched the home of the ered more bodies. We discovered a body working also on the leads, still falling man we finally killed. And during that of a young woman who was 9 months behind with every discovery of a new search we collected everything we pregnant who met this killer on the body, but hoping that each time we could in that home, in the yard, and we streets. And here, stop and think about found a new human being, a human re- asked him to chew on a piece of gauze. this for a minute. Some people ask why main, hoping that that would be the We took that gauze and we put it in a in the world was this case so hard to case that would supply us with the evi- test tube. And when DNA science fi- solve? dence that we needed to solve this case, nally evolved to the point where we Let me just give you some of the rea- to break this case open. felt it was safe enough to test the sam- sons. Men who are preying on young Now, I want to mention too that we ples that we had collected over the women and young girls on the streets were quite organized during those days. years, we submitted the gauze, we sub- for prostitution have picked the most And I think too, Mr. Speaker, like the mitted the DNA samples from the vic- vulnerable victims in our community, BTK case, I heard the chief of police of tims that I described, and we sub- in our society. Wichita say the other day that some- mitted other DNA samples of five top The only thing they have to do is to times the news media was quite crit- suspects. We submitted those samples drive up on a street corner, roll down ical of the efforts and questioned the and we came back with a match, a the window, open the door and make a capability, ability, and talents of the DNA hit from evidence that was taken deal for sex, and it only lasts a matter law enforcement agencies in that re- in 1987 compared to evidence that was of seconds. And the victim is in the gion. collected by the investigators and car. There is no struggle. There is no We were no different. We were ques- saved; frozen, preserved and stored. screaming. There is nothing that calls tioned and criticized and ridiculed, and We had over 10,000 items of evidence, attention to the exchange that just in some cases to the detriment of the and all of that evidence has been ac- took place. investigation. In fact, there is one po- counted for over these many years.

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.086 H03PT1 March 3, 2005 CONGRESSIONAL RECORD — HOUSE H977 That evidence came together and iden- anyone deserved the death penalty, who have been on the street. These ba- tified a suspect and we arrested this this man deserved the death penalty. bies are placed into homes where they man on November 30, 2001. We had him But one of the things that had hap- have a chance to live a life, a real life, on four counts. pened over the years as we worked with the life that I talked about earlier: A When we arrested him, we drove up the families is we had become friends life of hope, a life with dreams for to his place of work, where he worked with the family members. We were those little girls who have dreams. for 31 years. He was married for over 13 their link to their loved ones. And you know what, it is our duty, years to the same woman. He was a They had questions: Where is my Mr. Speaker, every one of us in this member of the community. People daughter? Is she alive? People were Nation, to protect those dreams, to were shocked, surprised, and amazed still hoping their daughter could be make sure that the hopes and dreams that he was identified as the person re- found. If my daughter is dead, who of our children are not stolen away by sponsible for around 50 deaths. We ar- killed her and why? And, Mr. Speaker, something we might do at home and rested him. We drove up to him and we I would say that every one of us in this not stolen away by someone who lures said, you are under arrest for the mur- room today would say I want to know. them out of our homes with the prom- der of four women connected with the I would want to know. I would want ise of a better life somewhere else. It is Green River cases, and he shrugged his someone to talk to the guy and find our responsibility to step up and act. shoulders and he said, okay. He got out; find out why and where my daugh- People talk about human trafficking, into the police car and we took him to ter is buried. So we did. and it is an international problem. jail. He was not upset. It was not a big We had choices of going forward with Human trafficking is a problem right deal. seven cases and following that through here in this country. It happens on our I share this with you to share a little the court system. We had seven strong Nation’s streets every day. I hope to of his personality. He is a psychopath, cases. But what if he was found not join with my colleagues here in Con- a pathological liar, and has no remorse guilty? Stranger things have happened. gress to begin to make a difference in whatsoever about the lives that he What if he was found guilty and we the lives of our children so that we can took. The women he killed, he killed went to the penalty phase and the jury protect them and they can enjoy a life because he could, and that is what his decided to give him life in prison with- of freedom and safety. answer was to that question. When we out parole. We only had seven cases I want to end, Mr. Speaker, by read- arrested him, we spent 6 months inter- solved. ing a list of each of the victims whose rogating him to try to pull out every We decided to take a chance and lives were taken by this monster in the piece of evidence and all information interview this monster, and we spent 6 northwest: that we could. months, as I said before, 6 months Marcia Fay Chapman; Cynthia Jean There were three other cases we were interviewing him and pulling out every Hinds; and Opal Charmaine Mills. She’s able to charge him with, and that evi- piece of information and fact that we the one I found on the river bank. dence came from microscopic paint could about every one of these cases. Carol Ann Christensen, Wendy Lee spheres. Those paint spheres were col- The last day that I talked to him was Coffield, Gisele Ann Lovvorn, Debra lected in 1982. Let me give one exam- on December 31, 2003, before he was Lynn Bonner, Marcia Fay Chapman, ple. sent to prison. I spoke to him for about Cynthia Jean Hinds, Opal Charmaine I mentioned first the body that took an hour, and I will never forget what Mills, Terry Rene Milligan, and Mary 6 years to find. In September of 1982, a he said to me, the last thing he said. Bridget Meehan. She was the one 9 young woman was missing. We found He said, I have killed 71 and you are months pregnant. her body 6 years later. And as we were too stupid to find the others. And it is Debra Lorraine Estes, Linda Jane processing that scene, we found a piece my belief, as I said earlier, he has prob- Rule, Denise Darcel Bush, Shawnda of cloth at that site where she was bur- ably killed near 80. Leea Summers, Shirley Marie Sherrill, ied. It was decomposing, and it decom- So now you have an idea of the dif- Colleen Renee Brockman, Alma Ann posed to the point where if you were to ficulty of this case. I have really only Smith, Dolores Williams, Gail Lynn try and lift it with your fingers, it scratched the surface of how tough this Mathews, Andrea Childers, Sandra Kay would crumble between your fingertips case was. But the importance of bring- Gabbert, Kimi-Kai Pitsor, Marie and onto the ground. We collected that, ing this case to the floor today, Mr. Malvar, Carol Christensen, Martina put it together, and we saved it. Speaker, is that we must never forget Authorlee, Cheryl Wims, Yvonne In 2002, when the science again was the victims. We must never forget the Antosh, Carrie Rois, Constance Eliza- to the point where they could find families whose pain still is being en- beth Naon, Kelly Marie Ware, Tina those microscopic spheres and compare dured today, and we must always be Thompson, April Buttram, Debbie them to the paint at a trucking com- able to say thank you to the men and Abernathy, Tracy Winston, Maureen pany where this suspect worked as a women in law enforcement, the crimi- Sue Feeney, Mary Sue Bello, Pammy truck painter for 31 years, we were able nal justice system, and those who are Avent, Delise Plager, Kimberly Nelson, to take that paint from that decom- in the forensic science field coming up Lisa Yates, Mary West, Cindy Smith, posing piece of cloth and the paint with new and innovative ways every Patricia Barczak, Roberta Hayes, spheres from a ligature that was on a day to help law enforcement solve Marta Reeves, Patricia Yellow Robe. victim who was floating in the river. these cases, cases like the BTK case. And then there are four others who One might assume that the evidence on And then, as a reminder, we need to have not been identified: Unidentified the victim had been washed away, but stop and think about why these young victim number ten, unidentified victim it still had microscopic paint spheres. ladies are on the street? I mentioned number sixteen, unidentified victim We were able to collect those, have earlier some of the reasons, but what number seventeen, and unidentified them examined by the scientists. can we do about it? Are we willing to victim number twenty. Those microscopic paint spheres in do anything about it? Yes, there are 1987 were also discovered in his locker. people out there working with young f So we have a connection between three people on the street, working with b 1545 victims who had microscopic paint young people who are on drugs and al- spheres attached to them, and we also cohol, and we are trying to make a dif- APPOINTMENT OF MEMBERS TO had microscopic paint spheres that ference there, but it has to start ear- HOUSE OF REPRESENTATIVES were found in his locker at work, which lier. PAGE BOARD connected him back. One of the places that does that in The SPEAKER pro tempore (Mr. Once we had seven cases on him, his Seattle, just south of Seattle in a small DAVIS of Kentucky). Pursuant to 2 attorneys quickly came to us and said town called Kent, where I grew up, is a U.S.C. 88b-3, and the order of the House we want to talk to you. We were hop- place called the Pediatric Intensive of January 4, 2005, the Chair announces ing for that, and I will tell you why. Care Center. This facility takes in ba- the Speaker’s appointment of the fol- Most people might say this man, if bies who have been born to drug-ad- lowing Members of the House to the anyone, and I would agree with this, if dicted mothers, some of these mothers House of Representatives Page Board:

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.088 H03PT1 H978 CONGRESSIONAL RECORD — HOUSE March 3, 2005 Mr. SHIMKUS, Illinois, 5 U.S.C. 801(a)(1)(A); to the Committee on munications Commission, transmitting the Mrs. CAPITO, West Virginia. Agriculture. Commission’s final rule—Amendment of Sec- 1017. A letter from the Congressional Re- tion 73.202(b) Table of Allotments, FM Broad- f view Coordinator, APHIS, Department of Ag- cast Stations. (Security and Genoa, Colo- riculture, transmitting the Department’s LEAVE OF ABSENCE rado) [MB Docket No. 04-367, RM-11070] re- final rule—Karnal Bunt; Revision of Regula- ceived February 9, 2005, pursuant to 5 U.S.C. By unanimous consent, leave of ab- tions for Importing Wheat [Docket No. 02- 801(a)(1)(A); to the Committee on Energy and sence was granted to: 057-2] (RIN: 0579-AB74) received February 24, Commerce. 1028. A letter from the Legal Advisor to the Mr. FORD (at the request of Ms. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. Bureau Chief, Media Bureau, Federal Com- PELOSI) for today. 1018. A letter from the Congressional Re- munications Commission, transmitting the Ms. HARRIS (at the request of Mr. view Coordinator, APHIS, Department of Ag- Commission’s final rule—Amendment of Sec- DELAY) for February 28 and the bal- riculture, transmitting the Department’s tion 73.202(b), FM Table of Allotments, FM ance of the week on account of a fam- final rule—Brucellosis in Swine; Add Arkan- Broadcast Stations. (Corydon and Lanesville, ily emergency. sas, Louisana, and Michigan to List of Vali- Indiana) [MB Docket No. 04-380, RM-11069] re- Mr. LEACH (at the request of Mr. dated Brucellosis Free States [Docket No. 04- ceived February 9, 2005, pursuant to 5 U.S.C. DELAY) for today on account of illness. 103-2] received February 17, 2005, pursuant to 801(a)(1)(A); to the Committee on Energy and 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. f Agriculture. 1029. A letter from the Legal Advisor to the 1019. A letter from the Congressional Re- Bureau Chief, Media Bureau, Federal Com- SPECIAL ORDERS GRANTED view Coordinator, APHIS, Department of Ag- munications Commission, transmitting the By unanimous consent, permission to riculture, transmitting the Department’s Commission’s final rule—Amendment of Sec- address the House, following the legis- final rule—Golden Nematode; Regulated tion 73.202(b), Table of Allotments, FM Areas [Docket No. 04-093-2] received Feb- Broadcast Stations. (Weatherford, Blancard, lative program and any special orders Elmore City, and Wynnewood, Oklahoma) heretofore entered, was granted to: ruary 15, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agri- [MB Docket No. 03-181, RM-10758, RM-11123] (The following Members (at the re- culture. received February 9, 2005, pursuant to 5 quest of Mr. SCHIFF) to revise and ex- 1020. A communication from the President U.S.C. 801(a)(1)(A); to the Committee on En- tend their remarks and include extra- of the United States, transmitting a request ergy and Commerce. neous material:) for FY 2005 supplemental appropriations 1030. A letter from the Legal Advisor to the Bureau Chief, Media Bureau, Federal Com- Mr. SCHIFF, for 5 minutes, today. from the Legislative Branch and the Judicial Branch; (H. Doc. No. 109–14); to the Com- munications Commission, transmitting the Ms. WOOLSEY, for 5 minutes, today. Commission’s final rule—Amendment of Sec- Mr. DEFAZIO, for 5 minutes, today. mittee on Appropriations and ordered to be printed. tion 73.202(b), Table of Allotments, FM Mr. BROWN of Ohio, for 5 minutes, 1021. A letter from the Assistant General Broadcast Stations. (Yazoo City and Benton, today. Counsel for Regulations, Department of Mississippi) [MB Docket No. 04-249, RM-10999] Mr. PALLONE, for 5 minutes, today. Housing and Urban Development, transmit- received February 9, 2005, pursuant to 5 Mr. CUMMINGS, for 5 minutes, today. ting the Department’s final rule—FHA U.S.C. 801(a)(1)(A); to the Committee on En- ergy and Commerce. Mr. ENGEL, for 5 minutes, today. TOTAL Mortgage Scorecard [Docket No. FR- 1031. A letter from the Legal Advisor to the 4835-F-03] (RIN: 2502-AI00) received February Ms. LEE, for 5 minutes, today. Chief, Media Bureau, Federal Communica- 10, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to (The following Members (at the re- tions Commission, transmitting the Com- the Committee on Financial Services. quest of Mr. WELDON of Florida) to re- 1022. A letter from the Assistant General mission’s final rule—Amendment of Section 73.622(b), Table of Allotments, Digital Tele- vise and extend their remarks and in- Counsel for Regulations, Department of vision Broadcast Stations. (El Dorado, Ar- clude extraneous material:) Housing and Urban Development, transmit- kansas) [MB Docket No. 04-282, RM-11042] re- Mr. WELDON of Florida, for 5 minutes, ting the Department’s final rule—Eligibility ceived February 9, 2005, pursuant to 5 U.S.C. today. of Mortgages on Hawaiian Home Lands In- 801(a)(1)(A); to the Committee on Energy and sured Under Section 247 [Docket No. FR-4779- Mr. FOSSELLA, for 5 minutes, today. Commerce. Mr. POE, for 5 minutes, today. F-02] (RIN: 2502-AH92) received February 10, 1032. A letter from the Legal Advisor to the 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the f Chief, Media Bureau, Federal Communica- Committee on Financial Services. tions Commission, transmitting the Com- 1023. A letter from the Secretary, Depart- EXTENSION OF REMARKS mission’s final rule—Amendment of Section ment of Education, transmitting the Depart- 73.202(b), Table of Allotments, FM Broadcast By unanimous consent, permission to ment’s final rule—Scientifically Based Eval- Stations. (Centre Hall, Mount Union, and revise and extend remarks was granted uation Methods (RIN: 1890-ZA00) received Huntingdon, Pennsylvania) [MB Docket No. to: February 2, 2005, pursuant to 5 U.S.C. 03-231, RM-10818] received February 9, 2005, 801(a)(1)(A); to the Committee on Education Mr. SCOTT of Virginia and to include pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and the Workforce. mittee on Energy and Commerce. extraneous material, notwithstanding 1024. A letter from the Director, Regula- the fact that it exceeds two pages of 1033. A letter from the Legal Advisor to the tions Policy and Management Staff, FDA, Chief, Media Bureau, Federal Communica- the RECORD and is estimated by the Department of Health and Human Services, tions Commission, transmitting the Com- Public Printer to cost $1,880. transmitting the Department’s final rule— mission’s final rule—Amendment of Section Secondary Direct Food Additives Permitted f 73.622(b), Table of Allotments, Digital Tele- in Food for Human Consumption [Docket No. vision Broadcast Stations (Thief River Falls, ADJOURNMENT 2003F-0128] received February 10, 2005, pursu- Minnesota) [MB Docket No. 00-163; RM-9934] ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. REICHERT. Mr. Speaker, I move received February 9, 2005, pursuant to 5 on Energy and Commerce. U.S.C. 801(a)(1)(A); to the Committee on En- that the House do now adjourn. 1025. A letter from the Special Counsel, ergy and Commerce. The motion was agreed to; accord- WCB/CPD, Federal Communications Com- 1034. A letter from the Legal Advisor to the ingly (at 3 o’clock and 45 minutes mission, transmitting the Commission’s Chief, Media Bureau, Federal Communica- p.m.), under its previous order, the final rule—Unbundled Access to Network tions Commission, transmitting the Com- House adjourned until Monday, March Elements [WC Docket No. 04-313] Review of mission’s final rule—Amendment of Section 7, 2005, at noon. the Section 251 Unbundling Obligations of In- 73.622(b), Table of Allotments, Digital Tele- cumbent Local Exchange Carriers [CC Dock- vision Broadcast Stations (Appleton, Wis- f et No. 01-338] received February 9, 2005, pur- consin) [MB Docket No. 04-185; RM-10860] re- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ceived February 9, 2005, pursuant to 5 U.S.C. EXECUTIVE COMMUNICATIONS, mittee on Energy and Commerce. 801(a)(1)(A); to the Committee on Energy and ETC. 1026. A letter from the Chief, Policy and Commerce. Under clause 8 of rule XII, executive Rules Division, Federal Communications 1035. A letter from the Secretary, Federal Commission, transmitting the Commission’s Trade Commission, transmitting the Com- communications were taken from the final rule—Revision of Part 15 of the Com- mission’s final rule—Rule Concerning Disclo- Speaker’s table and referred as follows: mission’s Rules Regarding Ultra-Wideband sures Regarding Energy Consumption and 1016. A letter from the Regulatory Contact, Transmission [ET Docket No. 98-153] received Water Use of Certain Home Appliance and Grain Inspection, Packers and Stockyards February 9, 2005, pursuant to 5 U.S.C. Other Products Required Under the Energy Administration, Department of Agriculture, 801(a)(1)(A); to the Committee on Energy and Policy and Conservation Act (‘‘Appliance La- transmitting the Department’s final rule— Commerce. beling Rule’’)—received February 15, 2005, United States Standards for Wheat (RIN: 580- 1027. A letter from the Legal Advisor to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- AA86) received February 15, 2005, pursuant to Bureau Chief, Media Buerau, Federal Com- mittee on Energy and Commerce.

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.090 H03PT1 March 3, 2005 CONGRESSIONAL RECORD — HOUSE H979 1036. A letter from the Secretary, Federal mission’s final rule—Revised Jurisdictional transmitting the Department’s final rule— Trade Commission, transmitting the Com- Thresholds for Section 8 of The Clayton Airworhtiness Directives; Airbus Model A310 mission’s final rule—Labeling Requirements Act—received February 2, 2005, pursuant to 5 Series Airplanes [Docket No. FAA-2004-19560; for Alternative Fuels and Alternative Fueled U.S.C. 801(a)(1)(A); to the Committee on the Directorate Identifier 2004-NM-121-AD; Vehicles—received February 15, 2005, pursu- Judiciary. Amendment 39-13930; AD 2005-01-06] (RIN: ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1047. A letter from the Deputy Secretary, 2120-AA64) received February 24, 2005, pursu- on Energy and Commerce. Securities and Exchange Commission, trans- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1037. A communication from the President mitting the Commission’s final rule—Adjust- on Transportation and Infrastructure. of the United States, transmitting a report ments to Civil Monetary Penalty Amounts 1056. A letter from the Paralegal Spe- including matters relating to the interdic- [Release Nos. 33-8530; 31-51136; IA-2348; IC- cialist, FAA, Department of Transportation, tion of aircraft engaged in illicit drug traf- 26748] received February 10, 2005, pursuant to transmitting the Department’s final rule— ficking, pursuant to Public Law 107–108 22 5 U.S.C. 801(a)(1)(A); to the Committee on the Airworthiness DIrectives; Rolls-Royce plc U.S.C. 2291–4; (H. Doc. No. 109–13); to the Judiciary. RB211 Trent 700 Series Turbofan Engines Committee on International Relations and 1048. A letter from the Chief, Regulations [Docket No. 2000-NE-05-AD; Amendment 39- ordered to be printed. and Administrative Law, USCG, Department 13941; AD 2005-01-16] (RIN: 2120-AA64) received 1038. A letter from the Acting Chief Coun- of Homeland Security, transmitting the De- February 24, 2005, pursuant to 5 U.S.C. sel (Foreign Assets Control), Department of partment’s final rule—Regulated Navigation 801(a)(1)(A); to the Committee on Transpor- the Treasury, transmitting the Department’s Area removal; Brunswick, Georgia, Turtle tation and Infrastructure. final rule—Cuban Assets Control Regula- River, in the vicinity of the Sidney Lanier 1057. A letter from the Paralegal Spe- tions—received February 24, 2005, pursuant Bridge [CGD7-04-153] (RIN: 1625-AA11) re- cialist, FAA, Department of Transportation, to 5 U.S.C. 801(a)(1)(A); to the Committee on ceived February 24, 2005, pursuant to 5 U.S.C. transmitting the Department’s final rule— International Relations. 801(a)(1)(A); to the Committee on Transpor- IFR Altitudes; Miscellaneous Amendments 1039. A letter from the Deputy Assistant tation and Infrastructure. [Docket No. 30437; Amdt. No. 453] received Secretary for Export Administration, De- 1049. A letter from the FMCSA Regulatory February 24, 2005, pursuant to 5 U.S.C. partment of Commerce, transmitting the De- Officer, Department of Transportation, 801(a)(1)(A); to the Committee on Transpor- partment’s final rule—Technical Corrections transmitting the Department’s final rule— tation and Infrastructure. to the Export Administration Regulations Title VI Regulations for Federal Motor Car- 1058. A letter from the Paralegal Spe- [Docket No. 050202022-5022-01] (RIN: 0694- rier Safety Administration Financial Assist- cialist, FAA, Department of Transportation, AD32) received February 17, 2005, pursuant to ance Recipients [Docket No. FMCSA-2002- transmitting the Department’s final rule— 5 U.S.C. 801(a)(1)(A); to the Committee on 13248] (RIN: 2126-AA79) received February 24, Standard Instrument Approach Procedures; International Relations. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Miscellaneous Amendments [Docket No. 1040. A letter from the Deputy Assistant Committee on Transportation and Infra- 30434; Amdt. No. 3113] received February 24, Secretary for Export Administration, De- structure. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the partment of Commerce, transmitting the De- 1050. A letter from the Attorney Advisor, Committee on Transportation and Infra- partment’s final rule—Revision of License RSPA, Department of Transportation, trans- structure. Exception TMP for Activities by Organiza- mitting the Department’s final rule—Pipe- 1059. A letter from the Paralegal Spe- tions Working to Relieve Human Suffering line Safety; Periodic Updates to Pipeline cialist, FAA, Department of Transportation, in Sudan [Docket No. 050209030-5030-01] (RIN: Safety Regulations [Docket No. RSPA-99- transmitting the Department’s final rule— 0694-AD38) received February 17, 2005, pursu- 6106; Amdt. 192-94] (RIN: 2137-AD35) received Standard Instrument Approach Procedures; ant to 5 U.S.C. 801(a)(1)(A); to the Committee February 24, 2005, pursuant to 5 U.S.C. Miscellaneous Amendments [Docket No. on International Relations. 801(a)(1)(A); to the Committee on Transpor- 30433; Amdt. No. 3112] received February 24, 1041. A letter from the Chairman, Federal tation and Infrastructure. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Election Commission, transmitting the Com- 1051. A letter from the Paralegal Spe- Committee on Transportation and Infra- mission’s final rule—Contributions and Do- cialist, FAA, Department of Transportation, structure. nations by Minors [Notice 2005-4] received transmitting the Department’s final rule— 1060. A letter from the Paralegal Spe- February 1, 2005, pursuant to 5 U.S.C. Airworthiness Directives; Raytheon Aircraft cialist, FAA, Department of Transportation, 801(a)(1)(A); to the Committee on House Ad- Company 90, 99, 100, 200, and 300 Series Air- transmitting the Department’s final rule— ministration. planes [Docket No. FAA-2004-19089; Direc- Standard Instrument Approach Procedures; 1042. A letter from the Assistant Secretary torate Identifier 2000-CE-38-AD; Amendment Miscellaneous Amendments [Docket No. for Land and Minerals Management, Depart- 39-13928; AD 2005-01-04] (RIN: 2120-AA64) re- 30436; Amdt. No. 3115] received February 24, ment of the Interior, transmitting the De- ceived February 24, 2005, pursuant to 5 U.S.C. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the partment’s final rule—Oil and Gas and Sul- 801(a)(1)(A); to the Committee on Transpor- Committee on Transportation and Infra- phur Operations in the Outer Continental tation and Infrastructure. structure. Shelf (OCS)—Document Incorporarted by 1052. A letter from the Paralegal Spe- 1061. A letter from the Paralegal Spe- Reference—American Petroleum Institute cialist, FAA, Department of Transportation, cialist, FAA, Department of Transportation, (API) 510 (RIN: 1010-AC95) received February transmitting the Department’s final rule— transmitting the Department’s final rule— 9, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Airworthiness Directives; Boeing Model 747- Standard Instrument Approach Procedures; the Committee on Resources. 100 and -200B Series Airplanes [Docket No. Miscellaneous Amendments [Docket No. 1043. A letter from the Assistant Secretary FAA-2004-18729; Directorate Identifier 2004- 30435; Amdt. No. 3114] received February 24, for Fish, Wildlife and Parks, Department of NM-24-AD; Amendment 39-13931; AD 2005-01- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Interior, transmitting the Department’s 07] (RIN: 2120-AA64) received February 24, Committee on Transportation and Infra- final rule—Endangered and Threatened Wild- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the structure. life and Plants; Final Rule to Designate Crit- Committee on Transportation and Infra- 1062. A letter from the Paralegal Spe- ical Habitat for the Buena Vista Lake shrew structure. cialist, FAA, Department of Transportation, (Sorex ornatus relictus) (RIN: 1018-AT66) re- 1053. A letter from the Paralegal Spe- transmitting the Department’s final rule— ceived February 24, 2005, pursuant to 5 U.S.C. cialist, FAA, Department of Transportation, Airworthiness Directives; McDonnell Doug- 801(a)(1)(A); to the Committee on Resources. transmitting the Department’s final rule— las Model MD-90-30 Airplanes [Docket No. 1044. A letter from the Under Secretary Airworthiness Directives; Boeing Model 747- FAA-2005-20250; Directorate Identifier 2003- and Director USPTO, Department of Com- 100, -200B, -200F, -200C, -100B, -300, -100B SUD, NM-267-AD; Amendment 39-13961; AD 2005-03- merce, transmitting the Department’s final -400, -400D, -400F, and 747SR Series Airplanes 05] (RIN: 2120-AA64) received February 24, rule—Revision of Search and Examination [Docket No. FAA-2004-18601; Directorate 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Fees for Patent Cooperation Treaty Applica- Identifier 2004-NM-34-AD; Amendment 39- Committee on Transportation and Infra- tions Entering the National Stage in the 13933; AD 2005-01-09] (RIN: 2120-AA64) received structure. United States [Docket No.: 2005-P-052] (RIN: February 24, 2005, pursuant to 5 U.S.C. 1063. A letter from the Paralegal Spe- 0651-AB84) received February 1, 2005, pursu- 801(a)(1)(A); to the Committee on Transpor- cialist, FAA, Department of Transportation, ant to 5 U.S.C. 801(a)(1)(A); to the Committee tation and Infrastructure. transmitting the Department’s final rule— on the Judiciary. 1054. A letter from the Paralegal Spe- Airworthiness Directives; Raytheon Aircraft 1045. A letter from the Under Secretary cialist, FAA, Department of Transportation, Company 90, 99, 100, 200, and 300 Series Air- and Director USPTO, Department of Com- transmitting the Department’s final rule— planes [Docket No. 2000-CE-38-AD; Amend- merce, transmitting the Department’s final Airworthiness Directives; Rolls-Royce plc ment 39-13928; AD 2005-01-04] (RIN: 2120-AA64) rule—Changes to Implement the Cooperative RB211-524 Series Turbofan Engines [Docket received February 24, 2005, pursuant to 5 Research and Technology Enhancement Act No. 2004-NE-19-AD; Amendment 39-13917; AD U.S.C. 801(a)(1)(A); to the Committee on of 2004 [Docket No. 2004-P-034] (RIN: 0651- 2004-26-05] (RIN: 2120-AA64) received Feb- Transportation and Infrastructure. AB76) received January 19, 2005, pursuant to ruary 24, 2005, pursuant to 5 U.S.C. 1064. A letter from the Paralegal Spe- 5 U.S.C. 801(a)(1)(A); to the Committee on the 801(a)(1)(A); to the Committee on Transpor- cialist, FAA, Department of Transportation, Judiciary. tation and Infrastructure. transmitting the Department’s final rule— 1046. A letter from the Secretary, Federal 1055. A letter from the Paralegal Spe- Airworthiness Directives; Airbus Model A318, Trade Commission, transmitting the Com- cialist, FAA, Department of Transportation, A319, A320, A321 Series Airplanes Equipped

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\L03MR7.000 H03PT1 H980 CONGRESSIONAL RECORD — HOUSE March 3, 2005 with Air Cruisers/Aerazur Forward and Aft 1074. A letter from the Acting Chief, Publi- unauthorized acquisition of such informa- Passenger Door Emergency Escape Slides cations and Regulations Branch, Internal tion, to amend the Gramm-Leach-Bliley Act [Docket No. FAA-2004-19494; Directorate Revenue Service, transmitting the Service’s to require financial institutions to disclose Identifier 2004-NM-135-AD; Amendment 39- final rule—Testimony or Production of to customers and consumer reporting agen- 13919; AD 2004-26-07] (RIN: 2120-AA64) received Records in a Court or Other Proceeding [TD cies any unauthorized access to personal in- February 24, 2005, pursuant to 5 U.S.C. 9178] (RIN: 1545-BB15) received February 14, formation, to amend the Fair Credit Report- 801(a)(1)(A); to the Committee on Transpor- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the ing Act to require consumer reporting agen- tation and Infrastructure. Committee on Ways and Means. cies to implement a fraud alert with respect 1065. A letter from the Program Analyst, 1075. A letter from the Acting Chief, Publi- to any consumer when the agency is notified FAA, Department of Transportation, trans- cations and Regulations Branch, Internal of any such unauthorized access, and for mitting the Department’s final rule—Certifi- Revenue Service, transmitting the Service’s other purposes; to the Committee on Energy cation Procedures for Products and Parts; final rule—Adjustment to Net Unrealized and Commerce, and in addition to the Com- Type Certificates; Issue of Type Certificates; Built-in Gain [TD 9180] (RIN: 1545-BC29) re- mittees on Government Reform, and Finan- Suplus Aircraft of the Armed Forces; Correc- ceived February 24, 2005, pursuant to 5 U.S.C. cial Services, for a period to be subsequently tion—received February 8, 2005, pursuant to 5 801(a)(1)(A); to the Committee on Ways and determined by the Speaker, in each case for U.S.C. 801(a)(1)(A); to the Committee on Means. consideration of such provisions as fall with- Transportation and Infrastructure. 1076. A letter from the Acting Chief, Publi- in the jurisdiction of the committee con- 1066. A letter from the Program Analyst, cations and Regulations Branch, Internal cerned. By Mr. ADERHOLT (for himself, Mr. FAA, Department of Transportation, trans- Revenue Service, transmitting the Service’s MCCOTTER, Mr. PENCE, Mrs. JO ANN mitting the Department’s final rule—Picture final rule—Last-in, First-out Inventories DAVIS of Virginia, Mr. BACHUS, Mr. Identification Requirements [Docket No. (Rev. Rul. 2005-12) received February 24, 2005, FAA-2002-11666; Amendment No. 61-111] (RIN: RYUN of Kansas, Ms. FOXX, Mr. BAR- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2120-AH76) received January 31, 2005, pursu- RETT of South Carolina, Mr. WAMP, mittee on Ways and Means. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. WILSON of South Carolina, Mr. 1077. A letter from the Acting Chief, Publi- on Transportation and Infrastructure. ROGERS of Alabama, Mr. PITTS, Mr. cations and Regulations Branch, Internal 1067. A letter from the Program Analyst, EVERETT, Mr. CANNON, Mr. SOUDER, Revenue Service, transmitting the Service’s FAA, Department of Transportation, trans- Mr. CANTOR, Mr. PRICE of Georgia, final rule—Tax-Exempt Leasing Involving mitting the Department’s final rule—Air- Mr. MCINTYRE, Mr. WELDON of Flor- Defeasance [Notice 2005-13] received Feb- worthiness Directives; Rolls-Royce Deutsch- ida, Mr. JONES of North Carolina, Mr. ruary 24, 2005, pursuant to 5 U.S.C. land (RRD) (Formerly Rolls-Royce plc) Tay BISHOP of Utah, Mr. HERGER, Mr. 801(a)(1)(A); to the Committee on Ways and 611-8, Tay 611-15, Tay 620-15/20, Tay 650-15, GOODE, Mr. HALL, and Mr. LEWIS of Tay 650-15/10, and Tay 651-54 Turbofan En- Means. Kentucky): gines; Correction [Docket No. 2004-NE-11-AD; 1078. A letter from the Acting Chief, Publi- H.R. 1070. A bill to limit the jurisdiction of Amendment 39-13922; AD 2004-26-10] (RIN: cations and Regulations Branch, Internal Federal courts in certain cases and promote 2120-AA64) received February 8, 2005, pursu- Revenue Service, transmitting the Service’s federalism; to the Committee on the Judici- ant to 5 U.S.C. 801(a)(1)(A); to the Committee final rule—Weighted Average Interest Rates ary. on Transportation and Infrastructure. Update [Notice 2005-19] received February 10, By Mr. DAVIS of Florida (for himself 1068. A letter from the Program Analyst, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Mr. GIBBONS): FAA, Department of Transportation, trans- Committee on Ways and Means. H.R. 1071. A bill to direct the Secretary of Energy to make incentive payments to the mitting the Department’s final rule—Air- f worthiness Directives; Rolls-Royce Deutsch- owners or operators of qualified desalination land (RRD) (Formerly Rolls-Royce plc) Tay PUBLIC BILLS AND RESOLUTIONS facilities to partially offset the cost of elec- 611-8, Tay 620-15, Tay 620-15/20, Tay 650-15, trical energy required to operate such facili- Tay 650-15/10, and Tay 651-54 Turbofan En- Under clause 2 of rule XII, public ties, and for other purposes; to the Com- gines [Docket No. FAA-2004-NE-11-AD; bills and resolutions were introduced mittee on Resources. Amendment 39-13922; AD 2004-26-10] (RIN: and severally referred, as follows: By Mr. HINOJOSA (for himself, Mr. 2120-AA64) received February 8, 2005, pursu- By Mr. ENGLISH of Pennsylvania (for BRADY of Texas, Mr. CULBERSON, Mr. ant to 5 U.S.C. 801(a)(1)(A); to the Committee himself, Mr. VISCLOSKY, Mr. NEY, Mr. AL GREEN of Texas, Mr. GENE GREEN on Transportation and Infrastructure. REGULA, Mr. ADERHOLT, Mr. SOUDER, of Texas, Mr. ORTIZ, Mr. REYES, Mr. DWARDS DDIE ERNICE OHN 1069. A letter from the Program Analyst, Mr. WILSON of South Carolina, Ms. E , Ms. E B J - SON of Texas, Mr. CUELLAR, Mr. GON- FAA, Department of Transportation, trans- HART, Mr. BOEHLERT, Mrs. CAPITO, ZALEZ, Mr. DOGGETT, Ms. JACKSON- mitting the Department’s final rule—Air- Mr. MURTHA, Mr. OBERSTAR, Mr. LEE of Texas, Mr. PAUL, Mr. SAM worthiness Directives; Saab Model SAAB STRICKLAND, Mr. STUPAK, Mr. DIN- JOHNSON of Texas, Mr. SMITH of SF340A and SAAB 340B Series Airplanes GELL, Mr. BERRY, Mr. BONNER, Mr. Texas, Mr. THORNBERRY, Mr. [Docket No. 2002-NM-182-AD; Amendment 39- BURTON of Indiana, Mr. CRAMER, Mr. 13882; AD 2004-24-06] (RIN: 2120-AA64) received MARCHANT, Mr. DELAY, Mr. BARTON DAVIS of Alabama, Mr. DOYLE, Mr. February 8, 2005, pursuant to 5 U.S.C. of Texas, Mr. HENSARLING, Mr. SES- EVANS, Mr. HOLDEN, Ms. KAPTUR, Mr. 801(a)(1)(A); to the Committee on Transpor- SIONS, Mr. BURGESS, Mr. CARTER, Mr. PLATTS, Mr. RUPPERSBERGER, Mr. tation and Infrastructure. GOHMERT, Ms. GRANGER, Mr. HALL, SPRATT, Ms. KILPATRICK of Michigan, 1070. A letter from the Chief, Regulations Mr. MCCAUL of Texas, Mr. Mr. BUTTERFIELD, Mr. HALL, Mr. Branch, CBP, Department of Homeland Secu- NEUGEBAUER, Mr. POE, Mr. CONAWAY, LAHOOD, Mr. BISHOP of Georgia, Mr. rity, transmitting the Department’s final and Mr. BONILLA): CONYERS, Mr. JACKSON of Illinois, Mr. rule—Publication of Administrative For- H.R. 1072. A bill to designate the facility of KILDEE, Mr. RANGEL, Mr. SHIMKUS, feiture Notices [CBP Dec. 05-02] (RIN: 1651- the United States Postal Service located at AA48) received February 16, 2005, pursuant to Mr. GENE GREEN of Texas, Mr. BACH- 151 West End Street in Goliad, Texas, as the 5 U.S.C. 801(a)(1)(A); to the Committee on US, Mr. BRADY of Pennsylvania, Mr. ‘‘Judge Emilio Vargas Post Office Building’’; Ways and Means. BROWN of South Carolina, Mr. BROWN to the Committee on Government Reform. 1071. A letter from the Acting Chief, Publi- of Ohio, Mr. COSTELLO, Mr. LEVIN, By Mr. SAM JOHNSON of Texas (for cations and Regulations Branch, Internal Mr. MOLLOHAN, Mr. MURPHY, Mrs. himself, Mr. NORWOOD, Mr. WILSON of Revenue Service, transmitting the Service’s MYRICK, Mr. ROSS, Mr. RYAN of Ohio, South Carolina, Mr. MARCHANT, Mr. final rule—Administrative, Procedural, and Mrs. JONES of Ohio, Mr. PALLONE, Mr. AKIN, Mr. FLAKE, Mr. SHADEGG, Mr. Miscellaneous (Rev. Proc. 2005-15) received LIPINSKI, Mr. MCGOVERN, Mr. HAYES, KLINE, Mr. ISTOOK, Mr. RYUN of Kan- February 14, 2005, pursuant to 5 U.S.C. Mr. DAVIS of Illinois, Mr. CUMMINGS, sas, Mrs. MUSGRAVE, Mr. PITTS, Ms. 801(a)(1)(A); to the Committee on Ways and and Mr. BISHOP of Utah): FOXX, Mr. CANTOR, Mr. BURTON of In- Means. H.R. 1068. A bill to maintain and expand diana, Mr. WESTMORELAND, Mr. 1072. A letter from the Acting Chief, Publi- the steel import licensing and monitoring TIAHRT, Mrs. MYRICK, Mr. GINGREY, cations and Regulations Branch, Internal program; to the Committee on Ways and Mr. RADANOVICH, and Mr. COLE of Revenue Service, transmitting the Service’s Means. Oklahoma): final rule—Specified Liability Losses [Notice By Ms. BEAN (for herself, Mr. EMAN- H.R. 1073. A bill to amend the Labor-Man- 2005-20] received February 14, 2005, pursuant UEL, Mr. GUTIERREZ, Ms. SLAUGHTER, agement Reporting and Disclosure Act of to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. VAN HOLLEN, Mr. TOWNS, Mrs. 1959 to inform union members of their rights; Ways and Means. MALONEY, Mr. LIPINSKI, Mr. to the Committee on Education and the 1073. A letter from the Acting Chief, Publi- MCDERMOTT, Ms. SCHAKOWSKY, Mr. Workforce. cations and Regulations Branch, Internal BRADY of Pennsylvania, and Mr. By Mr. SAM JOHNSON of Texas (for Revenue Service, transmitting the Service’s DEFAZIO): himself, Mr. NORWOOD, Mr. WILSON of final rule—Return of Partnership Income H.R. 1069. A bill to require Federal agen- South Carolina, Mr. MARCHANT, Mr. [TD 9177] (RIN: 1545-BC04) received February cies, and persons engaged in interstate com- AKIN, Mr. FLAKE, Mr. SHADEGG, Mr. 14, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to merce, in possession of electronic data con- KLINE, Mr. ISTOOK, Mr. RYUN of Kan- the Committee on Ways and Means. taining personal information, to disclose any sas, Mrs. MUSGRAVE, Mr. PITTS, Ms.

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FOXX, Mr. CANTOR, Mr. BURTON of In- of the process by which the Food and Drug Ms. CARSON, Mr. BACHUS, Mr. diana, and Mr. WESTMORELAND): Administration approved such drug, and for GILLMOR, Ms. HARMAN, Mr. ROGERS of H.R. 1074. A bill to enhance notification to other purposes; to the Committee on Energy Michigan, Mr. WOLF, Mr. MCCAUL of union members of their rights under the and Commerce. Texas, Mr. DENT, Mr. PLATTS, Mr. Labor-Management Reporting and Disclo- By Mr. MARKEY (for himself, Mr. WELDON of Pennsylvania, Mr. WILSON sure Act of 1959; to the Committee on Edu- THOMPSON of Mississippi, and Ms. of South Carolina, Mr. DELAHUNT, cation and the Workforce. SCHAKOWSKY): Mr. HOLDEN, Mr. SOUDER, Mr. By Mr. SAM JOHNSON of Texas (for H.R. 1080. A bill to regulate information GILCHREST, Mr. EVANS, Mr. FORBES, himself, Mr. NORWOOD, Mr. WILSON of brokers and protect individual rights with Mrs. LOWEY, Mr. OWENS, Mr. BAKER, South Carolina, Mr. MARCHANT, Mr. respect to personally identifiable informa- Mr. KILDEE, Mr. DOYLE, Mr. AKIN, Mr. FLAKE, Mr. SHADEGG, Mr. tion; to the Committee on Energy and Com- COSTELLO, Mr. UPTON, Mr. MCGOV- KLINE, Mr. ISTOOK, Mr. RYUN of Kan- merce. ERN, Mr. CONAWAY, Mr. BRADY of sas, Mrs. MUSGRAVE, Mr. PITTS, Ms. By Ms. BERKLEY (for herself, Ms. Texas, Mr. CALVERT, Mrs. CAPITO, Mr. FOXX, Mr. CANTOR, Mr. BURTON of In- BORDALLO, Mrs. CHRISTENSEN, Mr. KING of New York, Mr. BARTLETT of diana, and Mr. WESTMORELAND): MCNULTY, Mr. PAYNE, Mr. RANGEL, Maryland, Mr. DUNCAN, Mr. COX, Mrs. H.R. 1075. A bill to provide for civil mone- Ms. SCHAKOWSKY, Mr. WAXMAN, Mr. JOHNSON of Connecticut, Mr. KEN- tary penalties in certain cases; to the Com- HINCHEY, Mr. ABERCROMBIE, Mr. NEDY of Minnesota, Mr. EHLERS, Mr. mittee on Education and the Workforce. WEXLER, Mr. OWENS, Mr. JEFFERSON, MCHUGH, Mr. GOODE, Mr. GARRETT of By Mr. SCHIFF: Mr. GRIJALVA, Mr. BURGESS, Mr. New Jersey, Mr. MCINTYRE, Mr. H.R. 1076. A bill to authorize the President ALLEN, and Mr. CUMMINGS): FOSSELLA, Mr. ETHERIDGE, Mr. to detain an enemy combatant who is a H.R. 1081. A bill to amend the Older Ameri- PAYNE, Mr. MCNULTY, Mr. United States person or resident who is a cans Act of 1965 to provide information and RUPPERSBERGER, Mr. ROSS, Mr. STU- member of al Qaeda or knowingly cooperated outreach for the prevention of osteoporosis; PAK, Mr. BISHOP of Georgia, Mrs. JO with members of al Qaeda, to guarantee to the Committee on Energy and Commerce, ANN DAVIS of Virginia, Mr. FLAKE, timely access to judicial review to challenge and in addition to the Committee on Edu- Mr. REHBERG, Mr. REYNOLDS, Mr. the basis for a detention, to permit the de- cation and the Workforce, for a period to be NORWOOD, Mrs. KELLY, Mr. KUHL of tainee access to counsel, and for other pur- subsequently determined by the Speaker, in New York, and Mr. INGLIS of South poses; to the Committee on the Judiciary, each case for consideration of such provi- Carolina): and in addition to the Committee on Armed sions as fall within the jurisdiction of the H.R. 1088. A bill to remove civil liability Services, for a period to be subsequently de- committee concerned. barriers that discourage the donation of fire termined by the Speaker, in each case for By Mr. BOREN (for himself and Mr. equipment to volunteer fire companies; to consideration of such provisions as fall with- SULLIVAN): the Committee on the Judiciary. in the jurisdiction of the committee con- H.R. 1082. A bill to designate the facility of By Mr. DAVIS of Illinois: cerned. the United States Postal Service located at H.R. 1089. A bill to amend the Higher Edu- By Mr. SHADEGG (for himself and Mr. 120 East Illinois Avenue in Vinita, Okla- cation Act of 1965 to improve the oppor- RYUN of Kansas): homa, as the ‘‘Francis C. Goodpaster Post tunity for Federal student loan borrowers to H.R. 1077. A bill to improve the access of Office Building‘‘; to the Committee on Gov- consolidate their loans at reasonable inter- investors to regulatory records with respect ernment Reform. est rates; to the Committee on Education and the Workforce. to securities brokers, dealers, and invest- By Mr. BOREN (for himself and Mr. By Mr. DEFAZIO (for himself, Mr. WAL- ment advisers; to the Committee on Finan- COLE of Oklahoma): cial Services. H.R. 1083. A bill to amend the Controlled DEN of Oregon, Mr. BLUMENAUER, Ms. By Mr. MARKEY (for himself, Mr. Substances Act with respect to the regula- HOOLEY, Mr. WU, and Mr. GEORGE EMANUEL, Mrs. CAPPS, Mr. GEORGE tion of ephedrine alkaloids, including ephed- MILLER of California): H.R. 1090. A bill to designate a Forest Serv- MILLER of California, Mr. MCNULTY, rine and pseudoesphedrine; to the Committee ice trail at Waldo Lake in the Willamette and Mr. SANDERS): on Energy and Commerce, and in addition to National Forest in the State of Oregon as a H.R. 1078. A bill to strengthen the author- the Committee on the Judiciary, for a period ity of the Federal Government to protect in- national recreation trail in honor of Jim to be subsequently determined by the Speak- Weaver, a former Member of the House of dividuals from certain acts and practices in er, in each case for consideration of such pro- the sale and purchase of Social Security Representatives; to the Committee on Re- visions as fall within the jurisdiction of the sources. numbers and Social Security account num- committee concerned. bers, and for other purposes; to the Com- By Mr. ENGLISH of Pennsylvania: By Mr. BRADLEY of New Hampshire H.R. 1091. A bill to amend the Internal Rev- mittee on Energy and Commerce, and in ad- (for himself and Mr. BASS): enue Code of 1986 to provide for small busi- dition to the Committee on Ways and Means, H.R. 1084. A bill to authorize the establish- ness tax incentives, to amend the Fair Labor for a period to be subsequently determined ment at Antietam National Battlefield of a Standards Act of 1938 to increase the min- by the Speaker, in each case for consider- memorial to the officers and enlisted men of imum wage and to increase the exemption ation of such provisions as fall within the ju- the Fifth, Sixth, and Ninth New Hampshire for annual gross volume of sales made or risdiction of the committee concerned. Volunteer Infantry Regiments and the First business done by an enterprise, and for other By Mr. BARTLETT of Maryland (for New Hampshire Light Artillery Battery who purposes; to the Committee on Ways and himself, Mr. HALL, Mr. WICKER, Mr. fought in the Battle of Antietam on Sep- Means, and in addition to the Committee on MILLER of Florida, Mr. NORWOOD, Mr. tember 17, 1862, and for other purposes; to Education and the Workforce, for a period to SMITH of New Jersey, Mr. WAMP, Mr. the Committee on Resources. be subsequently determined by the Speaker, PITTS, Mr. CHABOT, Mrs. BLACKBURN, By Mr. BURGESS: in each case for consideration of such provi- Mr. BAKER, Mr. FORBES, Mr. WELDON H.R. 1085. A bill to amend title 23, United sions as fall within the jurisdiction of the of Florida, Mr. ROGERS of Alabama, States Code, relating to design-build con- committee concerned. Mr. SHIMKUS, Mrs. JO ANN DAVIS of tracting; to the Committee on Transpor- By Mr. FLAKE (for himself, Mr. PENCE, Virginia, Mr. DAVIS of Kentucky, Mr. tation and Infrastructure. Mr. HUNTER, Mr. PETERSON of Min- AKIN, Ms. HART, Mr. GINGREY, Mr. By Mr. BURGESS (for himself, Mr. nesota, Mr. SENSENBRENNER, Mr. PICKERING, Mr. KING of Iowa, Mr. BARTON of Texas, and Mr. SESSIONS): GORDON, Mr. BURTON of Indiana, Mr. RYUN of Kansas, Mrs. MUSGRAVE, Mr. H.R. 1086. A bill to require the Secretary of MATHESON, Mr. DOOLITTLE, Mr. CAN- ADERHOLT, Mr. INGLIS of South Caro- Transportation to develop and implement an TOR, Mr. SMITH of New Jersey, Mr. lina, Mr. DAVIS of Tennessee, Mr. environmental review process for safety CHABOT, Mr. PAUL, Mrs. JO ANN RENZI, Mr. JONES of North Carolina, emergency highway projects; to the Com- DAVIS of Virginia, Mr. MCCOTTER, Mr. STEARNS, Mr. CANTOR, Mr. mittee on Transportation and Infrastruc- Mr. WILSON of South Carolina, Mr. MCCOTTER, Mrs. MYRICK, Mr. ture, and in addition to the Committee on BOOZMAN, Mr. MCCAUL of Texas, Mr. BEAUPREZ, Mr. FRANKS of Arizona, Resources, for a period to be subsequently AKIN, Mr. BAKER, Mr. BARRETT of Mr. PENCE, Mr. SAM JOHNSON of determined by the Speaker, in each case for South Carolina, Mr. BARTLETT of Texas, Mr. TERRY, Mr. TIBERI, Mr. consideration of such provisions as fall with- Maryland, Mr. BEAUPREZ, Mr. BRAD- DOOLITTLE, Mr. ROGERS of Kentucky, in the jurisdiction of the committee con- LEY of New Hampshire, Mr. BRADY of Mr. SOUDER, Mr. BROWN of South cerned. Texas, Ms. GINNY BROWN-WAITE of Carolina, Mr. KENNEDY of Minnesota, By Mr. BUTTERFIELD: Florida, Mr. CALVERT, Mr. CARTER, Mr. BOOZMAN, Mr. WHITFIELD, Ms. H.R. 1087. A bill to direct the Secretary of Mr. CHOCOLA, Mr. CULBERSON, Mr. FOXX, and Mrs. EMERSON): the Interior to conduct a study of the suit- MARIO DIAZ-BALART of Florida, Mr. H.R. 1079. A bill to provide that the ap- ability and feasibility of establishing the DUNCAN, Mr. EVERETT, Mr. FOSSELLA, proved application under the Federal Food, Northeastern North Carolina Heritage Area Mr. FRANKS of Arizona, Mr. GARRETT Drug, and Cosmetic Act for the drug com- in North Carolina, and for other purposes; to of New Jersey, Mr. GINGREY, Ms. monly known as RU-486 is deemed to have the Committee on Resources. HART, Mr. HERGER, Mr. SAM JOHNSON been withdrawn, to provide for the review by By Mr. CASTLE (for himself, Mr. NEY, of Texas, Mr. JONES of North Caro- the Comptroller General of the United States Mr. GREEN of Wisconsin, Mr. OXLEY, lina, Mrs. KELLY, Mr. KING of Iowa,

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Mr. KLINE, Mr. MCHENRY, Mr. MILLER sonal information, commonly known as KILPATRICK of Michigan, Ms. WOOL- of Florida, Mr. MURPHY, Mr. phishing; to the Committee on the Judiciary. SEY, Mrs. NAPOLITANO, Mr. CONYERS, NEUGEBAUER, Mr. OTTER, Mr. By Mr. HOSTETTLER (for himself, Mr. Mr. LANTOS, Mr. STARK, and Mr. REHBERG, Mr. RYAN of Wisconsin, Mr. WILSON of South Carolina, Mr. PAUL, HOLDEN): SAXTON, Mr. SHUSTER, Mr. SIMPSON, Mr. AKIN, Mr. GARRETT of New Jer- H.R. 1106. A bill to increase the number of Mr. SODREL, and Mr. TERRY): sey, Mr. JONES of North Carolina, Mr. well-trained mental health service profes- H.R. 1092. A bill to require the withholding STEARNS, Mr. PENCE, Mrs. JO ANN sionals (including those based in schools) of United States contributions to the United DAVIS of Virginia, Mr. NORWOOD, Mr. providing clinical mental health care to chil- Nations until the President certifies that the WAMP, Mr. NEUGEBAUER, Mr. BROWN dren and adolescents, and for other purposes; United Nations is cooperating in the inves- of South Carolina, Mr. CANNON, Mr. to the Committee on Energy and Commerce, tigation of the United Nations Oil-for-Food GINGREY, Mr. RADANOVICH, Mr. MAR- and in addition to the Committee on Ways Program; to the Committee on International SHALL, Mr. PITTS, Mr. DAVIS of Ten- and Means, for a period to be subsequently Relations. nessee, Mr. CANTOR, Mr. BACHUS, Mr. determined by the Speaker, in each case for By Mr. FOSSELLA (for himself and BARTLETT of Maryland, Mrs. CUBIN, consideration of such provisions as fall with- Mr. SWEENEY): Mr. RYUN of Kansas, Mr. SAM JOHN- in the jurisdiction of the committee con- H.R. 1093. A bill to amend the USA PA- SON of Texas, Mr. TIAHRT, Mr. WICK- cerned. TRIOT Act of 2001 to change the manner of ER, Mr. HAYES, Mrs. MYRICK, Mr. By Mr. LARSON of Connecticut (for ONYERS ONES allocation of first responder grant funds; to BURTON of Indiana, Mr. GRAVES, Mr. himself, Mr. C , Mrs. J of ASE OLT the Committee on Homeland Security. MILLER of Florida, Mr. ALEXANDER, Ohio, Mr. C , Mr. H , Mr. HIMKUS INCHEY VANS By Mr. FOSSELLA: Mr. BARRETT of South Carolina, Mr. S , Mr. H , Mr. E , CHIFF C ERMOTT H.R. 1094. A bill to amend the Internal Rev- DUNCAN, Mr. CARTER, Mrs. Mr. S , Mr. M D , Mr. RIJALVA EINER enue Code of 1986 to allow individuals who BLACKBURN, Mr. PUTNAM, Mr. G , Mr. W , Mr. THERIDGE RANK served in a combat zone as a member of the ADERHOLT, Mr. MCHENRY, Mr. DAVIS E , Mr. F of Massachu- LYBURN SHOO Armed Forces of the United States to make of Kentucky, Mr. WESTMORELAND, setts, Mr. C , Ms. E , Mr. HERMAN WENS C ULTY distributions from qualified retirement plans Mr. HALL, Mr. LEWIS of Kentucky, S , Mr. O , Mr. M N , ILNER UTTERFIELD beginning at age 55 without being subject to Mr. BOOZMAN, Mr. POE, Mr. ROGERS of Mr. F , and Mr. B ): H.R. 1107. A bill to amend the Individuals the 10-percent additional tax for early with- Kentucky, Mr. SODREL, and Mr. with Disabilities Education Act to provide drawal; to the Committee on Ways and SMITH of New Jersey): Means. H.R. 1100. A bill to amend title 28, United full funding for assistance for education of By Mr. FOSSELLA (for himself, Mr. States Code, to limit Federal court jurisdic- all children with disabilities; to the Com- KING of New York, Mr. FORTUN˜ O, Mrs. tion over questions under the Defense of mittee on Education and the Workforce. MCCARTHY, Ms. HARMAN, Mr. WEINER, Marriage Act; to the Committee on the Judi- By Mr. LYNCH (for himself, Mr. KING Mr. SAXTON, Mr. DAVIS of Illinois, ciary. of New York, Mr. TOWNS, Mr. Mr. MENENDEZ, Mr. BISHOP of New By Mr. HUNTER: MCDERMOTT, Mrs. CHRISTENSEN, Mr. York, Mr. ENGEL, Mr. SHAYS, and Mr. H.R. 1101. A bill to revoke a Public Land MCGOVERN, Mr. ABERCROMBIE, and ACKERMAN): Order with respect to certain lands erro- Mr. CAPUANO): H.R. 1095. A bill to amend the Internal Rev- neously included in the Cibola National H.R. 1108. A bill to establish the National enue Code of 1986 to establish and provide a Wildlife Refuge, California; to the Com- Center on Liver Disease Research, and for checkoff for a World Trade Center Memorial mittee on Resources. other purposes; to the Committee on Energy and Commerce. Fund, and for other purposes; to the Com- By Mr. ISRAEL: mittee on Ways and Means, and in addition H.R. 1102. A bill to amend title 10, United By Mr. LYNCH (for himself, Mrs. to the Committee on Resources, for a period States Code, to protect the financial condi- MALONEY, Mrs. MCCARTHY, Mr. to be subsequently determined by the Speak- tion of members of the reserve components OWENS, Mr. TIERNEY, Mr. er, in each case for consideration of such pro- of the Armed Forces who are ordered to long- MCDERMOTT, Mr. MCGOVERN, and Ms. visions as fall within the jurisdiction of the term active duty in support of a contingency LEE): H.R. 1109. A bill to provide for the security committee concerned. operation, and for other purposes; to the and safety of rail and rail transit transpor- By Mr. GARRETT of New Jersey (for Committee on Ways and Means, and in addi- tation systems, and for other purposes; to himself, Mr. PALLONE, Mr. PAYNE, tion to the Committee on Armed Services, the Committee on Homeland Security, and Mr. FERGUSON, Mr. SMITH of New Jer- for a period to be subsequently determined in addition to the Committee on Transpor- by the Speaker, in each case for consider- sey, and Mr. ANDREWS): tation and Infrastructure, for a period to be H.R. 1096. A bill to establish the Thomas ation of such provisions as fall within the ju- subsequently determined by the Speaker, in Edison National Historical Park in the State risdiction of the committee concerned. each case for consideration of such provi- of New Jersey as the successor to the Edison By Mrs. JOHNSON of Connecticut (for sions as fall within the jurisdiction of the National Historic Site; to the Committee on herself, Mr. HOLT, Mr. EHLERS, Mr. committee concerned. Resources. MCDERMOTT, Mr. OLVER, Mr. By Mr. MARCHANT: By Mr. GARRETT of New Jersey: GILCHREST, Mr. FOLEY, Mr. INSLEE, H.R. 1110. A bill to amend title 23, United H.R. 1097. A bill to amend the Internal Rev- Mr. ENGEL, Mr. BOEHLERT, Mr. States Code, relating to the toll credit to- enue Code of 1986 to reduce the Federal tax PALLONE, Mr. MARKEY, Mr. SANDERS, ward the non-Federal share payable for cer- on fuels by the amount of any increase in the Mrs. DAVIS of California, Mr. SHAYS, tain highway and transit projects; to the rate of tax on such fuel by the States; to the Mr. CASTLE, Mr. ENGLISH of Pennsyl- Committee on Transportation and Infra- Committee on Ways and Means. vania, Mr. GRIJALVA, Mr. CASE, Ms. structure. By Mr. GOODE (for himself, Mrs. JO DELAURO, Mr. UDALL of Colorado, Mr. By Mr. MARCHANT: ANN DAVIS of Virginia, Mr. LAHOOD, LANTOS, Ms. DEGETTE, Mr. MORAN of H.R. 1111. A bill to amend title 23, United Mr. PLATTS, Mrs. CHRISTENSEN, Mr. Virginia, and Mr. VAN HOLLEN): States Code, relating to design-build con- BISHOP of Georgia, Mr. JONES of H.R. 1103. A bill to require accurate fuel tracting; to the Committee on Transpor- North Carolina, Mr. BARTLETT of economy testing procedures; to the Com- tation and Infrastructure. Maryland, Mr. BURTON of Indiana, mittee on Energy and Commerce. By Mr. MARCHANT: Mr. MORAN of Virginia, Mr. PASTOR, By Mrs. JOHNSON of Connecticut (for H.R. 1112. A bill to amend title 23, United Mr. SOUDER, Mr. WOLF, Mr. FORBES, herself, Mr. SHAYS, and Mr. SIM- States Code, relating to rail line acquisition Mrs. DRAKE, Mr. OWENS, Mr. BOU- MONS): and relocation projects; to the Committee on CHER, Mr. HALL, and Mr. GOODLATTE): H.R. 1104. A bill to repeal the Federal ac- Transportation and Infrastructure. H.R. 1098. A bill to amend the Internal Rev- knowledgment of the Schaghticoke Tribal By Mr. MCCRERY (for himself, Mr. enue Code of 1986 to allow individuals to des- Nation; to the Committee on Resources. WELLER, Mr. ENGLISH of Pennsyl- ignate any portion of a refund for use by the By Mrs. KELLY (for herself and Mr. vania, Mr. JEFFERSON, Mr. LEWIS of Secretary of Health and Human Services in SHUSTER): Kentucky, Mr. COLE of Oklahoma, providing catastrophic health coverage to in- H.R. 1105. A bill to amend the National Mr. HERGER, and Mr. NUNES): dividuals who do not otherwise have health Dam Safety Program Act to establish a pro- H.R. 1113. A bill to amend the Internal Rev- coverage; to the Committee on Ways and gram to provide grant assistance to States enue Code of 1986 to provide that natural gas Means, and in addition to the Committee on for the rehabilitation and repair of deficient distribution lines are 15-year property for de- Energy and Commerce, for a period to be dams; to the Committee on Transportation preciation purposes; to the Committee on subsequently determined by the Speaker, in and Infrastructure. Ways and Means. each case for consideration of such provi- By Mr. KENNEDY of Rhode Island (for By Mr. MCCRERY (for himself, Mr. sions as fall within the jurisdiction of the himself, Ms. ROS-LEHTINEN, Mr. ENGLISH of Pennsylvania, Mr. SUL- committee concerned. TOWNS, Mr. OWENS, Ms. MILLENDER- LIVAN, and Mr. BROWN of Ohio): By Ms. HOOLEY (for herself, Mr. MCDONALD, Mr. KIND, Mr. HINCHEY, H.R. 1114. A bill to amend the Internal Rev- ENGEL, and Mr. CASE): Ms. DELAURO, Mr. GUTIERREZ, Mr. enue Code of 1986 to modify the small refiner H.R. 1099. A bill to criminalize Internet LYNCH, Mr. MCNULTY, Mr. MCGOV- exception to the oil depletion deduction; to scams involving fraudulently obtaining per- ERN, Mr. MEEHAN, Mr. PLATTS, Ms. the Committee on Ways and Means.

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By Mr. MCKEON: H.R. 1124. A bill to eliminate the annual Mr. REHBERG, Mr. ROGERS of Michi- H.R. 1115. A bill to amend the Harmonized operating deficit and maintenance backlog gan, Mr. SHIMKUS, Mr. SOUDER, Mr. Tariff Schedule of the United States to clar- in the national parks, and for other pur- UPTON, Mr. WILSON of South Caro- ify the tariff rate for certain mechanics’ poses; to the Committee on Resources, and lina, Mr. ACKERMAN, Mr. CARNAHAN, gloves; to the Committee on Ways and in addition to the Committee on Ways and Mr. EVANS, Mr. GILCHREST, Mr. GOR- Means. Means, for a period to be subsequently deter- DON, Mr. HOLT, Mr. INSLEE, Ms. JACK- By Ms. MILLENDER-MCDONALD: mined by the Speaker, in each case for con- SON-LEE of Texas, Mr. KILDEE, Mr. H.R. 1116. A bill to direct the Secretary of sideration of such provisions as fall within LARSON of Connecticut, Mrs. LOWEY, Homeland Security to carry out activities to the jurisdiction of the committee concerned. Mr. RUSH, Mr. TOWNS, Mr. WEXLER, assess and reduce the vulnerabilities of pub- By Mr. STRICKLAND (for himself and and Mr. KENNEDY of Rhode Island): lic transportation systems; to the Com- Mr. MURPHY): H.R. 1131. A bill to amend the Internal Rev- mittee on Homeland Security, and in addi- H.R. 1125. A bill to amend title XVIII of the enue Code of 1986 to classify automatic fire tion to the Committee on Transportation Social Security Act to eliminate discrimina- sprinkler systems as 5-year property for pur- and Infrastructure, for a period to be subse- tory copayment rates for outpatient psy- poses of depreciation; to the Committee on quently determined by the Speaker, in each chiatric services under the Medicare Pro- Ways and Means. case for consideration of such provisions as gram; to the Committee on Energy and Com- By Mr. WHITFIELD (for himself, Mr. fall within the jurisdiction of the committee merce, and in addition to the Committee on PALLONE, Mr. NORWOOD, and Mr. concerned. Ways and Means, for a period to be subse- STRICKLAND): By Mr. PEARCE: quently determined by the Speaker, in each H.R. 1132. A bill to provide for the estab- H.R. 1117. A bill to amend title 49, United case for consideration of such provisions as lishment of a controlled substance moni- States Code, relating to the assurance re- fall within the jurisdiction of the committee toring program in each State; to the Com- quired of owners and operators of airports concerned. mittee on Energy and Commerce. with respect to long-term leases for con- By Mr. STUPAK (for himself, Ms. By Mr. WOLF (for himself, Mr. LANTOS, struction of hangars; to the Committee on WOOLSEY, Mr. CASE, Mr. DAVIS of Illi- Mr. SMITH of New Jersey, and Mr. Transportation and Infrastructure. nois, Mr. VAN HOLLEN, Mr. KILDEE, PAYNE): By Mr. PETERSON of Minnesota (for Mr. SAXTON, Ms. SCHAKOWSKY, Mr. H.R. 1133. A bill to advance and strengthen himself, Mr. ETHERIDGE, Mr. MCIN- GRIJALVA, Mr. PLATTS, Mr. MCNULTY, democracy globally through peaceful means TYRE, and Mr. ROSS): and to assist foreign countries to implement H.R. 1118. A bill to amend the Federal Crop Mr. GENE GREEN of Texas, Ms. LORET- democratic forms of government, to Insurance Act to establish permanent au- TA SANCHEZ of California, Mr. thority for the Secretary of Agriculture to WELDON of Pennsylvania, Mr. LYNCH, strengthen respect for individual freedom, quickly provide disaster relief to agricul- Mr. HINCHEY, Mr. BUTTERFIELD, Ms. religious freedom, and human rights in for- tural producers who incur crop losses as a re- WASSERMAN SCHULTZ, Mr. SMITH of eign countries through increased United sult of damaging weather or related condi- New Jersey, Ms. SLAUGHTER, Mr. States advocacy, to strengthen alliances of tion in federally declared disaster areas, and CUMMINGS, Ms. SCHWARTZ of Pennsyl- democratic countries, to increase funding for for other purposes; to the Committee on Ag- vania, Mr. JACKSON of Illinois, Mr. programs of nongovernmental organizations, riculture. LANTOS, Mr. LAHOOD, Mr. MARKEY, individuals, and private groups that promote By Mr. PETERSON of Pennsylvania Mr. LEVIN, Ms. CARSON, Mr. MILLER democracy, and for other purposes; to the (for himself, Mr. MCHUGH, Mr. PAUL, of Florida, Mr. BERMAN, Mr. Committee on International Relations. Mr. CASE, Mr. BERRY, Mr. RAHALL, HASTINGS of Florida, Mr. OWENS, Mr. By Mr. SCHIFF (for himself, Ms. ROS- Mr. MATHESON, Mr. BOOZMAN, Mr. KIRK, Mr. PALLONE, Mr. SHAW, Mr. LEHTINEN, Mr. ACKERMAN, and Mr. JOHNSON of Illinois, Mr. SHUSTER, Mr. FITZPATRICK of Pennsylvania, Mr. BERMAN): H. Con. Res. 82. Concurrent resolution ex- SANDERS, Mr. MORAN of Kansas, Mr. EMANUEL, and Mr. GILCHREST): pressing the grave concern of Congress re- SWEENEY, Mr. MICHAUD, Mr. CRAMER, H.R. 1126. A bill to amend the Federal garding the arrest of Ayman Nour, the leader Mrs. CUBIN, and Mr. PETERSON of Water Pollution Control Act to prohibit a of the al-Ghad party, by the Government of Minnesota): publicly owned treatment works from divert- H.R. 1119. A bill to amend title 49, United ing flows to bypass any portion of its treat- the Arab Republic of Egypt and the support States Code, to repeal the essential air serv- ment facility; to the Committee on Trans- of Congress for continued progress toward ice local participation program; to the Com- portation and Infrastructure. democracy in Egypt; to the Committee on mittee on Transportation and Infrastruc- By Mr. TERRY (for himself, Mr. PE- International Relations. ture. TERSON of Minnesota, Mr. By Mr. SMITH of New Jersey (for him- By Mr. RAMSTAD (for himself and Mr. FORTENBERRY, and Mr. OSBORNE): self, Mr. PENCE, Mr. LANTOS, Mr. CARDIN): H.R. 1127. A bill to reauthorize the renew- BURTON of Indiana, Ms. ROS- H.R. 1120. A bill to amend the Internal Rev- able energy production incentive and to pro- LEHTINEN, Mr. WOLF, Mrs. JO ANN enue Code of 1986 to provide that a deduction vide that a qualified renewable energy facil- DAVIS of Virginia, Mr. CHABOT, Mr. equal to fair market value shall be allowed ity shall not be assigned a priority for eligi- PAYNE, Mr. MCGOVERN, Ms. KAPTUR, for charitable contributions of literary, mu- bility or allocation of appropriated funds on Ms. HARRIS, Mr. ENGEL, Mr. KIRK, Mr. sical, artistic, or scholarly compositions cre- the basis of the energy source used at such MCKEON, Mr. AKIN, Mr. BLUMENAUER, ated by the donor; to the Committee on facility; to the Committee on Energy and Mr. UDALL of New Mexico, Mr. BER- Ways and Means. Commerce. MAN, Mr. ROHRABACHER, and Mr. By Mr. RAMSTAD (for himself and Mr. By Mr. THORNBERRY: PRICE of North Carolina): SHAW): H.R. 1128. A bill to amend the Internal Rev- H. Con. Res. 83. Concurrent resolution urg- H.R. 1121. A bill to repeal section 754 of the enue Code of 1986 to allow a credit for carbon ing the appropriate representative of the Tariff Act of 1930; to the Committee on Ways dioxide captured from anthropogenic indus- United States to the 61st session of the and Means. trial sources and used as a tertiary injectant United Nations Commission on Human By Mr. ROGERS of Michigan: in enhanced oil and natural gas recovery; to Rights to introduce a resolution calling upon H.R. 1122. A bill to improve traffic safety the Committee on Ways and Means. the Government of the People’s Republic of by discouraging the use of traffic signal pre- By Mr. UDALL of Colorado: China to end its human rights violations in emption transmitters; to the Committee on H.R. 1129. A bill to authorize the exchange China, and for other purposes; to the Com- the Judiciary. of certain land in the State of Colorado; to mittee on International Relations. By Mr. SABO: the Committee on Resources. By Mr. DAVIS of Illinois: H.R. 1123. A bill to amend title II of the So- By Ms. WATERS (for herself, Mr. H. Con. Res. 84. Concurrent resolution di- cial Security Act to establish an effective LEACH, Mr. FRANK of Massachusetts, recting the Architect of the Capitol to enter real annual rate of interest at 4.7 percent for Mr. BACHUS, Mrs. MALONEY, and Ms. into a contract for the design and construc- special obligations issued to the Social Secu- LEE): tion of a monument to commemorate the rity trust funds; to the Committee on Ways H.R. 1130. A bill to provide for the cancella- contributions of minority women to women’s and Means. tion of debts owed to international financial suffrage and to the participation of women By Mr. SOUDER (for himself, Mr. institutions by poor countries, and for other in public life, and for other purposes; to the BAIRD, Mr. BOEHLERT, Mr. ENGLISH of purposes; to the Committee on Financial Committee on House Administration. Pennsylvania, Mr. FORD, Mr. Services. By Mr. FILNER (for himself and Mr. GRIJALVA, Mr. LEWIS of Georgia, Mr. By Mr. WELDON of Pennsylvania (for ISSA): PLATTS, Mr. REICHERT, Ms. ROS- himself, Mr. BASS, Mr. CANTOR, Mr. H. Con. Res. 85. Concurrent resolution ex- LEHTINEN, Mr. CUMMINGS, Mr. UDALL CLAY, Mr. COSTELLO, Mr. ENGLISH of pressing the sense of the Congress that a of Colorado, Mr. EHLERS, Mr. KILDEE, Pennsylvania, Mr. FITZPATRICK of postage stamp should be issued to honor law Mr. MICHAUD, Mrs. CAPITO, Mr. Pennsylvania, Mr. GALLEGLY, Mr. enforcement officers killed in the line of SCHWARZ of Michigan, Ms. MCCOLLUM HALL, Mr. HINCHEY, Mr. HOLDEN, Mr. duty and that the Citizens’ Stamp Advisory of Minnesota, Mr. DUNCAN, Mr. SNY- HYDE, Mrs. JONES of Ohio, Mrs. Committee should recommend to the Post- DER, Mr. JENKINS, Ms. BORDALLO, and MALONEY, Mr. MCHUGH, Mr. MCIN- master General that such a stamp be issued; Mr. RENZI): TYRE, Mr. OWENS, Ms. PRYCE of Ohio, to the Committee on Government Reform.

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By Mr. HOYER (for himself, Mr. VAN H.R. 21: Mr. DOYLE, Mr. MORAN of Kansas, H.R. 668: Mr. PAYNE. HOLLEN, Mr. WOLF, Mr. WYNN, Mr. Mr. MORAN of Virginia, Mr. KUCINICH, Mr. H.R. 686: Mr. PAYNE. MORAN of Virginia, and Ms. NORTON): NADLER, Mr. RUPPERSBERGER, Ms. SLAUGH- H.R. 687: Mr. GERLACH, Mr. MILLER of Flor- H. Con. Res. 86. Concurrent resolution au- TER, and Mr. SHERMAN. ida, Mr. SOUDER, and Mr. GORDON. thorizing the use of the Capitol Grounds for H.R. 22: Mr. SAXTON and Ms. LEE. H.R. 728: Mr. MILLER of North Carolina. the Greater Washington Soap Box Derby; to H.R. 34: Mr. SIMMONS, Ms. LORETTA H.R. 748: Mr. FORTENBERRY. the Committee on Transportation and Infra- SANCHEZ of California, Mrs. MYRICK, Mr. H.R. 759: Mr. ROTHMAN and Ms. WASSERMAN structure. TAYLOR of North Carolina, Mr. BARRETT of SCHULTZ. By Mr. DREIER (for himself, Mr. PRICE South Carolina, and Mr. REYES. H.R. 765: Mr. BOYD, Ms. GINNY BROWN- of North Carolina, Mr. HYDE, Mr. H.R. 43: Mr. SHAW. WAITE of Florida, Mr. REYNOLDS, and Mr. LANTOS, Mr. KIRK, Mr. BILIRAKIS, and H.R. 68: Mr. BERRY, Mr. BISHOP of New FOSSELLA. Mr. GILLMOR): York, Mr. BLUMENAUER, Mr. BOREN, Mr. H.R. 793: Mr. PALLONE, Mr. WELLER, Mr. H. Res. 135. A resolution providing for the BOUSTANY, Mr. BRADLEY of New Hampshire, PLATTS, Mr. PAUL, Mr. WYNN, and Mr. establishment of a commission in the House Mr. CAMP, Mrs. CAPPS, Mr. CAPUANO, Mr. SCHWARZ of Michigan. of Representatives to assist parliaments in CARNAHAN, Mr. CASE, Mr. CONYERS, Mrs. H.R. 795: Mr. CANNON, Mr. COSTELLO, Ms. emerging democracies; to the Committee on DAVIS of California, Mr. DAVIS of Kentucky, KILPATRICK of Michigan, Mr. DAVIS of Ken- International Relations. Mr. DREIER, Ms. ESHOO, Mr. FARR, Mr. FRANK tucky, Mr. STARK, and Mr. HAYES. By Mr. CONYERS (for himself, Ms. of Massachusetts, Mr. FRELINGHUYSEN, Mr. H.R. 809: Mr. LAHOOD, Mr. BEAUPREZ, Mr. SLAUGHTER, Mr. WAXMAN, Mr. THOMP- GILCHREST, Ms. HARMAN, Mr. HEFLEY, Mr. KING of Iowa, and Mr. MILLER of Florida. SON of Mississippi, Mr. RANGEL, Mr. HINOJOSA, Mr. HOLT, Mr. HONDA, Mr. KUHL of H.R. 812: Mr. FILNER, Mr. WYNN, and Mr. BERMAN, Mr. BOUCHER, Mr. DEFAZIO, New York, Mr. LANTOS, Mr. LATHAM, Mr. PAYNE. Mr. MCDERMOTT, Ms. WATERS, Mr. LOBIONDO, Mr. MOLLOHAN, Mr. MORAN of H.R. 840: Mr. MCDERMOTT. HASTINGS of Florida, Mr. HINCHEY, Kansas, Mr. NEAL of Massachusetts, Mr. NEY, H.R. 846: Mr. LINCOLN DIAZ-BALART of Flor- Mr. NADLER, Mr. SCOTT of Virginia, Mr. OBERSTAR, Mr. RENZI, Mr. SCOTT of Vir- ida and Mr. SHAW. Ms. JACKSON-LEE of Texas, Ms. ZOE ginia, Mr. SENSENBRENNER, Mr. SHIMKUS, Mr. H.R. 859: Mr. ALLEN. LOFGREN of California, Mr. MCGOV- TIERNEY, Mr. UDALL of Colorado, and Ms. H.R. 864: Mr. LEVIN, Mr. SPRATT, Mr. ERN, Mr. SMITH of Washington, Mr. WATSON. PAYNE, and Mr. MCGOVERN. H.R. 865: Mr. BERMAN. WEXLER, Ms. LEE, Mr. WEINER, Mr. H.R. 95: Mr. SESSIONS. H.R. 871: Ms. NORTON and Mr. OLVER. SCHIFF, Mr. CAPUANO, Ms. WATSON, H.R. 147: Mr. BOSWELL, Mr. MCCOTTER, Ms. H.R. 913: Mr. REYNOLDS. Ms. LINDA T. SA´ NCHEZ of California, SCHWARTZ of Pennsylvania, Mr. LEWIS of H.R. 927: Mr. HALL. Mr. VAN HOLLEN, Mr. GEORGE MILLER Kentucky, and Mr. SIMPSON. H.R. 151: Mr. CONYERS, Mr. CLYBURN, Mr. H.R. 958: Mr. BERMAN. of California, Mr. OLVER, and Mrs. SERRANO, Mr. ETHERIDGE, Mrs. JONES of H.R. 984: Mr. GENE GREEN of Texas. MALONEY): H.R. 985: Mr. PASTOR, Ms. DELAURO, Ms. H. Res. 136. A resolution directing the At- Ohio, Mr. OWENS, Mr. MCGOVERN, and Mr. BORDALLO, Mr. DENT, Mr. SHAYS, Mr. HIN- torney General and the Secretary of Home- PAYNE. H.R. 187: Mr. RAHALL. CHEY, Mr. BRADY of Pennsylvania, Mr. CAS- land Security to transmit to the House of H.R. 213: Mrs. MALONEY and Mr. BERMAN. TLE, Mr. MURPHY, Mr. LAHOOD, Mr. MCIN- Representatives not later than 14 days after H.R. 339: Mr. JENKINS. TYRE, Mr. WEINER, Mr. KUHL of New York, the date of the adoption of this resolution H.R. 341: Mr. MATHESON. Mr. KINGSTON, Mrs. CAPITO, Mrs. EMERSON, documents in the possession of those offi- H.R. 342: Ms. WATERS and Mr. WYNN. Mr. PETRI, Mr. BOOZMAN, Mr. LEACH, Ms. cials relating to the security investigations H.R. 356: Mr. PETERSON of Minnesota, Mr. ROS-LEHTINEN, Mr. RAMSTAD, Mr. TOM DAVIS and background checks relating to granting COLE of Oklahoma, Mr. BONNER, and Mr. of Virginia, Mrs. DRAKE, Mr. PETERSON of access to the White House of James D. RADANOVICH. Pennsylvania, Mrs. CUBIN, Mr. LINCOLN DIAZ- Guckert (also known as Jeff Gannon); to the H.R. 358: Ms. VELA´ QUEZ, Mr. COSTELLO, Mr. BALART of Florida, Mr. MARIO DIAZ-BALART Committee on the Judiciary. BAIRD, Mr. TAYLOR of North Carolina, Mr. of Florida, Mr. KIRK, Mr. HEFLEY, Mr. WOLF, By Mr. MORAN of Kansas (for himself, KANJORSKI, Mr. HOLDEN, Mr. JOHNSON of Illi- Mr. SIMMONS, Mrs. JO ANN DAVIS of Virginia, Mr. GOODLATTE, Mr. PETERSON of nois, Mr. PEARCE, Mr. KNOLLENBERG, Mr. Ms. FOXX, Mr. TAYLOR of North Carolina, Mr. Minnesota, Mr. BLUNT, Mr. HAYES, COLE of Oklahoma, Mr. BOEHLERT, Mr. PEARCE, Mr. MILLER of Florida, Mr. HAYES, Mr. LUCAS, Mr. BOEHNER, Mr. PICK- CRENSHAW, Ms. HART, Mr. WILSON of South Mr. PITTS, Mr. HERGER, and Mr. PUTNAM. ERING, Mrs. MUSGRAVE, Mr. BARROW, Carolina, Mrs. BIGGERT, Mr. HOYER, Mr. TOM H.R. 986: Ms. GINNY BROWN-WAITE of Flor- Mr. GRAVES, Mr. OSBORNE, Mr. KING DAVIS of Virginia, Mr. GIBBONS, Mr. DAVIS of ida and Mr. PAYNE. of Iowa, Mr. TERRY, Mr. REHBERG, Kentucky, Mr. COSTA, Mr. CALVERT, Mr. H.R. 1006: Mr. LIPINSKI. Mr. HULSHOF, Mr. WALDEN of Oregon, LATOURETTE, Mr. HOEKSTRA, Mr. VISCLOSKY, H.R. 1039: Mr. MELANCON. Mr. NUSSLE, Mr. PENCE, Mrs. CUBIN, Mr. WOLF, Mr. FOSSELLA, and Mr. DREIER. H.J. Res. 23: Mr. KIND, Mr. OBEY, Mrs. Mr. PETERSON of Pennsylvania, Mr. H.R. 366: Mrs. JO ANN DAVIS of Virginia, TAUSCHER, Mr. SALAZAR, Ms. SOLIS, Ms. EVERETT, Mr. SHIMKUS, Mr. MILLER of Mr. OSBORNE, Mr. MCHUGH, and Mr. NOR- HOOLEY, Mr. TANNER, Mr. DAVIS of Ten- Florida, Mr. PUTNAM, Mr. CULBERSON, WOOD. nessee, Mr. HASTINGS of Florida, Ms. Mr. JENKINS, Mr. GUTKNECHT, Mr. H.R. 458: Mrs. CAPITO. WASSERMAN SCHULTZ, Mr. STRICKLAND, Mr. SIMPSON, Mr. OTTER, Mr. GOODE, Mr. H.R. 478: Mrs. NAPOLITANO, Mr. WEXLER, POMEROY, Mr. KUCINICH, Mr. CLEAVER, Mr. NEUGEBAUER, Ms. FOXX, Mr. SCOTT of Mr. CASE, Mrs. TAUSCHER, Mrs. MCCARTHY, RYAN of Ohio, Mr. MATHESON, Mr. UDALL of Georgia, Mr. NUNES, Mr. ROGERS of and Mr. MCINTYRE. Colorado, Ms. KAPTUR, and Mr. RAHALL. Alabama, Mr. HOLDEN, Mr. HASTINGS H.R. 485: Mr. BISHOP of Georgia. H. Con. Res. 10: Mr. WEXLER. of Washington, Mr. LARSEN of Wash- H.R. 489: Mr. UDALL of Colorado, Mr. H. Con. Res. 34: Ms. LEE, Mr. UDALL of Col- ington, Mr. KENNEDY of Minnesota, BONILLA, Mr. NEUGEBAUER, Mr. HUNTER, Mr. orado, and Mr. STARK. Miss MCMORRIS, Mr. MCCAUL of OSBORNE, Mr. CANNON, Mr. THORNBERRY, Mr. H. Con. Res. 42: Mr. FOLEY, Mr. MCCAUL of Texas, Mr. WESTMORELAND, Mr. RENZI, and Mr. BEAUPREZ. Texas, and Mr. PAYNE. TIAHRT, Mr. MARSHALL, Mr. SKELTON, H.R. 517: Mr. GEORGE MILLER of California, H. Con. Res. 81: Mr. PASCRELL, Mr. DAVIS of Mr. KINGSTON, Mr. BISHOP of Georgia, Mr. RADANOVICH, Mr. BOUCHER, and Mr. Florida, Mr. GENE GREEN of Texas, Mr. WU, Mr. CONAWAY, Mr. BOOZMAN, Mr. BLUMENAUER. Mr. WEXLER, Mr. ACKERMAN, Ms. WASSERMAN H.R. 525: Mr. PEARCE and Mr. COLE of Okla- LATHAM, Mr. ROSS, Mr. BERRY, and SCHULTZ, Mr. ROTHMAN, Mr. ORTIZ, Mr. DAVIS homa. Mr. COLE of Oklahoma): of Tennessee, Mr. CHANDLER, Mr. PALLONE, H.R. 529: Mr. RUSH and Mr. OWENS. H. Res. 137. A resolution expressing the Mr. HASTINGS of Florida, Mr. GUTIERREZ, Ms. H.R. 543: Mr. BROWN of Ohio. sense of the House of Representatives regard- BERKLEY, Mr. MEEK of Florida, Mr. AN- H.R. 552: Mrs. MUSGRAVE, Mr. HYDE, Mr. ing the resumption of beef exports to Japan; DREWS, Mr. ALEXANDER, Mr. WELDON of KLINE, Mr. HALL, and Mr. MILLER of Florida. to the Committee on Ways and Means. Pennsylvania, Mr. SOUDER, Mr. BOEHLERT, H.R. 554: Mr. UPTON. CHWARZ HLERS f H.R. 556: Mr. HINCHEY and Mr. BERMAN. Mr. S of Michigan, Mr. E , Mr. H.R. 558: Ms. ESHOO and Mr. MCINTYRE. GREEN of Wisconsin, Mr. PENCE, Mr. ADDITIONAL SPONSORS H.R. 567: Ms. MOORE of Wisconsin. GOHMERT, Mr. CUNNINGHAM, Mr. DREIER, Mr. Under clause 7 of rule XII, sponsors H.R. 568: Mr. LIPINSKI, Mr. HOLT, Ms. JACK- RENZI, Mr. FOLEY, Mr. MACK, Mr. COX, Mr. PITTS, Mr. FLAKE, Mr. WELLER, Ms. HARRIS, were added to public bills and resolu- SON-LEE of Texas, and Mr. OWENS. H.R. 572: Mr. COSTELLO and Mr. GOODE. Mr. ROHRABACHER, Mr. MCCAUL of Texas, Mr. tions as follows: H.R. 596: Mr. DANIEL E. LUNGREN of Cali- SCHIFF, Mr. LEACH, Mr. HERGER, Mr. BER- H.R. 8: Mr. NUNES, Mr. BOEHNER, Mr. fornia. MAN, Mr. GALLEGLY, and Mr. ENGEL. FEENEY, Mr. FERGUSON, Mr. HALL, Mr. H.R. 616: Mrs. MCCARTHY. H. Res. 16: Mr. UPTON. RADANOVICH, Mr. SCOTT of Georgia, Mr. H.R. 623: Mr. BARRETT of South Carolina. H. Res. 70: Mr. BUTTERFIELD, Mr. MARIO DIAZ-BALART of Florida, Mr. KELLER, H.R. 653: Mr. KIND, Mr. ROSS, Ms. BERKLEY, NEUGEBAUER, Mr. HALL, and Mr. HIGGINS. Mr. KUHL of New York, Mrs. MYRICK, Mr. Ms. HARMAN, and Mr. GEORGE MILLER of H. Res. 84: Mr. CAMP, Mr. PETRI, and Mr. BERRY, and Mr. PUTNAM. California. DAVIS of Kentucky.

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\L03MR7.100 H03PT1 March 3, 2005 CONGRESSIONAL RECORD — HOUSE H985 H. Res. 90: Mr. TOWNS, Mr. OWENS, Mr. H. Res. 101: Mr. KING of New York, Mr. DELETIONS OF SPONSORS FROM WEINER, Mrs. MALONEY, Mr. CHANDLER, Mr. MARSHALL, Mr. FOSSELLA, Mr. SCHIFF, Mr. PUBLIC BILLS AND RESOLUTIONS MCNULTY, and Mr. RUSH. CHANDLER, Mr. DAVIS of Alabama, Mr. PALLONE, and Mr. ISSA. Under clause 7 of rule XII, sponsors H. Res. 97: Mr. KELLER, Mr. WESTMORE- H. Res. 115: Mr. MICHAUD. were deleted from public bills and reso- LAND, Mr. MCCOTTER, Mr. HERGER, and Mr. H. Res. 120: Mr. BURTON of Indiana and Mr. lutions as follows: TIAHRT. WEXLER. H.R. 25: Mr. DAVIS of Kentucky.

VerDate Aug 04 2004 02:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.024 H03PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, THURSDAY, MARCH 3, 2005 No. 23 Senate The Senate met at 9:30 a.m. and was PLEDGE OF ALLEGIANCE its message of inclusivity. The diver- called to order by the President pro The PRESIDENT pro tempore led the sity of its congregation is so much like tempore (Mr. STEVENS). Pledge of Allegiance, as follows: mine at home. Together with inspira- The PRESIDENT pro tempore. The tional sermons come seeds for thought I pledge allegiance to the Flag of the Senate will be led in prayer this morn- United States of America, and to the Repub- to be thought through and digested, ing by our guest chaplain, Rev. Ken- lic for which it stands, one nation under God, and practiced in daily life. Foremost neth Leal Harrington of Hope United indivisible, with liberty and justice for all. among these thoughts, in my mind, is Church of Christ in Alexandria, VA. f how we can make this a better world for all of us. PRAYER RESERVATION OF LEADER TIME I think this is particularly true for The guest Chaplain offered the fol- The PRESIDENT pro tempore. Under Members of Congress in whom a great lowing prayer: the previous order, the leadership time trust has been placed by our constitu- Let us pray. is reserved. ents. Gracious and loving God of all peo- The Senator from Hawaii is recog- As we go through on a daily basis to ple, we give You thanks for the gift of nized. achieve the greatest good for the great- this day, for all the opportunity it f est number, and have succeeded for the holds to know and embrace Your love. most part but been frustrated at times You have given us a world filled with THANKING THE GUEST CHAPLAIN on issues so dear and right in our diversity so that we might never forget Mr. AKAKA. Mr. President, I thank hearts, it is good to open our daily ses- there are varied ways of knowing You. our visiting chaplain, the Rev. Kenneth sion with a prayer and have the spir- We pray along with the evangelist L. Harrington, for giving the opening itual support and guidance of a divine John, that we might love one another prayer this morning, and Chaplain being, to each from his or her own because You have first loved us. Black who joined me to make this pos- faith. In this season of repentance You sible. To end on a lighter note with a ray of offer us freedom and liberation from Rev. Ken Harrington is the popular optimism for the passage of bills that our mistakes and You set us on a path and beloved, respected and well- are near and dear to our hearts, let me of new life. For this gift we give You credentialed pastor of Hope United say that with all the seriousness that thanks. Teach us to seek You in all Church of Christ in Alexandria, my the mission of a church involves, inter- times of our life and to always put You church away from home. Ken is a grad- twined in its spiritual voyage are so- first. Help us never forget that You are uate of the State University of New cial programs. One of Hope’s most pop- the God of second chances. York, Wesley Theological Seminary in ular social events is its annual luau, We pray today for our Senators and Washington, DC, and the Seminary of complete with Hawaiian food and en- the awesome task You have given them Drew University in New Jersey. tertainment. in this service to our great country. Hope Church has been my church An oversold event every year where You have called people throughout away from home for three decades. It congregants and friends thank the the history of our Nation to come to was my good fortune to be invited to Lord for his bounty. this room and make the hard decisions the church many years ago by my late Reverend Harrington, thank you for that will ensure peace and prosperity and cherished friend, Mahina Bailey, being here this morning and thank you for all. For those You have called to be and his dear wife, Linda. Mahina was a for your stewardship of Hope United here in this moment in time, we ask Hawaiian born in Hawaii, who spent his Church of Christ. that You remind them of the need for adult life here. f humility, compassion, and truthfulness Over the years, I have gone to many so that they might accomplish the task services at Hope and have always been RECOGNITION OF THE MAJORITY that is before them. Give them the gift uplifted by the sermons, and since 2000, LEADER of Your wisdom and integrity that will by the inspiring sermons delivered by The PRESIDENT pro tempore. The guide them in their discussions, de- Reverend Harrington. Hope Church is a majority leader is recognized. bates, and dialogues. Help them to re- family-friendly church, dedicated to f call that in all circumstances it is teaching the values of tolerance and Your Holy Spirit that guides them. inclusivity. ORDER OF BUSINESS We offer this prayer in Your Name You can actually see this reflected on Mr. REID. Would the distinguished that unites more than it divides. the diverse faces of its congregation, majority leader yield for a question? Amen. the result no doubt of the sincerity of Mr. FRIST. I yield.

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

S1959

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VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.000 S03PT1 S1960 CONGRESSIONAL RECORD — SENATE March 3, 2005 Mr. REID. Through the Chair, to my SOCIAL SECURITY We talked about this repeatedly in distinguished friend, at 9:45 or there- Mr. FRIST. Mr. President, I have a our own conferences. We have abouts, we are supposed to talk on the brief statement on an issue that is re- interacted with administration offi- mad cow resolution before the Senate. ceiving a lot of attention, a lot of cials. We have interacted with leading We have no morning business, as I un- work, and a lot of engagement, both in experts on the Social Security system. derstand it. I am not going to be here, the Senate and the House of Represent- Our Members are hard at work to fix but I would have a standing objection atives, by the President of the United the underlying problems. That is the to any morning business. We have had States and, indeed, all across America. heart of the challenge in this 70-year- very few amendments completed on the It is on Social Security. old program we will address this year. bankruptcy matter. Maybe the time on When the 109th Congress convened, I So far, I report to the Senate and my morning business could be yielded off stated that our mission in this Con- colleagues that together with the the resolution in opposition to that. gress over the next 2 years would be to President we agree that retirees and It is my understanding the Senator govern with meaningful solutions. near-retirees who entered the system from Iowa is here to speak in morning Working together, both sides of the before the scope of this problem be- business. aisle, we made a fast start, very effec- came so large will not see benefit Mr. GRASSLEY. Five minutes on the tive start, confirming the President’s changes. The retirees or near-retirees beef resolution because I have to go to Cabinet and enacting, 2 weeks ago, will see no benefit changes. a committee meeting. class action legislation. We are making Second, together with the President, Mr. REID. Fine. I want to make sure good progress on the bankruptcy legis- we agree that we must harness the we do not get into extended time on lation, as I just mentioned, and very power of the market and give younger morning business because we do not soon we will be turning our attention Americans the choice— it is vol- have time. to writing the Government’s spending untary—to give them the choice of per- Mr. FRIST. Mr. President, I under- blueprint for the coming year; that is, sonal retirement accounts whose rate stand the Senator from Iowa will speak governing with meaningful solutions. of growth—therefore, we know, ulti- on the resolution. For scheduling pur- Congress, at the same time that ac- mately, the rate of benefits—will grow poses, he will make that statement tivity is going on in the Chamber, is faster than traditional Social Security. even if it is before 9:45. Otherwise, as tackling many problems and will be Third, together, with the President, we have discussed, we will proceed tackling these problems in the weeks we agree that all ideas should be on the after my leader statement to Senator and months ahead, including Social Se- table. It is too early for people to be GRASSLEY and then on to the resolu- curity, which we are engaged on in this drawing rigid lines in the sand. Thus, tion. body every day, whether it is working we encourage people to continue the in our own caucuses or conference or in discussion, the debate, the under- f committees. standing of the issue, and the nature of SCHEDULE Social Security, a critically impor- tant, great program which does serve the problem. Mr. FRIST. Mr. President, this morn- Fourth, together, with the President, as the cornerstone of support for senior ing following the leader time we will we agree that we should act this year proceed to consideration of Senate citizens, now faces challenges that threaten its long-term stability and and not put it off to the future. Joint Resolution 4, which is a dis- For those who insist there is no prob- approval resolution relating to a De- well-being. The facts are there. The facts are crystal clear. They are lem, I simply say, look at the facts. As partment of Agriculture rule regarding people increasingly look at the facts— Canadian cattle. The agreement grounded in demographics that were defined two generations ago. Those de- and we are seeing the response around reached last night provides for up to 3 mographics cannot be changed. the country—people see the problem is hours of debate on the resolution prior What the facts lead to is that in 3 real, that it is significant, and that it to a vote. We hope to be able to yield years, the baby boomers arrive on the is growing. back some of that debate time and vote Social Security rolls. That will begin For those who say we do not need earlier so we can resume consideration an almost 30-year period where we will any action, well, if you have a problem of the bankruptcy bill for further have a doubling of the number of sen- that is growing, it is much easier to progress. iors compared to what it is today—up act now, to take some medicine to cure Last night’s order also allows for two to 77 million Americans who will begin the problem, than to have some radical more stacked votes on bankruptcy-re- to collect those Social Security bene- surgery in the future. lated amendments; therefore, we will fits. We need to test the ideas with regard have three votes today, sometime Second, we all know we have fewer to the scope of the problem and the around noon, depending on the amount and fewer workers paying into the sys- ideas for solutions in that crucible of of time consumed for the disapproval tem, also driven by demographics. public debate. We need to put them to resolution. In other words, we hope as Forty years ago we had 16 people pay- a vote. We must let the people ulti- much of that can be yielded back as ing in for every retiree. Today we have mately judge. possible after debate on the resolution. three people paying in for every re- I say all this so people will know that Once those votes are completed, I ex- tiree. In 20 or 30 years, we will only our majority is hard at work, every pect the Senate will stay on the bank- have two paying into the system. day, on this vital issue. In consultation ruptcy bill through the day and pos- Those facts cannot be changed. with the administration and the House sibly into the evening. We will con- With this President, this Congress, of Representatives, we will continue to tinue to have votes this afternoon and the 109th Congress, is facing this chal- bring before the Senate meaningful so- into the evening as necessary to move lenge. The challenge is to fix Social Se- lutions that will make a difference in toward passage of this bill. We have curity for seniors and for near-retirees the lives of our seniors. The assurances made great progress on the bill thus and for that next generation. We need of Social Security should be guaran- far. We had five amendments yester- to do it, and we will do it this year— teed. To be able to guarantee those as- day. We look forward to many amend- this year—and not next year. We are surances, we must diagnose the prob- ments today so we can bring this very working toward that goal. lem, and then we must act. We must soon to a resolution. By the end of In just the past 2 months, the major- govern with meaningful solutions, and today, I hope we will have some indica- ity has worked aggressively and thor- that is exactly what this Congress will tion as to when we can complete the oughly to fully understand the nature do. bankruptcy legislation. of the problem. We have worked hard Mr. President, I yield the floor. Members should plan their day today to begin to engage the American people The PRESIDENT pro tempore. Does around what will be a very busy session in a dialog about the program. In town the Senator from Iowa seek recogni- today in that although we will be in meetings all across the country, we tion? session in all likelihood tomorrow, we have put some of the best minds at Mr. GRASSLEY. Mr. President, with will not be having rollcall votes tomor- work to create solutions. That activity the permission of the Senator from row. We have a lot of work to do. is underway. Georgia, I yield myself 5 minutes.

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.002 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1961 Mr. CHAMBLISS. No objection. purity in international trade is going The illustrious chairman of the Fi- The PRESIDENT pro tempore. The to be questioned by other countries. nance Committee went into great de- Senator is recognized for 5 minutes. The second point is that, during this tail about the trade issues and the fact f very same period of time when we have that the rule change is based on sound been having this problem with Canada science. That is a lot of what I want to JOINT RESOLUTION ON as to whether their meat is safe to talk about initially this morning. DISAPPROVAL come into the country, we have also First, I think we need to understand Mr. GRASSLEY. Mr. President, I rise been trying to negotiate with the Japa- exactly what the resolution seeks to to speak on the resolution that comes nese because we had one mad cow case disapprove of today. On January 4, 2005, before us disapproving the actions of and the Japanese and other countries the U.S. Department of Agriculture the Department of Agriculture on the are not taking our beef. We have been published its final rule regarding fur- importation of Canadian beef into the working over the last several months ther reopening of the U.S. border for United States. But in doing so, I do not to get Japan to take our beef based beef imports from Canada. This rule denigrate the efforts that are being upon the principle that we are fol- designates Canada as the first ‘‘mini- made to have a debate on a legitimate lowing the sanitary and phytosanitary mal-risk region’’ for bovine spongiform public policy issue, but to put it in con- rules, on a scientific basis, for making encephalopathy, otherwise known as text. sure our meat is safe for the Japanese BSE. I will not try that long word First, from the standpoint of my consumers. We do not want to get our- again. We are going to call it BSE. It is chairmanship of the Senate Finance selves into a position where we are due to become effective on this Mon- Committee with jurisdiction over going to ignore the science of the safe- day, March 7, 2005. The original rule international trade, I think this is ty of meat in Canada versus— would have allowed bone-in beef from something for which we have developed The PRESIDING OFFICER (Ms. MUR- cattle of any age and live cattle under policies over the last couple decades, KOWSKI). The Senator’s time has ex- 30 months of age. where we have worked very hard to see pired. The U.S. Department of Agriculture that several rights can be preserved. Mr. GRASSLEY. Madam President, I conducted two rounds of public com- One, probably basic to this debate, is will finish one sentence, if I could. ment and received over 3,300 comments obviously the sovereign right of any Mr. CHAMBLISS. I am happy to on the proposed rule. Over a period of country to make sure that it does not yield the Senator an additional 30 sec- months, USDA considered these com- in any way allow products into the onds. ments, and responses were published country that would in any way hurt Mr. GRASSLEY. We do not want to with the final rule. The final rule es- the health and safety of the consumers get ourselves in a position of having tablishes criteria for geographic re- of that particular country. I think the Japanese say to us our meat is not gions to be recognized as presenting every trade agreement takes that into safe even though it is shown to be safe minimal risk of introducing BSE into consideration. based on sound science. Since we want the United States. Within the last 10 or 15 years, we our beef to go to Japan because it is USDA utilized the OIE, which is the have worked very hard and have in- safe, then, obviously, if meat is safe International Office of Epizootics, the cluded in our trade agreements rules coming in from Canada, it has to be re- international body that deals with ani- concerning sanitary and phytosanitary ceived as well. mal diseases worldwide. Again, this measures. These rules require that f will be referred to as the OIE. The science, as opposed to political science, USDA utilized the OIE guidelines, be the basis upon which we base deci- PROVIDING FOR CONGRESSIONAL which recommend the use of risk as- sions as to whether a product is safe to DISAPPROVAL OF THE RULE sessment to manage human as well as enter the U.S. market. SUBMITTED BY THE DEPART- animal health risks of BSE, as a basis So I hope during this debate that we MENT OF AGRICULTURE RELAT- in developing final regulations defining keep in mind that we do have commit- ING TO RISK ZONES FOR INTRO- Canada as a minimal-risk country. ments to rely on science when making DUCTION OF BOVINE The final rule places Canada in the determinations as to whether products SPONGIFORM ENCEPHALOPATHY minimal-risk category and defines the are safe. Hopefully, each country re- The PRESIDING OFFICER. Under requirements that must be met for the spects that. Particularly the United the previous order, the Senate will pro- import of certain ruminants and rumi- States, being a leader in the rule of law ceed to the consideration of S.J. Res. 4, nant products from Canada. Under the in international trade, ought to do which the clerk will report by title. USDA definition, a minimal-risk re- that. But we expect every country that The assistant legislative clerk read gion can include a region in which ani- comes under the WTO to do exactly the as follows: mals have been diagnosed with BSE same, and the same holds with other A joint resolution (S.J. Res. 4) providing but where sufficient risk mitigation trade agreements. We also, of course, for congressional disapproval of the rule sub- measures are in place to reduce the reserve the right to make sure our food mitted by the Department of Agriculture likelihood of the disease’s introduction is safe. under chapter 8 of title 5, United States into the United States. For the debate we are in now, I hope Code, relating to risk zones for introduction On January 2, 2005, Canada confirmed we remember that if it had not been for of bovine spongiform encephalopathy. its second domestic case of BSE, and a mad cow disease in Canada, there The PRESIDING OFFICER. Under third case 9 days later. The USDA sent would never be any such discussion be- the previous order, there will be up to a technical team to Canada on January fore the Senate because over a long pe- 3 hours for debate equally divided. 24, 2005, to investigate Canada’s adher- riod of time we had imports of beef The Senator from Georgia. ence to the ruminant, ruminant feed from Canada, and we have been export- Mr. CHAMBLISS. Madam President, ban. The results of that investigation ing our red meat and other food prod- I rise today in opposition to the resolu- were favorable, finding that the Cana- ucts to Canada. So if we had not had tion and in support of the rule as pro- dian inspection program and overall mad cow disease in Canada, then we posed by the U.S. Department of Agri- compliance to the feed ban were good. would not be debating this issue. culture. I do this, first of all, with The technical team’s epidemiological So when it gets to the issue of wheth- great appreciation of the efforts of my report investigating possible links of er mad cow disease is an issue with Ca- colleagues to bring this resolution for- the positive animals is still pending. nadian beef coming into the country, ward. But I must encourage my col- In response to this, on February 9, then let’s remember that decision leagues to vote against this resolution. 2005, Secretary Johanns announced ought to be made strictly on the sound This is not the time to pull the plug USDA would delay the implementation science of whether that meat is safe. If on a rulemaking process that is rooted of that part of the rule allowing for we are going to make a political deci- in the best available science and, in- older bone-in beef—that is beef in ex- sion in place of a scientific decision as stead, to be guided by the concerns cess of 30 months old—because the to whether Canadian beef should come that seem to be less about science than technical team’s investigation in Can- into the country, then, of course, our about trade advantages. ada would not be complete by March 7.

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.004 S03PT1 S1962 CONGRESSIONAL RECORD — SENATE March 3, 2005 The current rule now allows imports Canada and the United States tells us This means that those processing from Canada of bone-in beef and live that the safeguards in place are pro- jobs and all the added carcass value are cattle under 30 months of age intended tecting animal health also. USDA– now increasingly in Canada and no for immediate slaughter. APHIS has conducted multiple inves- longer in the United States. This may On January 24 of this year, USDA tigations into Canada’s ruminant-to- have especially significant impact on sent a team to Canada to assess the ruminant feed ban compliance since U.S. processors in the Pacific North- adequacy of Canada’s current ruminant the May 2003 border closure, and all west who have relied on Canadian cat- feed ban, as previously stated. On Feb- scientific, risk-based evidence has tle to keep their plants open. In recent ruary 25, USDA published their report, pointed to resuming beef and cattle months, several U.S. companies have and in this report USDA stated: trade with Canada. announced that they are suspending [T]he inspection team found that Canada They have concluded that the Cana- operations or reducing hours of oper- has a robust inspection program, that over- dian ruminant feed ban, which took ef- ation due to the tightening cattle sup- all compliance with the feed ban is good, and fect simultaneously with our own feed plies and lack of an export market. If that the feed ban is reducing the risk of ban, is effective in preventing the in- we keep our border closed to Canadian- transmission of BSE in the Canadian cattle troduction and amplification of BSE in slaughtered cattle and bone-in car- population. both Canadian and U.S. cattle herds. casses, then their meat will still come Furthermore, the report notes the We can choose to go down the road of to the United States as boneless cuts obvious fact that: trade protection or we can continue to because that is already happening with [T]he Canadian feed ban is not substan- trust the best science available. I en- or without this rule. But the added tially different than the U.S. feed ban. courage us to stick with sound con- value and jobs that could be in the Those who want to seriously question sensus science. United States will increasingly be kept the adequacy of the Canadian BSE con- On January 17 of this year, the Na- in Canada. trols should keep in mind that Canada tional Cattlemen’s Beef Association Agricultural trade is vital to main- almost perfectly mirrors the controls sent a delegation of producers and sci- taining a robust agricultural economy in place in the United States. The con- entists to Canada to evaluate the effec- in the United States. The future of ag- trols for BSE in the United States are tiveness of that country’s BSE control riculture in this country, the future of sufficient and, according to all the data efforts. The National Cattlemen’s Beef ranching depends upon our ability to available, the similar controls in Can- Association is the largest beef producer export the finest quality of agricul- ada are also sufficient. organization in the United States, rep- tural product of anybody in the world. We should keep in mind also that the resenting both beef producers as well As the world’s largest trading partner, question regarding Canadian beef and as processors. The outcome of the we must base our trade decisions on cattle imports is not a food safety NCBA review published on February 2 sound science. We have the most to issue. I repeat, it is not a food safety affirms their confidence that the Cana- lose when nontariff trade barriers are issue. It is an animal health issue. dian BSE safeguards are adequate. enacted. That is what we are talking about Regarding the Canadian feed ban, the USDA has made resumption of inter- today. NCBA Delegation concluded: national trade in U.S. beef a high pri- BSE is not spread by contact between The Canadian feed industry appears to be ority. The United States and Japan people or animals. Safeguards are in in compliance with its feed ban, based on vis- have held consultations and agreed place in both the United States and ual inspections and multiple annual audit re- that the trade in beef between the two Canada to ensure that no potentially ports. countries should resume given certain infectious material would ever make it They also concluded that Canada’s conditions and modalities. We have to into the human food supply, period. BSE surveillance and proposed import remember that our beef exporting Internationally accepted science requirements related to animal health trade with Japan has been discontinued maintains that the removal of certain were sufficient to protect the U.S. cat- due to the fact that we found one cow specified risk materials that contain tle herd, if the border with Canada is in the United States with BSE, al- the prions that cause BSE eliminates opened even further. though it turns out that cow originated the disease’s infectivity. Canada has While we would never want to formu- in Canada and came into the United adopted SRM removal requirements late U.S. policy merely based on the States. that are virtually identical to current practices of another country, it is in- Japan is one of our largest markets, U.S. regulations. structive to note that domestically and it is a critical market for us to re- In addition, while the Canadians do produced beef consumption in Canada open. USDA is in the midst of negotia- not view tonsils in cattle under 30 is up, not down. It is clear that Cana- tions today for the reopening of that months as SRMs, the U.S. requires that dians are not shipping beef to us that market. Taiwan has also agreed in all meat exported from Canada to the they don’t choose to eat themselves. principle to resume imports of U.S. United States have the tonsils removed In 2003, the last year for which num- beef and beef products. Removal of re- pursuant to U.S. regulations. bers are available, Canadian beef con- strictions by some of our major Asian Finally, the Food Safety Inspection sumption increased 5 percent to 31 trading partners is on the horizon. Service, FSIS, has audited a number of pounds per person per year. Indications In 2003, we exported $1.3 billion worth Canadian plants and found them to be are that consumption in 2004 will be of beef products to Japan, $814 million in compliance with U.S. BSE require- just as strong if not stronger. We can worth of beef to South Korea, and $331 ments, including SRM and small intes- be confident that the beef exports from million to Canada. In 2004, after the tine and tonsil removal. Canada presently underway and the one BSE positive cow was found in Since all potentially infectious mate- ones proposed by USDA’s rule don’t Washington State, we exported essen- rials are removed from every animal constitute dumping unwanted product tially zero dollars’ worth of beef prod- old enough to theoretically exhibit the in our market but are composed of the ucts to Japan and South Korea and $98 disease, both in the United States and same beef that Canadian consumers million worth of beef to Canada. These Canada, it should be clear that this is recognize as wholesome and are buying countries are aware of our rulemaking an animal health debate only. We are in increasing quantities. and are watching how we address this all committed to maintaining the high- In the past, a large percentage of Ca- issue with Canada. We have a huge est standards of human health protec- nadian cattle came to the U.S. proc- stake in seeing worldwide trade in beef tion. We have those already today, and essing plants for further value-added resume on the basis of sound science we will still have those standards after processing and to provide sufficient rather than on trade protectionism. this rule takes effect. livestock numbers to keep in business Make no mistake, we are sending a Regarding the issue of animal health, many U.S. plants near the northern very powerful message today with our the OIE has affirmed that Canadian border. Since the closure of the U.S. actions on this resolution to all of our BSE control efforts have resulted in a border to Canadian beef, the Canadian trading partners. For countries prohib- very low risk of BSE in their cattle processing capacity increased by 22 iting beef imports from the United herd. The best available science in both percent in 2004 alone. States, whether we continue to adhere

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.006 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1963 to sound science in our dealings with colleague of mine understand: They are tions could be made. This has left us Canada could influence their future ac- going to be responsible for the votes with no option, other than this process, tions toward our beef. Canada has met they cast today. The risk that is being to stop a bad rule from becoming effec- our minimal risk standards, and we run here is significant. tive on March 7. must adhere to the policy dictates of Let me remind my colleagues what We all know a judge has issued an in- sound science or face others using arbi- happened in Europe when mad cow dis- junction against the rule, but none of trary standards toward us. ease got loose on their continent. One us can know when the judge might Currently, there is a suit filed in U.S. hundred forty-eight people died in Eng- withdraw his injunction. Our obliga- district court in Billings, MT, chal- land alone. Nearly 5 million head of tion and our responsibility is clear. lenging USDA’s BSE minimal risk re- livestock were slaughtered in that This rule can go forward on March 7 gion rule. Yesterday, after a hearing, a country. They found 183,000 head that absent our action. Reopening the bor- temporary injunction was granted were infected, and they believe there der under the conditions provided in staying the implementation of the were 2 million head of livestock in- the rule poses, I believe, grave safety final rule and ordering the two parties fected in England alone that they were risks for our consumers, serious eco- to sit down and agree to a schedule for not able to complete tests on because nomic risks for the U.S. cattle indus- a trial which must take place in the of the magnitude of the crisis. try, and it complicates our efforts to short term because of this being a tem- This vote may be critically impor- reopen export markets. porary injunction. At this point in tant to the health of consumers and to BSE is an extremely dangerous dis- time it would be wise to allow the the health of an entire industry. Make ease. As I indicated earlier, after it was court proceeding to play out. It would no mistake. When the question is first identified in England in 1986, Eng- be premature to pass this resolution science, that is precisely what this de- land suffered nearly 150 deaths from and interfere with the operations of bate is about. Is, in fact, science being this disease. Nearly 5 million head of that court. We can always come back used by our neighbors to the north or livestock were slaughtered. Around the after the judicial proceedings are fin- are they simply putting regulations on world, additional human deaths from ished and express our disapproval. It is the books that are not enforced? Creutzfeld-Jacobs disease have been appropriate for us to allow the third The record is clear and the facts will linked to BSE. So we must be very cau- branch of Government to finish their demonstrate conclusively, Canada is tious before we consider opening our review of this rule, and we should not not enforcing their own regulations border to imports from a country usurp the judiciary on this matter. that are based on sound science. But if known to have BSE. In summary, according to the best you don’t enforce the regulations, if Again, this is not a matter of specu- science available in our hands today, you don’t do the inspections, what does lation. We know they have mad cow further opening of the U.S. border to it mean? What does it mean to have on disease in that country. Since the Eu- Canadian bone-in beef and cattle under the books regulations that are based on ropean outbreak, scientists from 30 months of age does not pose a seri- sound science if they are not enforced? around the world have been engaged in ous threat to the U.S. beef herd. It cer- I introduced S.J. Res. 4 on February efforts to learn more about the disease. tainly does not increase the risk of 14 pursuant to the Congressional Re- They have developed methods to test, human BSE exposure. Recent evalua- view Act. It is a resolution to dis- control, and eradicate BSE. Through tions of the Canadian cattle industry approve of the final rule produced by the international organization for ani- by the NCBA indicate that there is not USDA that designates Canada as a mal health, known as the OIE, experts a wall of cattle that will flood into the minimal risk region for BSE or mad have designed science-based standards U.S. market from Canada should this cow disease. for the safe trade of beef products and rule go into effect. Let’s review the facts. Canada al- live cattle from countries that have, or The Canadian Government, USDA, ready has four known cases of mad cow may have, BSE. and the NCBA have all reviewed the disease. That is not speculation. That In particular, because BSE is trans- Canadian BSE safeguards and found is not based on some wondering about mitted through livestock feed contami- them sufficiently robust and protective what is happening in Canada. That is nated with animal protein containing for trade to be expanded as this rule based on facts, four known cases. In ad- BSE, it is critical that countries adopt proposes. Beef exported from Canada dition, they have one case of a cow im- measures to ensure that animal protein has to meet the same science-based ported from England positively tested and other specified risk materials are standards that have been successfully for mad cow disease. So this is not not present in cattle feed. That is what protecting our consumers and beef pro- some theoretical discussion we are hav- is so important to understand here. ducers for many years. ing today. They have mad cow disease. This is a matter of what is in the feed It has been stated before—and I re- It is demonstrated. that the cattle are eating. The OIE peat—that Americans are blessed with Now the question is, Should we run guidelines require a ban on cattle feed the most abundant, affordable, and the risk of opening our border to live- containing meat and bone meal from safest food supply in the world. The ac- stock imports from Canada when the cattle be in effect for 8 years as the pri- tion we take today will not make our evidence, I believe, demonstrates clear- mary means to reduce the likelihood of food supply safer. It merely enforces ly they are not enforcing their regula- BSE infecting cattle. and encourages the actions of those tions to reduce the risk to them and to Unfortunately, the USDA does not who would restrict trade with meas- us? appear to have followed OIE guidelines ures not related to sound science. I am taking this action because open- in developing its rules. Canada’s ban I encourage my colleagues to say yes ing our border to Canadian cattle and went into effect in August of 1997; that to sound science by saying no to this expanded beef product imports at this is less than 8 years ago. Even then, the resolution today. time is risky and, I believe, premature. Canadian rules allowed for potential I yield the floor. Allowing the USDA rule to go forward BSE contaminants that were in the The PRESIDING OFFICER (Mr. EN- could have very serious consequences feed manufacturing and marketing sys- SIGN). The Senator from North Dakota. for the human and animal health in tem. Unfortunately, the way the Cana- Mr. CONRAD. Mr. President, I thank this country. dians put their rule into effect, it al- the Chair and the chairman of the Ag- Let me be perfectly clear. It has lowed potential BSE contaminants to riculture Committee. I respect the never been my intent to keep the bor- work their way through the industry. chairman of the committee, but on this der with Canada closed on a permanent Moreover, with respect to Canada, issue we have a profound difference. basis. Over the last several weeks, I USDA has not done a thorough evalua- Let me alert my colleagues and their and many of my colleagues from both tion to ensure that Canada’s cattle feed staffs who are watching, this is going sides of the aisle have raised concerns is not contaminated with animal pro- to be a consequential vote. We are only about this rule. Unfortunately, those teins. spending 3 hours on this issue this concerns have fallen on deaf ears. The The U.S. has appropriately blocked morning because we are operating Secretary of Agriculture has refused to cattle imports from Canada since Can- under special procedures. But let every withdraw the rule so sensible modifica- ada confirmed its first case of BSE in

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.008 S03PT1 S1964 CONGRESSIONAL RECORD — SENATE March 3, 2005 May of 2003. Concerns were only 3 years. The most recent cow discov- These alerts—every single one of heightened when BSE was confirmed in ered with the disease was discovered them—are still in force today. Are we a dairy cow of Canadian origin in after the Canadian ban on animal pro- going to run the risk here of opening Washington State in December of 2003. teins in cattle feed was put forward. this border before we can be confident This case resulted in many important What does this tell us? I believe it that Canada is enforcing their own reg- U.S. trading partners banning the im- tells us the Canadian ban has been inef- ulations? portation of U.S. cattle and beef, a sit- fective. It is not just my belief; we Finally, Canada has recently imple- uation that continues today. have evidence from Canada’s own in- mented new rules to further restrict Let me make this clear. When our spection service. Let’s put up the first the use of animal protein in livestock friends say we have to open our border chart, if we could. This is from the feed, as well as in fertilizer. so others will open their borders to us, Vancouver Sun, December 16, final edi- Listen to this: Canada’s own jus- you have it backwards. The reason tion: tification for tightening its regulations other countries have closed their bor- Secret tests reveal cattle feed contami- is to reduce the potential for the cross- ders to our exports is because of their nated by animal parts: Mad cow fears spark contamination of livestock feed prod- concern about our allowing imports review of ‘‘vegetable-only’’ livestock feeds. ucts and fertilizers with animal protein from Canada, when they have known It says that according to internal Ca- that might contain the BSE prions. To cases of BSE, and when it is quite clear nadian Food Inspection Agency docu- me this suggests clearly that even Ca- that Canada is not enforcing their reg- ments—obtained by the newspaper nadian officials are concerned that the ulations to prevent additional out- through the Access to Information enforcement and compliance with ex- breaks of this serious disease. Act—70 feed samples labeled as vege- isting regulations may be inadequate. So it is very important that we and table-only were tested by the agency As I noted in a letter I sent with Sen- between January and March of 2004. Of USDA move slowly, cautiously, and de- ator HARKIN, Senator JOHNSON, and those, 41, or 59 percent, were found to liberately, and evaluate all possible Senator SALAZAR to the Secretary of risks before reopening our border to contain undeclared animal materials. Agriculture, there is concern that not This is the risk being run if this bor- Canadian cattle. But the USDA rule enough time has elapsed to be certain der is open to Canadian cattle on doesn’t do this. In particular, Canada that Canada’s education, surveillance, March 7 of this year. We know what has not effectively implemented meas- and testing measures are truly indic- happened in Europe. In England alone, ures to contain and control BSE for 8 ative of their level of BSE risk. 146 people died. Nearly 5 million head years, as required by the OIE. More- The bottom line is this: Canada has over, USDA has applied a very loose of livestock were slaughtered. Canada has 4 known cases of mad cow disease, not achieved the necessary level of and flexible interpretation to the spe- compliance to justify designating it as cific recommendations developed by and their own inspection service finds that in 59 percent of the cases where a minimal risk region. Their failure to the OIE. they have done testing, material that enforce their own BSE measures could In fact, it appears that Canada has have serious consequences if USDA not dedicated the necessary resources was not supposed to be present was present—the very material that can proceeds to reopen the border. for enforcement and compliance within What is the risk? First and foremost, a large part of its feed manufacturing lead to the disease. Are we going to run the risk of allowing that to come into it could create potential dangers for industry. Colleagues, staffs who are lis- consumers in this country. The Con- tening, hear this well. There are nearly the United States? On February 2, 2005, 1 month ago, the sumer Federation of America has reg- 25,000 noncommercial, on-farm feed Canadian Food Inspection Agency fi- istered concern about the ramifications mills in Canada that produce about 50 nally issued a report concerning these for consumer health and safety if the percent of Canada’s livestock feed. very serious charges. Of 65 Canadian border reopened and support this reso- Canada has inspected only 3 percent of samples that received further testing, lution. They said: these facilities over the last 3 years. 54 cases containing animal protein The Department of Agriculture’s rule to This is a gaping hole in their compli- were determined to be proteins that open the border to Canadian cattle and cat- ance program. were not prohibited. That is good news. tle products under 30 months of age is decid- Let me repeat for anybody who Unfortunately, in 11 cases, or 17 per- edly less stringent than the international missed it the first time. In Canada, standards put forth by the [IOE]. cent, Canada could not rule out the there are 25,000 on-farm feed mills that . . . [I]t is important that USDA recon- presence of prohibited material. sider its push to open the Canadian border are producing feed. Only 3 percent have Since October 2003, our own Food and been inspected in the last 3 years. Are and reexamine the risks that such an action Drug Administration has issued 19 im- may pose to the U.S. consumers. we going to bet the lives of American port alerts concerning imported Cana- consumers, bet the economic strength It is not just the consumer groups dian feed products that are contami- that are concerned. Agricultural of an entire industry on that kind of a nated with illegal animal proteins. review regime? Is that what we are groups are concerned as well because Eight of these import alerts against this would not only pose a danger to going to do today? I hope not. Canadian livestock feed manufacturers Since USDA announced its final rule our consumers but to an entire indus- are still in force. try. designating Canada as a minimum-risk I am getting very able assistance by The National Farmers Union and R– region for BSE, Canada has confirmed my colleague from Kansas, Senator CALF USA have expressed strong sup- two additional BSE cases. Let me re- ROBERTS. That is high-class help. peat that. Since USDA proclaimed Can- Let me repeat this because it is im- port for the resolution because of their ada to be minimal risk, two more cases portant for my colleagues to under- concern about ensuring the continued of mad cow disease have been discov- stand. Since October of 2003, our own safety and integrity of our domestic ered. The most recent one is particu- FDA has issued 19 import alerts con- cattle industry. This is what the Farm- larly disturbing, because it involves a cerning Canadian feed products con- ers Union has said: cow born several months after Canada taminated with illegal animal protein. . . . National Farmers Union President . . . implemented its ban on animal pro- Eight of those import alerts are still in issued the following statement. teins in cattle feed. Again, let me re- force. Here they are: Muscle tissue in ‘‘We believe it is inappropriate to proceed peat that. The most recent case of mad with reopening the border at this time given feed, where it is not supposed to be; Canada’s most recent discoveries of BSE cow disease in Canada is in a cow that muscle tissue and blood material in positive cattle and the uncertainty of how was born after Canada implemented its feed, where it is not supposed to be; many additional cases will be detected. ban on animal proteins in cattle feed. May 10, 2004, muscle tissue and blood I urge members of the United States Sen- Let’s connect the dots. Four cases of material in feed, where it is not sup- ate to support and cosponsor this important mad cow disease in Canada and an ad- posed to be; February 5, 2005, mamma- resolution.’’ ditional one of a cow imported to Can- lian bone and bovine hair in feed; Octo- R–CALF USA said: ada from Britain. Half of the Canadian ber 28, 2003, suspect muscle tissue and United States cattle producers should not feed industry has been inspected in unidentified animal hairs; April 6, 2004, be excluded from protections afforded by the only 3 percent of the cases over the last blood and bone material present. more rigorous science-based BSE standards

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.010 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1965 recognized throughout the world as nec- resume trade when he learned of these may do as of today on this vote. The essary to effectively manage the human serious issues. But it now appears that international science—I mean inter- health and animal health risks associated the only way to stop this rule is for national science in every country con- with BSE. Congress to block it. Therefore, I hope cerned—says our cattle under 30 Our major export markets have re- my colleagues will join me in sup- months of age are safe and not at risk mained closed to U.S. beef exports, porting this resolution of disapproval. for BSE. Yet we have agreed to not even though there has been no indige- At the very least, we ought to delay send meat from any animals under 20 nous case of BSE in the United States. this rule from being put into effect months of age to Japan. Still that mar- Compared to 2003, our beef product ex- until we have a better sense of what is ket remains closed to the United ports are off by over 82 percent. Let’s happening in Canada. There is an in- States. connect the dots. We have four cases of vestigation ongoing. Why ever would The market is not closed because of BSE, mad cow, proven in Canada. We we decide to go forward and open this scientific concerns. It remains closed have none in the United States. And border before our own investigation is because of internal Japanese politics, yet countries we export to have re- complete? and that is a fact. But we are moving mained closed to us. Why? Because of Let me conclude as I began by saying forward, and I am hopeful that by con- the risk they see from Canadian cattle to my colleagues, this is a consequen- tinued pressure from the administra- coming into our market and being then tial vote. None of us know precisely tion—from the President, the Sec- further shipped to them. how great the risk is. What we can say retary of State, everybody who has Here is what has happened to our with some certainty is there is risk, been in contact with the Japanese Gov- U.S. beef exports: in 2003, $3.2 billion, and the consequences of a failure to get ernment, and this Congress, many down to under $600 million in 2004. this right could be enormous. I hope Members of Congress—we can somehow Prior to the discovery of BSE in Can- my colleagues think very carefully reopen that market, we can expedite ada, Canada’s total live product and about this vote. that process. beef product exports to the U.S. I thank the Chair and yield the floor. But today, be careful what you ask amounted to over $2.2 billion. In 2004, Mr. CHAMBLISS. Mr. President, I for. We will take a giant step backward their exports to the United States were yield 10 minutes to the distinguished in our efforts to reopen markets to cut in half, $1.2 billion. Senator from Kansas, Mr. ROBERTS. Japan—or, for that matter, anywhere— U.S. ranchers and our cattle industry The PRESIDING OFFICER. The Sen- if we vote to approve this resolution. have suffered greater trade losses in ator from Kansas. The same international science and our overseas markets than Canada has Mr. ROBERTS. Mr. President, I guidelines that say that U.S. beef and experienced because of U.S. limitations thank the chairman for yielding. animals under 30 months of age are on their sales. In fact, our losses have I rise today in opposition to the joint safe also say that the beef and animals been twice as big as theirs. resolution that has been brought for- in Canada under 30 months are safe as I believe that reopening the border ward by the distinguished Senator well. That is the international stand- now before we have reached agreement from North Dakota. This is a great ard. That is the sound science stand- on reopening our export markets will ‘‘while I’’ speech. While I share the ard. only give our trade partners a further Senator’s concern, while I share his If we vote today to approve this reso- excuse to delay reopening these crit- sense of frustration, while I share his lution, the United States will be taking ical markets for U.S. producers. sense of making sure that our beef is the same actions as the Japanese. I am We heard earlier a reference to the safe from BSE, I cannot support the not going to say it is based on politics. National Cattlemen’s Beef Association, resolution. I know all of the concerns of my col- which, prior to the new cases of BSE in I am from Dodge City, KS. This is a leagues who are up on the northern Canada, supported reopening the bor- town that began during the cattle border and the long history of those der. They have recently adopted a new drives of the Wild West days and which disputes. But we are going to be basing policy. It requires 11 conditions to be still bases much of its economy on the our decision on those concerns instead met before we designate Canada as a beef industry. You cannot have any- of sound science. I fear it will have minimum-risk region. Of those condi- body more interested, more vitally both short-term and long-term rami- tions, only three will be met under the concerned about the beef industry than fications. In the near term, it will un- current rule. this Member. In fact, the number of doubtedly set us back in our efforts to Let’s be clear, the National Cattle- cattle in Ford County, where Dodge reopen the Japanese export market. men’s Association has outlined 11 spe- City is located, far outnumbers the How can we argue that they are not cific items that need to be met. Only citizens of the county. I used to say basing their decisions on sound science three of them have been under the rule. they were in a lot happier mood. if we cast a vote that is not based on And it is not just a national issue. My Not only is the beef industry king in the same sound science? We have staff- State perhaps has as much at stake as Ford County, Dodge City, southwest ers today meeting, Agriculture Com- any. The North Dakota State Legisla- Kansas, and the State of Kansas, it is a mittee staffers, under the direction of ture recently passed a resolution urg- huge industry representing over $5 bil- the distinguished chairman, with am- ing that our border with Canada re- lion in annual revenues. We are a State bassadors from Japan. If we vote on main closed for live cattle and beef with 6.65 million head of cattle com- this today, why meet? What kind of product trade. My legislature is over- pared to a human population of 2.6 mil- progress could we possibly make? Long whelmingly Republican—overwhelm- lion. Cattle represented 62 percent of term, how can our negotiators in this ingly. They adopted this resolution the 2003 Kansas agriculture cash re- Congress argue in the international overwhelmingly, saying keep this bor- ceipts, and the processing industry arena that all agricultural issues—not der closed until you can assure us and alone employs over 18,700 Kansans. We just this issue—including biotech assure our people that it is safe. They rank in the top three of virtually every crops, beef hormones, food safety, and have made a determination that no- major beef statistic. There are few any number of other issues should be body can give that assurance today. issues as important to the people of based on sound science if we ourselves The recent announcement by Sec- Kansas as the issue of how we handle vote on the concerns of individuals? retary Johanns to restrict the importa- actions that are related to BSE. I have heard some Members talk tion of Canadian beef products to those Prior to the discovery of BSE in the about they are going to vote for this from cattle under 30 months of age is a United States in December 2003, Kansas because they worry about the lumber step in the right direction; however, was one of the top exporters of beef to that is coming in from Canada. Are we the announcement does not address the the Japanese market. Since that fate- about to open a trade war? I am con- unresolved concerns about Canada’s ful day in December of 2003, Kansas and cerned about that. But this is not the compliance with its own feed regula- U.S. beef producers have been locked way to approach it. tions. out of the Japanese market. I understand the concerns of many of It was my hope that our new Sec- We should not still be locked out of our producers and of my colleagues retary would withdraw the proposal to that market by taking action like we who support this resolution. Senator

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.012 S03PT1 S1966 CONGRESSIONAL RECORD — SENATE March 3, 2005 CONRAD—I affectionately call him the The PRESIDING OFFICER. The Sen- anese consumer concerns. I fail to see agriculture program policy chart man ator from South Dakota. how allowing the importation of Cana- because he has, at last count, 4,153 Mr. JOHNSON. Mr. President, I dian cattle and products from cattle charts he has brought to the floor since thank my colleague from North Da- under 30 months of age into the United I have had the privilege of serving kota for his leadership on this crucial States, 10 months older than American here—is really a champion explaining issue before the Senate today. beef that could be potentially exported rudimentary agriculture program pol- I rise to speak on an issue of enor- to Japan, can possibly be beneficial for icy, not only to colleagues but to all mous significance to consumers, pro- regaining consumer confidence in who watch these proceedings. ducers, and ranchers in my home State Japan or for maintaining consumer So I understand his concern. I did op- of South Dakota and all across Amer- confidence in the United States. pose the entry of beef from animals ica. The U.S. border is scheduled to be At one point, we were exporting over 30 months of age because it did thrown open on March 7, 2005, to Cana- about 10 percent of our beef to foreign not make any sense to allow that beef dian live cattle and other assorted bo- nations, the Japanese being the largest in the United States if we would not vine products. While the rule was modi- buyer of American beef abroad. The allow any cattle over 30 months due to fied to ensure that live cattle and beef Japanese, because of their own experi- safety concerns. That is a given. imports come from animals under 30 ences with mad cow disease and human The international science and guide- months of age, which is a modestly disease in that nation, are understand- lines are clear on this issue. Animals helpful adjustment, I retain profound ably very concerned that if they buy under 30 months and meat from those concerns about the lack of scientific beef from another country, they want animals is safe. If we vote for this reso- basis for the decision to throw open the that beef to, in fact, come from a non- lution today, we will turn our back on border and feel that the timing of this BSE country. It is the United States the longstanding U.S. position in all administration decision could not pos- that jeopardizes our export market by international trade negotiations. We sibly be worse for consumers and pro- throwing open the doors to a huge tidal are going to hurt our efforts to reopen ducers alike. wave of Canadian animals into the the Japanese market. We will be set- We have seen four instances of BSE United States, mixing the whole herds ting a very dangerous precedent for fu- in cattle of Canadian origin, while the together and then selling that export ture trade policy battles, and Lord United States has not experienced even product or attempting to sell that without being able to identify whether knows we are going to have those with one indigenous case. In fact, two of we are, in fact, selling Canadian prod- the WTO ruling brought by Brazil. these cases were detected after the De- We have too much at risk to base partment of Agriculture released their uct or American product to the Japa- this decision, no matter how difficult it final rule. I think those numbers be- nese or anyone else. It is no wonder that throwing open this border is going may be, no matter how strong our feel- come even more troubling when we to further jeopardize what is already a ings may be, on the politics and the compare the annual slaughter popu- difficult circumstance for American ex- passion of the moment. The long-term lations or total animals slaughtered in porters. future of the U.S. beef industry may that time frame. Then for American producers, they There is an overwhelming difference very well turn on this action we take wind up with a double whammy. The when our neighbors to the north today. I fear that this vote in favor of Canadian import into the United slaughter roughly less than 10 percent this resolution will send a negative States is roughly equivalent to about message that will come back to haunt of the U.S. slaughter population and 10 percent of our herd, while we lose us on this issue and many other agri- yet they have all of the indigenous and further jeopardize an export mar- culture trade matters for years to BSE. I am concerned that the Depart- ket that had been 10 percent of our come. I do not think we can allow that ment of Agriculture’s rule is not based herd. That is a 20-percent swing jeop- to happen. So I respectfully disagree all on sound science, and I agree, ardizing consumer confidence in the with the Senator from North Dakota science ought to be the determining United States and having the potential and I urge the defeat of this resolution. factor. to have devastatingly negative con- I yield back whatever time I have re- The USDA has chosen instead to sequences for livestock producers in maining. adopt weaker standards in their final America. The PRESIDING OFFICER. The Sen- rule. Animals entering the United I think the time is overdue, and ator from North Dakota. States will not and cannot be tested for USDA should spend more time being Mr. CONRAD. Mr. President, I have BSE and there are no safeguards avail- concerned about American livestock great respect for the Senator from able to United States producers to re- producers and a little less time being Kansas. He is my friend. I profoundly lieve the effect of the millions of Cana- concerned about the viability of Cana- disagree with him about the conclu- dian cattle lined up at our border. dian livestock producers, given the sion. I think the risks run the opposite The final rule establishes minimal- kind of public health and the export way. We want Japan to open their mar- risk regions for BSE and recognizes consequences this opening the border ket to us? Then we better be able to as- Canada as a minimal-risk region. How- will entail. sure them that our market and our ever, that rule fails to recognize the We lost a $1.7 billion export market supplies are safe. I believe the evidence internationally accepted standards set when Japan shut their borders, and is overwhelming that Canada is not en- forth by the OIE, or World Organiza- what we need is consistent leadership forcing their own regulations. Their tion for Animal Health, for minimal- and guidance from the USDA that rec- own tests show it. They are not our risk regions, which are the only recog- ognizes we ought to abide by inter- tests. Their tests show they are not en- nized standards that are accepted on a nationally accepted standards for mini- forcing the regulations. worldwide basis. mal risk and that a premature opening I remind my colleagues of the con- Transmission of BSE is, in fact, still of that Canadian border not only will sequences of a failure to get this right. unclear and uncertain. Maintaining serve to undermine consumer con- In England, 146 people died. Almost 5 segregation of the Canadian and Amer- fidence in America but will further million head were slaughtered. There ican herds to the largest extent pos- jeopardize our export market abroad. I are four known cases of mad cow in sible is the only scientifically sound believe the Japanese and other coun- Canada today, and an additional case approach, and USDA’s final rule only tries would love to buy American beef, of a cow imported from England. And seeks to mix these cattle populations. but they want to know it is American we are going to open our border on The Bush administration and a Japa- beef that they are buying and not beef March 7, when the Canadians’ own test- nese Government panel have discussed that has simply been funneled through ing agency shows that in 59 percent of certain parameters for importation of our country from BSE-infected na- the cases animal matter is present American beef. Namely, imported prod- tions. where it is not supposed to be? Is that ucts would be from animals age USDA’s decision is not only an eco- what we are going to do? I hope not. verified at under 20 months of age and nomic threat for the viability of our I yield 15 minutes to the Senator adhere to a certain grade of meat. rural communities, but it is also a con- from South Dakota. These criteria were set because of Jap- sumer choice issue. Consumer groups

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.014 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1967 have repeatedly voiced concern over I yield the floor. tion of ruminant-on-ruminant feeds— this final rule. USDA is accountable The PRESIDING OFFICER. Who except for one case. But that one case and obligated to ensure that our con- yields time? occurred very close to 1997. As a result sumers and ranchers are protected, Mr. CHAMBLISS. Mr. President, I of more rigorous efforts by both Can- which means keeping our borders yield 20 minutes to the distinguished ada and the United States, I believe closed for now. USDA has not been Senator from Colorado, who by profes- beef is a good product, and I plan on working for American consumers, sion is a veterinarian and certainly eating beef. I do not hesitate for one ranchers, and producers with this final has, in addition to legislative knowl- moment talking to my colleagues rule. edge, professional knowledge about about how good I think beef is and how There are several steps that should this issue, Mr. ALLARD. we should not be overly concerned be taken before the Department of Ag- The PRESIDING OFFICER. The Sen- about the health effects of beef in our riculture should even consider opening ator from Colorado is recognized. diet. our border with Canada, and country- Mr. ALLARD. Mr. President, I thank The closure of our Canadian border of-origin labeling is one of those steps. the Senator from Georgia for yielding has cost Greeley County, CO, which is I have long advocated a mandatory 20 minutes. As the Senator mentioned, one of the largest agricultural-pro- country-of-origin labeling program. animals have been an important part of ducing counties in the United States, The administration delayed COOL for 2 my life. I grew up on a cattle ranch and alone, $250 million to $300 million over years during closed-door consideration I have dedicated my life to animals and the past year from diminished eco- of the 2004 Omnibus appropriations animal diseases. nomic activity due to declining produc- measure. A mandatory country-of-ori- I rise today to tell my colleagues tion at one single meatpacking facil- gin labeling program for beef is now that I do not believe the policy that is ity. This is a result of the Canadian not scheduled to be implemented until now being proposed by the U.S. Depart- border closure. Totally, the economic September 30, 2006. Yet, even lacking ment of Agriculture is risky, I do not impact of the border closure through- that ability of consumers to make think it is premature, and I think if we knowing choices about the origins of out the United States is $3 billion. The want to protect our cattlemen, we border with Canada should be open the meat they serve their family, must pursue a policy of opening our USDA would open the borders to a cat- based on sound, scientific principles borders of free trade. Colorado is one that ensure the integrity and safety of tle population that poses a significant State that has historically benefited risk without even ensuring consumer the U.S. cattle food supply. from the cattle industry and today it The U.S. Department of Agriculture choice in the grocery store aisle to buy remains an important part of our econ- American beef. I introduced bipartisan approach to these discussions has been omy. rational and science based. Sound legislation to ensure that Canadian I will respond to a few specific points beef and cattle could not come across science is critical because it separates that were mentioned by my colleague fact from myth and ignores mad cow the border until country-of-origin la- on the other side. I will talk briefly beling is implemented because that is hysterics. Television pictures of sei- about the people who became ill as a zure-stricken cows are intended to simply the right thing to do, and I am result of the BSE prion. It is a form of pleased that we have bipartisan sup- draw viewers but do not represent the protein, modified virus, in Europe. The truth behind the image. port for that measure. diet of Europeans is markedly different Because USDA insists on plowing Five other Senators joined me in than the American diet in the fact that ahead with an outrageously ill-timed April of last year in support of the im- they view brains and spinal cord tissue decision, congressional action is re- mediate reopening of the Canadian bor- as a delicacy. Here in the United States quired and we have a congressional res- der following these principles. Joining olution of disapproval to consider. An and in Canada, as a part of our proc- me on a letter to the U.S. Trade Rep- ample number of my Senate colleagues essing of meat, we discard our central resentative were Senators BEN NELSON, felt this opening the border rule should nervous system tissue, so it does not Senator CAMPBELL, Senator MUR- be set aside and chose to sign their get into the food supply. We have rig- KOWSKI, Senator HATCH, and Senator names on the petition to do so. The orous enforcement in the United BROWNBACK. vote on this resolution is an oppor- States. Canada has rigorous enforce- I ask unanimous consent to have tunity to stop a flawed course of ac- ment. As late as February 22, we had a that letter printed in the RECORD. tion, and I urge my colleagues to vote group of scientists go to Canada, and There being no objection, the mate- for this resolution of disapproval. It is they reported back to us that the en- rial was ordered to be printed in the crucial that USDA act in a responsible forcement of the rules and regulations RECORD, as follows: manner and revoke the final rule im- in Canada was very robust, as it is here WAYNE ALLARD, mediately. in the United States. U.S. SENATE, I am hopeful the administration will But I think the most important thing Washington, DC, April 6, 2004. recognize the message this body will we learned from the outbreak in Eu- Hon. ROBERT ZOELLICK, Seventeenth Street, NW., Washington, DC. send today about the severity and the rope, and what we have learned with time, is that the prion, the organism DEAR AMBASSADOR ZOELLICK: The purpose urgency of this situation. We need of this letter is to bring to your attention America to side with the best science that causes mad cow disease, occurs as our concerns relating to the present eco- on the Canadian border. We need Amer- a result of ruminant upon ruminant. nomic and trade situation facing the U.S. ica to be prudent relative to the enor- By using that terminology, I mean beef industry as a result of the Canadian bor- mous risk to both the livestock econ- that there are food supplements that der closure. We ask for your assistance to fa- omy and the public health in America are developed from animals, mostly cilitate the immediate reopening of the bor- and the jeopardy of opening the border ruminants, that then are fed back, ei- der to trade in live cattle, based on sound to our potential export market for ther calcium or phosphorus, to the ani- scientific principles that will ensure the in- mal. When that happens that provides tegrity and safety of the U.S. cattle inven- beef. tory and the American food supply. I urge my colleagues to join us in a vehicle for the transmission of the Since the discovery of BSE in North Amer- supporting passage of this resolution of prion, the infectious organism. It ica, the U.S. beef industry is confronting the disapproval and to send a strong bipar- doesn’t transmit directly animal to most significant challenge in its 105-year his- tisan message to USDA and to the animal by live contact or by human to tory. The economic impact of the border clo- White House to reverse course, to allow animal by live contact. It is passed in sure has escalated over the past year and the greater time for the best science to de- the food supply when you have a rumi- industry is now at a point where difficult de- termine what in fact is happening in nant supplement from another rumi- cisions are being made to protect long-term Canada relative to BSE, relative to nant being fed. job stability. For example, beef processing Finally, of the three or four cases plants across the country have had to reduce their feed regime, and to give us an op- hours significantly to absorb the increasing portunity to be assured we are not en- that we have in Canada, three of those pressure of the current situation, resulting dangering either our economy or the actually were before the provisions in job loss and reductions in worker’s take public health in the United States of were put in place by Canada and the home pay. To date, the industry has suffered America. United States to prevent the consump- over a 12 percent reduction in U.S. fed cattle

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.016 S03PT1 S1968 CONGRESSIONAL RECORD — SENATE March 3, 2005 being processed for the domestic and inter- to remain competitive in an increas- tions on Japanese imports—which exceed national market place, at an estimated $12 ingly global marketplace and protect $118 billion annually—while expressing hope billion loss to the economy and impacting long-term job stability in the United that step would not have to be taken. Colorado’s freshman senator, Ken Salazar, over 80,000 direct and indirect jobs. States. As recently demonstrated by the Harvard was one of the others who signed the letter. Center for Risk Analysis (HCRA), there is no I have a chart that reflects Canadian But at the same time, Salazar has joined body of scientific evidence indicating that beef exports. If we look over here to eight other Democratic senators who signed there is any potential risk to the American 2003 when the mad cow disease began to a resolution of disapproval of the USDA’s consumer in allowing live Canadian cattle impact Canada, we can see, obviously, proposal to reopen the Canadian border to under the age of 30 months to enter the U.S. that there was a reduction in billions imports into the United States of live cattle marketplace destined for fattening or of pounds of carcass weight that was starting this month. Salazar cited safety and slaughter. Toward this end, the U.S. Depart- accountability as key concerns on that exported from Canada. But here we are move. ment of Agriculture’s (USDA) proposed rule moving from 2004. Not all the figures to amend its BSE regulations to allow the Salazar should reconsider that position. United States to import live cattle less than are in, but they are indicating we are The Canadian border is already open. 30 months of age from Canada harmonizes going to get a pretty steep climb back Boxes of Canadian beef—beef from the same the health interests of the American public in exports from Canada. And based on cattle that are currently being stopped at with the international trade interests of the projections for 2005, exports from Can- the border—are flowing into the United United States, provided that it is imple- ada are going to reach a historic high, States, resulting in a tidy profit for Cana- mented based on sound scientific principles dian processors. If science says that beef is despite the fact they have had mad cow safe, then so are the cattle which are pro- that will ensure the integrity and safety of disease in Canada. the U.S. cattle inventory and the American ducing it. These facts come from a reputable Economists have estimated that in the food supply. By encouraging more practical, first four months the border was open to Ca- science-based guidelines relevant to BSE analyst, analyzing firm based in Den- nadian beef. Weld County lost about $100 mil- risk management, USDA’s proposed rule will ver, CO, that traditionally cattlemen lion from diminished economic activity due help restore the U.S. beef industry’s ability have relied on to analyze beef markets to the declining production levels at the to remain competitive in an increasingly throughout the country. Greeley beef-packing plant of Swift & Co. global marketplace and protect long-term Let’s look at the chart for U.S. beef alone. That does not include Fort Morgan’s job stability in the United States. imports from Canada. Obviously, in Cargill plant. While the United States cannot unilater- 2003 we saw a reduction in the amount So keeping the border closed to live cattle ally open trade borders with Japan, Korea of beef imports from Canada. Again, is contributing to the outsourcing of U.S. and other key trade partners, USDA can act jobs to Canada, which continues to expand expeditiously with respect to reestablishing this is a million pounds of carcass its processing industry to handle all its cat- live cattle trade with our North American weight over time. What we see in 2004 tle, while the U.S. beef-processing industry trading partners. We hope that actions can is that the imports from Canada have shrinks—running about 10 percent below pre- be expedited toward this end as well as with exceeded an all-time high, despite the ban averages. The jobs moving to Canada are our other trade partners to remove scientif- fact that we have mad cow disease. not likely to return. ically unjustified barriers to trade. The point is, we are importing Cana- Industry officials have determined that re- We appreciate the attention and efforts dian beef at record levels. We need to opening the border will not flood the U.S. that you have given this serious matter to change that policy because processors market because the Canadian market is rel- date and look forward to continuing to work are moving their plants to Canada. atively current. Those Canadian processors with you to ensure that adequate and science have been running six days a week around based protections are in place to ensure open More and more people are going into the Canadian beef business. As a result, the clock to process their cattle, then sell and free trade while also protecting the the beef in the United States or in the mar- health and safety of all Americans. we are at risk of losing our own market kets where they compete with U.S. beef. Sincerely, share of beef. During his campaign, Salazar said he in- WAYNE ALLARD, The Greeley Tribune published an tended to put his constituents ahead of party United States Senator. editorial stating that the United politics. yet in this case, he sides with pri- LISA MURKOWSKI, States must open its border with Can- marily Democratic legislators against the United States Senator. ada. The Tribune is published in Gree- Bush Administration. ORRIN HATCH, ley, CO, Colorado’s most productive ag- This position, being pushed by senators United States Senator. without major beef-processing plants, puts BEN NELSON, ricultural county. Salazar at odds with the best interests of his United States Senator. I ask unanimous consent that the constituents and his own state. He needs to SAM BROWNBACK, editorial be printed in the RECORD. put science and the people who helped send United States Senator. There being no objection, the mate- him to Washington ahead of politics. BEN NIGHTHORSE rial was ordered to be printed in the We urge the new senator to follow Allard’s CAMPBELL, RECORD, as follows: lead with the Japanese and call for the U.S. United States Senator. border to be opened to live Canadian cattle. Mr. ALLARD. The USDA Minimal [From the Greeley Tribune, Mar. 1, 2005] Mr. ALLARD. Many of the supporters Risk Region rule should be imple- OPEN CANADA TO U.S. BEEF SALAZAR MUST of the Resolution of Disapproval argue mented because it is grounded in solid, FOLLOW ALLARD’S EXAMPLE WITH JAPAN that because of U.S. policies, U.S. cor- sound science and will help end a situa- U.S. Sen. Wayne Allard is to be com- porations are outsourcing jobs. The tion that has wreaked havoc on beef mended for his letter to the Japanese ambas- sador last week demanding that the Japa- border closure has allowed Canada to trade for too long. It will protect the nese government reopen its market to U.S. grow its beef industry and increase its integrity of the human supply system beef products. slaughter capacity, making Canada and stabilize agricultural trade. Allard was joined by almost 20 other sen- into a global competitor. While U.S. Canada meets the requirements of a ators in the letter that was hand-delivered to jobs are lost because of an unfair trade minimal risk region, based upon a Ambassador Ryozo Kato by Secretary of Ag- policy that allows cheap Canadian number of its actions. It has prohibited riculture Mike Johanns, who expressed his meat into the United States, they are specific risk material in human food, appreciation to Allard in taking the initia- being replaced in Canada as it bolsters as we do here in the United States. It tive to address the issue. In his letter, Allard—a Republican from its beef industry. Estimates will show placed import restrictions sufficient to Loveland and Colorado’s senior senator— that Canada will have the industry ca- minimize exposures to BSE. It has noted that since the only confirmed case of pacity to replace U.S. beef by May of built and structured surveillance for bovine spongiform encephalopathy (mad cow 2005. Supporters of this resolution sup- BSE at levels to meet or exceed inter- disease) in the United States, the U.S. gov- port the outsourcing of U.S. jobs. national guidelines, as we do here. And ernment has worked diligently to take the During the past several years, Can- it has enacted a ruminant-to-ruminant necessary steps to earn the confidence of the ada’s annual cattle slaughter has been feed ban. Finally, the appropriate epi- Japanese public, in many respects exceeding 3.2 to 3.3 million head. This is equiva- demiological investigations, risk as- internationally established scientific re- lent to about 65,000 head of cattle quirements. Yet the Japanese government sessment, and risk mitigation meas- has continued to drag its collective feet in slaughtered per week. In 2004, Canadian ures have been imposed. reopening the border. slaughter was about 30 percent larger Opening the border with Canada will Allard hinted, rather strongly, that Con- than during 2003. In 2005, Canadian cat- help restore the beef industry’s ability gress could be forced to take retaliatory ac- tle slaughter capacity is expected to

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.002 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1969 increase to about 95,000 head per week. In the United States a cow will cost World Health Trade Organization. In Canada is expanding available slaugh- a packer about $55 per hundredweight, fact, I think it exceeds what is rec- ter capacity in the country so it can be and the beef would sell for about $125. ommended by the World Health Organi- less reliant on the U.S. market to proc- The fed steer or heifer would cost zation. I think Canada has the same ess animals. Reliance on the U.S. mar- about $85 per hundredweight, and the policies, and I think they exceed what ket will continue, but Canada will com- beef would sell for about $135. is required by the World Health Organi- pete effectively against the United This imbalance has led, in part, to zation. We are setting the standard for States in the world marketplace. the layoff of thousands of people in the the world. According to the Canadian Meat processing industry across our Nation. I feel comfortable in having beef for Council, since May 2003, the Canadian Eventually it will affect the cattlemen dinner. When I am asked the question, beef industry has increased its daily because our markets will be less avail- What’s for dinner? I am not going to beef capacity by more than 30 percent. able for those who have live fat cattle. hesitate to say beef, because I think we The additional Canadian slaughter ca- The Harvard Center for Risk Anal- have a quality product in this country. pacity that is available, or planned, ysis has stated there is no body of sci- I think what is happening in Canada is will allow the Canadian beef industry entific evidence indicating there is any comparable to what is happening in the to increase cattle slaughter totals by potential risk to the American con- United States. I think they are work- about 25 percent from 2004 to 2007. sumer in allowing live Canadian cattle ing hard to bring the regulations and Thanks to the border closure, thou- under the age of 30 months to enter the rules into compliance with what we sands of U.S. workers have been laid off U.S. marketplace destined for fat- have here. or have had their operations suspended. tening or slaughter. We received a report a week or so ago In Greeley, CO, located in the State’s I have picked up, as a result of my from a group of scientists who visited largest agricultural county, nearly colleague from North Dakota men- Canada, saying they have a robust ef- 1,000 workers lost their jobs thanks to tioning the Colorado cattlemen’s posi- fort in their rules and regulations, just the closure. tion—I do have a list of the require- as we have a robust effort in this coun- Weekly cattle harvests in Canada are ments they are requiring. I have read try. up 14 percent, from 72,000 to 82,000 over down through those, and those provi- Again, when asked the question, the past year, and are expected to rise sions are being met in the United What is for dinner? my answer is beef. to 95,000 per week by mid-2005, a 25-per- States, and they are being met in Can- I yield the floor. cent increase over pre-BSE levels. The ada. We have just made a call to the The PRESIDING OFFICER. The Sen- jobs that go with that increased pro- National Cattlemen’s Association, and ator from South Dakota. duction probably will never return to they have indicated to us that they Mr. CONRAD. Mr. President, let me the United States. support the position of opposing this say to my colleague, the Senator from Prior to May of 2003, cattle imports resolution. So they understand that Colorado, that in the Conrad family, from Canada accounted for approxi- the rules and regulations that are when asked, What is for dinner? beef is mately 4 percent of the U.S. production being proposed by the U.S. Department often the answer. capacity. A number of these animals of Agriculture do protect the American But that is not the question. The were also a part of the U.S.-Canadian consumer. They do protect, in the long question is, Are we going to keep the Northwest Cattle Feeder Initiative. By run, the future of the cattle industry. beef supply safe? The evidence is over- allowing them to increase production I just wanted to call that to the at- whelming that Canada is not enforcing capacity, we threaten U.S. production tention of the Members here, and I also their own regulations. Their own test- and marketing. want to again refer to my State of Col- ing shows they have right now four The average number of imported Ca- orado. There are a lot of States that cases of mad cow identified in Canada. nadian cattle for all purposes, between have their economies built upon beef. I suggest to my colleagues that the 1970 and 2003, is 795,563 head per year. In Colorado, on exports in general we better part of wisdom is for us not to The highest level of cattle imports was have about $154 million in trade. We ex- open this border in a premature way. 1.68 million in 2002, and the lowest was port $97 million. Most of that is in the The risk is too great to our people and 245,000 in 1986. The Minimal Risk Re- beef side. We have $51 million of beef to our industry. The Senator cites the gion rule requires animals to be im- that is exported. We import about $97 National Cattlemen’s Beef Association. ported exclusively for slaughter. Dairy, million. Some of it is live cattle, but a I met with my representative of the stocker, or other livestock segments good percentage of it is breads and pas- National Cattlemen in my State. They are prohibited from importing animals tries and cakes and vegetables. urged me to proceed. They urged me to for breeding or other purposes. If we do not address this problem, we go to a vote. They urged me to try to Frankly, the Canadian border is al- are going to have a profound impact, in carry the vote. ready open. Boxed beef is coming a negative way, on the Colorado beef When I look at what the National across the border from Canada in industry and, throughout the country. Cattlemen said, here it is. They put out record numbers, numbers higher than Canada is one of our most important 11 conditions that need to be met be- they were before BSE was discovered in trading partners. Agriculture is a fun- fore the border is opened, and only 3 of Canada, creating a public policy wind- damental component of U.S. trade. If them have been met. I would be glad at fall for those companies with proc- we cannot rationally restore the beef a later point to go right through the 11 essing facilities in Canada while pun- and cattle trade with our most impor- conditions they said should be met. We ishing those in the United States. U.S. tant trading partner, I ask the ques- can go right to the eight that are clear- beef imports from Canada set a record tion: How will we ever restore trade on ly not met. This border should not be in 2004, approaching 1.2 billion pounds, a global scale? opened until these 11 conditions have a 12-percent increase over 2002 levels. Some 20 Members of the Senate have been met. During 2005, beef imports from Canada joined me in sending a letter to the I yield 10 minutes to my colleague are expected to total 1.2 to 1.3 billion Japanese Ambassador asking him to Senator DORGAN. pounds. reduce his import restrictions on beef The PRESIDING OFFICER. The Sen- Increased Canadian packing capacity from the United States. If we don’t— ator from North Dakota is recognized. is expected to increase beef production and the other countries throughout the Mr. DORGAN. Mr. President, we have to more than 3.7 billion pounds in 2005 world are watching—what we are doing apparently resolved what everybody is and exceed 4 billion pounds in 2007. here? going to have for dinner. Apparently it The unfair public policy is best illus- If we don’t use good science and if we is beef. We haven’t resolved who is trated in the following example. Cana- don’t use good sound policy, it is going going to stand on the floor of the Sen- dian packers can buy a cow for about to have a prolonged impact on our ate this morning and support our farm- $17 per hundredweight and sell the trade policies throughout the world, ers and ranchers who produce that processing-grade beef for about $123. He particularly as it applies to the live- beef. That is the question—not what we can also buy a fed steer or heifer at stock industry. are eating for dinner. Who is going to about $67 per hundredweight and sell From what I understand, USDA ap- stand for the farmers and ranchers on the meat for about $132. pears to support the policies of the this issue?

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.020 S03PT1 S1970 CONGRESSIONAL RECORD — SENATE March 3, 2005 It took a nanosecond to hear that we It turns out they don’t meet every How does one describe a response to are protectionist this morning. Every test. It turns out this is not about what my colleague Senator CONRAD has thoughtful discussion turns into a sound science. This is about let us pre- said, my colleague Senator JOHNSON thoughtless discussion in a nanosecond tend. Frankly, some say let us pretend has said, and what I have said—that around here when it deals with trade, that everything is fine; that there is the tests in Canada as reported by the because instantly the subject of protec- rigorous testing in Canada; that the Canadian news and by the Canadian tion comes up and the word ‘‘protec- testing meets all the requirements; Food Inspection Agency found prohib- tionism’’ is used. God forbid that some- that there is no difficulty, no problems; ited animal materials in 58 percent of one should be accused in this Chamber and, if we allow under the conditions the cattle feed tested? of the Senate of standing up to protect set by the United States Department of I have not heard one person respond the economic interests of this country. Agriculture the import of beef and live to that. Is there a response? If so, I It happens precious few times. animals from Canada, somehow things would be happy to yield to someone to But let me be somebody who says, if will turn out fine for us. But, of course, offer me a response. Is there anyone that is the charge, I plead guilty. I that is not the case. We know that is here who wants to respond to the prop- want to protect our economic inter- not the case. osition that 58 percent of the feed that ests. I don’t want to build walls around My colleague Senator CONRAD offers has been tested, as reported in Canada, this country. I believe expanded trade this Chamber this morning an oppor- had animal parts in it? Is there no re- is helpful. But I also want to stand up tunity to cast a vote on this issue. I sponse? Doesn’t it matter? Don’t we for the economic interest of this coun- know we have already heard about pro- care? Or, is this the case where we try when it is at stake. tectionism, and we have heard this is should ignore the evidence and decide Let me say one other thing, as I have tough on packing companies, which is that we came to the Chamber with our been listening here. Let us stop walk- another part of this, obviously. But the own preconceived conditions, opinions, ing hat in hand to the Japanese and question for the Congress is, Will it and our own desire to support the stand up for the interests of American asking for favors. Let us stop killing President and USDA, and we have to producers? Will it be something that another tree to send one more letter to vote that way? the Japanese. Last year, they had a $74 will make it harder to get into inter- Although I am not going to be on the billion trade surplus with us. Because national export markets once again floor for the entire debate, I hope at we had one Canadian cow found in the with our beef? some point someone might respond to I think that it is time—long past the State of Washington with BSE, the that proposition. time—for this Congress to cast a vote Japanese don’t want to eat American Evidence is a pretty difficult thing in support of America’s interests here, beef. sometimes. The evidence here is com- in support of our country’s interests, Now we have people who say some- pelling and clear. We have people say- and our producers’ interests. how the Japanese will be more con- I can think of dozens of debates on ing that Canada meets all the tests, fident to eat American beef, if we allow the floor of the Senate where in every and then we have the evidence. They Canadian cattle to come into this circumstance where you talk about the don’t. country—cattle from a country where interests of American producers, some- When my colleague Senator BYRD investigations have shown that the how foreign policy is overwhelming. one day was speaking on the floor, he feed supply has prohibited animal ma- All of this mishmash, this soft-headed said that the caterpillar, the squirrel, terials. My colleague Senator CONRAD nonsense, of course, comes from the and the eagle, seeing the Earth from described it. In December, the Van- State Department, and from all those exactly the same spot, saw it dif- couver Sun reported that officials from in this Chamber who stand up on cue ferently. The caterpillar climbs on a the Canadian Food Inspection Agency and say, Yes, sir, yes, sir, we certainly clump of grass, and says, I can see the found prohibited animal materials in don’t want to be accused of protec- world. And on the exact same spot, the 141 of 70 samples. Of the feed that was tionism when it comes to economic in- squirrel climbs the tree and says, I see tested, 58 percent was found to have terests. Let us find a high board, and the world. And at exactly the same had prohibited animal materials. dive right off that old high board. spot, the eagle flies overhead, and says, So somehow you are going to give On this issue, Senator CONRAD says I see the world. All three look at the the Japanese confidence by allowing he is not ready to dive, nor am I, nor I same spot and see different things. It Canadian cattle to come into this think are many in this Chamber ready happens. country on the heels of four examples to simply decide the economic inter- But you can’t look at the spot Sen- of mad cow disease in Canada? I don’t ests of this country, the interests of ator CONRAD asks you to look at today think so. farmers and ranchers, are to be sac- and see something different. You can’t. I know there is a lot of passion about rificed in this circumstance. The demonstration of that is there is this issue. Canada is a great big, old, A few days before Christmas of 2003, no answer to the proposition that the wonderful country with great neigh- the one instance of BSE, or mad cow feed testing in Canada is woefully inad- bors. They are a wonderful neighbor of disease, was discovered in this country. equate. And if you believe that—and ours. We share thousands of miles of It wasn’t an American cow; it was a Ca- apparently you do, because nobody is common border. I am heartbroken for nadian cow sent to this country from contesting that—then opening that the Canadian ranchers. I know it must Canada. The consequences of that are border at this point, in my judgment, be tough for them. I wish them no ill dramatic, and they have been signifi- compromises the interests of farmers will at all. I regret that they have cant. But, my colleague, as I listened and ranchers in this country. found examples of mad cow disease in to his opening statement today, de- Why on Earth would we decide to do Canada. But they have. scribed consequences far more severe that? In whose interest are we here Our responsibility is to stand up for than that in Europe. serving? Why would we decide to put the interests of American producers, We ought to move with some caution someone else’s interest first? American farmers, and ranchers. That here and with some concern. We ought There is nothing to be ashamed of, in is our job. to move reasonably slowly to make my judgment, for standing up for this Listen. You all read the papers last sure we know what we are doing. But country’s interest for a change. Per- summer. The President was going to go that has not been the case with USDA. haps once, just once today, on this vote to Canada. The speculation last sum- And, in part, it is because the packing we will see evidence of an interest of mer was that in discussions with Can- companies are putting on the pressure. doing that here in the Senate. ada there would be a promise that bor- It is partly, I think, because the Presi- Let me conclude one more time by der would be opened after the election. dent went to Canada last summer and saying this is not about ‘‘protec- We all read that—not once, several made some representations. In part, it tionism.’’ That is the kind of nonsense times. Sure enough, the election comes is because they say they are meeting thrown around in every trade debate. and goes, and the U.S. Department of all these tests. But my colleague Sen- But it is about protecting America’s Agriculture decides that the border has ator CONRAD has taken the mask off all economic interests. That is what we to be opened. Canada meets every test. of that. come to the Senate to do. My hope is

VerDate jul 14 2003 01:01 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.021 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1971 when we finally cast this vote, we will jeopardizing her family at the next beef is a very high priority for those have done so this morning. meal she serves, and markets react. Japanese consumers. We said, OK, they I yield the floor. Statistics and science say the likeli- want it, we have shown it is going to be Mr. CHAMBLISS. I yield 10 minutes hood of you, me, or our children at safe, it is time to open your markets to the distinguished Senator from Mis- home eating a BSE-tainted burger or and provide a significant export oppor- souri, Mr. BOND. steak not cooked hot enough to kill tunity which will serve and reward the Mr. BOND. Mr. President, I thank the the pathogen is, on an order of mag- U.S. cattle producers. distinguished chairman of the Agri- nitude, less of a threat than many of I hope we will reject this resolution culture Committee for allowing me the other risks we accept in our every- and allow sound science to rule. this time. day lives, such as driving our children (The remarks of Mr. BOND pertaining I rise today as cochairman of the beef to school and back. to the introduction of S. 503 are located caucus to speak against Senate Joint The alarmism and subsequent waves in today’s RECORD under ‘‘Statements Resolution 4, which seeks to condemn of fear of BSE threats are seen as op- on Introduced Bills and Joint Resolu- the U.S. Department of Agriculture portunities by many of our trading tions.’’) plan to reopen the Canadian border to partners who seek to find any excuse to Mr. CONRAD. I yield 5 minutes to live cattle. erect trade barriers to our products. the Senator from South Dakota. I concur with the sentiments already These foreign buyers ignore the Mr. THUNE. I thank the Senator expressed by the chairman of the Agri- science, statistics, and history. The from North Dakota for yielding the culture Committee and the distin- U.S. position in the world market is time. guished agriculturalist from Kansas, based on the very sound principle that I join today with him and others in Senator ROBERTS. I also learned a great good science should and must prevail. the Senate in support of this resolu- deal from the professional testimony of Whether our trade representatives are tion. I hoped it would not come to this, our Senator, Dr. Allard, from Colorado, negotiating exports of genetically en- that we could achieve a result, an out- about the safety and about the science hanced rice or soybeans, meat produced come short of having to have this de- that goes into the decision made by the using the most advanced commercial bate in the Senate. However, I have to U.S. Department of Agriculture. technologies, or as we negotiate re- say I wholeheartedly agree with the I note also that this past week, a opening of the Japanese beef markets premise of this resolution; that is, that group of our scientists who visited Can- to our own production, sound science is the rule in question is wrong. It is ada said their system of protecting the the best negotiating tool we have wrong timing. food supply and the beef was robust against the Luddites and naysayers in Agriculture is the No. 1 industry in and certainly could be counted on. As a our potential foreign markets. South Dakota. The cattle industry, the member of the agriculture posse, I have We cannot fall prey to the wonderful livestock industry, is the biggest com- heard Secretary Johanns, the Sec- exuberance of populism in protecting ponent of that. This industry has an retary of Agriculture, describe the our markets with false or pseudo- enormous impact on the economy, the steps they were taking to ensure our science-based claims while expecting gross domestic product in my State. In beef supply is protected. the world to accept the products of fact, as noted earlier today by another We just heard a defense of protec- U.S. farmers who feed the world largely speaker, we have probably five or six tionism. Let me define what protec- due to our use of the latest tech- times the number of cattle than we tionism is. Protectionism is, in my nologies. have people in South Dakota. view, the use of scare tactics, the use The Agriculture Department’s Growing up on the Plains of western of unsound scientific information, in amended final rule on resumption of South Dakota, I have witnessed first- an attempt to protect our markets. In beef and live cattle trade with Canada hand the incredible work ethic of our this case, I believe sound science dic- was developed based on the best science livestock producers, the willingness to tates it is time to open the border. at hand and with broad input from the go out during calving season and fight Were it not so, I would not be rising cattle industry. The amended rule re- the elements and conditions, and to today in support of the Department of stricts imports of beef animals older work to nurture the herds and bring Agriculture. than 30 months. Also, Canada, as I said them to the marketplace, to go The fact remains, as Senator ALLARD earlier, has implemented appropriate through the weather we have to deal has pointed out, not only is this not BSE prevention standards similar to with in South Dakota on an ongoing based on sound science, the impact of our stringent domestic firewalls. As I yearly basis, and to haul water and to the beef ban has been to create a feed- said earlier, this has been confirmed by haul feed to those herds, to get them to ing and slaughter operation in Canada, our scientists who have visited and in- where they can take them to the mar- which is moving the production facili- spected the operations in Canada. This ketplace. ties and jobs out of the United States includes the banning of all ruminant to As a member of the House Ag Com- and into Canada, potentially putting a ruminant feed and effective enforce- mittee when we were debating the 2002 very harmful impact on our ability to ment. This alone will drastically re- farm bill, I advocated and fought on be- raise, slaughter, and produce the beef duce further contamination in the Ca- half of country-of-origin labeling be- we eat in the United States. Yes, beef nadian beef herds. Sound science cause I believe it is important that is what was for dinner last night. To- should prevail here and in all of our American consumers know where their night it will be my dinner, and it will trade negotiations. products are coming from. It was in- continue to be. I would be remiss if I did not take the cluded in the 2002 farm bill. Every Member of this body and our opportunity to encourage the USDA, More recently, in the last year or so, constituents back home expect the our trade representatives in Japan, to this body and the House adopted legis- U.S. Government to work to ensure we apply sound science and to continue lation that would delay the implemen- have the safest food supply possible. the move to reopening markets in tation of country-of-origin labeling, That is why we hire scientists. That is Japan to our beef exports. Recently, I which is unfortunate because I think it why we hire veterinarians. That is why joined with several of my colleagues would alter and change the dimensions we devote efforts to make sure it is who also spoke today sending a letter of the debate we are having here today. safe. Unfortunately, all too often, the to the Ambassador to Japan saying we So I come here today to speak in sup- United States takes the abundance and would not stand for pseudoscience- port of this resolution, and I do so safety of our food supply for granted. based protectionism preventing the ex- knowing full well that as a three-term When we are faced with challenges to port of U.S. beef to Japan. Member of the House, I come here with these expectations, like reports of BSE This past week, I had the opportunity a record supporting free trade. I sup- or mad cow disease in our cattle or our to meet with representatives of the ported trade promotion authority for immediate neighbor’s, the floodgates of Japanese Diet, the legislative body of both President Clinton and President demagoguery from so-called consumer Japan. I told them of our interest in Bush because I believe our leaders in advocates are opened, every mother is providing beef to the consumers of this country need to have the author- frightened into believing she may be Japan. They assured me that American ity to go out there and make the best

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.023 S03PT1 S1972 CONGRESSIONAL RECORD — SENATE March 3, 2005 possible deals for our agricultural in- der is opened, South Dakota ranchers All cattle direct to harvest must be dustry and other industries in our will be competing against Canadian 30 months of age or younger. That is country, always reserving the right to cattle without the benefit of exporting being done. It is a provision in the vote against those trade agreements if our cattle to other countries. Since rules and regulations. I do not believe they are in the best in- being sworn in as Senator, I have been Minimal-risk regions must meet all terests of American agriculture. in ongoing discussions with the USDA processing techniques and regulations I do not harbor any ill will toward and Secretary Johanns trying to find a relating to BSE as set out by the U.S. Canada. Canada has been an important way to resolve this border issue. I co- That is what those scientists were re- trading partner in the past and will sponsored legislation to modify the porting to us as of the 22nd of Feb- continue to be in the future. I am hope- rule to allow only beef products from ruary. ful that when this is all said and done animals under 30 months of age. In re- Adherence and implementation of a we will be able to restore that relation- sponse to that, the USDA then modi- U.S. equivalent ruminant to ruminant ship. But, frankly, this issue is not fied their rule to do just that. I appre- feed ban. That is a requirement. That about protectionism. It is about safety. ciate the Secretary’s and the adminis- is what the scientists report back, that It is about science. It is about making tration’s work on this matter. they are complying with the rules and sure that America’s consumers have a The PRESIDING OFFICER. The Sen- regulations, and we should not have a safe supply of beef products in this ator from South Dakota has spoken for concern about it. country, and also that those that we do 5 minutes. And then: business with overseas, our trading Mr. THUNE. Mr. President, I have to The Colorado Cattlemen’s Association is partners, are fully confident in the ex- yield, but I simply close by saying, I committed to normalizing global trade based ports we send their way. urge my colleagues to support this res- on [good] science that protects the health of I believe exports are important to olution to send a strong message to our the beef industry. America. They are important to agri- producers and consumers that we are And they express that: culture. In this country today, one in going to support making sure that the Once our concerns have been adequately every three rows of corn goes to the ex- feed ban is being complied with, and we addressed, CCA will reconsider our position port markets. We would like to see are going to work hard to make sure on opening the Canadian border. more of it going into ethanol. I hope it our export markets are open before The Colorado Cattlemen Association will. But the reality is, we depend this rule is implemented. currently supports the minimal-risk heavily upon export markets for the I yield the floor. region rules that have been put out by success and prosperity of American ag- The PRESIDING OFFICER. Who the Ag, and the Colorado Farm Bureau riculture. yields time? currently supports the Canadian re- So I supported increasing trade op- The Senator from Georgia. opening. The Colorado Livestock Asso- portunities for our producers. But the Mr. CHAMBLISS. Mr. President, I ciation supports the reopening, and the fact is, we have not been able, at this yield to the Senator from Colorado. National Cattlemen’s Association, point, I believe, to provide the level of The PRESIDING OFFICER. The Sen- which is headquartered in Colorado, confidence and assurance to the Amer- ator from Colorado is recognized. supports the Department of Agri- ican consumer and to producers in this Mr. ALLARD. Mr. President, I thank culture’s provision on minimal risk. country that, in fact, the Canadians the Senator from Georgia for yielding The PRESIDING OFFICER. The Sen- are taking the steps necessary to en- some time to me so I can respond to a ator from North Dakota. sure that their herds are 100 percent in number of issues that have been Mr. CONRAD. Mr. President, let me compliance with the ruminant feed brought up. make a couple quick points. It is true ban. First of all, I would like to say that we had an investigation group go to My first official act, after being the information we have on the food Canada. Here is what they found. They sworn in as a Senator, was to ask the contents is older information. The new- went to seven feed mill operations in President to delay the opening of the est information we have is from a Canada. In six of the seven, they found border beyond March 7. I have insisted group of scientists that went to Canada one or more unsatisfactory task rat- that decision to open the border be to check on their rules and regulations, ings. In two of the seven, they found based, first, on two prerequisites: on their enforcement. These scientists serious failures to ensure prohibited sound science and a return of our for- reported back to us on about February material did not enter the food chain. eign cattle export markets—namely, 22 of this year, saying that the rules More seriously, the assessment found the Pacific rim. This has not been an- and regulations are being enforced that only 3 percent of Canada’s on-farm swered. robustly in Canada. That includes the feed manufacturers have been in- USDA’s own risk assessment in 2002 ruminant on ruminant food regulation spected at least once over the last 3 states the Canadian feed mills were where you prevent the consumption of years. not—were not—100 percent complying ruminant byproducts by other Now we are talking about 25,000 on- with the feed ban. The borders should ruminants. I have confidence in these farm feed operations. These mills rep- not be open until that allegation is trained scientists who know what they resent one-half of Canadian livestock fully investigated and it is confirmed are looking for and have given us the feed production. Only 3 percent have that the ban is being properly enforced. most recent report on what is hap- been investigated, were checked in the The most recent assessment completed pening as far as the food on food regu- last 3 years. by the USDA team this year concluded lation. My friends, we are talking about that the feed ban is reducing the risk I would also like to go over some of risk. What are the consequences of fail- of transmission of BSE in the Canadian the positions by the Colorado Cattle- ure? In England, 146 people died. In cattle population. That is not 100 per- men Association as well as the Na- England, they had to slaughter 5 mil- cent. Cattle imports from Canada tional Beef Association. They support a lion head. should not be accepted until we can be minimal-risk region classification, and In Europe, these were the headlines, sure feed mills are 100 percent compli- they support it on the following condi- week after week: ‘‘French Farmers in ant. American consumers need to be tions: Grip of BSE Panic.’’ ‘‘World of Europe assured the meat they are buying at No beef or beef products will be im- Suffering for UK Errors.’’ ‘‘Mad Cow local supermarkets is safe before the ported into the U.S. from cattle over 30 Disease Kills 500 Dairy Cattle Every border opens, not after, and American months of age. That is in place. Week.’’ ‘‘Slaughter to Prevent Disease cattle producers need to be assured All imported feeder cattle must be on Continent.’’ that live cattle coming from Canada harvested previous to 30 months of age, There were 6 million heads slaugh- are BSE free. and the verification processes must be tered. We are talking about substantial As I said earlier, another important implemented to track and validate har- risk to our industry, to our consumers. aspect is regaining the Asian cattle ex- vest age and location. They are doing Let’s be cautious. Let’s not open the port market. If the trade with these that with earmarkings as well as border before we are confident Canada countries is not resumed and the bor- brands. is actually enforcing the regulations

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.025 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1973 they have on their books. The evidence I reluctantly rise in support of this will go to Canada under Canada’s new is very clear that they are not. because I wish that USDA would have rules. That was a positive step. Mr. President, I yield Senator THOM- listened to those of us who have been But if we back off and take a look at AS 5 minutes. saying for two months that this rule this and let the facts come to the top The PRESIDING OFFICER. The Sen- has some problems. I want to say up and we consider those facts, we will ator is recognized for 5 minutes. front that I appreciate the new Sec- make better decisions not only for our Mr. THOMAS. Mr. President, we have retary of Agriculture Johanns’s work cattle people but also the consumers of had a good discussion. I am glad we on this issue. We met with him. He this country. Even when we got the re- have. There are a number of parts to it, came down and talked to us. He got port of the USDA’s team back from of course. We have talked a lot about thrown in on this with a cold hand, and Canada, we were on break and had lit- the safety issue, which is key, and to I know he has been working tirelessly tle time to look at that report and be confident in the things that we have to try to respond to everybody’s con- make a decision: Are they doing what asked Canada to do. We had a hearing cerns. Then it comes down to the point they are supposed to do in order to pro- with the Secretary some time back. He where you come to the fork in the road tect their own livestock people? That had his scientists there with him, and that everybody’s concerns cannot be is what Canada did. They let their own they were not certain they had done all fully addressed. I thank him for doing people down—when you don’t enforce the things that they might do. But I the right thing and restricting the eli- the rules of the 1997 ban of certain in- think the key is the matter of opening gible beef cattle to under 30 months gredients in cattle feed. the markets for us. old. I feel strongly about that. I appre- So what we are saying right now, is Our markets for beef have grown in ciate his action. I think when we said that this action furthers the protection the last number of years. It has been we are not going to take products or of two of the most important econo- one of the most important things that mies that we have in this country, and we have had to export. Most of that cattle over 30 months into this coun- that is our consuming public and our growth has been in the Pacific Rim— try, that was a prudent move. But there are still lingering con- cow-calf producers. Asia, Japan, Korea. Of course, now that cerns. Whenever this whole thing broke I yield the floor. is closed. Regardless of what you say out in 2003, I think I was the only one The PRESIDING OFFICER. Who about how well the Canadians have who stood up and said: They have a yields time? The Senator from Colo- done, that market is still closed, and it feed problem because, No. 1, it started rado. is closed because of Canadian activity Mr. ALLARD. Mr. President, since or lack of it. That is really the key with an Angus cow in Alberta, and then the second cow was the Holstein cow the floor manager is not here, I yield that we have to look forward to. myself 5 minutes to respond further. I am certainly for trade. As a matter that we found in the State of Wash- The PRESIDING OFFICER. Without of fact, I am chairman of the Sub- ington. Then of the two after that, you objection, the Senator is recognized for committee on Trade of the Finance had one Angus cow, two dairy cows, 5 minutes. Committee. We need to do that. But I and one Charolais cow. So we know we Mr. ALLARD. Mr. President, I want am reluctant to see us open this one don’t have a genetic problem. to emphasize again how very important until we have some arrangement to In this ban, we have to be very care- it is that we proceed on this matter open Canada and Korea. ful of another unintended consequence You say: Well, this is unfair to Can- because there is a great exchange of using good scientific evidence. I appre- ada. Nevertheless, that is where the breeding cattle and seed stock produc- ciate the statement that was made by problems all came from. That is where tion that crosses that border both the Senator from Montana. He is right the cows came from, the mad cow dis- ways. So we have to have some way to in many regards that we need to be ease, not the U.S. They came from Can- deal with that. The Department of Ag- sure that we use good science. I feel ada, and the difficulty has arisen there. riculture is addressing that situation, good about the enforcement of the So I guess I just simply want to em- too. But it hadn’t got there yet. rules and regulations based on the visit phasize that we can talk all we want I said from the get-go, it is the feed. by scientists who just reported back in to, as my friend from Colorado has, And every number that we see coming February. It is the most recent report about what has been done there. The out of Canada, and even the report of that we have on the enforcement of the fact is, we still haven’t got our market our USDA team does not draw the con- rules and regulations in Canada. They back. We had good exports. We don’t clusion that Canada has not really got- are very competent scientists, very have them now. I am not as concerned ten serious about checking feed, live- dedicated scientists. And what they re- about the processors being able to stock, or cattle feed, in Alberta, Sas- ported back to us is valid. move up to Canada. The cows are here, katchewan, or across the whole coun- From a trade standpoint, we need to actually, and that is where they are try as far as that goes. do something for our cattlemen. I be- going to be. So I won’t take more time That is where we all have a little bit lieve strongly that what we need to do because I know there are many others of a problem. Consumer confidence in for the cattleman is get the borders who need and want to talk. beef has never been as good as it is opened because we are importing Cana- I hope we can keep in mind that all right now. It is because we have taken dian beef today. It is boxed beef. The we are asking is that we have more of certain steps to make sure that the reason that is coming in is because our an opportunity to deal with opening safety of the food is utmost because plants can’t economically make it. the markets in Japan, opening the losing consumer confidence would be They are having to pay high prices for markets in Korea, before we open the much more costly than anything that beef. They only have a limited supply market in Canada. we could do. of beef, and so they are not up to ca- The PRESIDING OFFICER. The Sen- So, yes, I eat beef. Obviously, I have pacity. In the meantime, the proc- ator from Georgia. eaten quite a lot of it. I have never essing plants, the beef that they are Mr. CHAMBLISS. Mr. President, I missed a meal, nor do I plan to. getting is lower cost beef. And then yield 5 minutes to the Senator from So when we talk about those things they are putting that on the world Montana. that are based on science—and my market. They are importing that into The PRESIDING OFFICER. The Sen- friend from Colorado, who has points in the United States. ator is recognized for 5 minutes. this debate, is right on target—we have The result is that we see an expan- Mr. BURNS. Mr. President, I rise to face the reality of what is best for sion of the beef industry in Canada. today in support of this resolution. I the cowman. Because in my State, un- They have got plans to build more wish it didn’t have to come to this. like Colorado, we don’t have a pre- processing plants. They are in the proc- Maybe it is just an exercise, in light of dominance of processors. We don’t even ess right now of building more proc- a Federal judge ruling yesterday, when have a lot of feed cattle, but we have essing plants. some of the stockmen in my State have cow-calf producers and we deal in older That means there are going to be chosen to settle this in court rather cattle, especially at this time of the more people raising cattle in Canada. than what they can get through the year. And, of course, we sell yearlings That means if our processors here don’t policy of Congress. and feeder calves. Some of those calves make it like the one in Colorado, we

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.026 S03PT1 S1974 CONGRESSIONAL RECORD — SENATE March 3, 2005 lose our local markets. We lose an op- tion which said it is not now time for gitimate concern. Senator CONRAD has portunity for our cattlemen to readily us to lift the ban on Canadian imports. made that point time and time again. get their beef to market. That costs in I have spoken with Secretary It is fair for us to err on the side of shrinkage and extra transportation Johanns about this issue. I have told science. That is where we ought to be. costs, particularly when we look at the him that I am for the lifting of the Ca- That is where our industry is. That is cost of gasoline and diesel fuel. So this nadian ban at the appropriate time. where we ought to demand of the Cana- is a problem that needs to be resolved For me, that means we are not yet dian industry. quickly. ready to do it because there are too Our industry people have been north We need to move forward with the many questions that still have to be of the border and they have seen the guidelines that were laid out. By the answered prior to getting to that deci- tremendous progress that has been way, the principles laid out in the sion. made. Our Secretary of Agriculture has guidelines have been used by the cattle Many of the questions we have asked recognized that progress and, in part, industry in this country to control Secretary Johanns and the Department premised his rule on that basis. At the livestock disease, which also affects of Agriculture are questions to which same time, I am one of those who re- humans. The principles are laid out we have not received any answers at mains skeptical. I think we have to en- here, things like brucellosis. We know this point in time: How many inspec- sure that we cannot take another hit in in cattle country what that is all tors will we have at the border as the our agricultural economy. In 2003, May, about. We have States classified as bru- million, more or less, cattle from Can- Canada, boom. And then in December, cellosis-free, and there are those hav- ada start coming across the Canadian along came the cow in the lower 48 ing problems with that. The movement border and flooding the markets in our that stole Christmas. She wasn’t green, of cattle back and forth begins with ad- Nation? How many cattle will they ac- she was black and white and she pulled dressing brucellosis in those States. tually check as they come across the the rug out from under the industry Using those principles, we have been border? How will they determine which just for a moment in time. able to reduce the incidence of brucel- of those cattle are 30 months or less of Our Secretary of Agriculture effec- losis in this country. It works. They age? tively stepped in and talked our indus- are the same principles we are using on I have been around cattle for most of try and the consuming public into sta- BSE and asking for Canada and the my life, and I can tell you it is difficult bility again. Why? Because the cow had world organizations to apply, where we to tell which cows or cattle are more come from Canada. We have had our take minimal-risk countries, such as than 30 months of age, or more than 3 act together in the lower 48 for a good Canada and the United States, and or 31⁄2 years. My father might have long while, prohibiting the incorpora- apply those provisions in a good, sci- been able to tell us that. When you are tion of animal protein into the feed entific way. talking about that kind of prediction, supply. We have played by the rules, That is only part of it. The other part we don’t have an answer from the De- and they have been sustainable, sci- is that during the process you don’t in- partment of Agriculture. entific rules, which has assured the crease the risk by handling the proc- How will the entire BSE risk mitiga- American consumer safe, high-quality esses improperly. No. 1, you don’t want tion system be documented? What are beef. to circulate the food and feed it back the segregating procedures for the But when Canada sneezed and we got to the cows, the byproducts. That is a processing of cattle in Canada at this the cold, our trading partners backed policy that has been adopted here and point? How are we integrating the ef- away. In that backing away, we lost a in Canada, and it is something we have forts in trying to deal with the BSE billion-dollar Japanese market. I have learned since the outbreak in the Euro- issue and opening up markets in South been one saying to my industry in pean Community. Korea and Japan with the efforts that Idaho that I am going to work to force So, again, I also compliment Sec- we are dealing with now in Canada? the Canadians to get their act to- retary of Agriculture Johanns for his Those are very serious questions that gether, while at the same time we are efforts in trying to protect the beef in- will impact the American farmer and going to assure that we open the Japa- dustry and to use good science. He rancher for a long time to come. nese market. Our President has put comes from Nebraska. That is a big It seems to me it is a very reasonable pressure openly and personally on the beef State, as are many of the other request that many of us have made to Japanese, as has our Vice President States. But the important thing is to Secretary Johanns—that there ought and Secretary of State. It is unique and recognize that free trade is a benefit of to be a delay in the opening of the Ca- unusual, but it demonstrates the im- agriculture. It has benefited particu- nadian border until we can have faith portance of the livestock and cattle in- larly the beef industry. We want to that these questions that have been ap- dustry to this administration and to make sure we get the border open, and propriately asked by the ranchers and our country for them to say to the Jap- we need to use good science in opening farmers of America are answered. anese: Get your act together. We are it. With that, I urge my colleagues to clean; you know it; you see our science. I yield the floor. join in approval of the resolution. I We are doing the right thing. The PRESIDING OFFICER. The Sen- yield the floor. Yet the Japanese push back. I cannot ator from North Dakota is recognized. The PRESIDING OFFICER. The Sen- in good conscience open a border that Mr. CONRAD. Mr. President, I yield 5 ator from Georgia is recognized. brings greater numbers to the lower 48 minutes to the Senator from Colorado, Mr. CHAMBLISS. Mr. President, I when the science remains questionable Mr. SALAZAR. yield 5 minutes to the Senator from and we have not resumed the Pacific Mr. SALAZAR. Mr. President, I rise Idaho, Mr. CRAIG. rim markets that are extremely valu- in support of the bipartisan resolution The PRESIDING OFFICER. The Sen- able to the livestock industry. to disapprove the opening of the Cana- ator from Idaho is recognized. The new Secretary of Agriculture, dian border. My position on this is Mr. CRAIG. Mr. President, it is not Secretary Johanns, has been to the clear. Until we resolve comprehen- often that persons speaking on the op- Hill. We have talked with him. He is sively the underlying issues com- posing side of the issue on the floor doing the right things. We sent a letter prehensively in the interest of health yield time to someone who might dis- to him in opposition. He backed away and safety in support of our family agree with them. So I am thankful to for a time. He is pushing the science, farms and ranchers, we should keep the the chairman of the Agriculture Com- and he will continue to do so. But I do border closed. mittee, Senator CHAMBLISS, for being believe that a March 7 implementation Today, I speak on behalf of those so accommodating. is premature. men and women who are on farms and Yesterday, a judge in Montana said I trust that the judge looking at the ranches across America, whose liveli- there remains a question of concern as evidence in Montana yesterday has the hood depends on being able to have a it relates to the science that we hope is same concerns that are being reflected quality livestock industry in place in well underway in Canada. You have by the Senator from North Dakota and their States. I join organizations such certainly heard my colleagues from certainly by this Senator and many of as the Colorado Cattlemen’s Associa- Montana and others argue that is a le- us firsthand.

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.029 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1975 Actions do produce reactions. There portant matter. We also very much ports generally go to Japan. But Japan are consequences to our action. The want people in the United States and just said, no, and they closed their bor- Senator from Colorado has been con- around the world to be confident that ders to American beef. It is because of cerned about the displacement of the the beef produced in the United States that Canadian cow which had BSE that packing industry and what it will do, is free of BSE and is the best beef in was found in the United States. and it is having an impact. I am tre- the world. Many times many of us have been mendously concerned that if we do not Now is not the time to open the bor- over to Japan talking with the Japa- continue this aggressive pressure, we der to receive Canadian beef down to nese, saying our beef is safe; there is no could lose capacity in the lower 48 as the United States. There may be a BSE reported in United States cows. the Canadian industry begins to extend time—I hope there is a time—in the Because BSE has been discovered in its ability into packing of their live- not too distant future when we can do Japan in the last several years, the stock products. that. I think the North American mar- Japanese are very sensitive to the dan- Today, in good conscience, I cannot ket makes sense, where beef can be gers, the hideous dangers of BSE. nor will I oppose S.J. Res. 4. I believe eventually traded freely between the I ask the USDA to withdraw this we are sending an extremely valuable United States and Canada. After all, we rule. I ask the USDA to make the best message to all of the markets involved, are so close in so many ways. We have use of the new research that is avail- including the Canadians. The Cana- the same heritage, the same language. able. There is an evidentiary hearing dians do not get it. They see NAFTA as The Canadians and Americans are very coming up soon because a judge in a one-way road. We have been fighting similar in their outlook on life, with Montana ruled the border should be them for 4 years on timber. They do same values, so forth. closed. With regard to that investiga- not get it. But we in the United States are a lit- tive hearing the judge has ordered, now The PRESIDING OFFICER. The Sen- tle concerned—many of us are—with is the time to take a long hard look at ator has used the 5 minutes yielded to the direction the U.S. Department of this issue and to be transparent, to him. Agriculture has taken on this matter; open up to the public, open up to cattle Mr. CONRAD. I yield an additional that is, the Department has been quite producers, open up to beef packers who minute. secretive, that the Department, in an- have been denied thus far the applica- The PRESIDING OFFICER (Mr. nouncing its first rule to open the bor- tion of their comments as the Depart- GRAHAM). The Senator from Idaho is der for Canadian beef, did not tell us ment makes its final determination. recognized for an additional minute. something they knew at that time. Now is just not the time. I hope there Mr. CRAIG. Mr. President, I appre- What is that? They knew at that time will be a later time. Now is not it. ciate that. that BSE was just discovered in Can- I thank the Chair for his indulgence. The Canadians do not get it in timber ada. Ms. CANTWELL. Mr. President, I am and are still rope-a-doping us. The Sen- It turned out even after USDA made voting in favor of S.J. Res. 4, which in- ator from Montana is in the Chamber. their announcement of the rule, an- vokes the Congressional Review Act to He and I have partnered in trying to other case of BSE was found in Canada. disapprove of the U.S. Department of get them to get their act together on There have been several cases of BSE Agriculture’s minimal risk rule. I timber. They do not play the game well found in Canada. The one case of BSE wanted to explain to my colleagues and when it is one-way traffic. They are found in the United States was a Cana- my constituents my reason for doing doing the same thing in potatoes, and dian cow, recently imported from Can- so. my potato farmers in Idaho are under- ada. So we are rightfully a little con- I understand that the use of the Con- standing the consequence of losing cerned. We are concerned because we gressional Review Act is rare. Congress markets. want to make sure that the beef pro- has successfully used it only once in Those are the real problems. To our duced in both the United States and 2001, and its use should not be under- Canadian friends: Listen up. Get your Canada meets the highest standards. taken lightly. The Congressional Re- act together in Canada. Play by the We have pretty good standards in the view Act permitting these rule dis- rules in NAFTA and resume and re- United States now to protect against approval resolutions became law in main the good friends and trading part- BSE. Probably the best evidence is, to 1996. Although I understand from floor ners we have always been. But we will my knowledge, no BSE has been re- debate today the President intends to not dislocate economies in the lower 48 ported south of the border in Native veto this resolution if it reaches his for the benefit of economic gain in American cattle. I think there are four desk, if the Senator from North Da- Canada. That is not equality, and that cases involving Canadian cattle. kota, Mr. CONRAD, were successful, the is not the fair trade that we are look- The Canadians are clearly concerned result of his actions would be to over- ing at. about their production; they are clear- turn the minimal risk rule and prohibit Let’s make sure the science is right. ly concerned about their consumers. USDA from issuing another similar We cannot allow another hit on the The Canadian people want the very rule unless Congress authorizes the livestock industry of the lower 48. best beef. They think their beef is the agency to act. I yield the floor. best beef in the world, just like we I believe adopting this rule at this The PRESIDING OFFICER. Who think our beef is the best beef in the time is not the right action for our Na- yields time? world. That is fine. Now is not the time tion’s consumers and our country’s Mr. CONRAD. I yield 5 minutes to to open the border. We have too many beef industry. As Secretary Johanns the Senator from Montana. If he asks questions that are not yet answered. stated during his confirmation hearing, for additional time, I will be happy to One is the new science, new research reestablishing trade to Japan and other extend it to him. is going on with BSE which USDA is countries is our No. 1 priority. This The PRESIDING OFFICER. The Sen- not incorporating at all in its final goal will only be achieved when we ator from Montana is recognized for 5 rule; that is, the rule that is the sub- prove that we have implemented and minutes. ject of this resolution. Even with that, enforced dependable BSE firewalls. Mr. BAUCUS. Mr. President, I thank we know that our beef is safe. There is Though Canada may have taken ac- my friend from North Dakota. This is no BSE found in the United States, but tion to eliminate some loopholes in its obviously an extremely important mat- it probably makes sense for that new feed ban, and is considering additional ter because it affects the consumption research to be incorporated in the final rules to ban specialized risk materials of one of the most valuable staples in rule so we are all better assured we or SRMs from animal feed, we should the American diet, and that is meat. It have the best beef that we want our not open our borders until these addi- also affects the livelihood of so many consumers to have. tional firewalls are in place. And we Americans, the cattle ranchers, and This is also important with respect should be doing more to ensure that other producers of meat and red meat to one of our major trading partners, our feed is not contaminated by similar products in the United States. and that is Japan. About 10 percent of loopholes in the United States. Agriculture is our No. 1 industry in American beef production is exported Existing loopholes in the 1997 rumi- Montana, so this is an extremely im- overseas. About 37 percent of those ex- nant-to-ruminant feed ban continue to

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.031 S03PT1 S1976 CONGRESSIONAL RECORD — SENATE March 3, 2005 pose a risk that ruminant materials that overall compliance with the feed USDA’s rule is flawed in several re- may find their way into cattle feed. ban is good and that the feed ban is re- spects that need to be addressed. To Although the U.S. Food and Drug Ad- ducing the risk of transmission of bo- the credit of our new Secretary of Agri- ministration promised to close these vine spongiform encephalopathy in the culture, he swiftly recognized at least loopholes and stated that it had Canadian cattle population.’’ one of these significant shortcomings, reached a preliminary conclusion last It is not clear what ‘‘good’’ compli- and delayed USDA’s proposal to allow July to remove SRM from all animal ance means. We must provide our trad- shipment of Canadian beef from cattle feed, the agency has failed to act. ing partners, such as Japan and South over 30 months of age into the United Therefore, to address this issue, I Korea, stronger assurances than those States. USDA’s ill-considered approach have introduced legislation entitled provided in this APHIS report. would have resulted in significant eco- the Animal Feed Protection Act of We must provide them proof that we nomic hardships for many U.S. beef 2005, S.73, which would ban SRMs from have done everything possible to con- packers, particularly those that being used in any animal feed. This trol and eradicate this deadly disease slaughter culled dairy cows as their would eliminate the possibility that as we work to reestablish the trust of primary business. Secretary Johanns ruminant materials are knowingly or their consumers and access to their recognized this, and I commend him for accidentally fed to cattle. markets. his quick response. Banning SRMs from all animal feed It is very important that USDA sys- Further recognizing the short- is an important step we can take to tematically evaluate all possible risks comings of USDA’s rule, the U.S. Dis- fully ensure the safety of ruminant before reopening the border to Cana- trict Court for the District of Montana feed, and I hope that the Senate’s vote dian cattle. I do not believe that USDA has granted the Ranchers-Cattlemen today will encourage our Government has completed this level of evaluation. Action Legal Fund, United and the Canadian Government to act Therefore, I will be asking the Na- Stockgrowers of America’s, R-CALF, more swiftly on this issue. tional Academy of Sciences to review request for a preliminary injunction Some will argue that I should be con- the APHIS findings. They should assess barring USDA’s minimal risk rule from vinced by the report APHIS released at whether every aspect critical to evalu- taking effect. This is the second time the end of February stating that Can- ating feed regulations and compliance that USDA has lost in court on this ada’s feed ban compliance is good. I am has been addressed in this report or if issue. not convinced. additional analyses and inspections are While we still await the judge’s ra- On January 24, 2005, the U.S. Depart- needed. tionale for this decision, I believe the ment of Agriculture’s Animal and The American public must be assured unfortunate reality is that USDA has Plant Health Inspection Service, that Canadian cattle will not increase APHIS, sent a team of technical ex- largely dug its own hole by failing to the risk of BSE in the U.S. Until the perts to Canada to assess Canada’s cur- follow U.S. legal procedure and sci- American public has been assured, be- rent feed ban and feed inspection pro- entific guidelines in its rule for further yond a shadow of doubt, that the Cana- gram. The APHIS investigation was reopening U.S. markets to Canadian initiated in response to Canada’s latest dians are in full compliance with feed cattle and beef. Sadly, it is U.S. pro- case of bovine spongiform regulations it is prudent that we delay ducers and processors that bear the encephalopathy, BSE, which came just moving forward on reopening the bor- brunt of USDA’s failings. I have been concerned that USDA’s days after the USDA published its der until this assurance has been made. ‘‘Minimal Risk Rule’’ in the Federal The question of what will be best for final minimal risk rule strays from the Register on January 4, 2005. the U.S. beef industry with respect to World Animal Health Organization’s— The purpose of this investigation was reopening the border to Canada is com- OIE—scientific guidelines in important to determine whether the control plex. And deciding how best to proceed respects. Specifically, USDA has craft- measures put in place by the Canadian is not an easy decision to make or an ed minimal risk criteria that are weak- Government are achieving compliance easy step to take. er than OIE standards specify. For in- with regard to these regulations. This Segments of the U.S. beef industry stance, USDA’s rule does not spell out was a serious investigation. Canada’s are clearly divided on this issue and what is required to have an effective latest BSE case, reported on January not in agreement regarding what is ruminant-to-ruminant feed ban, an ef- 11, 2005, was particularly alarming be- best for the future of the U.S. beef in- fective BSE surveillance plan, or re- cause it was discovered in a cow under dustry. This is due in most part be- quire a compulsory reporting and in- 7 years of age and was thus born after cause this rule has affected industry vestigation system. In fact, USDA implementation of the 1997 ruminant- segments in vastly different ways. seems to have purposefully dropped to-ruminant feed ban. Although some regions of the U.S. elements of the OIE guidelines that On January 12, 2005, I sent a letter to have been hit harder than others, I might have required the United States Secretary Veneman and then-Governor know we all agree that as a nation, re- to classify Canada as a moderate risk Johanns, requesting that the audit establishing the export markets and country for BSE instead of minimal being conducted by APHIS inspectors international market share that the risk. be given time for a full and fair anal- U.S. beef industry once held, is our No. At a hearing of the Committee on ysis. The final APHIS report of last 1 priority. With that common goal in Agriculture, Nutrition, and Forestry week largely repeats information mind, we must use basic common sense on these issues, USDA attempted to ex- USDA released as part of its risk as- and delay going forward with the im- plain these discrepancies by stating sessment supporting the minimal risk plementation of this rule at this time. that there are redundancies among the rule in January. This Senator asked for Therefore, in the interest of reestab- several types of measures against BSE, a full look, if 2 weeks of Canadian in- lishing the trust of our trading part- and therefore if a country is weaker in spections yielded compelling evidence ners and preserving the confidence of one measure it might compensate in that the Canadian feed ban was being the American people, I will be voting in another measure. However, in the case fully enforced, this report misses the favor of this resolution and would urge of Canada, USDA has failed to set forth mark. my colleagues to do the same. what measures Canada might be I strongly believe that all consumers Mr. HARKIN. Mr. President, I sup- stronger in that warrant allowing slip- deserve reassurance that Canadian ren- port the resolution of the Senator from page in others. dering facilities, feed mills, and ranch- North Dakota disapproving the U.S. I am fully aware that these concerns ers are in compliance with Canada’s Department of Agriculture’s minimal about Canada are relevant to our sys- feed regulations. As you know, the ru- risk rule allowing expanded trade in tems here in the United States for pre- minant feed ban has been determined cattle and beef products from Canada. I venting and detecting the incidence of to be arguably the most important take this opportunity to explain my BSE. Since we first discovered BSE in BSE risk mitigation measure to pro- reasons for doing so. this country, I have questioned the ef- tect animal health. It is critical we restore beef and cat- ficacy of both our restrictions on feed- The APHIS report states that ‘‘Can- tle trade with our trading partners, but ing ruminant byproducts and our BSE ada has a robust inspection program, we must do it right. Unfortunately, surveillance plan. I do not believe

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.060 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1977 there are grave problems that threaten The truth of the matter is that we der. What happens is there are certain human health, but I do believe there have an obligation to look at the rules and regulations where one trans- are areas where we need improvement, science of the issue and if the science fers from Canadian regulation over to such as enforcement of our feed rules dictates, we should re-open the border. American regulation. We only have and the effectiveness of our surveil- That is where we are today. If someone certain points of entry into the United lance efforts. this morning can demonstrate to me States, and when that animal comes Ultimately, we need to come to a that the science USDA has relied on is into the United States, it is very ade- common agreement with our beef and faulty, I would be the first person to quately marked. They have ear tags cattle trading partners regarding an say we should not move forward, but and they are branded so that if some- acceptable framework for classifying a science must dictate our course, not thing should happen to the ear tags, country’s risk of BSE. If USDA des- political will. they still have the brand on the ani- ignates a minimal risk region for trad- Mr. FRIST. Mr. President, I rise in mal. ing that does not stand up to the sci- opposition to S.J. Res. 4 that would The only thing that can happen to entific principles that are established disapprove the administration’s regula- that animal is it moves into an ap- by OIE, we will hinder those efforts to tions that would reestablish trade with proved feedlot, it is isolated in that reopen markets. Canada for live cattle under 30 months feedlot, for the purpose of slaughter. So It is a sadly ironic footnote to this of age. that animal then is processed for debate that, were USDA to correct the As a doctor, I fully appreciate our re- slaughter. In the processing procedure, deficiencies in its rule, it would not sponsibility to protect the American all of the central nervous system tis- prevent any of the Canadian cattle or public’s health and safety by making sue—the brain, spinal cord—is dis- beef products that USDA has proposed sure our food supply is secure. carded. It is not used for consumption. to allow from entering the United At the outset of the bovine If there is a temperature on that ani- States. It would simply necessitate spongiform encephalophathy, BSE, mal, it is not slaughtered. that some additional safeguards be put scare in December 2003, the former Sec- So when one takes into consideration into place. retary of Agriculture Ann Venaman the final steps of the process, they can Unfortunately, USDA has turned a worked tirelessly to address this public understand I do not hesitate to suggest deaf ear to these valid concerns about health concern. That work has contin- that people ought to eat beef. Our beef the rule, and that is why we find our- ued under the new Secretary of Agri- is safe and the beef processed in this selves here today. I hope USDA is lis- culture Mike Johanns. country is safe. tening to today’s debate and will take Based on the information I have seen, I have a letter dated March 3. It was these concerns more seriously. Our ob- I believe multiple safeguards are in sent to me and is from Jim McAdams, jective today is not to shut down trade place today both in Canada and the president of the National Cattlemen’s indefinitely but, rather, to obtain the United States to protect human and Beef Association. He states flatly that needed changes in the rule to facilitate animal health. Based on a U.S. inves- this resolution should be opposed for the restoration of safe trade in cattle tigative team that has examined Can- the following reasons, and he gives six and beef products with countries that ada’s compliance with a feed ban, based reasons. He says this resolution should have experienced BSE. And that in- on a strong Canadian surveillance sys- be opposed and in its place would urge cludes reopening now-closed markets tem testing cattle most likely to have the Senate to support an effort to open for U.S. beef exports. had BSE, and, based on a ban on cattle the Japanese, South Korean, and addi- I urge my colleagues to approve this imports into Canada from countries tional markets for U.S. cattle pro- resolution. that have had widespread BSE, all rea- ducers. Mr. GRASSLEY. Mr. President, let sonable efforts appear to have been I thank those 19 Senators who joined me be very clear about this. I feel pas- taken at this time to minimize the risk me in writing a letter to the Japanese sionately about competition and con- of Canadian beef imports into the Ambassador to open their markets to centration-based issues. United States. American beef. Last Congress I introduced the Pack- Sound science must be a basis to gov- Mr. McAdams states that the failure er Ban, the Transparency Act, which erning our trade relations around the to open these markets has cost the requires packers to purchase pigs and globe. I believe that such science has U.S. cattle producers $175 per head and cattle for slaughter from the cash mar- been applied here and that the adminis- a cumulative loss of nearly $5 billion in ket daily, the 20–10 bill, which limits tration’s regulations on Canadian beef income. We need the full attention of any packer which owns more than 20 import should proceed. the Senate to act on this issue, not to million head of pigs to slaughtering I ask my colleagues to reject this res- act to block science-based trade poli- less than 10 million vertically inte- olution. cies. grated pigs, and a bill to eliminate The PRESIDING OFFICER. Who Then No. 2 states: mandatory arbitration clauses from yields time? The resolution supports blocking a science production contracts, similar to legis- Mr. CHAMBLISS. Mr. President, I and risk-based analysis and phasing in open- lation we passed for car dealers. yield the Senator from Colorado 5 min- ing of the Canadian borders. This action does I feel strongly that we need to em- utes. meet the real needs of U.S. cattle producers, power producers through legislation The PRESIDING OFFICER. The Sen- as it will give excuses for other countries to based on leveling the playing field, but ator from Colorado is recognized for 5 block our exports. this resolution is not how we should minutes. Point No. 3 in the letter opposing the accomplish that goal. Mr. ALLARD. Mr. President, ques- resolution: By supporting this resolution we are tions were raised earlier about the ac- The resolution should be opposed and in its taking a protectionist position instead curacy of dentition; in other words, place, we urge the Senate to support action of encouraging free trade. We might looking at the eruption of teeth to to ensure the Canadian government elimi- delay the importation of 900,000 feed- identify when the animal is 30 months nates their blue tongue and anaplasmosis ers, but ultimately we are potentially old. That is pretty exact science. It is trade barriers for all classes of U.S. cattle putting our entire export market at very reliable; not to say maybe one or exports to Canada. risk, including the Japanese market. two cows will slip through that are off Think about that. In the world we lead by example, and a month or two. That is why the 30- The resolution will allow maintaining the if our example is tied to the pre- month period was selected, because status quo with Canada further accelerating cautionary nature of this resolution, this is a disease of slow onset, and the shift of the packing, processing capacity, expect the world to potentially follow when they are under 30 months, we or- and jobs from the U.S. to Canada, and hurt- dinarily do not have to worry about ing U.S. cattle producers. suit. The resolution ignores the fact that beef is The decision by USDA to re-open the them. safe. Analysis of the reports by industry and border has been construed as a ‘‘rush to Let us suppose somebody has some government clearly indicate that Canada, judgment’’. That could not be further concerns about an animal that may be just like the U.S., has taken the necessary from the truth. infected with BSE coming across a bor- steps to ensure that their beef is safe. This

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.061 S03PT1 S1978 CONGRESSIONAL RECORD — SENATE March 3, 2005 resolution perpetuates fear mongering over mous. Anybody who is betting that Let me close by reminding my col- nonexistent safety concerns and misrepre- Canada is enforcing their regulations is leagues that when mad cow disease got sents well-documented science doing a dis- making a bet that I do not think loose in England, 146 people died, and service to the cattle industry and U.S. con- stands much scrutiny. nearly 5 million head of livestock were sumers. The USDA has already addressed prior pro- I will end as I began, at least in this slaughtered. We cannot and we should ducer concerns of this rule, to the extent part of the debate. When the Canadian not run the risk of prematurely open- that USDA has withdrawn the section of the media used the Information Act in ing our border when we know there are final rule regarding beef from animals over their country to look at what the Ca- four confirmed cases of mad cow dis- thirty months. nadian testing authority themselves ease in Canada, and when we know We urge you to vote NO on this resolution. had found, they looked at 70 tests con- from the Canadians’ own inspection The PRESIDING OFFICER. The Sen- ducted by the Canadian agency, and service that in nearly 60 percent of the ator from North Dakota. they found in 59 percent of the cases, cases, animal matter was found where Mr. CONRAD. Mr. President, the animal matter was present where it it should not have been. issue before this body is as clear as it was not supposed to be. This is a risk This is a consequential vote. I hope can be. This is going to be a consequen- that is not worth taking. The con- my colleagues will take it seriously. tial vote, make no mistake about it. sequences could be far too grave for the We ought to at least buy time until This may be a vote that Members look American people and the American further investigations are made to as- back on and, if they vote against this economy. sure us that the risk of mad cow dis- resolution, they may deeply regret I yield the floor. ease coming into this country has been that in the future, because if, God for- The PRESIDING OFFICER. The Sen- reduced in as significant a way as is bid, additional mad cow cases come in ator from Georgia. possible. from Canada, and that awful disease Mr. CHAMBLISS. Mr. President, I I thank my colleagues. spreads in America, the consequences suggest the absence of a quorum. Mr. CHAMBLISS. Mr. President, to this country could be enormous. The PRESIDING OFFICER. The again I thank my colleague from North We all know what happened in Eu- clerk will call the roll. Dakota for bringing up this issue. I rope. It is not a matter of speculation. The legislative clerk proceeded to know it is of critical importance, as do In England, 146 people died. Nearly 5 call the roll. a number of Members of this body. But million head were slaughtered in Eng- Mr. CHAMBLISS. Mr. President, I I must remind folks that as we have land alone. ask unanimous consent the order for gone through the debate here today, we Let us connect the dots. In Canada, the quorum call be rescinded. have heard time and time again from we know there are four confirmed cases The PRESIDING OFFICER. Without those who are opposed to this resolu- of mad cow disease from cattle raised objection, it is so ordered. tion that this is an issue not of emo- Mr. CHAMBLISS. Mr. President, I in that country. In addition, there is tion but an issue of sound science. All ask unanimous consent that we pro- one case of a confirmed BSE positive of the sound science says that the Sec- ceed as in morning business and that cow, mad cow, that was imported from retary of Agriculture has made the cor- Senator DOLE be recognized for 5 min- England. That is five cases. The most rect decision and that the border utes, Senator MARTINEZ for 5 minutes, recent was a cow born after Canada should be opened with Canada for the Senator ALLARD for 3 minutes, and my- supposedly put in the protections. The importation of beef and cattle under 30 self for 3 minutes. Canadians’ own inspection service months of age. The PRESIDING OFFICER. Without I want to remind our folks, too, that found that in 59 percent of the cases objection, it is so ordered. as you think about how you are going where they tested, animal matter was (The remarks of Mrs. DOLE, Mr. MAR- to vote, know and understand that found where it was not supposed to be. TINEZ, Mr. CONRAD, and Mr. ALLARD are once again the checks and balances That is what heightens the risk of mad printed in today’s RECORD under system we have in our Constitution is cow disease. ‘‘Morning Business.’’) Some of those cases, in fairness, have at work on this issue. There was a ORDER OF PROCEDURE—S. 256 court decision yesterday. A temporary now been resolved. Seventeen percent Mr. CHAMBLISS. Mr. President, I of the cases have not been. In Canada, restraining order was issued relative to ask unanimous consent that the votes the further reopening of the border on there are 25,000 feed-producing entities in relation to the Dayton and Nelson on farms. They produce half of all the Monday. That decision will be decided amendments, which were to follow im- on the merits after a full hearing from feed in Canada. Only 3 percent have mediately after the vote on S.J. Res. 4, been checked in the last 3 years. There both sides. In this body we have heard now be set to occur at 2 o’clock. contradictory statements. There an are four known cases of mad cow in The PRESIDING OFFICER. Is there Canada. There should be no rush to impartial judge will make a decision objection? based upon his findings relative to the open this border in the face of that evi- Without objection, it is so ordered. dence. The risk to this country, the facts in the case. Mr. CHAMBLISS. I further ask unan- This is not a health issue. It is not a risk to human life, and the risk to this imous consent that at 12:50 the Senate health risk to human beings if the bor- industry is simply too great. proceed to a vote on adoption of the der is reopened. This is an issue of ani- My colleague talks about the Na- pending resolution with the time mal safety. It should be based upon tional Cattlemen’s position. This is equally divided between Senators sound science. what they have said with respect to Chambliss and Conrad. Let me read two things. opening the border. They said there are The PRESIDING OFFICER. Is there First of all, I have a letter from the 11 conditions that should be met, and 8 objection? Secretary of Agriculture dated March of them have clearly not been met. I do Without objection, it is so ordered. 3, 2005, and I want to read two sen- not know if they have changed their Mr. CONRAD. Mr. President, if I may tences from the letter. position subsequently, but this is what very briefly sum up, I hope my col- First, the Secretary says: they outlined, and 8 of these 11 posi- leagues will give careful consideration If Canadian beef and cattle posed a risk to tions have not been met. to this vote. This vote would dis- U.S. human or animal health, USDA would In my own State, the cattlemen have approve the ruling from the USDA that never have proposed reopening the border. told me to go forward with this resolu- the border with Canada should be Science must be the touchstone governing tion. My own State legislature, over- opened on March 7. our trade relations and guiding our actions. whelmingly Republican, has over- I say respectfully that this runs a Continued closure of the Canadian whelmingly approved a resolution ask- risk which we should not take. It is border is not justified by the best sci- ing us to keep this border closed until very clear from all of the evidence that entific understanding of BSE risks. we can have greater confidence that Canada is not enforcing the regulations Lastly, let me read a Statement of Canada is enforcing their own regula- upon which USDA relied in recom- Administration Policy dated March 3, tions. mending that the border be opened. 2005, from the Executive Office of the This is a consequential vote. The po- The consequences to our country could President of the United States, Office tential risk to this country is enor- be serious and dramatic. of Management and Budget, as follows:

VerDate jul 14 2003 02:30 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.032 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1979 The Administration strongly opposes Sen- Kohl Nelson (NE) Shelby usury law. While I understand and ap- ate passage of S.J. Res. 4, a resolution to dis- Landrieu Obama Smith preciate the good intentions of my col- approve the rule submitted by the United Lautenberg Reed Stabenow Leahy Reid league, I cannot support what amounts States Department of Agriculture (USDA) Thomas Levin Salazar to Federal price controls. This is a with respect to establishing minimal risk re- Thune Lieberman Sarbanes Wyden mode of regulation from a bygone day. gions and reopening the Canadian border for Mikulski Schumer beef and cattle imports. USDA’s rule is the Murray Sessions Price controls are a failed experi- product of a multi-year, deliberative, trans- ment that often hurt those who they NAYS—46 parent, and science-based process to ensure are intended to help. Even if the price that human and animal health are fully pro- Alexander Dole Murkowski control envisioned in this amendment tected. S.J. Res. 4, which would prevent the Allard Frist Nelson (FL) Allen Graham was never triggered, it would set a very reopening of our Canadian border, would Pryor Bennett Grassley bad precedent. cause continued serious economic disruption Roberts Bond Gregg Rockefeller Credit underwriting is the assess- of the U.S. beef and cattle industry, under- Brownback Hagel Santorum mine U.S. efforts to ensure that inter- Bunning Hatch ment of the risk. Interest rates are in- Snowe tended to reflect the risk of a par- national trade standards are based on Burr Hutchison Specter Chafee Isakson science, and impede ongoing U.S. efforts to Stevens ticular credit. They have to. Chambliss Kyl reopen foreign markets now closed to U.S. Sununu While I appreciate my colleague’s Cochran Lincoln Talent beef exports. If S.J. Res. 4 were presented to Coleman Lott concerns, I fear that his amendment the President, he would veto the bill. Collins Lugar Vitter will result in credit becoming less ac- Voinovich With that, I ask for the yeas and Cornyn Martinez cessible to more Americans. Market DeMint McCain Warner nays. DeWine McConnell forces are the best regulator of prices. The PRESIDING OFFICER. Is there a As chairman of the Banking Com- sufficient second? NOT VOTING—2 mittee, which has jurisdiction over Mr. CONRAD. How much time re- Feingold Inouye consumer credit and price controls, I mains? The joint resolution (S.J. Res. 4) was must oppose this amendment and en- The PRESIDING OFFICER. There is passed, as follows: courage my colleagues to do so. We are 56 seconds remaining. S.J. RES. 4 going to have some hearings on similar Mr. CONRAD. Mr. President, I say Resolved by the Senate and House of Rep- matters in the Banking Committee, quickly in response, no court can re- resentatives of the United States of America in and I hope Senator DAYTON would work lieve the responsibilities of this vote Congress assembled, That Congress dis- with us in that regard. from our Members. Every Member is approves the rule submitted by the Depart- The PRESIDING OFFICER. The Sen- going to be responsible for the vote we ment of Agriculture relating to the estab- ator from Maryland. cast. When my colleague says this is lishment of minimal risk zones for introduc- Mr. SARBANES. Mr. President, I rise not a health issue, I respectfully dis- tion of bovine spongiform encephalopathy to underscore the statement just made (published at 70 Fed. Reg. 460 (2005)), and agree. This is profoundly a health such rule shall have no force or effect. by the chairman of the Banking Com- issue. If mad cow disease is ever un- mittee. This issue embraced in this Mr. CONRAD. Mr. President, I move leashed in this country, God forbid, we amendment is very far-reaching. There to reconsider the vote. will find out what an acute health have been no hearings on it. The chair- Mr. SARBANES. I move to lay that issue it is. man has indicated he intends to do motion on the table. I urge my colleagues to support the some hearings on issues relating to the The motion to lay on the table was resolution. It is the prudent, careful, matter that is before us. It does not agreed to. and cautious thing to do. seem to me to be a wise or prudent The PRESIDING OFFICER. Is there a f course to consider what would, in ef- sufficient second? BANKRUPTCY ABUSE PREVENTION fect, be a very major legislative step in There is a sufficient second. AND CONSUMER PROTECTION the absence of appropriate consider- The yeas and nays were ordered. ACT OF 2005 ation by the committee of jurisdiction; The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- therefore, I intend to also oppose this question is on the engrossment and ate will resume consideration of S. 256, amendment, primarily on those third reading of the joint resolution. which the clerk will report. grounds. The joint resolution was ordered to The assistant legislative clerk read The substance is a complicated issue, be engrossed for a third reading, and as follows: and in any event it is very clear it was read the third time. needs to be very carefully examined The PRESIDING OFFICER. The joint A bill (S. 256) to amend title 11 of the and considered. I do not think that has United States Code, and for other purposes. resolution having been read the third occurred in this instance, and I hope time, the question is, Shall the joint Pending: my colleagues would perceive the mat- resolution pass? The yeas and nays Leahy Amendment No. 26, to restrict ac- ter in the same way. have been ordered. cess to certain personal information in bank- I thank the Chair. ruptcy documents. The clerk will call the roll. Dayton Amendment No. 31, to limit the The PRESIDING OFFICER. The Sen- The bill clerk called the roll. amount of interest that can be charged on ator from Massachusetts. Mr. DURBIN. I announce that the any extension of credit to 30 percent. AMENDMENT NO. 44 Senator from Wisconsin (Mr. FEINGOLD) Feinstein Amendment No. 19, to enhance Mr. KENNEDY. Mr. President, I send and the Senator from Hawaii (Mr. disclosures under an open end credit plan. an amendment to the desk. INOUYE) are necessarily absent. Nelson of Florida Amendment No. 37, to The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mr. MAR- exempt debtors from means testing if their financial problems were caused by identity objection, the pending amendments are TINEZ). Are there any other Senators in theft. set aside. the Chamber desiring to vote? Durbin Amendment No. 38, to discourage The clerk will report. The result was announced—yeas 52, predatory lending practices. The assistant legislative clerk read nays 46, as follows: Rockefeller Amendment No. 24, to amend as follows: the wage priority provision and to amend the [Rollcall Vote No. 19 Leg.] The Senator from Massachusetts [Mr. KEN- payment of insurance benefits to retirees. YEAS—52 NEDY], for himself, Mrs. CLINTON, Mr. KERRY, Akaka Clinton Durbin The PRESIDING OFFICER. The Sen- Ms. MIKULSKI, Mr. FEINGOLD, and Mr. DAY- Baucus Coburn Ensign ator from Alabama. TON, proposes an amendment numbered 44. Bayh Conrad Enzi AMENDMENT NO. 31 Biden Corzine Feinstein Mr. KENNEDY. Mr. President, I ask Bingaman Craig Harkin Mr. SHELBY. Mr. President, I rise in unanimous consent that the reading of Boxer Crapo Inhofe opposition to the amendment offered the amendment be dispensed with. Burns Dayton Jeffords by my colleague from Minnesota, Sen- The PRESIDING OFFICER. Without Byrd Dodd Johnson Cantwell Domenici Kennedy ator DAYTON. Basically, he has offered objection, it is so ordered. Carper Dorgan Kerry an amendment to create a Federal The amendment is as follows:

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.004 S03PT1 S1980 CONGRESSIONAL RECORD — SENATE March 3, 2005 (Purpose: To amend the Fair Labor Stand- Senate to join us in going back to hav- Mr. SCHUMER. Mr. President, I ask ards Act of 1938 to provide for an increase ing the minimum wage at least in- unanimous consent to temporarily set in the Federal minimum wage) crease to a reasonable level. aside the pending amendments to offer At the appropriate place, insert the fol- Now, who are the minimum wage an amendment. lowing: earners? The minimum wage earners The PRESIDING OFFICER. Without TITLE ll—FEDERAL MINIMUM WAGE are men and women of dignity. Even objection, it is so ordered. SEC. ll01. SHORT TITLE. though they get paid at a minimum AMENDMENT NO. 42 This Act may be cited as the ‘‘Fair Min- wage, they work hard, they take a Mr. SCHUMER. The amendment is at imum Wage Act of 2005’’. sense of pride in what they achieve, the desk. I ask for its immediate con- SEC. ll02. MINIMUM WAGE. and they do a hard day’s work. More sideration. (a) IN GENERAL.—Section 6(a)(1) of the Fair often than not, they not only have one The PRESIDING OFFICER. The Labor Standards Act of 1938 (29 U.S.C. job, but they have two jobs and some- clerk will report the amendment. 206(a)(1)) is amended to read as follows: times even three jobs. The assistant legislative clerk read ‘‘(1) except as otherwise provided in this What sort of jobs do the minimum section, not less than— as follows: ‘‘(A) $5.85 an hour, beginning on the 60th wage workers have? First, many of The Senator from New York [Mr. SCHU- day after the date of enactment of the Fair them are teachers’ aides in our school MER], for himself, Mr. BINGAMAN, Mr. DUR- Minimum Wage Act of 2005; systems, working with the young stu- BIN, and Mrs. FEINSTEIN, proposes an amend- ‘‘(B) $6.55 an hour, beginning 12 months dents of America. Many others are ment numbered 42. after that 60th day; and working in our nursing homes, looking Mr. SCHUMER. I ask unanimous con- ‘‘(C) $7.25 an hour, beginning 24 months after the parents who were part of the sent the reading of the amendment be after that 60th day;’’. ‘‘greatest generation,’’ men and women dispensed with. (b) EFFECTIVE DATE.—The amendment who sacrificed for their own children, The PRESIDING OFFICER. Without made by subsection (a) shall take effect 60 objection, it is so ordered. days after the date of enactment of this Act. men and women who brought this The amendment is as follows: SEC. ll03. APPLICABILITY OF MINIMUM WAGE country through the Great Depression. TO THE COMMONWEALTH OF THE These are men and women of dignity (Purpose: To limit the exemption for asset NORTHERN MARIANA ISLANDS. who take a sense of pride in their work. protection trusts) (a) IN GENERAL.—Section 6 of the Fair Beyond that, who are they? This is On page 205, between lines 16 and 17, insert Labor Standards Act of 1938 (29 U.S.C. 206) basically a women’s issue because the the following: shall apply to the Commonwealth of the great majority of the millions of people SEC. 332. ASSET PROTECTION TRUSTS. Northern Mariana Islands. who would benefit from this minimum Section 548 of title 11, United States Code, (b) TRANSITION.—Notwithstanding sub- wage increase are women. It is a chil- as amended by this Act, is further amended section (a), the minimum wage applicable to by adding at the end the following: the Commonwealth of the Northern Mariana dren’s issue because a one-third of ‘‘(e) The trustee may avoid a transfer of an Islands under section 6(a)(1) of the Fair those women have children. So it is a interest of the debtor in property made by an Labor Stnadards Act of 1938 (29 U.S.C. women’s issue and it is a children’s individual debtor within 10 years before the 206(a)(1)) shall be— issue. It is also a civil rights issue be- date of the filing of the petition to an asset (1) $3.55 an hour, beginning on the 60th day cause many who earn the minimum protection trust if the amount of the trans- after the date of enactment of this Act; and wage are men and women of color. So fer or the aggregate amount of all transfers (2) increased by $0.50 an hour (or such less- it is a family issue, a women’s issue, a to the trust or to similar trusts within such er amount as may be necessary to equal the 10-year period exceeds $125,000, to the extent minimum wage under section 6(a)(1) of such children’s issue, a civil rights issue, that debtor has a beneficial interest in the Act), beginning 6 months after the date of and, most of all, it is a fairness issue. trust and the debtor’s beneficial interest in enactment of this Act and every 6 months Americans understand fairness. What the trust does not become property of the es- thereafter until the minimum wage applica- they understand is anyone who will tate by reason of section 541(c)(2). For pur- ble to the Commonwealth of the Northern work 40 hours a week, 52 weeks of the poses of this subsection, a fund or account of Mariana Islands under this subsection is year, should not have to live in poverty the kind specified in section 522(d)(12) is not equal to the minimum wage set forth in such in the United States of America. That an asset protection trust.’’. section. is what this issue is all about. That is Mr. SCHUMER. Mr. President, I will Mr. KENNEDY. Mr. President, this what the vote will be on, on Monday be very brief. This amendment closes amendment will increase the minimum next, whether we are going to say to the so-called millionaires loophole. If wage from $5.15 an hour to $7.25 an millions of our fellow citizens that any of you happened to read yester- hour over roughly a 2-year period. My they will not have to live in poverty, day’s New York Times, there is in ex- friend from Pennsylvania, Senator although they will still be earning isting law a hidden loophole which ba- SANTORUM, will offer his own minimum below the poverty rate. sically says if you are a millionaire and wage amendment, and he will do so What the amendment will do is the want to file a certain trust in one of later on in the afternoon. We intend to following. It is the equivalent of 2 five States, you can hide all your debate this and vote on it, subject to years of childcare. It will provide full money even though you declare bank- the agreements of the leaders, probably tuition for a child in a community col- ruptcy. So the irony is, in this bill, late Monday afternoon, and we will lege, or a year-and-a-half of heat and while we are talking about people who take the opportunity during Monday electricity, or more than a year of gro- make $35,000 or $40,000 or $45,000 and we afternoon to get into greater details. ceries, or more than 9 months of rent. want to make sure they do not abuse Both Senator SANTORUM and I have This might not sound like very much bankruptcy, the law allows this abuse agreed that we would each make a brief to the Members of this body who have of bankruptcy. presentation on this item at this time. seen their pay increase seven times The Bankruptcy Abuse Prevention We have not seen an increase in the since we have last increased the min- and Consumer Protection Act, which I minimum wage for 8 years. At the imum wage. But we ought to be able to am introducing along with my col- present time, the minimum wage has say here and now that we will join the leagues Senators DURBIN, FEINSTEIN, fallen to the second lowest level in the traditions of an Eisenhower, a Ford, and BINGAMAN, and I believe Senator last 45 years. Since 1938, the minimum and the first President Bush, Democrat CLINTON as well, will close this loop- wage has been increased on eight dif- and Republican Presidents alike, and hole. ferent occasions. On most of those oc- say those working Americans who You do not have to be a resident of casions it has been with bipartisan sup- work at some of toughest and most dif- these five States, but you can be a mil- port. Republicans have recognized that ficult jobs, men and women of pride lionaire or billionaire and stash away we ought to treat people fairly and de- and dignity, ought to be paid a fair assets: mansions, racing cars, yachts, cently, and those at the lower level of wage. That is what this amendment is investments, in a special trust, and you the economic ladder ought to be able to about. We look forward to a further de- can hold onto that windfall after bank- have a livable wage. President Eisen- bate when we have the opportunity to ruptcy. That is not fair. We will debate hower felt that way, President Ford do so on Monday next. the amendment later this afternoon. I felt that way, and the first President The PRESIDING OFFICER. The Sen- want to notify my colleagues and place Bush felt that way. We are asking the ator from New York. it in order on the floor.

VerDate jul 14 2003 00:43 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.006 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1981 The amendment has been read? The PRESIDING OFFICER (Mr. AL- to do in this economy, which is not to The PRESIDING OFFICER. Yes, it EXANDER). The Senator from Pennsyl- put a jolt of that nature into what is was. vania is recognized. already a concern about inflation. To Mr. SCHUMER. It is now in order so AMENDMENT NO. 44 be able to put that kind of minimum I will yield the floor. Mr. SANTORUM. Mr. President, I un- wage increase in I think would fuel in- Mr. KENNEDY. Will the Senator derstand I only have a couple of min- flationary fears. It would have strong yield? utes, so I will be very brief. I want to negative repercussions in our economy, Mr. SCHUMER. I am happy to. speak on the issue of minimum wage. I broadly. Mr. KENNEDY. One of the concerns know the Senator from Massachusetts While I do understand the need now many of us had in this bill is the inter- has offered this amendment on the that it has been almost 8 years without est of fairness. I think fairness ought minimum wage to this package. I will a minimum wage increase, I think to be standard for any piece of legisla- be opposing the Kennedy amendment what I will be offering is a modest one tion. As it is currently before us, we and will be offering an alternate to this that comports with and will fit within will have those who will be able, with amendment. But let me explain first this economy. We do some things to ad- their homestead exemption, to preserve why I oppose the Kennedy amendment. dress the issue of small businesses, homesteads valued at millions and mil- First, it doesn’t belong on this bill. which the amendment of the Senator lions of dollars and, on the other side, Even the amendment I will offer as an from Massachusetts does not do. individuals will lose completely all of alternative does not belong on the bill. We don’t want to disproportionally affect those poor communities, or hurt their savings because they will lose I have spoken to Senator KENNEDY and their homes. There is no fairness there. others about what I believe is the ap- the small business neighborhood store The Senator from New York is point- propriate place for this discussion. or cleaners or whatever the case may ing out in another area the issue of That is the welfare reform bill. It will be that is trying to make ends meet by fairness. Those who have resources and be a bill that will come here and have putting this kind of increased cost on have wealth and have the contacts will a lot of amendments and it focuses on them as high as the Kennedy amend- ment would be, or even as high as what be able to shelter their resources while how we help those who are I would suggest, without some sort of basically middle-income working fami- transitioning from welfare to work, relief to compensate very small busi- lies, the working poor who are trying how we help them and give them the nesses. I think that would be unwise to get by and have seen an explosion of support they need to be able to have and it would hurt the community. We different costs, on housing, on health work that pays well enough for them want to help by providing more re- care, on tuition, will be buried. to get out of poverty. I think this dis- sources. Increasing the minimum wage This will be another dramatic exam- cussion fits best, and I would argue has does not help those small businesses in ple where those who have it will be the better chance of actually ending up that community. I think it would have able to preserve it and those who have in a final bill and being sent to the a bad, overall negative effect on the been struggling will lose it. President, on the welfare bill as op- Mr. SCHUMER. I thank my col- very poor communities of our society. posed to here, which I think everyone I see my time is up. I yield the floor. league. He is exactly on point. It is recognizes is a bill that has been outrageous that someone worth mil- AMENDMENT NO. 31 worked on for years and years and The PRESIDING OFFICER. Under lions or billions of dollars can declare years. bankruptcy and then shield their as- the previous order, the hour of 2 p.m. We have a bill that has bipartisan having arrived, there will be 4 minutes sets in this trust so they do not come support, with the hope of trying to get before the bankruptcy court. The Sen- equally divided on debate in relation to this to the President at a propitious amendment No. 31. ator, my friend from Massachusetts, is time. So I would make the argument, exactly right; we are talking about Who yields time? No. 1, first and foremost I would oppose The Senator from Minnesota. people who make $45,000 and we are the Kennedy amendment on that Mr. DAYTON. Mr. President, this going after them, yet we are allowing ground. legislation is entitled ‘‘The Bank- millionaires and billionaires to use this Second, I suggest—— ruptcy Abuse Prevention and Con- loophole. Of course, it is not all mil- Mr. KENNEDY. Will the Senator sumer Protection Act.’’ Unfortunately, lionaires and billionaires, it is a small yield for a question on that part? there is actually very little consumer number who go into bankruptcy and Mr. SANTORUM. I only have about 1 protection in it. who abuse it. We can close it. We will minute and I am happy to yield to the My amendment would add some debate this amendment later this after- Senator from Massachusetts for a brief much needed consumer protections to noon, but let us hope that we do not question. the bill and end one of the principal have a lockstep, let’s vote ‘‘no’’ on ev- Mr. KENNEDY. I offered the amend- abuses that drives people into bank- erything. It would be hypocritical to ment on the TANF bill last year and ruptcy—exorbitant interest rates. say we have to close abuses on middle- the bill was pulled because it was of- My amendment would limit the max- income people and not close abuses on fered as an amendment. So that is part imum annual interest rate that could the very wealthy. of our frustration. be charged to any consumer by any I will be happy to continue to yield Mr. SANTORUM. I respect the Sen- creditor to 30 percent. Thirty percent to my friend. ator from Massachusetts. I think there is still a very high interest rate—far Mr. KENNEDY. I will ask a final is a little different environment. I too high, in my view. question. A third of all the bank- think there is a broad group who will Inflation is currently running around ruptcies are among those who are earn- deal with the reauthorization of wel- 2 percent. The interest rate on 3-month ing below the poverty line. Does the fare and deal with that and get a bill Treasury bills is 2.75 percent. The Senator think they will be able to take passed and sent to Congress this year, prime lending rate is 5.5 percent. So 30 advantage of this loophole? and you will certainly have my support percent is exorbitantly high, but it is Mr. SCHUMER. I would say to my trying to get that done in a fashion much less than the 384 percent that is colleague from Massachusetts, they that I believe reinstates work require- being charged by money centers in can’t even afford the lawyer to write ments, which have fallen off because of Minnesota, or the 535-percent annual the first page of the trust that these the drop in the welfare rolls across interest rate charged by centers in Wis- others can. Again, the question an- America. consin, or the 1,095-percent interest swers itself. What is good for the goose The second reason I oppose the Ken- rate being charged by the County Bank is good for the gander. What is good for nedy amendment is because the in- of Rehoboth Beach in Delaware. That someone below the poverty line cer- crease is too dramatic at this point. We is not just predatory lending, that is tainly ought to be good for millionaires are talking about an over $2 increase, ‘‘terroristic’’ lending. and billionaires who want to abuse the over a 40-percent increase in the min- My amendment would apply to any bankruptcy process. imum wage. While I do support a mod- rate of interest charged by any creditor I yield the floor in deference to my est proposal, something about half that to any borrower for any purpose. How- colleague from Pennsylvania. amount, I think that is the wise thing ever, it would not preempt any State,

VerDate jul 14 2003 01:15 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.038 S03PT1 S1982 CONGRESSIONAL RECORD — SENATE March 3, 2005 local, or private restriction that im- The result was announced—yeas 24, Mr. HATCH. Mr. President, I rise in poses a lower rate of interest. nays 74, as follows: opposition to the Nelson amendment, For example, 21 States, which include [Rollcall Vote No. 20 Leg.] although I commend the Senator from my home State of Minnesota, cap in- YEAS—24 Florida in his work on this issue of terest rates for credit cards. Min- Akaka Dodd Lieberman identity theft. This amendment is writ- nesota’s ceiling is 18 percent. That Bayh Dorgan Mikulski ten so broadly, it actually invites fraud would still apply. Yet when money cen- Boxer Feinstein Murray despite its well-intentioned purposes. I ters operate in Minnesota at 384 per- Byrd Harkin Pryor understand there will be several hear- Clinton Jeffords Rockefeller cent interest, that limit would be 30 Conrad Kennedy Salazar ings on the issue of identity theft, and percent. Corzine Lautenberg Schumer I look forward to working with my Again, under my amendment, when- Dayton Levin Stabenow friend from Florida and my other col- ever a creditor is limited to a lower in- NAYS—74 leagues to find a solution. But for now, terest rate, that lower rate would Alexander Dole McConnell this is written so broadly that I think apply. Whenever there is no interest Allard Domenici Murkowski it actually invites fraud. I hope my col- cap, or wherever that cap is higher Allen Durbin Nelson (FL) leagues will oppose the amendment be- Baucus Ensign than this amendment’s 30-percent Nelson (NE) cause it would cause a lot of difficulty limit, then this 30-percent annual in- Bennett Enzi Obama Biden Frist on this bill. terest rate would apply. Reed Bingaman Graham Reid Mr. NELSON of Florida. Will the I urge my colleagues to support this Bond Grassley Roberts Senator yield for a clarification? amendment. It has the support of the Brownback Gregg Santorum Mr. HATCH. I am happy to yield. Consumer Federation of America, the Bunning Hagel Sarbanes Burns Hatch Sessions Mr. NELSON of Florida. Does the National Association of Consumer Ad- Burr Hutchison Shelby Senator realize that in my amendment Cantwell Inhofe vocates, and the U.S. PIRG. Smith Carper Isakson anyone who incurs less than $20,000 of I yield the floor. Snowe The PRESIDING OFFICER. Who Chafee Johnson debt as a result of identity theft would Chambliss Kerry Specter not be eligible to become an exception yields time? Coburn Kohl Stevens Mr. HATCH. Mr. President, let me Cochran Kyl Sununu under the bankruptcy bill? just say a few words about why this Coleman Landrieu Talent Mr. HATCH. I do. But it is written so amendment is not a good amendment Collins Leahy Thomas broadly that anybody who claims they Cornyn Lincoln Thune have been defrauded, whether they and one that should be voted down. Craig Lott Vitter This would cap the interest rate for Crapo Lugar Voinovich have or have not, qualifies under your consumer credit extensions at 30 per- DeMint Martinez Warner amendment. That is way too broad cent in this country, and, frankly, DeWine McCain Wyden under this bill. I am happy to work would preempt many States’ usury NOT VOTING—2 with the distinguished Senator, and we laws unless the State has a lower inter- Feingold Inouye will see what we can do later in this Congress. I hope everybody will vote est rate. The amendment (No. 31) was rejected. In other words, preemption of State down this amendment. laws is something we sought to avoid AMENDMENT NO. 37 The PRESIDING OFFICER. The in this bill. We have refused to do so in The PRESIDING OFFICER. Under question is on agreeing to amendment the homestead provisions, so there is the previous order, there will be 4 min- No. 37. no reason to touch the State usury utes equally divided for debate in rela- Mr. LEAHY. I ask for the yeas and laws as well. tion to amendment No. 37. nays. There is no dispute that lending The Senator from Florida. The PRESIDING OFFICER. Is there a agencies are already heavily regulated. Mr. NELSON of Florida. Mr. Presi- sufficient second? We have already restricted usury rates dent, there is one exception the Senate There is a sufficient second. on first-lien loans. Additionally, spe- should consider to this bankruptcy bill The clerk will call the roll. cial usury provisions in the National in filing bankruptcy, and that is when The legislative clerk called the roll. Bank Act and Federal Deposit Act pre- someone incurs debts due to no fault of Mr. DURBIN. I announce that the their own. When someone incurs debts empt State usury laws for national Senator from Wisconsin (Mr. FEINGOLD) State banks. through no fault of their own because and the Senator from Hawaii (Mr. their identity has been stolen and they We did not preempt these State laws INOUYE) are necessarily absent. haphazardly as we would do today by are forced to go into bankruptcy, why The PRESIDING OFFICER (Mr. should we force them not to take chap- passing the Dayton amendment. COLEMAN). Are there any other Sen- I believe we should stick with the bill ter 7 in bankruptcy, instead to go ators in the Chamber desiring to vote? as written. We have taken this into through chapter 13? The result was announced—yeas 37, consideration. We have worked long If you don’t think identity theft and nays 61, as follows: and hard over 8 years to get this right. bankruptcy therefrom is a problem, [Rollcall Vote No. 21 Leg.] And, frankly, I think this amendment look at the top consumer complaints of is an inappropriate amendment and the Federal Trade Commission and no- YEAS—37 should be voted down. tice 39 percent are identity theft. Don’t Akaka Feinstein Murray I hope our colleagues will vote it think you are immune from identity Baucus Harkin Nelson (FL) down. Bayh Jeffords Obama theft. Did you hear the news on Friday Boxer Kennedy Pryor I yield the remainder of our time. night that Bank of America has had Byrd Kerry Reed Mr. President, I ask for the yeas and the records of 1.2 million Federal em- Cantwell Kohl Reid Clinton Landrieu nays. ployees stolen, including 60 Senators in Rockefeller The PRESIDING OFFICER. Is there a Conrad Lautenberg Salazar Corzine Leahy this Chamber? You are potential vic- Sarbanes sufficient second? Dayton Levin tims, including this Senator. I am on Schumer There is a sufficient second. Dodd Lieberman Stabenow The question is on agreeing to the the list. So why should we not hear the Dorgan Lincoln amendment. The clerk will call the pleas of people all across the land? Durbin Mikulski A story from Florida where identity roll. NAYS—61 was stolen, they ran up $40,000. They The assistant legislative clerk called Alexander Burr Crapo the roll. can’t pay that off. Another case in New Allard Carper DeMint Mr. DURBIN. I announce that the York, a friend stole identity and ran up Allen Chafee DeWine Senator from Wisconsin (Mr. FEINGOLD) $300,000. The person had no choice but Bennett Chambliss Dole go into bankruptcy. Surely this is an Biden Coburn Domenici and the Senator from Hawaii (Mr. Bingaman Cochran Ensign INOUYE) are necessarily absent. example of an exception to this bill Bond Coleman Enzi The PRESIDING OFFICER. Are there that we should make. Brownback Collins Frist any other Senators in the Chamber de- The PRESIDING OFFICER. The Sen- Bunning Cornyn Graham siring to vote? ator from Utah. Burns Craig Grassley

VerDate jul 14 2003 02:30 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.039 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1983 Gregg McCain Stevens tivities in Afghanistan and Iraq and to fight A senior manager from the Defense Hagel McConnell Sununu the war on terrorism) Department, who used to be in charge Hatch Murkowski Talent Hutchison Nelson (NE) Thomas Mr. DORGAN. I send the amendment of providing fuel for vehicles in war Inhofe Roberts Thune to the desk and ask for its immediate zones, testified that Halliburton was Isakson Santorum Vitter consideration. charging $1 more per gallon for gaso- Johnson Sessions Voinovich The PRESIDING OFFICER. The line than they should have. There are Kyl Shelby Warner Lott Smith clerk will report. Wyden overcharges adding up to $61 million on Lugar Snowe The legislative clerk read as follows: that issue alone. Martinez Specter The Senator from North Dakota (Mr. DOR- One fellow came to a DPC hearing NOT VOTING—2 GAN), for himself and Mr. DURBIN, proposes and he held up towels. He worked for a an amendment numbered 45. Feingold Inouye subsidiary of Halliburton. He ordered Mr. DORGAN. I ask unanimous con- The amendment (No. 37) was rejected. towels because the soldiers needed the sent the reading of the amendment be towels and they got a requisition order. Mr. MCCONNELL. Mr. President, I dispensed with. move to reconsider the vote and lay Guess what. KBR, Halliburton’s sub- The PRESIDING OFFICER. Without sidiary, charged nearly double the cost that motion on the table. objection, it is so ordered. of regular towels because they insisted The motion to lay on the table was The amendment is printed in today’s on having the KBR logo embroidered agreed to. RECORD under ‘‘Text of Amendments.’’ The PRESIDING OFFICER. The ma- Mr. DORGAN. Mr. President, I send on the towels. So the U.S. taxpayer jority whip. that amendment to the desk on behalf gets soaked because the company Mr. MCCONNELL. Mr. President, I of myself and Senator DURBIN, who wants their logo on the towels. It is ex- ask unanimous consent that Senator joins me as a cosponsor of the amend- traordinary what is happening here, BYRD be recognized for up to 10 min- ment. and nobody seems to care that much. utes and that at 3:25 the Senate vote in The bankruptcy reform bill on the We heard of contractors that were relation to the Durbin amendment No. floor of the Senate today ostensibly driving $85,000 brand new trucks in the 38 with no amendments in order prior deals with the subject of those who country of Iraq, and whenever they had to the vote. would attempt to cheat with respect to flat tires or a plugged fuel lines, they The PRESIDING OFFICER. Is there filing bankruptcy. We have had a lot of abandoned the vehicles and just bought objection? discussion on the floor about the abuse new ones. The American taxpayer is Mr. DORGAN. Mr. President, reserv- of bankruptcy. There is no question paying for all of that, and nobody ing the right to object. about that; there is some of that. It is seems to care. The PRESIDING OFFICER. The Sen- called cheating. But there is another Well, in the years of 1940 and 1941, ator from North Dakota. form of cheating going on now to which Harry Truman, as we were about to Mr. DORGAN. Mr. President, I did very little attention is paid, and my enter World War II, got into his car and not quite understand the last portion amendment attempts to deal with it. drove around this country touring air of the unanimous consent request. I I am going to put up a chart that bases and military installations. He understand Senator BYRD shall be rec- shows $2 million dollars on a table, in came back and suggested a special ognized for 10 minutes, and then what a room somewhere in Iraq. These are committee be impaneled in Congress. transpires? Americans holding this cash. This cash That committee became known as the Mr. MCCONNELL. Then we move to is to be deposited in a plastic bag to Truman Committee, and was active for the Durbin amendment, with a vote at pay contractors in Iraq. The contrac- several years. They saved, by today’s 3:25. tors are told ‘‘bring a bag and we will accounts, somewhere close to $15 bil- Mr. DORGAN. My understanding is fill your bag with cash.’’ That is the lion by exposing waste, fraud, and Senator BYRD will take 10 minutes. I way you pay bills over there. abuse. That was a Democratic Senator have no objection to the vote at 3:25, This particular picture was given to working at a time when there was a but I ask unanimous consent that the us by this gentleman here, who was Democrat in the White House. He request be modified and I be recognized working in Iraq. He said it was like the didn’t care whether anyone was embar- following Senator BYRD’s comments. Wild West; just bring your bag and fill rassed. On behalf of the American tax- Mr. MCCONNELL. I ask unanimous it with cash. payer, he insisted that we get to the consent that Senator DORGAN be recog- His testimony, which we heard at a bottom of waste, fraud, and abuse. nized at the conclusion of Senator hearing of the Democratic Policy Com- I offer today an amendment that BYRD’s remarks. mittee, followed the testimony of oth- would establish a special bipartisan The PRESIDING OFFICER. Without ers that we have received about the committee of the Senate on war, recon- objection, it is so ordered. massive waste, fraud, and abuse in con- struction, and contracting. Four mem- The Senator from West Virginia. tracting that has been going in Iraq. bers of the committee would be se- Mr. BYRD. Mr. President, I thank The American taxpayers are taking it lected from the majority and three the Chair, and I thank Senator MCCON- on the chin, but none of the author- members from the minority. It would NELL and also my own leadership for izing committees of jurisdiction in the have subpoena power, and it would put the kindness in arranging for me to U.S. Senate are holding hearings about a magnifying glass on the massive speak at this time. this. amounts of money being wasted, being (The remarks of Mr. BYRD pertaining Well, the Democratic Policy Com- abused, and in some cases simply being to the introduction of S. 515 and S. 514 mittee has held some oversight hear- defrauded from the American taxpayer. are located in today’s RECORD under ings. The testimony at the hearings is We owe it to the American taxpayers ‘‘Statements on Introduced Bills and absolutely devastating. to do this. Joint Resolutions.’’) Halliburton charges for 42,000 meals We have pending right now before The PRESIDING OFFICER. The Sen- to be served in a day to American sol- this body another request for $82 bil- ator from North Dakota. diers. It is determined, however, that lion. Most of that is to provide re- Mr. DORGAN. Mr. President, we are the company is only serving 14,000 sources for the soldiers, not all of it dealing with the bankruptcy bill. I am meals a day. So they are charging the but most of it. In addition to that, going to send an amendment to the taxpayer for 42,000 meals to be served there is some $15 billion to this yet desk. I ask the pending amendment be to soldiers when in fact they are only unspent for the reconstruction of Iraq. set aside so my amendment may be serving 14,000 meals. That is American taxpayers’ money considered. We hear about the payment of $7,500 which is in the pipeline. The PRESIDING OFFICER. Without a month to lease SUV vehicles. We You hear about all of this waste, objection, it is so ordered. hear about the ordering of 50,000 fraud, abuse, and the whistleblowers, AMENDMENT NO. 45 pounds of nails, that turn out to be of and then you ask, Who is minding the (Purpose: To establish a special committee the wrong size, and just get dumped by store? Who is looking after all this? of the Senate to investigate the awarding the side of the road. We hear about $40 Another witness testified at the hear- and carrying out of contracts to conduct ac- to $45 a case for soda pop. ing we held recently about a company

VerDate jul 14 2003 02:30 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.010 S03PT1 S1984 CONGRESSIONAL RECORD — SENATE March 3, 2005 that went to Iraq. Two guys went to congratulate the distinguished Senator AMENDMENT NO. 40 Iraq with no experience and no money. on the excellent work he is doing in Mr. PRYOR. Mr. President, I ask They just showed up. They wanted to bringing these things to light. unanimous consent that the pending be a contracting company. Guess what. Now the question: Will the distin- amendment be set aside and I call up They won a contract, all right. They guished Senator add me as a cosponsor amendment No. 40. had delivered to them $2 million in to his amendment? The PRESIDING OFFICER. Without cash, and they were suddenly a secu- Mr. DORGAN. Mr. President, I would objection, it is so ordered. rity contractor at the airport. Then be happy to do so. The clerk will report. their employees turned whistleblowers Mr. President, I ask unanimous con- The assistant legislative clerk read on them. They said the company was sent that the Senator from West Vir- as follows: taking forklifts, repainting them, and ginia be added as a cosponsor. The Senator from Arkansas [Mr. PRYOR] selling them back, and setting up front The PRESIDING OFFICER. Without proposes an amendment numbered 40. companies offshore so they could buy objection, it is so ordered. Mr. PRYOR. Mr. President, I ask and sell at overinflated charges. A cou- Mr. BYRD. I thank the Senator. unanimous consent that further read- ple of employees turned whistleblowers Mr. DORGAN. I thank the Senator ing of the amendment be dispensed and they were threatened to be killed from West Virginia. with. for doing it. That company, I am told, I see the hour of 3:25 has arrived. I be- The PRESIDING OFFICER. Without got over $100 million in contracting in lieve by a previous order we have other objection, it is so ordered. the country of Iraq. business. I appreciate the opportunity The amendment is as follows: One final point: Do you know that to offer my amendment, and hopefully (Purpose: To amend the Fair Credit Report- when the allegation was made that this we will have a vote on it at some point ing Act to prohibit the use of any informa- contractor was ripping off the Coali- in the future. tion in any consumer report by any credit tion Provisional Authority, which was AMENDMENT NO. 38 card issuer that is unrelated to the trans- Mr. President, I ask for the yeas and actions and experience of the card issuer a U.S. creation and represented us in with the consumer to increase the annual Iraq, the U.S. Justice Department nays on the Durbin amendment. The PRESIDING OFFICER. Is there a percentage rate applicable to credit ex- failed to intervene under the False tended to the consumer, and for other pur- Claims Act because they said defraud- sufficient second? poses) There is a sufficient second. ing the Coalition Provisional Author- At the appropriate place, insert the fol- ity is not the same as defrauding the The question is on agreeing to the lowing: amendment. The clerk will call the American taxpayer. There is something SEC. ll. LIMITATION ON USE OF CONSUMER RE- fundamentally wrong with that. This roll. PORTS. amendment would address that as well, The assistant legislative clerk called (a) IN GENERAL.—Section 604(d) of the Fair by specifying that the investigation the roll. Credit Reporting Act (15 U.S.C. 1681b(d)) is Mr. DURBIN. I announce that the amended to read as follows: called for in this amendment should in- Senator from Wisconsin (Mr. FEINGOLD) ‘‘(d) LIMITATION ON USE OF CONSUMER RE- clude the Coalition Provisional Au- and the Senator from Hawaii (Mr. PORT.— thority spending. ‘‘(1) IN GENERAL.—A credit card issuer may INOUYE) are necessarily absent. I have the amendment at the desk. I not use any negative information contained The PRESIDING OFFICER. Are there said I offered it on behalf of my col- in a consumer report to increase any annual any other Senators in the Chamber de- league, Senator DURBIN, and myself, percentage rate applicable to a credit card siring to vote? and I hope others as we move along. I account, or to remove or increase any intro- The result was announced—yeas 40, understand this is not strictly a bank- ductory annual percentage rate of interest nays 58, as follows: applicable to such account, for any reason ruptcy amendment, but we must waste other than an action or omission of the card no more time to establish a committee [Rollcall Vote No. 22 Leg.] YEAS—40 holder that is directly related to such ac- by which there is real oversight in the count. matter of contracting abuses that Akaka Durbin Murray ‘‘(2) NOTICE TO CONSUMER.—The limitation Baucus Feinstein Nelson (FL) under paragraph (1) on the use by a credit waste billions of dollars of the Amer- Bayh Harkin Obama card issuer of information in a consumer re- ican taxpayers’ money. Bingaman Jeffords Pryor Mr. BYRD. Mr. President, will the Boxer Kennedy Reed port shall be clearly and conspicuously de- distinguished Senator yield for a ques- Byrd Kerry Reid scribed to the consumer by the credit card tion? Cantwell Kohl Rockefeller issuer in any disclosure or statement re- Clinton Landrieu Salazar quired to be made to the consumer under Mr. DORGAN. I am happy to yield. Collins Lautenberg Sarbanes this title.’’. Conrad Leahy Mr. BYRD. Actually, the question Schumer (b) TECHNICAL AND CONFORMING AMEND- Corzine Levin will be very easy to answer. But for the Stabenow Dayton Lieberman MENT.—Section 604(a)(3)(F)(ii) of the Fair moment, I must say to the very distin- Dodd Lincoln Wyden Credit Reporting Act (15 U.S.C. guished Senator that this is one Sen- Dorgan Mikulski 1681b(a)(3)(F)(ii)) is amended by inserting ‘‘subject to subsection (d),’’ before ‘‘to re- ator who is not at all surprised at what NAYS—58 he found. I can remember when we had view’’. Alexander DeWine McConnell Mr. Bremer before the Senate Appro- Allard Dole Murkowski Mr. PRYOR. Mr. President, I offer priations Committee to be heard. I Allen Domenici Nelson (NE) my amendment because I want to ad- asked him, after a while during which Bennett Ensign Roberts dress a practice in the credit card in- Biden Enzi Santorum dustry. Basically, what happens with he delivered testimony and answered Bond Frist questions, if he would be able to re- Sessions some card companies—and not all of Brownback Graham Shelby main or come back before the com- Bunning Grassley Smith them, certainly—is they make it a Burns Gregg mittee for some additional questions— Snowe practice to look at their cardholders’ Burr Hagel Specter meaning the same day—if the chair- Carper Hatch credit reports on a monthly basis. Stevens man should ask him to do so. His an- Chafee Hutchison When they find that the cardholder has Chambliss Inhofe Sununu a late payment maybe on a utility bill, swer was, ‘‘I am too busy.’’ Talent I came back to our caucus on that Coburn Isakson or a car note, or whatever the case may Cochran Johnson Thomas day, and I believe he came to the cau- Coleman Kyl Thune be, they will actually raise the interest cus at the same time. I told this to my Cornyn Lott Vitter rate on the cardholder, even though caucus while Mr. Bremer was there. It Craig Lugar Voinovich they may have made every credit card Crapo Martinez Warner was a shocking thing to me—an indi- DeMint McCain payment on time. They use that as a vidual claiming he is too busy, and yet justification to raise the interest rate he is asking for quite a great amount NOT VOTING—2 on the cardholder. of money to be appropriated, $2 billion. Feingold Inouye I think that is an unfair practice. It I am not at all surprised at this. I be- The amendment (No. 38) was rejected. is fraught with all kinds of problems, lieve as time goes on we will find more The PRESIDING OFFICER. The Sen- including the problem that many of and more of these kinds of stories. I ator from Arkansas is recognized. these credit reports contain errors. I

VerDate jul 14 2003 02:30 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.045 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1985 have certainly been subject to those. I (2) in paragraph (2), by striking ‘‘one-half’’ the revenue loss at $226 million over 5 am sure almost every Senator in this and inserting ‘‘75 percent’’; and years, $456 million over 10 years. Chamber has been subject to an error (3) in paragraph (4), by striking ‘‘one-half’’ After reviewing this matter with the on their credit report at one time or and inserting ‘‘100 percent’’. Budget Committee, we are proposing (c) COLLECTION AND DEPOSIT OF MISCELLA- another. The credit card companies NEOUS BANKRUPTCY FEES.—Section 406(b) of through this amendment to offset the don’t take that into consideration. the Judiciary Appropriations Act, 1990 (28 direct spending from the judgeships They will routinely increase interest U.S.C. 1931 note) is amended by striking and revenue losses from the section 325 rates. I think it is an unfair business ‘‘pursuant to 28 U.S.C. section 1930(b)’’ and percentage by increasing the bank- practice. all that follows through ‘‘28 U.S.C. section ruptcy filing fees in chapters 11 and 7. We are talking about bankruptcy. We 1931’’ and inserting ‘‘under section 1930(b) of The amendment also tries to limit all know that one of the main reasons title 28, United States Code, 31.25 of the fees revenue losses by sunsetting after 2 collected under section 1930(a)(1)(A) of that people get into financial trouble is be- title, 30.00 percent of the fees collected under years the increased allocation percent- cause they have credit cards. Some- section 1930(a)(1)(B) of that title, and 25 per- age measure in sections 325(b) and 325 times they abuse them. Sometimes the cent of the fees collected under section (c). By doing so, we estimate that the interest rate is so high that it creates 1930(a)(3) of that title shall be deposited as bill will provide sufficient offsets to great difficulty on our citizens. offsetting receipts to the fund established cover the potential budgetary problems I think this amendment is important. under section 1931 of that title’’. facing this bill. I think it is one we can certainly jus- (d) SUNSET DATE.—The amendments made Specifically, the amount of the in- by subsections (b) and (c) shall be effective tify, and I think it is one that, if people during the 2-year period beginning on the creased filing fees that is greater than take a look at it, they would think this date of enactment of this Act. the amount that would have been col- is a bad industry practice and this is a (e) USE OF INCREASED RECEIPTS.— lected, but for this legislation, is ear- way to, hopefully, decrease the number (1) JUDGES’ SALARIES AND BENEFITS.—The marked towards the payment of sala- of bankruptcies and the number of fam- amount of fees collected under paragraphs (1) ries and benefits for the judges. The re- ilies in America who get into financial and (3) of section 1930(a) of title 28, United maining amounts from the increased trouble, if some of these hidden meth- States Code, during the 5-year period begin- filing fees are also used to offset the ning on the date of enactment of this Act, ods of increasing interest rates are that is greater than the amount that would Federal revenue loss caused by section taken away. have been collected if the amendments made 325 for the 2 years that the provision With that, I yield the floor and sug- by subsection (a) had not taken effect shall stays in existence. I believe this gest the absence of a quorum. be used, to the extent necessary, to pay the amendment represents the best way of The PRESIDING OFFICER. The salaries and benefits of the judges appointed creating offsets within the bill. It will clerk will call the roll. pursuant to section 1223 of this Act. obviate the need to strike the bank- The assistant legislative clerk pro- (2) REMAINDER.—Any amount described in ruptcy judgeships provision altogether ceeded to call the roll. paragraph (1), which is not used for the pur- and, most importantly, allow this bill Mr. SPECTER. Mr. President, I ask pose described in paragraph (1), shall be de- posited into the Treasury of the United to survive a potential budget point of unanimous consent that the order for order. the quorum call be rescinded. States to the extent necessary to offset the decrease in governmental receipts resulting To the extent there are concerns that The PRESIDING OFFICER. Without from the amendments made by subsections the increase in bankruptcy filing fees objection, it is so ordered. (b) and (c). will make it more difficult for finan- AMENDMENT NO. 48 Mr. SPECTER. Mr. President, this cially strapped debtors to use chapter Mr. SPECTER. Mr. President, I have amendment, as I have noted, makes a 7, let me remind my colleagues that I sought recognition to support a tech- technical correction to ensure that the pushed for an amendment in com- nical amendment, which I send to the bill does not violate our budget laws. It mittee during the 105th Congress to desk. has come to my attention that the give bankruptcy courts the discretion The PRESIDING OFFICER. Without bankruptcy bill could draw a potential to waive filing fees for lower income objection, the pending amendment is point of order because of two provi- debtors. The committee accepted that laid aside. The clerk will report the sions in S. 256. amendment and it is now embodied in amendment. The first provision is section 1223 of section 418 of the bill. The assistant legislative clerk read the bill, which authorizes the creation This amendment removes a signifi- as follows: of 28 new bankruptcy judgeships. Ac- cant procedural obstacle that could The Senator from Pennsylvania [Mr. SPEC- cording to the CBO’s most recent cost jeopardize the prospect of this bill’s TER] proposes an amendment numbered 48. estimates for S. 256, these new judges passage in the Senate. As such, I urge The amendment is as follows: will account for $45 million in direct my colleagues to support this amend- (Purpose: To increase bankruptcy filing fees Federal spending over a 10-year period. ment. to pay for the additional duties of United Specifically, the mandatory spending What this all boils down to is we need States trustees and the new bankruptcy would be earmarked for the judges’ pay new bankruptcy judges. We have to pay judges added by this Act) and benefits. their salaries and their health benefits, On page 194, strike line 13 and all that fol- The second provision subject to this and we do not want to run afoul of the lows through page 195, line 22, and insert the amendment, section 325, addresses the following: budget laws which would strike down filing fees for bankruptcy and amounts the entire bill unless we got 60 votes. SEC. 325. UNITED STATES TRUSTEE PROGRAM FILING FEE INCREASE. that are directed to a trust fund that Mr. President, in the absence of any (a) ACTIONS UNDER CHAPTER 7, 11, OR 13 OF compensates bankruptcy trustees. other Senator seeking recognition, I TITLE 11, UNITED STATES CODE.—Section Under current practice, a percentage of suggest the absence of a quorum. 1930(a) of title 28, United States Code, is bankruptcy filing fees paid by a debtor The PRESIDING OFFICER. The amended— is allocated to a trust fund that com- clerk will call the roll. (1) by striking paragraph (1) and inserting pensates bankruptcy trustees, while The assistant legislative clerk pro- the following: the remaining percentage of the filing ceeded to call the roll. ‘‘(1) For a case commenced under— Mr. DURBIN. Mr. President, I ask ‘‘(A) chapter 7 of title 11, $200; and fee is paid into the Treasury and count- ‘‘(B) chapter 13 of title 11, $150.’’; and ed as Federal revenue. unanimous consent that the order for (2) in paragraph (3), by striking ‘‘$800’’ and Section 325 of the bill, however, will the quorum call be rescinded. inserting ‘‘$1000’’. now increase the allocation percent- The PRESIDING OFFICER. Without (b) UNITED STATES TRUSTEE SYSTEM ages from the filing fees that are di- objection, it is so ordered. FUND.—Section 589a(b) of title 28, United rected to the trust fund. But because AMENDMENT NO. 49 States Code, is amended— the bill’s percentage increase will re- Mr. DURBIN. Mr. President, I ask (1) by striking paragraph (1) and inserting sult in a corresponding decrease of Fed- the following: unanimous consent to set aside the ‘‘(1)(A) 40.63 percent of the fees collected eral revenue, CBO has reported this pending amendment, and I send an under section 1930(a)(1)(A) of this title; and provision will result in a net revenue amendment to the desk. ‘‘(B) 70.00 percent of the fees collected loss for the Treasury. Specifically, the The PRESIDING OFFICER. Without under section 1930(a)(1)(B);’’; Congressional Budget Office estimates objection, it is so ordered.

VerDate jul 14 2003 01:15 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.048 S03PT1 S1986 CONGRESSIONAL RECORD — SENATE March 3, 2005 The clerk will report. insider, officer, or director of the debtor, if trial because of corporate malfeasance The assistant legislative clerk read such securities were attributable to— that lead to bankruptcy. It is going on as follows: ‘‘(i) employer contributions by the debtor right now. or an affiliate of the debtor other than elec- The Senator from Illinois [Mr. DURBIN] When one takes a look at this 500- tive deferrals (within the meaning of section page bill, how many pages in this bill proposes an amendment numbered 49. 402(g) of the Internal Revenue Code of 1986), Mr. DURBIN. Mr. President, I ask and any earnings thereon; and address corporate bankruptcies? Five. unanimous consent that the reading of ‘‘(ii) elective deferrals (and any earnings Ninety-nine percent of this bill hardly the amendment be dispensed with. thereon) that are required to be invested in relate to corporations at all. Ninety- nine percent relates to individuals and The PRESIDING OFFICER. Without such securities under the terms of the plan or at the direction of a person other than the families who, through no fault of their objection, it is so ordered. individual or any beneficiary, except that own, in most circumstances, are The amendment is as follows: this subparagraph shall not apply to any crushed by debt and go to bankruptcy (Purpose: To protect employees and retirees such securities during any period during court. Ninety-nine percent of this bill from corporate practices that deprive them which the individual or any beneficiary has relates to bankruptcies of people who of their earnings and retirement savings the right to direct the plan to divest such se- when a business files for bankruptcy) curities and to reinvest an equivalent have a medical diagnosis they never anticipated and end up in treatment in- On page 499, strike line 3 and all that fol- amount in other investment options of the lows through page 500, line 2, and insert the plan;’’. curring medical expenses that their following: (2) PRIORITIES.—Section 507(a) of title 11, health insurance does not cover. That United States Code, is amended— SEC. 1402. FRAUDULENT TRANSFERS AND OBLI- is almost half of the cases in bank- GATIONS. (A) by redesignating paragraphs (8) and (9) ruptcy court. as paragraphs (9) and (10), respectively; (a) FEDERAL FRAUDULENT TRANSFER So this bill is designed to make the (B) by redesignating paragraphs (6) and (7), AMENDMENTS.—Section 548 of title 11, United bankruptcy process more difficult for States Code, is amended— as redesignated by section 212, as paragraphs those individuals and families to get (1) in subsection (a)(1)— (7) and (8), respectively; (C) in paragraph (7), as so redesignated, by out from under their debt. That is what (A) by striking ‘‘one year’’ and inserting ‘‘4 this is about. So that at the end of the years’’; striking ‘‘Sixth’’ and inserting ‘‘Seventh’’; (D) in paragraph (8), as so redesignated, by day, when we pass this legislation—and (B) in subparagraph (A), by striking ‘‘or’’ surely we will—the credit card compa- at the end; striking ‘‘Seventh’’ and inserting ‘‘Eighth’’; (C) in subparagraph (B), by striking the pe- (E) in paragraph (9), as so redesignated, by nies and the banks will end up keeping riod at the end and inserting ‘‘; or’’; and striking ‘‘Eighth’’ and inserting ‘‘Ninth’’; people in debt longer. So that people (D) by adding at the end the following: (F) in paragraph (10), as so redesignated, by facing a crushing debt, when all is said ‘‘(C) made an excess benefit transfer or in- striking ‘‘Ninth’’ and inserting ‘‘Tenth’’; and and done, will not be able to walk out curred an excess benefit obligation to an in- (G) by striking paragraph (5), as redesig- of that court, having been declared nated by section 212, and inserting the fol- sider, if the debtor— bankrupt, and start their lives again. ‘‘(i) was insolvent on the date on which the lowing: ‘‘(5) Fifth, allowed unsecured claims for That is what this bill addresses. transfer was made or the obligation was in- My amendment goes to the 5 pages curred; or contributions to an employee benefit plan— ‘‘(A) arising from services rendered before about corporate bankruptcy. I believe ‘‘(ii) became insolvent as a result of the this: If we are going to hold Americans transfer or obligation.’’; the date of the filing of the petition or the (2) in subsection (b), by striking ‘‘one date of the cessation of the debtor’s business, and families to a high moral standard, year’’ and inserting ‘‘4 years’’; and whichever occurs first; but only if we are going to say to them that be- (3) in subsection (d)(2)— ‘‘(B) for each such plan, to the extent of— fore they go into a bankruptcy court, (A) in subparagraph (C), by striking ‘‘and’’ ‘‘(i) the number of employees covered by pay their bills and prove to the court at the end; each such plan multiplied by $15,000; less that they cannot pay their bills before ‘‘(ii) the aggregate amount paid to such (B) in subparagraph (D), by striking the pe- we let them off the hook, if we are riod at the end and inserting ‘‘; and’’; and employees under paragraph (4), plus the ag- gregate amount paid by the estate on behalf going to say that it is immoral and un- (C) by adding at the end the following: just for someone to go into a bank- ‘‘(E) the terms ‘excess benefit transfer’ and of such employees to any other employee ‘excess benefit obligation’ mean— benefit plan. ruptcy court and ask to be declared ‘‘(i) a transfer or obligation, as applicable, ‘‘(6) Sixth, allowed claims with respect to bankrupt and leave their bills and as- to an insider, general partner, or other affili- rights or interests in equity securities of the sets behind, if they, in fact, can pay, ated person of the debtor in an amount that debtor, or an affiliate of the debtor, that are then fair enough. is not less than 10 times the amount of the held in a pension plan (within the meaning of But my amendment says, if we are mean transfer or obligation of a similar kind section 3(2) of the Employee Retirement In- talking about justice and high moral given to nonmanagement employees during come Security Act of 1974 (29 U.S.C. 1002(2)) standards, should we not also talk and section 101(5)(C) of this title), without the calendar year in which the transfer is about these corporate CEOs and insid- made or the obligation is incurred; or regard to when services were rendered, and measured by the market value of the stock ers? Should they not be held to a high ‘‘(ii) if no such similar transfers were made moral standard? Should they not be to, or obligations incurred for the benefit of, at the time the stock was contributed to, or such nonmanagement employees during such purchased by, the plan.’’. held to the standard of justice? Sadly, calendar year, a transfer or obligation that Mr. DURBIN. Mr. President, this is this bill does not do it. is in an amount that is not less than 25 per- the bankruptcy reform bill. It is about When a corporation files for bank- cent more than the amount of any similar 500 pages long. If I went to Illinois and ruptcy, their workers are left standing transfer or obligation made to or incurred asked the people I represent what they at the back of the line behind all the for the benefit of such insider, partner, or think we should do when it comes to other creditors. Many of them lose other affiliated person of the debtor during bankruptcy, I am virtually certain their retirement savings, health care the calendar year before the year in which that the first thing they would say to benefits and opportunities to get back such transfer is made or obligation is in- to work and back on their feet. curred.’’. me is, you have to do something about these horrible corporate bankruptcies, The story of Bethlehem Steel Cor- (b) FAIR TREATMENT OF EMPLOYEE BENE- poration is a good illustration. After FITS.— Enron, WorldCom, and the list goes on, (1) DEFINITION OF CLAIM.—Section 101(5) of and the abuses which these officers and years of decline in the steel industry, title 11, United States Code, is amended— CEOs have demonstrated as heads of Bethlehem Steel dissolved in January (A) in subparagraph (A), by striking ‘‘or’’ these corporations, the fact that be- of last year. Along with the end of at the end; cause they were feathering their own Bethlehem Steel, 95,000 retired steel- (B) in subparagraph (B), by inserting ‘‘or’’ beds when their companies went bank- worker employees, who literally helped after the semicolon; and rupt, hurting shareholders, hurting em- build America, lost the health care (C) by adding at the end the following: ployees, hurting investors in pension benefits they were promised. These are ‘‘(C) right or interest in equity securities workers who, at the expense of their of the debtor, or an affiliate of the debtor, plans, and hurting retirees. held in a pension plan (within the meaning of I think my constituents in Illinois own health, went to work every day, section 3(2) of the Employee Retirement In- are right. When it comes to bank- played by the rules, paid into their come Security Act of 1974 (29 U.S.C. 1002(2))), ruptcy, that is the scandal in America. pension plans, anticipated their health including an employee stock ownership plan, We read about it every day. There is care, and yet because of the bank- for the benefit of an individual who is not an another criminal trial. Somebody is on ruptcy of Bethlehem Steel they were

VerDate jul 14 2003 01:15 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.049 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1987 left unprotected. They lost their pen- ton, something very opaque was going Let me tell you what happened to sion. They lost their benefits. They on. two groups of Enron employees during have nothing. Listen to these famous names: Ken the last few weeks of the company’s The problem is not limited to just Lay, Jeff Skilling, Andrew Fastow. The solvency. steel companies. WorldCom, a tele- company’s top three executives obvi- Here is Mr. Lay. Everybody knows communications company; Adelphia, a ously realized their astronomical suc- his face now. CEO Ken Lay is the man cable company; PG&E and Enron, en- cess was not based on reality or truth. who made over $200 million from Enron ergy companies; Conseco, an insurance It was based on hype, speculation, and stock, and $19 million in bonuses. company; Financial Corporation of deceit. It was all smoke and mirrors. Other executives in the Enron Corpora- America and HomeFed, banks; United Wall Street analysts later were tion received bonuses as high as $5 mil- Airlines, U.S. Airways, TWA, all in the forced to admit that they made out-of- lion. While that was going on, while transportation business; Texaco, K- control valuations of this company the company was heading toward a Mart, Polaroid, household names. based on the puffery of these corporate bankruptcy, there were over 5,000 em- These are some of the once great cor- bandits. All the while, these executives ployees who lost their jobs and thou- porate giants that ended up in bank- cooked up ingenious schemes to move sands more who lost millions in retire- ruptcy. They employed hundreds of assets on and off the books, create ment savings. thousands of Americans, but once the phony partnerships, offshore accounts, Our bill goes after the employees who companies filed for bankruptcy, their and so-called ‘‘special purpose enti- lost their jobs. Our bill goes after the employees were left with nowhere to ties.’’ employees who lost their health care. turn. These were just corporate accounting Our bill goes after retirees who ended This bankruptcy bill does not even tools designed to move around assets up penniless and were forced into bank- talk about those bankruptcies and on paper. Why would they do that if ruptcy court. We are going to get real those employees and the problems that they had nothing to hide? Ken Lay, tough on them. they face. Jeff Skilling, Andrew Fastow, and oth- But how about Mr. Lay? What price Many of the companies that filed for ers at Enron were undeniably the mas- is he going to pay for his misconduct? bankruptcy over the past few years are ters of manipulation. In this bill, no price at all. Everyone We talk in this bankruptcy bill about also associated with world-class scan- knows about Ken Lay’s extravagance. what we are going to do with people I won’t venture to assert whether dals: Global Crossing, WorldCom, who are abusing the bankruptcy court. Ken Lay had any actual insight or Adelphia, and, of course, the grand- This bill addresses the waitress with a knowledge which he took advantage of daddy of them all, Enron. Those cor- second part-time job who is a single insider information as he made sales of porate giant names are synonomous mother raising a couple of children stock he held in Enron. Those are deci- with corruption, malfeasance, and who just was diagnosed with breast sions for a judge and jury. greed; they are synonomous, from my cancer and ends up with medical treat- But what is certain is that Ken Lay point of view, with immoral corporate ment and bills she cannot pay. She is pocketed $81.5 million in loan advances conduct and unjust treatment of their forced finally to go to bankruptcy from his company while Enron was cas- shareholders, workers, and retirees. court. cading toward bankruptcy—$81.5 mil- It is even more painful to think that This bill says, we are going to take lion for this man who couldn’t run his while the workers and retirees of these care of her. In this bill we will give her company correctly. All told, he re- scandal-tainted companies were left a long list of things to do to prove that ceived over $200 million in Enron stock with little more than their dignity, the she is not taking advantage of the and $19 million in bonuses. corporate executives and the insiders bankruptcy court. During the same time Jeff Skilling escaped with their treasures. But when it comes to these raked in $66.9 million. When companies are headed for bank- smoothies—Ken Lay, Jeff Skilling, and The board of directors was sharing in ruptcy, the corporate insiders know it Andrew Fastow at Enron, and other these good times as well. Sixteen mem- is going to happen long before the corporations—this bill is silent. We are bers of the corporate board made a worker out in the plant, and that is es- for morality when it comes to working combined total of $164 million, just on pecially true when these same insiders families. Obviously, we are not for mo- selling shares they had in the com- are cooking the books. They know rality when it comes to these corporate pany. If you add all the other corporate where the corporate loot is hidden, and cheats. insiders and executives at Enron with they are going to get their hands on it They kept the perception up at the corporate directors and all the when they can. Enron that they were making money amounts they pilfered from the com- One might say that as soon as he saw even when they were not, but eventu- pany from 1998 to 2001, the grand total the tip of the iceberg far ahead of the ally it fell apart. comes to well over $1 billion. ship, the captain of the Titanic On October 16, 2001, Enron reported a Now let’s see how the employees at sneaked out on the deck, jumped in the third-quarter loss of $618 million and Enron fared. lifeboat, went overboard with food, shareholder equity loss of $1.2 billion. There is an old country song by Jerry water, and life-vests, and left every- The date October 16, 2001, is important. Reed called, ‘‘She Got the Goldmine, I body else behind. That is what hap- A week later, on October 22, the Secu- Got the Shaft.’’ It could be the theme pened. Bon Voyage! rities and Exchange Commission an- song for Enron workers. Let me describe a case study of the nounced an inquiry into the company. Of the 21,000 people worldwide who worst: Enron. This is the poster child On November 8, 2001, Enron filed an worked for Enron, 12,200 were enrolled for corporate corruption. amendment to its financial report re- in their pension plan. Over 60 percent Enron of Houston, TX. During the vising its income back 4 years to 1997, of the assets in the plan invested in 1990s, Enron was the envy of every ex- 4 years of lies, it turns out, once they Enron stock and all of Enron’s match- ecutive in corporate America: creative, were caught. They came forward and ing contributions went into company aggressive, growing fast, money com- disclosed $586 million in losses, and ob- stock as well. But the Enron stock, ing in hand over fist, Fortune 500’s top viously investor confidence and their which once sold as high as $90 during 10 list of assets with close to $100 bil- stock values cratered. its heyday, became worthless. The lion, and doing business in far-flung The next day Ken Lay entered into a workers’ losses were aggravated during reaches of commerce. deal with Dynergy Corp. to sell Enron the course of the weeks when they were By the year 2000, Enron stock had in- for $10 billion, in a desperate attempt locked out of the pension plans and creased in value by 1,700 percent since by him to keep that company afloat. A could not even sell the stock as the its first shares were issued in the 1980s. few days later he was forced to admit value of the stock was cratering. It had 21,000 employees in the United that Enron was not worth the amount Under Federal law, companies are States and all around the world. he wanted to sell it for. not allowed to let their employees But not everything was coming up Naturally the deal with Dynergy was withdraw their investment while the roses for Enron. Behind the glass walls called off, and on December 2, 2001, company switches pension plan admin- of the corporate skyscraper in Hous- Enron filed for bankruptcy. istrators. And wouldn’t you know it,

VerDate jul 14 2003 01:15 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.080 S03PT1 S1988 CONGRESSIONAL RECORD — SENATE March 3, 2005 Enron chose to switch their plan ad- Think about that for a minute. These lion golden parachute. About one-half ministrator on October 16, 2001. executives were being rewarded with of it was a severance package. But his Remember that date? That’s the very millions, sometimes hundreds of mil- former employer decided to give him a same date I mentioned earlier, when lions of dollars out of corporations little break as he left this bankrupt they announced they were writing off headed for bankruptcy. corporation. A $5 million loan was for- more than $1 billion in charges to their Most of the time, you are rewarded given. Talk about a Blue Light Special books. This meant that thousands of with a bonus for a good job. They are at Kmart, this one takes the cake. employees sat by helplessly and being rewarded as their company is John Rigas of Adelphia Communica- watched their retirement plan literally heading into debt and eventually dis- tions took about $1 million per month disappear before their eyes. banding. So they know what is going from the company while he and others On October 18, 2001, while Enron on. They are grabbing the money be- used it as their personal piggy bank. workers were frozen out of amending fore they hit bankruptcy court. The According to the indictment from the their pension plan, the stock price was money they grab out of the corporation U.S. Attorney, the Rigas family used down to $32 a share. By the time the is at the expense of people who loaned company loans to buy Adelphia shares hurricane blew over and they finally money to the corporation, especially at and engage in insider transactions be- could get to their funds, Enron stock the expense of their workers and retir- tween Adelphia and other companies value plummeted to 26 cents per share. ees. They end up taking the money controlled by the Rigas family. Here is Needless to say, the company went into that otherwise would have gone into one example of how they fared. Rigas bankruptcy. The employees at Enron the pension funds and putting it in and his sons used $2.3 billion in off-bal- could do nothing but sit by and watch their own pockets. ance-sheet loans from the company to their savings melt away during that My amendment gives the bankruptcy build themselves a private 18-hole golf time. court the tools to investigate and treat course at the cost of $13 million. Not Thousands of these employees lost these fishy, self-serving deals Ken Lay bad for a cable guy. He raided his cor- their jobs as a result of the Enron and Jeff Skilling and Andrew Fastow poration for $2.3 billion at the expense bankruptcy. Hundreds, perhaps thou- and others at Enron cut for them- of shareholders and retirees. sands, were forced into bankruptcy selves. It gives the judge the power to What does this bill do to that kind of themselves. But during the months and review questionable insider transfers. corporate bandit? Nothing. This bill fo- years that led up to this disaster, 29 That is only reasonable. cuses on the employees who lost their Enron insiders and top execs walked It includes a fair and workable for- jobs. This bill focuses on the retirees away with over $1 billion. mula for what the court can determine who lost their health care and their I have talked to some of these Enron might be excessive. pension. This bill makes it tough for executives. There is no good expla- It also extends the period of time a them. nation. Sadly, this legislation on bank- bankruptcy court can go back and re- This is inspired by our feeling that ruptcy we are discussing today will not capture the assets of these executives, we need more morality and justice in hold them accountable. a 4-year reachback instead of the 1 our bankruptcy courts. But wouldn’t Let me give another case study: Po- year allowed under current law and the you start at the top? Wouldn’t you laroid. This is a company that many of 2 years proposed in this bill. start with the biggest thieves in the the people in Congress from Massachu- As I described in the Enron example, business—the people who broke a setts know all about. It filed for chap- some of the most outrageous trans- record when it comes to bankruptcy and raiding these corporations? ter 11 protection on October 12, 2001, actions by the Enron executives took These insiders knew what they were just a couple of months before Enron place 3 or 4 years before the company doing. They saw their companies going filed bankruptcy, so this bill would not did. down, and they grabbed everything Let me show you the chart on Polar- even touch them. This bill lets those they could get their hands on. They oid. CEO Gary DiCamillo ran the com- corporate insiders end up in their man- canceled their workers’ pension plans pany into the ground but received $1.7 sions with hundreds of millions of dol- and benefits. million. Other executives got $4.5 mil- lars squirreled away at the expense of My amendment says we would go lion. Over 6,000 employees lost health the retirees who lost their pensions and back 4 years before the bankruptcy to and life insurance, and thousands lost their health care. By recapturing these recover that money and put it in the severance pay. Forced to invest 8 per- assets, this provision would make more hands of creditors, employees, and re- cent of their pay in company stock, money available for employees and re- tirees. they lost their retirement savings, too. tirees and act as a deterrent to future The second part of my amendment So these corporate insiders—whether corporate executives seeking the same directly helps employees of these com- Enron or Polaroid or WorldCom or oth- sort of sweetheart deal. panies with some relief in bankruptcy ers—were lining their own pockets, But this is not all about Enron. Let court. This gives them a place in line taking money out of the company des- me give you other examples in the as creditors that they currently don’t tined for bankruptcy, and the ultimate headlines today. have. losers were the employees and the re- WorldCom CEO Bernie Ebbers. He The amendment gives them a pri- tirees. took $366 million in personal loans and ority unsecured claim in bankruptcy The amendment which I sent to the his contract called for a $1.5 million for the value of company stock which desk is an attempt to level the playing yearly pension. Not bad. Mr. Ebbers was held for their benefit in an em- field for employees, pensioners, and ought to be proud. His skills and tal- ployee pension plan, unless the plan others who find themselves shut out of ents as CEO took his company, beneficiary had the option to invest court when companies they work for WorldCom, into the record books as the the assets in some other way. file for bankruptcy. largest bankruptcy in the history of Under current law, these retirees who There are two provisions in this the United States. While he is grabbing ended up with the short end of the amendment to protect employees of all of the money out of the corpora- stick in these retirement plans have bankrupt companies. tion, it is sinking like a rock. nowhere to turn. They are not even in First, my amendment would address John Jenkins, the former president line in priority for these claims. My fraudulent transfers made by corporate of Global Crossing. He took more than amendment would fix that. insiders, all those huge payouts and $1 million in pension benefits—some- The amendment determines the value loans and bonuses and transactions thing called ‘‘transitional assistance,’’ of these claims to be measured by the that went to these corporate execu- consulting fees, and other benefits, as market value of the stock at the time tives as the company was headed to his company was spiraling downward. it was contributed to the plan. bankruptcy, these are payouts that ex- Let us take a look at Kmart and its In other words, the employee who ceed anyone’s sense of what is reason- CEO, Chuck Conaway. As Kmart was was not at fault in the collapse of his able compensation. Under my amend- falling apart, eventually becoming the employer corporation ought to have a ment, those payouts will have to be largest American retailer to file bank- fair claim for the fair value of his con- scrutinized by the bankruptcy court. ruptcy, Mr. Conaway received a $9 mil- tribution to his pension plan as it was

VerDate jul 14 2003 01:15 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.081 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1989 valued when he made that contribu- to restrain bankrupt employers from reward- Interest Research tion. That’s only fair. ing corporate insiders and other senior man- Group. My amendment is simple, yet nec- agers with large bonuses and excessive perks SUSANNA MONTEZEMOLO, essary. I urge my colleagues to support at the same time that their employees suffer Policy Analyst, Con- economic devastation from the loss of a job sumers Union. it. or their savings in a company 401(k). LINDA SHERRY, In conclusion, I am proud of the sup- In sum, S. 256 is an unnecessarily harsh Editorial Director, port of the groups behind this amend- and one-sided bill that will penalize count- Consumer Action. ment—the U.S. Public Interest Re- less working Americans facing financial cri- JOHN RAO, search Group, the National Consumer ses beyond their control. The AFL–CIO Staff Attorney, Na- Law Center, Consumers Union, Con- strongly urges you to support the above- tional Consumer mentioned amendments to this deeply flawed Law Center. sumer Federation of America, Con- bill. sumer Action, AFL–CIO, United Auto Sincerely, Mr. DURBIN. Mr. President, these Workers, United Steel Workers of WILLIAM SAMUEL, groups and their members know what America, and the American Federation Director, Department of Legislation. happened with these companies. of Teachers. I am troubled by the fact that the I ask unanimous consent to have MARCH 2, 2005. Senate has spent this entire week talk- their letters of support printed in the Hon. RICHARD J. DURBIN, ing about bankruptcy abuse and mak- U.S. Senate, RECORD. ing it tough for families trying to pay Washington, DC. medical bills, making this process There being no objection, the mate- DEAR SENATOR DURBIN: The undersigned rial was ordered to be printed in the national consumer organizations applaud more difficult for the guardsmen and reservists who were activated to go RECORD, as follows: you for offering amendments to the Senate AMERICAN FEDERATION OF LABOR bankruptcy bill (S. 256) that would better overseas to serve our country only to AND CONGRESS OF INDUSTRIAL OR- protect employees and retirees in the event lose their business at home and face GANIZATIONS, of a corporate bankruptcy. The inclusion of bankruptcy when they return. Washington, DC, March 3, 2005. these amendments will bring much-needed There is nothing in this bill to help DEAR SENATOR: The bankruptcy-reform bill balance to a harsh and one-sided bill that them. There is nothing in this bill to currently before the Senate will result in se- would harm many families that have suf- help them with medical bills. fered genuine financial misfortune. vere injustice to thousands of workers and Senator KENNEDY was here on the consumers and we urge you to oppose it. The The raft of corporate scandals in the last few years has exposed many flaws in a sys- floor yesterday. He had an extreme Bankruptcy Abuse Prevention and Consumer suggestion, a radical idea. Senator Protection Act of 2005 (S. 256) is basically un- tem of market oversight that used to be the changed from the version drafted by the fi- envy of the world. Many investors lost faith KENNEDY said, if you lose everything nancial services industry in the mid-1990s, It in our markets, tens of thousands of employ- because of medical bills, we are going remains a one-sided attempt to favor cred- ees lost their jobs and workers and retirees to protect your little home—$150,000 itor interests at the expense of working fam- have lost significant portions of their pen- worth of your home—so that when it is ilies who have suffered the loss of a job, high sion plans. all said and done, as sick as you may It is essential that Congress take a com- medical bills, and other unforeseen financial prehensive approach to reform. The Sar- be, you will at least have a home. But emergencies. Senators Rockefeller, Kennedy, banes-Oxley Act to reform corporate ac- that proposal was rejected. I am not Durbin and Feingold will offer amendments counting practices took an important first sure of the vote on that amendment, to improve this bill, and we urge you to sup- step. It is bringing much needed improve- 58–39, somewhere in that range but a port them. ments to the quality and independence of the Supporters of S. 256 suggest that the cur- partisan vote. Everyone on this side— audits of public companies and help to re- rent system is riddled with ‘‘high rollers’’ virtually everyone—voted against it. store investor confidence. But this law was who are gaming the system to get out of According to that vote, we can’t help never intended to give employees and retir- paying their fair share. To the contrary, those people. They have to face the re- ees more power to combat the tactics of cor- studies suggest that 90% of these filing for ality. They have to face up to the fact porate officers who systematically loot their bankruptcy do so because of circumstances corporations and line their pockets, even as they won’t have a home to go to when largely outside their control. In recent their companies’ financial position starts to it is all over. years, business failures and mass layoffs re- deteriorate. To do that, one must change But what about the mansions these sulting from corporate fraud have lead to in- corporate bankruptcy laws. CEOs go to, the millions of dollars they numerable individual bankruptcies, Rather These amendments will help employees have drained out of these corporations than correcting deficiencies in current law and retirees prevent corporate officers from that fail to protect workers in these cir- for their own personal benefit to buy pillaging their earnings and retirement sav- mansions, to buy golf courses, to cre- cumstances, the bill places new burdens on ings in two of important ways: working families when they are most vulner- It increases the power of bankruptcy ate a lifestyle with $30,000 shower cur- able. judges to nullify fraudulent transfers of ben- tains? Are we going to hold them ac- We strongly support Senator Rockefeller’s efits and money by corporate officers, and to countable for raiding these corpora- amendment to raise the current wage pri- examine off-book transactions. This will in- tions and driving them into bank- ority cap from $4,950 to $15,000 because the crease the ability of employees to recover as- ruptcy? The answer is no. Not a word amounts owed to workers frequently exceed sets that have been stripped. in this bill holds them accountable. the per employee cap. Senator Rockefeller’s It increases the ability of employees to re- I urge my colleagues. If you can work amendment would also eliminate arbitrary cover the value of company stock, when the up a rage over the possibility that payment rules that prevent workers from stock was purchased because employees were collecting compensation owned to them by a not allowed to choose other investment op- someone with medical bills that are bankrupt employer. Importantly, Senator tions. overwhelming goes to bankruptcy Rockefeller’s amendment will compensate These amendments are the important court seeking relief from their debts, workers who lose retiree health benefits by ‘‘next step’’ in reforming our corporate ac- can you work up a little bit of discom- requiring bankrupt companies to provide countability laws. It is being introduced at a fort over these CEOs and bandits of the cash payments for replacement coverage. time when Congress is poised to pass a per- major corporations? Can you bring The AFL–CIO also urges you to support sonal bankruptcy law that will make it more yourselves to say maybe we will hold amendments that will he offered by Senator difficult for moderate-income individuals Kennedy to protect low-income families who have been harmed by economic disrup- them accountable, too, for their mis- from means testing and unnecessary paper- tion, corporate scandals and personal misfor- conduct? work and to protect workers who declare tune to get a financial fresh start. We com- It would be a new day in this Senate, bankruptcy after becoming unemployed be- mend you for focusing on the kind of bank- a grand departure from the debate as it cause of outsourcing or a mass layoff. ruptcy reform that will help, not hurt, em- has gone down at this point. We have We also support Senator Feingold’s amend- ployees, retirees and working families. never come close to this yet. I haven’t ment to remove provisions that impose sub- Sincerely, heard a word yet from the other side— stantial new requirements on small busi- TRAVIS B. PLUNKETT, not a word on this floor by the sup- nesses attempting to reorganize under Chap- Legislative Director, porters of this bankruptcy bill about ter II. There is no justification for increasing Consumer Federa- the hurdles that small businesses already tion of America. these corporate bankruptcies and what face in trying to survive financial distress. EDMUND MIERZWINSKI, they have done to hundreds of thou- Finally, we urge you to support amend- Consumer Programs sands, if not millions, of unsuspecting ments that will be offered by Senator Durbin Director, U.S. Public investors, workers, and retirees.

VerDate jul 14 2003 01:15 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.082 S03PT1 S1990 CONGRESSIONAL RECORD — SENATE March 3, 2005 The Durbin amendment will give my 2001. In the months leading up to the ondary insurance. The cost to us is $895.00 a colleagues a chance to do something company’s filing, $1.7 million in incen- month for medical insurance alone. The about it. tive payments were made to its chief problem is, we’re using our retirement I urge my colleagues to support it. money to help with the cost of our medical executive officer on top of his $840,000 insurance. I yield the floor. salary. The company also received the Here you have the corporate officials The PRESIDING OFFICER. The Sen- approval of the bankruptcy court to ator from New Jersey. well taken care of, and the loyal em- make $1.5 million in payments to sen- ployees were notified with less than 24 Mr. LAUTENBERG. Mr. President, I ior managers to keep them on board. ask unanimous consent I be permitted hours. And this is how they end up. And these managers collectively re- How? Because they go to bankruptcy to speak as in morning business. ceived an additional $3 million when The PRESIDING OFFICER. Without court. Does this bill do anything about the company’s assets were sold. objection, it is so ordered. protecting those individuals? Abso- Yet, just days before Polaroid filed (The remarks of Mr. LAUTENBERG are lutely zero. Absolutely nothing. Abso- for bankruptcy, it canceled the health printed in today’s RECORD under lutely nothing. ‘‘Morning Business.’’ and life insurance benefits for more We have here a letter from Elaine Mr. LAUTENBERG. I yield the floor. than 6,000 retirees. It also canceled the Johnson. She lost a lung to cancer. The PRESIDING OFFICER (Mr. health insurance coverage for workers When Polaroid went into bankruptcy, DEMINT). The Senator from Massachu- with long-term disabilities, and halted she lost her health insurance, too. She setts is recognized. the severance benefits for thousands of writes: AMENDMENT NO. 49 workers who had recently been laid off. When Polaroid declared bankruptcy, I lost Mr. KENNEDY. Mr. President, this Polaroid employees had been re- my life insurance, medical and dental insur- legislation that we have before us quired to contribute to the company’s ance. Because of my disability, I’m unable to cracks down unfairly on large numbers Employee Stock Ownership Plan. When get other insurance and another job. of hard-working families that are in the company failed, their retirement Once you have these serious illnesses, dire financial straits because of a sud- savings were virtually all wiped out. it is virtually impossible to ever get den serious illness or because their The loss was devastating for workers your health insurance again. I have a loved ones are fighting in Iraq. Yet, like Karl Farmer, a Polaroid engineer son who had osteosarcoma at 12 years this bill blatantly ignores the real in Massachusetts for more than 30 old. He, as an individual—he is 43 years abuses in our bankruptcy laws: the cor- years. He had been required, as had old—cannot get a health insurance pol- porate abuses that have become epi- other Polaroid employees, to pay 8 per- icy today no matter what he is pre- demic in recent years. It is the worst cent of his pay into the company’s Em- pared to pay for it, unless he goes into corporate misconduct since before the ployee Stock Ownership Plan. At its some kind of group. Why? Because he Great Depression. peak, this stock was worth over had cancer at one particular time. Some of these companies were $200,000. But after the company de- Here you have individuals who have brought down by outright criminal ac- clared bankruptcy, the stock was disabilities who are tied into their tivities. Many more of them were driv- worthless. And he also lost his sever- company’s program. The company has en into bankruptcy by the greed and ance pay and medical benefits. made a commitment to them. And then mismanagement of a small group of Or take Betty Moss of Smryna, GA. what happens? At the time they go into reckless insiders who ignored their re- Betty and her husband retired and were bankruptcy court, one of the first sponsibility to their employees and traveling across the country in their things that happens is the corporate of- their stockholders alike. camper when they learned that Polar- ficials free themselves from the obliga- Current law on corporate bankruptcy oid had stopped her severance pay and tions to pay the employees’ health in- is grossly inadequate in dealing with that they had lost her health insurance surance, and they are left out in the these problems. Often, the very insid- and life insurance. Because of the fall cold. ers whose misconduct brought the com- in Polaroid stock, her retirement sav- The list goes on. Polaroid employees, pany down do very well in bankruptcy. ings plunged from $160,000 to only a few like Betsy Williams of Waltham, MA, The people who suffer the most are the hundred dollars. were financially devastated by the loss innocent victims, the employees, the The loss of health insurance and life of medical and health care benefits. retirees. insurance benefits was particularly Betsy was with Polaroid for 28 years, Increasingly, the bankruptcy court devastating for long-term disabled and she thought, when she came down has become a place where corporate ex- workers. With their disabilities, they with lupus, her company’s disability, ecutives go to get permission to line cannot go back to work, and they have health and life insurance would cover their own pockets and break their no way to obtain other insurance cov- her. She writes: promise to their workers and retirees. erage. When I received an unsigned letter from That kind of abuse is terribly wrong, Polaroid Corporation in July of 2002 stating Sally Ferrari of Saugus, MA, was di- that I (along with other employees on Long and it is our responsibility to prevent agnosed with Alzheimer’s disease after Term Disability) would be terminated by the it. working for Polaroid for 20 years. In re- company and my medical, dental and life in- Instead, we are considering a 500-page cent years, she required round-the- surance benefits would end, I was shocked bankruptcy bill that virtually ignores clock care. Yet, Polaroid cut off her and dismayed. Unable to work because of my this issue. It does nothing to address health care benefits in bankruptcy, disabilities, my husband (who is also dis- the corporate looting by high-level in- which meant that her husband had to abled) and I are forced to pay approximately siders. It does nothing to protect a stay at work full time until he recently $1,125/month for a Medicare Health plan and company’s workforce from losing their an additional $400–$500/month for prescrip- passed away in order to provide med- tion co-payments, supplies, etc.; no available jobs, their health care, and their pen- ical coverage for his wife. dental plan, and I was only able to get 50% sions. This bill should not move for- I also have letters from other em- of my life insurance at an exorbitant rate. ward until those glaring omissions are ployees. We now have two mortgages; our groceries corrected, and the Durbin amendment This letter is from David Maniscalco. He are bought with a credit card; and we are is the way to do it. was injured while working for Polaroid. Now holding on financially by a thread. Take a close look at the examples of he is unable to work, and his medical bills There it is. That is the person who is executives in some of America’s largest are consuming his family’s savings and his going to get burned with this bill. That corporations, and see how lavishly they retirement because Polaroid took away total is the person who is going to be benefitted while their companies went health care coverage. He points out: marched in. That is the person who is into bankruptcy. Top executives made After Polaroid declared bankruptcy, they going to be required to pay $10, $15, $20 sure they were well provided for at the terminated all the people on long term dis- a week, $80 a month on into the future ability, and terminated all of our Medical, company’s expense. Yet, loyal employ- Life and Dental Insurance. I wear a fiber- under this bill. But do we do anything ees and their families were left to glass back brace and sleep in a hospital bed about the corporate executives? Abso- struggle on their own. and am not able to work. My wife changed lutely nothing. A major corporation in Massachu- jobs in order to have medical insurance for And the list goes on. These are hard- setts, Polaroid, filed for bankruptcy in herself. And I am on Medicare and a sec- working people who were crushed when

VerDate jul 14 2003 01:15 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.083 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1991 Polaroid cut their benefits. Yet, while disabilities. It comes down hard on be there to compensate workers, retir- they suffered, Polaroid executives those individuals and lets these people ees, and other creditors. filled their pockets to overflowing. off free. And we call that fair? Take Finally, our amendment—I welcome When the chief financial officer left, away their homes if they live in 40-odd the opportunity to cosponsor it with she got a $600,000 pension. Recently, States, but let them keep millionaire the Senator from Illinois—will give a she received $1 million in severance homes in Texas and Florida. And they priority claim in bankruptcy to em- pay from Royal Dutch/Shell Company, do nothing about it, the proponents of ployees who are forced to invest their even though she left under a cloud of this bill, nothing. Call that fair? Call retirement savings in employer stock. scandal. And Polaroid’s former presi- this bill fair? Polaroid workers lost their retire- dent is now the president and CEO of We know what it is. It is making the ment because they were required to in- one of the country’s largest staff various bankruptcy courts the collec- vest 8 percent of their pay in their outsourcing companies. He plans to tion agencies for the credit card com- company as a condition of holding take the company public soon and will panies. Mr. American Taxpayer, you their jobs. Workers at Enron were also reap enormous profits. are going to be paying for more bank- forced to keep their company stock Enron, as my friend and colleague, ruptcy judges and staff and buildings until the age of 50 and subject to black- the Senator from Illinois, pointed out, because there are going to be so many out periods during which they couldn’t is another flagrant example of massive more people who are going to be sell their stock, but the company ex- company looting while employees lost thrown into bankruptcy. The fastest ecutives could. Under current bank- everything. Enron executives cashed growing group of bankruptcy filers is ruptcy law, workers have no way to re- out more than $1 billion of company the elderly, individuals fifty-five and cover from these losses. They deserve a stock when they knew the company older, who are being hit with increased chance to recover some of what they was in trouble. And just before the medical costs. As I mentioned the lost. This amendment will provide it. company declared bankruptcy, its top other day, they are seeing increased The issue is simple fairness. We executives were paid bonuses as high as premiums on Medicare—wait until learned even yesterday about the new $5 million each to stay on. they get their new prescription drug loophole, about trusts that are going to Enron workers, however, were forced program and start paying the costs for be created so those individuals who to hold their company stock until the that, which is an inadequate program may go into bankruptcy and who have age of 50. They were subject to black- that has special provisions in it that resources can go out and hire a lawyer out periods that executives were not. have giveaways to the HMOs and to the and shelter their income from any kind They lost a total of $1 billion in re- prescription drug companies. They are of bankruptcy court. But the average tirement savings. Thousands of them just going to end up paying more and worker can’t do that. The average lost their jobs. Thousands lost their more, Mr. American Taxpayer, to sup- worker out there working a lifetime for health insurance. Thousands of them port these courts of bankruptcy, and a company and then dismissed, the will be dragged into bankruptcy court they are going to squeeze our fellow company then goes into bankruptcy, under this particular legislation. citizens out all the more. Meanwhile can’t do that. Yet we have WorldCom, another other people are getting $9 million They can’t hold onto their homes like so many of the wealthiest individ- shameful case. Bernie Ebbers is on trial golden parachutes. uals in our country. In Florida they for corporate fraud. I don’t know how Senator DURBIN’s amendment will will be able to do it, but they won’t be many Americans read the newspapers stop the travesty of high-level cor- able to do it in most of the other yesterday, but Bernie Ebbers is on porate insiders walking away with mil- States. In Texas they can do it, but not trial. He received millions of dollars in lions of dollars in bankruptcy while in most of the other States. Yet here personal loans from the company and workers and retirees are left empty- on the floor of the U.S. Senate, the was originally granted a pension worth handed. This amendment will strength- Senate refused, absolutely refused to $1.5 million a year. This week he denied en the ability of bankruptcy courts to show any consideration to home owner- knowing anything about the biggest invalidate fraudulent transfers by cor- ship for people who have worked hard porate insiders. The current legislation accounting fraud in history. ‘‘I don’t all of their lives, just having $150,000 in does zero, nothing. The proponents of know about technology. I don’t know equity. about financing. I don’t know about ac- this legislation have opposed this effort This issue is about fairness. If a cor- counting,’’ he claimed. by the Senator from Illinois. This poration has gone into bankruptcy, What about those people I just men- amendment will strengthen the ability those who ran the ship aground cer- tioned who worked for Polaroid all of bankruptcy courts to invalidate tainly should be not be enriched at the their lives and because of the bank- fraudulent transfers. Currently the very time those who depend on the ruptcy lost their health insurance, do court can only compel the return of company for their livelihood are driven you think they will be able to give money improperly taken out of the into poverty. Yet that is what happens those kinds of answers? Not under this company in the preceding year. In all too often in corporate bankruptcy bill. many instances the looting has taken today. Any bankruptcy bill which fails Ordinary Americans will not have place over a number of years, and the to address these critical issues is a this defense when they are facing bank- court has no authority to go after cruel hoax on the American people. ruptcy. Countless WorldCom employees those lost assets. This amendment will I urge my colleagues to support the who honestly knew nothing about the allow bankruptcy judges to reach back Durbin amendment, recognizing that fraud wound up losing their jobs and as far as 4 years to recover corporate bankruptcy reform has to apply to cor- their retirement. assets. porations, too. Another example is the popular re- It also empowers the court to review I yield the floor and suggest the ab- tailer Kmart. As Kmart was teetering and set aside the excess benefit trans- sence of a quorum. on the edge of bankruptcy, the com- fers made to corporate management The PRESIDING OFFICER. The pany bought two new corporate jets. while the company was insolvent or clerk will call the roll. Once it finally went into bankruptcy, which contributed to the company’s in- The legislative clerk proceeded to CEO Chuck Conaway was given a $9 solvency. These sweetheart deals often call the roll. million golden parachute. Meanwhile take the form of huge bonuses, golden Mr. SCHUMER. Mr. President, I ask 57,000 Kmart workers lost their jobs, parachutes, and other payments to cor- unanimous consent that the order for and the company closed 600 stores. porate executives before the public the quorum call be rescinded. Abuses like these have made the learns that the company is in trouble. The PRESIDING OFFICER. Without headlines, but this bankruptcy bill Such payments violate the most basic objection, it is so ordered. doesn’t deal with them. It comes down principle of fiduciary duty, and the AMENDMENT NO. 42 hard on those families who have crit- bankruptcy court should have the Mr. SCHUMER. Mr. President, I rise ical health bills, families who are power to correct these wrongs. Every in support of my amendment No. 42 and touched by cancer and heart and dollar recovered from these outrageous will call for the yeas and nays on my stroke, families who have children with inside deals is another dollar that will amendment at the appropriate time.

VerDate jul 14 2003 02:18 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.051 S03PT1 S1992 CONGRESSIONAL RECORD — SENATE March 3, 2005 Mr. President, I rise to speak to my bankruptcy baby’’ deserves an Oscar gamblers, hustlers, and cheaters. I amendment to the Bankruptcy Abuse for the best legal loophole for the have listened for a number of years, Prevention and Consumer Protection wealthy. This millionaire’s loophole is and I share those concerns. But I hope Act to close an ugly loophole that pro- so bad that it must be knocked out be- my colleagues will come to the floor to tects millionaires, while at the same fore this fight is over. There is no ques- vote for this amendment that will end time this bill will punish, among oth- tion that, without this amendment, the the egregious millionaire’s loophole. ers, veterans’ families and sick people bankruptcy laws will continue to make Make no mistake about it, I am not with mountains of medical bills. it easier for millionaires to keep their against millionaires and billionaires. I The front page of yesterday’s busi- millions than for poor people to simply think it is great when an American ness section in the New York Times stay afloat. achieves success and makes a lot of ran a story on a shocking loophole in I hope my colleagues on the other money. But don’t declare bankruptcy bankruptcy law that is a windfall for side of the aisle will join me in that and hide your assets and shed your the wealthy, called the millionaire’s amendment. I know there seems to be debts. The people who should least be loophole. Let me read to you a little some kind of edict that you cannot able to do this are the wealthy. bit about it. I am going to read from vote for any amendment. Can we please I hope my colleagues will vote for the New York Times here. The headline make an exception for this one? I am this amendment, which will end the is: sure just about everybody agrees with egregious millionaire’s loophole. We Proposed law in bankruptcy has loophole; us. I am joined in this amendment by cannot let a few bad apple millionaires wealthy could shield many assets in trust. my colleagues Senators BINGAMAN, The bankruptcy legislation being debated evade the system by cutting and run- DURBIN, FEINSTEIN, and CLINTON; they by the Senate is intended to make it harder ning on their debts. This bill, I am for people to walk away from their credit have cosponsored the amendment. This afraid, of course, doesn’t go after just card and other debts. But legal specialists amendment closes this millionaire’s the bad apples. That is an issue my col- say the proposed law leaves open an increas- loophole by forcing those who seek to league from Massachusetts has been ingly popular loophole that lets wealthy peo- use these trusts to cheat. It only allows ably taking up on the floor, as have ple protect substantial assets from creditors, them to protect as much as $125,000 in many other of my colleagues. It actu- even after filing for bankruptcy. assets in these trusts and not a penny ally labels the whole bushel of bank- Here is the problem. In five States— more. In other words, it makes it anal- ruptcy filers rotten. Alaska, Delaware, Nevada, Rhode Is- ogous to what we do for homes in the I wish the bill made more of a dis- land and Utah—millionaires and even homestead exemption in this bill. tinction between those who are abu- billionaires can stash away their as- Again, if we don’t want wealthy peo- sive, who gamble, or who are profligate sets—whether it be a mansion, racing ple to be able to hide their assets in and try to shake off their debt, and car, a yacht, or any kind of financial their homes and escape the rigors of those who have run into real hardship asset or investment, or even a suitcase the bankruptcy law, why would we because they are in the military or be- filled with cash—in a special kind of allow them to do that in trusts? To cause they have health care problems. trust, so that they can hold on to that clarify, the amendment doesn’t ad- The bill makes no distinction between windfall even after filing for bank- versely affect retirees who have saved those two groups and that is wrong. We ruptcy. When they file for bankruptcy, for a lifetime to build a retirement need to make sure the bill targets the these wealthy people, creditors would nest egg. The solution is straight- Nation’s cheats and not its cheated. I not be able to reach anything in those forward. It is written in the spirit of urge my colleagues to close the mil- trusts. So here you have wealthy peo- the bill. In fact, when looking at state- lionaire’s loophole by voting for this ple filing for bankruptcy and yet hav- ments made by some of this bill’s amendment. ing huge amounts of assets protected greatest champions, you would think Mrs. FEINSTEIN. Mr. President, I in a little trust hidden away. they would have no problem accepting rise today to join my colleague from The bill tries to address the infamous this amendment in the bill. New York, Senator SCHUMER, in offer- homestead exemption by attaching a The bill’s sponsor is a good man. I am ing an amendment which would address $125,000 ceiling to it. But it doesn’t now on his committee. He is known as a serious loophole in the bankruptcy matter. A millionaire doesn’t need a having a great deal of integrity. Well, bill we are now considering it allows home to protect his or her assets. All here is what Senator GRASSLEY said rich debtors to unfairly shield assets they need is a good lawyer, a pencil, about the bill. This was in one of his from their creditors. paper, and one of these trusts. State’s local papers: Filing for chapter As one legal expert said: With this 7 bankruptcy, he said, ‘‘was not in- In recent years a number of financial loophole, the wealthy won’t need to tended to be a convenient financial and bankruptcy planners have taken buy houses in Florida or Texas to keep planning tool where deadbeats can get advantage of the law of a few States to their millions. So if anyone is manipu- out of paying their debts scot-free, create what is called an ‘‘asset protec- lating the system, it is these guys. By while honest Americans who play by tion trust.’’ These trusts are basically the way, you don’t have to be in these the rules have to foot the bill.’’ mechanisms for rich people to keep five States. All you have to do is file I agree with that statement. This money despite declaring bankruptcy. the trust in one of these States. My amendment fits the words of Senator They are unfair, and violate the basic great State of New York, I am happy to GRASSLEY exactly. Why would we not principle of this underlying legislation say, is blessed with many millionaires. include this amendment in the bill? that bankruptcy should be used judi- We hope there are more of them. But That is the essence of the amendment ciously to deal with the economic re- they should not be allowed to file in we have. Deadbeats exist in all tax ality that sometimes people cannot Delaware, or Utah, or Alaska a trust brackets. There are some middle-class pay their debts, but to prevent abuse of that allows them to declare bank- deadbeats. There are some poor dead- the system. ruptcy and yet keep their assets. It is beats, of course. What about the This loophole is an example of where a basic way for wealthy people to not wealthy deadbeats? Why are they the law, if not changed, permits, or pay their debts. treated differently than everybody even encourages, such abuse. We have heard a lot in this bill about else? The amendment is simple: It sets an people who gamble profligately and I hope my friends on the other side of upper limit on the amount of money waste their money and declare bank- the aisle, because of this grand edict that can be shielded in these asset pro- ruptcy. That is an abuse that the bill ‘‘don’t vote for any amendment,’’ don’t tection trusts, capping the amount at should, in my judgment, close. But end up protecting wealthy deadbeats $125,000. This amount parallels the then why are we continuing to allow it from the same punishment they are limit placed on the similar ‘‘homestead to remain in the law? It is not this bill doling out to those who are not so fi- exemption’’ elsewhere in the bill. The that does it; it is in the law. But as we nancially fortunate. homestead exemption allows some as- close those methods of using bank- I have listened to my Republican sets to be protected from creditors in ruptcy abusively, how can we leave friends and their concerns about the bankruptcy where they are in the form this one open? This ‘‘million dollar abuse of our bankruptcy system by a residential home.

VerDate jul 14 2003 02:18 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.053 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1993 The bottom line: Wealthy people will The Senate bill is favored by banks, credit The states that allow these trusts do so to be able to preserve only $125,000 in an card companies and retailers, who say it is attract the significant money management asset protection trust. now too easy for consumers to erase their and trustee fees that accompany them, Mr. This amount, $125,000, is not a small debts through bankruptcy. It is almost iden- Hirsch said. ‘‘It’s what is known in the par- tical to previous versions that have been in- lance of legal policy analysis as a race to the sum. It is more than enough to ensure troduced in Congress, unsuccessfully, since bottom,’’ he said. that the debtor is not left destitute. 1998. Perhaps because the current bill was The authors of the Delaware law, for exam- But I believe it is a reasonable amount. written so long ago, some legal authorities ple, noted when it was passed in 1997 that it It is deliberately based on the now-ac- say, it does not address the new state laws was meant to ‘‘maintain Delaware’s role as cepted $125,000 limit for the homestead that have allowed asset protection trusts to the most favored jurisdiction for the estab- exemption, which will also remain flourish. lishment of trusts.’’ available to a debtor. ‘‘This is just a way for rich folks to be able In some ways, asset protection trusts are to slip through the noose on bankruptcy, similar to the homestead exemption that Yesterday the New York Times, in an and, of course, the double irony here is that keeps homes in Florida, Texas and other article entitled Proposed Law on Bank- the proponents of this bill keep pressing it as states out of the reach of creditors. But the ruptcy Has Loophole detailed the po- designed to eliminate abuse,’’ said Elizabeth bankruptcy law now under consideration tential problem in this bill. The article Warren, a law professor at Harvard Law limits this exemption to $125,000 for those quotes Professor Elena Marty-Nelson, a School. ‘‘Yet when provisions that permit who purchased the home within 40 months of law professor at Nova Southeastern real abuse by rich people are pointed out, the their bankruptcy filing or for those who have University in Florida, who states: bill’s proponents look the other way.’’ committed securities fraud. Senator Charles E. Grassley, an Iowa Re- Ms. Marty-Nelson said the bankruptcy bill [i]f the bankruptcy legislation currently publican, is the main sponsor of the bank- should at least apply such a cap to domestic [before the Senate] gets enacted, debtors ruptcy bill. His press secretary, Beth Levine, asset protection trusts. Better yet, she said, won’t need to buy houses in Florida and said the senator’s staff was unaware of the the bill should exclude these trusts from the Texas to keep their millions [t]he trusts and the loophole for the wealthy that federal exemption altogether. millionare’s loophole that is the results of they represented. ‘‘The senator is always ‘‘Congress can and should close this huge these trusts needs to be closed. open to suggestions for closing these loop- loophole,’’ she said. Professor Elizabeth Warren of Har- holes,’’ she said. Mrs. FEINSTEIN. I believe it is crit- vard Law School is also quoted in the Money held in asset protection trusts can ical that we appropriately reform our article. She notes that: elude creditors because federal bankruptcy law exempts assets governed by ‘‘applicable bankruptcy system, and I applaud the [t]his is just a way for rich folks to be able nonbankruptcy law.’’ Intended to preserve efforts of Senator GRASSLEY and others to slip through the noose on bankruptcy and, rights to property under state law, the ex- to do that. But it is important that we of course, the double irony for her is that the emption makes it difficult for creditors to ensure that, wherever possible, loop- proponents of this bill keep pressing it as de- get hold of assets that they would not be signed to eliminate abuse. holes subject to abuse are closed. This able to seize through a nonbankruptcy pro- is just such a loophole. I hope that my I unanimously consent that the full ceeding in state court. colleagues will join me and Senator text of the article be printed in the Asset protection trusts have become in- creasingly popular in recent years among SCHUMER in closing this one. RECORD. Mr. KENNEDY. Mr. President, the [From the New York Times, Mar. 2, 2005] physicians, who fear large medical mal- practice awards, and corporate executives, most disturbing thing about this sup- PROPOSED LAW ON BANKRUPTCY HAS whose assets are at greater peril now because posed ‘‘bankruptcy reform’’ is the utter LOOPHOLE of new laws. The Sarbanes-Oxley legislation, lack of fairness and balance in the leg- (By Gretchen Morgenson) for example, requires chief executives and islation. It gets tough on working fam- The bankruptcy legislation being debated chief financial officers to certify that their ilies who are facing financial hardship by the Senate is intended to make it harder companies’ financial statements are accu- due to a health crisis, a job loss caused for people to walk away from their credit rate; anyone who knowingly certifies false by a plant closing, or a military call up card and other debts. But legal specialists numbers can be fined up to $5 million. In ad- say the proposed law leaves open an increas- dition, under Sarbanes-Oxley, executives to active duty. The laws of bankruptcy ingly popular loophole that lets wealthy peo- may have to reimburse their companies for are being changed to wrest every last ple protect substantial assets from creditors bonuses or other incentive compensation dollar out of these unfortunate families even after filing for bankruptcy. they received if their company’s financial re- in order to further enrich the credit The loophole involves the use of so-called ports have to be restated in later years. card companies. asset protection trusts. For years, wealthy ‘‘Given all the notoriety of what we’re seeing However, the authors of this legisla- people looking to keep their money out of today, from HealthSouth to WorldCom, there tion look the other way when it comes. the reach of domestic creditors have set up is probably more of an impetus for execu- to closing millionaire’s loopholes and these trusts offshore. But since 1997, law- tives to consider going this route,’’ said ending corporate abuse. The bill fails makers in five states—Alaska, Delaware, Ne- Scott E. Blakeley, a lawyer at Blakeley & vada, Rhode Island and Utah—have passed Blakeley in Irvine, Calif. ‘‘And yet in the to deal effectively with the unlimited legislation exempting assets held domesti- bankruptcy bill, this topic is not touched.’’ homestead exemptions in a few States cally in such trusts from the federal bank- While it is difficult to quantify how much which allow the rich to hold on to their ruptcy code. People who want to establish money is sitting in domestic asset protection multi-million dollar mansions while trusts do not have to reside the five states; trusts, their popularity is undeniable, bank- middle class families in other States they need only set their trust up through an ruptcy specialists said. ‘‘I’ve heard figures lose their modest homes. And, the bill institution in one of them. for foreign asset protection trusts and those totally fails to address the shocking ‘‘If the bankruptcy legislation currently probably are in the billions,’’ said Adam J. being rushed through the Senate gets en- Hirsch, a law professor at Florida State Uni- abuse of millionaires hiding their as- acted, debtors won’t need to buy houses in versity. ‘‘I haven’t seen any figures for do- sets in so-called ‘‘asset protection Florida or Texas to keep their millions,’’ mestic asset protection trusts, but they trusts,’’ placing them completely be- said Elena Marty-Nelson, a law professor at could very well be the same.’’ yond the reach of creditors. They can Nova Southeastern University in Fort Lau- Current federal bankruptcy law protects hold on to their wealth merely by sign- derdale, Fla., referring to generous home- assets held in a type of trust, known as a ing a paper placing title their bank ac- stead exemptions in those states. ‘‘The mil- spendthrift trust, traditionally set up by one counts, stocks, bonds, and other hold- family member to benefit another. But cur- lionaire’s loophole that is the result of these ings in the name of a trust. The trusts needs to be closed.’’ rent law does not protect the assets of people Yesterday in Washington, Republicans in who set up spendthrift trusts to benefit wealthy debtors don’t even have to the Senate beat back the first in a series of themselves. And the law limits the purposes change their residences or put all of Democratic amendments aimed at softening of the trusts that qualify for exemption. Re- their money into a country estate in the effects of the bankruptcy bill on military tirement planning or paying for education Florida or Texas. All they need to do is personnel, and the majority leader of the are two approved purposes for such trusts. file a trust document in one of the five House vowed to get quick approval of the bill By contrast, domestic asset protection States that allow this subterfuge. They if the Senate did not significantly alter it. trusts can be set up by the same people who do not have to relinquish control over ‘‘We will grab hold of it just like we did plan to benefit from them. In addition, there class action if it is a good and clean bank- are no caps on the dollar amount of assets their property and it can continue to ruptcy reform bill,’’ said Representative they can hold and no restrictions on their be used to support their extravagant Tom DeLay, a Texas Republican, referring to purpose, Ms. Marty-Nelson said. One limita- lifestyle. the quick action the House took last month tion is that the trusts cannot be set up by Unfortunately, average families fac- on a measure limiting class-action lawsuits. people who are already insolvent. ing bankruptcy don’t have large bank

VerDate jul 14 2003 02:18 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.058 S03PT1 S1994 CONGRESSIONAL RECORD — SENATE March 3, 2005 accounts and stock portfolios so they The PRESIDING OFFICER. The Lautenberg Murray Rockefeller Leahy Nelson (FL) Salazar cannot take advantage of this loophole. clerk will call the roll. Levin Obama Sarbanes Most couldn’t even afford to hire a law- The legislative clerk proceeded to Lieberman Pryor Schumer yer to set up the trust. However, that’s call the roll. Lincoln Reed Stabenow all right because the asset protection Mr. MCCONNELL. Mr. President, I Mikulski Reid Wyden trust scam was not designed for them. ask unanimous consent that the order NAYS—56 It was designed to protect millionaire for the quorum call be rescinded. Alexander DeWine McConnell deadbeats, people who ran their compa- The PRESIDING OFFICER. Without Allard Dole Murkowski nies into the ground leaving their objection, it is so ordered. Allen Domenici Nelson (NE) creditors and their former employees Bennett Ensign Roberts Mr. MCCONNELL. Mr. President, I Bond Enzi holding the bag. It was designed to pro- Santorum ask unanimous consent that the Sen- Brownback Frist Sessions tect those who took the money and ate now proceed to a series of stacked Bunning Graham Shelby ran. Burns Grassley Smith votes in relation to the following Burr Gregg Somehow the authors of this bill, Snowe amendments: Schumer amendment No. Carper Hagel Specter after eight years of studying the bank- Chambliss Hatch 42 and Rockefeller amendment No. 24; Stevens ruptcy code in search of ways to tight- further, that no amendments be in Coburn Hutchison en the law so that more people would Cochran Isakson Sununu order to the amendments prior to the Talent be held accountable for their debts— Coleman Johnson votes; that the second vote be limited Collins Kyl Thomas somehow they overlooked this loop- to 10 minutes in length; and that there Cornyn Lott Thune hole. I wonder how they could have Craig Lugar Vitter be 1 minute on each side to explain missed this one. I guess they were just Crapo Martinez Voinovich these amendments prior to the vote. Warner too busy finding ways to make working DeMint McCain The PRESIDING OFFICER. Without families pay a few more dollars to the NOT VOTING—5 objection, it is so ordered. credit card companies. Boxer Feingold Inouye Fortunately, the New York Times did AMENDMENT NO. 48 Corzine Inhofe expose this outrageous loophole and Mr. MCCONNELL. Mr. President, I The amendment (No. 42) was rejected. Senator SCHUMER has offered an ask unanimous consent that the pend- Mr. MCCONNELL. Mr. President, I amendment to close it. It will empower ing Specter amendment No. 48 be move to reconsider the vote. the bankruptcy court to reach out and agreed to and the motion to reconsider Mr. HATCH. I move to lay that mo- pull the assets in these abusive trusts be laid upon the table. tion on the table. back into the bankruptcy, using those The PRESIDING OFFICER. Without The motion to lay on the table was assets to help pay creditors. The vote objection, it is so ordered. agreed to. on this amendment will be a real test The amendment (No. 48) was agreed Mr. MCCONNELL. Mr. President, let of the sincerity of those who say their to. me announce to all Members that fol- goal is to hold debtors more account- AMENDMENT NO. 42 lowing the next vote we will vote in re- able for the money they owe. I would Mr. MCCONNELL. Mr. President, I lation to the Durbin amendment No. hope that same desire to enforce per- ask for the yeas and nays on the Schu- 49. We will have an explanation of 2 sonal responsibility applies to the mil- mer amendment. minutes equally divided. Both of these lionaire deadbeat who hides his assets The PRESIDING OFFICER. Is there a votes are going to be 10 minutes. We as well as the working family strug- sufficient second? are going to enforce the time on this gling to survive. There appears to be a sufficient sec- vote. Everybody please stay in the Mr. GRASSLEY. Mr. President, I op- ond. Chamber at the convenience of all pose the Schumer amendment. This is The PRESIDING OFFICER. Who Members so we can finish this vote and an issue that just needs more time for yields time on the amendment? the next vote within 10 minutes each, us to determine whether there is an Without objection, time is yielded particularly this one. abuse that needs to be addressed. We back. The PRESIDING OFFICER. There need to ensure that this amendment The question is on agreeing to are 2 minutes evenly divided prior to doesn’t have unintended consequences. amendment No. 42 offered by the Sen- the vote on the Rockefeller amend- For instance, it doesn’t define the term ator from New York, Mr. SCHUMER. The ment. ‘‘asset protection trust’’ and therefore yeas and nays have been ordered. The Who yields time? we aren’t even sure what we are being clerk will call the roll. The Senator from West Virginia. asked to vote on. Further, it not only Mr. ROCKEFELLER. Mr. President, covers asset protection trusts, but also The legislative clerk called the roll. covers ‘‘similar trusts.’’ Until we have Mr MCCONNELL. The following Sen- this amendment is critical to making had time to really understand whether ator was necessarily absent: the Sen- corporate bankruptcies fairer to the this is a loophole, and if it is, how to ator from Oklahoma (Mr. INHOFE). people who have worked in those cor- close it in a way that doesn’t harm in- Further, if present and voting, the porations and toiled during the course nocent third parties. Senator from Oklahoma (Mr. INHOFE) of their lives and expect, reasonably, at In addition, this issue is even more would have voted ‘‘no.’’ end of their service, to have something complex because it implicates 50 dif- Mr. DURBIN. I announce that the to show for it. ferent State laws. We don’t know Senator from California (Mrs. BOXER), My amendment does three things. enough at this point about how it the Senator from New Jersey (Mr. First, it allows employees to recover works. This would override at least CORZINE), the Senator from Wisconsin up to $15,000 in backpay or other com- some State laws, like the homestead (Mr. FEINGOLD), and the Senator from pensation that is owed them. cap would. I think it is important to Hawaii (Mr. INOUYE) are necessarily ab- Second, my amendment would elimi- look at this issue, have a hearing and sent. nate the accrual time period for cal- consult with senators whose States The PRESIDING OFFICER (Mr. culation of priority claims. And, if we might be uniquely affected. Be sure, THUNE). Are there any other Senators do not eliminate the accrual period, however, that my opposition to this in the Chamber desiring to vote? then increasing wage priority in the amendment doesn’t mean that I will The result was announced—yeas 39, bill is meaningless. not ultimately find that this issue nays 56, as follows: Finally, my amendment would pro- needs to be addressed at some future [Rollcall Vote No. 23 Leg.] vide at least some compensation to re- date. I think that all the work we have YEAS—39 tirees whose promised health insurance done on this bill, the compromises we Akaka Chafee Feinstein has been taken away. have reached should not be disrupted Baucus Clinton Harkin Under my proposal, each retiree by this last-minute proposal that has Bayh Conrad Jeffords would be entitled to payment equal to Biden Dayton Kennedy the cost of purchasing comparable not been well thought out. Bingaman Dodd Kerry I yield the floor and suggest the ab- Byrd Dorgan Kohl health insurance for a period of 18 sence of a quorum. Cantwell Durbin Landrieu months.

VerDate jul 14 2003 02:18 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.016 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1995 I encourage the support of my col- The PRESIDING OFFICER. Is there a Rigas took $2.3 billion in loans for a leagues. sufficient second? golf course—driving the companies into Mr. BYRD. Mr. President, the great There is a sufficient second. bankruptcy at the expense of the union leader, John L. Lewis, spoke of The clerk will call the roll. stockholders, employees, and retirees. those who sup at labor’s table and who The assistant legislative clerk called This amendment reaches back and have been sheltered in labor’s house. the roll. brings that money to the people who That image thrives in West Virginia, Mr. MCCONNELL. The following Sen- need it. It also gives a claim in bank- where children are raised to believe ators were necessarily absent: the Sen- ruptcy for the pension rights that are that the fruits of their labor ought to ator from Oklahoma (Mr. INHOFE) and extinguished in bankruptcy. I ask for yield a decent wage and comfortable the Senator from Pennsylvania (Mr. Members’ support. living. Many work long hours, con- SPECTER). The PRESIDING OFFICER. The Sen- cerned less about titles and honors Mr. DURBIN. I announce that the ator from Utah. than providing for their families in the Senator from California (Mrs. BOXER), Mr. HATCH. Mr. President, this is an present and securing their retirement the Senator from New Jersey (Mr. important matter, but this amendment in old age. CORZINE), the Senator from Wisconsin is too. I ask Members to vote no on the They devote themselves to their la- (Mr. FEINGOLD), and the Senator from amendment. bors and take pride in their work and Hawaii (Mr. INOUYE) are necessarily ab- The PRESIDING OFFICER. The their employer. These workers are sent. question is on agreeing to amendment committed, hard-working individuals The PRESIDING OFFICER. Are there No. 49. who contribute much and ask for noth- any other Senators in the Chamber de- Mr. DURBIN. I ask for the yeas and ing more than simple fairness. And so siring to vote? nays. imagine how they are made to feel—the The result was announced—yeas 40, The PRESIDING OFFICER. Is there a anguish, frustration, and betrayal they nays 54, as follows: sufficient second? are made to feel—when they learn the [Rollcall Vote No. 24 Leg.] There is a sufficient second. The clerk will call the roll. pension they worked for, the health YEAS—40 benefits they labored for, the security Mr. MCCONNELL. The following Sen- Akaka Harkin Nelson (FL) ators were necessarily absent: the Sen- they toiled for, has vanished. Baucus Jeffords Obama ator from Oklahoma (Mr. INHOFE) and That is what is happening in West Bayh Johnson Pryor Virginia to an alarming degree. Special Bingaman Kennedy Reed the Senator from Pennsylvania (Mr. Byrd Kerry Metals, Horizon Natural Resources, Reid SPECTER). Cantwell Kohl Rockefeller Mr. DURBIN. I announce that the Weirton Steel, Wheeling-Pitt, Kaiser Clinton Landrieu Salazar Senator from California (Mrs. BOXER), Aluminum—all have filed for bank- Collins Lautenberg Sarbanes Conrad Leahy Schumer the Senator from New Jersey (Mr. ruptcy, endangering the health and Dayton Levin Snowe CORZINE), the Senator from Wisconsin pension benefits of workers and retir- Dodd Lieberman Stabenow Dorgan Lincoln (Mr. FEINGOLD) and the Senator from ees. Wyden I scold not those who have sought to Durbin Mikulski Hawaii (Mr. INOUYE) are necessarily ab- Feinstein Murray protect their employees but those sent. The PRESIDING OFFICER. Are there scoundrels who have used bankruptcy NAYS—54 any other Senators in the Chamber de- to abandon their obligations. Alexander Crapo Martinez siring to vote? It is shattering to those workers and Allard DeMint McCain Allen DeWine McConnell The result was announced—yeas 40, retirees affected. It cripples their faith Bennett Dole Murkowski nays 54, as follows: in the moral values of an honest day’s Biden Domenici Nelson (NE) [Rollcall Vote No. 25 Leg.] work for an honest day’s pay. It’s terri- Bond Ensign Roberts Brownback Enzi Santorum YEAS—40 fying for retirees who cannot begin new Bunning Frist Sessions Akaka Feinstein Murray careers. These independent, proud men Burns Graham Shelby Baucus Harkin Nelson (FL) Burr Grassley Smith and women fear becoming a burden to Bayh Jeffords Obama Carper Gregg Stevens their children and grandchildren. Biden Johnson Chafee Hagel Sununu Pryor Bingaman Kennedy I understand how they are made to Chambliss Hatch Talent Reed Byrd Kerry Coburn Hutchison Thomas Reid feel, and I seek to help them, as I al- Cantwell Kohl Cochran Isakson Thune Rockefeller ways have sought to help them. I sup- Carper Landrieu Coleman Kyl Vitter Salazar Clinton Lautenberg port the Rockefeller amendment, and I Cornyn Lott Voinovich Sarbanes Conrad Leahy commend my colleague for his endeav- Craig Lugar Warner Schumer Dayton Levin ors in this regard. Stabenow NOT VOTING—6 Dodd Lieberman The PRESIDING OFFICER. The Sen- Dorgan Lincoln Wyden Boxer Feingold Inouye Durbin Mikulski ator from Utah. Corzine Inhofe Specter Mr. HATCH. Mr. President, this NAYS—54 The amendment (No. 24) was rejected. amendment would provide a nearly Alexander DeMint McCain fourfold increase in claim amounts and Mr. FRIST. Mr. President, I move to Allard DeWine McConnell strike the time period. That means it reconsider the vote and to lay that mo- Allen Dole Murkowski would be much harder to confirm a tion on the table. Bennett Domenici Nelson (NE) The motion to lay on the table was Bond Ensign Roberts plan under Chapter 11. It will cost us Brownback Enzi Santorum jobs, because the debtor companies agreed to. Bunning Frist Sessions would not be able to survive the bank- The PRESIDING OFFICER. The ma- Burns Graham Shelby Burr ruptcy process. jority leader is recognized. Grassley Smith Mr. FRIST. For the information of Chafee Gregg Snowe My colleague from the Finance Com- Chambliss Hagel Stevens mittee is concerned about the co-provi- our colleagues, this will be the last Coburn Hatch Sununu sions. Rest assured, they are bad. We rollcall vote tonight. We will have Cochran Hutchison Talent probably two votes at 5:30 on Monday. Coleman Isakson Thomas all know how many compromises have Collins Kyl Thune been made on this bill. This amend- AMENDMENT NO. 49 Cornyn Lott Vitter ment would undo years of hard work. The PRESIDING OFFICER. The Sen- Craig Lugar Voinovich I urge my colleagues to vote no on ator from Illinois. Crapo Martinez Warner this amendment. Mr. DURBIN. Mr. President, pursu- NOT VOTING—6 I yield the remainder of my time. ant to unanimous consent, on the next Boxer Feingold Inouye The PRESIDING OFFICER. The amendment you should keep in mind Corzine Inhofe Specter question is on agreeing to the amend- Kenneth Lay who, on the road to bank- The amendment (No. 49) was rejected. ment. ruptcy, took $200 million out of Enron. Mr. LOTT. I move to reconsider the Mr. HATCH. I ask for the yeas and Bernie Ebbers took $366 million in per- vote, and I move to lay that motion on nays. sonal loans out of WorldCom, and John the table.

VerDate jul 14 2003 02:18 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.063 S03PT1 S1996 CONGRESSIONAL RECORD — SENATE March 3, 2005 The motion to lay on the table was leased into the air in and around Libby, U.S.C. 9601 et seq.), shall be deposited into agreed to. Montana, until the early 1990s when the the Trust Fund. Mr. LOTT. Mr. President, I ask unan- vermiculite mining and milling process was ‘‘(v) An individual shall be eligible for imous consent to speak as in morning finally halted; medical benefit payments, from the Trust ‘‘(V) current and former residents of Libby, Fund if the individual— business for a couple minutes. Montana, and former vermiculite mine ‘‘(I) has an asbestos related disease or ill- The PRESIDING OFFICER. Without workers from the Libby mine suffer from as- ness; objection, it is so ordered. bestos related diseases at a rate 40 to 60 ‘‘(II) has an eligible medical expense; and (The remarks of Mr. LOTT are printed times the national average, and they suffer ‘‘(III)(aa) was a worker at the vermiculite in today’s RECORD under ‘‘Morning from the rare and deadly asbestos-caused mining and milling facility in Libby, Mon- Business.’’) cancer, mesothelioma, at a rate 100 times the tana; or Mr. LOTT. I yield the floor, and I national average; ‘‘(bb) lived, worked, or played in Libby, suggest the absence of a quorum. ‘‘(VI) the State of Montana and the town of Montana for at least 6 consecutive months before December 31, 2004.’’; and The PRESIDING OFFICER. The Libby, Montana, face an immediate and se- vere health care crisis because— (2) by adding at the end the following: clerk will call the roll. ‘‘(aa) many sick current and former resi- Mr. KENNEDY. Mr. President, Sen- The assistant legislative clerk pro- dents and workers who have been diagnosed ator SESSIONS, on the floor yesterday, ceeded to call the roll. with asbestos-related exposure or disease criticized Elizabeth Warren’s study on Mr. REID. Mr. President, I ask unan- cannot access private health insurance; bankruptcies, and the high percentage imous consent the order for the ‘‘(bb) the costs to the community and of bankruptcy filers who file because of quorum call be rescinded. State government related to providing significant debt related to illness and The PRESIDING OFFICER (Mr. health coverage for uninsured sick residents medical costs, uses. ALLEN). Without objection, it is so or- and former mine workers are creating sig- nificant pressures on the State’s medicaid Senator SESSIONS cited a U.S. Trust- dered. program and threaten the viability of other ee Program ‘‘survey’’ from 2002 that AMENDMENT NO. 50 community businesses; looked into medical costs as a factor in Mr. REID. I ask unanimous consent ‘‘(cc) asbestos-related disease can have a bankruptcy. He argued that ‘‘only the pending amendment be laid aside. long latency period; and slightly more than 5 percent of unse- The PRESIDING OFFICER. Without ‘‘(dd) the only significant responsible party available to compensate sick residents and cured debt reported in those cases was objection, it is so ordered. medically related;’’ ‘‘54 percent of the Mr. REID. I send an amendment to workers has filed for bankruptcy protection; and cases listed no medical debts whatso- the desk on behalf of Senator BAUCUS. ‘‘(VII) the responsible party should recog- ever. I want to repeat that,’’ he said. The PRESIDING OFFICER. The nize that it has a responsibility to work in He also said that ‘‘they found that 90 clerk will report. partnership with the State of Montana, the percent of the cases that did have med- The legislative clerk read as follows: town of Libby, Montana, and appropriate ical debts reported debts of less than The Senator from Nevada [Mr. REID], for health care organizations to address esca- $5,000.’’ lating health care costs caused by decades of Mr. BAUCUS, proposes an amendment num- Elizabeth Warren sent a letter to the bered 50. asbestos pollution in Libby, Montana. ‘‘(ii) In this subparagraph— Judiciary Committee last month which Mr. REID. I ask unanimous consent ‘‘(I) the term ‘asbestos related disease or pointed out many of the problems with the reading of the amendment be dis- illness’ means a malignant or non-malignant this U.S. Trustee Program ‘‘survey’’: pensed with. respiratory disease or illness related to The survey underreported both the The PRESIDING OFFICER. Without tremolite asbestos exposure; breadth and impact of medical bank- objection, it is so ordered. ‘‘(II) the term ‘eligible medical expense’ ruptcies because of the way it was con- The amendment is as follows: means an expense related to services for the ducted. diagnosis or treatment of an asbestos-related (Purpose: To amend section 524(g)(1) of title disease or illness, including expenses in- U.S. trustee’s sample was limited 11, United States Code, to predicate the curred for hospitalization, prescription only to chapter 7 cases and omitted discharge of debts in bankruptcy by any drugs, outpatient services, home oxygen, res- chapter 13 cases. Families filing for vermiculite mining company meeting cer- piratory therapy, nursing visits, or diag- bankruptcy under chapter 7 have an tain criteria on the establishment of a nostic evaluations; health care trust fund for certain individ- annual median income of $19,000. ‘‘(III) the term ‘responsible party’ means a uals suffering from an asbestos related dis- Therefore, the average medical debt corporation— ease) identified by the U.S. trustee—the av- ‘‘(aa) that has engaged in mining erage is $5,000 for those with medical On page 47, strike lines 12 through 14, and vermiculite that was contaminated by insert the following: tremolite asbestos; debt—is quite substantial for those SEC. 202. EFFECT OF DISCHARGE. ‘‘(bb) whose officers or directors have been families trying to cope with medical Section 524 of title 11, United States Code, indicted for knowingly releasing into the problems. Mr. President, $5,000 in med- is amended— ambient air a hazardous air pollutant, name- ical debt is more than 25 percent of the (1) in subsection (g)(1), by adding at the ly asbestos, and knowingly endangering the annual income for that family. end the following: residents of Libby, Montana and the sur- The petition data used by the Office ‘‘(C)(i) Congress finds that— rounding communities; and of the U.S. Trustee does not include ‘‘(I) the vermiculite ore mined and milled ‘‘(cc) for which the Department of Justice any medically related debts charged in Libby, Montana, was contaminated by has intervened in a bankruptcy proceeding; high levels of asbestos, particularly and onto credit cards such as prescription tremolite asbestos; ‘‘(IV) the term ‘Trust Fund’ means the medications, doctors visits, rehabilita- ‘‘(II) the vermiculite mining and milling health care trust fund established pursuant tion treatments, medical supplies, hos- processes released thousands of pounds of as- to clause (iii). pital bills, or even second mortgages bestos-contaminated dust into the air ‘‘(iii) A court may not enter an order con- that people have put on their homes to around Libby, Montana, every day, exposing firming a plan of reorganization under chap- pay off hospital bills and other medical mine workers and Libby residents to high ter 11 involving a responsible party or issue expenses, or cash advances, bank over- levels of asbestos over a prolonged period of an injunction in connection with such order drafts or payday loans that people have time; unless the responsible party— ‘‘(III) the responsible party has known for ‘‘(I) has established a health care trust incurred to pay for medical services over 50 years that there are severe health fund for the benefit of individuals suffering when they are delivered or to pay med- risks associated with prolonged exposure to from an asbestos related disease or illness; ical bills that are outstanding. If any asbestos, including higher incidences of as- and of these bills were paid by being bestos related disease such as asbestosis, ‘‘(II) has deposited not less than $250,000,000 charged on a credit card, then the lung cancer, and mesothelioma; into the Trust Fund. trustee’s survey would not include ‘‘(IV) the responsible party was aware of ‘‘(iv) Notwithstanding any other provision them in its figures. accumulating asbestos pollution in Libby, of law, any payment received by the United For these and other reasons, the peti- Montana, but failed to take any corrective States for recovery of costs associated with action for decades, and once corrective ac- the actions to address asbestos contamina- tion data gathered by the U.S. Trustee tion was taken, it was inadequate to protect tion in Libby, Montana, as authorized by the Program provides very little informa- workers and residents and asbestos-contami- Comprehensive Environmental Response, tion about medical bankruptcy. This is nated vermiculite dust continued to be re- Compensation, and Liability Act of 1980 (42 why it is so important to survey the

VerDate jul 14 2003 02:18 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.066 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1997 debtors themselves in order to collect and the 8 years she spent in the halls of support for my candidacy for the Sen- accurate data, the way the Harvard the Capitol were full of accomplish- ate. I am so grateful for her support, study actually did. ments. and so proud to have had the faith of I suggest the absence of a quorum. She became the highest ranking Tillie Fowler in my candidacy. Her wis- The PRESIDING OFFICER. The woman on either side of Capitol Hill, dom will be missed, but her legacy is clerk will call the roll. when her colleagues selected her as firmly in place. The legislative clerk proceeded to Vice Chair of the Republican Con- Tillie Fowler began her life as a pub- call the roll. ference. lic servant shortly after earning her Mr. FRIST. Mr. President, I ask Term-limiting herself, she retired law degree from Emory University. She unanimous consent that that the order from Congress, but not from public came to Washington to work for 3 for the quorum call be dispensed with. service. Time and again she was called years as a legislative assistant to Rep- The PRESIDING OFFICER. Without on by our Nation’s leaders to serve in resentative Robert Stephens of Geor- objection, it is so ordered. important and sensitive assignments. gia, and shortly thereafter she went to f Defense Secretary Rumsfeld named her work at the Nixon White House in the Chair—the first female Chair—of the Office of Consumer Affairs. MORNING BUSINESS Defense Policy Board Advisory Com- At the White House, Tillie made one Mr. FRIST. Mr. President, I ask mittee, and he appointed her to lead of her dearest lifelong friends, our col- unanimous consent that there now be a the seven member panel created by league Senator ELIZABETH DOLE. Tillie period of morning business with Sen- Congress to review misconduct allega- and her husband Buck even named one ators permitted to speak for up to 10 tions at the Air Force Academy. He of their daughters Elizabeth in honor minutes each. turned to her again for a blue-ribbon of that wonderful friendship. Tillie The PRESIDING OFFICER. Without panel to provide independent profes- looked to ELIZABETH DOLE as a role objection, it is so ordered. sional advice on Iraq’s Abu Ghraib pris- model for working women, as someone f on. who could be strong without being hard TRIBUTE TO FORMER Tillie Fowler was a role model of edged, and she followed that example of CONGRESSWOMAN TILLIE FOWLER what a servant of the public should be. success. I extend to my colleague my And she was the finest friend that one deepest condolences on the loss of your Mrs. DOLE. Mr. President, I rise could have. Loyal and caring, she was good and dear friend. today with a very heavy heart. And I like a sister to me—always there, al- After her tenure at the White House, know the devastation and deep sadness ways reaching out, always searching she and Buck moved back to Jackson- I feel are shared by many in the Cap- for ways in which she could help. ville, FL, where they settled down to itol, in Washington, and throughout Poet Robert Frost wrote: ‘‘As dawn raise a family. She became active in a America. For with the passing of goes down to day; Nothing gold can number of community organizations former Congresswoman Tillie Fowler, stay.’’ Tillie was pure gold. She will including the American Red Cross and America has lost one of her most ac- live forever in my heart. the Jacksonville Junior League. She complished and dedicated public serv- Bob and I send our strongest support, eventually ran for the city council in ants, and I have lost one of my most our love, our prayers to Tillie’s family. the 1980s, and served for 7 years, the precious friends. Mr. MARTINEZ. Mr. President, I rise last year as council president. She was Tillie’s remarkable record of public today to join my colleague from North the first female, and the first Repub- service is well known to many of my Carolina to speak about our great loss, lican, to serve as the president of the colleagues. It began over three decades the loss of a great friend, the passing of Jacksonville city council. ago, when she worked as a legislative Congresswoman Tillie Fowler of Jack- In 1992 Tillie Fowler became Con- staff member here on Capitol Hill. Her sonville. Tillie was taken from us sud- gresswoman Tillie Fowler and quickly talents soon attracted the attention of denly yesterday, passing from this rose to be one of the top ranking Virginia Knauer, Special Assistant to Earth to a better life, and we are sad women in the House of Representa- the President for Consumer Affairs. It and shocked by this terrific loss that tives. She became vice chairwoman of was there that Tillie and I worked side the State and the Nation has suffered. the House Republican Conference and, by side and bonded as lifelong friends. In every way, Tillie was a great lady. for 6 years, chief deputy whip. Con- Following her marriage, she and her She had such a unique combination of gresswoman Fowler served on the beloved husband, Buck, moved to Flor- strengths that she has been referred to House Armed Services Committee and ida, where they would raise two won- as a ‘‘steel magnolia.’’ She was ever the House Committee on Transpor- derful daughters—Tillie Anne, and my gracious and kind and a gentle soul, tation as well. Both committees al- goddaughter, Elizabeth. Tillie also de- but at the same time she was firm in lowed her to become a successful advo- voted her talents and her enormous en- her convictions. Even though Tillie had cate for the city of Jacksonville and ergy to her community as a volunteer left the House of Representatives, peo- for the State of Florida. But I think serving in numerous leadership posi- ple in the highest levels of Govern- Tillie will always be remembered for tions. She was President of the Jack- ment, as pointed out by my colleague her great grasp of defense policy, her sonville City Council—the first woman from North Carolina, continually impassioned advocacy on behalf of the ever to hold that position, and the first sought her advice and counsel. U.S. military. Republican to preside over the council Most recently she had served on the In the year 2000, Congresswoman in more than a century. This, despite Defense Policy Board Advisory Com- Fowler voluntarily stepped down to the fact that the Council consisted of mittee, which provides counsel to Sec- honor a pledge she had made to self- 16 Democrats and only 3 Republicans. retary of Defense Rumsfeld on policy limit and return to private life. With- Clearly, Tillie’s intelligence, integrity, and strategy. out a doubt, the most important legacy and leadership skills were respected I relied often on her sound judgment left behind by our friend Tillie Fowler across party lines. and advice. Most recently we were is her family—her husband Buck, and In 1992, Tillie ran for the United talking about the Mayport Naval Base their two daughters Elizabeth and States House of Representatives. Her in Florida and the USS Kennedy, and Tillie. popularity was so great that the in- what the Florida delegation should do Our hearts are with you. Our cumbent Congressman decided to retire in order to ensure the long-term viabil- thoughts and prayers go out to you rather than run against her. ity of Mayport. She was an instru- during this difficult time. As those who served with her know, mental adviser to Governor Jeb Bush We will miss her greatly and may Tillie quickly earned a reputation as on the BRAC and BRAC process. God bless her. one of the hardest working and most Tillie was a great friend and personal Mr. CONRAD. Mr. President, I am effective Members of Congress. She was counselor to me. It was only about this saddened by the passing of Tillie recognized as one of the 1 most time a year ago that she and I were Fowler. My wife and I had the privilege thoughtful and visionary members of standing near the St. John’s River in of traveling with her overseas, and I the House Armed Services Committee, Jacksonville and she announced her found her to be a wonderful person.

VerDate jul 14 2003 02:18 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.022 S03PT1 S1998 CONGRESSIONAL RECORD — SENATE March 3, 2005 Tillie Fowler had a sparkle in her eye, told her husband Buck last night, I Not too long ago we had an election and she had a warm way about her. We fought many battles with her. Of all in Georgia in which Max Cleland, a enjoyed her company. I think every- the people I was associated with in the former Senator, a triple amputee, was body who dealt with her respected House and in this body, there was no- portrayed as being soft on defense. He Tillie Fowler’s intelligence, her com- body I would rather have had in that was being portrayed as a coward when passion, and her serious interest in foxhole with me when I was fighting a it came to defending our country. He making good policy for the country. I battle than Tillie Fowler. She was a lost three limbs, two legs and an arm, respected her contribution to her State great lady who exemplified everything in the defense of his Nation. And they and to our country. My wife and I com- that is good about the Congress, and succeeded with these shameless tactics. mented many times after that trip she will be dearly missed. We see a continuation of that. It has what a delightful time we had with I yield the floor. to stop. Whenever they are short of Tillie Fowler. We express our condo- f ideas, they are long on insults, with lences to the family as well. shameless name-calling. MINORITY RIGHTS Mr. ALLARD. Mr. President, I join Yesterday, a group calling itself the my colleague from North Carolina in Mr. LAUTENBERG. Mr. President, Republican Jewish Coalition attacked expressing my condolences to the fam- on Tuesday morning just past, we had Senator BYRD over a historical ref- ily, and express how much I respected our usual Democratic Senate caucus erence he made on Hitler’s rise to Tillie Fowler. lunch. We discuss lots of things at power in Germany. It was not an anti- I had an opportunity to say hello to those lunch meetings. But we were all Semitic remark. I resent the fact they her a little over a week ago. She was so struck by an appeal from our dearly be- are raising that kind of an insinuation. happy and vibrant. Her sudden passing loved colleague Senator ROBERT C. I am proud of my America. I am proud was very much a shock to me. It re- BYRD, whom I consider a dear friend of of my citizenship and the duty I served minds all of us just how fragile life can long standing. I have been here over 20 my country with when I wore a uni- be. years. When he rose to encourage all of form and that I serve my country with I had an opportunity to get to know us to resist subverting existing Senate now. I am also proud of my Jewish her- Tillie Fowler when I served in the U.S. rules to bypass an important process itage. I resent it when any group steps House of Representatives with her. She which permitted the minority in the up to use the shameless insinuations was a wonderful person and highly re- Senate to challenge the Senate Repub- and challenges and insults being put spected in the House of Representa- lican majority to run roughshod over forward. tives. I do not recall one person in the the rights of the minority, to exercise Senator BYRD is known by everyone whole body, whether they opposed or longstanding rules that permitted in this Chamber and people who have supported her, who had cross words to them a voice, Senator BYRD pleaded served for many years past as a great say to Tillie Fowler. She was always with us, not as a Democrat, not as a historian. He uses lessons from history well prepared, always courteous, and partisan, but as citizens and Senators, to teach. On Tuesday just past, Sen- always somebody you admired when to fight to preserve the rights of a mi- ator BYRD at our luncheon issued a you served with her and got to know nority by being able to use a tactic stern warning before we do anything ir- her. called a filibuster as a means of protec- responsible such as changing long- I worked closely with her on a num- tion for the minority. standing Senate rules with this noto- ber of defense issues because that was We have to remember that in the re- rious nuclear option which says reduce her life’s love. I had a chance to get to cent elections for President, 57 million the numbers needed to object to some- know her more closely when we had an people voted for JOHN KERRY, and they thing the majority has proposed. issue in Colorado with the Air Force were a minority. This Senate decides That is the structure of democracy. Academy. As you may recall, when we to ignore those voices and concerns of Minority voices are to be heard. We say set up a commission, which she a minority of that size? it in our Constitution. We say it in our chaired, it was called the Fowler Com- The Senators who voted against clo- courtrooms. It does not matter where. mission. ture recently represented 19 million Senator BYRD’s warning came in the I reflect on the type of respect she more constituents than the majority. form of a lesson of history. He simply garnered from everybody who was Can that be constructed as a tyranny said that when you change the rules, around her. When we put her on that of the minority when the Senators who you change the laws to suit your con- commission, we knew she would do a were against cloture represented 19 venience, you are engaged in a tyr- good job. We named the commission million people more than the majority anny. As the saying goes, those who after her because of the respect we had who wanted cloture? Tyranny of the cannot remember the past are con- for her. It was a difficult task. She did minority. Outrageous. demned to repeat it. it with honor. She was very hard work- Senator BYRD pleaded with Members Senator BYRD talked about how a ing and pursued it vigorously. She did to remind our Republican colleagues threatened filibuster in this Senate de- a great job. that such a rules change could once be feated FDR’s plan to pack the Supreme I join my colleagues in expressing my at their expense, that their constitu- Court. We are talking about a Demo- condolences to the family, and express ents could be deprived of their appro- cratic President. That was an option how much we all loved her. We will priate rights to a voice in legislative or that was available according to the miss her. May God bless. executive matters. rules that the minority could use. Sen- Mr. CHAMBLISS. Mr. President, I I offer these comments as a prelude ator BYRD reminded the Senate the know I will be joined by the Presiding to remarks I am about to make. We other day how in Germany Adolf Hitler Officer in the shock and sadness that have seen some ugly personal attacks twisted the Reichstag to pass his ena- exists because of the loss of Tillie recently by the Republican Party bling act, the act that removed the ob- Fowler. against our Senate Democratic leader, structions that were blocking Hitler’s Tillie was a friend of mine long be- HARRY REID. He was called an obstruc- plans. It was a historical lesson we fore I ever got involved in politics. I tionist. He was referred to in sarcastic should pay attention to. But now, Sen- have lived in Georgia for 37 years. You and insulting terms, as well as our ator BYRD’s words are being twisted by can’t live in Georgia without knowing former majority leader, Senator ROB- this group. the Kidd family. Tillie grew up in ERT C. BYRD, and Democratic Party To show some of the shameless tac- Milledgeville, GA. Her dad, Culver chairman Howard Dean. tics they are using, look at this pic- Kidd, was a longtime State senator, The other side cannot beat us with ture. It shows masked men, obviously known as ‘‘the silver fox.’’ He was the strength of their ideas. They are suicide bombers, with a child strapped quite a gentlemen and quite a legend in resorting to the same tactics they used with explosives and suggesting that his own time in Georgia politics. against Senator Daschle—personal at- Democrats are responsible for this kind Tillie was a great mentor to me dur- tacks on family members and attacks of a condition. It is an outrage. We will ing my 8 years in the House, as I know on character. This is shameless behav- not stand silent when the Republican she was to the Presiding Officer. As I ior. National Committee encourages this

VerDate jul 14 2003 02:18 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.069 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S1999 kind of behavior. That is how they beat HONORING OUR ARMED FORCES with them. This fun-loving soul had a Max Cleland, and that is how they beat STAFF SERGEANT ERIC STEFFENEY special affinity for children and at fam- Senator Daschle. We are not going to Mr. GRASSLEY. Mr. President, I rise ily gatherings was often found with the let them win without telling the Amer- today to honor a soldier who has fallen youngest of the group, playing games ican people this is a shameful kind of in service to his country in Iraq. SSG and bringing smiles to everyone’s tactic. They have no scruples when Eric Steffeney of the 18th Ordnance faces. they do something like this. Company died on the 23rd of February In the Arkansas National Guard, SSG No one is suggesting the Republicans near Tuz, Iraq, when an undetected ex- Robbins worked full-time as adminis- are a disloyal party or that they have plosive detonated while he cleared the trative sergeant at the Guard’s armory a particular hate design to their asso- road of landmines. He was 28 years old in Beebe. Last year, he was one of only ciation. But when any group associated and is survived by his mother, Annette, about a dozen soldiers from the armory with the party suggests that suicide his father, Gary, his wife, Theresa, and mobilized for duty in Operation Iraqi bombers are something that Democrats their three children, Benjamin, Caitlin, Freedom. It would prove to be a bitter- encourage, to trifle with the loss of life and Dennis. sweet time for the Robbins family; just that occurred in Israel, and now we see Staff Sergeant Steffeney grew up in as the family welcomed home Wil- it in Baghdad—how do we feel about Waterloo, IA, where he attended West liam’s mother Janice, a major in the our soldiers serving so bravely and gal- High School. He graduated from high Army Reserves returning from a de- lantly in Iraq, losing their lives? How school early and enlisted in the Army ployment in Germany, they bid him do we feel about the Iraqis who lost when he was 17 years old. Initially farewell with prayers of a safe return. over 100 of their citizens in one day in serving as a paratrooper, Staff Ser- Staff Sergeant Robbins’ deployment a suicide bomb attack? We feel ter- geant Steffeney eventually joined the was the first in his 11-year service in rible. Army’s bomb squad because he thought the Arkansas National Guard. While in As a consequence, when something it would be more challenging. He was Iraq, he was attached to the 206th Field like this, something as scurrilous as finishing his second tour of duty when Artillery Battalion of the 39th Infantry this is used, we will condemn it. We are he was killed. Brigade, and was selected to work in a proud of Senator BYRD. He has served Staff Sergeant Steffeney was de- military advisory capacity with the this country nobly for many years. Did scribed as a quiet, loyal, and respon- Iraqi National Guard. As American we disagree with him on some things? sible man who was a good soldier and forces sought to transition more of Absolutely. We disagree with each an all-American boy. Indeed, it is the their security and stabilization respon- other on many occasions. That is what dedicated and courageous people such sibilities to the Iraqi people, SSG Rob- our responsibility is, to disagree when as SSG Eric Steffeney who embody the bins advised and trained these civilian we think something is wrong. ideals of this great country best and, volunteers on infantry tactics as well I hope this group will not continue through the way they lived and gave as the fundamental aspects of being a this insinuation that Democrats are their lives, keep her people standing soldier. disloyal, that Democrats would stand proud and strong. I ask all of my col- for suicide bombers who kill not only leagues to remember with pride and ap- Last fall, SSG Robbins took his mili- Israelis, who kill our soldiers. Is that preciation this soldier. I give my con- tary leave and was able to return home what they want to say about Demo- dolences to the family and friends of for a short time. It was a much-needed crats? Perhaps a look in the mirror by Staff Sergeant Steffeney who have felt reprieve from the dangers of Iraq and people at the top of the administration this loss most deeply. I offer my most offered him the opportunity to return to examine their own military service sincere gratitude and respect to SSG to the place he called home and spend and see if they were there to protect Eric Steffeney. This country is forever time with the people he cared for most. the rights of our people. indebted to him and his colleagues for It also offered him the opportunity to Use a tactic like this? It cannot the sacrifices they have made to up- explain to Tristan, who was simply too work, it shouldn’t work, and it won’t hold the ideals which we treasure most young to fully understand, why her fa- work. as Americans. ther had been away and when he would STAFF SERGEANT WILLIAM T. ROBBINS be back for good. As best he could, he f Mrs. LINCOLN. Mr. President, explained to her the circumstances of Today, I rise to honor the life of SSG his absence and even the possibility TRIBUTE TO MAX M. FISHER William Robbins. At home in Arkansas, that he may not return. He was once a Mr. LOTT. Mr. President, it was with he was, above all else, a loving family young man with a parent in the mili- a great deal of sadness that I learned man who devoted himself entirely to tary and could relate to the lack of today that one of the great patriots in his wife and his children. On the front comprehension children often have in America, a man from Illinois, Max lines of Operation Iraqi Freedom, he these situations. Relying on this per- Fisher, passed away. was a dedicated soldier who bravely spective, as well as the natural gift he Max Fisher has been a great Amer- fought to bring security and stability had always shown in relating to chil- ican statesman, a patriot, a public to a nation torn apart by war. dren, Tristan’s father was able to pro- servant, an entrepreneur, and commu- Staff Sergeant Robbins was born and vide her with some much needed com- nity leader. He lived in Michigan. He raised in the small, southern Missouri fort and understanding. has some Illinois roots also. He was town of Poplar Bluff. He spent his Along with many of the soldiers from born in 1908 to humble beginnings. He childhood, as many children do, play- the 39th, SSG Robbins’ mission was built a company that became SPEED- ing with his friends with whom he soon coming to an end and he was to WAY 76. He was the driving force be- shared a love for the outdoors. From an scheduled to return to Arkansas in late hind the revitalization of the city of early age, he knew he wanted to be a March or April. Upon his return, he Detroit, and he was a close adviser to soldier, and regardless of where he was was looking forward to a new job with four U.S. Presidents. or what he did, that thought was never the Arkansas National Guard at Camp I got to know him quite well during far from his mind. Robinson’s Regional Training Institute the 1990s. I was able to visit with him In 1990, he moved to Arkansas and in North Little Rock. Even more so, he personally. I got to know his family. I settled in the North Little Rock area. was looking forward to being reunited was so impressed with his commitment It was there he met the love of his life, with his family. When he spoke with to his family, his community, his peo- his future wife Kimberly, and together Kimberly, he reminded her how very ple, and his Nation. they would raise two beautiful daugh- much he loved her and couldn’t wait to He was a great American and a right- ters, 5-year-old Tristan Ellis, and Abi- come home. When he spoke with Tris- eous man. We have lost one of our gail, who was less than a year old. It tan, he told her how much he looked great patriots in America today. I was clear to those who knew him best forward to seeing her again so he could wanted to pay special tribute to Max that his family was his pride and joy take her in his arms and swing her like Fisher and his family on this occasion. and he cherished every minute he spent an airplane.

VerDate jul 14 2003 04:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.070 S03PT1 S2000 CONGRESSIONAL RECORD — SENATE March 3, 2005 Tragically, he passed away on Feb- Currently, more than 7,700 volunteers Mr. KOHL. Mr. President, I rise ruary 10 from a gunshot wound at his are answering the call to serve in 72 today to recognize the accomplish- home base at Camp Taji. While the loss countries around the world. It is a list ments of the Peace Corps during Na- for Kimberly and her family will be felt that is growing. In an historic agree- tional Peace Corps Week—February 28 deeply, they have found some solace ment focused on science and tech- through March 6. knowing that his last days were spent nology, the Peace Corps entered Mex- For 44 years, the Peace Corps has en- doing what he wanted to do, helping ico last year. And over 20 other coun- gaged in meaningful work and made in- people. In the days following his death, tries have expressed interest in estab- numerable contributions to both Amer- it was clear to his family the impact he lishing a partnership with the Peace ica and the countries served by Corps had on each of their lives. It was also Corps. members. Today, more than 2,700 Peace quickly apparent that although he was Peace Corps volunteers have made a Corps volunteers are working to train no longer with them, his presence 27-month commitment to serve over- men and women in 72 countries to pro- would always be felt; whether it was seas typically in undeveloped or rural vide for their own needs, as well as to the devotion and thoughtfulness evi- areas devoid of many modern neces- promote mutual understanding be- dent in the basket of chocolates and sities such as sanitation, transpor- tween Americans and other cultures. Valentine’s Day card he sent Kimberly tation, and electricity. They work to It gives me great pride to know that just before his death, the spirit em- achieve the first goal of the Peace the Peace Corps and the people of Wis- bodied in the eyes of Abigail who Corps: training and educating people consin have a strong relationship. turned 1 year old on February 23, or the around the world. Volunteers are serv- Right now, there are 289 Peace Corps courage that Tristan, thanks to her fa- ing as teachers, business advisors, in- volunteers from Wisconsin, including ther, has shown in trying to under- formation technology consultants, ag- 137 volunteers from the University of stand what has happened. They are ricultural workers, and as HIV/AIDS Wisconsin-Madison—more volunteers lasting examples of not only the re- educators. Today over 3,100 Peace than any other university in the Na- markable way he led his life, but more Corps volunteers are helping to imple- tion. The State of Wisconsin can also importantly, are a testament to the ment President Bush’s Emergency Plan be proud that the university served as kind of man he was. for AIDS Relief. a training ground for many groups My thoughts and prayers go out to Even as they work on their projects bound for service in the early years of the family and friends of William Rob- to help those in the countries they the Peace Corps. bins, and to all those who knew and serve, Peace Corps volunteers become To better illustrate the work that loved him. His 31 years with us were far America’s unofficial ‘‘ambassadors’’ of Wisconsinites do for the Peace Corps, I too short, but his legacy of love and goodwill, fulfilling the Peace Corps’ would like to share this story of great service to his Nation will remain with second goal of helping to promote a accomplishment. In August 2004, for us forever. better understanding of America. In the first time, the Peace Corps honored f the words of former U.S. Ambassador returned volunteers with an award rec- Tibor Nagy: ‘‘During my long overseas ognizing efforts to promote a better LOCAL LAW ENFORCEMENT service, I consistently met two cat- understanding by Americans of other ENHANCEMENT ACT OF 2005 egories of people who were highly fa- cultures. This award was presented to Mr. SMITH. Mr. President, I rise vorable toward our country: those who the Returned Peace Corps Volunteers today to speak about the need for hate had close contact with Peace Corps vol- of the University of Wisconsin-Madi- crimes legislation. Each Congress, Sen- unteers, and those who had studied in son. Since 1987, the group has raised ator KENNEDY and I introduce hate the U.S.’’ These kinds of public diplo- money by selling calendars with pic- crimes legislation that would add new macy efforts are more important today tures of Peace Corps experiences from categories to current hate crimes law, than ever. around the world. The money is used to sending a signal that violence of any What’s more, Peace Corps volunteers’ promote grassroots projects in coun- kind is unacceptable in our society. unofficial ‘‘ambassador’’ duties do not tries where the volunteers served. The Likewise, each Congress I have come to conclude when they return home to the group also works to raise awareness the floor to highlight a separate hate United States. Rather, they set about about the Peace Corps and participates crime that has occurred in our coun- completing the third goal of the Peace in charity events. try. Corps by promoting a better under- This story is both an inspiration and On October 2, 2004, Daniel Fetty was standing of other countries here in a call to further service. The $98,000 brutally beaten to death. Fetta, a 39- America. In this way, Peace Corps vol- that the Returned Peace Corp Volun- year-old deaf and gay man, was alleg- unteers give back much to their com- teers of Wisconsin-Madison donated edly struck repeatedly with bricks and munities here at home. over a 2-year period to the Peace Corps boards by three men in his home town As chairman of the Subcommittee on Partnership Program is a wonderful of Waverly, OH. His body was stripped Western Hemisphere, Peace Corps, and and meaningful achievement. It is my of all clothing and thrown into a dump- Narcotics Affairs, it is my desire to hope that other people in Wisconsin ster. It is believed that the motivation continue to assist in the growth of and throughout the United States will behind this brutal attack was the sex- Peace Corps, and the well-being of its view these returned volunteers as role ual orientation of the victim. volunteers. As the Peace Corps con- models. I believe that the Government’s first tinues to expand, I believe it is nec- In closing, I wish to thank the 171,000 duty is to defend its citizens, to defend essary to provide this agency the re- Americans who have served in the them against the harm that comes out sources it needs to continue to ensure Peace Corps since 1961 and extend spe- of hate. The Local Law Enforcement volunteer safety, productivity, and sat- cial recognition to the 4,409 Wisconsin- Enhancement Act is a symbol that can isfaction. And I applaud efforts by the ites counted among that number. The become substance. I believe that by Peace Corps to further diversity our work of the Peace Corps has made an passing this legislation and changing volunteers. extraordinarily valuable difference to current law, we can change hearts and It is my pleasure to recognize 223 so many people throughout the world. Minnesota volunteers who right now minds as well. f f are serving our Nation around the globe in countries from Albania to CELEBRATING WOMEN IN SCIENCE NATIONAL PEACE CORPS WEEK Uzbekistan. I would also like to recog- WEEK Mr. COLEMAN. Mr. President, this nize the over 5,000 returned Peace Mr. JOHNSON. Mr. President, it is week is National Peace Corps Week. It Corps volunteers who have already rep- with great honor that I rise today to is with great pleasure that I send my resented Minnesota and the United publicly recognize South Dakota’s congratulations to the Peace Corps vol- States abroad. Finally, I am happy to Women in Science Conference that is unteers serving throughout the world join with all past and present Peace taking place March 7–11, 2005. as we celebrate the Peace Corps’ 44th Corps volunteers as we celebrate Peace Hosted by the National Weather year of service. Corps Week 2005, February 28–March 6. Service, this conference introduces

VerDate jul 14 2003 04:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.071 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2001 junior and senior high school females Iraqi elections in January. The results that we should be able to make is that to the multitude of opportunities avail- exceeded our expectations, and I am in the majority of the country, Iraqi able to women in science- and math-re- hopeful it is evidence that Iraq is mov- security forces will take the lead in lated occupations. Studies indicate ing toward democracy. I wanted to add fighting the counterinsurgency. That is that, while females thrive in science my voice to the letter sent by Sec- our goal.’’ and mathematics in grade school, far retary of State Condoleezza Rice com- About the capabilities of the Iraqi se- too frequently female students lose in- mending IFES. Without the tremen- curity forces, General Abizaid said, ‘‘I terest in these subjects by the time dous work of our troops who provided think in 2005 they’ll take on the major- they reach graduation. As Kristine security at over 10,000 polling places ity of the tasks necessary to be done.’’ Thompson, a geologist and curator of around Iraq and the work of IFES, If the Iraqis make the significant the Mammoth Site’s In-Situ Bonebed these historic elections would not have progress this year that General Abizaid notes, ‘‘In the past, many girls and happened. I ask unanimous consent expects, it is perfectly logical to expect young women with an interest in that the letter from Secretary Rice to that a large number of American science and math often were redirected IFES President Richard Soudriette troops will be able to return home. to other fields. Although women ac- dated February 28, 2005, be printed in Our troops are clearly still needed to count for half of the work force, they the RECORD. deal with the insurgency. But there is constitute less than 20 percent of sci- There being no objection, the, mate- wide agreement that the presence of entists.’’ rial was ordered to be printed in the American troops is also fueling the in- Consequently, the National Oceanic RECORD, as follows: surgency and making it more difficult and Atmospheric Administration’s, THE SECRETARY OF STATE, to defeat. After the election, the administra- NOAA, National Weather Service fore- Washington, DC, February 28, 2005. tion announced that 15,000 American cast offices in Aberdeen, Rapid City, Mr. RICHARD SOUDRIETTE, troops added to provide security for the and Sioux Falls, in conjunction with President, International Foundation for Elec- tion Systems, Washington, DC. elections would return, and additional local and State agencies, schools, and DEAR MR. SOUDRIETTE: On behalf of the De- troops should be able to return this businesses, are cohosting Women in partment of State, I would like to offer my year. Doing so would clearly help take Science conferences throughout South thanks for the International Foundation for the American face off the occupation Dakota. These symposiums, created 5 Election Systems’ role in supporting the re- and send a clearer signal to the Iraqi years ago by the Aberdeen National cent elections in Iraq. On January 30 we saw people that we have no long-term de- Weather Service, are designed to foster millions of Iraqis brave intimidation and signs on their country. personal connections between accom- threats of death to demonstrate their com- mitment to democracy. We are heartened by In the February 28 edition of US plished professional women scientists this process for the future of vibrant, thriv- News and World Report, General and female students. The Women in ing democracy in Iraq. Abizaid emphasized this basic point. He Science Conference creates a unique The success of this first step in Iraq’s tran- said ‘‘An overbearing presence, or a forum where successful female scholars sition to democracy is due in no small part larger than acceptable footprint in the to your organization’s diligence and the and professionals meet and hopefully region, works against you . . . The first inspire young women to continue de- dedication of your highly skilled staff. IFES’s guidance on election regulations and thing you say to yourself is that you veloping and cultivating their interests operations, complaints adjudication, and have to have the local people help in the natural and physical sciences. public information not only helped to ensure themselves.’’ To demonstrate the significance of transparency but also served to buoy con- Deputy Secretary Wolfowitz made these events, Governor Mike Rounds, fidence that these historic elections were in- the same point in a hearing at the Sen- by Executive Proclamation, declared deed credible and transparent. Additionally, ate Armed Services Committee on Feb- this week ‘‘Women in Science Week in IFES’s continuing role in building the Inde- ruary 3. He said, ‘‘I have talked to pendent Electoral Commission of Iraq’s ca- South Dakota.’’ some of our commanders in the area. Among the notable guests featured pacity for future electoral events will but- tress Iraq’s evolving democratic institutions. They believe that over the course of throughout the week is keynote speak- Thank you again for your great contribu- the next six months you will see whole er Karen Stoos. Karen is a native of tion to the future of Iraq. Together, we will areas of Iraq successfully handed over Hoven, SD, and is currently a biologist help the Iraqi people realize their dream of to the Iraqi army and Iraqi police.’’ at the Genetics and Molecular Biology living in a free and democratic society. Before the election, the administra- Branch of the National Human Genome Sincerely, tion repeatedly stated that 14 of the 18 Research Institute in Bethesda, MD. CONDOLEEZZA RICE. provinces in Iraq are safe. We heard a Other presenters’ areas of expertise f similar view in a briefing from Ambas- span the fields of geology, animal ADDITIONAL STATEMENTS sador Negroponte. science, engineering, medicine, and me- If some areas can be turned over to trology. Additionally, the National the Iraqis in the next 6 months, as Sec- Aeronautics and Space Administration, CASUALTIES IN IRAQ retary Wolfowitz indicated, it should the National Weather Service, and the ∑ Mr. KENNEDY. Mr. President, 1,500 be done. It would be a powerful signal Girl Scouts will have exhibits and rep- American service men and women have to the Iraqi people that the United resentatives in attendance. More than been killed in Iraq, and more than States is not planning a permanent oc- 1,000 seventh through twelfth-grade 11,000 have been wounded. cupation of their country. If entire students and teachers are already reg- We were all moved by the Iraqi elec- areas are being turned over to the istered to attend. tions last month. I and all Americans Iraqis, we should be able to bring many I am proud to have the opportunity support the creation of a legitimate, American troops home. to share with my colleagues this excit- functioning Iraq Government that The road ahead will be difficult be- ing and significant series of events, and guarantees the rights of all Iraqis. We cause the violence is far from ended. I am very pleased that the conference’s all want democracy in Iraq to take Sixty-six Americans soldiers have been efforts are being publicly honored and root firmly and irrevocably. killed in the 31 days since the election celebrated. I strongly commend the But we also want to know when we an average of two a day. But the elec- hard work and dedication of the Na- will have achieved our mission in Iraq tion has produced new hope, and the tional Weather Service and all of the and when our 135,000 soldiers will be Iraqi people are now forming the Tran- sponsors of the Women in Science Con- able to return home with dignity and sitional Government that will write a ference, as their contributions will honor. new constitution for the country and positively impact the lives of so many At a March 1 hearing in the Senate hold elections next December for the young women in South Dakota. Armed Services Committee, General permanent new government that will f Abizaid, the leader of the Central Com- lead their new democracy. mand, gave the clearest indication so We all hope for success in Iraq, and COMMENDING IFES far about when our mission might end. appropriate withdrawals of our forces Mr. SALAZAR. Mr. President, we are General Abizaid said, ‘‘I believe that can clearly be an important factor in all very impressed by the results of the in 2005, the most important statement achieving that success.

VerDate jul 14 2003 04:42 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.074 S03PT1 S2002 CONGRESSIONAL RECORD — SENATE March 3, 2005 The President’s commitment to H.R. 27. An act to enhance the workforce EC–1186. A communication from the Acting keeping American troops in Iraq as investment system of the Nation by Chief, Publications and Regulation Branch, long as it takes and not a day longer is strengthening one-stop career centers, pro- Internal Revenue Service, Department of the not enough for our soldiers and their viding for more effective governance ar- Treasury, transmitting, pursuant to law, the loved ones. They deserve a clearer indi- rangements, promoting access to a more report of a rule entitled ‘‘Tax-Exempt Leas- comprehensive array of employment, train- ing Involving Defeasance’’ (Notice 2005–13) cation of what lies ahead, and so do the ing, and related services, establishing a tar- received on March 1, 2005; to the Committee American people. General Abizaid has geted approach to serving youth, and im- on Finance. begun to provide clarification of that proving performance accountability, and for EC–1187. A communication from the Acting very important issue, and I hope the other purposes; to the Committee on Health, Chief, Publications and Regulation Branch, President will as well.∑ Education, Labor, and Pensions. Internal Revenue Service, Department of the f H.R. 912. An act to ensure the protection of Treasury, transmitting, pursuant to law, the beneficiaries of United States humanitarian report of a rule entitled ‘‘Modification of HARLEY-DAVIDSON KANSAS CITY assistance; to the Committee on Foreign Re- Check the Box’’ (TD 9183) received on March ASSEMBLY PLANT lations. 1, 2005; to the Committee on Finance. EC–1188. A communication from the Chair- ∑ Mr. TALENT. Mr. President, I rise f man, Medicare Payment Advisory Commis- today to pay tribute to the workers at EXECUTIVE AND OTHER sion, transmitting, pursuant to law, the Harley-Davidson’s Kansas City Assem- COMMUNICATIONS Commission’s March 2005 report entitled bly Plant for their hard work and to sa- ‘‘Medicare Payment Policy’’; to the Com- lute Harley-Davidson for all of the The following communications were mittee on Finance. great things they have done for the laid before the Senate, together with EC–1189. A message from the President of State of Missouri since locating the accompanying papers, reports, and doc- the United States, transmitting, pursuant to plant here just a few years ago. uments, and were referred as indicated: law, the 2005 National Drug Control Strat- Harley-Davidson is the oldest and EC–1178. A communication from the Chief, egy; to the Committee on the Judiciary. largest motorcycle manufacturer in Regulations Branch, Customs and Border f the U.S. The Kansas City plant, one of Protection, Department of Homeland Secu- PETITIONS AND MEMORIALS only two Harley-Davidson final assem- rity, transmitting, pursuant to law, the re- bly plants in the country, produces the port of a rule entitled ‘‘United States—Chile The following petitions and memo- Sportster, the Dyna Glide, and the V- Free Trade Agreement’’ (RIN1505–AB47) re- rials were laid before the Senate and Rod, and ships those motorcycles all ceived on March 1, 2005; to the Committee on were referred or ordered to lie on the Finance. table as indicated: over the world. The plant, which em- EC–1179. A communication from the Acting ploys over 900 people, opened in 1998, Chief, Publications and Regulation Branch, POM–28. A resolution adopted by the Leg- and has achieved its intended goal of Internal Revenue Service, Department of the islative Research Commission of the Com- significantly increasing Harley- Treasury, transmitting, pursuant to law, the monwealth of Kentucky relating to tobacco Davidson’s production capacity and report of a rule entitled ‘‘Tsunami Relief’’ growers selling their excess 2004 crop; to the productivity. (Notice 2005–23) received on March 1, 2005; to Committee on Agriculture, Nutrition, and Every September, the plant hosts an the Committee on Finance. Forestry. open house for Platte County residents EC–1180. A communication from the Acting RESOLUTION and Harley enthusiasts from across the Chief, Publications and Regulation Branch, Whereas on October 22, 2004, the President country to tour the plant and learn Internal Revenue Service, Department of the signed into law the Fair and Equitable To- about how motorcycles are built. Best Treasury, transmitting, pursuant to law, the bacco Reform Act of 2004; and report of a rule entitled ‘‘Qualified Interest’’ of all, anyone with a motorcycle li- Whereas the tobacco quota buyout legisla- (TD 9181) received on March 1, 2005; to the tion represents the most significant change cense can take the opportunity to test Committee on Finance. in the tobacco production program since the ride a brand new Harley. EC–1181. A communication from the Acting 1930s; and Harley-Davidson’s contributions to Chief, Publications and Regulation Branch, Whereas the buyout means there will be no the Kansas City area are important to Internal Revenue Service, Department of the constraints on who can produce tobacco, job creation and sustaining economic Treasury, transmitting, pursuant to law, the where it is grown, how much can be mar- growth, and Missourians are proud to report of a rule entitled ‘‘Reorganizations keted, and what the price may be; and have such an iconic symbol of the under Section 368(a)(1)(E) and 368(a)(1)(F)’’ Whereas the tobacco production system American spirit located in our State. I (TD 9182) received on March 1, 2005; to the will shift to contracting directly with to- am honored to share their accomplish- Committee on Finance. bacco companies; and EC–1182. A communication from the Acting ments with you today, and I wish the Whereas many quota owners and growers Chief, Publications and Regulation Branch, may decide to quit tobacco production alto- workers at the Kansas City Plant suc- Internal Revenue Service, Department of the gether; and cess in their future endeavors.∑ Treasury, transmitting, pursuant to law, the Whereas some growers may have excess to- f report of a rule entitled ‘‘REMIC TEFRA Ap- bacco remaining from their 2004 crop, but, plicability’’ (TD 9184) received on March 1, because of federal laws and regulations, can- MESSAGE FROM THE HOUSE 2005; to the Committee on Finance. not sell it; and At 1:54 p.m., a message from the EC–1183. A communication from the Acting Whereas at least one large tobacco com- House of Representatives, delivered by Chief, Publications and Regulation Branch, pany has indicated it will not accept carry- Ms. Niland, one of its reading clerks, Internal Revenue Service, Department of the over tobacco, or tobacco produced and har- announced that the House has passed Treasury, transmitting, pursuant to law, the vested in a prior crop year; and the following bills, in which it requests report of a rule entitled ‘‘Uniform Capital- Whereas it is important that tobacco grow- ization of Interest Expense in Safe Harbor ers be able to sell all their 2004 leaf crop: the concurrence of the Senate: Sale and Leaseback Transactions’’ (TD 9179) Now, therefore, be it Resolved by the House H.R. 27. An act to enhance the workforce received on March 1, 2005; to the Committee Agriculture and Small Business Committee investment system of the Nation by on Finance. of the Kentucky General Assembly: strengthening one-stop career centers, pro- EC–1184. A communication from the Acting Section 1. The Agriculture and Small Busi- viding for more effective governance ar- Chief, Publications and Regulation Branch, ness Committee strongly urges the United rangements, promoting access to a more Internal Revenue Service, Department of the States Congress and the United States De- comprehensive array of employment, train- Treasury, transmitting, pursuant to law, the partment of Agriculture take the necessary ing, and related services, establishing a tar- report of a rule entitled ‘‘Adjustment to Net steps to allow tobacco producers to sell the geted approach to serving youth, and im- Unrealized Built-in Gain’’ (TD 9180) received excess tobacco from their 2004 crop. proving performance accountability, and for on March 1, 2005; to the Committee on Fi- Secion 2. Copies of this resolution shall be other purposes. nance. transmitted to the President of the United H.R. 912. An act to ensure the protection of EC–1185. A communication from the Acting States Senate, the Speaker of the United beneficiaries of United States humanitarian Chief, Publications and Regulation Branch, States House of Representatives, to each assistance. Internal Revenue Service, Department of the member of the Commonwealth’s delegation f Treasury, transmitting, pursuant to law, the to the Congress of the United States, and to MEASURES REFERRED report of a rule entitled ‘‘Bureau of Labor the Secretary of the U.S. Department of Ag- Statistics Price Indexes for Department riculture. The following bills were read the first Stores—December 2004’’ (Rev. Rul. 2005–12) and the second times by unanimous received on March 1, 2005; to the Committee POM–29. A resolution adopted by the Sen- consent, and referred as indicated: on Finance. ate of the Commonwealth of Pennsylvania

VerDate jul 14 2003 02:33 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.076 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2003 relative to the Medal of Honor; to the Com- abundant and low-cost energy source, while INTRODUCTION OF BILLS AND mittee on Armed Services. improving our nation’s air quality: Now, JOINT RESOLUTIONS SENATE RESOLUTION 5 therefore be it Whereas United States Army and Depart- Resolved, That we, the members of the Sen- The following bills and joint resolu- ment of Defense officials are reviewing a rec- ate of the 126th General Assembly of the tions were introduced, read the first ommendation to upgrade Major Winters’ Dis- State of Ohio, urge the Congress of the and second times by unanimous con- tinguished Service Cross to the Medal of United States to enact the Clear Skies Act of sent, and referred as indicated: 2005 in order to improve our nation’s air Honor; and By Mr. NELSON of Florida: quality and ensure our nation’s economic Whereas Major Winters was originally S. 500. A bill to regulate information bro- stability; and be it further nominated for the Medal of Honor by Colonel kers and protect individual rights with re- Robert F. Sink, commander of the 506th Resolved, That the Clerk of the Senate transmit duly authenticated copies of this spect to personally identifiable information; Regiment, for heroic actions on June 6, 1944, to the Committee on Commerce, Science, during the Allied invasion of Normandy, resolution to the President of the United States, the President Pro Tempore and Sec- and Transportation. France, as 1st Lieutenant, Acting Com- By Ms. COLLINS (for herself, Ms. manding Officer of E Company, 2nd Bat- retary of the United States Senate, the LANDRIEU, Mrs. DOLE, Ms. MIKULSKI, talion, 506th Parachute Infantry Regiment, Speaker and Clerk of the United States Mrs. HUTCHISON, Mrs. BOXER, Ms. 101st Airborne Division, VII corps; and House of Representatives, the members of SNOWE, Ms. CANTWELL, Ms. MUR- Whereas Major Winters’ extraordinary the Ohio Congressional delegation, and the KOWSKI, Mrs. CLINTON, Mrs. FEIN- planning, fighting and commanding on that news media of Ohio. day 60 years ago in Nazi-occupied Normandy STEIN, Mrs. LINCOLN, Mrs. MURRAY, during his regiment’s first combat operation POM–31. A resolution adopted by the Sen- Ms. STABENOW, Mr. VOINOVICH, Mr. saved countless lives and expedited the Al- ate of the Commonwealth of Pennsylvania AKAKA, Mr. BENNETT, Mr. DURBIN, lied inland advance; and relative to the Republic of Poland; to the Mr. LAUTENBERG, Mr. SARBANES, and Whereas With his company outnumbered Committee on the Judiciary. Mr. PRYOR): S. 501. A bill to provide a site for the Na- by German soldiers, Major Winters destroyed SENATE RESOLUTION 25 German guns at Brecourt Manor and secured tional Women’s History Museum in the Dis- Whereas the Republic of Poland is a free, causeways for troops coming off Utah Beach; trict of Columbia; to the Committee on democratic and independent nation; and and Homeland Security and Governmental Af- Whereas Major Winters’ battle plan for a Whereas in 1999 the United States and the fairs. small-unit assault on German artillery has Republic of Poland became formal allies By Mr. COLEMAN (for himself, Mr. been taught at the United States Military when Poland was granted membership in the PRYOR, Mr. DEWINE, and Mr. Academy at West Point; and North Atlantic Treaty Organization; and GRAHAM): Whereas Major Winters accomplished a Whereas the Republic of Poland has proven S. 502. A bill to revitalize rural America hazardous mission with valor, inspired his to be an indispensable ally in the global and rebuild main street, and for other pur- service colleagues through example and ef- campaign against terrorism; and poses; to the Committee on Finance. fectively organized his company into support Whereas the Republic of Poland has ac- By Mr. BOND (for himself, Mr. TALENT, tively participated in Operation Iraqi Free- and assault teams on the day of invasion in and Mr. DEWINE): the campaign for European liberation during dom and the Iraqi reconstruction, shedding S. 503. A bill to expand Parents as Teachers World War II: Therefore, be it blood along with American soldiers; and programs and other quality programs of Resolved, That the Senate of the Common- Whereas the President of the United States early childhood home visitation, and for wealth of Pennsylvania urge the Congress of and other high-ranking officials have de- other purposes; to the Committee on Health, the United States to award the Medal of scribed the Republic of Poland as ‘‘one of our Education, Labor, and Pensions. closest friends’’; and Honor to Major Richard D. Winters without By Mr. HAGEL (for himself, Mr. DUR- Whereas on April 15, 1991, the Republic of further delay; and be it further BIN, Ms. CANTWELL, Mr. LAUTENBERG, Resolved, That a copy of this resolution be Poland unilaterally repealed the visa obliga- and Mrs. MURRAY): transmitted to the presiding officers of each tion to United States citizens traveling to S. 504. A bill to amend the Public Health house of Congress and to each member of Poland; and Service Act to establish a scholarship and Congress from Pennsylvania. Whereas the United States Department of State Visa Waiver Program currently allows loan repayment program for public health POM–30. A resolution adopted by the Gen- approximately 23 million citizens from 27 preparedness workforce development to eral Assembly of the State of Ohio relative countries to travel to the United States for eliminate critical public health preparedness to the Clear Skies Act of 2005; to the Com- tourism or business for up to 90 days without workforce shortages in Federal, State, local, mittee on Environment and Public Works. having to obtain visas for entry; and and tribal public health agencies; to the Committee on Health, Education, Labor, and SENATE RESOLUTION 20 Whereas the countries that currently par- ticipate in the Visa Waiver Program include Pensions. Whereas although the nation’s air quality By Mr. KYL (for himself and Mr. has improved significantly since the early Andorra, Australia, Austria, Belgium, Brueni, Denmark, Finland, France, Ger- MCCAIN): 1970’s, pollutants such as sulfur dioxide, ni- S. 505. A bill to amend the Yuma Crossing trogen oxide, and mercury continue at levels many, Iceland, Ireland, Italy, Japan, Liech- tenstein, Luxembourg, Monaco, the Nether- National Heritage Area Act of 2000 to adjust that cause environmental and public health the boundary of the Yuma Crossing National concerns. Because of those concerns, the lands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Heritage Area; to the Committee on Energy United States Environmental Protection and Natural Resources. Agency has established stricter National Switzerland and the United Kingdom; and By Mr. HAGEL (for himself, Mr. DUR- Ambient Air Quality Standards, most re- Whereas it is appropriate that the Republic BIN, Ms. CANTWELL, Mr. LAUTENBERG, cently for ozone and particulate matter; and of Poland be made eligible for the United Whereas currently, 474 counties, including States Department of State Visa Waiver Pro- and Mrs. MURRAY): 33 in Ohio, are in nonattainment with the gram: Therefore be it S. 506. A bill to amend the Public Health ozone standard and 224 counties, including 32 Resolved, That the Senate of the Common- Service Act to establish a scholarship and in Ohio, are in nonattainment with the par- wealth of Pennsylvania urge the President loan repayment program for public health ticulate matter standard. Nonattainment and Congress of the United States to make preparedness workforce development to designations place a significant burden on the Republic of Poland eligible for the eliminate critical public health preparedness state and local governments, which must de- United States Department of State Visa workforce shortages in Federal, State, local, velop plans to reduce emissions and come Waiver Program; and be it further and tribal public health agencies; to the into attainment by a specific date; and Resolved, That copies of this resolution be Committee on Health, Education, Labor, and Whereas in order to ensure that the states transmitted to the President of the United Pensions. have the most effective means of attaining States, to the presiding officers of each By Mr. DEWINE (for himself, Mr. the new standards, the Clear Skies Act of house of Congress, to all members of the LEVIN, Ms. STABENOW, Mr. REED, and 2005 (S. 131) has been introduced in the Pennsylvania Congressional Delegation and Mr. VOINOVICH): United States Senate. This legislation not to Przemyslaw Grudzinski, Ambassador of S. 507. A bill to establish the National only is based on the successful Acid Rain the Republic of Poland to the United States. Invasive Species Council, and for other pur- Programs, it also incorporates a multi-emis- poses; to the Committee on Environment and sions approach that takes advantage of the POM–32. A resolution adopted by the Na- Public Works. benefits that would result from controlling tional Conference of Insurance Legislators By Mr. DEWINE (for himself, Mr. multiple pollutants at the same time; and relative to the Long-Term Care Partnership LEVIN, Ms. STABENOW, Mr. LUGAR, Whereas the Clear Skies Act balances envi- Program Act of 2004; to the Committee on Mr. BAYH, Mr. DAYTON, and Mr. ronmental, energy, and economic needs. For Finance. KOHL): example, it requires power plants to reduce POM–33. A resolution adopted by the Coun- S. 508. A bill to provide for the environ- emissions of sulfur dioxide, nitrogen oxide, cil of the City of Parma, Ohio relative to the mental restoration of the Great Lakes; to and mercury by 70% by 2018 and allows the Pell Grant Program; to the Committee on the Committee on Environment and Public nation to continue burning coal, our most Health, Education, Labor, and Pensions. Works.

VerDate jul 14 2003 04:42 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.037 S03PT1 S2004 CONGRESSIONAL RECORD — SENATE March 3, 2005 By Mrs. FEINSTEIN (for herself, Mr. By Mr. SHELBY (for himself, Mr. By Mr. LUGAR: LEVIN, Mr. WYDEN, Mr. HARKIN, and BROWNBACK, and Mr. BURR): S. Res. 69. A resolution expressing the Ms. CANTWELL): S. 520. A bill to limit the jurisdiction of sense of the Senate about the actions of Rus- S. 509. A bill to improve the operation of Federal courts in certain cases and promote sia regarding Georgia and Moldova; to the energy markets; to the Committee on Agri- federalism; to the Committee on the Judici- Committee on Foreign Relations. culture, Nutrition, and Forestry. ary. By Mr. FRIST (for himself, Mr. By Mr. WYDEN (for himself and Mr. By Mrs. HUTCHISON (for herself, Mr. CORZINE, Mr. MCCONNELL, Mr. KEN- TALENT): KENNEDY, Mr. CORNYN, and Mr. SCHU- NEDY, Mr. ALLEN, Mr. REID, and Mr. S. 510. A bill to reduce and eliminate elec- MER): ALEXANDER): tronic waste through recycling; to the Com- S. 521. A bill to amend the Public Health S. Res. 70. A resolution commemorating mittee on Finance. Service Act to direct the Secretary of Health the 40th anniversary of Bloody Sunday; con- By Mr. DEMINT (for himself, Mr. and Human Services to establish, promote, sidered and agreed to. ALLEN, Mr. BROWNBACK, Mr. COBURN, and support a comprehensive prevention, re- By Mr. CRAIG (for himself, Mrs. FEIN- Mr. ENSIGN, Mr. ENZI, Mr. INHOFE, search, and medical management referral STEIN, Mr. DEWINE, Mr. LIEBERMAN, Mr. SANTORUM, and Mr. VITTER): program for hepatitis C virus infection; to Mr. COCHRAN, Mr. JOHNSON, Mr. S. 511. A bill to provide that the approved the Committee on Health, Education, Labor, HATCH, Mr. KOHL, Ms. MURKOWSKI, application under the Federal Food, Drug, and Pensions. Mrs. BOXER, Mr. INHOFE, Ms. and Cosmetic Act for the drug commonly By Mr. KERRY: LANDRIEU, Mr. FEINGOLD, Mr. INOUYE, known as RU-486 is deemed to have been S. 522. A bill for the relief of Obain Mrs. LINCOLN, and Ms. MIKULSKI): withdrawn, to provide for the review by the Attouoman; to the Committee on the Judici- S. Res. 71. A resolution designating the Comptroller General of the United States of ary. week beginning March 13, 2005 as ‘‘National the process by which the Food and Drug Ad- By Mr. SALAZAR: Safe Place Week’’; to the Committee on the ministration approved such drug, and for S. 523. A bill to amend title 10, United Judiciary. other purposes; to the Committee on Health, States Code, to rename the death gratuity f Education, Labor, and Pensions. payable for deaths of members of the Armed By Mr. SANTORUM (for himself, Mr. Forces as fallen hero compensation, and for ADDITIONAL COSPONSORS ROCKEFELLER, and Mr. REED): other purposes; to the Committee on Armed S. 512. A bill to amend the Internal Rev- Services. S. 6 enue Code of 1986 to classify automatic fire By Mrs. FEINSTEIN (for herself and At the request of Mr. SANTORUM, the sprinkler systems as 5-year property for pur- Mr. SESSIONS): name of the Senator from Utah (Mr. poses of depreciation; to the Committee on S. 524. A bill to strengthen the con- HATCH) was added as a cosponsor of S. Finance. sequences of the fraudulent use of United 6, a bill to amend the Internal Revenue By Mr. GREGG (for himself, Mr. KEN- States or foreign passports and other immi- Code of 1986 to provide permanent fam- NEDY, Ms. MIKULSKI, Mr. HARKIN, Mr. gration documents; to the Committee on the ily tax relief, to reauthorize and im- BINGAMAN, Mr. REED, Mrs. MURRAY, Judiciary. Mrs. LINCOLN, Mr. KERRY, and Mr. By Mr. ALEXANDER (for himself, Mr. prove the program of block grants to DURBIN): DODD, Mr. ENZI, Mr. KENNEDY, Mr. States for temporary assistance for S. 513. A bill to provide collective bar- HATCH, and Mr. ROBERTS): needy families and to improve access gaining rights for public safety officers em- S. 525. A bill to amend the Child Care and to quality child care, and to provide in- ployed by States or their political subdivi- Development Block Grant Act of 1990 to re- centives for charitable contributions sions; to the Committee on Health, Edu- authorize the Act, to improve early learning by individuals and businesses, to im- cation, Labor, and Pensions. opportunities and promote school prepared- prove the public disclosure of activities By Mr. BYRD: ness, and for other purposes; to the Com- of exempt organizations, and to en- S. 514. A bill to complete construction of mittee on Health, Education, Labor, and the 13-State Appalachian development high- Pensions. hance the ability of low-income Ameri- way system, and for other purposes; to the By Mr. REED (for himself, Mr. DODD, cans to gain financial security by Committee on Environment and Public Mr. KENNEDY, and Mrs. MURRAY): building assets, and for other purposes. Works. S. 526. A bill to amend the Child Care and S. 39 By Mr. BYRD: Development Block Grant Act of 1990 to pro- At the request of Mr. STEVENS, the S. 515. A bill to amend title 32, United vide incentive grants to improve the quality States Code, to increase the maximum Fed- of child care; to the Committee on Health, name of the Senator from Washington eral share of the costs of State programs Education, Labor, and Pensions. (Ms. CANTWELL) was added as a cospon- under the National Guard Youth Challenge By Mr. LAUTENBERG (for himself, sor of S. 39, a bill to establish a coordi- Program, and for other purposes; to the Mr. CORZINE, Mr. SCHUMER, and Mrs. nated national ocean exploration pro- Committee on Armed Services. CLINTON): gram within the National Oceanic and By Mr. MCCAIN (for himself and Mr. S. 527. A bill to protect the Nation’s law Atmospheric Administration . LIEBERMAN): enforcement officers by banning the Five- S. 132 S. 516. A bill to advance and strengthen de- seveN Pistol and 5.7 x 28mm SS190 and SS192 mocracy globally through peaceful means cartridges, testing handguns and ammuni- At the request of Mrs. LINCOLN, the and to assist foreign countries to implement tion for capability to penetrate body armor, name of the Senator from Arkansas democratic forms of government, to and prohibiting the manufacture, importa- (Mr. PRYOR) was added as a cosponsor strengthen respect for individual freedom, tion, sale, or purchase of such handguns or of S. 132, a bill to amend the Internal religious freedom, and human rights in for- ammunition by civilians; to the Committee Revenue Code of 1986 to allow a deduc- eign countries through increased United on the Judiciary. States advocacy, to strengthen alliances of tion for premiums on mortgage insur- By Mr. HARKIN (for himself and Mr. ance. democratic countries, to increase funding for SMITH): programs of nongovernmental organizations, S. 528. A bill to authorize the Secretary of S. 256 individuals, and private groups that promote Health and Human Services to provide At the request of Mr. HAGEL, his democracy, and for other purposes; to the grants to States to conduct demonstration name was added as a cosponsor of S. Committee on Foreign Relations. projects that are designed to enable med- 256, a bill to amend title 11 of the By Mrs. HUTCHISON: icaid-eligible individuals to receive support S. 517. A bill to establish a Weather Modi- United States Code, and for other pur- for appropriate and necessary long-term poses. fication Operations and Research Board, and services in the settings of their choice; to for other purposes; to the Committee on the Committee on Finance. S. 285 Commerce, Science, and Transportation. By Mr. GRASSLEY (for himself, Mr. At the request of Mr. BOND, the By Mr. SESSIONS (for himself, Mr. BIDEN, Mr. MCCAIN, and Mr. STE- names of the Senator from Massachu- DURBIN, Mr. KENNEDY, and Mr. DODD): VENS): setts (Mr. KERRY) and the Senator from S. 518. A bill to provide for the establish- S. 529. A bill to designate a United States New Mexico (Mr. BINGAMAN) were ment of a controlled substance monitoring Anti-Doping Agency; to the Committee on program in each State; to the Committee on Commerce, Science, and Transportation. added as cosponsors of S. 285, a bill to Health, Education, Labor, and Pensions. reauthorize the Children’s Hospitals By Mrs. HUTCHISON: f Graduate Medical Education Program. S. 519. A bill to amend the Lower Rio SUBMISSION OF CONCURRENT AND S. 333 Grande Valley Water Resources Conserva- SENATE RESOLUTIONS tion and Improvement Act of 2000 to author- At the request of Mr. SANTORUM, the ize additional projects and activities under The following concurrent resolutions name of the Senator from Nevada (Mr. that Act, and for other purposes; to the Com- and Senate resolutions were read, and ENSIGN) was added as a cosponsor of S. mittee on Energy and Natural Resources. referred (or acted upon), as indicated: 333, a bill to hold the current regime in

VerDate jul 14 2003 02:33 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.040 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2005 Iran accountable for its threatening be- businesses with respect to medical care KULSKI, Mrs. HUTCHISON, Mrs. havior and to support a transition to for their employees. BOXER, Ms. SNOWE, Ms. CANT- democracy in Iran. S. 410 WELL, Ms. MURKOWSKI, Mrs. S. 359 At the request of Mr. MCCAIN, the CLINTON, Mrs. FEINSTEIN, Mrs. At the request of Mr. CRAIG, the name of the Senator from Ohio (Mr. LINCOLN, Mrs. MURRAY, Ms. names of the Senator from Maryland DEWINE) was added as a cosponsor of S. STABENOW, Mr. VOINOVICH, Mr. (Mr. SARBANES), the Senator from 410, a bill to authorize the extension of AKAKA, Mr. BENNETT, Mr. DUR- Delaware (Mr. BIDEN) and the Senator nondiscriminatory treatment (normal BIN, Mr. LAUTENBERG, Mr. SAR- from Minnesota (Mr. DAYTON) were trade relations treatment) to the prod- BANES, and Mr. PRYOR): added as cosponsors of S. 359, a bill to ucts of Ukraine. S. 501. A bill to provide a site for the provide for the adjustment of status of S. 414 National Women’s History Museum in certain foreign agricultural workers, to At the request of Mr. MCCONNELL, the District of Columbia; to the Com- amend the Immigration and Nation- the name of the Senator from Mis- mittee on Homeland Security and Gov- ality Act to reform the H–2A worker sissippi (Mr. COCHRAN) was added as a ernmental Affairs. program under that Act, to provide a cosponsor of S. 414, a bill to amend the Ms. COLLINS. Mr. President, today I stable, legal agricultural workforce, to Help America Vote Act of 2002 to pro- am introducing the National Women’s extend basic legal protections and bet- tect the right of Americans to vote History Museum Act of 2005. I appre- ter working conditions to more work- through the prevention of voter fraud, ciate the support of my colleagues who ers, and for other purposes. and for other purposes. have helped in this important effort S. 420 and who have agreed to be cosponsors, S. 360 At the request of Mr. KYL, the name including Senators LANDRIEU, DOLE, At the request of Ms. SNOWE, the of the Senator from Idaho (Mr. CRAPO) MIKULSKI, HUTCHISON, BOXER, SNOWE, names of the Senator from Michigan was added as a cosponsor of S. 420, a CANTWELL, MURKOWSKI, CLINTON, FEIN- (Mr. LEVIN) and the Senator from Ohio bill to make the repeal of the estate STEIN, LINCOLN, MURRAY, STABENOW, (Mr. DEWINE) were added as cosponsors tax permanent. VOINOVICH, AKAKA, BENNETT, DURBIN, of S. 360, a bill to amend the Coastal S. 424 LAUTENBERG, SARBANES, and PRYOR. I Zone Management Act. At the request of Mr. BOND, the introduced this bill last Congress, and S. 370 names of the Senator from Indiana it passed the Senate unanimously. At the request of Mr. LOTT, the name (Mr. BAYH) and the Senator from Mis- The need to establish a museum rec- of the Senator from Arizona (Mr. KYL) sissippi (Mr. COCHRAN) were added as ognizing the contributions of American was added as a cosponsor of S. 370, a cosponsors of S. 424, a bill to amend the women is clear. There is currently no bill to preserve and protect the free Public Health Service Act to provide national institution in the Washington, choice of individual employees to form, for arthritis research and public D.C. area that is dedicated to the leg- join, or assist labor organizations, or health, and for other purposes. acy of women’s contributions through- to refrain from such activities. S. 438 out our country’s history. Sadly, fewer S. 380 At the request of Mr. ENSIGN, the than 5 percent of the Nation’s 2,200 Na- At the request of Ms. COLLINS, the name of the Senator from Pennsyl- tional Historic Landmarks are dedi- name of the Senator from Connecticut vania (Mr. SPECTER) was added as a co- cated to women, a troubling fact given (Mr. DODD) was added as a cosponsor of sponsor of S. 438, a bill to amend title the significant contributions of women S. 380, a bill to amend the Public XVIII of the Social Security Act to re- throughout our Nation’s history. Health Service Act to establish a State peal the medicare outpatient rehabili- The proposed legislation would direct family support grant program to end tation therapy caps. the General Services Administration the practice of parents giving legal S. 476 (GSA) to negotiate and enter into an custody of their seriously emotionally At the request of Mr. HATCH, the occupancy agreement with the Na- disturbed children to State agencies for name of the Senator from Utah (Mr. tional Women’s History Museum, Inc. the purpose of obtaining mental health BENNETT) was added as a cosponsor of (NWHM) to establish a museum in the services for those children. S. 476, a bill to authorize the Boy currently vacant Pavilion Annex of the S. 397 Scouts of America to exchange certain Old Post Office building in Washington, D.C. The NWHM is a nonprofit, non- At the request of Mr. CRAIG, the land in the State of Utah acquired names of the Senator from Tennessee under the Recreation and Public Pur- partisan, educational institution in the District of Columbia that was created (Mr. FRIST) and the Senator from Mis- poses Act. to research and present the historic souri (Mr. TALENT) were added as co- S. 487 sponsors of S. 397, a bill to prohibit At the request of Mr. NELSON of Ne- contributions that women have made civil liability actions from being braska, the names of the Senator from to all aspects of human endeavor and brought or continued against manufac- South Dakota (Mr. JOHNSON) and the to present the contributions that turers, distributors, dealers, or import- Senator from Oklahoma (Mr. COBURN) women have made to the Nation in ers of firearms or ammunition for dam- were added as cosponsors of S. 487, a their various roles in family, the econ- ages, injunctive or other relief result- bill to amend title 10, United States omy, and society. In 1999, the Presi- ing from the misuse of their products Code, to provide leave for members of dent’s Commission on the celebrating by others. the Armed Forces in connection with of Women in American History con- adoptions of children, and for other cluded that ‘‘efforts to implement an S. 399 purposes. appropriate celebration of women’s his- At the request of Mr. COLEMAN, the S. 498 tory in the next millennium should in- name of the Senator from North Da- At the request of Mr. BURR, the name clude,the designation of a focal point kota (Mr. DORGAN) was added as a co- of the Senator from Mississippi (Mr. for women’s history in our Nation’s sponsor of S. 399, a bill to amend the COCHRAN) was added as a cosponsor of capital,’’ citing the efforts of the Federal Food, Drug, and Cosmetic Act S. 498, a bill to provide for expansion of NWHM to implement this goal. with respect to the sale of prescription electricity transmission networks in The proposed legislation would serve drugs through the Internet, and for order to support competitive elec- two important purposes: Creating, as other purposes. tricity markets, to ensure reliability of the President’s Commission rec- S. 406 electric service, to modernize regula- ommended, a national women’s mu- At the request of Ms. SNOWE, the tion and for other purposes. seum in the District of Columbia and, name of the Senator from Pennsyl- f by designating the Pavilion Annex, uti- vania (Mr. SPECTER) was added as a co- lizing a currently vacant space on sponsor of S. 406, a bill to amend title STATEMENTS ON INTRODUCED Pennsylvania Avenue, considered I of the Employee Retirement Security BILLS AND JOINT RESOLUTIONS ‘‘America’s Main Street.’’ Act of 1974 to improve access and By Ms. COLLINS (for herself, Ms. I would note that, last Congress the choice for entrepreneurs with small LANDRIEU, Mrs. DOLE, Ms. MI- Government Accountability Office

VerDate jul 14 2003 02:33 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.042 S03PT1 S2006 CONGRESSIONAL RECORD — SENATE March 3, 2005 (GAO) placed real property on its High who served in the Senate seat that I ronmental Protection Agency esti- Risk list noting that vacant and under- now hold, Maine’s own Margaret Chase mates that communities will need an utilized properties present significant Smith, who was the first woman nomi- estimated $300 billion to $1 trillion over potential risks to Federal agencies in- nated for president of the United the next 20 years to repair, replace, or cluding lost dollars because of the need States by a major political party and upgrade drinking water and waste- for maintenance and lost opportunities the first woman to serve in both houses water facilities, accommodate a grow- because the property could be put to of Congress. Senator Smith began rep- ing population, and meet water quality more beneficial uses. The Annex has resenting Maine in 1940. She was a standards. been vacant for more than 10 years and woman who embodied the independent Current residents and businesses of it is unclear whether, if at all, GSA spirit of Maine. She was from rural communities face a challenge will be able to generate a use for the Skowhegan and was known as a smart, when it comes to accessing the Inter- building. While the adjacent Old Post courageous, and independent Member net. This reality means that these cit- Office is a national historic landmark, of Congress. Long after it became com- ies and towns are set back when it the Annex is not and has sat vacant monplace for women to serve in the comes to attracting new residents and and deteriorating for years, while Fed- highest ranks of our government, Sen- businesses. While the number of eral dollars are used to keep it main- ator Smith will be remembered in broadband subscribers has risen dra- tained and secured. Maine and the Nation for her courage matically in recent years, studies con- In addition, the proposed legislation and service. ducted by the FCC, DOC, and USDA all would generate revenue from this now These women, and many like them, suggest that urban and high-income vacant property for the Federal Gov- are the reason I am proud to sponsor a areas are far outpacing deployment in ernment through rental payments, bill directing that the Old Post Office rural and low-income areas. As a result based on the fair market value. The Annex be made available to house the of these disparities, rural America suf- museum would also benefit the city by National Women’s History Museum. fers adverse economic and social con- drawing an estimated 1.5 million visi- Women’s history needs a place in our sequences. The USDA has reported that tors annually to the District and pro- Capital and in our collective American in 2000, less than five percent of towns moting economic activities by attract- history, so that we all cannot only with populations of 10,000 or less had ing tourists. learn about our past, but also be in- access to broadband. Likewise, the I believe this legislation is clearly a spired to make history of our own. Commerce Department has found that win-win situation. I urge that my colleagues support 21.2 percent of Internet users in urban There is strong precedent for this this important piece of legislation. areas have access to high-speed connec- type of legislation. In fact, museums in tions, while only 12.2 percent of Inter- the District of Columbia are histori- By Mr. COLEMAN (for himself, net users in rural areas have this tech- cally established by Congress through Mr. PRYOR, Mr. DEWINE, and nology. legislation that authorizes the use of Mr. GRAHAM): Housing is essential if communities Federal land or buildings. One recent S. 502. A bill to revitalize rural Amer- want to keep the businesses they have legislative example is the National Mu- ica and rebuild main street, and for or attract new ones. Employers need to seum for African American History and other purposes; to the Committee on know that employees will be able to Culture, which identified potential Finance. find housing that they can afford in or sites for such a Museum. Another ex- Mr. COLEMAN. Mr. President, trav- near the community. Housing efforts ample is the National Law Enforce- eling throughout rural Minnesota, I see must emphasize new construction and ment Museum Act, which authorized a very real need for the revitalization rehabilitation alike. Communities need the National Law Enforcement Offi- and rebuilding of Main Streets, and new units to attract new families and cers’ Memorial Fund, Inc. to build a this is why today I am introducing the they must have the ability to help resi- Museum on Federal land. The current Rural Renaissance Act with my good dents remodel and renovate existing Building Museum located in the his- friends Senator PRYOR of Arkansas, housing. Housing in rural America is toric Pension Building was authorized Senator GRAHAM of South Carolina, clearly an economic development issue. by an act of Congress. and Senator DEWINE of Ohio. This leg- It is clear that these physical infra- I believe that just as these museums islation acknowledges that rural Amer- structure needs have substantial finan- serve very important public purposes of ica needs significant infrastructure in- cial implications for rural America. educating visitors about important as- vestment if it is to join with the rest of Some 1.8 million homes and apart- pects of our history and culture, so the Nation in an economic recovery, ments are moderately or severely sub- also would a national women’s history and our bill proposes to apply $50 bil- standard. Our Rural Renaissance Act museum fill a void in telling the story lion toward this end. addresses these needs. The impact of of women in our history. Many Minnesota cities and towns doing nothing poses great risks for the The most compelling reasons to sup- need help with updating or expanding future of rural cities and towns. port this important piece of legislation their drinking water supply systems or As you can see, the need for a rural are the stories of the women in Amer- their wastewater treatment systems. renaissance is clear. Greater Minnesota ican history, who helped change and The West Central Initiative and the alone needs almost $7 billion over the shape our Nation: Women who were USDA both estimate that there is a $1.5 next 20 years to modernize infrastruc- and are trailblazers such as Sandra billion gap between available local, ture, accommodate the increasing pop- Day O’Connor, who was the first State, and Federal resources and the ulation, and meet current water qual- woman to serve on the Supreme Court; amount needed by Minnesota commu- ity standards. The cost of bringing Sally Ride, who was the first American nities. There are similar needs in com- high speed Internet access to the rest woman in space; and Madeleine munities throughout the rest of the of rural America is estimated at about Albright, who was the first woman U.S. Nation. Decaying physical infrastruc- $10.9 billion. These are just a couple of Secretary of State. We should ensure ture needs to be addressed because it examples but the most vivid, I think, that the stories of women with unwav- impacts more than just health and are just the closed stores you see up ering bravery are told. Women like quality of life. It also impacts the abil- and down our Main Streets. We’d like Harriet Tubman, who led slaves to free- ity of a city or town to build housing, to turn these towns around like we did dom using the underground railroad, provide services, ensure access to infor- in St. Paul, and we can. and Rosa Parks, who sparked a move- mation, and grow jobs. Throughout Our Rural Renaissance Act will fund ment just by refusing to sit in the back rural America, progress is being made these infrastructure improvements— of a bus. A national museum would in many areas, but in others, a lack of and also provide for community facili- record this history and tells the stories funding is impacting the ability of ties and farmer-owned and value-added of these pioneering women, so that oth- communities to address very critical projects—by sending $50 billion out to ers might be inspired by them. albeit basic needs. Here is an example rural America in one to three years at One woman who inspired me and who of the physical infrastructure chal- a cost of about $15 billion over 10 years. is my own role model is the woman lenges facing rural America: The Envi- It can be done through Federal bonds,

VerDate jul 14 2003 02:33 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.051 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2007 just as we helped pay for the costs of ‘‘(b) PRINCIPAL OFFICE; APPLICATION OF corporation, partnership, or organization in World War II and as State and locals LAWS.—The principal office and place of which he or she is directly or indirectly in- pay for many infrastructure develop- business of the Corporation shall be in the terested. District of Columbia, and, to the extent con- ments. The key, however, is that these ‘‘(4) INDEPENDENT AUDITS.—An independent sistent with this section, the District of Co- certified public accountant shall audit the fi- monies will be made available to lumbia Business Corporation Act (D.C. Code nancial statements of the Corporation each States and locals, as well as farmer- 29–301 et seq.) shall apply. year. The audit shall be carried out at the owned coops and other eligible entities, ‘‘(c) FUNCTIONS OF CORPORATION.—The Cor- place at which the financial statements nor- in the form of grants and low interest poration shall— mally are kept and under generally accepted loans. ‘‘(1) issue rural renaissance bonds for the auditing standards. A report of the audit We have seen tremendous support financing of qualified projects as required shall be available to the public and shall be under section 54 of the Internal Revenue from groups back home and across the included in the report required under sub- Code of 1986, section (c)(5). country who share a commitment to ‘‘(2) establish an allocation plan as re- revitalizing rural America and rebuild- quired under section 54(f)(2)(A) of such Code, ‘‘(f) TAX EXEMPTION.—The Corporation, in- ing our Main Streets. Those supporting ‘‘(3) establish and operate the Rural Ren- cluding its franchise and income, is exempt from taxation imposed by the United States, this bill include, the Association of aissance Trust Account as required under section 54(i) of such Code, by any territory or possession of the United Minnesota Counties, the League of States, or by any State, county, munici- Minnesota Cities, the Minnesota Rural ‘‘(4) perform any other function the sole purpose of which is to carry out the financ- pality, or local taxing authority. Water Association, the Independent ing of qualified projects through rural ren- ‘‘(g) MANAGEMENT OF CORPORATION.— Community Bankers of Minnesota, the aissance bonds, and ‘‘(1) BOARD OF DIRECTORS; MEMBERSHIP; DES- Minnesota Rural Electric Association, ‘‘(5) not later than February 15 of each IGNATION OF CHAIRPERSON AND VICE CHAIR- the University of Minnesota, the Rural year submit a report to Congress— PERSON; APPOINTMENT CONSIDERATIONS; TERM; Broadband Coalition, the National ‘‘(A) describing the activities of the Cor- VACANCIES.— Council of Farmer Cooperatives, the poration for the preceding year, and ‘‘(A) BOARD OF DIRECTORS.—The manage- Telecommunications Industry Associa- ‘‘(B) specifying whether the amounts de- ment of the Corporation shall be vested in a posited and expected to be deposited in the tion, the American Sugarbeet Growers board of directors composed of 7 members Rural Renaissance Trust Account are suffi- appointed by the President, by and with the Association, Land O’ Lakes, the Min- cient to fully repay at maturity the prin- advice and consent of the Senate. nesota Corn Growers Association, the cipal of any outstanding rural renaissance ‘‘(B) CHAIRPERSON AND VICE CHAIRPERSON.— AgCountry Farm Credit Services, the bonds issued pursuant to such section 54. The President shall designate 1 member of AgStar Financial Services, the Farm ‘‘(d) POWERS OF CORPORATION.—The Cor- the Board to serve as Chairperson of the Credit Services of Grand Forks, the poration— Board and 1 member to serve as Vice Chair- Farm Credit Services of Minnesota ‘‘(1) may sue and be sued, complain and de- person of the Board. fend, in its corporate name, in any court of ‘‘(C) INDIVIDUALS FROM PRIVATE LIFE.—Five Valley, AgriBank, the Minnesota Asso- competent jurisdiction, ciation of Wheat Growers, the Min- members of the Board shall be appointed ‘‘(2) may adopt, alter, and use a seal, which from private life. nesota Association of Cooperatives, the shall be judicially noticed, ‘‘(D) FEDERAL OFFICERS AND EMPLOYEES.— Wisconsin Federation of Cooperatives, ‘‘(3) may prescribe, amend, and repeal such Two members of the Board shall be ap- the Minnesota Barley Growers Associa- rules and regulations as may be necessary pointed from among officers and employees tion, the Minnesota Soybean Growers for carrying out the functions of the Cor- of agencies of the United States concerned Association, the Minnesota Nursery poration, with rural development. and Landscape Association, the Amer- ‘‘(4) may make and perform such contracts ‘‘(E) APPOINTMENT CONSIDERATIONS.—All and other agreements with any individual, members of the Board shall be appointed on ica Soybean Association, the Min- corporation, or other private or public entity nesota Association of Townships, the the basis of their understanding of and sensi- however designated and wherever situated, tivity to rural development processes. Mem- Minnesota Chapter of the National As- as may be necessary for carrying out the bers of the Board shall be appointed so that sociation of Housing and Redevelop- functions of the Corporation, not more than 4 members of the Board are ment Officials, and the Red River Val- ‘‘(5) may determine and prescribe the man- members of any 1 political party. ley Sugarbeet Growers Association. ner in which its obligations shall be incurred ‘‘(F) TERMS.—Members of the Board shall These groups and many others agree and its expenses allowed and paid, be appointed for terms of 3 years, except that with us when we say that we need the ‘‘(6) may, as necessary for carrying out the of the members first appointed, as des- functions of the Corporation, employ and fix ignated by the President at the time of their Rural Renaissance Act. And we look the compensation of employees and officers, forward to working with them on this appointment, 2 shall be appointed for terms ‘‘(7) may lease, purchase, or otherwise ac- of 1 year and 2 shall be appointed for terms legislation. Together, we can create quire, own, hold, improve, use, or otherwise of 2 years. economic opportunity in rural America deal in and with such property (real, per- ‘‘(G) VACANCIES.—A member of the Board and grow jobs. sonal, or mixed) or any interest therein, appointed to fill a vacancy occurring before I ask unanimous consent that the wherever situated, as may be necessary for the expiration of the term for which that text of the Rural Renaissance Act be carrying out the functions of the Corpora- member’s predecessor was appointed shall be printed in the RECORD. tion, appointed only for the remainder of that There being no objection, the bill was ‘‘(8) may accept gifts or donations of serv- term. Upon the expiration of a member’s ices or of property (real, personal, or mixed), term, the member shall continue to serve ordered to be printed in the RECORD, as tangible or intangible, in furtherance of the until a successor is appointed and is quali- follows: purposes of this section, and fied. S. 502 ‘‘(9) shall have such other powers as may ‘‘(2) COMPENSATION, ACTUAL, NECESSARY, Be it enacted by the Senate and House of Rep- be necessary and incident to carrying out AND TRANSPORTATION EXPENSES.—Members of resentatives of the United States of America in this section. the Board shall serve without additional Congress assembled, ‘‘(e) NONPROFIT ENTITY; RESTRICTION ON compensation, but may be reimbursed for ac- USE OF MONEYS; CONFLICT OF INTERESTS; SECTION 1. SHORT TITLE. tual and necessary expenses not exceeding INDEPENDENT AUDITS.— This Act may be cited as the ‘‘Rural Ren- $100 per day, and for transportation expenses, ‘‘(1) NONPROFIT ENTITY.—The Corporation aissance Act’’. while engaged in their duties on behalf of the shall be a nonprofit corporation and shall SEC. 2. RURAL RENAISSANCE CORPORATION. Corporation. have no capital stock. ‘‘(3) QUORUM.—A majority of the Board Subtitle D of the Consolidated Farm and ‘‘(2) RESTRICTION.—No part of the Corpora- shall constitute a quorum. Rural Development Act (7 U.S.C. 1981 et seq.) tion’s revenue, earnings, or other income or ‘‘(4) PRESIDENT OF CORPORATION.—The is amended by adding at the end the fol- property shall inure to the benefit of any of Board of Directors shall appoint a president lowing new section: its directors, officers, or employees, and such of the Corporation on such terms as the ‘‘SEC. 379E. RURAL RENAISSANCE CORPORATION. revenue, earnings, or other income or prop- Board may determine.’’. ‘‘(a) ESTABLISHMENT AND STATUS.—There is erty shall only be used for carrying out the established a body corporate to be known as purposes of this section. SEC. 3. CREDIT TO HOLDERS OF RURAL RENAIS- SANCE BONDS. the ‘Rural Renaissance Corporation’ (here- ‘‘(3) CONFLICT OF INTERESTS.—No director, after in this section referred to as the ‘Cor- officer, or employee of the Corporation shall (a) IN GENERAL.—Part IV of subchapter A poration’). The Corporation is not a depart- in any manner, directly or indirectly partici- of chapter 1 of the Internal Revenue Code of ment, agency, or instrumentality of the pate in the deliberation upon or the deter- 1986 (relating to credits against tax) is United States Government, and shall not be mination of any question affecting his or her amended by adding at the end the following subject to title 31, United States Code. personal interests or the interests of any new subpart:

VerDate jul 14 2003 02:33 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.053 S03PT1 S2008 CONGRESSIONAL RECORD — SENATE March 3, 2005 ‘‘Subpart H—Nonrefundable Credit for ‘‘(A) for expenditures incurred after the projects within the 6-month period beginning Holders of Rural Renaissance Bonds date of the enactment of this section for any on such date, and ‘‘Sec. 54. Credit to holders of rural ren- qualified project, or ‘‘(C) to proceed with due diligence to com- aissance bonds. ‘‘(B) for deposit in the Rural Renaissance plete such projects and to spend the proceeds Trust Account for repayment of rural renais- from the sale of the issue. ‘‘SEC. 54. CREDIT TO HOLDERS OF RURAL REN- sance bonds at maturity, ‘‘(2) RULES REGARDING CONTINUING COMPLI- AISSANCE BONDS. ‘‘(2) the bond is issued by the Rural Renais- ANCE AFTER 3-YEAR DETERMINATION.—If at ‘‘(a) ALLOWANCE OF CREDIT.—In the case of least 95 percent of the proceeds from the sale a taxpayer who holds a rural renaissance sance Corporation, is in registered form, and meets the rural renaissance bond limitation of the issue is not expended for 1 or more bond on a credit allowance date of such bond requirements under subsection (f), qualified projects within the 3-year period which occurs during the taxable year, there ‘‘(3) except for bonds issued in accordance beginning on the date of issuance, but the re- shall be allowed as a credit against the tax with subsection (f)(4), the term of each bond quirements of paragraph (1) are otherwise imposed by this chapter for such taxable which is part of such issue does not exceed 30 met, an issue shall be treated as continuing year an amount equal to the sum of the cred- years, to meet the requirements of this subsection its determined under subsection (b) with re- ‘‘(4) the payment of principal with respect if either— spect to credit allowance dates during such to such bond is the obligation of the Rural ‘‘(A) the Rural Renaissance Corporation year on which the taxpayer holds such bond. Renaissance Corporation, and uses all unspent proceeds from the sale of ‘‘(b) AMOUNT OF CREDIT.— ‘‘(5) the issue meets the requirements of the issue to redeem bonds of the issue within ‘‘(1) IN GENERAL.—The amount of the credit subsection (g) (relating to arbitrage). 90 days after the end of such 3-year period, or determined under this subsection with re- ‘‘(f) LIMITATION ON AMOUNT OF BONDS DES- ‘‘(B) the following requirements are met: spect to any credit allowance date for a rural IGNATED.— ‘‘(i) The Rural Renaissance Corporation renaissance bond is 25 percent of the annual ‘‘(1) NATIONAL LIMITATION.—There is a rural spends at least 75 percent of the proceeds credit determined with respect to such bond. renaissance bond limitation for each cal- from the sale of the issue for 1 or more quali- ‘‘(2) ANNUAL CREDIT.—The annual credit de- endar year. Such limitation is— fied projects within the 3-year period begin- termined with respect to any rural renais- ‘‘(A) for 2006— ning on the date of issuance. sance bond is the product of— ‘‘(i) with respect to bonds described in sub- ‘‘(ii) The Rural Renaissance Corporation ‘‘(A) the applicable credit rate, multiplied section (e)(1)(A), $50,000,000,000, plus spends at least 95 percent of the proceeds by ‘‘(ii) with respect to bonds described in from the sale of the issue for 1 or more quali- ‘‘(B) the outstanding face amount of the subsection (e)(1)(B), such amount (not to ex- fied projects within the 4-year period begin- bond. ceed $15,000,000,000) as determined necessary ning on the date of issuance, and uses all ‘‘(3) APPLICABLE CREDIT RATE.—For pur- by the Rural Renaissance Corporation to unspent proceeds from the sale of the issue poses of paragraph (2), the applicable credit provide funds in the Rural Renaissance Trust to redeem bonds of the issue within 90 days rate with respect to an issue is the rate Account for the repayment of rural renais- after the end of the 4-year period beginning equal to an average market yield (as of the sance bonds at maturity, and on the date of issuance. day before the date of sale of the issue) on ‘‘(B) except as provided in paragraph (3), ‘‘(h) RECAPTURE OF PORTION OF CREDIT outstanding long-term corporate debt obliga- zero thereafter. WHERE CESSATION OF COMPLIANCE.— tions (determined in such manner as the Sec- ‘‘(2) LIMITATION ALLOCATED TO QUALIFIED ‘‘(1) IN GENERAL.—If any bond which when retary prescribes). PROJECTS AMONG STATES.— issued purported to be a rural renaissance ‘‘(4) CREDIT ALLOWANCE DATE.—For pur- ‘‘(A) IN GENERAL.—Subject to subparagraph bond ceases to be such a qualified bond, the poses of this section, the term ‘credit allow- (B), the limitation applicable under para- Rural Renaissance Corporation shall pay to ance date’ means— graph (1)(A)(i) for any calendar year shall be the United States (at the time required by ‘‘(A) March 15, allocated by the Rural Renaissance Corpora- the Secretary) an amount equal to the sum ‘‘(B) June 15, tion for qualified projects among the States of— ‘‘(C) September 15, and under an allocation plan established by the ‘‘(A) the aggregate of the credits allowable ‘‘(D) December 15. Corporation and submitted to Congress for under this section with respect to such bond Such term includes the last day on which the consideration. (determined without regard to subsection bond is outstanding. ‘‘(B) MINIMUM ALLOCATIONS TO STATES.—In (c)) for taxable years ending during the cal- ‘‘(5) SPECIAL RULE FOR ISSUANCE AND RE- establishing the allocation plan under sub- endar year in which such cessation occurs DEMPTION.—In the case of a bond which is paragraph (A), the Rural Renaissance Cor- and the 2 preceding calendar years, and issued during the 3-month period ending on a poration shall ensure that the aggregate ‘‘(B) interest at the underpayment rate credit allowance date, the amount of the amount allocated for qualified projects lo- under section 6621 on the amount determined credit determined under this subsection with cated in each State under such plan is not under subparagraph (A) for each calendar respect to such credit allowance date shall less than $500,000,000. year for the period beginning on the first day be a ratable portion of the credit otherwise ‘‘(3) CARRYOVER OF UNUSED LIMITATION.—If of such calendar year. determined based on the portion of the 3- for any calendar year— ‘‘(2) FAILURE TO PAY.—If the Rural Renais- month period during which the bond is out- ‘‘(A) the rural renaissance bond limitation sance Corporation fails to timely pay the standing. A similar rule shall apply when the amount, exceeds amount required by paragraph (1) with re- bond is redeemed. ‘‘(B) the amount of bonds issued during spect to such bond, the tax imposed by this ‘‘(c) LIMITATION BASED ON AMOUNT OF such year by the Rural Renaissance Corpora- chapter on each holder of any such bond TAX.— tion, the rural renaissance bond limitation which is part of such issue shall be increased ‘‘(1) IN GENERAL.—The credit allowed under amount for the following calendar year shall (for the taxable year of the holder in which subsection (a) for any taxable year shall not be increased by the amount of such excess. such cessation occurs) by the aggregate de- exceed the excess of— Any carryforward of a rural renaissance crease in the credits allowed under this sec- ‘‘(A) the sum of the regular tax liability bond limitation amount may be carried only tion to such holder for taxable years begin- (as defined in section 26(b)) plus the tax im- to calendar year 2007 or 2008. ning in such 3 calendar years which would posed by section 55, over ‘‘(4) ISSUANCE OF SMALL DENOMINATION have resulted solely from denying any credit ‘‘(B) the sum of the credits allowable under BONDS.—From the rural renaissance bond under this section with respect to such issue this part (other than this subpart and sub- limitation for each year, the Rural Renais- for such taxable years. part C). sance Corporation shall issue a limited quan- ‘‘(3) SPECIAL RULES.— ‘‘(2) CARRYOVER OF UNUSED CREDIT.—If the tity of rural renaissance bonds in small de- ‘‘(A) TAX BENEFIT RULE.—The tax for the credit allowable under subsection (a) exceeds nominations suitable for purchase as gifts by taxable year shall be increased under para- the limitation imposed by paragraph (1) for individual investors wishing to show their graph (2) only with respect to credits allowed such taxable year, such excess shall be car- support for investing in rural America. by reason of this section which were used to ried to the succeeding taxable year and ‘‘(g) SPECIAL RULES RELATING TO ARBI- reduce tax liability. In the case of credits added to the credit allowable under sub- TRAGE.— not so used to reduce tax liability, the section (a) for such taxable year. ‘‘(1) IN GENERAL.—Subject to paragraph (2), carryforwards and carrybacks under section ‘‘(d) CREDIT INCLUDED IN GROSS INCOME.— an issue shall be treated as meeting the re- 39 shall be appropriately adjusted. Gross income includes the amount of the quirements of this subsection if as of the ‘‘(B) NO CREDITS AGAINST TAX.—Any in- credit allowed to the taxpayer under this date of issuance, the Rural Renaissance Cor- crease in tax under paragraph (2) shall not be section (determined without regard to sub- poration reasonably expects— treated as a tax imposed by this chapter for section (c)) and the amount so included shall ‘‘(A) to spend at least 95 percent of the pro- purposes of determining— be treated as interest income. ceeds from the sale of the issue for 1 or more ‘‘(i) the amount of any credit allowable ‘‘(e) RURAL RENAISSANCE BOND.—For pur- qualified projects within the 3-year period under this part, or poses of this part, the term ‘rural renais- beginning on such date, ‘‘(ii) the amount of the tax imposed by sec- sance bond’ means any bond issued as part of ‘‘(B) to incur a binding commitment with a tion 55. an issue if— third party to spend at least 10 percent of the ‘‘(i) RURAL RENAISSANCE TRUST ACCOUNT.— ‘‘(1) 95 percent or more of the proceeds proceeds from the sale of the issue, or to ‘‘(1) IN GENERAL.—The following amounts from the sale of such issue are to be used— commence construction, with respect to such shall be held in a Rural Renaissance Trust

VerDate jul 14 2003 02:33 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.044 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2009

Account by the Rural Renaissance Corpora- tees of Congress regarding the development ‘‘(8) REPORTING OF CREDIT ON RURAL RENAIS- tion: of guidelines and criteria for the approval by SANCE BONDS.— ‘‘(A) The proceeds from the sale of all the Corporation of projects as qualified ‘‘(A) IN GENERAL.—For purposes of sub- bonds issued under this section. projects for inclusion in the allocation plan section (a), the term ‘interest’ includes ‘‘(B) The amount of any matching con- established under subsection (f)(2)(A) and amounts includible in gross income under tributions with respect to such bonds. shall submit such guidelines and criteria to section 54(d) and such amounts shall be ‘‘(C) The investment earnings on proceeds such committees. treated as paid on the credit allowance date from the sale of such bonds. ‘‘(B) APPROPRIATE COMMITTEES OF CON- (as defined in section 54(b)(4)). ‘‘(D) Any earnings on any amounts de- GRESS.—For purposes of subparagraph (A), ‘‘(B) REPORTING TO CORPORATIONS, ETC.— scribed in subparagraph (A), (B), or (C). the term ‘appropriate committees of Con- Except as otherwise provided in regulations, ‘‘(2) USE OF FUNDS.—Amounts in the Rural gress’ means the Committee on Agriculture, in the case of any interest described in sub- Renaissance Trust Account may be used only Nutrition, and Forestry, the Committee on paragraph (A), subsection (b)(4) shall be ap- to pay costs of qualified projects, redeem Commerce, Science, and Transportation, and plied without regard to subparagraphs (A), rural renaissance bonds, and fund the oper- the Committee on Finance of the Senate and (H), (I), (J), (K), and (L)(i) of such subsection. ations of the Rural Renaissance Corporation, the Committee on Agriculture, the Com- ‘‘(C) REGULATORY AUTHORITY.—The Sec- except that amounts withdrawn from the mittee on Energy and Commerce, and the retary may prescribe such regulations as are Rural Renaissance Trust Account to pay Committee on Ways and Means of the House necessary or appropriate to carry out the costs of qualified projects may not exceed of Representatives. purposes of this paragraph, including regula- the aggregate proceeds from the sale of rural ‘‘(k) OTHER DEFINITIONS AND SPECIAL tions which require more frequent or more renaissance bonds described in subsection RULES.—For purposes of this section— detailed reporting.’’. (e)(1)(A). ‘‘(1) BOND.—The term ‘bond’ includes any (2) TREATMENT FOR ESTIMATED TAX PUR- ‘‘(3) USE OF REMAINING FUNDS IN RURAL REN- obligation. POSES.— AISSANCE TRUST ACCOUNT.—Upon the redemp- ‘‘(2) RURAL AREA.—The term ‘rural area’ (A) INDIVIDUAL.—Section 6654 of such Code tion of all rural renaissance bonds issued means any area other than— (relating to failure by individual to pay esti- under this section, any remaining amounts ‘‘(A) a city or town which has a population mated income tax) is amended by redesig- in the Rural Renaissance Trust Account of greater than 50,000 inhabitants, or nating subsection (m) as subsection (n) and shall be available to the Rural Renaissance ‘‘(B) the urbanized area contiguous and ad- by inserting after subsection (l) the fol- Corporation for any qualified project. jacent to such a city or town. lowing new subsection: ‘‘(j) QUALIFIED PROJECT.—For purposes of ‘‘(m) SPECIAL RULE FOR HOLDERS OF RURAL this section— ‘‘(3) RURAL RENAISSANCE CORPORATION.— The term ‘Rural Renaissance Corporation’ RENAISSANCE BONDS.—For purposes of this ‘‘(1) IN GENERAL.—Subject to paragraph (3), section, the credit allowed by section 54 to a the term ‘qualified project’ means a project means the Rural Renaissance Corporation taxpayer by reason of holding a rural renais- which— established under section 379E of the Con- sance bond on a credit allowance date shall ‘‘(A) includes 1 or more of the projects de- solidated Farm and Rural Development Act. be treated as if it were a payment of esti- scribed in paragraph (2), ‘‘(4) TREATMENT OF CHANGES IN USE.—For mated tax made by the taxpayer on such ‘‘(B) is located in a rural area, and purposes of subsection (e)(1)(A), the proceeds date.’’. ‘‘(C) is proposed by a State and approved from the sale of an issue shall not be treated (B) CORPORATE.—Subsection (g) of section by the Rural Renaissance Corporation. as used for a qualified project to the extent 6655 of such Code (relating to failure by cor- ‘‘(2) PROJECTS DESCRIBED.—A project de- that the Rural Renaissance Corporation scribed in this paragraph is— takes any action within its control which poration to pay estimated income tax) is ‘‘(A) a water or waste treatment project, causes such proceeds not to be used for a amended by adding at the end the following ‘‘(B) a conservation project, including any qualified project. The Secretary shall specify new paragraph: project to protect water quality or air qual- remedial actions that may be taken (includ- ‘‘(5) SPECIAL RULE FOR HOLDERS OF RURAL ity (including odor abatement), any project ing conditions to taking such remedial ac- RENAISSANCE BONDS.—For purposes of this to prevent soil erosion, and any project to tions) to prevent an action described in the section, the credit allowed by section 54 to a protect wildlife habitat, including any preceding sentence from causing a bond to taxpayer by reason of holding a rural renais- project to assist agricultural producers in fail to be a rural renaissance bond. sance bond on a credit allowance date shall complying with Federal, State, or local regu- ‘‘(5) PARTNERSHIP; S CORPORATION; AND be treated as if it were a payment of esti- lations, OTHER PASS-THRU ENTITIES.—In the case of a mated tax made by the taxpayer on such ‘‘(C) an affordable housing project, partnership, trust, S corporation, or other date.’’. ‘‘(D) a community facility project, includ- pass-thru entity, rules similar to the rules of (c) CLERICAL AMENDMENTS.— ing hospitals, fire and police stations, and section 41(g) shall apply with respect to the (1) The table of subparts for part IV of sub- nursing and assisted-living facilities, credit allowable under subsection (a). chapter A of chapter 1 of the Internal Rev- ‘‘(E) a value-added agriculture or renew- ‘‘(6) BONDS HELD BY REGULATED INVESTMENT enue Code of 1986 is amended by adding at able energy facility project for agricultural COMPANIES.—If any rural renaissance bond is the end the following new item: producers or farmer-owned entities, includ- held by a regulated investment company, the ‘‘SUBPART H. NONREFUNDABLE CREDIT FOR ing any project to promote the production or credit determined under subsection (a) shall HOLDERS OF RURAL RENAISSANCE BONDS.’’. processing of ethanol, biodiesel, animal be allowed to shareholders of such company (2) Section 6401(b)(1) of such Code is amend- waste, biomass, raw commodities, or wind as under procedures prescribed by the Sec- ed by striking ‘‘and G’’ and inserting ‘‘G, and a fuel, retary. H’’. ‘‘(F) a rural venture capital project for, ‘‘(7) CREDITS MAY BE STRIPPED.—Under reg- (d) EFFECTIVE DATE.—The amendments among others, farmer-owned entities, ulations prescribed by the Secretary— made by this section shall apply to obliga- ‘‘(G) a distance learning or telemedicine ‘‘(A) IN GENERAL.—There may be a separa- tions issued after December 31, 2005. project, tion (including at issuance) of the ownership of a rural renaissance bond and the entitle- ‘‘(H) a project to expand broadband tech- By Mr. BOND (for himself, Mr. nology, and ment to the credit under this section with ‘‘(I) a rural teleworks project. respect to such bond. In case of any such sep- TALENT, and Mr. DEWINE): ‘‘(3) SPECIAL RULES.—For purposes of this aration, the credit under this section shall S. 503. A bill to expand Parents as subsection— be allowed to the person who on the credit Teachers programs and other quality ‘‘(A) any project described in subparagraph allowance date holds the instrument evi- programs of early childhood home visi- (E) or (F) of paragraph (2) for a farmer-owned dencing the entitlement to the credit and tation, and for other purposes; to the entity may be considered a qualified project not to the holder of the bond. Committee on Health, Education, if such entity is located in a rural area, or in ‘‘(B) CERTAIN RULES TO APPLY.—In the case Labor, and Pensions. of a separation described in subparagraph the case of a farmer-owned entity the head- Mr. BOND. Mr. President, I intro- quarters of which are located in a nonrural (A), the rules of section 1286 shall apply to area, if the project is located in a rural area, the rural renaissance bond as if it were a duced S. 503, the Education Begins At and stripped bond and to the credit under this Home Act. It is at the desk. It is co- ‘‘(B) any project for a farmer-owned entity section as if it were a stripped coupon. sponsored by Senators TALENT and which is a facility described in paragraph ‘‘(8) REPORTING.—The Rural Renaissance DEWINE. I invite my colleagues to look (2)(E) for agricultural producers may be con- Corporation shall submit reports similar to at it and join with me in this signifi- sidered a qualified project regardless of the reports required under section 149(e).’’. cant measure to improve early child- whether the facility is located in a rural or (b) AMENDMENTS TO OTHER CODE SEC- hood education and development of our nonrural area. TIONS.— children. ‘‘(4) APPROVAL GUIDELINES AND CRITERIA.— (1) REPORTING.—Subsection (d) of section ‘‘(A) IN GENERAL.—Not later than 60 days 6049 of the Internal Revenue Code of 1986 (re- Parents as Teachers has worked in after the date of the enactment of this sec- lating to returns regarding payments of in- Missouri. It is a program which in- tion, the Rural Renaissance Corporation terest) is amended by adding at the end the volves training and assistance for par- shall consult with the appropriate commit- following new paragraph: ents of children from birth to 3 years of

VerDate jul 14 2003 02:36 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.044 S03PT1 S2010 CONGRESSIONAL RECORD — SENATE March 3, 2005 age. We have had significant improve- What began as an experiment in Mis- 2000 to adjust the boundary of the ments in educational achievements. We souri has expanded to more than 3,000 Yuma Crossing National Heritage have identified problems in children. sites in all 50 states, and seven foreign Area; to the Committee on Energy and We have solved problems and saved countries. Communities all over the Natural Resources. money by avoiding the necessary, ex- world are investing in PAT because the Mr. KYL. Mr. President, I am pleased pensive, and very difficult remedial ef- results are positive and the cost is low. to join today with Senator MCCAIN to forts. It involves home visits. It in- Anecdotally, I can tell you that par- introduce the Yuma Crossing National volves bringing children of like age ents in PAT know that it is a tremen- Heritage Area Boundary Adjustment groups together. It works at home. It dous benefit to them and their chil- Act. This legislation would amend the works for the poorest families. It dren. Yuma Crossing National Heritage Act works for very busy two-working-par- The scientifically sound research of 2000, Public Law 106–319, to reduce ent families. It works on our military shows that: At age 3, PAT children are the size of the heritage area to conform installations. more advanced in language, social de- to the area set forth in the Heritage This measure expands from currently velopment, problem solving and other Area Management Plan approved by 3,300 children whose parents are in the cognitive abilities, PAT children score the Secretary of the Interior in 2002. program nationally to potentially 2.7 higher on kindergarten readiness tests, The Yuma Crossing Heritage Area million families with young children Children who participate in PAT score was designated in October 2000. It throughout the United States. The pro- higher on standardized measures of sprung from a preliminary concept gram is presently in all States, in the reading, math and language in first plan completed in 1999 by the Heritage Union. This expands on it and makes through fourth grades, parents who Area Task Force. The boundaries pro- sure we use our early education dollars participate in PAT are more confident posed in that plan included approxi- to the maximum benefit. Get parents about their parenting and are more in- mately 22 square miles, extending from involved. Home visits work. volved in their children’s schooling—a the Colorado River on the north and Research has clearly shown that the key component of a child’s success in west to the Avenue 7E alignment on early years are critical in a child’s de- school. the east and the 12th street alignment velopment and lay the foundation for Recognizing that all parents need on the south. These boundaries rep- success in school and in life. The home and deserve support in laying a strong resented the task force’s ‘‘best guess’’ is the first and most important learn- foundation for their child’s success I as to the cultural landscape warranting ing environment for children, and par- will be introducing the Education Be- inclusion in the heritage area. This ents are their child’s first and most in- gins at Home Act. ‘‘best guess’’ was incorporated into the To date over 2 million families na- fluential teacher. legislation designating the Yuma tionwide have received the education Through parent education and family Crossing National Heritage Area. and support they need through PAT. support, we can promote parents’ abil- During the development of the final While this is a tremendous accomplish- ity to enhance their children’s cog- Heritage Area Management Plan, ment, there are more families that can nitive, language, social-emotional and which was subject to comprehensive be reached by this exceptional pro- physical development—thereby helping community involvement, it became ap- gram. parents to prepare their children for parent that the area’s boundaries were The Education Begins at Home Act success in school. too large and should be more con- makes a bold federal investment in It only makes sense to equip parents centrated along the Colorado River and parents by establishing the first, dedi- with the skills they need to help maxi- in historic downtown. cated federal funding stream to support mize their child’s health and develop- Rather than simply leave the bound- the expansion of Parents as Teachers— ment and this is exactly what the Par- aries as they were set in the 2000 legis- or other home visitation programs—at ents at Teachers Program does. lation, we have heard from the commu- The curriculum is designed to build the state and local level. The $500 million in federal funds over nity in Yuma that it is important that the foundation of later learning, pro- 3 years included in this bill will expand we conform the boundaries to those in vide early detection of developmental services to over 2.7 million families na- the agreed-upon Management Plan. delays as well as health, vision and tionwide. Doing so will provide certainty to the hearing problems, prevent child abuse Ten times more families will be heritage area and those private land- and neglect and increase children’s served by PAT under this legislation. owners who live within its current school readiness and school success. This bill will: provide $400 million boundaries. It will allow the heritage To achieve these goals, Parents as over 3 years to states to expand access area to meet its management goals and Teachers provides personalized home to PAT, encourage and foster more col- responsibilities without the worry that visits by trained parent educators, laboration between PAT and Early private property rights may be affected group meetings with other new parents Head Start Grantees, provide $50 mil- in the future. and formal screening of vision and lion over 3 years to fund innovative This is a non-controversial, straight- hearing. ideas and partnerships at the local forward correction. I hope my col- Twenty-one years ago I pushed the level to expand access to PAT in com- leagues will work with me to pass it Early Childhood Education Act munities with limited English pro- quickly this year. through the Missouri legislature. Dur- ficiency; and provide $50 million over 3 By Mr. HAGEL (for himself, Mr. ing my second term as Governor I years to reach more military families DURBIN, Ms. CANTWELL, Mr. signed that ground breaking bill into by expanding access to PAT in schools LAUTENBERG, and Mrs. MUR- law which mandated PAT in every and community organizations that RAY): school district in the state of Missouri. serve military families. For me that was the culmination of 5 All babies are born to learn and a S. 506. A bill to amend the Public long years of work. parent is a child’s first and most im- Health Service Act to establish a schol- One might say I was on a mission. portant teacher. Parents as Teachers arship and loan repayment program for And I was. Because in 1981, I found my- better prepares children for success in public health preparedness workforce self in a similar situation to that of the school and life and helps parents be- development to eliminate critical pub- Missouri’s current Governor. I was come more active participants in their lic health preparedness workforce about to be a new father myself. child’s education. shortages in Federal, State, local, and PAT certainly made a positive dif- The expansion of Parents as Teachers tribal public health agencies; to the ference in my family. PAT helped us is a sound investment in the future of Committee on Health, Education, through sleepless nights, teething, and our children and families. Labor, and Pensions. learning the ABC’s. My son, Sam, was Mr. HAGEL. Mr. President, I rise probably one of the first babies to ben- By Mr. KYL (for himself and Mr. today with Senator DURBIN to intro- efit from the Parents as Teachers ma- MCCAIN): duce the Public Health Preparedness terials in Missouri. And countless oth- S. 505. A bill to amend the Yuma Workforce Development Act of 2005. ers have benefited since. Crossing National Heritage Area Act of This legislation aims to increase the

VerDate jul 14 2003 02:36 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.045 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2011 pipeline of qualified public health gressional mandate to act. GAO further Mr. DEWINE. Mr. President, today I workers at the Federal, State, local reported that most of the agencies that am proud to introduce the Great Lakes and tribal levels by offering scholar- have responsibilities under the Na- Environmental Restoration Act with ships to students going into the public tional Invasive Species Management my colleague, Senator LEVIN. I would health field. It also encourages current Plan have not been completing activi- like to thank him for all of his hard professionals to stay in the public ties by established due dates and that work on this legislation. health field by providing loan repay- these agencies lack coordination. For those who have seen one of the ments in exchange for a commitment These are significant problems that five Great Lakes, it is not difficult to of a designated number of years of must be addressed. understand their importance. Covering service in public health. Invasive species are a national threat more than 94,000 square miles and The average age of lab technicians, that we cannot afford to ignore. Many draining more than twice as much epidemiologists, environmental health states are trying to combat these spe- land, these freshwater seas hold an es- experts, microbiologists, IT specialists, cies that are threatening their local timated six quadrillion gallons of public health administrators and oth- environments. Examples of such plants water—or one-fifth of the world’s sur- ers who make up the public health and animals include the emerald ash face freshwater. The Great Lakes eco- workforce is 47, seven years older than borer, which has been particularly system includes such diverse elements the average age of the Nation’s work- troublesome in my home state of Ohio; as northern evergreen and deciduous force. Over the next five years, my the Chinese mitten crab; and hydrilla, forests, lake plain prairies, and coastal State of Nebraska will have more pub- considered to be one of the most prob- wetlands. Over 30 of the basin’s biologi- cal communities and over 100 species lic health workers who are eligible for lematic aquatic plants in the United are globally rare or found only in the retirement than any other state in the States. If left unchecked, these and Great Lakes basin. The 637 State parks Nation. other invasive species pose dangerous in the region accommodate more than To encourage young people to enter environmental, health, and economic 250 million visitors each year, and the the public health field, this legislation threats. Estimates of the annual eco- Great Lakes basin is home to more authorizes $35 million per year for nomic damages caused by invasive spe- cies in this nation are as high as $137 than 33 million people—or one-tenth of scholarships and $195 million per year the U.S. population. for loan repayments. Eighty percent of billion. It is clear that more must be done. As co-chairs of the Senate Great the funds would be dedicated for state Lakes Task Force, Senator LEVIN and I and local public health workers, with To combat the serious threats posed by invasive species, we need federal co- have worked together on legislation bonus payments available to those who and other initiatives to protect this agree to be placed in under-served ordination and planning. Our bill would provide just that and on a permanent natural resource. We secured funding areas. from the National Oceanic and Atmos- There are critical public health basis. Under this legislation, the Secre- taries of State, Commerce, Transpor- pheric Administration (NOAA) for workforce shortages. We cannot afford water level gauges, a replacement ice- to lose so many experienced workers tation, Agriculture, Health and Human Services, Interior, Defense, and Treas- breaking vessel, and funding for the just when our public health workforce ury, along with the Administrators of Great Lakes Fishery Commission for should be expanding to meet increasing EPA and USAID, would continue to sea lamprey control. Additionally, Sen- health needs. The ability of the public work together through the National ator LEVIN and I met with the U.S. health system to respond to emerging Invasive Species Council to develop a Trade Representative Office in an ef- infectious diseases like West Nile National Invasive Species Management fort to prevent Great Lakes water from Virus, food-borne illnesses, or bioter- Plan. being diverted abroad. We worked to rorism relies on a well-trained, ade- The duties of the Council are gen- authorize the Great Lakes Basin Soil quately staffed public health network erally to coordinate federal activities Erosion and Sediment Control Program at all levels. It is important that we in an effective, complementary, cost- in the 2002 Farm Bill, and three years address this problem before it becomes efficient manner; update the National ago, we joined our colleagues in the a crisis. Invasive Species Management Plan; en- House to pass the Great Lakes Legacy I urge my colleagues to support this sure that federal agencies implement Act. This legislation provides up to $50 legislation. the Management Plan; and develop rec- million per year to the Environmental ommendations for international co- Protection Agency (EPA) to remove By Mr. DEWINE (for himself, Mr. operation. Additionally, if rec- contaminated sediments at Areas of LEVIN, Ms. STABENOW, Mr. ommendations are not implemented, Concern. REED, and Mr. VOINOVICH): These steps are positive, but we are S. 507. A bill to establish the Na- agencies would have to report to the Council. The Council is directed to de- not keeping pace with the problems tional Invasive Species Council, and for velop guidance for federal agencies on facing the Great Lakes—the Federal other purposes; to the Committee on prevention, control, and eradication of Government simply is not providing Environment and Public Works. invasive species so that federal pro- the funding to protect them. An April Mr. DEWINE. Mr. President, today, I grams and actions do not increase the 2003 Government Accountability Office am pleased to join with Senators risk of invasion or spread non-indige- (GAO) report found that the Federal LEVIN, STABENOW, REED, and VOINOVICH nous species. And finally, the bill Government spent roughly $745 million to introduce the National Invasive Spe- would establish an Invasive Species Ad- over the last ten years on Great Lakes cies Council Act—a bill to permanently visory Committee to the Council. restoration programs. Now consider establish the National Invasive Species The National Invasive Species Coun- that the GAO reported that the eight Council. I would like to thank my col- cil could enhance its effectiveness and Great Lakes States spent $956 million leagues for their hard work on this leg- better protect our environment from during that same ten-year period. islation. invasive species with a congressional There is ample evidence that this Recognizing the need for better co- mandate. I urge my colleagues to co- current level of commitment is simply ordination to combat the economic, sponsor this measure so that the Fed- not enough to address the challenges. ecologic, and health threats posed by eral Government can better respond to In 2001, there were approximately 600 invasive species, the federal govern- the threat posed by invasive species. beach closings as a result of e-coli bac- ment established the National Invasive teria. Further, State and local health Species Council by Executive Order in By Mr. DEWINE (for himself, Mr. authorities issued approximately 1,400 1999. Today, the Council continues to LEVIN, Ms. STABENOW, Mr. fish consumption advisories in the operate and develop invasive species LUGAR, Mr. BAYH, Mr. DAYTON, Great Lakes. In 1978, the United States management plans. However, the Coun- and Mr. KOHL): and Canada amended the Great Lakes cil is not as effective as it could be. S. 508. A bill to provide for the envi- Water Quality Agreement to give pri- The GAO reported that implementing ronmental restoration of the Great ority attention to 43 designated Areas these management plans is difficult be- Lakes; to the Committee on Environ- of Concern. Since the signing, the Fed- cause the Council does not have a con- ment and Public Works. eral Government has not been able to

VerDate jul 14 2003 02:36 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.048 S03PT1 S2012 CONGRESSIONAL RECORD — SENATE March 3, 2005 remove any U.S. sites from the Areas National Program Office would serve as known, additional funding is needed now to of Concern list. Invasive species are the council leader, and participants augment existing efforts to address the one of the largest threats to the eco- would include key federal agencies in- known threats facing the Great Lakes. system and the $4.5 billion Great Lakes volved in Great Lakes restoration ef- SEC. 3. DEFINITIONS. In this Act: fishing industry. There are now over forts. The council would ensure that (1) BOARD.—The term ‘‘Board’’ means the 160 aquatic invasive species threat- the efforts of federal agencies are co- Great Lakes Environmental Restoration Ad- ening the Great Lakes. It is imperative ordinated, effective, and cost-efficient. visory Board established by section 5(a). that we fix these problems. Lastly, this bill would help address a (2) GREAT LAKE.—The term ‘‘Great Lake’’ For several years, I have been calling GAO recommendation that a moni- means— for a plan to restore the Lakes. I have toring system and environmental indi- (A) Lake Erie; been urging the governors, mayors, the cators be developed to measure (B) Lake Huron (including Lake Saint environmental community, and other Clair); progress on new and existing restora- (C) Lake Michigan; regional interests to agree on a vision tion programs in the Great Lakes. (D) Lake Ontario; for the future of the Great Lakes—not Our bill is a major step in the right (E) Lake Superior; and just for the short-term, but for the direction. I would again like to thank (F) the connecting channels of those long-term. It is time for us to come to- my colleague, Senator LEVIN, for his Lakes, including— gether to develop a plan and put it in dedication to the Great Lakes and to (i) the Saint Marys River; place. their restoration. We need to continue (ii) the Saint Clair River; (iii) the Detroit River; The bill we are introducing today to refocus and improve our efforts in builds upon the efforts by those in the (iv) the Niagara River; and order to reverse the trend of additional (v) the Saint Lawrence River to the Cana- Great Lakes states who are working degradation of the Great Lakes. They dian border. with the congressional delegation and are a unique natural resource for Ohio (3) GREAT LAKES STATE.—The term ‘‘Great federal officials on the Great Lakes Re- and the entire region—a resource that Lakes State’’ means each of the States of Il- gional Collaboration group. It provides must be protected for future genera- linois, Indiana, Ohio, Michigan, Minnesota, the funding needed to implement their tions. I ask my colleagues to join me in New York, Pennsylvania, and Wisconsin. recommendations. support of this bill and in our efforts to (4) GREAT LAKES SYSTEM.—The term ‘‘Great Lakes system’’ means all the streams, rivers, This legislation would provide the help preserve and protect the long- tools needed for the long-term future of lakes, and other bodies of water in the drain- term viability of our Great Lakes. age basin of the Great Lakes. the Great Lakes. First, our bill creates I ask unanimous consent that the (5) PROGRAM.—The term ‘‘Program’’ means a $6 billion Great Lakes Restoration text of the bill be printed in the the Great Lakes Environmental Restoration Grant Program to augment existing RECORD. Grant Program established by section 4(a). federal and state efforts to clean, pro- There being no objection, the bill was (6) PROGRAM OFFICE.—The term ‘‘Program Office’’ means the Great Lakes National Pro- tect, and restore the Great Lakes. An ordered to be printed in the RECORD, as gram Office of the Environmental Protection additional $600 million in annual fund- follows: ing will be appropriated through the Agency. S. 508 (7) TASK FORCE.—The term ‘‘Task Force’’ EPA’s Great Lakes National Program Be it enacted by the Senate and House of Rep- means the Great Lakes Interagency Task Office. The Program Office will provide resentatives of the United States of America in Force established by section 6(a). grants to the Great Lakes States, mu- Congress assembled, SEC. 4. GREAT LAKES RESTORATION GRANTS. nicipalities, and other applicants in co- SECTION 1. SHORT TITLE. (a) ESTABLISHMENT.—There is established a ordination with the Great Lakes Envi- This Act may be cited as the ‘‘Great Lakes Great Lakes Environmental Restoration Grant Program, to be administered by the ronmental Restoration Advisory Environmental Restoration Act’’. Board. This funding will provide the Program Office. SEC. 2. FINDINGS. (b) GRANTS.— extra resources that existing programs Congress finds that— (1) IN GENERAL.—In coordination with the do not have. (1) the Great Lakes and the connecting Board, the Program Office shall provide to While the Great Lakes are a national channels of the Great Lakes form the largest States, municipalities, and other applicants resource, leaders in the region, not freshwater system in the world, holding 1⁄5 of grants for use in and around the Great Lakes Washington bureaucrats, should set the fresh surface water supply of the world in carrying out— priorities and guide restoration efforts. and 9⁄10 of the fresh surface water supply of (A) contaminated sediment cleanup; That is why our bill requires close co- the United States; (B) wetland restoration; (2) 30 years after the date of enactment of ordination between the EPA and state (C) invasive species control and preven- the Federal Water Pollution Control Act (33 tion; and regional interests before grants are U.S.C. 1251 et seq.), water quality in the (D) coastal wildlife and fisheries habitat released. The Great Lakes Environ- Great Lakes has improved, but the Great improvement; mental Restoration Advisory Board, Lakes remain in a degraded state; (E) public access improvement; led by the Great Lakes governors, will (3) evidence of the degraded environment (F) water quality improvement; include mayors, federal agencies, Na- of the Great Lakes includes— (G) sustainable water use; tive American tribes, environmental- (A) a record 599 closings of Great Lakes (H) nonpoint source pollution reduction; or ists, industry representatives, and Ca- beaches in 2001; (I) such other projects and activities to re- (B) an increase to 20 percent in the per- store, protect, and assist the recovery of the nadian observers. This Advisory Board centage of Great Lakes shoreline that con- Great Lakes as the Board may determine. will prioritize restoration projects, tains polluted sediments; and (2) DISTRIBUTION.—In providing grants such as invasive species control and (C) the issuance by State and local au- under this section for a fiscal year, the Pro- prevention, wetlands restoration, con- thorities of 1,400 fish consumption advisories gram Office shall ensure that— taminated sediments cleanup, and relating to the Great Lakes; (A) at least 1 project or activity is funded water quality improvements. Addition- (4) the Great Lakes are sources of drinking in each Great Lakes State for the fiscal year; ally, this Advisory Board will provide water for approximately 40,000,000 people in (B) the amount of funds received by each recommendations on which grant ap- the United States and Canada; Great Lakes State under this section for the (5) in the years since the Great Lakes fiscal year is at least 6 percent, but not more plications to fund. The input from the Water Quality Agreement was signed and the than 30 percent, of the total amount of funds Advisory Board ensures that regional United States and Canada agreed to ‘‘restore made available for grants under this section leaders will be critical in determining and maintain the chemical, physical, and bi- for the fiscal year; the long-term future of the Great ological integrity of the waters of the Great (C) each project or activity for which fund- Lakes. Lakes Basin and give priority attention to ing is provided results in 1 or more tangible As the April 2003 GAO study reported, the 43 designated Areas of Concern’’, no sites improvements in the Great Lakes watershed; environmental restoration activities in have been restored in the United States; and the Great Lakes suffer from lack of co- (6) it is the responsibility of the Federal (D) each project or activity for which fund- ordination. The second goal of this leg- Government and State and local govern- ing is provided addresses 1 or more priority ments to ensure that the Great Lakes re- issue areas identified by the Board for the islation is the codification of the Great main a clean and safe source of water for fiscal year. Lakes Interagency Task Force to co- drinking, fishing, and swimming; and (3) GRANT EVALUATION.— ordinate Federal activities in the Great (7) while the total quantity of resources (A) IN GENERAL.—In evaluating grant pro- Lakes region. The EPA’s Great Lakes needed to restore the Great Lakes is un- posals, the Program Office shall give great

VerDate jul 14 2003 02:36 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.056 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2013 weight to the ranking of proposals by the (ii) the Lake Michigan Federation; (A) existing data and science-based indica- Board under section 5(c)(3). (iii) the National Wildlife Federation; tors of water quality and related environ- (B) DECISION NOT TO FUND.—Not later than (iv) the Sierra Club; and mental factors, and other factors; 30 days after the date of the determination, (v) The Nature Conservancy; (B) focusing on outcomes such as cleaner if the Program Office decides not to fund a (E) 5 representatives of industry selected water, sustainable fisheries, and biodiversity grant proposal ranked by the Board as 1 of by the chairperson of the Board; of the Great Lakes system; and the top 10 proposals meriting funding, the (F) the Chairperson of the United States (C) ensuring that Federal policies, strate- Program Office shall provide to the Board a section of the International Joint Com- gies, projects, and priorities support measur- written statement explaining the reasons mittee; able results; why the proposal was not funded. (G) the Vice Chairperson of the United (5) to exchange information regarding poli- (4) FUNDING LIMITATIONS.—Funds provided States section of the Great Lakes Fishery cies, strategies, projects, and priorities re- under the Program shall not be used for any Commission; lated to the Great Lakes system between the of the following activities: (H) the Chairperson of the Great Lakes agencies represented on the Task Force; (A) Design, construction, or improvement Commission; and (6) to coordinate action of the Federal Gov- of a road, except as required in connection (I) 3 representatives of Native Americans ernment associated with the Great Lakes with a sewer upgrade. selected by the President. system; (B) Design, implementation, or evaluation (3) DATE OF APPOINTMENTS.—The appoint- (7) to ensure coordinated Federal scientific of a research or monitoring project or activ- ment of each member of the Board shall be and other research associated with the Great ity, except as required in connection with a made not later than 90 days after the date of Lakes system; project or activity that will result in a tan- enactment of this Act. (8) to ensure coordinated development and gible improvement to the Great Lakes wa- (4) TERM; VACANCIES.— implementation of the Great Lakes portion tershed. (A) TERM.—A member of the Board shall be of the Global Earth Observation System of (C) Design or implementation of a beautifi- appointed for 5 years. Systems by the Federal Government; and cation project or activity that does not re- (B) VACANCIES.—A vacancy on the Board— (9) to provide assistance and support to sult in a tangible improvement to the Great (i) shall not affect the powers of the Board; agencies represented on the Task Force in Lakes watershed. and the activities of the agencies related to the (D) Litigation expenses, including legal ac- (ii) shall be filled in the same manner as Great Lakes system. tions to address violations of the Federal the original appointment was made. Water Pollution Control Act (33 U.S.C. 1251 (5) MEETINGS.—The Board shall meet at the (c) MEMBERSHIP AND OPERATION.— et seq.), the Endangered Species Act of 1973 call of the chairperson. (1) IN GENERAL.—The Task Force shall con- (16 U.S.C. 1531 et seq.), or any other environ- (6) CHAIRPERSON.—The Board shall select a sist of— mental law or regulation. chairperson of the Board from the members (A) the Administrator of the Environ- (E) Lobbying expenses (as defined in sec- appointed under paragraph (1)(A). mental Protection Agency; tion 2 of the Lobbying Disclosure Act of 1995 (c) DUTIES.— (B) the Secretary of State; (2 U.S.C. 1602)). (1) IN GENERAL.—Before the beginning of (C) the Secretary of the Interior; (c) AUTHORIZATION OF APPROPRIATIONS.— the fiscal year, the Board shall determine by (D) the Secretary of Agriculture; (1) IN GENERAL.—There is authorized to be majority vote, and shall submit to the Pro- (E) the Secretary of Commerce; appropriated to carry out this section gram Office, the funding priority issue areas (F) the Secretary of Housing and Urban $600,000,000 for each of fiscal years 2006 that shall apply to all grants provided under Development; through 2015. section 4 during the fiscal year. (G) the Secretary of Transportation; (2) COST SHARING.—The Federal share of (2) GREAT LAKES GOALS.—The priorities (H) the Secretary of Homeland Security; the cost of any project or activity carried shall be based on environmental restoration (I) the Secretary of the Army; and out using funds made available under para- goals for the Great Lakes that— (J) the Chairperson of the Council on Envi- graph (1) shall not exceed 80 percent. (A) are prepared by the Governors of Great ronmental Quality. (3) IN-KIND CONTRIBUTIONS.—The non-Fed- Lakes States; and (2) OPERATION.—A member of the Task eral share of the cost of any project or activ- (B) identify specific objectives and the best Force may designate to perform the Task ity carried out using funds made available methods by which to produce a tangible im- Force functions of the member any person under paragraph (1) may be provided in cash provement to the Great Lakes. who is part of the department, agency, or of- or in kind. (3) GRANTS.— fice of the member and who is— SEC. 5. GREAT LAKES ENVIRONMENTAL RES- (A) PROGRAM OFFICE.—The Program Office (A) an officer of the United States ap- TORATION ADVISORY BOARD. shall provide to the Board, in a timely man- pointed by the President; or (a) ESTABLISHMENT.—There is established a ner, copies of grant proposals submitted (B) a full-time employee of the United committee to be known as the ‘‘Great Lakes under section 4. States serving in a position with pay equal Environmental Restoration Advisory (B) BOARD.—The Board shall— to or great than the minimum rate payable Board’’. (i) review the grant proposals; and for grade GS-15 of the General Schedule. (b) MEMBERSHIP.— (ii) by a date specified by the Program Of- (d) CHAIRPERSON.—The Administrator of (1) IN GENERAL.—The Board shall be com- fice, provide to the Program Office a list of posed of 21 voting members (or designees of the Environmental Protection Agency shall the grant applications that the Board rec- serve as chairperson of the Task Force. the members), of whom— ommends for funding, ranked in order of the (A) 8 shall be the Governors of the Great applications that most merit funding. (e) DUTIES.— Lakes States; SEC. 6. GREAT LAKES INTERAGENCY TASK (1) GREAT LAKES REGIONAL WORKING (B) 1 shall be the Director of the Great FORCE. GROUP.— Lakes National Program Office; (a) ESTABLISHMENT.—There is established, (A) IN GENERAL.—The Task Force shall es- (C) 1 shall be the Secretary of the Interior; in the Environmental Protection Agency, tablish a Great Lakes regional working (D) 1 shall be the Director of the National the Great Lakes Interagency Task Force. group to coordinate and make recommenda- Oceanic and Atmospheric Administration; (b) PURPOSES.—The purposes of the Task tions on how to implement the policies, (E) 1 shall be the Chief of Engineers; Force are— strategies, projects, and priorities of the (F) 1 shall be the Secretary of Agriculture; (1) to help establish a process for collabora- Task Force. and tion among the members of the Task Force, (B) MEMBERSHIP.—The working group es- (G) 8 shall be chief executives of cities, the members of the working group estab- tablished under subparagraph (A) shall con- counties, or municipalities in the Great lished under subsection (e)(1), the Great sist of the appropriate regional adminis- Lakes basin and selected by the Steering Lakes States, local communities, tribes, re- trator or director with programmatic re- Committee of the Great Lakes Cities Initia- gional bodies, and other interests in the sponsibility for the Great Lakes system for tive, including 1 member from each Great Great Lakes region regarding policies, strat- each agency represented on the Task Force, Lakes State. egies, projects, and priorities for the Great including— (2) OBSERVERS.—The Board may include Lakes system; (i) the Great Lakes National Program Of- observers, including— (2) to collaborate with Canada and bina- fice of the Environmental Protection Agen- (A) the Premiers of the Canadian Provinces tional bodies involved in the Great Lakes re- cy; of Ontario and Quebec; gion regarding policies, strategies, projects, (ii) the United States Fish and Wildlife (B) a representative of the Government of and priorities for the Great Lakes system; Service of the Department of the Interior; Canada; (3) to coordinate the development of con- (iii) the National Park Service of the De- (C) a representative of the State Depart- sistent Federal policies, strategies, projects, partment of the Interior; ment; and priorities for addressing the restoration (iv) the United States Geological Survey of (D) 8 representatives of environmental or- and protection of the Great Lakes system the Department of the Interior; ganizations (with 1 member appointed by the and assisting in the appropriate management (v) the Natural Resources Conservation Governor of each Great Lakes State), includ- of the Great Lakes system; Service of the Department of Agriculture; ing— (4) to develop outcome-based goals for the (vi) the Forest Service of the Department (i) Great Lakes United; Great Lakes system relying on— of Agriculture;

VerDate jul 14 2003 02:36 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.054 S03PT1 S2014 CONGRESSIONAL RECORD — SENATE March 3, 2005 (vii) the National Oceanic and Atmos- ‘‘(C) $8,000,000 for fiscal year 2008; and ing trades on electronic trading facili- pheric Administration of the Department of ‘‘(D) $10,000,000 for fiscal year 2009.’’. ties, the bill requires large sophisti- Commerce; cated traders to keep records and re- (viii) the Department of Housing and By Mrs. FEINSTEIN (for herself, port large trades to the CFTC. This Urban Development; Mr. LEVIN, Mr. WYDEN, Mr. (ix) the Department of Transportation; does not change the law, only applies HARKIN, and Ms. CANTWELL): the law that exists for futures con- (x) the Coast Guard in the Department of S. 509. A bill to improve the oper- Homeland Security; and tracts to over the counter trades in the (xi) the Corps of Engineers. ation of energy markets; to the Com- energy markets. (2) PRINCIPLES OF SUCCESSFUL REGIONAL mittee on Agriculture, Nutrition, and Limit on Use of Data. Requires the COLLABORATION.—The chairperson of the Forestry. Commodity Futures Trading Commis- Task Force shall coordinate the development Mrs. FEINSTEIN. Mr. President, in sion to seek information that is nec- of a set of principles of successful regional light of the most recent evidence un- essary for the limited purposes of de- collaboration to advance the policy set forth covered about Enron’s participation in tecting and preventing manipulation in in section 1 of the Great Lakes Interagency the Western Energy Crisis, I rise today Task Force: Executive Order dated May 18, the futures and over the counter mar- 2004. to introduce the Energy Market Over- kets for energy; to keep proprietary (3) REPORT.—Not later than May 31, 2005, sight Bill with Senators LEVIN, HARKIN, trade and business data confidential and annually thereafter as appropriate, the CANTWELL and WYDEN. except when used for law enforcement Task Force shall submit to the President a This bill would: Improve Price Trans- purposes. This does not require the report that— parency in Wholesale Electricity Mar- real-time publication of proprietary (A) summarizes the activities of the Task kets. The bill directs the Federal En- data. Force; and ergy Regulatory Commission to estab- (B) provides any recommendations that No Effect on Non-Energy Commod- would, in the judgment of the Task Force, lish an electronic system to provide in- ities or Derivatives. The bill would not advance the policy set forth in section 1 of formation about the price and avail- alter or affect the regulation of futures the Great Lakes Interagency Task Force: ability of wholesale electricity to buy- markets, financial derivatives, or met- Executive Order dated May 18, 2004. ers, and sellers, and the public. als. We have specifically stated on page SEC. 7. GREAT LAKES WATER QUALITY INDICA- Prohibit Round Trip Electricity 20 the following: ‘‘The amendments TORS AND MONITORING. Trades. The bill prohibits the simulta- made by this title have no effect on the (a) IN GENERAL.—Section 118(c)(1) of the neous buying and selling of the same Federal Water Pollution Control Act (33 regulation of excluded commodities U.S.C. 1268(c)(1)) is amended by striking sub- quantity of electricity at the same under the Commodity Exchange Act.’’ paragraph (B) and inserting the following: price in the same location with no fi- In addition, the bill states: ‘‘The ‘‘(B)(i) not later than 2 years after the date nancial gain or loss. Round trip or amendments made by this title have no of enactment of this clause, in cooperation ‘‘wash trades’’ are essentially bogus effect on the regulation of metals with Canada and appropriate Federal agen- trades whereby no electricity changes under the Commodity Exchange Act.’’ cies (including the United States Geological hands, but the profit from the trades The Western Energy Crisis of 2000– Survey, the National Oceanic and Atmos- enriches the bottom-line of a com- 2001 has still not been resolved. Mean- pheric Administration, and the United pany’s financial report. while, more and more information States Fish and Wildlife Service), develop about Enron’s role in the crisis and implement a set of science-based indica- Increase Penalties for Violations of tors of water quality and related environ- Federal Power Act. Maximum fines for emerges. On February 3, 2005, the Sno- mental factors in the Great Lakes, includ- violations of the Federal Power Act are homish Public Utility District released ing, at a minimum, measures of toxic pollut- increased from $5,000 to $1,000,000.; and transcripts of tapes showing that on ants that have accumulated in the Great maximum sentences are increased from January 17, 2001, Enron traders con- Lakes for a substantial period of time, as de- 2 to 5 years. Current fines are extraor- cocted false repairs for a Las Vegas termined by the Program Office; dinarily low and therefore provide no power plant—making power unavail- ‘‘(ii) not later than 4 years after the date of deterrence to illegal activity. able that would have been delivered to enactment of this clause— California—on the very same day that ‘‘(I) establish a Federal network for the Increase Penalties for Violations of regular monitoring of, and collection of data Natural Gas Act. The bill increases supplies were so tight that Northern throughout, the Great Lakes basin with re- maximum fines for violations of the California experienced a Stage 3 power spect to the indicators described in clause Natural Gas Act from $5,000 to emergency and rolling blackouts hit as (i); and $1,000,000. many as 2 million consumers. ‘‘(II) collect an initial set of benchmark Prohibit Manipulation in Electricity By taking the plant offline, Enron data from the network; and Markets. Manipulation is prohibited in was also in direct violation of an Emer- ‘‘(iii) not later than 2 years after the date the wholesale electricity markets and gency Power Order by U.S. Energy Sec- of collection of the data described in clause retary Bill Richardson that required (ii)(II), and biennially thereafter, in addition FERC is given discretionary authority to the report required under paragraph (10), to revoke market-based rates for viola- power generators to make power avail- submit to Congress, and make available to tions. Strangely enough, manipulation able to California. the public, a report that— of energy markets is not specifically Telephone transcripts between Enron ‘‘(I) describes the water quality and related prohibited. This would add language to and the Las Vegas plant confirming the environmental factors of the Great Lakes Part II of the Federal Power Act. effort to falsify repairs read as follows: (including any changes in those factors), as Repeal the ‘‘Enron exemption’’. Re- BILL: Rich: Ah, we want you guys to get a determined through the regular monitoring peals the Commodities Future Mod- little creative. of indicators under clause (ii)(I) for the pe- RICH: OK. riod covered by the report; and ernization Act exemption for large BILL: And come up with a reason to go ‘‘(II) identifies any emerging problems in traders in energy commodities and ap- down. the water quality or related environmental plies the anti-manipulation and anti- RICH: OK. factors of the Great Lakes.’’. fraud provisions of the Commodities BILL: Anything you want to do over there? (b) AUTHORIZATION OF APPROPRIATIONS.— Exchange Act to all Over the Counter Any—— Section 118 of the Federal Water Pollution RICH: Ah—— trades in energy commodities and de- BILL: Cleaning, anything like that? Control Act (33 U.S.C. 1268) is amended by rivatives. In my view, when Congress striking subsection (h) and inserting the fol- RICH: Yeah, Yeah. There’s some stuff we lowing: exempted energy from the Commodity could be doing. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— Futures Modernization Act of 2000, it Enron knew exactly what it was ‘‘(1) IN GENERAL.—There is authorized to be created the playing field for the West- doing when it manipulated the Western appropriated to carry out this section (other ern Energy Crisis of 2000 and 2001, and Energy markets. Enron traders tested than subsection (c)(1)(B)) $25,000,000 for each cost millions of people millions of dol- gaming techniques in the California of fiscal years 2006 through 2010. lars. market as early as May 1998, creating ‘‘(2) GREAT LAKES WATER QUALITY INDICA- Provide CFTC the Tools to Monitor imbalances in the California market as TORS AND MONITORING.—There are authorized to be appropriated to carry out subsection OTC Energy Markets. For Over the a result of loopholes it discovered in (c)(1)(B)— Counter trades in energy commodities the system. ‘‘(A) $4,000,000 for fiscal year 2006; and derivatives that perform a signifi- The schemes the company used in ‘‘(B) $6,000,000 for fiscal year 2007; cant price discovery function, includ- 2000–2001 had already been rehearsed in

VerDate jul 14 2003 04:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.054 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2015 Canada. ‘‘Project Stanley’’ was one TITLE II—MARKET MANIPULATION ‘‘(1) enters into a contract or other ar- such technique—Enron traders inflated Sec. 201. Prohibition of market manipula- rangement to purchase from, or sell to, any energy prices in Alberta, Canada by tion. other person or entity electric energy at TITLE III—ENERGY MARKET OVERSIGHT wholesale; and colluding with other energy marketers. ‘‘(2) simultaneously with entering into the Enron advocated for ‘‘de-regulation’’ Sec. 301. Over-the-counter transactions in contract or arrangement described in para- of California’s energy markets while energy commodities. graph (1), arranges a financially offsetting drafting language that was full of loop- Sec. 302. Electronic trading facilities for en- trade with the other person or entity for the holes it could exploit. Similarly, the ergy commodities. same electric energy at substantially the Sec. 303. No effect on other authority. company was the main force behind a same location, price, quantity, and terms so Sec. 304. Prohibition of fraudulent trans- that, collectively, the purchase and sale provision that exempted it from federal actions. oversight. This exemption, known as transactions in themselves result in a de Sec. 305. Criminal and civil penalties. minimis or no financial gain or loss.’’. the ‘‘Enron loophole,’’ was created in Sec. 306. Conforming amendments. SEC. 103. ENFORCEMENT. 2000 when Congress passed the Com- TITLE I—TRANSPARENCY IN WHOLESALE (a) COMPLAINTS.—Section 306 of the Federal modity Futures Modernization Act. ELECTRICITY MARKETS Power Act (16 U.S.C. 825e) is amended— The loophole exempted energy trad- SEC. 101. MARKET TRANSPARENCY. (1) in the first sentence— ing from regulatory oversight and ex- Part II of the Federal Power Act (16 U.S.C. (A) by inserting ‘‘(including an electric cluded it completely if the trade was 824 et seq.) is amended by adding at the end utility)’’ after ‘‘Any person’’; and done electronically. the following: (B) by inserting ‘‘, transmitting utility,’’ We must close this loophole in order ‘‘SEC. 215. MARKET TRANSPARENCY. after ‘‘licensee’’; and ‘‘(a) IN GENERAL.—Not later than 180 days (2) in the second sentence, by inserting ‘‘, to prohibit fraud and price manipula- transmitting utility,’’ after ‘‘licensee’’. tion in all over-the-counter energy after the date of enactment of this section, the Commission shall promulgate regula- (b) INVESTIGATIONS.—Section 307(a) of the commodity transactions, and provide tions establishing an electronic information Federal Power Act (16 U.S.C. 825f(a)) is amended in the first sentence by inserting the Commodity Futures Trading Com- system to provide the Commission and the ‘‘(including a transmitting utility)’’ after mission the authority it needs to inves- public with access to such information as is ‘‘any person’’. tigate and prosecute allegations of appropriate to facilitate price transparency (c) REVIEW OF COMMISSION ORDERS.—Sec- fraud and manipulation. and participation in markets subject to the tion 313(a) of the Federal Power Act (16 We need to give the CFTC this au- jurisdiction of the Commission. U.S.C. 825l) is amended in the first sentence thority because we learned during the ‘‘(b) INFORMATION TO BE MADE AVAIL- by inserting ‘‘(including an electric utility)’’ Western Energy Crisis that there was ABLE.— after ‘‘Any person’’. ‘‘(1) IN GENERAL.—The system under sub- (d) CRIMINAL PENALTIES.—Section 316 of pervasive manipulation and fraud in section (a) shall provide information about energy markets, and that FERC and the Federal Power Act (16 U.S.C. 825o) is the availability and market price of whole- amended— the CFTC were unable or unwilling to sale electric energy and transmission serv- (1) in subsection (a)— use the authority they had to inter- ices to the Commission, State commissions, (A) by striking ‘‘$5,000’’ and inserting vene. buyers and sellers of wholesale electric en- ‘‘$1,000,000’’; and We need to give the CFTC this au- ergy, users of transmission services, and the (B) by striking ‘‘two years’’ and inserting thority because we need regulators to public. ‘‘5 years’’; protect consumers and make sure ‘‘(2) PROTECTION OF CONSUMERS AND COM- (2) in subsection (b), by striking ‘‘$500’’ and they’re not taken advantage of. PETITIVE MARKETS.—In determining the in- inserting ‘‘$25,000’’; and formation to be made available under the We need to give the CFTC this au- (3) by striking subsection (c). system and the time at which to make such (e) CIVIL PENALTIES.—Section 316A of the thority because when there are inad- information available, the Commission shall Federal Power Act (16 U.S.C. 825o–1) is equate regulations, consumers are seek to ensure that consumers and competi- amended— ripped off. tive markets are protected from false or mis- (1) in subsections (a) and (b), by striking The Western Energy Crisis cost Cali- leading information and from the adverse ef- ‘‘section 211, 212, 213, or 214’’ each place it ap- fornia about $40 billion. California has fects of potential collusion or other anti- pears and inserting ‘‘part II’’; and been asking for $9 billion in refunds. competitive behaviors that can be facilitated (2) in subsection (b), by striking ‘‘$10,000’’ and inserting ‘‘$1,000,000’’. However, given the fact that Enron is by untimely public disclosure of transaction- specific information. (f) GENERAL PENALTIES.—Section 21 of the in bankruptcy, it would be a miracle if ‘‘(c) AUTHORITY TO OBTAIN INFORMATION.— Natural Gas Act (15 U.S.C. 717t) is amended— the State receives even half of that The Commission shall have authority to ob- (1) in subsection (a), by striking ‘‘$5,000’’ amount. tain information described in subsections (a) and inserting ‘‘$1,000,000’’, and by striking Yet there is nothing preventing an- and (b) from any electric utility or transmit- ‘‘two years’’ and inserting ‘‘5 years’’; and other energy crisis from happening ting utility (including any entity described (2) in subsection (b), by striking ‘‘$500’’ and again, in my State or elsewhere. in section 201(f)). inserting ‘‘$50,000’’. Therefore, we need Federal oversight ‘‘(d) EXEMPTION.—The Commission shall SEC. 104. REFUND EFFECTIVE DATE. exempt from disclosure information that the Section 206(b) of the Federal Power Act (16 of our energy markets. U.S.C. 824e(b)) is amended— I ask unanimous consent that the Commission determines would, if disclosed— ‘‘(1) be detrimental to the operation of an (1) in the second sentence, by striking ‘‘the text of the bill be printed in the effective market; or date 60 days after the filing of such com- RECORD. ‘‘(2) jeopardize system security. plaint nor later than 5 months after the expi- There being no objection, the bill was ‘‘(e) APPLICABILITY.—The system under ration of such 60-day period’’ and inserting ordered to be printed in the RECORD, as subsection (a) shall not apply to an entity ‘‘the date of the filing of the complaint nor follows: described in section 212(k)(2)(B) with respect later than 5 months after the filing of the complaint’’; S. 509 to transactions for the purchase or sale of wholesale electric energy and transmission (2) in the third sentence— Be it enacted by the Senate and House of Rep- services within the area described in section (A) by striking ‘‘60 days after the’’ and in- resentatives of the United States of America in 212(k)(2)(A).’’. serting ‘‘of’’; and Congress assembled, (B) by striking ‘‘expiration of such 60-day SEC. 102. ROUND TRIP TRADING. period’’ and inserting ‘‘publication date’’; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Part II of the Federal Power Act (16 U.S.C. and (a) SHORT TITLE.—This Act may be cited as 824 et seq.) (as amended by section 101) is (3) by striking the fifth sentence and in- the ‘‘Energy Markets Improvement Act of amended by adding at the end the following: 2005’’. serting the following: ‘‘If no final decision is ‘‘SEC. 216. ROUND TRIP TRADING. (b) TABLE OF CONTENTS.—The table of con- rendered by the conclusion of the 180-day pe- tents of this Act is as follows: ‘‘(a) PROHIBITION.—It shall be unlawful for riod that begins on the date of institution of any person or entity (including an entity de- Sec. 1. Short title; table of contents. a proceeding under this section, the Commis- scribed in section 201(f)) knowingly to enter sion shall state the reasons why the Commis- TITLE I—TRANSPARENCY IN into any contract or other arrangement to sion has failed to do so and shall state its WHOLESALE ELECTRICITY MARKETS execute a round trip trade. best estimate as to when the Commission Sec. 101. Market transparency. ‘‘(b) DEFINITION OF ROUND TRIP TRADE.—In reasonably expects to render a final deci- Sec. 102. Round trip trading. this section, the term ‘round trip trade’ sion.’’. Sec. 103. Enforcement. means a transaction (or combination of SEC. 105. DISCOVERY AND EVIDENTIARY HEAR- Sec. 104. Refund effective date. transactions) in which a person or entity, INGS UNDER THE FEDERAL POWER Sec. 105. Discovery and evidentiary hearings with the intent to affect reported revenues, ACT. under the Federal Power Act. trading volumes, or prices— The Federal Power Act is amended—

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(1) in section 206 (16 U.S.C. 824e), by adding ‘‘(35) ENERGY COMMODITY.— ‘‘(aa) substantial quantities of the com- at the end the following: ‘‘(A) IN GENERAL.—The term ‘energy com- modity in the cash market; or ‘‘(e) DISCOVERY AND EVIDENTIARY HEAR- modity’ means a commodity (other than an ‘‘(bb) substantial positions, investments, INGS.—On receipt of a complaint by a State excluded commodity, a metal, or an agricul- or trades in agreements or contracts related or a State Commission under subsection (a), tural commodity) that is used as a source of to energy commodities. the Commission shall provide— energy. ‘‘(III) MANNER OF COMPLIANCE.—The Com- ‘‘(1) an opportunity for the State or the ‘‘(B) INCLUSIONS.—The term ‘energy com- mission shall specify when and how such in- State Commission to conduct reasonable dis- modity’ includes— formation shall be provided and maintained covery; and ‘‘(i) coal; by eligible contract participants and eligible ‘‘(2) on request of the State or the State ‘‘(ii) crude oil, gasoline, heating oil, and commercial entities. Commission and a showing of a dispute as to propane; ‘‘(IV) PRICE DISCOVERY TRANSACTIONS.— material facts, an evidentiary hearing.’’; and ‘‘(iii) electricity; and ‘‘(aa) IN GENERAL.—In specifying the infor- (2) in section 306 (16 U.S.C. 825e)— ‘‘(iv) natural gas. mation to be provided under this paragraph, (A) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘(36) ELECTRONIC ENERGY TRADING FACIL- the Commission shall identify the trans- ‘‘Any person’’; and ITY.—The term ‘electronic energy trading fa- actions or class of transactions that the (B) by adding at the end the following: cility’ means an electronic trading facility Commission considers to perform a signifi- ‘‘(b) DISCOVERY AND EVIDENTIARY HEAR- on or through which included energy trans- cant price discovery function. INGS.—On receipt of a complaint by a State actions are traded or executed.’’. ‘‘(bb) CONSIDERATIONS.—In determining or State Commission under this section, the (b) OFF-EXCHANGE TRANSACTIONS IN EN- which included energy transactions perform Commission shall provide— ERGY COMMODITIES.—Section 2(g) of the Com- a significant price discovery function, the ‘‘(1) an opportunity for the State or the modity Exchange Act (7 U.S.C. 2(g)) is Commission shall consider the extent to State Commission to conduct reasonable dis- amended— which— covery; and (1) by inserting ‘‘or an energy commodity’’ ‘‘(AA) standardized agreements are used to ‘‘(2) on request of the State or the State after ‘‘agricultural commodity’’; execute the transactions; Commission and a showing of dispute as to (2) by redesignating paragraphs (1) through ‘‘(BB) the transactions involve standard- material facts, an evidentiary hearing.’’. (3) as subparagraphs (A) through (C), respec- ized types or measures of a commodity; tively; TITLE II—MARKET MANIPULATION ‘‘(CC) the prices of the transactions are re- (3) by striking ‘‘No provision’’ and insert- ported to third parties, published, or dis- SEC. 201. PROHIBITION OF MARKET MANIPULA- ing the following: seminated; TION. ‘‘(1) IN GENERAL.—No provision’’; and ‘‘(DD) the prices of the transactions are (a) IN GENERAL.—Part II of the Federal (4) by adding at the end the following: referenced in other transactions; and Power Act (as amended by section 102) is ‘‘(2) TRANSACTIONS IN ENERGY COMMOD- ‘‘(EE) other factors considered appropriate amended by adding at the end the following: ITIES.— by the Commission. ‘‘SEC. 217. PROHIBITION OF MARKET MANIPULA- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(V) PERSONS FILING.— TION. subparagraphs (B) and (C) and subsection ‘‘(aa) IN GENERAL.—The Commission, in its ‘‘(a) IN GENERAL.—It shall be unlawful for (h)(7), nothing in this Act applies to an in- discretion, may allow large trader position any person, directly or indirectly, to know- cluded energy transaction. reports required to be provided by an eligible ingly use or employ, in connection with the ‘‘(B) PROHIBITED CONDUCT.— commercial entity to be provided by an elec- purchase or sale of electric energy or the ‘‘(i) IN GENERAL.—An included energy tronic energy trading facility if the eligible purchase or sale of transmission services transaction shall be subject to— commercial entity authorizes the facility to subject to the jurisdiction of the Commis- ‘‘(I) sections 5b, 12(e)(2)(B), and 22(a)(4); and provide such information on its behalf. sion, any manipulative or deceptive device ‘‘(II) the prohibitions in sections 4b, 4c(a), ‘‘(bb) INFORMATION AND ENFORCEMENT.— or contrivance to affect the price, avail- 4c(b), 4o, 6(c), 6(d), 6c, 6d, 8a, and 9(a)(2). Nothing in an authorization under item (aa) ability, or reliability of the electric energy ‘‘(ii) TRANSACTIONS EXEMPTED BY COMMIS- shall impair the ability of the Commission or transmission services. SION ACTION.—Notwithstanding any exemp- to obtain information from an eligible com- ‘‘(b) REGULATIONS.—The Commission may tion by the Commission under section 4(c), mercial entity or otherwise enforce this Act. promulgate regulations as appropriate in the an included energy transaction shall be sub- ‘‘(VI) REGULATIONS.—Not later than 180 public interest or for the protection of elec- ject to the sections specified in clause (i) of days after the date of enactment of this tric ratepayers to enforce this section.’’. this subparagraph, subparagraph (C), and paragraph, the Commission shall issue a no- (b) ADDITIONAL REMEDY FOR MARKET MA- subsection (h)(7). tice of proposed rulemaking, and not later NIPULATION.—Section 206 of the Federal ‘‘(C) REPORTING AND RECORDKEEPING RE- than 1 year after the date of enactment of Power Act (16 U.S.C. 824e) is amended by QUIREMENTS.— this paragraph, the Commission shall pro- adding at the end the following: ‘‘(i) IN GENERAL.—An eligible contract par- mulgate final regulations, specifying the in- ‘‘(e) REMEDY FOR MARKET MANIPULATION.— ticipant that enters into or executes an in- formation to be provided and maintained If the Commission finds that a public utility cluded energy transaction that performs, or under this subparagraph.’’. has knowingly employed any manipulative together with other such transactions per- SEC. 302. ELECTRONIC TRADING FACILITIES FOR or deceptive device or contrivance in viola- forms, a significant price discovery function ENERGY COMMODITIES. tion of this Act (including a regulation pro- in the cash market for an energy commodity Section 2(h) of the Commodity Exchange mulgated under this Act), the Commission or in any other market for agreements, con- Act (7 U.S.C. 2(h)) is amended— may, in addition to any other remedy avail- tracts, or transactions relating to an energy (1) in paragraph (1), by inserting after ‘‘an able under this Act, revoke the authority of commodity, or an eligible commercial entity exempt commodity’’ the following: ‘‘other the public utility to charge market-based that enters into or executes an included en- than an energy commodity’’; rates.’’. ergy transaction described in section (2) in paragraph (3), by inserting after ‘‘an TITLE III—ENERGY MARKET OVERSIGHT 1a(34)(A) shall— exempt commodity’’ the following: ‘‘other SEC. 301. OVER-THE-COUNTER TRANSACTIONS IN ‘‘(I) provide to the Commission on a timely than an energy commodity’’; and ENERGY COMMODITIES. basis the information required under clause (3) by adding at the end the following: (a) DEFINITIONS.—Section 1a of the Com- (ii); and ‘‘(7) ENERGY TRANSACTIONS.— modity Exchange Act (7 U.S.C. 1a) is amend- ‘‘(II)(aa) consistent with section 4i, main- ‘‘(A) IN GENERAL.—To the extent that the ed by adding at the end the following: tain books and records relating to each in- Commission determines to be appropriate ‘‘(34) INCLUDED ENERGY TRANSACTION.—The cluded energy transaction, for a period of at under subparagraph (C), an electronic energy term ‘included energy transaction’ means a least 5 years after the date of the trans- trading facility shall— contract, agreement, or transaction in an en- action, in such form as the Commission shall ‘‘(i) be subject to the requirements of sec- ergy commodity that is— require; and tion 5a, to the extent provided in sections ‘‘(A)(i) executed or traded on an electronic ‘‘(bb) keep the books and records open to 5a(g) and 5d; trading facility; and inspection by any representative of the Com- ‘‘(ii)(I) consistent with section 4i, maintain ‘‘(ii) entered into on a principal-to-prin- mission or the Attorney General. books and records relating to the business of cipal basis solely between persons that are ‘‘(ii) REQUIRED INFORMATION.— the electronic energy trading facility, in- eligible commercial entities at the time the ‘‘(I) IN GENERAL.—The Commission shall cluding books and records relating to each persons enter into the agreement, contract, require that such information regarding in- transaction in such form as the Commission or transaction; or cluded energy transactions be provided to may require; and ‘‘(B)(i) executed or traded not on or the Commission as the Commission con- ‘‘(II) make the books and records required through a trading facility; and siders necessary to assist in detecting and under this section available to representa- ‘‘(ii) entered into solely between persons preventing price manipulation. tives of the Commission and the Attorney that are eligible contract participants at the ‘‘(II) INFORMATION TO BE INCLUDED.—Such General for inspection for a period of at least time the persons enter into the agreement, information shall include information re- 5 years after the date of each included en- contract, or transaction, regardless of the garding large trading positions obtained ergy transaction; means of execution of the agreement, con- through 1 or more included energy trans- ‘‘(iii) make available to the public infor- tract, or transaction. actions that involve— mation on trading volumes, settlement

VerDate jul 14 2003 02:36 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.060 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2017 prices, open interest (where applicable), and statement or willfully to enter or cause to be may seek and the court shall have jurisdic- opening and closing ranges (or daily highs entered for the other person any false record; tion to impose, on a proper showing, on any and lows, as appropriate) for included energy ‘‘(iii) willfully to deceive or attempt to de- person found in the action to have com- transactions; and ceive the other person by any means whatso- mitted any violation— ‘‘(iv) provide the information to the Com- ever in regard to any order or contract or the ‘‘(1) a civil penalty in the amount of not mission in such form and at such times as disposition or execution of any order or con- more than the greater of $100,000 or triple the the Commission may require. tract, or in regard to any act of agency per- monetary gain to the person for each viola- ‘‘(B) APPLICABILITY OF OTHER PROVISIONS.— formed, with respect to any order or con- tion; or ‘‘(i) PARAGRAPH 5.—An electronic energy tract for (or, in the case of a contract de- ‘‘(2) in any case of manipulation of, or an trading facility shall comply with paragraph scribed in subparagraph (B), with the other attempt to manipulate, the price of any com- (5). person); or modity, a civil penalty in the amount of not ‘‘(ii) PARAGRAPH 6.—Paragraph (6) shall ‘‘(iv)(I) to bucket an order represented by more than the greater of $1,000,000 or triple apply with respect to a subpoena issued to the person as an order to be executed, for or the monetary gain to the person for each any foreign person that the Commission be- on behalf of the other person, on an orga- violation.’’. lieves is conducting or has conducted trans- nized exchange; or (e) VIOLATIONS GENERALLY.—Section 9(a) of actions on or through an electronic energy ‘‘(II) to— the Commodity Exchange Act (7 U.S.C. 13) is trading facility. ‘‘(aa) fill an order by offset against the amended— ‘‘(C) REGULATIONS.—Not later than 180 days order or orders of the other person; or (1) by striking ‘‘(or $500,000 in the case of a after the date of enactment of this para- ‘‘(bb) willfully and knowingly and without person who is an individual)’’; graph, the Commission shall issue a notice of the prior consent of the other person, to— (2) by striking ‘‘five years’’ and inserting proposed rulemaking, and not later than 1 ‘‘(AA) become the buyer in respect to any ‘‘10 years’’; and year after the date of enactment of this selling order of the other person; or (3) in paragraph (2), by striking ‘‘false or paragraph, the Commission shall promulgate ‘‘(BB) become the seller in respect to any misleading or knowingly inaccurate reports’’ final regulations, specifying the information buying order of the other person; and inserting ‘‘knowingly false, misleading, to be provided, maintained, or made avail- if the order is to be executed on or subject to or inaccurate reports’’. able to the public under subparagraphs (A) the rules of a designated contract market. SEC. 306. CONFORMING AMENDMENTS. and (B). ‘‘(2) LIMITATION.—This subsection does not (a) Section 2 of the Commodity Exchange ‘‘(8) NONDISCLOSURE OF PROPRIETARY INFOR- obligate any person, in connection with a Act (7 U.S.C. 2) is amended— MATION.—In carrying out paragraph (7) and transaction in a contract of sale of a com- (1) in subsection (d)(1), by striking ‘‘section subsection (g)(2), the Commission shall not— modity for future delivery with another per- 5b’’ and inserting ‘‘section 5a(g), 5b,’’; ‘‘(A) require the real-time publication of son, to disclose to any other person non- (2) in subsection (e)(1), by inserting ‘‘(1)’’ proprietary information; public information that may be material to after ‘‘(g)’’; and ‘‘(B) prohibit the commercial sale or li- the market price of the commodity or trans- (3) in subsection (i)— censing of real-time proprietary informa- action, except as necessary to make any (A) in paragraph (1)— tion; or statement made to the other person in con- (i) by striking ‘‘No provision’’ and insert- ‘‘(C) publicly disclose information regard- nection with the transaction not misleading ing ‘‘IN GENERAL.—Subject to subsections ing market positions, business transactions, in any material respect.’’. (g)(2) and (h)(7), no provision’’; and trade secrets, or names of customers, except SEC. 305. CRIMINAL AND CIVIL PENALTIES. (ii) in subparagraph (A), by inserting ‘‘(1)’’ as provided in section 8.’’. (a) ENFORCEMENT POWERS OF COMMISSION.— after ‘‘2(g)’’; and SEC. 303. NO EFFECT ON OTHER AUTHORITY. Section 6(c) of the Commodity Exchange Act (B) in paragraph (2), by striking ‘‘No provi- (a) NO EFFECT ON FERC AUTHORITY.—Noth- (7 U.S.C. 9, 15) is amended in paragraph (3) of sion’’ and inserting ‘‘IN GENERAL.—Subject to ing contained in this title shall affect the ju- the tenth sentence— subsections (g)(2) and (h)(7), no provision’’. risdiction of the Federal Energy Regulatory (1) by inserting ‘‘(A)’’ after ‘‘assess such (b) Section 4i of the Commodity Exchange Commission with respect to the authority of person’’; and Act (7 U.S.C. 6i) is amended in the first sen- the Federal Energy Regulatory Commission (2) by inserting after ‘‘each such violation’’ tence by inserting ‘‘, or pursuant to an ex- under the Federal Power Act (16 U.S.C. 791a the following: ‘‘, or (B) in any case of manip- emption under section 4(c)’’ after ‘‘trans- et seq.), the Natural Gas Act (15 U.S.C. 717 et ulation of, or attempt to manipulate, the action execution facility’’. seq.), or other law to obtain information or price of any commodity, a civil penalty of (c) Section 8a(9) of the Commodity Ex- otherwise carry out the responsibilities of not more than the greater of $1,000,000 or tri- change Act (7 U.S.C. 12a(9)) is amended— the Federal Energy Regulatory Commis- ple the monetary gain to such person for (1) by inserting ‘‘or an electronic energy sion.’’. each such violation,’’. trading facility’’ after ‘‘direct the contract (b) NO EFFECT ON EXCLUDED COMMOD- (b) MANIPULATIONS AND OTHER VIOLA- market’’; ITIES.—The amendments made by this title TIONS.—Section 6(d) of the Commodity Ex- (2) by inserting after ‘‘liquidation of any have no effect on the regulation of excluded change Act (7 U.S.C. 13b) is amended in the futures contract’’ the following: ‘‘or included commodities under the Commodity Ex- first sentence— energy transaction’’; and change Act (7 U.S.C. 1a et seq.). (1) by striking ‘‘paragraph (a) or (b) of sec- (3) by inserting ‘‘or an electronic energy (c) NO EFFECT ON METALS.—The amend- tion 9 of this Act’’ and inserting ‘‘subsection trading facility’’ after ‘‘given by a contract ments made by this title have no effect on (a), (b), or (f) of section 9’’; and market’’. the regulation of metals under the Com- (2) by striking ‘‘said paragraph 9(a) or 9(b)’’ modity Exchange Act (7 U.S.C. 1a et seq.). and inserting ‘‘subsection (a), (b), or (f) of By Mr. WYDEN (for himself and SEC. 304. PROHIBITION OF FRAUDULENT TRANS- section 9’’. Mr. TALENT): ACTIONS. (c) NONENFORCEMENT OF RULES OF GOVERN- S. 510. A bill to reduce and eliminate Section 4b of the Commodity Exchange Act MENT OR OTHER VIOLATIONS.—Section 6b of electronic waste through recycling; to (7 U.S.C. 6b) is amended by striking sub- the Commodity Exchange Act (7 U.S.C. 13a) the Committee on France. section (a) and inserting the following: is amended— ‘‘(a) PROHIBITIONS.— (1) in the first sentence, by inserting before Mr. WYDEN. Mr. President, the pace ‘‘(1) IN GENERAL.—It shall be unlawful (A) the period at the end the following: ‘‘, or, in of technological innovation offers for any person, in or in connection with any any case of manipulation of, or an attempt American consumers an eye-catching order to make, or the making of, any con- to manipulate, the price of any commodity, array of electronic gadgets. But for tract of sale of any commodity for future de- a civil penalty of not more than $1,000,000 for every new lap top or HDTV that goes livery or in interstate commerce, that is each such violation’’; and home from the store with a consumer, made, or to be made, on or subject to the (2) in the second sentence, by inserting be- an old computer or TV gets moved to rules of a designated contract market, for or fore the period at the end the following: ‘‘, the garage or shoved into the back of a on behalf of any other person, or (B) for any except that if the failure or refusal to obey person, in or in connection with any order to or comply with the order involved any of- closet. What to do with the growing make, or the making of, any contract of sale fense under section 9(f), the registered enti- amount of trash from the digital econ- of any commodity for future delivery or ty, director, officer, agent, or employee shall omy is a question that Senator TALENT other agreement, contract or transaction be guilty of a felony and, on conviction, shall and I believe must be addressed before subject to paragraphs (1) and (2) of section be subject to penalties under section 9(f)’’. our landfills are full and foreign coun- 5a(g), that is made, or to be made, for or on (d) ACTION TO ENJOIN OR RESTRAIN VIOLA- tries close their ports to ships loaded behalf of or with, any other person, other TIONS.—Section 6c(d) of the Commodity Ex- down with old US computers. Today we than on or subject to the rules of a des- change Act (7 U.S.C. 13a–1(d)) is amended by are introducing bipartisan legislation ignated contract market— striking ‘‘(d)’’ and all that follows through ‘‘(i) to cheat or defraud or attempt to the end of paragraph (1) and inserting the to jumpstart a nationwide electronic cheat or defraud the other person; following: waste recycling initiative. ‘‘(ii) willfully to make or cause to be made ‘‘(d) CIVIL PENALTIES.—In any action When I was a member of the Com- to such other person any false report or brought under this section, the Commission merce Committee, I helped write the

VerDate jul 14 2003 02:36 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.060 S03PT1 S2018 CONGRESSIONAL RECORD — SENATE March 3, 2005 ground rules for the digital economy. tion would give manufacturers, retail- mitted to continuing to work with My goal was to help create a climate ers and qualified recyclers tax credits them to move the legislation through that would spur the development of over a 3-year period, based on showing Congress. technology so it would become acces- that they had recycled a certain In closing, electronic waste is not sible and affordable to all Americans. amount of e-waste each year and done going away. It’s time to put bipartisan This approach seems to be working. it in a way that is safe and environ- policies in place that will jumpstart One measure of the success of the dig- mentally sound. the creation of a nationwide e-waste ital economy is the sheer number of Third, the bill would give the Envi- recycling infrastructure so that con- computers and electronic gadgets that ronmental Protection Agency a year to sumers have access to recycling facili- Americans own. Americans now spend come up with options for a nationwide ties and get in the habit of recycling more than $130 billion a year on elec- e-waste recycling program that would, these items. I’ve talked to manufactur- tronics, from computers to HDTVs. if approved by Congress, preempt State ers, retailers, recyclers, environmental The boom in consumer spending on plans. Manufacturers, retailers and re- and consumer groups and they tell me electronics and the growth in the dig- cyclers are going to find it increasingly that this issue must be addressed now ital economy are not without a down- difficult to deal with a crazy quilt of 50 by a national rather than state-by- side. In one year alone, some 60 million different State e-waste recycling laws. state approach. This bill is a common- computers and 20 million television These are the incentives, but incen- sense, first step that will help us get a sets become obsolete and more than 500 tives without teeth won’t work. So at handle on the growing problem of elec- million computers will be discarded in the end of 3 years of tax credits, if EPA tronic waste. the decade ending in 2007. These obso- determines that there are enough recy- I ask unanimous consent that the lete computers alone will result in over clers in place, no one who operates a text of the bill be printed in the 6.3 billion pounds of plastic and 1.6 bil- municipal solid waste facility could RECORD. lion pounds of lead in our landfills or knowingly accept any computer, com- There being no objection, the bill was incinerators. puter monitor or television unless the ordered to be printed in the RECORD, as Electronic waste, or e-waste, is not e-waste is to be recycled. follows: even a blip on the radar screen of most The bill would also ask EPA to con- S. 510 policymakers. There have been a few sider the benefits of requiring manu- Be it enacted by the Senate and House of Rep- news articles here and there, but so far facturers who sell computers and TVs resentatives of the United States of America in they’ve been buried, well behind page to take them back for recycling. And, Congress assembled, one. I want to tackle the problem of e- to make sure we’re keeping our own SECTION 1. SHORT TITLE. waste in the same way we went about house in order, the legislation would This Act may be cited as the ‘‘Electronic solving the Y–2K problem: putting poli- Waste Recycling Promotion and Consumer require the federal government to prop- Protection Act’’. cies in place to help all stakeholders erly recycle its computers. deal with it before it overtakes us. SEC. 2. FINDINGS. The goal here is to provide incentives Congress finds that— Some communities across the coun- to build a nationwide e-waste recycling try have begun to talk about how to (1) the National Safety Council estimates infrastructure. EPA estimates that that— deal with the accumulation of elec- electronic waste already constitutes 40 (A) in 2003, over 60,000,000 personal com- tronic waste. A few States, like Cali- percent of the lead and 70 percent of puters became obsolete and between 1997 and fornia and Maine, recently passed laws the heavy metals found in landfills 2007 more than 500,000,000 computers will to get recycling programs going. Sev- today. If this waste is not handled need to be discarded; and eral other States, including my own (B) at an average weight of 70 pounds, this properly, there is a real risk that tox- State of Oregon, will likely consider will result in over 6,300,000,000 pounds of plas- ins from the lead, mercury and cad- legislation this year. Among the op- tic and 1,600,000,000 pounds of lead added to mium will leach into the air, soil and tions, some States favor an upfront fee, the supply of waste needing to be managed; water. The health effects of these tox- tacked onto the price of electronics, in- (2) according to the Environmental Protec- ins are well known and include an in- tion Agency— tended to help pay for the cost of recy- creased risk of cancer as well as harm (A) a computer monitor or television set cling, others are looking at end-of-life to kidneys, the brain and the nervous generally contains 4 to 8 pounds of lead; fees. No one yet has looked at the ap- system. (B) mercury, cadmium, and other heavy proach Senator TALENT and I are pro- As one who has worked so hard to metals are generally used in such equipment posing. as well; and My own sense is that slapping a fee foster the digital economy, I believe (C) households and businesses in the on consumers for the purchase of a new there is also a duty to assure that e- United States often do not discard older computer or television is not nec- waste is handled responsibly. Con- computers and televisions when buying essarily the best way to encourage sumers need to know that potentially newer versions of the same products; (3) according to experts, the average house- them to drag those old 80-pound com- harmful e-waste is being handled prop- erly and I can’t find a reason to add hold may have between 2 and 3 older com- puters and TVs out of the basement puters and televisions in storage, and ap- and get them to a recycling facility. millions of tons of new toxic waste to our environment. proximately 20,000,000 to 24,000,000 computers Someone who needs a new one may just and televisions are placed in storage each pay the fee but leave their old com- I also believe that the United States, year; puters and TVs at home. End-of-life as the leading innovator and consumer (4) according to the Environmental Protec- fees mean that today’s manufacturers of electronic products in the world, has tion Agency, discarded computer, television, and retailers end up paying for e-trash a duty to deal with e-waste respon- and other electronic equipment— left over from manufacturers that have sibly. Sending shiploads full of e-junk (A) when not discarded in large quantities, that contains harmful lead, mercury is currently managed in most States as mu- gone out of business or from off-shore nicipal solid waste, just like ordinary trash; companies. and cadmium to poor countries over- seas is not my idea of responsible. and The bipartisan legislation Senator (B) constitute 40 percent of the lead and 70 Senator TALENT and I have worked TALENT and I are introducing today, percent of the heavy metals that are found The Electronic Waste Recycling Pro- with a group of folks that normally in landfills and, if not handled properly, can motion and Consumer Protection Act, don’t see eye to eye on such issues. be released into the environment, contami- takes a novel approach to the problem. Through many hours of negotiation nating air and groundwater and posing a sig- First, to get consumers motivated to they have helped us produce a bill that nificant threat to human health, including move their old computers or tele- represents a solid first step toward potential damage to kidney, brain, and nerv- visions out of the garage and to a recy- solving this problem. I am pleased that ous system function, and cancer in cases of cling facility, the bill would give them we have support for the approach taken excessive exposure; in our legislation from environmental (5) materials used in computers, tele- a one-time tax credit based on showing visions, and similar electronic products can they gave their old computers or tele- groups and industry groups, ranging be recovered through recycling, which con- visions to a qualified recycler. from manufacturers like HP and Intel serves resources and minimizes the poten- Second, to build up the recycling in- to retailers and solid waste recyclers, tially harmful human and environmental frastructure nationwide, the legisla- like Waste Management. We are com- health effects of those materials; and

VerDate jul 14 2003 04:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.057 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2019

(6) establishing a nationwide infrastruc- term in the Environmental Protection Agen- ‘‘(f) TERMINATION.—This section shall not ture for electronic waste recycling will— cy Standards of Universal Waste Manage- apply with respect to any unit of qualified (A) facilitate access of people in the United ment established under section 273 of title 40, electronic waste which is recycled after the States to recycling services; and Code of Federal Regulations (and successor date which is 3 years after the date on which (B) improve the efficiency and use of elec- regulations). the final regulations issued pursuant to sub- tronic waste recycling. SEC. 4. CREDIT FOR RECYCLING ELECTRONIC paragraph (e) take effect.’’. SEC. 3. DEFINITIONS. WASTE. (b) CONFORMING AMENDMENT.—The table of In this Act: (a) IN GENERAL.—Subpart B of part IV of sections for subpart B of part IV of sub- (1) ADMINISTRATOR.—The term ‘‘Adminis- subchapter A of chapter 1 of the Internal chapter A of chapter 1 of the Internal Rev- trator’’ means the Administrator of the En- Revenue Code of 1986 is amended by adding enue Code of 1986 is amended by adding at vironmental Protection Agency. at the end the following new section: the end the following new item: (2) CATHODE RAY TUBE.—The term ‘‘cathode ‘‘SEC. 30B. CREDIT FOR RECYCLING ELECTRONIC ‘‘Sec. 30B. Credit for recycling electronic ray tube’’ means a vacuum tube used to con- WASTE. waste.’’. vert an electronic signal into a visual image, ‘‘(a) ALLOWANCE OF CREDIT.—In the case of (c) EFFECTIVE DATE.—The amendments for use in a computer monitor, television, or an eligible taxpayer, there shall be allowed made by this section shall apply with respect other piece of electronic equipment. as a credit against the tax imposed by this to display screens and system units recycled (3) COMPUTER.— chapter for the taxable year an amount after the date on which the final regulations (A) IN GENERAL.—The term ‘‘computer’’ equal to $8 per unit of qualified electronic issued pursuant to section 30B of subpart B means an electronic, magnetic, optical, elec- waste that is collected from consumers and of part IV of subchapter A of chapter 1 of the trochemical, or other high speed data proc- recycled. Internal Revenue Code of 1986 (as added by essing device that performs logical, arith- ‘‘(b) ELIGIBLE TAXPAYER.—For purposes of this section) take effect. metic, or storage functions. this section, the term ‘eligible taxpayer’ (B) EXCLUSIONS.—The term ‘‘computer’’ SEC. 5. CONSUMER CREDIT FOR RECYCLING means any person which— does not include an automated typewriter or ELECTRONIC WASTE. ‘‘(1) collects from consumers and recycles, typesetter, video game console, portable (a) IN GENERAL.—Subpart A of part IV of or arranges for the recycling of, not less hand held calculator, personal digital assist- subchapter A of chapter 1 of the Internal than 5,000 units of qualified electronic waste ant, cellular telephone, or other similar de- Revenue Code of 1986 is amended by inserting during that person’s taxable year, vice. after section 25B the following new section: ‘‘(2) submits with the person’s tax return (4) CONSUMER.—The term ‘‘consumer’’ ‘‘SEC. 25C. CONSUMER CREDIT FOR RECYCLING documentation of the final destination of all means— ELECTRONIC WASTE. units of electronic waste collected from con- (A) an occupant of a single, detached dwell- ‘‘(a) ALLOWANCE OF CREDIT.—In the case of ing unit or a single unit of a multiple dwell- sumers during the person’s taxable year for an eligible consumer, there shall be allowed ing unit who— the purpose of recycling, and as a credit against the tax imposed by this (i) has used a computer monitor, a tele- ‘‘(3) certifies that all reclamation and re- chapter for the taxable year an amount vision, or another piece of electronic equip- cycling carried out by the person was per- equal to $15 for the recycling of 1 or more ment that contains a display screen or a sys- formed by an eligible recycler. units of qualified electronic waste. tem unit; and ‘‘(c) DEFINITIONS.—For purposes of this sec- ‘‘(b) ELIGIBLE CONSUMER.—For purposes of (ii) used the equipment described in sub- tion— this section, the term ‘eligible consumer’ paragraph (A) at the dwelling unit of the oc- ‘‘(1) QUALIFIED ELECTRONIC WASTE.—The means any individual— cupant; and term ‘qualified electronic waste’ means any ‘‘(1) with respect to whom a credit under (B) a commercial, educational, or other en- display screen or any system unit. this section has not been allowed in any pre- tity that discarded for recycling not more ‘‘(2) CONSUMER, DISPLAY SCREEN; RECYCLE; ceding taxable year, and than 20 display screens or system units per SYSTEM UNIT.—The terms ‘consumer’, ‘dis- ‘‘(2) who submits with the individual’s tax year during the previous 5 years. play screen’, ‘recycle’, and ‘system unit’ return such information as the Secretary re- (5) DISPLAY SCREEN— have the meaning given the terms by section quires to document that each unit of quali- (A) IN GENERAL.—The term ‘‘display 3 of the Electronic Waste Recycling Pro- fied electronic waste was recycled by a recy- screen’’ means a cathode ray tube, flat panel motion and Consumer Protection Act. cler certified by the Secretary pursuant to screen, or other similar video display device ‘‘(d) DISALLOWANCE OF CREDIT.—No credit subsection (d). with a screen size of greater than 4 inches, shall be allowed under this section for recy- ‘‘(c) DEFINITIONS.—For purposes of this sec- measured diagonally. cling a unit of qualified electronic waste tion— (B) EXCLUSION.—The term ‘‘display screen’’ which is collected from a consumer in a ‘‘(1) QUALIFIED ELECTRONIC WASTE.—The does not include commercial or industrial State which has adopted and implemented a term ‘qualified electronic waste’ means any equipment, or household appliances, that statewide program in accordance with State display screen or any system unit. contain— law which mandates or provides incentives ‘‘(2) CONSUMER, DISPLAY SCREEN; RECYCLE; (i) a cathode ray tube; for recycling electronic waste, including a SYSTEM UNIT.—The terms ‘consumer’, ‘dis- (ii) a flat panel screen; or mandatory per-unit, upfront charge to con- play screen’, ‘recycle’, and ‘system unit’ (iii) another similar video device. sumers for the purpose of recycling elec- have the meaning given the terms by section (6) HAZARDOUS WASTE.—The term ‘‘haz- tronic waste. 3 of the Electronic Waste Recycling Pro- ardous waste’’ has the meaning given the ‘‘(e) FINAL REGULATIONS.— motion and Consumer Protection Act. term in section 1004 of the Solid Waste Dis- ‘‘(1) IN GENERAL.—Not later than the date ‘‘(d) FINAL REGULATIONS.— posal Act (42 U.S.C. 6903). which is 180 days after the date of the enact- ‘‘(1) IN GENERAL.—Not later than the date (7) RECYCLE—The term ‘‘recycle’’ means ment of this section, the Secretary, after which is 180 days after the date of the enact- the performance of a process by 1 or more consultation with the Administrator of the ment of this section, the Secretary, after persons by which a display screen or a sys- Environmental Protection Agency, shall consultation with the Administrator of the tem unit is— issue such final regulations as may be nec- Environmental Protection Agency, shall (A) sorted; essary and appropriate to carry out this sec- issue such final regulations as may be nec- (B) if necessary, transported; tion. essary and appropriate to carry out this sec- (C) to the maximum extent practicable, ‘‘(2) INCLUSION.— tion. separated to recover any component or com- ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(2) INCLUSION.— modity inside the display screen or system (B), the regulations issued under paragraph ‘‘(A) IN GENERAL.—Subject to subparagraph unit that can be reduced to raw materials or (1) shall include— (B), the regulations issued under paragraph products; and ‘‘(i) requirements for certifying recyclers (1) shall include— (D) treated such that any remaining mate- as eligible to recycle qualified electronic ‘‘(i) requirements for certifying recyclers rial is disposed of properly and in an environ- waste, as eligible to recycle qualified electronic mentally sound manner consistent with the ‘‘(ii) requirements to ensure that all recy- waste, and Solid Waste Disposal Act (42 U.S.C. 6901 et cling of qualified electronic waste is per- ‘‘(ii) requirements to ensure that all recy- seq.). formed in a manner that is safe and environ- cling of qualified electronic waste is per- (8) SYSTEM UNIT.—The term ‘‘system unit’’ mentally sound, and formed in a manner that is safe and environ- means— ‘‘(iii) a provision which allows a tax credit mentally sound. (A) the casing or portion of a computer under this section to be shared by 2 or more ‘‘(B) LIMITATION.—The Secretary shall not that contains the central processing unit, eligible taxpayers, provided that the total certify a recycler as eligible under this sub- which performs the primary quantity of data tax credit for a unit of electronic waste section unless the recycler is— processing; and under this section does not exceed $8. ‘‘(i) a taxpayer, or (B) the unit that, together with the mem- ‘‘(B) LIMITATION.—The Secretary shall not ‘‘(ii) a State or local government. ory, forms the central part of the computer, certify a recycler as eligible under this sub- ‘‘(e) TERMINATION.—This section shall not to which peripheral devices may be attached. section unless the recycler is— apply with respect to any unit of qualified (9) UNIVERSAL WASTE.—The term ‘‘uni- ‘‘(i) a taxpayer, or electronic waste which is recycled after the versal waste’’ has the meaning given the ‘‘(ii) a State or local government. date which is 3 years after the date on which

VerDate jul 14 2003 02:36 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.058 S03PT1 S2020 CONGRESSIONAL RECORD — SENATE March 3, 2005 the final regulations issued pursuant to sub- SEC. 8. NATIONWIDE RECYCLING PROGRAM. bill that would suspend FDA’s approval section (d) take effect.’’. (a) STUDY.— of RU–486 and direct the GAO to con- (b) CONFORMING AMENDMENTS.— (1) IN GENERAL.—The Administrator, in duct an independent review of the proc- (1) Section 26(a)(1) of the Internal Revenue consultation with appropriate executive ess used by the FDA to approve the Code of 1986 is amended by striking ‘‘and agencies (as determined by the Adminis- 25B’’ and inserting ‘‘25B, and 25C’’. trator), shall conduct a study of the feasi- drug. (2) The table of sections for subpart A of bility of establishing a nationwide recycling Holly’s Law is named in memory of part IV of subchapter A of chapter 1 of such program for electronic waste that preempts Holly Patterson, an 18-year old woman Code is amended by inserting after the item any State recycling program. who died after taking the drug in 2003. relating to section 25B the following new (2) INCLUSIONS.—The study shall include an RU–486 has killed three women in the item: analysis of multiple programs, including pro- United States and many more have ‘‘Sec. 25C. Consumer credit for recycling grams involving— been hospitalized with a severe bac- electronic waste.’’. (A) the collection of an advanced recycling terial infection known as septic shock. fee; (c) EFFECTIVE DATE.—The amendments RU–486 was approved by the FDA in made by this section shall apply with respect (B) the collection of an end-of-life fee; (C) producers of electronics assuming the September of 2000. The FDA approved to display screens and system units recycled RU–486 under a special ‘‘restricted dis- after the date on which the final regulations responsibility and the cost of recycling elec- issued pursuant to section 30B of subpart A tronic waste; and tribution’’ approval process known as of part IV of subchapter A of chapter 1 of the (D) the extension of a tax credit for recy- ‘‘Subpart H,’’ reserved only for drugs Internal Revenue Code of 1986 (as added by cling electronic waste. that treat ‘‘severe or life-threatening this section) take effect. (b) REPORT.—Not later than 1 year after illnesses,’’ like cancer and AIDS. the date of enactment of this Act, the Ad- SEC. 6. PROHIBITIONS OF DISPOSAL WITHOUT Subpart H allows an expedited ap- RECYCLING. ministrator shall submit to Congress a re- port describing— proval of certain drugs by not sub- (a) DISPLAY SCREEN AND SYSTEM UNIT DIS- (1) the results of the study conducted jecting them to the testing and review POSAL BAN.— under subsection (a); standards required of all other new (1) IN GENERAL.—Effective beginning on the drugs. These are important tests nec- date that is 3 years after the date of enact- (2) 1 or more prospective nationwide recy- ment of this Act, if the Administrator deter- cling programs, including— essary to determine the safety and mines that a majority of households in the (A) a cost-benefit analysis of each pro- long-term effects of a drug. Clearly, United States have sufficient access to a re- gram, including— the fact that these tests were not done cycling service for display screens and sys- (i) the cost of the program to— on RU–486 was a damaging omission tem units, it shall be unlawful for the oper- (I) consumers; (II) manufacturers; considering the death and illness asso- ator of a landfill, incinerator, or any other ciated with use of the drug. facility for the transfer, disposal, or storage (III) retailers; and (IV) recyclers; and Due to the serious threat RU–486 of municipal solid waste to knowingly re- poses to women’s health, we are asking ceive from a consumer a display screen or (ii) the estimated overhead and adminis- system unit, except for the purpose of recy- trative expenses of carrying out and moni- that Congress suspend FDA’s approval cling or arranging for the recycling of the toring the program; and of RU–486 until the GAO can provide a display screen or system unit by a recycler (B) the quantity of display screens and sys- report on whether RU–486 should have certified as an eligible recycler by the Ad- tem units projected to be recycled under the been deemed ‘‘safe and effective’’ by ministrator. program; (3)(A) the benefits of establishing a nation- the FDA. (2) PROCEDURES.—Not later than 180 days wide take-back provision that would require, I am grateful to Senators ALLEN, after the date of enactment of this Act, the BROWNBACK, COBURN, ENSIGN, ENZI, Administrator shall develop and issue guide- as part of the program, all manufacturers of INHOFE, SANTORUM and VITTER who lines covering waste handlers and waste display screens or system units for sale in transfer stations to assist in developing re- the United States to collect and recycle, or have joined me as original cosponsors cycling procedures for display screens and arrange for the recycling of, display screens of this bill. They understand that RU– system units. and system units; and 486 is a dangerous drug that cannot re- (B) a projection of the quantity of display (3) EXEMPTIONS.—As part of the guidelines main on the market while more women issued pursuant to paragraph (2), the Admin- screens and system units that would be recy- die. I urge my colleagues to support cled annually under a nationwide take-back istrator shall classify display screens and Holly’s Law to take RU–486 off the system units as universal waste and provide provision; (4)(A) any emerging electronic waste market before more women are harmed for the exemption of display screens and sys- by it. tem units from the requirements of the Solid streams, such as— Waste Disposal Act (42 U.S.C. 6901 et seq.) as (i) cellular telephones; and I ask unanimous consent that the necessary to facilitate the collection, stor- (ii) personal digital assistants; and text of the bill be printed in the age, and transportation of display screens (B) a cost-benefit analysis of including an RECORD. and system units for the purpose of recy- emerging electronic waste stream in a na- There being no objection, the bill was tional recycling program; and cling. ordered to be printed in the RECORD, as (5) the progress of the Administrator in (b) ENFORCEMENT.—A violation of sub- follows: section (a) by any person or entity shall be carrying out section 6, including— S. 511 subject to enforcement under applicable pro- (A) information on enforcement of the pro- visions of the Solid Waste Disposal Act (42 hibition; and Be it enacted by the Senate and House of Rep- U.S.C. 6901 et seq.). (B) any increase in recycling as a result of resentatives of the United States of America in the prohibition. Congress assembled, SEC. 7. RECYCLING OF DISPLAY SCREENS AND SYSTEM UNITS PROCURED BY THE SECTION 1. SHORT TITLE. FEDERAL GOVERNMENT. By Mr. DEMINT (for himself, Mr. This Act may be cited as the ‘‘RU–486 Sus- (a) DEFINITION OF EXECUTIVE AGENCY.—In ALLEN, Mr. BROWNBACK, Mr. pension and Review Act of 2005’’. this section, the term ‘‘executive agency’’ COBURN, Mr. ENSIGN, Mr. ENZI, SEC. 2. FINDING. has the meaning given the term in section Mr. INHOFE, Mr. SANTORUM, and Congress finds that the use of the drug 11101 of title 40, United States Code. Mr. VITTER): mifepristone (marketed as Mifeprex, and (b) REQUIREMENT FOR RECYCLING.—The head S. 511. A bill to provide that the ap- commonly known as RU–486) in conjunction of each executive agency shall ensure that proved application under the Federal with the off-label use of misoprostol to each display screen and system unit pro- Food, Drug, and Cosmetic Act for the chemically induce abortion has caused a sig- cured by the Federal Government— nificant number of deaths, near deaths, and (1) is recovered upon the termination of drug commonly known as RU–486 is adverse reactions. deemed to have been withdrawn, to the need of the Federal Government for the SEC. 3. SUSPENSION OF APPROVAL OF DRUG display screen or system unit; and provide for the review by the Comp- COMMONLY KNOWN AS RU–486; RE- (2) is recycled by a recycler certified as an troller General of the United States of VIEW AND REPORT BY GOVERN- eligible recycler by the Administrator the process by which the Food and MENT ACCOUNTABILITY OFFICE. through— Drug Administration approved such (a) IN GENERAL.—Effective on the date that (A) a program established after the date of drug, and for other purposes; to the is 15 days after the date of the enactment of enactment of this Act by the executive agen- this Act: cy, either alone or in conjunction with 1 or Committee on Health, Education, (1) The approved application under section more other executive agencies; or Labor, and Pensions. 505(b) of the Federal Food, Drug, and Cos- (B) any other program for recycling or Mr. DEMINT. Mr. President, I rise metic Act (21 U.S.C. 355(b)) for the drug reusing display screens and system units. today to reintroduce ‘‘Holly’s Law,’’ a mifepristone (marketed as Mifeprex, and

VerDate jul 14 2003 02:36 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.058 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2021 commonly known as RU–486) is deemed to fire breaks out in a structure, and in a The Fire Sprinkler Incentive Act of have been withdrawn under section 505(e) of residential structure every 80 seconds. 2005 provides long-needed safety incen- such Act (21 U.S.C. 355(e)). There are literally thousands of high- tives for building owners that will help (2) For purposes of sections 301(d) and 304 rise buildings built under older codes fire departments across the country of such Act (21 U.S.C. 331(d) and 334), the in- that lack adequate fire protection. Bil- troduction or delivery for introduction of save lives. I ask my colleagues for their such drug into interstate commerce shall be lions of dollars were spent to make support of this important piece of leg- considered a violation of section 505 of such these and other buildings handicapped islation. Act. accessible, but people with disabilities (3) The drug misoprostol shall be consid- now occupying these buildings are not By Mr. GREGG (for himself, Mr. ered misbranded for purposes of sections 301 adequately protected from fire. At re- KENNEDY, Ms. MIKULSKI, Mr. and 304 of such Act if the drug bears labeling cent code hearings, representatives of HARKIN, Mr. BINGAMAN, Mr. providing that the drug may be used for the the health care industry testified that REED, Mrs. MURRAY, Mrs. LIN- medical termination of intrauterine preg- there are approximately 4,200 nursing COLN, Mr. KERRY, and Mr. DUR- nancy or that the drug may be used in con- homes that need to be retrofitted with BIN): junction with another drug for the medical fire sprinklers. They further testified termination of intrauterine pregnancy. S. 513. A bill to provide collective (b) REVIEW AND REPORT BY GOVERNMENT that the billion dollar cost of pro- bargaining rights for public safety offi- ACCOUNTABILITY OFFICE.— tecting these buildings with fire sprin- cers employed by States or their polit- (1) IN GENERAL.—The Comptroller General klers would have to be raised through ical subdivisions; to the Committee on of the United States shall review the process corresponding increases in Medicare Health, Education, Labor, and Pen- by which the Food and Drug Administration and Medicaid. In addition to the alarm- sions. approved mifepristone under section 505 of ing number of nursing homes lacking Mr. GREGG. Mr. President, today I the Federal Food, Drug, and Cosmetic Act fire sprinkler protection, there are lit- am pleased to be joined by Senators (21 U.S.C. 355) and shall determine whether erally thousands of assisted living fa- KENNEDY, MIKULSKI, HARKIN, BINGA- such approval was provided in accordance cilities housing older Americans and with such section. The Secretary of Health MAN, REED, MURRAY, LINCOLN, KERRY and Human Services shall ensure that the people with disabilities that lack fire and DURBIN in introducing the Public Comptroller General has full access to all in- sprinkler protection. Safety Employer-Employee Coopera- formation possessed by the Department of The solution resides in automatic tion Act of 2005. This legislation would Health and Human Services that relates to sprinkler systems that are usually extend to firefighters and police offi- such process. triggered within 4 minutes of ignition cers the right to discuss workplace (2) REPORT.—Not later than 180 days after when the temperature rises above 120 issues with their employers. the date of the enactment of this Act, the degrees. The National Fire Protection With the enactment of the Congres- Comptroller General of the United States Association (NFPA) has no record of a shall complete the review under paragraph sional Accountability Act, State and fire killing more than two people in a local government employees remain (1) and submit to Congress and the Secretary public assembly, educational, institu- of Health and Human Services a report that the only sizable segment of workers tional, or residential building that has provides the findings of the review. left in America who do not have the fully operational sprinklers. Further- (c) CONTINGENT REINSTATEMENT OF AP- basic right to enter into collective bar- more, sprinklers are responsible for PROVAL OF DRUG.—If the report under sub- gaining agreements with their employ- section (b) includes a determination by the dramatically reducing property loss, ers. While most States do provide some Comptroller General of the United States from as low as 42 percent to as high as collective bargaining rights for their that the approval by the Food and Drug Ad- 70 percent depending on the structure. ministration of mifepristone was provided in Building owners do not argue with public employees, others do not. accordance with section 505 of the Federal fire authorities over the logic of pro- Studies have shown that commu- Food, Drug, and Cosmetic Act (21 U.S.C. 355), tecting their building with fire sprin- nities which promote such cooperation the Secretary of Health and Human Services klers. The issue is cost. This bill would enjoy much more effective and effi- shall publish such statement in the Federal cient delivery of emergency services. Register. Effective upon the expiration of 30 drastically reduce the staggering an- nual economic toll of fire in America Such cooperation, however, is not pos- days after such publication, subsection (a) sible in the States that do not provide shall cease to have any legal effect. and thereby dramatically improve the quality of live for everyone involved. public safety employees with the fun- By Mr. SANTORUM (for himself, This legislation provides a tax incen- damental right to bargain with their Mr. ROCKEFELLER, and Mr. tive for businesses to install sprinklers employers. REED): through the use of a 5-year deprecia- The legislation I am introducing S. 512. A bill to amend the Internal tion period, opposed to the current 27.5 today is balanced in its recognition of Revenue Code of 1986 to classify auto- or 39-year period for installations in the unique situation and obligation of matic fire sprinkler systems as 5-year residential rental and non-residential public safety officers. The bill requires property for purposes of depreciation; real property respectively. While only States, within 2 years, to guarantee to the Committee on Finance. a start, the bill will help eliminate the the right of public safety officers to Mr. SANTORUM. I rise today to in- massive losses seen in nursing homes, form and voluntarily join a union to troduce with Senator ROCKEFELLER the nightclubs, office buildings, apartment bargain collectively over hours, wages bipartisan Fire Sprinkler Incentive Act buildings, manufacturing facilities, and conditions of employment. The bill of 2005. Passage of this Act would serve and other for-profit entities. protects the right of public safety offi- greatly to help reduce the tremendous This bill enjoys support from a vari- cers to form, join, or assist any labor annual economic and human losses ety of organizations. They include: the organization or to refrain from any that fire in the United States inflicts American Insurance Association, the such activity, freely and without fear on the national economy and quality of American Fire Sprinkler Association, of penalty or reprisal. In addition, the life. the California Department of Forestry legislation prohibits the use of strikes, In the United States, fire depart- and Fire Protection, Campus Fire- lockouts, sickouts, work slowdowns or ments responded to approximately 1.7 watch, Congressional Fire Services In- any other action that is designed to million fires in 2002. Annually, over stitute, Independent Insurance Agents compel an employer, officer or labor 500,000 of these are structural fires & Brokers of America, International organization to agree to the terms of a causing approximately 3,400 deaths, Association of Arson Investigators, proposed contract and that will meas- around 100 of which are firefighters. International Association of Fire urably disrupt the delivery of services. Fire also caused some 18.5 million ci- Chiefs, International Fire Service Under this legislation, States would vilian injuries and $10.3 billion in di- Training Association, National Fire continue to be able to enforce right-to- rect property loss. The indirect cost of Protection Association, National Fire work laws which prohibit employers fire in the United States annually ex- Sprinkler Association, National Volun- and labor organizations from negoti- ceeds $80 billion. These losses are stag- teer Fire Council, the Society of Fire ating labor agreements that require gering. All of this translates to the fact Protection Engineers, and the Mechan- union membership or payment of union that fire departments respond to a fire ical Contractors Asociation of Amer- fees as a condition of employment. The every 18 seconds. Every 60 seconds a ica. legislation also preserves the right of

VerDate jul 14 2003 02:36 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.061 S03PT1 S2022 CONGRESSIONAL RECORD — SENATE March 3, 2005 management to not bargain over issues rale of the fire and police departments. Addi- clerical in nature but requires the consistent traditionally reserved for manage- tionally, these factors could have significant exercise of independent judgment; and ment-level decisions. All States with a commercial repercussions. Moreover, pro- (B) devotes a majority of time at work ex- State bargaining law for public safety viding minimal standards for collective bar- ercising such authority. gaining negotiations in the public safety sec- officers that grants rights equal to or SEC. 4. DETERMINATION OF RIGHTS AND RE- tor can prevent industrial strife between SPONSIBILITIES. greater than the rights provided under labor and management that interferes with (a) DETERMINATION.— this bill would be exempt. The bill also the normal flow of commerce. (1) IN GENERAL.—Not later than 180 days gives States the option to exempt from SEC. 3. DEFINITIONS. after the date of enactment of this Act, the coverage subdivisions with populations In this Act: Authority shall make a determination as to of less than 5,000 or fewer than 25 full (1) AUTHORITY.—The term ‘‘Authority’’ whether a State substantially provides for time employees. means the Federal Labor Relations Author- the rights and responsibilities described in Labor-management partnerships, ity. subsection (b). In making such determina- which are built upon bargaining rela- (2) EMERGENCY MEDICAL SERVICES PER- tions, the Authority shall consider and give tionships, result in improved public SONNEL.—The term ‘‘emergency medical weight, to the maximum extent practicable, services personnel’’ means an individual who to the opinion of affected parties. safety. Employer-employee coopera- provides out-of-hospital emergency medical (2) SUBSEQUENT DETERMINATIONS.— tion contains the promise of saving the care, including an emergency medical tech- (A) IN GENERAL.—A determination made taxpayer money by enabling workers nician, paramedic, or first responder. pursuant to paragraph (1) shall remain in ef- to offer input as to the most efficient (3) EMPLOYER; PUBLIC SAFETY AGENCY.—The fect unless and until the Authority issues a way to provide services. In fact, studies terms ‘‘employer’’ and ‘‘public safety agen- subsequent determination, in accordance have shown that States that give fire- cy’’ mean any State, political subdivision of with the procedures set forth in subpara- fighters the right to discuss workplace a State, the District of Columbia, or any ter- graph (B). issues actually have lower fire depart- ritory or possession of the United States (B) PROCEDURES FOR SUBSEQUENT DETER- that employs public safety officers. MINATIONS.—Upon establishing that a mate- ment budgets than States without (4) FIREFIGHTER.—The term ‘‘firefighter’’ rial change in State law or its interpretation those laws. has the meaning given the term ‘‘employee has occurred, an employer or a labor organi- The Public Safety Employer-Em- engaged in fire protection activities’’ in sec- zation may submit a written request for a ployee Cooperation Act of 2005 will put tion 3(y) of the Fair Labor Standards Act (29 subsequent determination. If satisfied that a firefighters and law enforcement offi- U.S.C. 203(y)). material change in State law or its interpre- cers on equal footing with other em- (5) LABOR ORGANIZATION.—The term ‘‘labor tation has occurred, the Director shall issue ployees and provide them with the fun- organization’’ means an organization com- a subsequent determination not later than 30 damental right to negotiate with em- posed in whole or in part of employees, in days after receipt of such request. (3) JUDICIAL REVIEW.—Any State, political ployers over such basic issues as hours, which employees participate, and which rep- resents such employees before public safety subdivision of a State, or person aggrieved wages, and workplace conditions. agencies concerning grievances, conditions by a determination of the Authority under I urge its adoption and ask unani- of employment and related matters. this section may, during the 60 day period mous consent that the text of this bill (6) LAW ENFORCEMENT OFFICER.—The term beginning on the date on which the deter- be printed in the RECORD. ‘‘law enforcement officer’’ has the meaning mination was made, petition any United There being no objection, the bill was given such term in section 1204(5) of the Om- States Court of Appeals in the circuit in ordered to be printed in the RECORD, as nibus Crime Control and Safe Streets Act of which the person resides or transacts busi- follows: 1968 (42 U.S.C. 3796b(5)). ness or in the District of Columbia circuit, (7) MANAGEMENT EMPLOYEE.—The term for judicial review. In any judicial review of S. 513 ‘‘management employee’’ has the meaning a determination by the Authority, the proce- Be it enacted by the Senate and House of Rep- given such term under applicable State law dures contained in subsections (c) and (d) of resentatives of the United States of America in in effect on the date of enactment of this section 7123 of title 5, United States Code, Congress assembled, Act. If no such State law is in effect, the shall be followed, except that any final de- SECTION 1. SHORT TITLE. term means an individual employed by a termination of the Authority with respect to This Act may be cited as the ‘‘Public Safe- public safety employer in a position that re- questions of fact or law shall be found to be ty Employer-Employee Cooperation Act of quires or authorizes the individual to formu- conclusive unless the court determines that 2005’’. late, determine, or influence the policies of the Authority’s decision was arbitrary and SEC. 2. DECLARATION OF PURPOSE AND POLICY. the employer. capricious. The Congress declares that the following is (8) PUBLIC SAFETY OFFICER.—The term (b) RIGHTS AND RESPONSIBILITIES.—In mak- the policy of the United States: ‘‘public safety officer’’— ing a determination described in subsection (1) Labor-management relationships and (A) means an employee of a public safety (a), the Authority shall consider whether partnerships are based on trust, mutual re- agency who is a law enforcement officer, a State law provides rights and responsibilities spect, open communication, bilateral con- firefighter, or an emergency medical services comparable to or greater than the following: sensual problem solving, and shared account- personnel; (1) Granting public safety officers the right ability. Labor-management cooperation (B) includes an individual who is tempo- to form and join a labor organization, which fully utilizes the strengths of both parties to rarily transferred to a supervisory or man- may exclude management and supervisory best serve the interests of the public, oper- agement position; and employees, that is, or seeks to be, recognized ating as a team, to carry out the public safe- (C) does not include a permanent super- as the exclusive bargaining representative of ty mission in a quality work environment. In visory or management employee. such employees. many public safety agencies it is the union (9) SUBSTANTIALLY PROVIDES.—The term (2) Requiring public safety employers to that provides the institutional stability as ‘‘substantially provides’’ means compliance recognize the employees’ labor organization elected leaders and appointees come and go. with the essential requirements of this Act, (freely chosen by a majority of the employ- (2) The Federal Government needs to en- specifically, the right to form and join a ees), to agree to bargain with the labor orga- courage conciliation, mediation, and vol- labor organization, the right to bargain over nization, and to commit any agreements to untary arbitration to aid and encourage em- wages, hours, and conditions of employment, writing in a contract or memorandum of un- ployers and their employees to reach and the right to sign an enforceable contract, derstanding. maintain agreements concerning rates of and availability of some form of mechanism (3) Permitting bargaining over hours, pay, hours, and working conditions, and to to break an impasse, such as arbitration, me- wages, and terms and conditions of employ- make all reasonable efforts through negotia- diation, or fact finding. ment. tions to settle their differences by mutual (10) SUPERVISORY EMPLOYEE.—The term (4) Requiring an interest impasse resolu- agreement reached through collective bar- ‘‘supervisory employee’’ has the meaning tion mechanism, such as fact-finding, medi- gaining or by such methods as may be pro- given such term under applicable State law ation, arbitration or comparable procedures. vided for in any applicable agreement for the in effect on the date of enactment of this (5) Requiring enforcement through State settlement of disputes. Act. If no such State law is in effect, the courts of— (3) The absence of adequate cooperation be- term means an individual, employed by a (A) all rights, responsibilities, and protec- tween public safety employers and employ- public safety employer, who— tions provided by State law and enumerated ees has implications for the security of em- (A) has the authority in the interest of the in this section; and ployees and can affect interstate and intra- employer to hire, direct, assign, promote, re- (B) any written contract or memorandum state commerce. The lack of such labor-man- ward, transfer, furlough, lay off, recall, sus- of understanding. agement cooperation can detrimentally im- pend, discipline, or remove public safety offi- (c) FAILURE TO MEET REQUIREMENTS.— pact the upgrading of police and fire services cers, to adjust their grievances, or to effec- (1) IN GENERAL.—If the Authority deter- of local communities, the health and well- tively recommend such action, if the exer- mines, acting pursuant to its authority being of public safety officers, and the mo- cise of the authority is not merely routine or under subsection (a), that a State does not

VerDate jul 14 2003 02:36 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.063 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2023 substantially provide for the rights and re- SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. made by the Federal Government to sponsibilities described in subsection (b), A public safety employer, officer, or labor the people of my State and my region such State shall be subject to the regula- organization may not engage in a lockout, some 40 years ago. That promise, build- sickout, work slowdown, or strike or engage tions and procedures described in section 5. ing and completing a network of high- (2) EFFECTIVE DATE.—Paragraph (1) shall in any other action that is designed to com- take effect on the date that is 2 years after pel an employer, officer, or labor organiza- ways through the Appalachian region the date of enactment of this Act. tion to agree to the terms of a proposed con- is known today as the Appalachian De- tract and that will measurably disrupt the velopment Highway System or ADHS. I SEC. 5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY. delivery of emergency services, except that look forward to working with my fel- it shall not be a violation of this section for low Senators to have my legislation in- (a) IN GENERAL.—Not later than 1 year an employer, officer, or labor organization to after the date of enactment of this Act, the cluded in the reauthorization of the refuse to provide services not required by the Federal-aid Highway Program, a pro- Authority shall issue regulations in accord- terms and conditions of an existing contract. gram at the core of Federal infrastruc- ance with the rights and responsibilities de- SEC. 7. EXISTING COLLECTIVE BARGAINING scribed in section 4(b) establishing collective UNITS AND AGREEMENTS. ture investment. bargaining procedures for public safety em- A certification, recognition, election-held, Over the course of the 108th Congress, ployers and officers in States which the Au- collective bargaining agreement or memo- we failed to reauthorize this program. thority has determined, acting pursuant to randum of understanding which has been That legislation should have been en- its authority under section 4(a), do not sub- issued, approved, or ratified by any public acted into law prior to beginning fiscal stantially provide for such rights and respon- employee relations board or commission or year 2004. We are now more than one sibilities. by any State or political subdivision or its third of the way through fiscal year (b) ROLE OF THE FEDERAL LABOR RELATIONS agents (management officials) in effect on 2005 and the 109th Congress must ini- AUTHORITY.—The Authority, to the extent the day before the date of enactment of this provided in this Act and in accordance with Act shall not be invalidated by the enact- tiate new bills to get the job done. I regulations prescribed by the Authority, ment of this Act. know I speak for many Senators in shall— SEC. 8. CONSTRUCTION AND COMPLIANCE. stressing the need to complete this job (1) determine the appropriateness of units (a) CONSTRUCTION.—Nothing in this Act during this session of Congress. We for labor organization representation; shall be construed— must authorize a bill that addresses (2) supervise or conduct elections to deter- (1) to invalidate or limit the remedies, our deteriorating highways and mine whether a labor organization has been rights, and procedures of any law of any bridges, and is not squeezed by the ar- selected as an exclusive representative by a State or political subdivision of any State or tificial funding ceiling that the admin- majority of the employees in an appropriate jurisdiction that provides collective bar- unit; istration wants. gaining rights for public safety officers that The administration’s own Conditions (3) resolve issues relating to the duty to are equal to or greater than the rights pro- bargain in good faith; vided under this Act; and Performance Report again reminds (4) conduct hearings and resolve com- (2) to prevent a State from enforcing a us that a great deal more investment plaints of unfair labor practices; right-to-work law that prohibits employers in our infrastructure is essential to (5) resolve exceptions to the awards of arbi- and labor organizations from negotiating prevent the further deterioration of trators; provisions in a labor agreement that require our nation’s highways and bridges. (6) protect the right of each employee to union membership or payment of union fees At a September 30, 2002 hearing of form, join, or assist any labor organization, as a condition of employment; the Senate Environment and Public or to refrain from any such activity, freely (3) to invalidate any State law in effect on Works Committee, Administrator Mary and without fear of penalty or reprisal, and the date of enactment of this Act that sub- Peters testified that, despite the his- protect each employee in the exercise of stantially provides for the rights and respon- such right; and sibilities described in section 4(b) solely be- toric funding increase accomplished (7) take such other actions as are nec- cause such State law permits an employee to through TEA–21, congestion on our essary and appropriate to effectively admin- appear on his or her own behalf with respect roads continues to worsen. Funding for ister this Act, including issuing subpoenas to his or her employment relations with the highway infrastructure by all levels of requiring the attendance and testimony of public safety agency involved; or government will have to increase by witnesses and the production of documen- (4) to permit parties subject to the Na- more than 65 percent or $42.2 billion tary or other evidence from any place in the tional Labor Relations Act (29 U.S.C. 151 et per year to actually improve the condi- United States, and administering oaths, tak- seq.) and the regulations under such Act to tion of our Nation’s highways. A fund- ing or ordering the taking of depositions, or- negotiate provisions that would prohibit an dering responses to written interrogatories, employee from engaging in part-time em- ing increase of more than 17 percent or and receiving and examining witnesses. ployment or volunteer activities during off- $11.3 billion is necessary to simply (c) ENFORCEMENT.— duty hours; or maintain the current poor condition of (1) AUTHORITY TO PETITION COURT.—The Au- (5) to prohibit a State from exempting our highway network, where more than thority may petition any United States from coverage under this Act a political sub- one in four of our Nation’s bridges are Court of Appeals with jurisdiction over the division of the State that has a population of classified as deficient. parties, or the United States Court of Ap- less than 5,000 or that employs less than 25 At the end of 2002, I worked doggedly peals for the District of Columbia Circuit, to full time employees. to ensure that the Senate prevailed in enforce any final orders under this section, For purposes of paragraph (5), the term ‘‘em- the conference with the House on the and for appropriate temporary relief or a re- ployee’’ includes each and every individual omnibus appropriations bill for fiscal straining order. Any petition under this sec- employed by the political subdivision except tion shall be conducted in accordance with any individual elected by popular vote or ap- year 2003 and rejected every penny of subsections (c) and (d) of section 7123 of title pointed to serve on a board or commission. the $8.6 billion cut in highway funding 5, United States Code, except that any final (b) COMPLIANCE.—No State shall preempt proposed by President Bush. In 2003, I order of the Authority with respect to ques- laws or ordinances of any of its political sub- was pleased to join with Senators BOND tions of fact or law shall be found to be con- divisions if such laws provide collective bar- and REID, the respective chairman and clusive unless the court determines that the gaining rights for public safety officers that ranking member of the Surface Trans- Authority’s decision was arbitrary and capri- are equal to or greater than the rights pro- portation Subcommittee in sponsoring cious. vided under this Act. a bipartisan amendment to the budget (2) PRIVATE RIGHT OF ACTION.—Unless the SEC. 9. AUTHORIZATION OF APPROPRIATIONS. resolution for fiscal year 2004 boosting Authority has filed a petition for enforce- There are authorized to be appropriated ment as provided in paragraph (1), any party such sums as may be necessary to carry out funding for our Federal-aid Highway has the right to file suit in a State court of the provisions of this Act. Program by several billion dollars. competent jurisdiction to enforce compli- That amendment commanded 79 votes ance with the regulations issued by the Au- By Mr. BYRD: on the Senate floor. thority pursuant to subsection (b), and to en- S. 514. A bill to complete construc- Mr. President, I am one of only two force compliance with any order issued by tion of the 13-State Appalachian devel- members still serving in the Congress the Authority pursuant to this section. The opment highway system, and for other that had the privilege of casting a vote right provided by this subsection to bring a in favor of establishing the Interstate suit to enforce compliance with any order purposes; to the Committee on Envi- issued by the Authority pursuant to this sec- ronment and Public Works. Highway System. I did so as a Member tion shall terminate upon the filing of a peti- Mr. BYRD. Mr. President, today I of the other body back in 1956. Of equal tion seeking the same relief by the Author- am, again, introducing legislation de- if not greater importance to the trans- ity. signed to fulfill an important promise portation needs of my region, however,

VerDate jul 14 2003 04:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.059 S03PT1 S2024 CONGRESSIONAL RECORD — SENATE March 3, 2005 were the findings of the first Appa- tem. Through the work of the Com- tration has published reports indi- lachian Regional Commission in 1964, mittee on Environment and Public cating that substandard road condi- that while the Interstate Highway Sys- Works, the House Transportation and tions are a factor in 30 percent of all tem was slated to provide historic eco- Infrastructure Committee, and the ad- fatal highway accidents. I am quite nomic benefits to most of our Nation, ministration, we took a great leap for- certain that the percentage is a great the system would bypass the Appa- ward by authorizing direct contract au- deal higher in the Applachian region. lachian region because of the ex- thority from the Highway Trust Fund The Federal Highway Administration tremely high costs of building high- to the States for the construction of found that upgrading two-lane roads to ways through Appalachia’s rugged to- the ADHS. Up until that point, funding four-lane divided highways decreased pography. for the Appalachian Development High- fatal car accidents by 71 percent and In 1965, the Congress adopted the Ap- way System was limited to uncertain that the widening of traffic lanes has palachian Regional Development Act general fund appropriations. By pro- served to reduce fatalities by 21 per- that promised a network of modern viding the States of the Appalachian cent. These are precisely the kind of highways to connect the Appalachian region with a predictable source of road improvements that are funded region to the rest of the Nation’s high- funds to complete ADHS segments, through the ADHS. In my state, the way network and, even more impor- TEA-21 reinvigorated efforts to keep largest segment of unfinished Appa- tantly, the rest of the Nation’s econ- the promise made to the people of the lachian Highway, if completed, will re- omy. Absent the Appalachian Develop- Appalachian region. place the second most dangerous seg- ment Highway System, my region of This initiative has been a great suc- ment of roadway in West Virginia. So, the country would have been left with cess. States are making progress to- even those who would question the wis- a transportation network of dangerous, ward the completion of the system. dom of completing these highways in narrow, winding roads following the Since the last Cost to Complete Re- the name of economic development path of river valleys and stream beds port, 183 miles of the system have been should take a hard look at the fact between mountains. opened to traffic and, the cost to com- that the people of rural Appalachia are One of the observations contained in plete the system has been reduced by taking their lives in their hands every Administrator Peters’ testimony back roughly $1.7 billion in Federal funds. day as they drive on dangerous roads. in September of 2002 that especially I am pleased to report that the 13 It is time for this Congress, in concert caught my eye was her statement that States, to date, have succeeded in obli- with the administration, to take the ‘‘the condition of higher-order roads, gating just under 90 percent of the obli- last great leap forward and authorize such as interstates, has improved con- gation authority that has been granted sufficient contract authority to finally siderably since 1993 while the condition to them for the completion of the sys- complete the Appalachian Develop- on many lower-order roads has deterio- tem. A 90-percent obligation rate com- ment Highway System. If we enact an- rated.’’ The pattern of road conditions pares quite favorably to some of the other six-year highway bill with suffi- mirrors the distribution of wealth in other transportation programs through cient funds to complete the system, we our country. The rich are getting rich- which the States were granted multiple will finally pay the full costs of the er while the poor get poorer. That ob- years to obligate their funds. ADHS some 45 years after the system servation becomes especially pertinent According to the ARC’s Cost to Com- was first promised to the people of my when one contemplates the challenge plete Report, the remaining Federal region. The legislation I am intro- of completing the Appalachian Devel- funds needed to complete the ADHS as ducing today, the ‘‘Appalachian Devel- opment Highway System. the system was defined at the time opment Highway System Completion We have virtually completed the con- that report was completed are now es- Act,’’ will provide sufficient contract struction of the Interstate Highway timated to be $4.467 billion. When ad- authority to complete the system. Im- System and have moved on to other justed for inflation over the life of the portantly, it will guarantee that the important transportation goals. How- next highway bill, using the standard states of the Appalachian Region do ever, the people of my region still wait inflation calculation for highway not pay a penalty, either through the for the Federal Government to make projects, a total of $5.04 billion will distribution of minimum allocation good on its 40-year-old promise to com- need to be authorized to complete the funds, or the distribution of obligation plete the ADHS. The system is still system. That is a lot of money and I limitation, for receiving sufficient less than 80 percent complete. My believe that figure deserves some ex- funds to complete the Appalachian sys- home State of West Virginia is below planation. tem. the average for the entire Appalachian The considerable cost of completing I am very pleased that this adminis- region with only 72 percent of its mile- the last 20 percent of the ADHS is ex- tration has taken on the goal of com- age complete and open to traffic. plained by the fact that the easiest seg- pleting the ADHS. In her letter accom- Unfortunately, there are still chil- ments of the system to build have al- panying the Cost to Complete Report, dren in Appalachia who lack decent ready been built. Much of the costs as- Administrator Peters said ‘‘the com- transportation routes to school; and sociated with completing the most dif- pletion of the ADHS is an important there are still pregnant mothers, elder- ficult unfinished segments are driven part of the mission of the Federal ly citizens and others who lack road by the requirement to comply with Highway Administration. We consider access to area hospitals. There are other Federal laws, especially the laws the accessibility, mobility and eco- thousands upon thousands of people requiring environmental mitigation nomic stimulation provided by the who cannot obtain sustainable well- measures when building new highways ADHS to be entirely consistent with paying jobs because of poor roads. The through rural areas. While the $5.04 bil- the goals of our agency.’’ Ms. Peters entire status of the Appalachian Devel- lion figure may seem large to some of further stated that the Appalachian opment Highway System is laid out in my colleagues, I would remind them Regional Commission’s 2002 Cost to great detail in the Cost to Complete that the last highway bill authorized Complete Report, ‘‘provides a sound Report for 2002 completed by the Appa- more than $218 billion in Federal infra- basis for apportioning future funding lachian Regional Commission. This is structure investment over 6 years. It is to complete the system.’’ I thank Mary the most comprehensive report on the my sincere hope and expectation that Peters and the entire Federal Highway status of the Appalachian Development the next highway bill will authorize an Administration for their leadership on Highway System to date, and I com- even greater amount. this issue and I look forward to work- mend the staff of the Appalachian Re- Of critical importance to this debate ing with Ms. Peters and her agency to gional Commission for their hard work is the fact that the unfinished seg- ensure that this commitment is borne on this report. The last report was ments of the ADHS represent some of out in the transportation reauthoriza- completed in 1997 just prior to Congres- most dangerous and most deficient tion legislation that is developed by sional consideration of TEA–21. roadways in our entire Nation. Often the Congress. The enactment of TEA–21 signaled a lost in our debate over the necessity to Completion of a new highway bill new day in the advancement of the Ap- invest in our highways is the issue of will be an enormous task for this Con- palachian Development Highway Sys- safety. The Federal Highway Adminis- gress—one that is now more than 2

VerDate jul 14 2003 02:36 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.072 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2025 years overdue. As I look back over the high school diplomas in the program, (2) EXECUTIVE DIRECTOR.—The term ‘‘Exec- many years of my public career, one of but the program is at the mercy of utive Director’’ means the Executive Direc- the accomplishments of which I am shrinking state budgets. tor of the Weather Modification Advisory most proud was my amendment pro- In March 2004, the Department of De- and Research Board. fense recommended an increase in Fed- (3) RESEARCH AND DEVELOPMENT.—The term viding an additional $8 billion in fund- ‘‘research and development’’ means theo- ing to break the logjam during the de- eral support for the program in order retical analysis, exploration, experimen- bate on the Intermodal Surface Trans- to prevent any more closures of Youth tation, and the extension of investigative portation Efficiency Act in 1991. An- Challenge academies. The bill I intro- findings and theories of scientific or tech- other was my sponsorship of the Byrd- duce today would write that rec- nical nature into practical application for Gramm-Baucus-Warner Amendment ommendation into law, phasing in the experimental and demonstration purposes, during the Senate debate of TEA–21 in additional Federal support over 3 including the experimental production and 1998. That effort resulted in some $26 years. testing of models, devices, equipment, mate- My legislation also proposes to in- rials, and processes. billion in funding being added to that (4) WEATHER MODIFICATION.—The term bill and put us on a path to historic crease the authorization for the Youth Challenge program by $16.3 million, in- ‘‘weather modification’’ means changing or funding increases for our nation’s high- controlling, or attempting to change or con- way infrastructure. I look forward cluding $6.3 million for the proposed in- trol, by artificial methods the natural devel- again to working with my fellow Sen- crease in the Federal share of the opment of atmospheric cloud forms or pre- ators on completion of a bill that Youth Challenge Program’s cost for cipitation forms which occur in the tropo- makes the necessary investments in Fiscal Year 2006. sphere. My bill authorizes an additional $10 our nation’s highways, not just in the SEC. 4. WEATHER MODIFICATION ADVISORY AND million to provide the first significant RESEARCH BOARD ESTABLISHED. Appalachian region but across our en- per-student increase in funding since (a) IN GENERAL.—There is established in tire country. the program began. For more than 12 the Department of Commerce the Weather Modification Advisory and Research Board. By Mr. BYRD: years, the funding of the Youth Chal- (b) MEMBERSHIP.— S. 515. A bill to amend title 32, lenge Program has remained constant (1) IN GENERAL.—The Board shall consist of United States Code, to increase the at $14,000 per student, per year. Imag- 11 members appointed by the Secretary of maximum Federal share of the costs of ine that. Think of that. At a time when Commerce, of whom— State programs under the National the cost of education is growing by (A) at least 1 shall be a representative of Guard Youth Challenge Program, and leaps and bounds, the Youth Challenge the American Meteorological Society; program has held the line on its budget (B) at least 1 shall be a representative of for other purposes; to the Committee the American Society of Civil Engineers; on Armed Services. for more than 12 years. But such discipline means that there (C) at least 1 shall be a representative of Mr. BYRD. Mr. President, in recent the National Academy of Sciences; years, the public profile of the National have been cutbacks in teachers, uni- (D) at least 1 shall be a representative of Guard has changed considerably. forms, and activities. The additional the National Center for Atmospheric Re- Known mainly for the contributions of $10 million authorized in my bill would search of the National Science Foundation; citizen-soldiers to their States and end these cutbacks, and may also be (E) at least 2 shall be representatives of communities, today the men and used to open new Youth Challenge the National Oceanic and Atmospheric Ad- academies, giving more at-risk youth a ministration of the Department of Com- women of the National Guard are serv- merce; ing on the front lines in Iraq and Af- chance to change their lives. Many of the citizen-soldiers of the (F) at least 1 shall be a representative of ghanistan, enduring hardships in two National Guard serve our country in institutions of higher education or research of the world’s most dangerous places. distant lands, but their commitment to institutes; and In spite of the long deployments, far (G) at least 1 shall be a representative of a their communities continues. The leg- away from the small towns and big cit- State that is currently supporting oper- islation I introduce today will ies that these citizen-soldiers call ational weather modification projects. strengthen that commitment by ex- home, the National Guard continues its (2) TENURE.—A member of the Board serves panding the National Guard Youth at the pleasure of the Secretary of Com- work for our States and the American Challenge Program for disadvantaged merce. people. Today, I introduce legislation youth. (3) VACANCIES.—Any vacancy on the Board to support a most successful program shall be filled in the same manner as the that has helped the National Guard By Mrs. HUTCHISON: original appointment. change the lives of tens of thousands of S. 517. A bill to establish a Weather (b) ADVISORY COMMITTEES.—The Board may young Americans. Modification Operations and Research establish advisory committees to advise the In 1991, I provided the first funding to Board, and for other purposes; to the Board and to make recommendations to the Board concerning legislation, policies, ad- establish a pilot program known as the Committee on Commerce, Science, and ministration, research, and other matters. National Guard Civilian Youth Oppor- Transportation. (c) INITIAL MEETING.—Not later than 30 tunities Program. Over the years, this Mrs. HUTCHISON. Mr. President, I days after the date on which all members of program has expanded in size and scope ask unanimous consent that the text of the Board have been appointed, the Board and is now known as the National the bill be printed in the RECORD. shall hold its first meeting. Guard Youth Challenge Program. There being no objection, the bill was (d) MEETINGS.—The Board shall meet at ordered to be printed in the RECORD, as the call of the Chair. The Youth Challenge Program gives (e) QUORUM.—A majority of the members of high school dropouts the skills they follows: the Board shall constitute a quorum, but a need to turn their lives around. The ad- S. 517 lesser number of members may hold hear- vantage of using the National Guard to Be it enacted by the Senate and House of Rep- ings. provide a structured environment for resentatives of the United States of America in (f) CHAIR AND VICE CHAIR.—The Board shall these students has been confirmed in Congress assembled, select a Chair and Vice Chair from among its studies by the Defense Science Board SECTION 1. SHORT TITLE. members. This Act may be cited as the ‘‘Weather in 2000, the White House Task Force on SEC. 5. DUTIES OF THE BOARD. Modification Research and Technology (a) PROMOTION OF RESEARCH AND DEVELOP- Disadvantaged Children in 2003, and the Transfer Authorization Act of 2005’’. MENT.—In order to assist in expanding the Department of Defense in 2004. SEC. 2. PURPOSE. theoretical and practical knowledge of The program now operates 27 acad- It is the purpose of this Act to develop and weather modification, the Board shall pro- emies in 24 States, including West Vir- implement a comprehensive and coordinated mote and fund research and development, ginia, Alaska, Hawaii, Georgia, Lou- national weather modification policy and a studies, and investigations with respect to— isiana, Virginia, Michigan, Florida, national cooperative Federal and State pro- (1) improved forecast and decision-making Texas, North Carolina, and South Caro- gram of weather modification research and technologies for weather modification oper- development. lina. Over 5,000 cadets are now in train- ations, including tailored computer SEC. 3. DEFINITIONS. workstations and software and new observa- ing, and more than 58,000 have grad- In this Act: tion systems with remote sensors; and uated from the program since 1993. (1) BOARD.—The term ‘‘Board’’ means the (2) assessments and evaluations of the effi- Fully three-quarters of the Youth Weather Modification Advisory and Research cacy of weather modification, both purpose- Challenge graduates have earned their Board. ful (including cloud-seeding operations) and

VerDate jul 14 2003 04:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.074 S03PT1 S2026 CONGRESSIONAL RECORD — SENATE March 3, 2005 inadvertent (including downwind effects and monitoring program in each State; to cians want to treat pain without con- anthropogenic effects). the Committee on Health, Education, tributing to addiction. Law enforce- (b) FINANCIAL ASSISTANCE.—Unless the use Labor, and Pensions. ment officials want to stop the flow of of the money is restricted or subject to any Mr. KENNEDY. Mr. President, it is a prescription drugs from pharmacies to limitations provided by law, the Board shall privilege to join Senator SESSIONS, use amounts in the Weather Modification the streets. A national prescription Research and Development Fund— Senator DURBIN and Senator DODD in drug monitoring program will provide (1) to pay its expenses in the administra- introducing the ‘‘National All Sched- a valuable resource to achieve these tion of this Act, and ules Prescription Electronic Reporting goals. I commend Senator SESSIONS for (2) to provide for research and development Act.’’ Our goal is to help States estab- his leadership on this important health with respect to weather modifications by lish electronic databases to monitor issue, and I urge my colleagues to join grants to, or contracts or cooperative ar- the use of prescription drugs and deal us in this effort to fight prescription rangements, with public or private agencies. more effectively with the growing na- drug abuse. (c) REPORT.—The Board shall submit to the tional problem of prescription drug Secretary biennially a report on its findings abuse. By Mrs. HUTCHISON: and research results. Over 6 million Americans currently S. 519. A bill to amend the Lower Rio SEC. 6. POWERS OF THE BOARD. use prescription drugs for non-medical Grande Valley Water Resources Con- (a) STUDIES, INVESTIGATIONS AND HEAR- purposes. 31 million say they’ve abused servation and Improvement Act of 2000 INGS.—The Board may make any studies or to authorize additional projects and ac- investigations, obtain any information, and such drugs at least once in their life- hold any hearings necessary or proper to ad- time. Since 1992, the number of young tivities under that Act, and for other minister or enforce this Act or any rules or adults who abuse prescription pain re- purposes; to the Committee on Energy orders issued under this Act. lievers and other addictive drugs has and Natural Resources. (b) PERSONNEL.—The Board may employ, as more than tripled. Prescription drug Mrs. HUTCHISON. Mr. President, I provided for in appropriations Acts, an Exec- abuse among youths 12 to 17 has soared rise today to offer a bill that is vital utive Director and other support staff nec- tenfold. for water conservation in my home essary to perform duties and functions under State programs to monitor addictive State of Texas. This legislation would this Act. medications can help curb this abuse. amend The Lower Rio Grande Valley (c) COOPERATION WITH OTHER AGENCIES.— Currently, 20 States have such pro- Water Resources and Conservation Im- The Board may cooperate with public or pri- provement Act of 2000, which was vate agencies to promote the purposes of this grams in place, including Massachu- Act. setts, but they vary greatly in the col- passed with Unanimous Consent in the (d) COOPERATIVE AGREEMENTS.—The Board lection and storage of the data, and in 106th Congress, to authorize work need- may enter into cooperative agreements with the methods for using the databases. ed to conserve and enhance water sup- the head of any department or agency of the The information contained in these plies in the Lower Rio Grande Valley. United States, an appropriate official of any databases is important, because it can It would do so by improving the water State or political subdivision of a State, or be used to identify physicians and pa- infrastructure used by farmers, ranch- an appropriate official of any private or pub- tients who encourage the non-medical ers, municipalities and a growing popu- lic agency or organization for conducting use of prescription drugs. It can also be lation. weather modification activities or cloud- Improving water conveyance infra- seeding operations. used to reduce the diversion of pre- structure is the top priority for en- (e) CONDUCT AND CONTRACTS FOR RESEARCH scription drugs for illegal use. AND DEVELOPMENT.—The Executive Director, Our bill authorizes the Secretary of hancing water conservation in the with the approval of the Board, may conduct HHS to make grants to States to estab- Lower Rio Grande Valley. Currently, and may contract for research and develop- lish these needed monitoring programs. unprecedented growth coupled with ment activities relating to the purposes of For States with existing programs, the Mexico’s past failure to comply with this section. grants can be used to improve their the 1944 Water treaty, reinforces the SEC. 7. COOPERATION WITH THE WEATHER systems and standardize the data col- dire need for water conservation. The MODIFICATION OPERATIONS AND lected to allow easy sharing of the in- Lower Rio Grande Valley depends upon RESEARCH BOARD. an adequate supply of water. Studies The heads of the departments and agencies formation between the States. of the United States and the heads of any Any such program, however, must in- show that water losses resulting from other public or private agencies and institu- clude strong safeguards for medical seepage, spills and evaporation exceed tions that receive research funds from the privacy, and make certain that the 68 billion gallons of water per year, un- United States shall, to the extent possible, database cannot be used to put im- derscoring the pressing demand for im- give full support and cooperation to the proper pressure on physicians to avoid provements which will ensure efficient Board and to initiate independent research prescribing essential drugs. The proper conservation of water. and development programs that address treatment of pain, for example, is an By enacting this legislation, 19 addi- weather modifications. enormous medical challenge, but this tional water districts will enhance SEC. 8. FUNDING. essential care will be much more dif- their ability to conserve their re- (a) IN GENERAL.—There is established with- ficult if patients fear that their pre- sources. Residents in the Lower Rio in the Treasury of the United States the scription histories will not be pro- Grande Valley will not be forced to Weather Modification Research and Develop- rely on canal systems subject to seep- ment Fund, which shall consist of amounts tected, or if physicians begin to look appropriated pursuant to subsection (b) or over their shoulder every time they age and evaporation. Improving irriga- received by the Board under subsection (c). prescribe pain medication. tion systems and updating this 100– (b) AUTHORIZATION OF APPROPRIATIONS.— We all share the goal of reaching the year-old water distribution system will There is authorized to be appropriated to the right balance between the interests of provide citizens in South Texas with a Board for the purposes of carrying out the patients, physicians, and law enforce- sufficient supply of one of nature’s provisions of this Act $10,000,000 for each of ment, and we think this legislation most valuable resources. Rather than fiscal years 2005 through 2014. Any sums ap- does that. It requires that in grant ap- waiting for the unpredictability of propriated under this subsection shall re- plications, States must propose secu- Mother Nature to increase water re- main available, without fiscal year limita- rity standards for the electronic data- sources through rainstorms, these com- tion, until expended. bases, including appropriate encryption (c) GIFTS.—The Board may accept, use, and munities can rely on more effective dispose of gifts or donations of services or or other information technology. water systems. property. States also must propose standards for I look forward to working with my SEC. 9. EFFECTIVE DATE. using the database and obtaining the colleagues to pass this measure to help This Act shall take effect on October 1, information, including certifications to the citizens of the Lower Rio Grande 2005. be sure that requests for information Valley better conserve their water re- are legitimate. The bill requires the sources. I ask unanimous consent that By Mr. SESSIONS (for himself, Secretary to provide a follow-up anal- the text of the bill be printed in the Mr. DURBIN, Mr. KENNEDY, and ysis of the privacy protections within RECORD. Mr. DODD): two years after enactment. There being no objection, the bill was S. 518. A bill to provide for the estab- The national problem of prescription ordered to be printed in the RECORD, as lishment of a controlled substance drug abuse worsens every year. Physi- follows:

VerDate jul 14 2003 04:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.064 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2027 S. 519 tified in an engineering report dated March in paragraphs (1) through (19) of subsection Be it enacted by the Senate and House of Rep- 5, 2004 by Melden and Hunt at a cost of (a), and $42,356,145 (2004 dollars) for projects resentatives of the United States of America in $4,609,000. referred to in paragraphs (20) through (38) of Congress assembled, ‘‘(32) In the Hidalgo County, Texas, subsection (a)’’. Engelman Irrigation District, water con- SECTION 1. SHORT TITLE. servation and improvement projects as iden- By Mrs. HUTCHISON (for herself, This Act may be cited as the ‘‘Lower Rio tified in an engineering report dated March Grande Valley Water Resources Conserva- Mr. KENNEDY, Mr. CORNYN, and 5, 2004 by Melden and Hunt, Inc. at a cost of tion and Improvement Act of 2005’’. Mr. SCHUMER): $2,251,480. S. 521. A bill to amend the Public SEC. 2. AUTHORIZATION OF ADDITIONAL ‘‘(33) In the Hidalgo County, Texas, Valley Health Service Act to direct the Sec- PROJECTS AND ACTIVITIES UNDER Acres Water District, water conservation THE LOWER RIO GRANDE WATER retary of Health and Human Services CONSERVATION AND IMPROVEMENT and improvement projects as identified in an engineering report dated March, 2004 by to establish, promote, and support a PROGRAM. comprehensive prevention, research, (a) ADDITIONAL PROJECTS.—Section 4(a) of Axiom-Blair Engineering at a cost of the Lower Rio Grande Valley Water Re- $500,000. and medical management referral pro- sources Conservation and Improvement Act ‘‘(34) In the Hudspeth County, Texas, gram for hepatitis C virus infection; to of 2000 (Public Law 106–576; 114 Stat. 3067) is Hudspeth County Conservation and Reclama- the Committee on Health, Education, amended by adding at the end the following: tion District No. 1, water conservation and Labor, and Pensions. ‘‘(20) In Cameron County, Texas, Bayview improvement projects as identified in the Mrs. HUTCHISON. Mr. President, I Irrigation District No. 11, water conserva- March, 2004, engineering report by Axiom- ask unanimous consent that the text of Blair Engineering at a cost of $1,500,000. tion and improvement projects as identified the bill be printed in the RECORD. in the March 3, 2004, engineering report by ‘‘(35) In the El Paso County, Texas, El Paso There being no objection, the bill was NRS Consulting Engineers at a cost of County Water Improvement District No. 1, water conservation and improvement ordered to be printed in the RECORD, as $1,425,219. follows: ‘‘(21) In the Cameron County, Texas, projects as identified in the March, 2004, en- Brownsville Irrigation District, water con- gineering report by Axiom-Blair Engineering S. 521 servation and improvement projects as iden- at a cost of $10,500,000. Be it enacted by the Senate and House of Rep- tified in the February 11, 2004 engineering re- ‘‘(36) In the Hidalgo County, Texas, Donna resentatives of the United States of America in port by NRS Consulting Engineers at a cost Irrigation District, water conservation and Congress assembled, of $722,100. improvement projects identified in an engi- SECTION 1. SHORT TITLE. ‘‘(22) In the Cameron County, Texas Har- neering report dated March 22, 2004 by This Act may be cited as the ‘‘Hepatitis C lingen Irrigation District No. 1, water con- Melden and Hunt, Inc. at a cost of $2,500,000. Epidemic Control and Prevention Act’’. servation and improvement projects as iden- ‘‘(37) In the Hidalgo County, Texas, Hi- SEC. 2. FINDINGS. tified in the March, 2004, engineering report dalgo County Irrigation District No. 16, Congress makes the following findings: by Axiom-Blair Engineering at a cost of water conservation and improvement (1) Approximately 5,000,000 Americans are $4,173,950. projects identified in an engineering report infected with the hepatitis C virus (referred ‘‘(23) In the Cameron County, Texas, Cam- dated March 22, 2004 by Melden and Hunt, to in this section as ‘‘HCV’’), and more than eron County Irrigation District No. 2, water Inc. at a cost of $2,800,000. 3,000,000 Americans are chronically infected, conservation and improvement projects as ‘‘(38) The United Irrigation District of Hi- making HCV the Nation’s most common identified in the February 11, 2004 engineer- dalgo County water conservation and im- chronic blood borne virus infection. ing report by NRS Consulting Engineers at a provement projects identified in a March (2) Nearly 2 percent of the population of cost of $8,269,576. 2004 engineering report by Sigler Winston, the United States have been infected with ‘‘(24) In the Cameron County, Texas, Cam- Greenwood and Associates at a cost of HCV. eron County Irrigation District No. 6, water $6,067,021.’’. (3) Conservative estimates indicate that conservation and improvement projects as (b) INCLUSION OF ACTIVITIES TO CONSERVE approximately 30,000 Americans are newly identified in an engineering report by Turner WATER OR IMPROVE SUPPLY; TRANSFERS infected with HCV each year, and that num- Collie Braden, Inc., at a cost of $5,607,300. AMONG PROJECTS.—Section 4 of the Lower ber has been growing since 2001. ‘‘(25) In the Cameron County, Texas, Rio Grande Valley Water Resources Con- (4) HCV infection, in the United States, is Adams Gardens Irrigation District No. 19, servation and Improvement Act of 2000 (Pub- the most common cause of chronic liver dis- water conservation and improvement lic Law 106–576; 114 Stat. 3067) is amended— ease, liver cirrhosis, and liver cancer, the projects as identified in the March, 2004 engi- (1) by redesignating subsection (c) as sub- most common indication for liver trans- neering report by Axiom-Blair Engineering section (e); and plant, and the leading cause of death in peo- at a cost of $2,500,000. (2) by inserting after subsection (b) the fol- ple with HIV/AIDS. In addition, there may be ‘‘(26) In the Hidalgo and Cameron Counties, lowing: links between HCV and certain other dis- ‘‘(c) INCLUSION OF ACTIVITIES TO CONSERVE Texas, Hidalgo and Cameron Counties Irriga- eases, given that a high number of people in- WATER OR IMPROVE SUPPLY.—In addition to tion District No. 9, water conservation and fected with HCV also suffer from type 2 dia- the activities identified in the engineering improvement projects as identified by the betes, lymphoma, thyroid and certain blood reports referred to in subsection (a), each February 11 engineering report by NRS Con- project that the Secretary conducts or par- disorders, and autoimmune disease. sulting Engineers at a cost of $8,929,152. ticipates in under subsection (a) may include (5) The majority of individuals infected ‘‘(27) In the Hidalgo and Willacy Counties, any of the following: with HCV are unaware of their infection. In- Texas, Delta Lake Irrigation District, water ‘‘(1) The replacement of irrigation canals dividuals infected with HCV serve as a conservation and improvement projects as and lateral canals with buried pipelines. source of transmission to others and, since identified in the March, 2004 engineering re- ‘‘(2) The impervious lining of irrigation ca- few individuals are aware they are infected, port by Axiom-Blair Engineering at a cost of nals and lateral canals. they are unlikely to take precautions to pre- $8,000,000. ‘‘(3) Installation of water level, flow meas- vent the spread or exacerbation of their in- ‘‘(28) In the Hidalgo County, Texas, Hi- urement, pump control, and telemetry sys- fection. dalgo County Irrigation District No. 2, a tems. (6) There is no vaccine available to prevent water conservation and improvement project ‘‘(4) The renovation and replacement of HCV infection. identified in the engineering reports at- pumping plants. (7) Treatments are available that can tached to a letter dated February 11, 2004, ‘‘(5) Other activities that will result in the eradicate the disease in approximately 50 from the district’s general manager, at a conservation of water or an improved supply percent of those who are treated, and behav- cost of $5,312,475. of water. ioral changes can slow the progression of the ‘‘(29) In the Hidalgo County, Texas, Hi- ‘‘(d) TRANSFERS AMONG PROJECTS.—Of disease. dalgo County Irrigation District No. 1, water amounts made available for a project re- (8) Conservative estimates place the costs conservation and improvement projects iden- ferred to in any of paragraphs (20) through of direct medical expenses for HCV at more tified in an engineering report dated March (38) of subsection (a), the Secretary may than $1,000,000,000 in the United States annu- 5, 2004 by Melden and Hunt, Inc. at a cost of transfer and use for another such project up ally, and such costs will undoubtedly in- $5,595,018. to 10 percent.’’. crease in the absence of expanded prevention ‘‘(30) In the Hidalgo County, Texas, Hi- SEC. 3. REAUTHORIZATION OF APPROPRIATIONS and treatment efforts. dalgo County Irrigation District No. 6, water FOR LOWER RIO GRANDE CON- (9) To combat the HCV epidemic in the conservation and improvement projects as STRUCTION. United States, the Centers for Disease Con- identified in the March, 2004, engineering re- Section 4(e) of the Lower Rio Grande Val- trol and Prevention developed Recommenda- port by Axiom-Blair Engineering at a cost of ley Water Resources Conservation and Im- tions for Prevention and Control of Hepatitis $3,450,000. provement Act of 2000 (Public Law 106–576; C Virus (HCV) Infection and HCV-Related ‘‘(31) In the Hidalgo County, Texas Santa 114 Stat. 3067) (as redesignated by section Chronic Disease in 1998 and the National Cruz Irrigation District No. 15, water con- 2(b)) is amended by inserting before the pe- Hepatitis C Prevention Strategy in 2001, and servation and improvement projects as iden- riod the following: ‘‘for projects referred to the National Institutes of Health convened

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.070 S03PT1 S2028 CONGRESSIONAL RECORD — SENATE March 3, 2005 Consensus Development Conferences on the ease detection, prevention, and surveillance ‘‘(I) Issues relating to health insurance. Management of Hepatitis C in 1997 and 2002. outcomes) and addressing gaps in the cov- ‘‘(II) To screen or determine suitability for These recommendations and guidelines pro- erage or effectiveness of the plan. employment. vide a framework for HCV prevention, con- ‘‘(2) PUBLICATION OF NOTICE OF ASSESS- ‘‘(III) To discharge a person from employ- trol, research, and medical management re- MENTS.—Not later than October 1 of the first ment. ferral programs. even numbered year beginning after the date ‘‘(B) COUNSELING REGARDING VIRAL HEPA- (10) The Department of Veterans Affairs of enactment of the Hepatitis C Epidemic TITIS.—The Secretary shall support State, (referred to in this paragraph as the ‘‘VA’’), Control and Prevention Act, and October 1 of local, and tribal programs in a wide variety which cares for more people infected with each even numbered year thereafter, the of settings, including those providing pri- HCV than any other health care system, is Secretary shall publish in the Federal Reg- mary and specialty healthcare services in the Nation’s leader in HCV screening, test- ister a notice of the results of the assess- nonprofit private and public sectors, to— ing, and treatment. Since 1998, it has been ments conducted under paragraph (1). Such ‘‘(i) provide individuals with information the VA’s policy to screen for HCV risk fac- notice shall include— about ongoing risk factors for HCV infection tors all veterans receiving VA health care, ‘‘(A) a description of any revisions to the with client-centered education and coun- and the VA currently recommends testing plan developed under subsection (a) as a re- seling that concentrates on changing behav- for all those who are found to be ‘‘at risk’’ sult of the assessment; iors that place them at risk for infection; for the virus and for all others who wish to ‘‘(B) an explanation of the basis for any and be tested. In fiscal year 2004, over 98 percent such revisions, including the ways in which ‘‘(ii) provide individuals infected with HCV of VA patients had been screened for HCV such revisions can reasonably be expected to with education and counseling to reduce the risk factors, and over 90 percent of those ‘‘at further promote the original goals and objec- risk of harm to themselves and transmission risk’’ were tested. For all veterans who test tives of the plan; and of the virus to others. positive for HCV and enroll in VA medical ‘‘(C) in the case of a determination by the ‘‘(C) VACCINATION AGAINST VIRAL HEPA- care, the VA offers medications that can Secretary that the plan does not need revi- TITIS.—With respect to individuals infected, help HCV or its complications. The VA also sion, an explanation of the basis for such de- or at risk for infection, with HCV, the Sec- has programs for HCV patient and provider termination. retary shall provide for— education, clinical care, data-based quality ‘‘SEC. 399BB. ELEMENTS OF THE FEDERAL PLAN ‘‘(i) the vaccination of such individuals improvement, and research, and it has 4 Hep- FOR THE PREVENTION, CONTROL, against hepatitis A virus, HBV, and other in- atitis C Resource Centers to develop and dis- AND MEDICAL MANAGEMENT OF fectious diseases, as appropriate, for which seminate innovative practices and tools to HEPATITIS C. such individuals may be at increased risk; ‘‘(a) EDUCATION AND TRAINING.—The Sec- improve patient care. This comprehensive and retary, acting through the Director of the program should be commended and could po- ‘‘(ii) the counseling of such individuals re- Centers for Disease Control and Prevention, tentially serve as a model for future HCV garding hepatitis A, HBV, and other viral shall implement programs to increase aware- programs. hepatides. ness and enhance knowledge and under- ‘‘(D) MEDICAL REFERRAL.—The Secretary (11) Federal support is necessary to in- standing of HCV. Such programs shall in- crease knowledge and awareness of HCV and shall support— clude— ‘‘(i) referral of persons infected with or at to assist State and local prevention and con- ‘‘(1) the conduct of health education, pub- risk for HCV, for drug or alcohol abuse treat- trol efforts. lic awareness campaigns, and community ment where appropriate; and SEC. 3. PREVENTION, CONTROL, AND MEDICAL outreach activities to promote public aware- ‘‘(ii) referral of persons infected with MANAGEMENT OF HEPATITIS C. ness and knowledge about risk factors, the HCV— Title III of the Public Health Service Act transmission and prevention of infection ‘‘(I) for medical evaluation to determine (42 U.S.C. 241 et seq.) is amended by adding with HCV, the value of screening for the their stage of chronic HCV and suitability at the end the following: early detection of HCV infection, and options for antiviral treatment; and ‘‘PART R—PREVENTION, CONTROL, AND available for the treatment of chronic HCV; ‘‘(II) for ongoing medical management of MEDICAL MANAGEMENT OF HEPATITIS C ‘‘(2) the training of healthcare profes- HCV. ‘‘SEC. 399AA. FEDERAL PLAN FOR THE PREVEN- sionals regarding the prevention, detection, ‘‘(3) HEPATITIS C COORDINATORS.—The Sec- TION, CONTROL, AND MEDICAL MAN- and medical management of the hepatitis B retary, acting through the Director of the AGEMENT OF HEPATITIS C. virus (referred to in this part as ‘HBV’) and Centers for Disease Control and Prevention, ‘‘(a) IN GENERAL.—The Secretary shall de- HCV, and the importance of vaccinating shall, upon request, provide a Hepatitis C Co- velop and implement a plan for the preven- HCV-infected individuals and those at risk ordinator to a State health department in tion, control, and medical management of for HCV infection against the hepatitis A order to enhance the management, net- the hepatitis C virus (referred to in this part virus and HBV; and working, and technical expertise needed to as ‘HCV’) that includes strategies for edu- ‘‘(3) the development and distribution of ensure successful integration of HCV preven- cation and training, surveillance and early curricula (including information relating to tion and control activities into existing pub- detection, and research. the special needs of individuals infected with lic health programs. ‘‘(b) INPUT IN DEVELOPMENT OF PLAN.—In HBV or HCV, such as the importance of early ‘‘(c) SURVEILLANCE AND EPIDEMIOLOGY.— developing the plan under subsection (a), the intervention and treatment and the recogni- ‘‘(1) IN GENERAL.—The Secretary shall pro- Secretary shall— tion of psychosocial needs) for individuals mote and support the establishment and ‘‘(1) be guided by existing recommenda- providing hepatitis counseling, as well as maintenance of State HCV surveillance data- tions of the Centers for Disease Control and support for the implementation of such cur- bases, in order to— Prevention and the National Institutes of ricula by State and local public health agen- ‘‘(A) identify risk factors for HCV infec- Health; and cies. tion; ‘‘(2) consult with— ‘‘(b) EARLY DETECTION AND SURVEIL- ‘‘(B) identify trends in the incidence of ‘‘(A) the Director of the Centers for Dis- LANCE.— acute and chronic HCV; ease Control and Prevention; ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(C) identify trends in the prevalence of ‘‘(B) the Director of the National Insti- through the Director of the Centers for Dis- HCV infection among groups that may be tutes of Health; ease Control and Prevention, shall support disproportionately affected by HCV, includ- ‘‘(C) the Administrator of the Health Re- activities described in paragraph (2) to pro- ing individuals living with HIV, military sources and Services Administration; mote the early detection of HCV infection, veterans, emergency first responders, racial ‘‘(D) the heads of other Federal agencies or identify risk factors for infection, and con- or ethnic minorities, and individuals who en- offices providing services to individuals with duct surveillance of HCV infection trends. gage in high risk behaviors, such as intra- HCV infections or the functions of which ‘‘(2) ACTIVITIES.— venous drug use; and otherwise involve HCV; ‘‘(A) VOLUNTARY TESTING PROGRAMS.— ‘‘(D) assess and improve HCV infection pre- ‘‘(E) medical advisory bodies that address ‘‘(i) IN GENERAL.—The Secretary shall sup- vention programs. issues related to HCV; and port and promote the development of State, ‘‘(2) SEROPREVALENCE STUDIES.—The Sec- ‘‘(F) the public, including— local, and tribal voluntary HCV testing pro- retary shall conduct a population-based ‘‘(i) individuals infected with the HCV; and grams to aid in the early identification of in- seroprevalence study to estimate the current ‘‘(ii) advocates concerned with issues re- fected individuals. and future impact of HCV. Such studies shall lated to HCV. ‘‘(ii) CONFIDENTIALITY OF TEST RESULTS.— consider the economic and clinical impacts ‘‘(c) BIENNIAL ASSESSMENT OF PLAN.— The results of a HCV test conducted by a of HCV, as well as the impact of HCV on ‘‘(1) IN GENERAL.—The Secretary shall con- testing program developed or supported quality of life. duct a biennial assessment of the plan devel- under this subparagraph shall be considered ‘‘(3) CONFIDENTIALITY.—Information con- oped under subsection (a) for the purpose of protected health information (in a manner tained in the databases under paragraph (1) incorporating into such plan new knowledge consistent with regulations promulgated or derived through studies under paragraph or observations relating to HCV and chronic under section 264(c) of the Health Insurance (2) shall be de-identified in a manner con- HCV (such as knowledge and observations Portability and Accountability Act of 1996 sistent with regulations under section 264(c) that may be derived from clinical, labora- (42 U.S.C. 1320d–2 note)) and may not be used of the Health Insurance Portability and Ac- tory, and epidemiological research and dis- for any of the following: countability Act of 1996.

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.065 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2029 ‘‘(d) RESEARCH NETWORK.—The Secretary, atitis C Epidemic Control and Prevention trol and Prevention project a 4-fold in- acting through the Director of the Centers Act, the Director of the National Institutes crease in the number of persons with for Disease Control and Prevention and the of Health shall establish a board to be known chronic infection of the virus. Director of the National Institutes of Health, as the Liver Disease Research Advisory Persons infected with the Hepatitis C shall— Board (referred to in this section as the ‘Ad- ‘‘(1) conduct epidemiologic research to visory Board’). virus come from all walks of life, but identify best practices for HCV prevention; ‘‘(b) DUTIES.—The Advisory Board shall ad- those at greatest risk include health ‘‘(2) establish and support a Hepatitis C vise and assist the Director of the National workers, emergency service personnel, Clinical Research Network for the purpose of Institutes of Health concerning matters re- and drug users. Tragically, the major- conducting research related to the treatment lating to liver disease research, including by ity of infected individuals are unaware and medical management of HCV; and developing and revising the Liver Disease of their infection, are not receiving ‘‘(3) conduct basic research to identify new Research Action Plan. treatment, and are sources of trans- approaches to prevention (such as vaccines) ‘‘(c) VOTING MEMBERS.—The Advisory mission of the virus to others. Board shall be composed of 18 voting mem- and treatment for HCV. Infection with the Hepatitis C virus ‘‘(e) REFERRAL FOR MEDICAL MANAGEMENT bers to be appointed by the Director of the OF CHRONIC HCV.—The Secretary shall sup- National Institutes of Health, in consulta- has serious health effects. It can cause port and promote State, local, and tribal tion with the Director of the National Insti- liver disease, including cirrhosis and programs to provide HCV-positive individ- tute of Diabetes and Digestive and Kidney liver cancer, and is the leading indi- uals with referral for medical evaluation and Diseases (referred to in this subsection as cator for liver transplants. The ill- management, including currently rec- the ‘NIDDK’), of whom 12 such individuals nesses are often life-threatening—up to ommended antiviral therapy when appro- shall be eminent scientists and 6 such indi- 10,000 Americans die yearly from Hepa- priate. viduals shall be lay persons. The Director of titis C complications, and it is the 7th ‘‘(f) UNDERSERVED AND DISPROPORTION- the National Institutes of Health, in con- leading cause of death for men between ATELY AFFECTED POPULATIONS.—In carrying sultation with the Director of the NIDDK, out this section, the Secretary shall provide shall select 1 of the members to serve as the the ages of 25 and 64. In addition to the expanded support for individuals with lim- Chair of the Advisory Board. human costs, the disease has massive ited access to health education, testing, and ‘‘(d) EX OFFICIO MEMBERS.—The Director of financial implications. Direct costs as- healthcare services and groups that may be the National Institutes of Health shall ap- sociated with care are expected to ex- disproportionately affected by HCV. point each director of a national research in- ceed $1 billion a year by 2010. Without ‘‘(g) STUDY AND REPORT REGARDING VA stitute that funds liver disease research to intervention, the epidemic is projected PROGRAM AND FEDERAL PLAN.— serve as a nonvoting, ex officio member of to result in costs of over $54 billion by ‘‘(1) STUDY.—The Secretary shall conduct a the Advisory Board. The Director of the Na- study to examine the comprehensive HCV tional Institutes of Health shall invite 1 rep- the year 2019. programs that have been implemented by the resentative of the Centers for Disease Con- Greater Federal investment will have Department of Veterans Affairs (referred to trol and Prevention, 1 representative of the a critical role in reversing this silent in this subsection as the ‘VA’), including the Food and Drug Administration, and 1 rep- epidemic. Our Hepatitis C bill will in- Hepatitis C Resource Center program, to de- resentative of the Department of Veterans crease public awareness of the dangers termine whether any of these programs, or Affairs to serve as such a member. Each ex of Hepatitis C, and make testing widely components of these programs, should be officio member of the Advisory Board may available. For those already infected, part of the Federal plan to combat HCV. appoint an individual to serve as that mem- it will provide counseling, referrals, ‘‘(2) REPORT.—Not later than 12 months ber’s representative on the Advisory Board. and vaccination against Hepatitis A after date of enactment of the Hepatitis C ‘‘(e) LIVER DISEASE RESEARCH ACTION Epidemic Control and Prevention Act, the PLAN.— and B and other infectious diseases. It Secretary shall submit to Congress a report ‘‘(1) DEVELOPMENT.—Not later than 15 will also support research to develop a that describes the results of the study re- months after the date of enactment of the vaccine against Hepatitis C, just as we quired under paragraph (1). Hepatitis C Epidemic Control and Preven- now have for Hepatitis A and B. It will ‘‘(3) CONSIDERATION OF REPORT.—The Sec- tion Act, the Advisory Board shall develop create a multiagency Liver Disease Re- retary shall take into consideration the con- (with appropriate support from the Director) search Advisory Board and mandate a tent of the report required under paragraph a comprehensive plan for the conduct and study of programs used by the Vet- (2) in conducting the biennial assessment re- support of liver disease research to be known quired under section 399AA(c). as the Liver Disease Research Action Plan. eran’s Administration, in order to pro- ‘‘(h) EVALUATION OF PROGRAM.—The Sec- The Advisory Board shall submit the Plan to vide important lessons and models of retary shall develop benchmarks for evalu- the Director of National Institutes of Health care for the nation. The Centers for ating the effectiveness of the programs and and the head of each institute or center Disease Control and Prevention will in- activities conducted under this section and within the National Institutes of Health that crease surveillance activities, and pro- make determinations as to whether such funds liver disease research. vide Hepatitis C coordinators to pro- benchmarks have been achieved. ‘‘(2) CONTENT.—The Liver Disease Research vide technical assistance and training ‘‘SEC. 399CC. GRANTS. Action Plan shall identify scientific opportu- to state public health agencies. ‘‘(a) IN GENERAL.—The Secretary may nities and priorities for liver disease re- This bill will have a major impact on search necessary to increase understanding award grants to, or enter into contracts or the lives of millions of Americans who cooperative agreements with, States, polit- of and to prevent, cure, and develop better ical subdivisions of States, Indian tribes, or treatment protocols for liver diseases. are infected by Hepatitis C, and the nonprofit entities that have special expertise ‘‘(3) REVISION.—The Advisory Board shall families and loved ones who care for relating to HCV, to carry out activities revise every 2 years the Liver Disease Re- them. I look forward to working close- under this part. search Action Plan, but shall meet annually ly with my colleagues to act quickly to ‘‘(b) APPLICATION.—To be eligible for a to review progress and to amend the Plan as pass this needed legislation. I espe- grant, contract, or cooperative agreement may be appropriate because of new scientific cially commend the impressive work of under subsection (a), an entity shall prepare discoveries.’’. the students at Robinson Secondary and submit to the Secretary an application Mr. KENNEDY. Mr. President, it is a School in Fairfax, VA, for their con- at such time, in such manner, and con- privilege to join Senators HUTCHINSON, taining such information as the Secretary tinuing dedication to informing Mem- SCHUMER, and CORNYN in introducing may require. bers of Congress about this important the Hepatitis C Epidemic Control and ‘‘SEC. 399DD. AUTHORIZATION OF APPROPRIA- issue and bringing national attention TIONS. Prevention Act. Our goal is to provide to it. ‘‘There are authorized to be appropriated for the prevention, control, and treat- to carry out this part $90,000,000 for fiscal ment of Hepatitis C viral infection By Mr. SALAZAR: year 2006, and such sums as may be necessary through education, surveillance, early S. 523. A bill to amend title 10, for each of fiscal years 2007 through 2010.’’. detection, and research. United States Code, to rename the SEC. 4. LIVER DISEASE RESEARCH ADVISORY Hepatitis C is the most common, death gratuity payable for deaths of BOARD. chronic, blood-borne infection in the members of the Armed Forces as fallen Part B of title IV of the Public Health United States. An estimated 5 million hero compensation, and for other pur- Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: Americans are now infected with the poses; to the Committee on Armed Hepatitis C virus, and 30,000 more are ‘‘SEC. 409J. LIVER DISEASE RESEARCH ADVISORY Services. BOARD. infected every year. The rate of infec- Mr. SALAZAR. Mr. President, I rise ‘‘(a) ESTABLISHMENT.—Not later than 90 tion continues to rise—between 1990 to introduce a simple piece of legisla- days after the date of enactment of the Hep- and 2015, the Centers for Disease Con- tion. The idea underlying this bill is

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.065 S03PT1 S2030 CONGRESSIONAL RECORD — SENATE March 3, 2005 simple: words matter. How we charac- (B) in paragraph (2), by striking ‘‘A death Why is this a problem? terize what we do sends a message, and gratuity’’ and inserting ‘‘Fallen hero com- Firstly, admission to the United nowhere is that more clear than in the pensation’’. States is a privilege and not a right. question of survivor benefits for sur- (3) In section 1477(a), by striking ‘‘A death We should not tolerate fraud and de- gratuity’’ and inserting ‘‘Fallen hero com- vivors of military fatalities. pensation’’. ception at our ports of entry, particu- The Senate this year is considering (4) In section 1478(a), by striking ‘‘The larly because it should be apparent major increases in survivor benefits for death gratuity’’ and inserting ‘‘The amount that a terrorist organization as sophis- military families. That is as it should of fallen hero compensation’’. ticated as Al Qaeda is well aware of our be, and I am proud to support two spe- (5) In section 1479(1), by striking ‘‘the current procedures and can be expected cific proposals to increase that assist- death gratuity’’ and inserting ‘‘fallen hero to take full advantage of them. ance. compensation’’. Secondly, the 9/11 Commission found We have an historic opportunity to (6) In section 1489— that as many as 15 of the 19 hijackers raise both the direct DoD assistance (A) in subsection (a), by striking ‘‘a gra- on September 11, 2001 could have been tuity’’ in the matter preceding paragraph (1) and the life insurance payouts to fami- intercepted by border officials, based in lies from $12,420 to $100,000 and to pro- and inserting ‘‘fallen hero compensation’’; and part on their travel documents. In fact, vide an extra $150,000 in life insurance (B) in subsection (b)(2), by inserting ‘‘or all but one of the September 11 hijack- payouts. other assistance’’ after ‘‘lesser death gra- ers acquired some form of U.S. identi- We also have an opportunity to allow tuity’’. fication document and some of those full concurrent receipt of the DoD’s (b) CLERICAL AMENDMENTS.—(1) Such sub- documents were acquired by fraud. All Survivor Benefit Plan and the VA’s De- chapter is further amended by striking of the hijackers opened bank accounts pendency & Indemnity Compensation. ‘‘Death gratuity:’’ each place it appears in the heading of sections 1475 through 1480 and 1489 in their names and used passports and We also have the opportunity to im- other identification documents that prove the help that military survivors and inserting ‘‘Fallen hero compensation:’’. (2) The table of sections at the beginning of appeared valid on their face. get in navigating the bureaucracies of such subchapter is amended by striking Even before September 11, 2001, the the VA and the DoD to get the benefits ‘‘Death gratuity:’’ in the items relating to use of fraudulent immigration docu- they deserve. sections 1474 through 1480 and 1489 and in- ments to enter the United States was a And finally we have the opportunity serting ‘‘Fallen hero compensation:’’. threat that we did not sufficiently to protect military families from pred- (c) GENERAL REFERENCES.—Any reference heed. atory life insurance companies. All of to a death gratuity payable under sub- Let me give you some known exam- these reforms are needed, and all are chapter II of chapter 75 of title 10, United ples of terrorists who have entered, or within our reach this year. States Code, in any law, regulation, docu- ment, paper, or other record of the United attempted to enter the United States, As I studied this issue, I was struck States shall be deemed to be a reference to by the term ‘‘Death Gratuity.’’ That is with fraudulent travel documents: fallen hero compensation payable under such Ahmed Ajaj and Ramzi Yousef at- the name for the assistance that tax- subchapter, as amended by this section. payers make available to military sur- tempted to enter the United States vivors. The term gratuity means gift. By Mrs. FEINSTEIN (for herself with fraudulent passports. Both were I believe that not one of the widows, and Mr. SESSIONS): later implicated or convicted in the widowers, or children left behind think S. 524. A bill to strengthen the con- first World Trade Center bombing in of that money as a gift. These families sequences of the fraudulent use of February of 1993. and these heroes are the ones who have United States or foreign passports and Ahmed Ressam used a fraudulently given the gift to us. They are the ones other immigration documents; to the obtained Canadian passport, and, in who have given the ultimate sacrifice. Committee on the Judiciary. 1999 attempted to cross the border from I know that the name of the assist- Mrs. FEINSTEIN. Mr. President, Canada at Port Angeles in Washington ance is not as important as the assist- Senator SESSIONS and I are introducing State. A border inspector felt Mr. ance itself, but I am sure that hearing legislation to combat the use of fraudu- Ressam looked nervous, and a search of the term ‘‘gratuity’’ is a bitter pill for lent immigration documents, particu- his car turned up a trunk full of bombs. survivors who have just received the larly passports and other travel docu- There is some debate about the exact worst news of their lives. ments. target(s) of the attack; however, it I for one refuse the term ‘‘Death Gra- The need to prevent and prosecute seems likely that Los Angeles Inter- tuity,’’ and I am introducing legisla- passport and travel document fraud is national Airport and perhaps the mil- tion today to change it to ‘‘Fallen Hero clear, and this bill would increase pen- lennium celebrations in Seattle were Compensation.’’ alties for the use of fraudulent travel the intended targets. This is a simple change, but it more documents. It is no secret that: as the 9/11 Com- properly reflects the sacrifices military We know that the threat of terrorism mission Report makes clear, Al Qaeda survivors have made and more properly against the United States is real and as has established a complex inter- expresses the gratitude and dignity we the 9/11 Commission Report states, ‘‘for national travel network that allowed, owe these families. terrorists, travel documents are as im- and presumably still allows, its I ask unanimous consent that the portant as weapons.’’ In order to mini- operatives to legally travel worldwide text of this legislation be printed in mize the threat of terrorism to the to train, conduct reconnaissance or the RECORD. United States, we must make every ef- otherwise prepare for an attack. This There being no objection, the bill was fort to limit the use of fraudulent im- network included, and presumably still ordered to be printed in the RECORD, as migration documents. includes, the use of altered and coun- follows: The bill Senator SESSIONS and I are terfeit passports and visas. S. 523 introducing would make the use of Many countries, including France, Be it enacted by the Senate and House of Rep- fraudulent travel documents—such as Portugal and Saudi Arabia, have re- resentatives of the United States of America in passports, Border Crossing Cards, Ca- ported tens of thousands of passports Congress assembled, nadian driver’s licenses or identifica- and travel documents stolen. When SECTION 1. RENAMING OF DEATH GRATUITY tion cards, transportation letters for these are stolen in large numbers, they PAYABLE FOR DEATHS OF MEMBERS OF THE ARMED FORCES AS FALLEN parolees, military identification cards are sold on the black market to others. HERO COMPENSATION. or green cards—an aggravated felony The 9/11 Commission found that had (a) IN GENERAL.—Subchapter II of chapter which will mandate detention and in- the immigration system set a higher 75 of title 10, United States Code, is amended crease the likelihood of prosecution. bar for determining whether individ- as follows: Today, this is not the case. Instead, uals are who they claim to be—and en- (1) In section 1475(a), by striking ‘‘have a fraudulent documents are routinely re- sured consequences for any violations— death gratuity paid’’ and inserting ‘‘have turned to the offender and individuals it could potentially have denied entry, fallen hero compensation paid’’. (2) In section 1476(a)— are allowed to return home without deported or come into further contact (A) in paragraph (1), by striking ‘‘a death suffering any consequences from their with the terrorists that were involved gratuity’’ and inserting ‘‘fallen hero com- attempts to circumvent our immigra- in the September 11, 2001 attack on the pensation’’; and tion laws. United States.

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.067 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2031 Last year, the Department of Home- The purpose of this bill is twofold: (b) IMMIGRATION AND NATIONALITY ACT.— land Security Office of the Inspector first, to give the Department of Justice Section 101(a)(43)(P) of the Immigration and General issued the following reports on the incentive to vigorously prosecute Nationality Act (8 U.S.C. 1101(a)(43)(P)) is lost and stolen passports: ‘‘A Review of all cases involving passport and travel amended to read as follows: ‘‘(P) except for a first offense for which an the Use of Stolen passports from Visa document fraud, as well as certain alien affirmatively shows was committed Waiver Countries to Enter the United other egregious cases of immigration solely for the purpose of assisting, abetting, States’’, December 2004; and, ‘‘An Eval- document fraud. or aiding only the alien’s spouse, child, or uation of the Security Implications of Second, by encouraging policies that parent to violate a provision of this Act— the Visa Waiver Program’’ (April 2004). make these cases a priority for pros- ‘‘(i) an offense described in section 1542, I encourage my colleagues to read ecution, it will require that Depart- 1543, or 1544 of title 18, United States Code these reports on the vulnerabilities in ment of Homeland Security officials (relating to false statements in the applica- our current border security. To sum- not return fraudulent documents to tion, forgery, or misuse of a passport); ‘‘(ii) an offense described in section 1546(a) marize, the reports state that: In the travelers, but instead turn them over United States alone, immigration offi- of title 18, United States Code, relating to to the Department of Justice so that document fraud used as evidence of author- cials have records for 1.2 million stolen they can institute criminal pro- ized stay or employment in the United passports. ceedings. States for which the term of imprisonment is Aliens applying for admission into Unfortunately, the prosecution of im- at least 12 months; or the United States using stolen pass- migration document fraud is not a high ‘‘(iii) any other offense described in section ports have little reason to fear being priority for the Department of Justice, 1546(a) of title 18, United States Code, relat- caught and are usually admitted. It has because, although current penalties ing to entry into the United States, regard- been standard practice to simply re- allow for a sentence of up to 25 years, less of the term of imprisonment imposed.’’. turn a fraudulent passport to an indi- typically most alien’s convicted of SEC. 2. RELEASE AND DETENTION PRIOR TO DIS- vidual seeking entry and let them re- POSITION. travel document fraud serve less than Section 3142(f)(1) of title 18, United States turn to their country. This, in effect, is one year in prison. Code, is amended— the soft underbelly of the entire pass- Also, the immigration consequences (1) in subparagraph (C), by striking ‘‘or’’ port system. of document fraud are relatively after the semicolon; and The Director of the U.S. National minor. Low sentences, coupled with (2) by adding at the end the following: Central Bureau of INTERPOL said that minimal immigration consequences, do ‘‘(E) an offense under section 1542, 1543, for 55 of the 181 INTERPOL countries, not provide much incentive for U.S. At- 1544, or 1546(a) of this title; or’’. there probably were over 10 million torneys nationwide to consider the lost and stolen passports that might be By Mr. ALEXANDER (for him- prosecution of immigration document self, Mr. DODD, Mr. ENZI, Mr. in circulation. cases a priority nor can they be seen as Law enforcement officials state that KENNEDY, Mr. HATCH, and Mr. anything but a slap on the wrists of the ROBERTS): lost and stolen passports are the great- offenders. est security problem associated with S. 525. A bill to amend the Child Care Senator SESSIONS and I pose a solu- and Development Block Grant Act of the Visa Waiver Program. tion to this problem by toughening And now that I’ve mentioned the 1990 to reauthorize the Act, to improve penalties so that we instill in those Visa Waiver Program, let me say a few early learning opportunities and pro- seeking to use fraudulent travel and things about this program. mote school preparedness, and for I believe the Visa Waiver Program is immigration documents a real sense of other purposes; to the Committee on the Achilles heel in our immigration fear that they will be caught and pros- Health, Education, Labor, and Pen- system. This program allows roughly ecuted to the fullest extent possible sions. 13 million individuals to enter the under our laws. Mr. ALEXANDER. Mr. President, United States each year from 27 coun- In any kind of meaningful border pro- today I am here with Senator DODD and tries, without a visa—meaning they tection plan, one must have a good on behalf of Senator ENZI and Senator enter without a thorough background sense of who is entering and exiting the KENNEDY to introduce the Caring for and security check. country. That simply cannot be known Children Act of 2005 which reauthorizes Since we do not have in place a fully if the individual is using a fraudulent the Child Care and Development Block operational entry and exit program, document. Grant, CCDBG, program. This program specifically an exit system, we have no Mr. President, I ask my colleagues to provides funding to States for child real way of knowing if millions of trav- join me in supporting this legislation. care vouchers. I also ask by unanimous consent that elers who entered the United States Across the United States last year the text of this bill be printed in the have left as required. low-income parents of 2.3 million chil- Last year, Congress extended the RECORD. dren were able to use these certificates There being no objection, the bill was deadline for one year for countries par- or ‘‘vouchers’’ to help pay the cost of ordered to be printed in the RECORD ticipating in the Visa Waiver Program , as child care while the parents worked or to include biometric indicators in pass- follows: continued their education so they ports to verify the identity of bearers S. 524 could get a better job. at the request of the Administration. Be it enacted by the Senate and House of Rep- Last year, my home State of Ten- It is likely this deadline will again resentatives of the United States of America in nessee spent $251,760,528 for child care, Congress assembled, need to be extended. much of which came through the I believe that granting another ex- SECTION 1. FRAUDULENT USE OF PASSPORTS. CCDBG program. This important pro- (a) CRIMINAL CODE.— tension will be another opportunity for (1) SECRETARY OF HOMELAND SECURITY.— gram legislates how States are to ad- terrorists, organized crime rings, petty Section 1546 of title 18, United States Code, minister child care. States provide cer- crooks, counterfeiters and forgers to is amended by striking ‘‘the Commissioner of tificates to parents to choose the type continue entering the United States the Immigration and Naturalization Serv- of care that best fits their children’s virtually unnoticed because we won’t ice’’ each place it appears and inserting ‘‘the needs. be able to confirm that they are who Secretary of Homeland Security’’. In Tennessee, 1 percent of children they say they are. (2) DEFINITION OF PASSPORT.—Chapter 75 of receive care in their own home, 19 per- The bottom line is that we must title 18, United States Code, is amended by cent have chosen to place their chil- crack down on document fraud if we adding at the end the following: dren in family home care, 5 percent are are to protect our borders. There are ‘‘§ 1548. Definition in group care while the vast majority, thousands, even millions, of lost, sto- ‘‘In sections 1543 and 1544, the term ‘pass- 75 percent, are in child care centers. port’ means any passport issued by the len and fraudulent international pass- United States or any foreign country.’’. About 24,500 Tennessee families with ports, travel documents, driver’s li- (3) CLERICAL AMENDMENT.—The table of children are enrolled in some form of censes and other identity documents in sections for chapter 75 of title 18, United subsidized child care, and as of January circulation, and we must now allow States Code, is amended by adding at the end of this year, 46,591 children were receiv- those to compromise our homeland se- the following: ing subsidized child care in my home curity. ‘‘Sec. 1548. Definition.’’. State.

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.086 S03PT1 S2032 CONGRESSIONAL RECORD — SENATE March 3, 2005 A family of four, which is a typical her and her children to Tennessee’s Sec. 102. Authorization of appropriations. size for eligible families in Tennessee, Family First program. Sec. 103. Lead agency. is eligible for child care support when The Family First program and the Sec. 104. State plan. child care certificates she receives Sec. 105. Activities to improve the quality of their median income is no more than 60 child care. percent of the State’s median income. through this program enabled Tameka Sec. 106. Optional priority use of additional That means that families making to find work and become a better funds. $33,000 or less are eligible for some as- mother. She is currently working 40 Sec. 107. Reporting requirements. sistance, though they may also have to hours a week while working on her Sec. 108. National activities. make a co-payment. For example, a GED. She is about to take the test. Ev- Sec. 109. Allocation of funds for Indian family of four making $32,000 would be eryday she brings her children 4, 2, and tribes, quality improvement, required to pay $56 per week for the 1 to the McNeilly Center. Tameka feels and a hotline. Sec. 110. Definitions. first child and $42 per week for the sec- confident that not only are her chil- Sec. 111. Rules of construction. dren receiving quality care but also she ond child. TITLE II—ENHANCING SECURITY AT This year we are making the CCDBG is learning how to be a better mother. CHILD CARE CENTERS IN FEDERAL FA- program even better with four key im- Her children’s teachers are receptive CILITIES provements. and answer all of her questions. She Sec. 201. Definitions. First, the act increases the quality has learned to spend time reading to Sec. 202. Enhancing security. set-aside from 4 percent, current law, her children so she can contribute to TITLE III—REMOVAL OF BARRIERS TO to 6 percent. Eighty percent of parents their education, too. INCREASING THE SUPPLY OF QUALITY report that their child care is poor to The Federal CCDBG program funds CHILD CARE mediocre, so we need to take steps to the child care certificates Tameka re- Sec. 301. Small business child care grant pro- improve overall quality of care. The ceives. Without them, Tameka, and her gram. quality set-aside is used to offer train- children, would be in a very different TITLE I—CHILD CARE AND DEVELOP- ing and professional development to place today. MENT BLOCK GRANT ACT OF 1990 Tameka’s dream is to get her GED child care workers. States can also use SEC. 101. SHORT TITLE AND GOALS. and attend Tennessee State University. quality funds to provide technical as- (a) HEADING.—Section 658A of the Child sistance to child care facilities to help The support she receives has given her Care and Development Block Grant Act of them enhance learning opportunities the chance to realize that dream, and 1990 (42 U.S.C. 9801 note) is amended by strik- for pre-school or school-aged children make a better life for herself and her ing the section heading and inserting the fol- while in care. Of course, States could children. I expect her hard work to lowing: choose to do even more, and I am payoff. ‘‘SEC. 658A. SHORT TITLE AND GOALS.’’. happy to report that my own State of Another Tennessee parent who has (b) GOALS.—Section 658A(b) of the Child Tennessee spends at least 12 percent on benefited from the program is Renee Care and Development Block Grant Act of quality improvements. Prigmore. Renee is currently a toddler 1990 (42 U.S.C. 9801 note) is amended— Second, the act requires States to teacher at the McNeilly Center in (1) in paragraph (3), by striking ‘‘encour- Nashville. But she first found McNeilly age’’ and inserting ‘‘assist’’; use at least 70 percent of funds for di- (2) in paragraph (4), by striking ‘‘parents’’ rect services. This will ensure that as a parent, not as a teacher. As a sin- and all that follows and inserting ‘‘low-in- more of the money gets into the hands gle parent of three, she used her child come working parents;’’; of parents rather than State bureauc- care certificates at McNeilly to leave (3) by redesignating paragraph (5) as para- racies. Under current law, States vary her kids in quality care while she at- graph (8); and greatly in what percentage they use for tended community college. (4) by inserting after paragraph (4) the fol- direct services since current language Renee has attained her degree as a lowing: simply specifies that a ‘‘significant’’ Child Development Associate, CDA. ‘‘(5) to assist States in improving the qual- Her children are now 10, 6, and 4 and ity of child care available to families; portion be used for services. ‘‘(6) to promote school preparedness by en- Third, the legislation emphasizes the she is exiting out of the child care pro- couraging children, families, and caregivers importance of school preparedness by gram because she is able to provide for to engage in developmentally appropriate adding a new goal: development of pre- her three kids. The child care certifi- and age-appropriate activities in child care reading, prenumeracy, math and lan- cates she received enabled her to take settings that will— guage skills for children in care. Re- the time to receive that degree and ‘‘(A) improve the children’s social, emo- search has proven that a child’s brain provide for her family. tional, and behavioral skills; and doubles in size between birth and age 3. People like Tameka Payton and ‘‘(B) foster their early cognitive, pre-read- ing, and language development, and These are formative years for both Renee Prigmore have used the CCDBG program to build a new and better life prenumeracy and mathematics skills; physical and cognitive development. ‘‘(7) to promote parental and family in- Fourth, the bill establishes a tem- for their families. With the introduc- volvement in the education of young chil- porary small business competitive tion of the Caring for Children Act, we dren in child care settings; and’’. grant program to encourage small busi- can make that program even stronger, SEC. 102. AUTHORIZATION OF APPROPRIATIONS. nesses to work together to provide so that parents raising children are Section 658B of the Child Care and Devel- child care services for employees. Sen- able to build a better future for their opment Block Grant Act of 1990 (42 U.S.C. ator ROBERTS developed this innovative families. I ask my colleagues to join 9858) is amended by striking ‘‘subchapter’’ $30 million grant program, and I am with me in this important endeavor. and all that follows and inserting ‘‘sub- glad it could be included in the bill. I ask unanimous consent that the chapter $2,300,000,000 for fiscal year 2006, The CCDBG program is important for text of the bill be printed in the $2,500,000,000 for fiscal year 2007, $2,700,000,000 for fiscal year 2008, $2,900,000,000 for fiscal supporting parents raising children RECORD. There being no objection, the bill was year 2009, and $3,100,000,000 for fiscal year across the country. One such parent is 2010.’’. Tameka Payton. Tameka was nineth ordered to be printed in the RECORD, as follows: SEC. 103. LEAD AGENCY. grade when she had her first child, Section 658D(a) of the Child Care and De- Javonta. When she became pregnant, S. 525 velopment Block Grant Act of 1990 (42 U.S.C. Tameka was a ward of the State. She Be it enacted by the Senate and House of Rep- 9858b(a)) is amended by striking ‘‘designate’’ had grown up with an abusive mother resentatives of the United States of America in and all that follows and inserting ‘‘designate who was addicted to drugs. After being Congress assembled, an agency (which may be an appropriate col- removed from the care of her mother, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. laborative agency), or establish a joint inter- (a) SHORT TITLE.—This Act may be cited as she was placed in the care of her aunt agency office, that complies with the re- the ‘‘Caring for Children Act of 2005’’. quirements of subsection (b) to serve as the who also proved abusive. Tameka ran (b) TABLE OF CONTENTS.—The table of con- lead agency for the State under this sub- away, and was placed in the foster care tents for this Act is as follows: chapter.’’. system until she was 18. She then had Sec. 1. Short title; table of contents. SEC. 104. STATE PLAN. two more children, Jayla and Michael, TITLE I—CHILD CARE AND DEVELOP- (a) LEAD AGENCY.—Section 658E(c)(1) of the before finding a family resource center MENT BLOCK GRANT ACT OF 1990 Child Care and Development Block Grant at the Salvation Army that connected Sec. 101. Short title and goals. Act of 1990 (42 U.S.C. 9858c(c)(1)) is amended

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.081 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2033 by striking ‘‘designated’’ and inserting ‘‘des- with the State’s requirements for redeter- about eligibility for assistance under this ignated or established’’. mination of eligibility for assistance under subchapter.’’. (b) POLICIES AND PROCEDURES.—Section this subchapter. (c) USE OF BLOCK GRANT FUNDS.—Section 658E(c)(2) of the Child Care and Development ‘‘(ii) MINIMUM PERIOD.—Demonstrate that 658E(c)(3) the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)) each child that receives assistance under Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) is amended— this subchapter in the State will receive is amended— (1) in subparagraph (A)(i)(II), by striking such assistance for not less than 6 months (1) in subparagraph (A), by striking ‘‘as re- ‘‘section 658P(2)’’ and inserting ‘‘section before the State redetermines the eligibility quired under’’ and inserting ‘‘in accordance 658T(2)’’; of the child under this subchapter, except as with’’; and (2) by striking subparagraph (D) and in- provided in clause (iii). (2) in subparagraph (B)— serting the following: ‘‘(iii) PERIOD BEFORE TERMINATION.—At the (A) by striking ‘‘The State’’ and inserting ‘‘(D) CONSUMER AND CHILD CARE PROVIDER option of the State, demonstrate that the the following: EDUCATION INFORMATION.—Certify that the State will not terminate assistance under ‘‘(i) IN GENERAL.—The State’’; State will— this subchapter based on a parent’s loss of (B) in clause (i) (as designated in subpara- ‘‘(i) collect and disseminate, through re- work or cessation of attendance at a job graph (A)), by striking ‘‘appropriate to real- source and referral services and other means training or educational program for which ize any of the goals specified in paragraphs as determined by the State, to parents of eli- the family was receiving the assistance, (2) through (5) of section 658A(b)’’ and insert- gible children, child care providers, and the ing ‘‘appropriate (which may include an ac- general public, information regarding— without continuing the assistance for a rea- tivity described in clause (ii)) to realize any ‘‘(I) the promotion of informed child care sonable period of time, of not less than 1 of the goals specified in paragraphs (2) choices, including information about the month, after such loss or cessation in order through (8) of section 658A(b)’’; and quality and availability of child care serv- for the parent to engage in a job search and (C) by adding at the end the following: ices; resume work, or resume attendance of a job ‘‘(ii) CHILD CARE RESOURCE AND REFERRAL ‘‘(II) research and best practices con- training or educational program, as soon as SYSTEM.—A State may use amounts de- cerning children’s development, including possible. scribed in clause (i) to establish or support a early cognitive development; ‘‘(J) COORDINATION WITH OTHER PRO- system of local child care resource and refer- ‘‘(III) the availability of assistance to ob- GRAMS.—Describe how the State, in order to ral organizations coordinated, to the extent tain child care services; and expand accessibility and continuity of qual- ‘‘(IV) other programs for which families ity early care and early education, will co- determined appropriate by the State, by a that receive child care services for which fi- ordinate the early childhood education ac- statewide private, nonprofit, community- nancial assistance is provided under this sub- tivities assisted under this subchapter with— based lead child care resource and referral chapter may be eligible, including the food ‘‘(i) programs carried out under the Head organization. The local child care resource stamp program established under the Food Start Act (42 U.S.C. 9831 et seq.), including and referral organizations shall— Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the the Early Head Start programs carried out ‘‘(I) provide parents in the State with in- special supplemental nutrition program for under section 645A of that Act (42 U.S.C. formation, and consumer education, con- women, infants, and children established by 9840a); cerning the full range of child care options, section 17 of the Child Nutrition Act of 1966 ‘‘(ii)(I) Early Reading First and Even Start including child care provided during non- (42 U.S.C. 1786), the child and adult care food programs carried out under subparts 2 and 3 traditional hours and through emergency program established under section 17 of the of part B of title I of the Elementary and child care centers, in their communities; Richard B. Russell National School Lunch Secondary Education Act of 1965 (20 U.S.C. ‘‘(II) collect and analyze data on the supply Act (42 U.S.C. 1766), and the medicaid and 6371 et seq., 6381 et seq.); of and demand for child care in political sub- State children’s health insurance programs ‘‘(II) other preschool programs carried out divisions within the State; under titles XIX and XXI of the Social Secu- under title I of that Act (20 U.S.C. 6301 et ‘‘(III) submit reports to the State con- rity Act (42 U.S.C. 1396 et seq. and 1397aa et seq.); and taining data and analysis described in clause seq.); and ‘‘(III) the Ready-to-Learn Television pro- (II); and ‘‘(ii) report to the Secretary the manner in gram carried out under subpart 3 of part D of ‘‘(IV) work to establish partnerships with which the consumer education information title II of the Elementary and Secondary public agencies and private entities to in- described in clause (i) was provided to par- Education Act of 1965 (20 U.S.C. 6775 et seq.); crease the supply and quality of child care ents and the number of parents to whom ‘‘(iii) programs carried out under section services.’’. such consumer education information was 619 and part C of the Individuals with Dis- (d) DIRECT SERVICES.—Section 658E(c)(3) of provided, during the period of the previous abilities Education Act; the Child Care and Development Block Grant State plan.’’; ‘‘(iv) State prekindergarten programs; and Act of 1990 (42 U.S.C. 9858c(c)(3)) is amend- (3) by striking subparagraph (E) and insert- ‘‘(v) other early childhood education pro- ed— ing the following: grams. (1) in subparagraph (A), by striking ‘‘(D)’’ ‘‘(E) COMPLIANCE WITH STATE AND TRIBAL ‘‘(K) TRAINING IN EARLY LEARNING AND and inserting ‘‘(E)’’; and LICENSING REQUIREMENTS.— CHILDHOOD DEVELOPMENT.—Describe any (2) by adding at the end the following: ‘‘(i) IN GENERAL.—Certify that the State (or training requirements that are in effect ‘‘(E) DIRECT SERVICES.—From amounts pro- the Indian tribe or tribal organization) in- within the State that are designed to enable vided to a State for a fiscal year to carry out volved has in effect licensing requirements child care providers to promote the social, this subchapter, the State shall— applicable to child care services provided emotional, physical, and cognitive develop- ‘‘(i) reserve the minimum amount required within the State (or area served by the tribe ment of children and that are applicable to to be reserved under section 658G, and the or organization), and provide a detailed de- child care providers that provide services for funds for costs described in subparagraph (C); scription of such requirements and of how which assistance is made available under and such requirements are effectively enforced. this subchapter in the State. ‘‘(ii) from the remainder, use not less than ‘‘(ii) CONSTRUCTION.—Nothing in clause (i) ‘‘(L) PUBLIC-PRIVATE PARTNERSHIPS.—Dem- 70 percent to fund direct services (as defined shall be construed to require that licensing onstrate how the State is encouraging part- by the State).’’. requirements be applied to specific types of nerships among State agencies, other public (e) PAYMENT RATES.—Section 658E(c)(4) of providers of child care services.’’; agencies, and private entities, to leverage the Child Care and Development Block Grant (4) in subparagraph (F)— existing service delivery systems (as of the Act of 1990 (42 U.S.C. 9858c(c)(4)) is amend- (A) in the first sentence, by striking ‘‘with- date of submission of the State plan) for ed— in the State, under State or local law,’’ and early childhood education and to increase (1) in subparagraph (A), by striking ‘‘The inserting ‘‘within the State (or area served the supply and quality of child care services State plan’’ and all that follows and insert- by the Indian tribe or tribal organization), for children who are less than 13 years of ing the following: under State or local law (or tribal law),’’; age. ‘‘(i) SURVEY.—The State plan shall— and ‘‘(M) ACCESS TO CARE FOR CERTAIN POPU- ‘‘(I) demonstrate that the State has, after (B) in the second sentence, by striking LATIONS.—Demonstrate how the State is ad- consulting with local area child care pro- ‘‘State or local law’’ and inserting ‘‘State or dressing the child care needs of parents eligi- gram administrators, developed and con- local law (or tribal law)’’; and ble for child care services for which assist- ducted a statistically valid and reliable sur- (5) by adding at the end the following: ance is provided under this subchapter, who vey of the market rates for child care serv- ‘‘(I) PROTECTION FOR WORKING PARENTS.— have children with special needs, work non- ices in the State (that reflects variations in ‘‘(i) REDETERMINATION PROCESS.—Describe traditional hours, or require child care serv- the cost of child care services by geographic the procedures and policies that are in place ices for infants and toddlers. area, type of provider, and age of child) with- to ensure that working parents (especially ‘‘(N) COORDINATION WITH TITLE IV OF THE SO- in the 2 years preceding the date of the sub- parents in families receiving assistance CIAL SECURITY ACT.—Describe how the State mission of the application containing the under a State program funded under part A will inform parents receiving assistance State plan; of title IV of the Social Security Act (42 under a State program funded under part A ‘‘(II) detail the results of the State market U.S.C. 601 et seq.)) are not required to unduly of title IV of the Social Security Act (42 rates survey conducted pursuant to sub- disrupt their employment in order to comply U.S.C. 601 et seq.) and low-income parents clause (I);

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.077 S03PT1 S2034 CONGRESSIONAL RECORD — SENATE March 3, 2005 ‘‘(III) describe how the State will provide developmentally appropriate and age-appro- SEC. 106. OPTIONAL PRIORITY USE OF ADDI- for timely payment for child care services, priate curricula, and early childhood teach- TIONAL FUNDS. and set payment rates for child care services, ing strategies, that are scientifically based The Child Care and Development Block for which assistance is provided under this and aligned with the social, emotional, phys- Grant Act of 1990 is amended by inserting subchapter in accordance with the results of ical, and cognitive development of children, after section 658G (42 U.S.C. 9858e) the fol- the market rates survey conducted pursuant including— lowing: to subclause (I) without reducing the number ‘‘(i) developing and operating distance ‘‘SEC. 658H. OPTIONAL PRIORITY USE OF ADDI- of families in the State receiving such assist- learning child care training infrastructures; TIONAL FUNDS. ance under this subchapter, relative to the ‘‘(ii) developing model technology-based ‘‘(a) IN GENERAL.—If a State receives funds number of such families on the date of intro- training courses; to carry out this subchapter for a fiscal year, duction of the Caring for Children Act of ‘‘(iii) offering training for caregivers in in- and the amount of the funds exceeds the 2005; and formal child care settings; and amount of funds the State received to carry ‘‘(IV) describe how the State will, not later ‘‘(iv) offering training for child care pro- out this subchapter for fiscal year 2005, the than 30 days after the completion of the sur- viders who care for infants and toddlers and State shall consider using a portion of the vey described in subclause (I), make the re- children with special needs. excess— sults of the survey widely available through ‘‘(D) engage in programs designed to in- ‘‘(1) to support payment rate increases in public means, including posting the results crease the retention and improve the com- accordance with the market rate survey con- on the Internet. petencies of child care providers, including ducted pursuant to section 658E(c)(4); ‘‘(2) to support the establishment of tiered ‘‘(ii) EQUAL ACCESS.—The State plan shall wage incentive programs and initiatives that include a certification that the payment establish tiered payment rates for providers payment rates as described in section rates are sufficient to ensure equal access for that meet or exceed child care services 658G(a)(2)(D); and eligible children to child care services com- guidelines, as defined by the State; ‘‘(3) to support payment rate increases for parable to child care services in the State or ‘‘(E) evaluate and assess the quality and ef- care for children in communities served by substate area that are provided to children fectiveness of child care programs and serv- local educational agencies that have been whose parents are not eligible to receive ices offered in the State to young children on identified for improvement under section child care assistance under any Federal or improving overall school preparedness; and 1116(c)(3) of the Elementary and Secondary State program.’’; and ‘‘(F) carry out other activities determined Education Act of 1965 (20 U.S.C. 6316(c)(3)). ‘‘(b) NO REQUIREMENT TO REDUCE CHILD (2) in subparagraph (B)— by the State to improve the quality of child CARE SERVICES.—Nothing in this section (A) by striking ‘‘Nothing’’ and inserting care services provided in the State and for shall be construed to require a State to take the following: which measurement of outcomes relating to an action that the State determines would ‘‘(i) NO PRIVATE RIGHT OF ACTION.—Noth- improved child safety, child well-being, or result in a reduction of child care services to ing’’; and school preparedness is possible. families of eligible children. (B) by adding at the end the following: ‘‘(b) CERTIFICATION.—Beginning with fiscal ‘‘(c) PAYMENT RATE.—In this section, the ‘‘(ii) NO PROHIBITION OF CERTAIN DIFFERENT year 2006, the State shall annually submit to term ‘payment rate’ means the rate of State RATES.—Nothing in this subchapter shall be the Secretary a certification in which the payment or reimbursement to providers for construed to prevent a State from differen- State certifies that the State was in compli- subsidized child care.’’. tiating the payment rates described in sub- SEC. 107. REPORTING REQUIREMENTS. paragraph (A) on the basis of— ance with subsection (a) during the pre- ceding fiscal year and describes how the (a) HEADING.—Section 658K of the Child ‘‘(I) geographic location of child care pro- Care and Development Block Grant Act of viders (such as location in an urban or rural State used funds made available to carry out this subchapter to comply with subsection 1990 (42 U.S.C. 9858i) is amended by striking area); the section heading and inserting the fol- (a) during that preceding fiscal year. ‘‘(II) the age or particular needs of children lowing: (such as children with special needs and chil- ‘‘(c) STRATEGY.—The State shall annually ‘‘SEC. 658K. REPORTS AND AUDITS.’’. dren served by child protective services); submit to the Secretary— (b) REQUIRED INFORMATION.—Section ‘‘(III) whether the providers provide child ‘‘(1) beginning with fiscal year 2006, an out- 658K(a) of the Child Care and Development care during weekend and other nontradi- line of the strategy the State will implement Block Grant Act of 1990 (42 U.S.C. 9858i(a)) is tional hours; and during that fiscal year to address the quality amended to read as follows: ‘‘(IV) the State’s determination that such of child care services for which financial as- ‘‘(a) REPORTS.— differentiated payment rates are needed to sistance is made available under this sub- ‘‘(1) IN GENERAL.—A State that receives enable a parent to choose child care that the chapter, including— funds to carry out this subchapter shall col- parent believes to be of high quality.’’. ‘‘(A) a statement specifying how the State lect the information described in paragraph SEC. 105. ACTIVITIES TO IMPROVE THE QUALITY will address the activities carried out under (2) on a monthly basis. OF CHILD CARE. subsection (a); ‘‘(2) REQUIRED INFORMATION.—The informa- Section 658G of the Child Care and Devel- ‘‘(B) a description of quantifiable, objec- tion required under this paragraph shall in- opment Block Grant Act of 1990 (42 U.S.C. tive measures that the State will use to clude, with respect to a family unit receiving 9858e) is amended to read as follows: evaluate the State’s progress in improving assistance under this subchapter, informa- ‘‘SEC. 658G. ACTIVITIES TO IMPROVE THE QUAL- the quality of the child care services (includ- tion concerning— ITY OF CHILD CARE. ing measures regarding the impact, if any, of ‘‘(A) family income; ‘‘(a) IN GENERAL.— State efforts to improve the quality by in- ‘‘(B) county of residence; ‘‘(1) RESERVATION.—Each State that re- creasing payment rates, as defined in section ‘‘(C) the gender, race, and age of children ceives funds to carry out this subchapter for 658H(c)), evaluating separately the impact of receiving such assistance; a fiscal year shall reserve and use not less the activities listed in each of such subpara- ‘‘(D) whether the head of the family unit is than 6 percent of the funds for activities pro- graphs on the quality of the child care serv- a single parent; vided directly, or through grants or con- ices; and ‘‘(E) the sources of family income, includ- tracts with resource and referral organiza- ‘‘(C) a list of State-developed child care ing— tions or other appropriate entities, that are services quality targets quantified for such ‘‘(i) employment, including self-employ- designed to improve the quality of child care fiscal year for such measures; and ment; and services. ‘‘(2) beginning with fiscal year 2007, a re- ‘‘(ii) assistance under a State program ‘‘(2) ACTIVITIES.—The funds reserved under port on the State’s progress in achieving funded under part A of title IV of the Social paragraph (1) may only be used to— such targets for the preceding fiscal year. Security Act (42 U.S.C. 601 et seq.) and a ‘‘(A) develop and implement voluntary ‘‘(d) IMPROVEMENT PLAN.—If the Secretary State program for which State spending is guidelines on pre-reading and language skills determines that a State failed to make counted toward the maintenance of effort re- and activities, and prenumeracy and mathe- progress as described in subsection (c)(2) for quirement under section 409(a)(7) of the So- matics skills and activities, for child care cial Security Act (42 U.S.C. 609(a)(7)); a fiscal year— programs in the State, that are aligned with ‘‘(F) the type of child care in which the ‘‘(1) the State shall submit an improve- State standards for kindergarten through child was enrolled (such as family child care, ment plan that describes the measures the grade 12 or the State’s general goals for home care, center-based child care, or other State will take to make that progress; and school preparedness; types of child care described in section ‘‘(2) the State shall comply with the im- ‘‘(B) support activities and provide tech- 658T(5)); provement plan by a date specified by the nical assistance in Federal, State, and local ‘‘(G) whether the child care provider in- Secretary but not later than 1 year after the child care settings to enhance early learning volved was a relative; date of the determination. for preschool and school-aged children, to ‘‘(H) the cost of child care for such family, promote literacy, to foster school prepared- ‘‘(e) CONSTRUCTION.—Nothing in this sub- separately stating the amount of the subsidy ness, and to support later school success; chapter shall be construed to require that payment of the State and the amount of the ‘‘(C) offer training, professional develop- the State apply measures for evaluating co-payment of the family toward such cost; ment, and educational opportunities for quality of child care services to specific ‘‘(I) the average hours per month of such child care providers that relate to the use of types of child care providers.’’. care;

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.077 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2035 ‘‘(J) household size; ‘‘(A) A summary and analysis of the data SEC. 110. DEFINITIONS. ‘‘(K) whether the parent involved reports and information provided to the Secretary in (a) ELIGIBLE CHILD.—Section 658P(4) of the that the child has an individualized edu- the State reports submitted under sections Child Care and Development Block Grant cation program or an individualized family 658E, 658G(c), and 658K. Act of 1990 (42 U.S.C. 9858n(4)) is amended— service plan, as such terms are defined in ‘‘(B) Aggregated statistics on and an anal- (1) in subparagraph (B), in the matter pre- section 602 of the Individuals with Disabil- ysis of the supply of, demand for, and quality ceding clause (i), by striking ‘‘85 percent of ities Education Act; and of child care, early education, and non- the State median income for a family of the ‘‘(L) the reason for any termination of ben- school-hour programs. same size’’ and inserting ‘‘an income level efits under this subchapter, including wheth- ‘‘(C) An assessment and, where appro- determined by the State involved, with pri- er the termination was due to— priate, recommendations for Congress con- ority based on need as defined by the State’’; ‘‘(i) the child’s age exceeding the allowable cerning efforts that should be undertaken to and limit; improve the access of the public to quality (2) in subparagraph (C)— ‘‘(ii) the family income exceeding the and affordable child care in the United (A) in clause (i), by striking ‘‘a parent or State eligibility limit; States. parents’’ and inserting ‘‘a parent (including ‘‘(iii) the State recertification or adminis- ‘‘(D) A progress report describing the a legal guardian or foster parent) or par- trative requirements not being met; progress of the States in streamlining data ents’’; and ‘‘(iv) parent work, training, or education reporting, the Secretary’s plans and activi- (B) by striking clause (ii) and inserting the status no longer meeting State require- ties to provide technical assistance to following: ments; States, and an explanation of any barriers to ‘‘(ii)(I) is receiving, or needs to receive, ‘‘(v) a nonincome related change in status; getting data in an accurate and timely man- protective services (which may include fos- or ner. ter care) or is a child with significant cog- ‘‘(vi) other reasons; ‘‘(2) COLLECTION OF INFORMATION.—The Sec- nitive or physical disabilities as defined by during the period for which such information retary may make arrangements with re- the State; and is required to be submitted. source and referral organizations, to utilize ‘‘(II) resides with a parent (including a ‘‘(3) SUBMISSION TO SECRETARY.—A State the child care data system of the resource legal guardian or foster parent) or parents described in paragraph (1) shall, on a quar- and referral organizations at the national, not described in clause (i).’’. terly basis, submit to the Secretary the in- State, and local levels, to collect the infor- (b) CHILD WITH SPECIAL NEEDS.—Section formation required to be collected under mation required by paragraph (1)(B). 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n) is paragraph (2) and the number of children and ‘‘(b) GRANTS TO IMPROVE QUALITY AND AC- amended by inserting after paragraph (2) the families receiving assistance under this sub- CESS.— following: chapter (stated on a monthly basis). Infor- ‘‘(1) IN GENERAL.—The Secretary shall mation on the number of families receiving ‘‘(3) CHILD WITH SPECIAL NEEDS.—The term award grants to States, from allotments ‘child with special needs’ means— the assistance shall also be posted on the made under paragraph (2), to improve the website of such State. In the fourth quar- ‘‘(A) a child with a disability, as defined in quality of and access to child care for infants section 602 of the Individuals with Disabil- terly report of each year, a State described and toddlers, subject to the availability of in paragraph (1) shall also submit to the Sec- ities Education Act; appropriations for this purpose. ‘‘(B) a child who is eligible for early inter- retary information on the annual number LLOTMENTS.—From funds reserved ‘‘(2) A vention services under part C of the Individ- and type of child care providers (as described under section 658O(a)(3) for a fiscal year, the uals with Disabilities Education Act; and in section 658T(5)) that received funding Secretary shall allot to each State an ‘‘(C) a child with special needs, as defined under this subchapter and the annual num- amount that bears the same relationship to ber of payments made by the State through by the State involved.’’. such funds as the amount the State receives (c) LEAD AGENCY.—Section 658P(8) of the vouchers, under contracts, or by payment to for the fiscal year under section 658O bears Child Care and Development Block Grant parents reported by type of child care pro- to the amount all States receive for the fis- Act of 1990 (42 U.S.C. 9858n(8)) is amended by vider. cal year under section 658O. striking ‘‘section 658B(a)’’ and inserting ‘‘(4) USE OF SAMPLES.— ‘‘(c) TOLL-FREE HOTLINE.—The Secretary ‘‘section 658D(a)’’. ‘‘(A) AUTHORITY.—A State may comply shall award a grant or contract, or enter into (d) PARENT.—Section 658P(9) of the Child with the requirement to collect the informa- a cooperative agreement for the operation of Care and Development Block Grant Act of tion described in paragraph (2) through the a national toll-free hotline to assist families 1990 (42 U.S.C. 9858n(9)) is amended by insert- use of disaggregated case record information in accessing local information on child care ing ‘‘, foster parent,’’ after ‘‘guardian’’. on a sample of families selected through the options and providing consumer education (e) NATIVE HAWAIIAN ORGANIZATION.—Sec- use of scientifically acceptable sampling materials, subject to the availability of ap- tion 658P(14)(B) of the Child Care and Devel- methods approved by the Secretary. propriations for this purpose. opment Block Grant Act of 1990 (42 U.S.C. ‘‘(B) SAMPLING AND OTHER METHODS.—The 9858n(14)(B)) is amended by striking ‘‘Native ‘‘(d) TECHNICAL ASSISTANCE.—The Sec- Secretary shall provide the States with such Hawaiian Organization, as defined in section retary shall provide technical assistance to case sampling plans and data collection pro- 4009(4) of the Augustus F. Hawkins-Robert T. States on developing and conducting the cedures as the Secretary determines nec- Stafford Elementary and Secondary School State market rates survey described in sec- essary to produce statistically valid samples Improvement Amendments of 1988 (20 U.S.C. tion 658E(c)(4)(A)(i).’’. of the information described in paragraph 4909(4))’’ and inserting ‘‘Native Hawaiian or- (2). The Secretary may develop and imple- SEC. 109. ALLOCATION OF FUNDS FOR INDIAN ganization, as defined in section 7207 of the ment procedures for verifying the quality of TRIBES, QUALITY IMPROVEMENT, Elementary and Secondary Education Act of data submitted by the States.’’. AND A HOTLINE. 1965 (20 U.S.C. 7517)’’. (c) PERIOD OF COMPLIANCE AND WAIVERS.— (a) IN GENERAL.—Section 658O(a) of the (f) REDESIGNATION.—The Child Care and (1) IN GENERAL.—States shall have 2 years Child Care and Development Block Grant Development Block Grant Act of 1990 (42 from the date of enactment of this Act to Act of 1990 (42 U.S.C. 9858m(a)) is amended— U.S.C. 9858 et seq.) is amended— comply with the changes to data collection (1) in paragraph (2), by striking ‘‘not less (1) by redesignating section 658P as section and reporting required by the amendments than 1 percent, and not more than 2 per- 658T; and made by this section. cent,’’ and inserting ‘‘2 percent’’; and (2) by moving that section 658T to the end (2) WAIVERS.—The Secretary of Health and (2) by adding at the end the following: of the Act. Human Services may grant a waiver from ‘‘(3) GRANTS TO IMPROVE QUALITY AND AC- SEC. 111. RULES OF CONSTRUCTION. paragraph (1) to States with plans to procure CESS.—The Secretary shall reserve an The Child Care and Development Block data systems. amount not to exceed $100,000,000 for each Grant Act of 1990 (as amended by section SEC. 108. NATIONAL ACTIVITIES. fiscal year to carry out section 658L(b), sub- 110(f)) is further amended by inserting after Section 658L of the Child Care and Devel- ject to the availability of appropriations for section 658O (42 U.S.C. 9858m) the following: opment Block Grant Act of 1990 (42 U.S.C. this purpose. ‘‘SEC. 658P. RULES OF CONSTRUCTION. 9858j) is amended to read as follows: ‘‘(4) TOLL-FREE HOTLINE.—The Secretary ‘‘Nothing in this subchapter shall be con- ‘‘SEC. 658L. NATIONAL ACTIVITIES. shall reserve an amount not to exceed strued to require a State to impose State ‘‘(a) REPORT.— $1,000,000 to carry out section 658L(c), subject child care licensing requirements on any ‘‘(1) IN GENERAL.—The Secretary shall, not to the availability of appropriations for this type of early childhood provider, including later than April 30, 2006, and annually there- purpose.’’. any such provider who is exempt from State after, prepare and submit to the Committee (b) CONFORMING AMENDMENT.—Section child care licensing requirements on the date on Education and the Workforce of the 658O(c)(1) of the Child Care and Development of enactment of the Caring for Children Act House of Representatives and the Committee Block Grant Act of 1990 (42 U.S.C. of 2005.’’. on Health, Education, Labor, and Pensions of 9858m(c)(1)) is amended by inserting ‘‘(in ac- TITLE II—ENHANCING SECURITY AT the Senate, and, not later than 30 days after cordance with the requirements of subpara- CHILD CARE CENTERS IN FEDERAL FA- the date of such submission, post on the De- graphs (E) and (F) of section 658E(c)(2) for CILITIES partment of Health and Human Services such tribes or organizations)’’ after ‘‘applica- SEC. 201. DEFINITIONS. website, a report that contains the following: tions under this section’’. In this title:

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.077 S03PT1 S2036 CONGRESSIONAL RECORD — SENATE March 3, 2005

(1) ADMINISTRATOR.—The term ‘‘Adminis- (B) establishing a separate section in an (E) the provision of services to care for trator’’ means the Administrator of General occupant emergency plan for each such facil- sick children or to provide care to school- Services. ity; aged children; (2) CORRESPONDING CHILD CARE FACILITY.— (C) promoting familiarity with procedures (F) the entering into of contracts with The term ‘‘corresponding child care facil- and evacuation routes for different types of local resource and referral or local health de- ity’’, used with respect to the Chief Adminis- emergencies (such as emergencies caused by partments; trative Officer of the House of Representa- hazardous materials, a fire, a bomb threat, a (G) assistance for care for children with tives, the Librarian of Congress, or the head power failure, or a natural disaster); disabilities; of a designated entity in the Senate, means (D) strengthening onsite relationships be- (H) payment of expenses for renovation or a child care facility operated by, or under a tween security personnel and the personnel operation of a child care facility; or contract or licensing agreement with, an of- of such a facility, such as by ensuring that (I) assistance for any other activity deter- fice of the House of Representatives, the Li- the post orders of guards reflect responsi- mined appropriate by the State. brary of Congress, or an office of the Senate, bility for the facility; (2) APPLICATION.—In order for a small busi- respectively. (E) providing specific, clear, and concise ness or consortium to be eligible to receive (3) ENTITY SPONSORING A CHILD CARE FACIL- evacuation instructions for a facility, in- assistance from a State under this section, ITY.—The term ‘‘entity sponsoring’’, used cluding instructions specifying who author- the small business involved shall prepare and with respect to a child care facility, means a izes an evacuation; submit to the State an application at such Federal agency that operates, or an entity (F) providing for good evacuation equip- time, in such manner, and containing such that enters into a contract or licensing ment, especially cribs; and information as the State may require. agreement with a Federal agency to operate, (G) promoting the ability to evacuate (3) PREFERENCE.— a child care facility primarily for the use of without outside assistance; and (A) IN GENERAL.—In providing assistance Federal employees. (2) matters relating to relocation sites, under this section, a State shall give priority (4) EXECUTIVE AGENCY.—The term ‘‘Execu- such as— to an applicant that desires to form a con- tive agency’’ has the meaning given the term (A) promoting an informed parent body sortium to provide child care in a geographic in section 105 of title 5, United States Code, that is knowledgeable about evacuation pro- area within the State where such care is not except that the term— cedures and relocation sites; generally available or accessible. (A) does not include the Department of De- (B) providing regularly updated parent (B) CONSORTIUM.—For purposes of subpara- fense and the Coast Guard; and contact information (regarding matters such graph (A), a consortium shall be made up of (B) includes the General Services Adminis- as names, locations, electronic mail address- 2 or more entities that shall include small tration, with respect to the administration es, and cell phone and other telephone num- businesses and that may include large busi- of a facility described in paragraph (5)(B). bers); nesses, nonprofit agencies or organizations, (5) EXECUTIVE FACILITY.—The term ‘‘execu- (C) establishing remote telephone contact local governments, or other appropriate enti- tive facility’’— for parents, to and from areas that are not ties. (A) means a facility that is owned or leased less than 10 miles from such a facility; and (4) LIMITATION.—With respect to grant by an Executive agency; and (D) providing for an alternate site (in addi- funds received under this section, a State (B) includes a facility that is owned or tion to regular sites) in the event of a catas- may not provide in excess of $500,000 in as- leased by the General Services Administra- trophe, which site may include— sistance from such funds to any single appli- tion on behalf of a judicial office. (i) a site that would be an unreasonable cant. (6) FEDERAL AGENCY.—The term ‘‘Federal distance from the facility under normal cir- (e) MATCHING REQUIREMENT.—To be eligible agency’’ means an Executive agency, a legis- cumstances; and to receive a grant under this section, a State lative office, or a judicial office. (ii) a facility with 24-hour operations, such shall provide assurances to the Secretary (7) JUDICIAL FACILITY.—The term ‘‘judicial as a hotel or law school library. that, with respect to the costs to be incurred by a covered entity receiving assistance in facility’’ means a facility that is owned or TITLE III—REMOVAL OF BARRIERS TO IN- leased by a judicial office (other than a facil- carrying out activities under this section, CREASING THE SUPPLY OF QUALITY the covered entity will make available (di- ity that is also a facility described in para- CHILD CARE graph (5)(B)). rectly or through donations from public or (8) JUDICIAL OFFICE.—The term ‘‘judicial of- SEC. 301. SMALL BUSINESS CHILD CARE GRANT private entities) non-Federal contributions fice’’ means an entity of the judicial branch PROGRAM. to such costs in an amount equal to— of the Federal Government. (a) ESTABLISHMENT.—The Secretary of (1) for the first fiscal year in which the (9) LEGISLATIVE FACILITY.—The term ‘‘leg- Health and Human Services (referred to in covered entity receives such assistance, not islative facility’’ means a facility that is this section as the ‘‘Secretary’’) shall estab- less than 50 percent of such costs ($1 for each owned or leased by a legislative office. lish a program to award grants to States, on $1 of assistance provided to the covered enti- (10) LEGISLATIVE OFFICE.—The term ‘‘legis- a competitive basis, to assist States in pro- ty under the grant); lative office’’ means an entity of the legisla- viding funds to encourage the establishment (2) for the second fiscal year in which the tive branch of the Federal Government. and operation of employer-operated child covered entity receives such assistance, not care programs. less than 662⁄3 percent of such costs ($2 for SEC. 202. ENHANCING SECURITY. (b) APPLICATION.—To be eligible to receive each $1 of assistance provided to the covered (a) COVERAGE.— a grant under this section, a State shall pre- entity under the grant; and (1) EXECUTIVE BRANCH.—The Administrator pare and submit to the Secretary an applica- (3) for the third fiscal year in which the shall issue the regulations described in sub- tion at such time, in such manner, and con- covered entity receives such assistance, not section (b) for child care facilities, and enti- taining such information as the Secretary less than 75 percent of such costs ($3 for each ties sponsoring child care facilities, in execu- may require, including an assurance that the $1 of assistance provided to the covered enti- tive facilities. funds required under subsection (e) will be ty under the grant. (f) REQUIREMENTS OF PROVIDERS.—To be el- (2) LEGISLATIVE BRANCH.—The Chief Ad- provided. igible to receive assistance under a grant ministrative Officer of the House of Rep- (c) AMOUNT OF GRANT.—The Secretary resentatives, the Librarian of Congress, and awarded under this section, a child care pro- shall determine the amount of a grant to a vider shall comply with all applicable State the head of a designated entity in the Senate State under this section based on the popu- shall issue the regulations described in sub- and local licensing and regulatory require- lation of the State as compared to the popu- ments and all applicable health and safety section (b) for corresponding child care fa- lation of all States receiving grants under cilities, and entities sponsoring the cor- standards in effect in the State. this section. (g) STATE-LEVEL ACTIVITIES.—A State may responding child care facilities, in legislative (d) USE OF FUNDS.— not retain more than 3 percent of the facilities. (1) IN GENERAL.—A State shall use amounts amount described in subsection (c) for State UDICIAL BRANCH.—The Director of the (3) J provided under a grant awarded under this administration and other State-level activi- Administrative Office of the United States section to provide assistance to small busi- ties. Courts shall issue the regulations described nesses (or consortia formed in accordance (h) ADMINISTRATION.— in subsection (b) for child care facilities, and with paragraph (3)) located in the State to (1) STATE RESPONSIBILITY.—A State shall entities sponsoring child care facilities, in enable the small businesses (or consortia) to have responsibility for administering a grant judicial facilities. establish and operate child care programs. awarded for the State under this section and (b) REGULATIONS.—The officers and des- Such assistance may include— for monitoring covered entities that receive ignated entity described in subsection (a) (A) technical assistance in the establish- assistance under such grant. shall issue regulations that concern— ment of a child care program; (2) AUDITS.—A State shall require each (1) matters relating to an occupant emer- (B) assistance for the startup costs related covered entity receiving assistance under the gency plan and evacuations, such as— to a child care program; grant awarded under this section to conduct (A) providing for building security com- (C) assistance for the training of child care an annual audit with respect to the activi- mittee membership for each director of a providers; ties of the covered entity. Such audits shall child care facility described in subsection (D) scholarships for low-income wage earn- be submitted to the State. (a); ers; (3) MISUSE OF FUNDS.—

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.077 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2037 (A) REPAYMENT.—If the State determines, and Development Block Grant targets and would be held accountable through an audit or otherwise, that a cov- (CCDBG). This legislation is essential to reach those targets. Quality funds ered entity receiving assistance under a to continued success with welfare re- would be available for States to: de- grant awarded under this section has mis- form because it helps low-income par- velop and implement voluntary guide- used the assistance, the State shall notify the Secretary of the misuse. The Secretary, ents find and pay for affordable child lines on pre-reading and language upon such a notification, may seek from care so that they can work. skills and prenumeracy and such a covered entity the repayment of an As members of this body know, child mathematic skills and activities for amount equal to the amount of any such care vouchers provided to parents by child care programs in the State; sup- misused assistance plus interest. States using CCDBG funds greatly fa- port activities and provide technical (B) APPEALS PROCESS.—The Secretary shall cilitate the expansion of child care sub- assistance to enhance early learning by regulation provide for an appeals process sidies and promote parental choice by and school preparedness in Federal, with respect to repayments under this para- allowing eligible parents to select their State and local child care settings; graph. (i) REPORTING REQUIREMENTS.— preferred type of care setting and pro- offer training, professional develop- (1) 2-YEAR STUDY.— vider, including faith-based providers. ment and educational opportunities for (A) IN GENERAL.—Not later than 2 years Current law provides States with child care providers that relate to sci- after the date on which the Secretary first flexibility in determining how to ad- entifically based curricula and teach- awards grants under this section, the Sec- dress the child care needs of low-in- ing strategies through several means retary shall conduct a study to determine— come families and children, including including distance learning; offer in- (i) the capacity of covered entities to meet establishing the eligibility require- centives for child care providers that the child care needs of communities within ments for participation. meet or exceed State child care serv- States; The legislation we are introducing (ii) the kinds of consortia that are being ices guidelines; evaluate and assess the formed with respect to child care at the local today adds even greater flexibility by quality and effectiveness of child care level to carry out programs funded under proposing to eliminate the arbitrary programs and services offered in the this section; and Federal ceiling for eligibility. Removal State to young children on improving (iii) who is using the programs funded of this ceiling, previously set at 85 per- overall school preparedness; and other under this section and the income levels of cent of State median income, elimi- activities that can be shown to im- such individuals. nates any Federal income-based re- prove child safety, child well-being, or (B) REPORT.—Not later than 28 months striction on State determination of school preparedness. after the date on which the Secretary first who receives benefits. However States awards grants under this section, the Sec- The improvements made to the pro- retary shall prepare and submit to the appro- must continue to prioritize families gram by this legislation and the re- priate committees of Congress a report on based on need. sources it provides will continue to the results of the study conducted in accord- States provide child care assistance help provide quality child care in my ance with subparagraph (A). to both TANF and non-TANF families. home State of Wyoming, and other (2) 4-YEAR STUDY.— For the first time the Caring for Chil- rural States. Many families in Wyo- (A) IN GENERAL.—Not later than 4 years dren Act requires States and terri- ming reside in very isolated areas, and after the date on which the Secretary first tories to show they are spending at by helping to support child care cen- awards grants under this section, the Sec- least 70 percent of their mandatory retary shall conduct a study to determine ters in those rural areas, this legisla- the number of child care facilities that are child care money on actual subsidies tion will help provide high quality funded through covered entities that re- for child care. For TANF families, fam- child care; a service that many in those ceived assistance through a grant awarded ilies transitioning off TANF, and fami- communities might otherwise be forced under this section and that remain in oper- lies at risk of becoming dependent on to do without. ation, and the extent to which such facilities public assistance an assurance of the This legislation represents a truly bi- are meeting the child care needs of the indi- State’s commitment to providing sig- partisan effort and I look forward to viduals served by such facilities. nificant funds for direct assistance is having it signed into law this year. The (B) REPORT.—Not later than 52 months critical. Caring for Children Act includes some after the date on which the Secretary first The bill we are introducing today awards grants under this section, the Sec- very important changes in our nation’s retary shall prepare and submit to the appro- also addresses factors that in the past premier child care program that pro- priate committees of Congress a report on made finding care difficult for parents. vide families with the assistance they the results of the study conducted in accord- We have specifically required States to need to work and access to child care ance with subparagraph (A). meet the child care needs of parents that best meets their children’s needs. (j) DEFINITIONS.—In this section: who have children with special needs, (1) COVERED ENTITY.—The term ‘‘covered parents who work non-traditional By Mr. REED (for himself, Mr. entity’’ means a small business or a consor- hours, or parents who need child care DODD, Mr. KENNEDY, and Mrs. tium formed in accordance with subsection (d)(3). for infants and toddlers. Additionally, MURRAY): (2) SMALL BUSINESS.—The term ‘‘small the legislation streamlines and reduces S. 526. A bill to amend the Child Care business’’ means an employer who employed unnecessary paperwork by allowing and Development Block Grant Act of an average of at least 2 but not more than 50 States to provide assistance to eligible 1990 to provide incentive grants to im- employees on business days during the pre- families for six months before re-deter- prove the quality of child care; to the ceding calendar year. mining eligibility. Committee on Health, Education, (k) AUTHORIZATION OF APPROPRIATIONS.— The bill also supports the needs of Labor, and Pensions. (1) IN GENERAL.—There is authorized to be small business owners and operators, Mr. REED. Mr. President, I am appropriated to carry out this section, $50,000,000 for the period of fiscal years 2006 by providing resources for small busi- pleased to be joined today by Senators through 2010. nesses to join together to provide child DODD, KENNEDY, and MURRAY in once (2) EVALUATIONS AND ADMINISTRATION.— care for their employees. This will be again introducing the Child Care Qual- With respect to the total amount appro- of great help for rural areas, where ity Incentive Act, which seeks to re- priated for such period in accordance with small businesses provide most of the double our child care efforts and renew this subsection, not more than $2,500,000 of employment opportunities. the child care partnership with the that amount may be used for expenditures Last, but most importantly, the bill States by providing incentive funding related to conducting evaluations required responds to, in significant ways, the to increase payment rates. under, and the administration of, this sec- tion. very disturbing reports about the lack This legislation seeks to put high- (l) TERMINATION OF PROGRAM.—The pro- of quality in child care and the lack of quality child care within the reach of gram established under subsection (a) shall tangible results from current invest- more working families. As things terminate on September 30, 2010. ments in quality. The bill before us in- stand, States too often fund only a Mr. ENZI. Mr. President, today I am creases the quality set-aside from 4 to fraction of prevailing child care costs. pleased to be joined by Senators KEN- 6 percent and directs child care quality Under the Child Care and Develop- NEDY, ALEXANDER and DODD in intro- funds toward activities that can really ment Block Grant (CCDBG), States are ducing the ‘‘Caring for Children Act of make a difference. Under this bill, required to perform market rate sur- 2005’’ which reauthorizes the Child Care States would develop child care quality veys every two years. Yet many States

VerDate jul 14 2003 04:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.077 S03PT1 S2038 CONGRESSIONAL RECORD — SENATE March 3, 2005 disregard them when it comes time to SECTION 1. SHORT TITLE. issue. The State shall conduct the surveys setting their payment rates, the level This Act may be cited as the ‘‘Child Care not less often than at 2-year intervals, and at which States reimburse child care Quality Incentive Act of 2005’’. use the results of such surveys to implement, providers who care for low-income chil- SEC. 2. FINDINGS AND PURPOSES. not later than 1 year after conducting each survey, payment rates described in subpara- dren who receive a child care subsidy. (a) FINDINGS.—Congress makes the fol- lowing findings: graph (A) that ensure equal access to com- As a result, States are unable to meet (1) Recent research on early brain develop- parable services as required by subparagraph the law’s promise to give eligible low- ment reveals that much of a child’s growth (A). income families the same access to is determined by early learning and nur- ‘‘(ii) COST OF LIVING ADJUSTMENTS.—The child care services as non-eligible fami- turing care. Research also shows that qual- State shall adjust the payment rates at in- lies. ity early care and education leads to in- tervals between such surveys to reflect in- At stake are safe, supportive, and creased cognitive abilities, positive class- creases in the cost of living, in such manner educationally enriching environments room learning behavior, increased likelihood as the Secretary may specify. for children during the formative years of long-term school success, and greater ‘‘(iii) RATES FOR DIFFERENT AGES AND TYPES that set the stage for future perform- likelihood of long-term economic and social OF CARE.—The State shall ensure that the payment rates reflect variations in the cost ance in school and beyond. When pay- self-sufficiency. (2) Each day an estimated 13,000,000 chil- of providing child care services for children ment rates are set too low, child care dren, including 6,000,000 infants and toddlers, of different ages and providing different centers that serve low-income children spend some part of their day in child care. types of care. struggle to survive and may have to However, a study in 4 States found that only ‘‘(iv) PUBLIC DISSEMINATION.—The State close. If they choose to stay afloat de- 1 in 7 child care centers provide care that shall, not later than 30 days after the com- spite the limited ability of families to promotes healthy development, while 1 in 8 pletion of each survey described in clause (i), pay, the tradeoffs directly impact the child care centers provide care that threat- make the results of the survey widely avail- quality of care. Such tradeoffs include ens the safety and health of children. able through public means, including posting smaller staffs, underpaid employees (3) Full-day child care can cost $4,000 to the results on the Internet.’’. with few or no benefits, and limited $12,000 per year. SEC. 4. INCENTIVE GRANTS TO IMPROVE THE (4) Although Federal assistance is avail- QUALITY OF CHILD CARE. employee training, educational mate- able for child care, funding is severely lim- (a) FUNDING.—Section 658B of the Child rials, and community services like ited. Even with Federal subsidies, many fam- Care and Development Block Grant Act of health screenings. Those centers that ilies cannot afford child care. For families 1990 (42 U.S.C. 9858) is amended— avoid this route may turn low-income with young children and a monthly income (1) by striking ‘‘There’’ and inserting the children away or be forced out of busi- under $1,200, the cost of child care typically following: ness. consumes 25 percent of their income. ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— Under welfare reform we expect the (5) Payment (or reimbursement) rates, There’’; neediest parents to hold jobs to sustain which determine the maximum the State (2) in subsection (a), by inserting ‘‘(other their families. We must also afford will reimburse a child care provider for the than section 658H)’’ after ‘‘this subchapter’’; care of a child who receives a subsidy, are them responsible choices to protect and too low to ensure that quality care is acces- (3) by adding at the end the following: their children while they pursue their sible to all families. ‘‘(b) APPROPRIATION OF FUNDS FOR GRANTS economic future. (6) Low payment rates directly affect the TO IMPROVE THE QUALITY OF CHILD CARE.— Our legislation creates a new manda- kind of care children get and whether fami- Out of any funds in the Treasury that are tory funding pool under the Child Care lies can find quality child care in their com- not otherwise appropriated, there is author- and Development Block Grant to help munities. In many instances, low payment ized to be appropriated and there is appro- States increase payment rates, while rates force child care providers serving low- priated $500,000,000 for each of fiscal years requiring States to set payment rates income children to cut corners in ways that 2006 through 2010, for the purpose of making in line with updated market rate sur- impact the quality of care for the children, grants under section 658H.’’. veys. As such, it will allow more low- including reducing the number of staff, (b) USE OF BLOCK GRANT FUNDS.—Section eliminating professional development oppor- 658E(c)(3) of the Child Care and Development income families access to quality child tunities, and cutting enriching educational Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) care, and increase the availability of activities and services. is amended— quality child care for all families. (7) Children in low-quality child care are (1) in subparagraph (B), by striking ‘‘under Support for this legislation is strong more likely to have delayed reading and lan- this subchapter’’ and inserting ‘‘under this among leading national organizations guage skills, and display more aggression to- subchapter (other than section 658B(b))’’; and such as USA Child Care, the Children’s ward other children and adults. (2) in subparagraph (D), by inserting Defense Fund, the YMCA of the USA, (8) Increased payment rates lead to higher ‘‘(other than section 658H)’’ after ‘‘under this Catholic Charities of the USA, the quality child care as child care providers are subchapter’’. Child Welfare League of America, and able to attract and retain qualified staff, (c) ESTABLISHMENT OF PROGRAM.—Section many more. A range of local and State provide salary increases and professional 658G of the Child Care and Development training, maintain a safe and healthy envi- Block Grant Act of 1990 (42 U.S.C. 9858e) is organizations and providers have also ronment, and purchase basic supplies, chil- amended by inserting ‘‘(other than section offered endorsements. dren’s literature, and developmentally ap- 658H)’’ after ‘‘this subchapter’’. This year, Congress is slated to reau- propriate educational materials. (d) GRANTS TO IMPROVE THE QUALITY OF thorize the Child Care and Develop- (b) PURPOSE.—The purpose of this Act is to CHILD CARE.—The Child Care and Develop- ment Block Grant. I urge my col- improve the quality of, and access to, child ment Block Grant Act of 1990 (42 U.S.C. 9858 leagues to join Senators DODD, KEN- care by increasing child care payment rates. et seq.) is amended by inserting after section NEDY, MURRAY, and me in this endeavor SEC. 3. PAYMENT RATES. 658G the following: to improve the quality of child care by Section 658E(c)(4) of the Child Care and De- ‘‘SEC. 658H. GRANTS TO IMPROVE THE QUALITY cosponsoring the Child Care Quality In- velopment Block Grant Act of 1990 (42 U.S.C. OF CHILD CARE. centive Act and working to include its 9858c(c)(4)) is amended— ‘‘(a) AUTHORITY.— provisions in the CCDBG reauthoriza- (1) by redesignating subparagraph (B) as ‘‘(1) IN GENERAL.—The Secretary shall use subparagraph (C); the amount appropriated under section tion. The time to bring payment rates (2) in subparagraph (A), by striking ‘‘to 658B(b) for a fiscal year to make grants to el- in line with market realities is now. comparable child care services’’ and insert- igible States, and Indian tribes and tribal or- Only then will the commitment to ing ‘‘to child care services that are com- ganizations, in accordance with this section. offer equal access to quality child care parable (in terms of quality and types of ‘‘(2) ANNUAL PAYMENTS.—The Secretary ring true. services provided) to child care services’’; shall make an annual payment for such a Mr. President, I ask unanimous con- and grant to each eligible State, and for Indian sent that the text of this legislation be (3) by inserting after subparagraph (A) the tribes and tribal organizations, out of the following: corresponding payment or allotment made printed in the RECORD. There being no objection, the bill was ‘‘(B) PAYMENT RATES.— under subsections (a), (b), and (e) of section ‘‘(i) SURVEYS.—In order to provide the cer- 658O from the amount appropriated under ordered to be printed in the RECORD, as tification described in subparagraph (A), the section 658B(b). follows: State shall conduct statistically valid and ‘‘(b) ELIGIBLE STATES.— S. 526 reliable market rate surveys (that reflect ‘‘(1) IN GENERAL.—In this section, the term Be it enacted by the Senate and House of Rep- variations in the cost of child care services ‘eligible State’ means a State that— resentatives of the United States of America in by locality), in accordance with such meth- ‘‘(A) has conducted a statistically valid Congress assembled, odology standards as the Secretary shall survey of the market rates for child care

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.079 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2039 services in the State within the 2 years pre- care assistance in accordance with this sub- success of our welfare system rests on ceding the date of the submission of an appli- chapter up to the 100th percentile of the our ability to provide dependable and cation under paragraph (2); and market rate determined under the market consistent child care support for low- ‘‘(B) submits an application in accordance rate survey described in subsection (b)(1)(A). income families, so that they can work with paragraph (2). ‘‘(2) ADDITIONAL USES.—An eligible State ‘‘(2) APPLICATION.— that demonstrates to the Secretary that the and provide for their families. Improv- ‘‘(A) IN GENERAL.—To be eligible to receive State has achieved a payment rate of the ing the quality of child care and the a grant under this section, a State shall sub- 100th percentile of the market rate deter- environment in which our children de- mit an application to the Secretary at such mined under the market rate survey de- velop is an essential responsibility of time, in such manner, and accompanied by scribed in subsection (b)(1)(A) may use funds our society as a whole, and this legisla- such information, in addition to the informa- received under a grant made under this sec- tion can be an important part of our ef- tion required under subparagraph (B), as the tion for any other activity that the State fort in Congress to meet that responsi- Secretary may require. demonstrates to the Secretary will enhance bility. ‘‘(B) INFORMATION REQUIRED.—Each appli- the quality of child care services provided in cation submitted for a grant under this sec- the State. Today, 65 percent of parents with tion shall— ‘‘(3) SUPPLEMENT NOT SUPPLANT.—Amounts young children and 79 percent of par- ‘‘(i) detail the methodology and results of paid to a State under this section shall be ents with school age children are in the State market rates survey conducted used to supplement and not supplant other America’s workforce. During the work- pursuant to paragraph (1)(A); Federal, State, or local funds provided to the ing day, 14 million children are cared ‘‘(ii) describe the State’s plan to increase State under this subchapter or any other for by someone other than a parent. payment rates from the initial baseline de- provision of law. For low-income families and single termined under clause (i); ‘‘(d) EVALUATIONS AND REPORTS.— mothers, child care assistance is a life- ‘‘(iii) describe how the State will increase ‘‘(1) STATE EVALUATIONS.—Each eligible payment rates in accordance with the mar- State shall submit to the Secretary, at such line. Low-income mothers who receive ket survey results, for all types of child care time and in such form and manner as the child care assistance are 40 percent providers who provide services for which as- Secretary may require, information regard- more likely to remain employed after 2 sistance is made available under this sub- ing the State’s efforts to increase payment years, compared to those who do not chapter; rates and the impact increased payment receive such support. Yet child care is ‘‘(iv) describe how payment rates will be rates are having on the quality of child care still unaffordable for far too many fam- set to reflect the variations in the cost of in the State and the access of parents to providing care for children of different ages ilies—full-day care can easily cost high-quality child care in the State. thousands of dollars a year and become and different types of care; ‘‘(2) REPORTS TO CONGRESS.—The Secretary ‘‘(v) describe how the State will prioritize shall submit biennial reports to Congress on an impossible expense for millions of increasing payment rates for— the information described in paragraph (1). families. ‘‘(I) care of higher-than-average quality, Such reports shall include data from the ap- The Caring for Children Act will ex- such as care by accredited providers or care plications submitted under subsection (b)(2) pand access to child care and do more that includes the provision of comprehensive as a baseline for determining the progress of to deliver the support that working services; each eligible State in maintaining increased parents need in obtaining effective ‘‘(II) care for children with disabilities and payment rates. children served by child protective services; child care. The bill supports activities ‘‘(e) INDIAN TRIBES AND TRIBAL ORGANIZA- to help parents fmd quality care or TIONS.—The Secretary shall determine the ‘‘(III) care for children in communities manner in which and the extent to which the through State Resource and Referral served by local educational agencies that provisions of this section apply to Indian Centers, so that greater information have been identified for improvement under tribes and tribal organizations. and outreach to parents will be avail- section 1116(c)(3) of the Elementary and Sec- ‘‘(f) PAYMENT RATE.—In this section, the able. ondary Education Act of 1965 (20 U.S.C. term ‘payment rate’ means the rate of reim- Child care is a vital support for work- 6316(c)(3)); bursement to providers for subsidized child ing parents, and it is also an essential ‘‘(vi) describe the State’s plan to assure care.’’. link in preparing young children for that the State will make the payments on a (e) PAYMENTS.—Section 658J(a) of the Child timely basis and follow the usual and cus- Care and Development Block Grant Act of school. Research shows that the early tomary market practices with regard to pay- 1990 (42 U.S.C. 9858h(a)) is amended by insert- environments in which children learn ment for child absentee days; and ing ‘‘from funds appropriated under section and develop have a profound impact on ‘‘(vii) describe the State’s plans for making 658B(a)’’ after ‘‘section 658O’’. their later development and on their the results of the survey widely available (f) ALLOTMENT.—Section 658O of the Child success in school. Unfortunately, much through public means. Care and Development Block Grant Act of remains to be done to improve the ‘‘(3) CONTINUING ELIGIBILITY REQUIRE- 1990 (42 U.S.C. 9858m) is amended— quality of child care. Nearly half of all MENT.— (1) in subsection (b)(1), in the matter pre- ‘‘(A) SECOND AND SUBSEQUENT PAYMENTS.— ceding subparagraph (A)— kindergarten teachers report that the A State shall be eligible to receive a second (A) by striking ‘‘section 658B’’ and insert- majority of children in each entering or subsequent annual payment under this ing ‘‘section 658B(a)’’; and class has specific problems, including section only if the Secretary determines that (B) by inserting ‘‘and from the amounts ap- difficulty in following directions, lack the State has made progress, through the ac- propriated under section 658B(b) for each fis- of even the most basic academic skills, tivities assisted under this subchapter, in cal year remaining after reservations under troubled situations at home, or dif- maintaining increased payment rates. subsection (a),’’ before ‘‘the Secretary shall ficulty in relating to other children. ‘‘(B) THIRD AND SUBSEQUENT PAYMENTS.—A allot’’; and The Caring for Children Act seeks to State shall be eligible to receive a third or (2) in subsection (e)— subsequent annual payment under this sec- (A) in paragraph (1), by striking ‘‘the allot- improve the quality of child care avail- tion only if the State has conducted, at least ment under subsection (b)’’ and inserting able to low-income children and their once every 2 years, an update of the survey ‘‘an allotment made under subsection (b)’’; families through the Child Care and described in paragraph (1)(A). and Development Block Grant. The bill will ‘‘(4) REQUIREMENT OF MATCHING FUNDS.— (B) in paragraph (3), by inserting ‘‘cor- raise the amount of funds that States ‘‘(A) IN GENERAL.—To be eligible to receive responding’’ before ‘‘allotment’’. must dedicate to quality activities a grant under this section, the State shall Mr. KENNEDY. Mr. President, I’m from 4 to 6 percent. agree to make available State contributions pleased to join my colleagues in intro- Most important, the Act will pro- from State sources toward the costs of the activities to be carried out by the State pur- ducing the Caring for Children Act of mote better child care by focusing on suant to subsection (c) in an amount that is 2005. We were able to work together on activities that make children ready to not less than 20 percent of such costs. both sides of the aisle to prepare this learn, and encouraging States to im- ‘‘(B) DETERMINATION OF STATE CONTRIBU- bill to reauthorize the Child Care and prove child safety and well-being. TIONS.—Such State contributions shall be in Development Block Grant program. Funds will be used to provide greater cash. Amounts provided by the Federal Gov- The Caring for Children Act reflects training and support for child care ernment may not be included in determining our common goals to expand access and workers, establish voluntary guidelines the amount of such State contributions. improve the quality of child care for for school preparedness, and enhance ‘‘(c) USE OF FUNDS.— ‘‘(1) PRIORITY USE.—An eligible State that children and families throughout the the early learning of young children. receives a grant under this section shall use Nation. Investments in the child care work- the funds received to significantly increase Child care is a key issue in both wel- force are also essential to improve the the payment rate for the provision of child fare reform and education reform. The quality of care. Today, only one in

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.083 S03PT1 S2040 CONGRESSIONAL RECORD — SENATE March 3, 2005 seven child care centers provides a the Five-seveN Pistol and 5.7 x 28mm The PLEA Act is simple. It would level of quality adequate for child de- SS190 and SS192 cartridges, testing ban the Five-seven assault pistol, ban velopment. Thirty states have no pre- handguns and ammunition for capa- the special armor piecing FN 5.7 x service training requirements for child bility to penetrate body armor, and 28mm S 192 ammunition, expand the care workers. Our bill supports profes- prohibiting the manufacture, importa- federal definition of armor piercing sional development and education op- tion, sale, or purchase of such hand- ammunition, and require the Attorney portunities for child care providers to guns or ammunition by civilians; to General to test any ammunition that is upgrade their skills and to use proven the Committee on the Judiciary. capable of penetrating body armor. and effective early learning materials Mr. LAUTENBERG. Mr. President, The PLEA Act does not apply to the and teaching strategies in their work. the tragic attacks of September 11, 2001 military and law enforcement. In fact, It encourages states to increase the re- reminded us that police are heroes who it specifically exempts sale of armor cruitment and retention of qualified risk their lives to protect us. piercing ammunition to the military child care staff and reduce the high That’s why it’s so outrageous that a and law enforcement. turnover rates in child care centers. gun manufacturer would design and I encourage my colleagues to support We must also do more to ensure that market a ‘‘cop killer’’ weapon. it. states provide timely and adequate Today on the streets of our cities I ask unanimous consent that the payments for high quality care. The there is a handgun, called the Five- text of the bill be printed in the Caring for Children Act will improve SeveN, that was specifically designed RECORD. There being no objection, the bill was reimbursement rates for care in the to pierce bulletproof vests like the ordered to be printed in the RECORD, as states, and more effectively use the ones worn by police. follows: market survey required under current The web site for this gun actually law to establish payment rates. I com- brags that it can pierce protective S. 527 Be it enacted by the Senate and House of Rep- mend Senator REED for his leadership armor—that it is a potential cop killer. resentatives of the United States of America in on those provisions. One of these weapons was recently Congress assembled, Finally, the Caring for Children Act confiscated by police officer in Cam- SECTION 1. SHORT TITLE. creates a new Federal commitment to den, NJ, from a suspect charged with This Act may be cited as the ‘‘Protect Law serve children in need, including fami- trafficking in large amounts of nar- Enforcement Armor Act’’ or the ‘‘PLEA lies with infants and toddlers, children cotics. Act’’. with disabilities, and families that re- If there had been a gunfight, the po- SEC. 2. FINDINGS AND PURPOSE. quire special care during non-tradi- lice would have been outgunned. (a) FINDINGS.—Congress finds the fol- tional work hours. Thanks to Senator Who knows how many cop-killer guns lowing: (1) Law enforcement is facing a new threat HARKIN’s leadership, the needs of in- are on the streets of my State—or from handguns and accompanying ammuni- fants and toddlers will continue to be yours? tion, which are designed to penetrate police addressed in this bill. Police across the nation are alarmed body armor, being marketed and sold to ci- The Caring for Children Act builds on by this weapon. The police chief of Jer- vilians. effective practices already underway in sey City, Robert Troy, recently pleaded (2) A Five-seveN Pistol and accompanying many states, but we still have a long with Congress to ban this gun. ammunition, manufactured by FN Herstal of way to go to see that all children have That’s why I have introduced the Belgium as the ‘‘5.7 x 28 mm System,’’ has access to good child care. More re- Protect Law Enforcement Armor recently been recovered by law enforcement sources are clearly required, and the (PLEA) Act to take ‘‘cop-killer guns’’ on the streets. The Five-seveN Pistol and 5.7 off the streets. And, I am pleased Sen- x 28mm SS192 cartridges are legally avail- need is urgent. able for purchase by civilians under current In nearly half the states, eligible ators CORZINE, SCHUMER and CLINTON law. children are being placed on waiting are co-sponsors of this legislation. (3) The Five-seveN Pistol and 5.7 x 28mm lists or being turned away altogether. There might be a place for this gun SS192 cartridges are capable of penetrating In Massachusetts, over 16,000 low-in- on a battlefield . . . but not near a play- level IIA armor. The manufacturer adver- come children are on waiting lists. ground. tises that ammunition fired from the Five- Instead of responding to this need, Not on our streets. seveN will perforate 48 layers of Kevlar up to the President’s budget for Fiscal Year The cop-killer gun isn’t good for 200 meters and that the ammunition travels 2006 freezes funding for the Child Care hunting. The last time I checked, deer at 2100 feet per second. (4) The Five-seveN Pistol, and similar and Development Block Grant. Under didn’t wear bulletproof vests. handguns designed to use ammunition capa- the Administration’s own calculations, It isn’t for target shooting. ble of penetrating body armor, pose a dev- 300,000 fewer low-income children will It isn’t even a practical weapon for astating threat to law enforcement. have access to child care assistance by protection against home intruders. (b) PURPOSE.—The purpose of this Act is to 2010. Surely, we can do better. The cop-killer gun was designed for protect the Nation’s law enforcement offi- It makes no sense to cut back on one thing—piercing the protective cers by— child care for low-income children. We armor worn by police officers. (1) testing handguns and ammunition for This is a weapon a terrorist or crimi- capability to penetrate body armor; and need to serve as many needy children (2) prohibiting the manufacture, importa- as possible. I look forward very much nal would love: light and easily con- tion, sale, or purchase by civilians of the to working with our colleagues on the cealed, yet so powerful that it can pen- Five-seveN Pistol, ammunition for such pis- Finance Committee to make that goal etrate a bullet-proof vest from a dis- tol, or any other handgun that uses ammuni- a reality as the reauthorization of the tance of more than two football fields. tion found to be capable of penetrating body Temporary Assistance for Needy Fami- Armor-piercing bullets are already il- armor. lies Block Grant moves forward this legal, but the cop-killer gun has SEC. 3. ARMOR PIERCING AMMUNITION. year. slipped through a loophole in the law. (a) EXPANSION OF DEFINITION OF ARMOR PIERCING AMMUNITION.—Section 921(a)(17)(B) I commend Senators ENZI, ALEX- Simply put, this gun skirts the law by delivering ammunition with un- of title 18, United States Code, is amended— ANDER, and DODD for their impressive (1) in clause (i), by striking ‘‘or’’ at the work on this bill. I urge all of my col- usual velocity, turning otherwise legal end; leagues in the Senate to support this bullets into ‘‘cop killers.’’ (2) in clause (ii), by striking the period at important legislation and work with us We can’t sit by. We must protect our the end and inserting ‘‘; and’’; and to provide the support for quality child police. (3) by adding at the end the following: care that low-income families through- We must ban the cop-killer gun and ‘‘(iii) a projectile that— out America need and deserve. close the loophole on cop-killer bullets. ‘‘(I) may be used in a handgun; and Our police officers risk their lives to ‘‘(II) the Attorney General determines, By Mr. LAUTENBERG (for him- protect us . . . but we should reduce pursuant to section 926(d), to be capable of penetrating body armor.’’. self, Mr. CORZINE, Mr. SCHUMER, that risk as much as possible. (b) DETERMINATION OF CAPABILITY OF PRO- and Mrs. CLINTON): Let’s get cop-killer guns off our JECTILES TO PENETRATE BODY ARMOR.—Sec- S. 527. A bill to protect the Nation’s streets. tion 926 of title 18, United States Code, is law enforcement officers by banning Let’s pass the PLEA Act. amended by adding at the end the following:

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.085 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2041 ‘‘(d)(1) Not later than 1 year after the date government would follow the person want to thank Senator SMITH for his of enactment of this subsection, the Attor- with a disability from an institution commitment to improving access to ney General shall promulgate standards for into the community. This legislation home and community based services the uniform testing of projectiles against provides 100 percent Federal reimburse- for people with disabilities. Body Armor Exemplar. ‘‘(2) The standards promulgated pursuant ment for the community services that I ask unanimous consent that the to paragraph (1) shall take into account, an individual needs during the first text of this bill be printed in the among other factors, variations in perform- year that they move out of an institu- RECORD. ance that are related to the type of handgun tion or nursing home. By fully reim- There being no objection, the bill was used, the length of the barrel of the handgun, bursing the states, it gives them some ordered to be printed in the RECORD, as the amount and kind of powder used to pro- additional resources to allow people follows: pel the projectile, and the design of the pro- with disabilities to choose to live in S. 528 jectile. Be it enacted by the Senate and House of Rep- ‘‘(3) As used in paragraph (1), the term the community. resentatives of the United States of America in ‘Body Armor Exemplar’ means body armor President Bush first proposed the Congress assembled, that the Attorney General determines meets Money Follows the Person Rebalancing minimum standards for the protection of law Initiative in his FY ’04 budget and indi- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Money Fol- enforcement officers.’’ cated that the demonstration project lows the Person Act of 2005’’. SEC. 4. ARMOR PIERCING HANDGUNS AND AMMU- would provide full Federal reimburse- SEC. 2. MONEY FOLLOWS THE PERSON REBAL- NITION. ment for community services for the ANCING DEMONSTRATION. (a) IN GENERAL.—Section 922 of title 18, first year that an individual moves out (a) PROGRAM PURPOSE AND AUTHORITY.— United States Code, is amended by adding of an institution or nursing home. Sen- The Secretary of Health and Human Services after subsection (y): (in this section referred to as the ‘‘Sec- ‘‘(z) FIVE-SEVEN PISTOL.— ator SMITH and I have worked with the retary’’) is authorized to award, on a com- ‘‘(1) IN GENERAL.—It shall be unlawful for disability community and others in petitive basis, grants to States in accordance any person to manufacture, import, market, drafting this legislation, and we look with this section for demonstration projects sell, ship, deliver, possess, transfer, or re- forward to working with the Adminis- (each in this section referred to as a ‘‘MFP ceive— tration and our colleagues to enact the demonstration project’’) designed to achieve ‘‘(A) the Fabrique Nationale Herstal Five- Money Follows the Person concept into the following objectives with respect to in- SeveN Pistol; law. stitutional and home and community-based ‘‘(B) 5.7 x 28mm SS190 and SS192 car- We have a Medicaid system in this long-term care services under State med- tridges; or icaid programs: ‘‘(C) any other handgun that uses armor country that is spending approxi- (1) REBALANCING.—Increase the use of home piercing ammunition. mately two-thirds of its dollars on in- and community-based, rather than institu- ‘‘(2) EXCEPTIONS.—This subsection shall stitutional care and approximately tional, long-term care services. not apply to— one-third on community services. This (2) MONEY FOLLOWS THE PERSON.—Elimi- ‘‘(A) any firearm or armor piercing ammu- bill is an important step toward nate barriers or mechanisms, whether in the nition manufactured for, and sold exclu- switching those numbers around. State law, the State medicaid plan, the sively to, military, law enforcement, or in- It is shameful that our federal dollars State budget, or otherwise, that prevent or telligence agencies of the United States; and are being spent to segregate people, not restrict the flexible use of medicaid funds to ‘‘(B) the manufacture, possession, transfer, enable medicaid-eligible individuals to re- receipt, shipment, or delivery of a firearm or integrate them. It has been 15 years ceive support for appropriate and necessary armor piercing ammunition by a licensed since we passed the Americans with long-term services in the settings of their manufacturer, or any person acting pursuant Disabilities Act, which said ‘‘no’’ to choice. to a contract with a licensed manufacturer, segregation. But our Medicaid program (3) CONTINUITY OF SERVICE.—Increase the for the purpose of examining and testing says ‘‘yes’’ and we need to change it. ability of the State medicaid program to as- such firearm or ammunition to determine This is the next civil rights battle. If sure continued provision of home and com- whether paragraph (1) applies to such fire- we really meant what we said in the munity-based long-term care services to eli- arm.’’. ADA in 1990, we should enact this legis- gible individuals who choose to transition (b) PENALTIES.—Section 924(a)(1)(B) of title 18, United States Code, is amended by strik- lation. from an institutional to a community set- ing ‘‘or (q)’’ and inserting ‘‘(q), or (z)’’. The civil right of a person with a dis- ting. ability to be integrated into his or her (4) QUALITY ASSURANCE AND QUALITY IM- By Mr. HARKIN (for himself and community should not depend on his or PROVEMENT.—Ensure that procedures are in place (at least comparable to those required Mr. SMITH): her address. In Olmstead v. LC, the Su- under the qualified HCB program) to provide S. 528. A bill to authorize the Sec- preme Court recognized that needless quality assurance for eligible individuals re- retary of Health and Human Services institutionalization is a form of dis- ceiving medicaid home and community- to provide grants to States to conduct crimination under the Americans with based long-term care services and to provide demonstration projects that are de- Disabilities Act. We in Congress have a for continuous quality improvement in such signed to enable medicaid-eligible indi- responsibility to help States meet their services. viduals to receive support for appro- obligations under Olmstead. An indi- (b) DEFINITIONS.—For purposes of this sec- priate and necessary long-term services vidual should not be asked to move to tion: (1) HOME AND COMMUNITY-BASED LONG-TERM in the settings of their choice; to the another state in order to avoid needless CARE SERVICES.—The term ‘‘home and com- Committee on Finance. segregation. They also should not be munity-based long-term care services’’ Mr. HARKIN. Mr. President, today I, moved away from family and friends means, with respect to a State medicaid pro- along with Senator SMITH, introduce because their only choice is an institu- gram, home and community-based services the Money Follows the Person Act of tion. (including home health and personal care 2005. This legislation is needed to truly Federal Medicaid policy should re- services) that are provided under the State’s bring people with disabilities into the flect the consensus reached in the ADA qualified HCB program or that could be pro- mainstream of society and provide that Americans with disabilities should vided under such a program but are other- equal opportunity for employment and have equal opportunity to contribute wise provided under the medicaid program. (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- community activities. to our communities and participate in ble individual’’ means, with respect to an In order to work or live in their own our society as full citizens. That means MFP demonstration project of a State, an in- homes, Americans with disabilities no one has to sacrifice their full par- dividual in the State— need access to community-based serv- ticipation in society because they need (A) who, immediately before beginning ices and supports. Unfortunately, help getting out of the house in the participation in the MFP demonstration under current Federal Medicaid policy, morning or assistance with personal project— the deck is stacked in favor of living in care or some other basic service. (i) resides (and has resided, for a period of an institution. The purpose of this bill This bill will open the door to full not less than six months or for such longer participation by people with disabil- minimum period, not to exceed 2 years, as is to level the playing field and give el- may be specified by the State) in an inpa- igible individuals equal access to com- ities in our neighborhoods, our commu- tient facility; munity-based services and supports. nities, our workplaces, and our Amer- (ii) is receiving medicaid benefits for inpa- Under our legislation, the Medicaid ican Dream, and I urge all my col- tient services furnished by such inpatient fa- money paid by states and the Federal leagues to support us on this issue. I cility; and

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(iii) with respect to whom a determination resentative will select, manage, and dismiss (5) TARGETED GROUPS AND NUMBERS OF INDI- has been made that, but for the provision of providers of such services; VIDUALS SERVED.—The application shall home and community-based long-term care (iii) specifies the role of family members specify— services, the individual would continue to re- and others whose participation is sought by (A) the target groups of eligible individuals quire the level of care provided in an inpa- the individual or the individual’s authorized to be assisted to transition from an inpatient tient facility; and representative with respect to such services; facility to a qualified residence during each (B) who resides in a qualified residence be- (iv) is developed through a person-centered fiscal year of the MFP demonstration ginning on the initial date of participation process that— project; in the demonstration project. (I) is directed by the individual or the indi- (B) the projected numbers of eligible indi- (3) INPATIENT FACILITY.—The term ‘‘inpa- vidual’s authorized representative; viduals in each targeted group of eligible in- tient facility’’ means a hospital, nursing fa- (II) builds upon the individual’s capacity to dividuals to be so assisted during each such cility, or intermediate care facility for the engage in activities that promote commu- year; and mentally retarded. Such term includes an in- nity life and that respects the individual’s (C) the estimated total annual qualified ex- stitution for mental diseases, but only, with preferences, choices, and abilities; and penditures for each fiscal year of the MFP respect to a State, to the extent medical as- (III) involves families, friends, and profes- demonstration project. sistance is available under the State med- sionals as desired or required by the indi- (6) INDIVIDUAL CHOICE, CONTINUITY OF icaid plan for services provided by such insti- vidual or the individual’s authorized rep- CARE.—The application shall contain assur- tution. resentative; ances that— (4) INDIVIDUAL’S AUTHORIZED REPRESENTA- (v) includes appropriate risk management (A) each eligible individual or the individ- TIVE.—The term ‘‘individual’s authorized techniques that recognize the roles and shar- ual’s authorized representative will be pro- representative’’ means, with respect to an el- ing of responsibilities in obtaining services vided the opportunity to make an informed igible individual, the individual’s parent, in a self-directed manner and assure the ap- choice regarding whether to participate in family member, guardian, advocate, or other propriateness of such plan based upon the re- the MFP demonstration project; authorized representative of the individual. sources and capabilities of the individual or (B) each eligible individual or the individ- (5) MEDICAID.—The term ‘‘medicaid’’ the individual’s authorized representative; ual’s authorized representative will choose means, with respect to a State, the State and the qualified residence in which the indi- program under title XIX of the Social Secu- (vi) may include an individualized budget vidual will reside and the setting in which rity Act (including any waiver or demonstra- which identifies the dollar value of the serv- the individual will receive home and commu- tion under such title or under section 1115 of ices and supports under the control and di- nity-based long-term care services; such Act relating to such title). rection of the individual or the individual’s (C) the State will continue to make avail- (6) QUALIFIED HCB PROGRAM.—The term authorized representative. able, so long as the State operates its quali- ‘‘qualified HCB program’’ means a program fied HCB program consistent with applicable (C) BUDGET PROCESS.—With respect to indi- providing home and community-based long- vidualized budgets described in subparagraph requirements, home and community-based term care services operating under medicaid, (B)(vi), the State application under sub- long-term care services to each individual whether or not operating under waiver au- section (c)— who completes participation in the MFP thority. (i) describes the method for calculating the demonstration project for as long as the in- (7) QUALIFIED RESIDENCE.—The term dividual remains eligible for medical assist- dollar values in such budgets based on reli- ‘‘qualified residence’’ means, with respect to ance for such services under such qualified able costs and service utilization; an eligible individual— HCB program (including meeting a require- (ii) defines a process for making adjust- (A) a home owned or leased by the indi- ment relating to requiring a level of care ments in such dollar values to reflect vidual or the individual’s family member; provided in an inpatient facility and con- changes in individual assessments and serv- (B) an apartment with an individual lease, tinuing to require such services). ice plans; and with lockable access and egress, and which (7) REBALANCING.—The application shall— (iii) provides a procedure to evaluate ex- includes living, sleeping, bathing, and cook- (A) provide such information as the Sec- penditures under such budgets. ing areas over which the individual or the in- retary may require concerning the dollar TATE.—The term ‘‘State’’ has the dividual’s family has domain and control; (10) S amounts of State medicaid expenditures for and meaning given such term for purposes of the fiscal year, immediately preceding the (C) a residence, in a community-based resi- title XIX of the Social Security Act. first fiscal year of the State’s MFP dem- dential setting, in which no more than 4 un- (c) STATE APPLICATION.—A State seeking onstration project, for long-term care serv- related individuals reside. approval of an MFP demonstration project ices and the percentage of such expenditures (8) QUALIFIED EXPENDITURES.—The term shall submit to the Secretary, at such time that were for institutional long-term care ‘‘qualified expenditures’’ means expenditures and in such format as the Secretary requires, services or were for home and community- by the State under its MFP demonstration an application meeting the following re- based long-term care services; project for home and community-based long- quirements and containing such additional (B)(i) specify the methods to be used by the term care services for an eligible individual information, provisions, and assurances, as State to increase, for each fiscal year during participating in the MFP demonstration the Secretary may require: the MFP demonstration project, the dollar project, but only with respect to services fur- (1) ASSURANCE OF A PUBLIC DEVELOPMENT amount of such total expenditures for home nished during the 12-month period beginning PROCESS.—The application contains an assur- and community-based long-term care serv- on the date the individual is discharged from ance that the State has engaged, and will ices and the percentage of such total expend- an inpatient facility referred to in paragraph continue to engage, in a public process for itures for long-term care services that are (2)(A)(i). the design, development, and evaluation of for home and community-based long-term (9) SELF-DIRECTED SERVICES.—The term the MFP demonstration project that allows care services; and ‘‘self-directed’’ means, with respect to, home for input from eligible individuals, the fami- (ii) describe the extent to which the MFP and community-based long-term care serv- lies of such individuals, authorized rep- demonstration project will contribute to ac- ices for an eligible individual, such services resentatives of such individuals, providers, complishment of objectives described in sub- for the individual which are planned and pur- and other interested parties. section (a). chased under the direction and control of (2) OPERATION IN CONNECTION WITH QUALI- (8) MONEY FOLLOWS THE PERSON.—The ap- such individual or the individual’s author- FIED HCB PROGRAM TO ASSURE CONTINUITY OF plication shall describe the methods to be ized representative, including the amount, SERVICES.—The State will conduct the MFP used by the State to eliminate any legal, duration, scope, provider, and location of demonstration project for eligible individ- budgetary, or other barriers to flexibility in such services, under the State medicaid pro- uals in conjunction with the operation of a the availability of medicaid funds to pay for gram consistent with the following require- qualified HCB program that is in operation long-term care services for eligible individ- ments: (or approved) in the State for such individ- uals participating in the project in the ap- (A) ASSESSMENT.—There is an assessment uals in a manner that assures continuity of propriate settings of their choice, including of the needs, capabilities, and preferences of medicaid coverage for such individuals so costs to transition from an institutional set- the individual with respect to such services. long as such individuals continue to be eligi- ting to a qualified residence. (B) SERVICE PLAN.—Based on such assess- ble for medical assistance. (9) MAINTENANCE OF EFFORT AND COST-EF- ment, there is developed jointly with such (3) DEMONSTRATION PROJECT PERIOD.—The FECTIVENESS.—The application shall contain individual or the individual’s authorized rep- application shall specify the period of the or be accompanied by such information and resentative a plan for such services for such MFP demonstration project, which shall in- assurances as may be required to satisfy the individual that is approved by the State and clude at least two consecutive fiscal years in Secretary that— that— the 5-fiscal-year period beginning with fiscal (A) total expenditures under the State (i) specifies those services which the indi- year 2006. medicaid program for home and community- vidual or the individual’s authorized rep- (4) SERVICE AREA.—The application shall based long-term care services will not be less resentative would be responsible for direct- specify the service area or areas of the MFP for any fiscal year during the MFP dem- ing; demonstration project, which may be a onstration project than for the greater of (ii) identifies the methods by which the in- Statewide area or one or more geographic such expenditures for— dividual or the individual’s authorized rep- areas of the State. (i) fiscal year 2004; or

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(ii) any succeeding fiscal year before the (1) IN GENERAL.—The Secretary shall award (A) 100 percent of the amount of qualified first year of the MFP demonstration project; grants under this section on a competitive expenditures made during such quarter; or and basis to States selected from among those (B) the total amount remaining in such (B) in the case of a qualified HCB program with applications meeting the requirements grant award for such fiscal year (taking into operating under a waiver under subsection of subsection (c), in accordance with the pro- account the application of paragraph (2)). (c) or (d) of section 1915 of the Social Secu- visions of this subsection. (2) CARRYOVER OF UNUSED AMOUNTS.—Any rity Act (42 U.S.C. 1396n), but for the amount (2) SELECTION AND MODIFICATION OF STATE portion of a State grant award for a fiscal awarded under a grant under this section, APPLICATIONS.—In selecting State applica- year under this section remaining at the end the State program would continue to meet tions for the awarding of such a grant, the of such fiscal year shall remain available to the cost-effectiveness requirements of sub- Secretary— the State for the next four fiscal years, sub- section (c)(2)(D) of such section or com- (A) shall take into consideration the man- ject to paragraph (3). parable requirements under subsection (d)(5) ner in which and extent to which the State (3) RE-AWARDING OF CERTAIN UNUSED of such section, respectively. proposes to achieve the objectives specified AMOUNTS.—In the case of a State that the (10) WAIVER REQUESTS.—The application in subsection (a); Secretary determines pursuant to subsection shall contain or be accompanied by requests (B) shall seek to achieve an appropriate na- (d)(4) has failed to meet the conditions for for any modification or adjustment of waiv- tional balance in the numbers of eligible in- continuation of a MFP demonstration ers of medicaid requirements described in dividuals, within different target groups of project under this section in a succeeding subsection (d)(3), including adjustments to eligible individuals, who are assisted to tran- year or years, the Secretary shall rescind the maximum numbers of individuals included sition to qualified residences under MFP grant awards for such succeeding year or and package of benefits, including one-time demonstration projects, and in the geo- years, together with any unspent portion of transitional services, provided. graphic distribution of States operating an award for prior years, and shall add such (11) QUALITY ASSURANCE AND QUALITY IM- MFP demonstration projects; amounts to the appropriation for the imme- PROVEMENT.—The application shall include— (C) shall give preference to State applica- diately succeeding fiscal year for grants (A) a plan satisfactory to the Secretary for tions proposing— under this section. quality assurance and quality improvement (i) to provide transition assistance to eligi- (4) PREVENTING DUPLICATION OF PAYMENT.— for home and community-based long-term ble individuals within multiple target The payment under a MFP demonstration care services under the State medicaid pro- groups; and project with respect to qualified expendi- gram, including a plan to assure the health (ii) to provide eligible individuals with the tures shall be in lieu of any payment with re- and welfare of individuals participating in opportunity to receive home and commu- spect to such expenditures that could other- the MFP demonstration project; and nity-based long-term care services as self-di- wise be paid under medicaid, including under (B) an assurance that the State will co- rected services, as defined in subsection section 1903(a) of the Social Security Act. operate in carrying out activities under sub- (b)(9); and Nothing in the previous sentence shall be section (f) to develop and implement contin- (D) shall take such objectives into consid- construed as preventing the payment under uous quality assurance and quality improve- eration in setting the annual amounts of medicaid for such expenditures in a grant ment systems for home and community- State grant awards under this section. year after amounts available to pay for such based long-term care services. (3) WAIVER AUTHORITY.—The Secretary is expenditures under the MFP demonstration (12) OPTIONAL PROGRAM FOR SELF-DIRECTED authorized to waive the following provisions project have been exhausted. SERVICES.—If the State elects to provide for of title XIX of the Social Security Act, to (f) QUALITY ASSURANCE AND IMPROVEMENT; any home and community-based long-term the extent necessary to enable a State initia- TECHNICAL ASSISTANCE; OVERSIGHT.— care services as self-directed services (as de- tive to meet the requirements and accom- (1) IN GENERAL.—The Secretary, either di- fined in subsection (b)(9)) under the MFP plish the purposes of this section: rectly or by grant or contract, shall provide demonstration project, the application shall (A) STATEWIDENESS.—Section 1902(a)(1), in for technical assistance to and oversight of provide the following: order to permit implementation of a State States for purposes of upgrading quality as- (A) MEETING REQUIREMENTS.—A description initiative in a selected area or areas of the surance and quality improvement systems of how the project will meet the applicable State. under medicaid home and community-based requirements of such subsection for the pro- (B) COMPARABILITY.—Section 1902(a)(10)(B), waivers, including— vision of self-directed services. in order to permit a State initiative to assist (A) dissemination of information on prom- (B) VOLUNTARY ELECTION.—A description of a selected category or categories of individ- ising practices; how eligible individuals will be provided uals described in subsection (b)(2)(A). (B) guidance on system design elements with the opportunity to make an informed (C) INCOME AND RESOURCES ELIGIBILITY.— addressing the unique needs of participating election to receive self-directed services Section 1902(a)(10)(C)(i)(III), in order to per- beneficiaries; under the project and after the end of the mit a State to apply institutional eligibility (C) ongoing consultation on quality, in- project. rules to individuals transitioning to commu- cluding assistance in developing necessary (C) STATE SUPPORT IN SERVICE PLAN DEVEL- nity-based care. tools, resources, and monitoring systems; OPMENT.—Satisfactory assurances that the (D) PROVIDER AGREEMENTS.—Section and State will provide support to eligible individ- 1902(a)(27), in order to permit a State to im- (D) guidance on remedying programmatic uals who self-direct in developing and imple- plement self-directed services in a cost-effec- and systemic problems. menting their service plans. tive manner. (2) FUNDING.—From the amounts appro- (D) OVERSIGHT OF RECEIPT OF SERVICES.— (4) CONDITIONAL APPROVAL OF OUTYEAR priated under subsection (h) for each of fiscal Satisfactory assurances that the State will GRANT.—In awarding grants under this sec- years 2006 through 2010, not more than provide oversight of eligible individual’s re- tion, the Secretary shall condition the grant $2,400,000 shall be available to the Secretary ceipt of such self-directed services, including for the second and any subsequent fiscal to carry out this subsection. steps to assure the quality of services pro- years of the grant period on the following: (g) RESEARCH AND EVALUATION.— vided and that the provision of such services (A) NUMERICAL BENCHMARKS.—The State (1) IN GENERAL.—The Secretary, directly or are consistent with the service plan under must demonstrate to the satisfaction of the through grant or contract, shall provide for such subsection. Secretary that it is meeting numerical research on and a national evaluation of the Nothing in this section shall be construed as benchmarks specified in the grant agreement program under this section, including assist- requiring a State to make an election under for— ance to the Secretary in preparing the final the project to provide for home and commu- (i) increasing State medicaid support for report required under paragraph (2). The nity-based long-term care services as self-di- home and community-based long-term care evaluation shall include an analysis of pro- rected services, or as requiring an individual services under subsection (c)(5); and jected and actual savings related to the tran- to elect to receive self-directed services (ii) numbers of eligible individuals assisted sition of individuals to a qualified residences under the project. to transition to qualified residences. in each State conducting an MFP dem- (13) REPORTS AND EVALUATION.—The appli- (B) QUALITY OF CARE.—The State must onstration project. cation shall provide that— demonstrate to the satisfaction of the Sec- (2) FINAL REPORT.—The Secretary shall (A) the State will furnish to the Secretary retary that it is meeting the requirements make a final report to the President and the such reports concerning the MFP demonstra- under subsection (c)(9) to assure the health Congress, not later than September 30, 2011, tion project, on such timetable, in such uni- and welfare of MFP demonstration project reflecting the evaluation described in para- form format, and containing such informa- participants. graph (1) and providing findings and conclu- tion as the Secretary may require, as will (e) PAYMENTS TO STATES; CARRYOVER OF sions on the conduct and effectiveness of allow for reliable comparisons of MFP dem- UNUSED GRANT AMOUNTS.— MFP demonstration projects. onstration projects across States; and (1) PAYMENTS.—For each calendar quarter (3) FUNDING.—From the amounts appro- (B) the State will participate in and co- in a fiscal year during the period a State is priated under subsection (h) for each of fiscal operate with the evaluation of the MFP dem- awarded a grant under subsection (d), the years 2006 through 2010, not more than onstration project. Secretary shall pay to the State from its $1,100,000 per year shall be available to the (d) SECRETARY’S AWARD OF COMPETITIVE grant award for such fiscal year an amount Secretary to carry out this subsection. GRANTS.— equal to the lesser of— (h) APPROPRIATIONS.—

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.100 S03PT1 S2044 CONGRESSIONAL RECORD — SENATE March 3, 2005 (1) IN GENERAL.—There are appropriated, Agency, USADA. As the anti-doping a contest, game, meet, match, tournament, from any funds in the Treasury not other- agency for the United States Olympic regatta, or other event in which amateur wise appropriated, for grants to carry out movement since 2000, USADA is re- athletes compete (36 U.S.C. 220501(b)(2)). this section— sponsible for ensuring that U.S. ath- (3) AMATEUR ATHLETE.—The term ‘‘amateur (A) $250,000,000 for fiscal year 2006; athlete’’ means an athlete who meets the eli- (B) $300,000,000 for fiscal year 2007; letes participating in Olympic competi- gibility standards established by the na- (C) $350,000,000 for fiscal year 2008; tion do not use performance enhancing tional governing body or paralympic sports (D) $400,000,000 for fiscal year 2009; and drugs. Through its efforts, USADA is organization for the sport in which the ath- (E) $450,000,000 for fiscal year 2010. establishing a drug free standard for lete competes (36 U.S.C. 22501(b)(1)). (2) AVAILABILITY.—Amounts made avail- amateur athletic competition. This is (b) IN GENERAL.—The United States Anti- able under paragraph (1) for a fiscal year achieved through testing, research, Doping Agency shall— shall remain available for the awarding of education, and adjudication. (1) serve as the independent anti-doping or- grants to States by not later than September USADA conducts nearly 6,500 random ganization for the amateur athletic competi- 30, 2010. drug tests on athletes annually and has tions recognized by the United States Olym- (i) RULE OF CONSTRUCTION.—Nothing in this made anti-doping presentations to over pic Committee; Act shall be construed as requiring a State (2) ensure that athletes participating in to agree to a capped allotment for expendi- 3,000 athletes and coaches last year amateur athletic activities recognized by the tures for long-term care services under med- alone. Over the last 2 years, USADA United States Olympic Committee are pre- icaid. has worked to prevent U.S. Olympic vented from using performance-enhancing athletes who have used banned sub- drugs; By Mr. GRASSLEY (for himself, stances from participating in the (3) implement anti-doping education, re- Mr. BIDEN, Mr. MCCAIN, and Mr. Olympic Games. But for the efforts of search, testing, and adjudication programs STEVENS): USADA, it is possible that more than a to prevent United States Amateur Athletes S. 529. A bill to designate a United dozen elite U.S. athletes would have participating in any activity recognized by States Anti-Doping Agency; to the participated in the Athens Games last the United States Olympic Committee from using performance-enhancing drugs; and Committee on Commerce, Science, and Summer and potentially embarrassed (4) serve as the United States representa- Transportation. the U.S. once their drug use was ex- tive responsible for coordination with other Mr. GRASSLEY. Mr. President, posed. USADA also works to fund re- anti-doping organizations coordinating ama- America is a nation of sports fans and search, including more than $3 million teur athletic competitions recognized by the sports players. In fact, it is hard to in grants for anti-doping research over United States Olympic Committee to ensure imagine something more influential in the past 2 years, which is more than the integrity of athletic competition, the today’s society than athletics. As chil- any other anti-doping agency in the health of the athletes and the prevention of dren, we grow up emulating our favor- world. The research and testing stand- use of performance-enhancing drugs by United States amateur athletes. ite players in the backyard. Year in ards serve as models for other amateur and year out we watch and hope that athletic associations who wish to pro- SEC. 2. RECORDS, AUDIT, AND REPORT. tect the health of their athletes and (a) RECORDS.—The United States Anti- this is the year our favorite team Doping Agency shall keep correct and com- makes it to the Super Bowl, the World the fair competition of sport. plete records of account. Series, or the Big Dance. And every 4 To date, the Federal Government has (b) REPORT.—The United States Anti- years we watch in pride and tally the provided approximately 60 percent of Doping Agency shall submit an annual re- medals as American athletes compete USADA’s operational budget, with the port to Congress which shall include— in the Olympic games. remainder of the agency’s budget pro- (1) an audit conducted and submitted in ac- Every day millions of young people vided by the U.S. Olympic Committee cordance with section 10101 of title 36, United from across the country share the same and private funding sources. With con- States Code; and tinued support and proper funding, (2) a description of the activities of the dream of one day playing in the big agency. leagues. But the reality is that most USADA could expand and improve upon the programs for anti-doping that SEC. 3. AUTHORIZATION OF APPROPRIATIONS. will never get the chance. In an aver- There are authorized to be appropriated to age year, there are approximately 2 already exist and continue to enhance the credibility of U.S. athletes in the the United States Anti-Doping Agency— million high school boys playing foot- (1) for fiscal year 2006, $9,500,000; ball, baseball, and basketball. Another eyes of the international sports com- (2) for fiscal year 2007, $9,900,000; 68,000 men are playing the sports in munity. (3) for fiscal year 2008, $10,500,000; college and 2,500 are participating at While the issue of anabolic steroids (4) for fiscal year 2009, $10,800,000; and the major/professional level. In short, has received a great deal of national (5) for fiscal year 2010, $11,100,000. only 1 in 736, or 0.14 percent will ever and international attention in the con- f text of professional sports, the impor- play professional sports. SUBMITTED RESOLUTIONS With that kind of competition, com- tance of stopping steroid abuse extends pounded by the lure of fame, endorse- far beyond the track, baseball dia- mond, or football field. Instead our ments and multi-million dollar con- SENATE RESOLUTION 69—EX- focus should be on the health and fu- tracts, an increasing number of young PRESSING THE SENSE OF THE ture of our children. I encourage my athletes are giving in to the seduction SENATE ABOUT THE ACTIONS OF colleagues to join in support of this of performance enhancing drugs hoping RUSSIA REGARDING GEORGIA legislation to set the standard for free to gain an edge on their peers. And AND MOLDOVA and fair competition. what can you expect when some of the Mr. President. I ask unanimous con- Mr. LUGAR submitted the following biggest superstars in sports have been sent that the text of this bill be printed resolution; which was referred to the found using steroids as a way to im- in the RECORD. Committee on Foreign Relations: prove their performance. But, unlike There being no objection, the bill was better athletic gear, better nutrition, S. RES. 69 ordered to be printed in the RECORD, as Whereas the Organization for Security and and better training, injecting and in- follows: gesting performance enhancing drugs Cooperation in Europe (OSCE) evolved from S. 529 the Conference on Security and Cooperation as a shortcut to the big leagues jeop- Be it enacted by the Senate and House of Rep- in Europe (CSCE), which was established in ardizes the health and safety of young resentatives of the United States of America in 1975, and the official change of its name from athletes and cheapens the legitimacy Congress assembled, CSCE to OSCE became effective on January of competition. SECTION 1. DESIGNATION OF UNITED STATES 1, 1995; In an effort to combat the use of per- ANTI-DOPING AGENCY. Whereas the OSCE is the largest regional formance enhancing drugs at the youth (a) DEFINITIONS.—In this Act: security organization in the world with 55 and amateur sports level, I am pleased (1) UNITED STATES OLYMPIC COMMITTEE.— participating States from Europe, Central to be joined by my colleagues Senator The term ‘‘United States Olympic Com- Asia, and North America; mittee’’ means the organization established Whereas the 1975 Helsinki Final Act, the BIDEN, Senator MCCAIN and Senator by the ‘‘Ted Stevens Olympic and Amateur 1990 Charter of Paris, and the 1999 Charter STEVENS in introducing legislation to Sports Act’’ (36 U.S.C. 220501 et seq.). for European Security adopted in Istanbul authorize continued Federal funding (2) AMATEUR ATHLETIC COMPETITION.—The are the principle documents of OSCE, defin- for the United States Anti-Doping term ‘‘amateur athletic competition’’ means ing a steadily evolving and maturing set of

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.100 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2045 political commitments based on a broad un- number of monitors and thereby reduce the But if the BMO is not revived, my reso- derstanding of security; cost of the BMO by almost half; lution calls upon the United States and Whereas the OSCE is active in early warn- Whereas the BMO began shutting down on its European allies to seek an inter- ing, conflict prevention, crisis management, January 1, 2005; national presence to monitor objec- and post-conflict rehabilitation; Whereas the staff of the BMO is now dis- Whereas Russia and Georgia agreed at the mantling facilities and is not performing its tively crossings along Georgia’s border. 1999 OSCE Summit in Istanbul on specific mission; I am concerned that if Russia does steps regarding the withdrawal from Georgia Whereas the shutdown of the BMO will be- not fulfill its commitments to with- of Russian forces, including military equip- come irreversible in the second half of March draw troops from Georgia and Moldova, ment limited by the Treaty on Conventional 2005 and is currently scheduled to be com- and if the Border Monitoring Operation Armed Forces in Europe (CFE), and com- pleted by May 2005; in Georgia shuts down, the security sit- mitted to resolve other key issues relating Whereas the United States has reiterated uation in the region could further dete- to the status and duration of the Russian its disappointment over the failure of the riorate. The United States must pro- military presence in Georgia; Permanent Council of the OSCE to reach vide strong leadership on these issues. Whereas Russia has completed some of the consensus on renewing the mandate of the withdrawal from Georgia of military equip- I ask my colleagues to support this BMO, despite request of Georgia, the host resolution. ment limited by the CFE Treaty in excess of country of the BMO, that the OSCE continue agreed levels, but has yet to agree with the border monitoring operation, and the f Georgia on the status of Russian forces at consensus of all states but one to extend the the Gudauata base and the duration of the SENATE RESOLUTION 70—COM- mandate for the BMO; and MEMORATING THE 40TH ANNI- Russian presence at the Akhalkalaki and Whereas United States Ambassador to the Batumi bases; United States Mission to the OSCE, Stephan VERSARY OF BLOODY SUNDAY Whereas Russia completed the withdrawal M. Minikes, said in a statement to the OSCE Mr. FRIST (for himself, Mr. CORZINE, from Moldova of its declared military equip- Permanent Council in Vienna on January 19, Mr. MCCONNELL, Mr. KENNEDY, Mr. ment limited by the CFE Treaty, but has yet 2005, that ‘‘we believe that the closure of the ALLEN, Mr. REID, and Mr. ALEXANDER) to withdraw all its military forces from BMO would remove a key source of peaceful Moldova, as Russia committed to do at the submitted the following resolution; relations and of objective reporting on which was considered and agreed to: 1999 OSCE Summit in Istanbul; events at the sensitive border and increase Whereas Russia made virtually no progress the likelihood of heightened Russia-Georgia S. RES. 70 in 2004 toward its commitment to withdraw tensions.’’: Now, therefore, be it Whereas March 7, 2005, marks the 40th an- its military forces from Moldova; Resolved, That it is the sense of the Senate niversary of Bloody Sunday, the day on Whereas Moldova has called for a genu- that the United States should— which some 600 civil rights marchers were inely international peacekeeping force to re- (1) urge Russia to live up to its commit- demonstrating for African American voting place the Russian forces, and insists on the ments at the 1999 Organization for Security rights; implementation by Russia of its commit- and Cooperation in Europe (OSCE) Summit Whereas Jimmy Lee Jackson was killed ment to withdraw its remaining military in Istanbul regarding Georgia and Moldova; February 26, 1965, 2 weeks prior to Bloody forces from Moldova; (2) in cooperation with its European allies, Sunday, at a civil rights demonstration Whereas Secretary of State Colin Powell maintain strong diplomatic pressure to per- while trying to protect his mother and stated at the December 2004 OSCE Ministe- mit the OSCE Border Monitoring Operation grandfather from a law enforcement officer; rial in Sofia, Bulgaria, that ‘‘Russia’s com- (BMO) in Georgia to continue; and Whereas Congressman John Lewis and the mitments to withdraw its military forces (3) if the BMO ceases to exist, seek, in co- late Hosea Williams led these marchers from Moldova, and to agree with Georgia on operation with its European allies, an inter- across the Edmund Pettus Bridge in Selma, the duration of the Russian military pres- national presence to monitor objectively Alabama where they were attacked with ence there, remain unfulfilled. A core prin- border crossings along the border between billy clubs and tear gas by State and local ciple of the CFE Treaty is host country Georgia and the Russian republics of lawmen; agreement to the stationing of forces. The Chechnya, Dagestan, and Ingushetia. Whereas the circumstances leading to Sel- United States remains committed to moving ma’s Bloody Sunday represented a set of ahead with ratification of the Adapted CFE Mr. LUGAR. Mr. President, today I grave injustices for African Americans which Treaty, but we will only do so after all the submit a resolution expressing the included— Istanbul commitments on Georgia and United States Senate’s concern about (1) the murder of Herbert Lee of Liberty, Moldova have been met. And we stand ready Russia’s actions in Georgia and Mississippi for attending voter education to assist with reasonable costs associated Moldova. classes; with the implementation of those commit- At the Organization for Security & (2) the cutting off of Federal food relief by ments.’’; Cooperation in Europe’s (OSCE) 1999 State authorities in 2 of the poorest counties Whereas since June 2004, Russia has called in Mississippi in order to intimidate resi- for the closure of the OSCE Border Moni- conference in Istanbul, Russia signed commitments to withdraw troops from dents from registering to vote; and toring Operation (BMO), the sole source of (3) the loss of jobs or refusal of credit to objective reporting on border crossings along both Georgia and Moldova. While Rus- registered black voters at local banks and the border between Georgia and with the sia has fulfilled some aspects of those stores; Russian republics of Chechnya, Dagestan, agreements, Russian troops and mili- Whereas during the march on Bloody Sun- and Ingushetia; tary bases remain in both countries. In day Congressman Lewis was beaten uncon- Whereas OSCE border monitors took up my resolution, I urge Russia to live up scious, leaving him with a concussion and their mission in Georgia in May 2000, and countless other injuries; prior to the failure to extend the mandate to its 1999 Istanbul Commitments. The resolution also addresses con- Whereas footage of the events on Bloody for the BMO in December 2004, OSCE border Sunday was broadcast on national television monitors, who are unarmed, were deployed cerns about the OSCE’s Border Moni- toring Operation (BMO) in Georgia. that night and burned its way into the Na- at nine locations along that border; tion’s conscience; Whereas the current rotation of the BMO The BMO, which took up its mission in Whereas the courage, discipline, and sac- includes 65 border monitors from 23 coun- Georgia in 2000, is the sole source of ob- rifice of these marchers caused the Nation to tries, including Austria, Azerbaijan, Belarus, jective reporting on border crossings respond quickly and positively; and Belgium, Bulgaria, Croatia, the Czech Re- along Georgia’s border with the Rus- Whereas the citizens of the United States public, Estonia, Finland, France, Hungary, sian republics of Chechnya, Dagestan, must not only remember this historic event, Ireland, Lithuania, Macedonia, Moldova, Po- but also commemorate its role in the cre- land, Romania, Russia, Slovakia, Turkey, and Ingushetia. Since last June, Russia has called for ation of a more just society and appreciate Ukraine, the United Kingdom, and the the ways in which it has inspired other United States; the closure of the BMO in Georgia. In December, Russia blocked renewal of movements around the world: Now, there- Whereas at the December 2004 OSCE Min- fore, be it isterial, Russia blocked renewal of the man- the mandate for the BMO, stating that Resolved, That Congress commemorates the date for the BMO in Georgia; it had accomplished nothing. I am dis- 40th anniversary of Bloody Sunday. Whereas Russia has stated that the BMO appointed that the OSCE was unable to f has accomplished nothing, but it has in fact renew the BMO’s mandate. The BMO accomplished a great deal, including observ- started shutting down in January and SENATE RESOLUTION 71—DESIG- ing 746 unarmed and 61 armed border cross- NATING THE WEEK BEGINNING ings in 2004 and serving as a counterweight is expected to be fully closed by May. The future of the BMO mission is un- MARCH 13, 2005 AS ‘‘NATIONAL to inflammatory press reports; SAFE PLACE WEEK’’ Whereas in response to Russian complaints certain. The United States, in coopera- about the cost-effectiveness of the BMO, the tion with its European allies, should Mr. CRAIG (for himself, Mrs. FEIN- OSCE agreed in December 2004 to cut the work to preserve the BMO in Georgia. STEIN, Mr. DEWINE, Mr. LIEBERMAN, Mr.

VerDate jul 14 2003 04:31 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.089 S03PT1 S2046 CONGRESSIONAL RECORD — SENATE March 3, 2005 COCHRAN, Mr. JOHNSON, Mr. HATCH, Mr. FEINGOLD, and Mr. DAYTON) proposed an TITLE ll—FEDERAL MINIMUM WAGE KOHL, Ms. MURKOWSKI, Mrs. BOXER, Mr. amendment to the bill S. 256, supra. SEC. ll01. SHORT TITLE. INHOFE, Ms. LANDRIEU, Mr. FEINGOLD, SA 45. Mr. DORGAN (for himself, Mr. DUR- This Act may be cited as the ‘‘Fair Min- BIN, and Mr. BYRD) proposed an amendment Mr. INOUYE, Mrs. LINCOLN, and Ms. MI- imum Wage Act of 2005’’. to the bill S. 256, supra. SEC. ll02. MINIMUM WAGE. KULSKI) submitted the following resolu- SA 46. Mr. NELSON, of Nebraska sub- (a) IN GENERAL.—Section 6(a)(1) of the Fair tion; which was referred to the Com- mitted an amendment intended to be pro- mittee on the Judiciary: Labor Standards Act of 1938 (29 U.S.C. posed by him to the bill S. 256, supra; which 206(a)(1)) is amended to read as follows: S. RES. 71 was ordered to lie on the table. ‘‘(1) except as otherwise provided in this SA 47. Mr. SCHUMER (for himself, Mr. Whereas today’s youth are vital to the section, not less than— REID, Mr. LEAHY, and Mrs. MURRAY) sub- ‘‘(A) $5.85 an hour, beginning on the 60th preservation of our country and will be the mitted an amendment intended to be pro- future bearers of the bright torch of democ- day after the date of enactment of the Fair posed by him to the bill S. 256, supra; which Minimum Wage Act of 2005; racy; was ordered to lie on the table. Whereas youth need a safe haven from var- ‘‘(B) $6.55 an hour, beginning 12 months SA 48. Mr. SPECTER proposed an amend- after that 60th day; and ious negative influences such as child abuse, ment to the bill S. 256, supra. substance abuse and crime, and they need to ‘‘(C) $7.25 an hour, beginning 24 months SA 49. Mr. DURBIN (for himself, Mr. KEN- have resources readily available to assist after that 60th day;’’. NEDY, and Mr. DAYTON) proposed an amend- (b) EFFECTIVE DATE.—The amendment them when faced with circumstances that ment to the bill S. 256, supra. compromise their safety; made by subsection (a) shall take effect 60 SA 50. Mr. REID (for Mr. BAUCUS) proposed days after the date of enactment of this Act. Whereas the United States needs increased an amendment to the bill S. 256, supra. numbers of community volunteers acting as SEC. ll03. APPLICABILITY OF MINIMUM WAGE positive influences on the Nation’s youth; f TO THE COMMONWEALTH OF THE Whereas the Safe Place program is com- NORTHERN MARIANA ISLANDS. TEXT OF AMENDMENTS (a) IN GENERAL.—Section 6 of the Fair mitted to protecting our Nation’s most valu- Labor Standards Act of 1938 (29 U.S.C. 206) able asset, our youth, by offering short term SA 42. Mr. SCHUMER (for himself, shall apply to the Commonwealth of the ‘‘safe places’’ at neighborhood locations Mr. BINGAMAN, Mr. DURBIN, Mrs. FEIN- Northern Mariana Islands. where trained volunteers are available to STEIN, and Mrs. CLINTON) submitted an (b) TRANSITION.—Notwithstanding sub- counsel and advise youth seeking assistance amendment intended to be proposed by section (a), the minimum wage applicable to and guidance; him to the bill S. 256, to amend title 11 the Commonwealth of the Northern Mariana Whereas the Safe Place program combines Islands under section 6(a)(1) of the Fair the efforts of the private sector and non- of the United States Code, and for Labor Stnadards Act of 1938 (29 U.S.C. profit organizations uniting to reach youth other purposes; as follows: 206(a)(1)) shall be— in the early stages of crisis; On page 205, between lines 16 and 17, insert (1) $3.55 an hour, beginning on the 60th day Whereas the Safe Place program provides a the following: after the date of enactment of this Act; and direct way to assist programs in meeting SEC. 332. ASSET PROTECTION TRUSTS. (2) increased by $0.50 an hour (or such less- performance standards relative to outreach Section 548 of title 11, United States Code, er amount as may be necessary to equal the and community relations, as set forth in the as amended by this Act, is further amended minimum wage under section 6(a)(1) of such Federal Runaway and Homeless Youth Act by adding at the end the following: Act), beginning 6 months after the date of guidelines; ‘‘(e) The trustee may avoid a transfer of an enactment of this Act and every 6 months Whereas the Safe Place placard displayed interest of the debtor in property made by an thereafter until the minimum wage applica- at businesses within communities stands as individual debtor within 10 years before the ble to the Commonwealth of the Northern a beacon of safety and refuge to at-risk date of the filing of the petition to an asset Mariana Islands under this subsection is youth; protection trust if the amount of the trans- equal to the minimum wage set forth in such Whereas more than 700 communities in 41 fer or the aggregate amount of all transfers section. states and more than 14,000 locations have to the trust or to similar trusts within such established Safe Place programs; 10-year period exceeds $125,000, to the extent SA 45. Mr. DORGAN (for himself, Mr. Whereas more than 75,000 young people that debtor has a beneficial interest in the have gone to Safe Place locations to get help DURBIN, and Mr. BYRD) proposed an trust and the debtor’s beneficial interest in amendment to the bill S. 256, to amend when faced with crisis situations; the trust does not become property of the es- Whereas through the efforts of Safe Place tate by reason of section 541(c)(2). For pur- title 11 of the United States Code, and coordinators across the country each year poses of this subsection, a fund or account of for other purposes; as follows: more than one-half million students learn the kind specified in section 522(d)(12) is not Add at the end the following: that Safe Place is a resource if abusive or ne- an asset protection trust.’’. TITLE XVI—SPECIAL COMMITTEE OF SEN- glectful situations exist; ATE ON WAR AND RECONSTRUCTION Whereas increased awareness of the pro- SA 43. Mrs. CLINTON (for herself and CONTRACTING gram’s existence will encourage commu- Mr. CORZINE) submitted an amendment nities to establish Safe Places for the Na- SEC. 1601. FINDINGS. tion’s youth throughout the country: Now, intended to be proposed by her to the Congress makes the following findings: therefore, be it bill S. 256, to amend title 11 of the (1) The wars in Iraq and Afghanistan have Resolved, That the Senate— United States Code, and for other pur- exerted very large demands on the Treasury (1) proclaims the week of March 13 through poses; which was ordered to lie on the of the United States and required tremen- March 19, 2005 as ‘‘National Safe Place table; as follows: dous sacrifice by the members of the Armed Week’’ and Forces of the United States. At the appropriate place, insert the fol- (2) Congress has a constitutional responsi- (2) requests that the President issue a lowing: proclamation calling upon the people of the bility to ensure comprehensive oversight of SEC. ll. SELF-SETTLED TRUSTS. United States and interested groups to pro- the expenditure of United States Govern- mote awareness of and volunteer involve- Section 541(c)(2) of title 11, United States ment funds. ment in the Safe Place programs, and to ob- Code, is amended by striking the period at (3) Waste and corporate abuse of United serve the week with appropriate ceremonies the end and inserting the following: States Government resources are particu- and activities. ‘‘unless— larly unacceptable and reprehensible during ‘‘(A) the settler of the trust is also a trust times of war. f beneficiary; (4) The magnitude of the funds involved in AMENDMENTS SUBMITTED AND ‘‘(B) the trust is a domestic self-settled the reconstruction of Afghanistan and Iraq trust; or PROPOSED and the war on terrorism, together with the ‘‘(C) the trust is a foreign self-settled speed with which these funds have been com- SA 42. Mr. SCHUMER (for himself, Mr. trust.’’. mitted, presents a challenge to the effective BINGAMAN, Mr. DURBIN, Mrs. FEINSTEIN, and performance of the traditional oversight Mrs. CLINTON) submitted an amendment in- SA 44. Mr. KENNEDY (for himself, function of Congress and the auditing func- tended to be proposed by him to the bill S. Mrs. CLINTON, Mr. KERRY, Ms. MIKUL- tions of the executive branch. 256, to amend title 11 of the United States SKI, Mr. FEINGOLD, and Mr. DAYTON) (5) The Senate Special Committee to Inves- Code, and for other purposes. proposed an amendment to the bill S. tigate the National Defense Program, popu- SA 43. Mrs. CLINTON (for herself and Mr. 256, to amend title 11 of the United larly know as the Truman Committee, which CORZINE) submitted an amendment intended was established during World War II, offers a to be proposed by her to the bill S. 256, supra; States Code, and for other purposes; as constructive precedent for bipartisan over- which was ordered to lie on the table. follows: sight of wartime contracting that can also SA 44. Mr. KENNEDY (for himself, Mrs. At the appropriate place, insert the fol- be extended to wartime and postwar recon- CLINTON, Mr. KERRY, Ms. MIKULSKI, Mr. lowing: struction activities.

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.087 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2047 (6) The Truman Committee is credited with but shall be filled in the same manner as the place to testify or to produce documentary an extremely successful investigative effort, original appointment. or other evidence. Any failure to obey the performance of a significant public edu- (c) SERVICE.—Service of a Senator as a order of the court may be punished by the cation role, and achievement of fiscal sav- member, chairman, or ranking member of court as a contempt of that court. ings measured in the billions of dollars. the Special Committee shall not be taken (d) MEETINGS.—The Special Committee (7) The public has a right to expect that into account for the purposes of paragraph may sit and act at any time or place during taxpayer resources will be carefully dis- (4) of rule XXV of the Standing Rules of the sessions, recesses, and adjournment periods bursed and honestly spent. Senate. of the Senate. SEC. 1602. SPECIAL COMMITTEE ON WAR AND RE- (d) CHAIRMAN AND RANKING MEMBER.—The SEC. 1607. REPORTS. CONSTRUCTION CONTRACTING. chairman of the Special Committee shall be (a) INITIAL REPORT.—The Special Com- There is established a special committee of designated by the majority leader of the Sen- mittee shall submit to the Senate a report the Senate to be known as the Special Com- ate, and the ranking member of the Special on the investigation conducted pursuant to mittee on War and Reconstruction Con- Committee shall be designated by the minor- section 1603 not later than 270 days after the tracting (hereafter in this title referred to as ity leader of the Senate. appointment of the Special Committee mem- the ‘‘Special Committee’’). (e) QUORUM.— bers. SEC. 1603. PURPOSE AND DUTIES. (1) REPORTS AND RECOMMENDATIONS.—A ma- (b) UPDATED REPORT.—The Special Com- (a) PURPOSE.—The purpose of the Special jority of the members of the Special Com- mittee shall submit an updated report on Committee is to investigate the awarding mittee shall constitute a quorum for the pur- such investigation not later than 180 days and performance of contracts to conduct pose of reporting a matter or recommenda- after the submission of the report under sub- military, security, and reconstruction ac- tion to the Senate. section (a). tivities in Afghanistan and Iraq and to sup- (2) TESTIMONY.—One member of the Special (c) ADDITIONAL REPORTS.—The Special port the prosecution of the war on terrorism. Committee shall constitute a quorum for the Committee may submit any additional re- (b) DUTIES.—The Special Committee shall purpose of taking testimony. port or reports that the Special Committee examine the contracting actions described in (3) OTHER BUSINESS.—A majority of the considers appropriate. subsection (a) and report on such actions, in members of the Special Committee, or 1⁄3 of (d) FINDINGS AND RECOMMENDATIONS.—The accordance with this section, regarding— the members of the Special Committee if at reports under this section shall include find- (1) bidding, contracting, accounting, and least one member of the minority party is ings and recommendations of the Special auditing standards for Federal Government present, shall constitute a quorum for the Committee regarding the matters considered contracts; purpose of conducting any other business of under section 1603. (2) methods of contracting, including sole- the Special Committee. (e) DISPOSITION OF REPORTS.—Any report source contracts and limited competition or SEC. 1605. RULES AND PROCEDURES. made by the Special Committee when the noncompetitive contracts; (a) GOVERNANCE UNDER STANDING RULES OF Senate is not in session shall be submitted to (3) subcontracting under large, comprehen- SENATE.—Except as otherwise specifically the Clerk of the Senate. Any report made by sive contracts; provided in this resolution, the investiga- the Special Committee shall be referred to (4) oversight procedures; tion, study, and hearings conducted by the the committee or committees that have ju- (5) consequences of cost-plus and fixed Special Committee shall be governed by the risdiction over the subject matter of the re- price contracting; Standing Rules of the Senate. port. (6) allegations of wasteful and fraudulent (b) ADDITIONAL RULES AND PROCEDURES.— SEC. 1608. ADMINISTRATIVE PROVISIONS. practices; The Special Committee may adopt addi- (a) STAFF.— (7) accountability of contractors and Gov- tional rules or procedures if the chairman (1) IN GENERAL.—The Special Committee ernment officials involved in procurement and ranking member agree that such addi- may employ in accordance with paragraph and contracting; tional rules or procedures are necessary to (2) a staff composed of such clerical, inves- (8) penalties for violations of law and enable the Special Committee to conduct the tigatory, legal, technical, and other per- abuses in the awarding and performance of investigation, study, and hearings author- sonnel as the Special Committee, or the Government contracts; and ized by this resolution. Any such additional chairman or the ranking member, considers (9) lessons learned from the contracting rules and procedures— necessary or appropriate. process used in Iraq and Afghanistan and in (1) shall not be inconsistent with this reso- (2) APPOINTMENT OF STAFF.— connection with the war on terrorism with lution or the Standing Rules of the Senate; (A) IN GENERAL.—The Special Committee respect to the structure, coordination, man- and shall appoint a staff for the majority, a staff agement policies, and procedures of the Fed- (2) shall become effective upon publication for the minority, and a nondesignated staff. eral Government. in the Congressional Record. (c) INVESTIGATION OF WASTEFUL AND (B) MAJORITY STAFF.—The majority staff SEC. 1606. AUTHORITY OF SPECIAL COMMITTEE. FRAUDULENT PRACTICES.—The investigation shall be appointed, and may be removed, by by the Special Committee of allegations of (a) IN GENERAL.—The Special Committee the chairman and shall work under the gen- wasteful and fraudulent practices under sub- may exercise all of the powers and respon- eral supervision and direction of the chair- section (b)(6) shall include investigation of sibilities of a committee under rule XXVI of man. allegations regarding any contract or spend- the Standing Rules of the Senate. (C) MINORITY STAFF.—The minority staff ing entered into, supervised by, or otherwise (b) HEARINGS.—The Special Committee or, shall be appointed, and may be removed, by involving the Coalition Provisional Author- at its direction, any subcommittee or mem- the ranking member of the Special Com- ity, regardless of whether or not such con- ber of the Special Committee, may, for the mittee, and shall work under the general su- tract or spending involved appropriated purpose of carrying out this resolution— pervision and direction of such member. funds of the United States. (1) hold such hearings, sit and act at such (D) NONDESIGNATED STAFF.—Nondesignated (d) EVIDENCE CONSIDERED.—In carrying out times and places, take such testimony, re- staff shall be appointed, and may be re- its duties, the Special Committee shall as- ceive such evidence, and administer such moved, jointly by the chairman and the certain and evaluate the evidence developed oaths as the Special Committee or such sub- ranking member, and shall work under the by all relevant governmental agencies re- committee or member considers advisable; joint general supervision and direction of the garding the facts and circumstances relevant and chairman and ranking member. to contracts described in subsection (a) and (2) require, by subpoena or otherwise, the (b) COMPENSATION.— any contract or spending covered by sub- attendance and testimony of such witnesses (1) MAJORITY STAFF.—The chairman shall section (c). and the production of such books, records, fix the compensation of all personnel of the SEC. 1604. COMPOSITION OF SPECIAL COM- correspondence, memoranda, papers, docu- majority staff of the Special Committee. MITTEE. ments, tapes, and materials as the Special (2) MINORITY STAFF.—The ranking member (a) MEMBERSHIP.— Committee considers advisable. shall fix the compensation of all personnel of (1) IN GENERAL.—The Special Committee (c) ISSUANCE AND ENFORCEMENT OF SUB- the minority staff of the Special Committee. shall consist of 7 members of the Senate of POENAS.— (3) NONDESIGNATED STAFF.—The chairman whom— (1) ISSUANCE.—Subpoenas issued under sub- and ranking member shall jointly fix the (A) 4 members shall be appointed by the section (b) shall bear the signature of the compensation of all nondesignated staff of President pro tempore of the Senate, in con- Chairman of the Special Committee and the Special Committee, within the budget sultation with the majority leader of the shall be served by any person or class of per- approved for such purposes for the Special Senate; and sons designated by the Chairman for that Committee. (B) 3 members shall be appointed by the purpose. (c) REIMBURSEMENT OF EXPENSES.—The minority leader of the Senate. (2) ENFORCEMENT.—In the case of contu- Special Committee may reimburse the mem- (2) DATE.—The appointments of the mem- macy or failure to obey a subpoena issued bers of its staff for travel, subsistence, and bers of the Special Committee shall be made under subsection (a), the United States dis- other necessary expenses incurred by such not later than 90 days after the date of the trict court for the judicial district in which staff members in the performance of their enactment of this Act. the subpoenaed person resides, is served, or functions for the Special Committee. (b) VACANCIES.—Any vacancy in the Spe- may be found may issue an order requiring (d) PAYMENT OF EXPENSES.—There shall be cial Committee shall not affect its powers, such person to appear at any designated paid out of the applicable accounts of the

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.102 S03PT1 S2048 CONGRESSIONAL RECORD — SENATE March 3, 2005 Senate such sums as may be necessary for ‘‘(III) to deter that person, any other per- States to the extent necessary to offset the the expenses of the Special Committee. Such son, or a class of persons, from obtaining or decrease in governmental receipts resulting payments shall be made on vouchers signed providing lawful goods or services; or from the amendments made by subsections by the chairman of the Special Committee ‘‘(ii) damage to, or destruction of, property (b) and (c). and approved in the manner directed by the of a facility providing lawful goods or serv- Committee on Rules and Administration of ices; or SA 49. Mr. DURBIN (for himself, Mr. the Senate. Amounts made available under ‘‘(B) a violation of a court order or injunc- KENNEDY, and Mr. DAYTON) proposed an this subsection shall be expended in accord- tion that protects access to— amendment to the bill S. 256, to amend ance with regulations prescribed by the Com- ‘‘(i) a facility that provides lawful goods or title 11 of the United States Code, and mittee on Rules and Administration of the services; or for other purposes; as follows: Senate. ‘‘(ii) the provision of lawful goods or serv- On page 499, strike line 3 and all that fol- SEC. 1609. TERMINATION. ices. lows through page 500, line 2, and insert the The Special Committee shall terminate on Nothing in paragraph (20) shall be construed following: February 28, 2007. to affect any expressive conduct (including SEC. 1402. FRAUDULENT TRANSFERS AND OBLI- SEC. 1610. SENSE OF SENATE ON CERTAIN peaceful picketing or other peaceful dem- GATIONS. CLAIMS REGARDING THE COALITION onstration) protected from legal prohibition (a) FEDERAL FRAUDULENT TRANSFER PROVISIONAL AUTHORITY. by the first amendment to the Constitution AMENDMENTS.—Section 548 of title 11, United It is the sense of the Senate that any claim of the United States.’’. States Code, is amended— of fraud, waste, or abuse under the False (1) in subsection (a)(1)— Claims Act that involves any contract or SA 48. Mr. SPECTER proposed an (A) by striking ‘‘one year’’ and inserting ‘‘4 spending by the Coalition Provisional Au- amendment to the bill S. 256, to amend years’’; thority should be considered a claim against title 11 of the United States Code, and (B) in subparagraph (A), by striking ‘‘or’’ the United States Government. for other purposes; as follows: at the end; On page 194, strike line 13 and all that fol- (C) in subparagraph (B), by striking the pe- SA 46. Mr. NELSON of Nebraska sub- lows through page 195, line 22, and insert the riod at the end and inserting ‘‘; or’’; and mitted an amendment intended to be following: (D) by adding at the end the following: proposed by him to the bill S. 256, to SEC. 325. UNITED STATES TRUSTEE PROGRAM ‘‘(C) made an excess benefit transfer or in- amend title 11 of the United States FILING FEE INCREASE. curred an excess benefit obligation to an in- Code, and for other purposes; which (a) ACTIONS UNDER CHAPTER 7, 11, OR 13 OF sider, if the debtor— was ordered to lie on the table; as fol- TITLE 11, UNITED STATES CODE.—Section ‘‘(i) was insolvent on the date on which the transfer was made or the obligation was in- lows: 1930(a) of title 28, United States Code, is amended— curred; or On page 244, after line 22, add the fol- (1) by striking paragraph (1) and inserting ‘‘(ii) became insolvent as a result of the lowing: the following: transfer or obligation.’’; SEC. 448. COMPENSATION OF BANKRUPTCY ‘‘(1) For a case commenced under— (2) in subsection (b), by striking ‘‘one TRUSTEES. ‘‘(A) chapter 7 of title 11, $200; and year’’ and inserting ‘‘4 years’’; and Section 330(b)(2) of title 11, United States ‘‘(B) chapter 13 of title 11, $150.’’; and (3) in subsection (d)(2)— Code, is amended— (2) in paragraph (3), by striking ‘‘$800’’ and (A) in subparagraph (C), by striking ‘‘and’’ (1) by striking ‘‘$15’’ the first place it ap- inserting ‘‘$1000’’. at the end; pears and inserting ‘‘$55’’; and (b) UNITED STATES TRUSTEE SYSTEM (B) in subparagraph (D), by striking the pe- (2) by striking ‘‘rendered.’’ and all that fol- FUND.—Section 589a(b) of title 28, United riod at the end and inserting ‘‘; and’’; and lows through ‘‘$15’’ and inserting ‘‘rendered, States Code, is amended— (C) by adding at the end the following: which’’. (1) by striking paragraph (1) and inserting ‘‘(E) the terms ‘excess benefit transfer’ and the following: ‘excess benefit obligation’ mean— SA 47. Mr. SCHUMER (for himself, ‘‘(1)(A) 40.63 percent of the fees collected ‘‘(i) a transfer or obligation, as applicable, Mr. REID, Mr. LEAHY, and Mrs. MUR- under section 1930(a)(1)(A) of this title; and to an insider, general partner, or other affili- RAY) submitted an amendment in- ‘‘(B) 70.00 percent of the fees collected ated person of the debtor in an amount that tended to be proposed by him to the under section 1930(a)(1)(B);’’; is not less than 10 times the amount of the bill S. 256, to amend title 11 of the (2) in paragraph (2), by striking ‘‘one-half’’ mean transfer or obligation of a similar kind given to nonmanagement employees during United States Code, and for other pur- and inserting ‘‘75 percent’’; and (3) in paragraph (4), by striking ‘‘one-half’’ the calendar year in which the transfer is poses; which was ordered to lie on the and inserting ‘‘100 percent’’. made or the obligation is incurred; or table; as follows: (c) COLLECTION AND DEPOSIT OF MISCELLA- ‘‘(ii) if no such similar transfers were made On page 205, between lines 16 and 17, insert NEOUS BANKRUPTCY FEES.—Section 406(b) of to, or obligations incurred for the benefit of, the following: the Judiciary Appropriations Act, 1990 (28 such nonmanagement employees during such SEC. 332. NONDISCHARGEABILITY OF DEBTS IN- U.S.C. 1931 note) is amended by striking calendar year, a transfer or obligation that CURRED THROUGH VIOLATIONS OF ‘‘pursuant to 28 U.S.C. section 1930(b)’’ and is in an amount that is not less than 25 per- LAWS RELATING TO THE PROVISION all that follows through ‘‘28 U.S.C. section cent more than the amount of any similar OF LAWFUL GOODS AND SERVICES. 1931’’ and inserting ‘‘under section 1930(b) of transfer or obligation made to or incurred Section 523(a) of title 11, United States title 28, United States Code, 31.25 of the fees for the benefit of such insider, partner, or Code, as amended by this Act, is further collected under section 1930(a)(1)(A) of that other affiliated person of the debtor during amended— title, 30.00 percent of the fees collected under the calendar year before the year in which (1) in paragraph (18), by striking ‘‘or’’ at section 1930(a)(1)(B) of that title, and 25 per- such transfer is made or obligation is in- the end; cent of the fees collected under section curred.’’. (2) in paragraph (19), by striking the period 1930(a)(3) of that title shall be deposited as (b) FAIR TREATMENT OF EMPLOYEE BENE- at the end and inserting ‘‘; or’’; and offsetting receipts to the fund established FITS.— (3) by inserting after paragraph (19) the fol- under section 1931 of that title’’. (1) DEFINITION OF CLAIM.—Section 101(5) of lowing: (d) SUNSET DATE.—The amendments made title 11, United States Code, is amended— ‘‘(20) that results from any judgment, by subsections (b) and (c) shall be effective (A) in subparagraph (A), by striking ‘‘or’’ order, consent order, or decree entered in during the 2-year period beginning on the at the end; any Federal or State court, or contained in date of enactment of this Act. (B) in subparagraph (B), by inserting ‘‘or’’ any settlement agreement entered into by (e) USE OF INCREASED RECEIPTS.— after the semicolon; and the debtor, including any court ordered dam- (1) JUDGES’ SALARIES AND BENEFITS.—The (C) by adding at the end the following: ages, fine, penalty, citation, or attorney fee amount of fees collected under paragraphs (1) ‘‘(C) right or interest in equity securities or cost owed by the debtor, arising from— and (3) of section 1930(a) of title 28, United of the debtor, or an affiliate of the debtor, ‘‘(A) an action alleging the violation of any States Code, during the 5-year period begin- held in a pension plan (within the meaning of Federal, State, or local statute, including ning on the date of enactment of this Act, section 3(2) of the Employee Retirement In- but not limited to a violation of section 247 that is greater than the amount that would come Security Act of 1974 (29 U.S.C. 1002(2))), or 248 of title 18, that results from the debt- have been collected if the amendments made including an employee stock ownership plan, or’s— by subsection (a) had not taken effect shall for the benefit of an individual who is not an ‘‘(i) harassment of, intimidation of, inter- be used, to the extent necessary, to pay the insider, officer, or director of the debtor, if ference with, obstruction of, injury to, salaries and benefits of the judges appointed such securities were attributable to— threat to, or violence against, any person— pursuant to section 1223 of this Act. ‘‘(i) employer contributions by the debtor ‘‘(I) because that person provides, or has (2) REMAINDER.—Any amount described in or an affiliate of the debtor other than elec- provided, lawful goods or services; paragraph (1), which is not used for the pur- tive deferrals (within the meaning of section ‘‘(II) because that person is, or has been, pose described in paragraph (1), shall be de- 402(g) of the Internal Revenue Code of 1986), obtaining lawful goods or services; or posited into the Treasury of the United and any earnings thereon; and

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.102 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2049 ‘‘(ii) elective deferrals (and any earnings ‘‘(IV) the responsible party was aware of ‘‘(iv) Notwithstanding any other provision thereon) that are required to be invested in accumulating asbestos pollution in Libby, of law, any payment received by the United such securities under the terms of the plan Montana, but failed to take any corrective States for recovery of costs associated with or at the direction of a person other than the action for decades, and once corrective ac- the actions to address asbestos contamina- individual or any beneficiary, except that tion was taken, it was inadequate to protect tion in Libby, Montana, as authorized by the this subparagraph shall not apply to any workers and residents and asbestos-contami- Comprehensive Environmental Response, such securities during any period during nated vermiculite dust continued to be re- Compensation, and Liability Act of 1980 (42 which the individual or any beneficiary has leased into the air in and around Libby, U.S.C. 9601 et seq.), shall be deposited into the right to direct the plan to divest such se- Montana, until the early 1990s when the the Trust Fund. curities and to reinvest an equivalent vermiculite mining and milling process was ‘‘(v) An individual shall be eligible for amount in other investment options of the finally halted; medical benefit payments, from the Trust plan;’’. ‘‘(V) current and former residents of Libby, Fund if the individual— (2) PRIORITIES.—Section 507(a) of title 11, Montana, and former vermiculite mine ‘‘(I) has an asbestos related disease or ill- United States Code, is amended— workers from the Libby mine suffer from as- ness; (A) by redesignating paragraphs (8) and (9) bestos related diseases at a rate 40 to 60 ‘‘(II) has an eligible medical expense; and as paragraphs (9) and (10), respectively; times the national average, and they suffer ‘‘(III)(aa) was a worker at the vermiculite (B) by redesignating paragraphs (6) and (7), from the rare and deadly asbestos-caused mining and milling facility in Libby, Mon- as redesignated by section 212, as paragraphs cancer, mesothelioma, at a rate 100 times the tana; or (7) and (8), respectively; national average; ‘‘(bb) lived, worked, or played in Libby, (C) in paragraph (7), as so redesignated, by ‘‘(VI) the State of Montana and the town of Montana for at least 6 consecutive months striking ‘‘Sixth’’ and inserting ‘‘Seventh’’; Libby, Montana, face an immediate and se- before December 31, 2004.’’; and (D) in paragraph (8), as so redesignated, by vere health care crisis because— (2) by adding at the end the following: striking ‘‘Seventh’’ and inserting ‘‘Eighth’’; ‘‘(aa) many sick current and former resi- f (E) in paragraph (9), as so redesignated, by dents and workers who have been diagnosed striking ‘‘Eighth’’ and inserting ‘‘Ninth’’; with asbestos-related exposure or disease NOTICES OF HEARINGS/MEETINGS (F) in paragraph (10), as so redesignated, by cannot access private health insurance; SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS striking ‘‘Ninth’’ and inserting ‘‘Tenth’’; and ‘‘(bb) the costs to the community and (G) by striking paragraph (5), as redesig- Mr. CRAIG. Mr. President, I would State government related to providing like to announce for the information of nated by section 212, and inserting the fol- health coverage for uninsured sick residents lowing: and former mine workers are creating sig- the Senate and the public that S. 476, ‘‘(5) Fifth, allowed unsecured claims for nificant pressures on the State’s medicaid to authorize the Boy Scouts of America contributions to an employee benefit plan— program and threaten the viability of other to exchange certain land in the State ‘‘(A) arising from services rendered before community businesses; of Utah acquired under the Recreation the date of the filing of the petition or the ‘‘(cc) asbestos-related disease can have a and Public Purposes Act; and S. 485, to date of the cessation of the debtor’s business, long latency period; and reauthorize and amend the National whichever occurs first; but only ‘‘(dd) the only significant responsible party ‘‘(B) for each such plan, to the extent of— Geologic Mapping Act of 1992, have available to compensate sick residents and been added to the agenda for the hear- ‘‘(i) the number of employees covered by workers has filed for bankruptcy protection; each such plan multiplied by $15,000; less and ing previously scheduled before the ‘‘(ii) the aggregate amount paid to such ‘‘(VII) the responsible party should recog- Subcommittee on Public Lands and employees under paragraph (4), plus the ag- nize that it has a responsibility to work in Forests, on Tuesday, March 8, at 10 gregate amount paid by the estate on behalf partnership with the State of Montana, the a.m. in room SD–366 of the Dirksen of such employees to any other employee town of Libby, Montana, and appropriate Senate Office Building. benefit plan. health care organizations to address esca- f ‘‘(6) Sixth, allowed claims with respect to lating health care costs caused by decades of rights or interests in equity securities of the asbestos pollution in Libby, Montana. AUTHORITY FOR COMMITTEES TO debtor, or an affiliate of the debtor, that are ‘‘(ii) In this subparagraph— MEET held in a pension plan (within the meaning of ‘‘(I) the term ‘asbestos related disease or COMMITTEE ON ARMED SERVICES section 3(2) of the Employee Retirement In- illness’ means a malignant or non-malignant come Security Act of 1974 (29 U.S.C. 1002(2)) respiratory disease or illness related to Mr. CHAMBLISS. Mr. President, I and section 101(5)(C) of this title), without tremolite asbestos exposure; ask unanimous consent that the Com- regard to when services were rendered, and ‘‘(II) the term ‘eligible medical expense’ mittee on Armed Services be author- measured by the market value of the stock means an expense related to services for the ized to meet during the session of the at the time the stock was contributed to, or diagnosis or treatment of an asbestos-related Senate on March 3, 2005, at 9:30 a.m., in purchased by, the plan.’’. disease or illness, including expenses in- open session to receive testimony on curred for hospitalization, prescription the Defense Authorization Request for SA 50. Mr. REID (for Mr. BAUCUS) drugs, outpatient services, home oxygen, res- proposed an amendment to the bill S. piratory therapy, nursing visits, or diag- fiscal year 2006 and the Future Years 256, to amend title 11 of the United nostic evaluations; Defense Program. States Code, and for other purposes; as ‘‘(III) the term ‘responsible party’ means a The PRESIDING OFFICER. Without follows: corporation— objection, it is so ordered. ‘‘(aa) that has engaged in mining COMMITTEE ON ENERGY AND NATURAL On page 47, strike lines 12 through 14, and vermiculite that was contaminated by RESOURCES insert the following: tremolite asbestos; Mr. CHAMBLISS. Mr. President, I SEC. 202. EFFECT OF DISCHARGE. ‘‘(bb) whose officers or directors have been Section 524 of title 11, United States Code, indicted for knowingly releasing into the ask unanimous consent that the Com- is amended— ambient air a hazardous air pollutant, name- mittee on Energy and Natural Re- (1) in subsection (g)(1), by adding at the ly asbestos, and knowingly endangering the sources be authorized to meet during end the following: residents of Libby, Montana and the sur- the session of the Senate on Wednes- ‘‘(C)(i) Congress finds that— rounding communities; and day, March 3, at 10 a.m., to receive tes- ‘‘(I) the vermiculite ore mined and milled ‘‘(cc) for which the Department of Justice timony on the President’s proposed in Libby, Montana, was contaminated by has intervened in a bankruptcy proceeding; budget for fiscal year 2006 for the De- high levels of asbestos, particularly and partment of Energy. tremolite asbestos; ‘‘(IV) the term ‘Trust Fund’ means the The PRESIDING OFFICER. Without ‘‘(II) the vermiculite mining and milling health care trust fund established pursuant processes released thousands of pounds of as- to clause (iii). objection, it is so ordered. bestos-contaminated dust into the air ‘‘(iii) A court may not enter an order con- COMMITTEE ON ENVIRONMENT AND PUBLIC around Libby, Montana, every day, exposing firming a plan of reorganization under chap- WORKS mine workers and Libby residents to high ter 11 involving a responsible party or issue Mr. CHAMBLISS. Mr. President, I levels of asbestos over a prolonged period of an injunction in connection with such order ask unanimous consent that the Com- time; unless the responsible party— mittee on Environment and Public ‘‘(III) the responsible party has known for ‘‘(I) has established a health care trust Works be authorized to meet on Thurs- over 50 years that there are severe health fund for the benefit of individuals suffering risks associated with prolonged exposure to from an asbestos related disease or illness; day, March 3, 2005, at 3 p.m., to conduct asbestos, including higher incidences of as- and a hearing regarding S. 131, Clear Skies bestos related disease such as asbestosis, ‘‘(II) has deposited not less than $250,000,000 Act of 2005. lung cancer, and mesothelioma; into the Trust Fund. The hearing will be held in SD 406.

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.104 S03PT1 S2050 CONGRESSIONAL RECORD — SENATE March 3, 2005 The PRESIDING OFFICER. Without There being no objection, the Senate Mr. FRIST. Mr. President, tomorrow objection, it is so ordered. proceeded to consider the resolution. the Senate will continue consideration COMMITTEE ON FOREIGN RELATIONS Mr. FRIST. Mr. President, I ask of the bankruptcy bill. Mr. CHAMBLISS. Mr. President, I unanimous consent that the resolution We have had a very, very productive ask unanimous consent that the Com- be agreed to, the preamble agreed to, week considering a number of amend- mittee on Foreign Relations be author- and the motion to reconsider be laid ments and had a number of rollcall ized to meet during the session of the upon the table. votes. In addition, we have reached an Senate on Thursday, March 3, 2005, at The PRESIDING OFFICER. Without agreement, which I will be commenting 9:30 a.m., to hold a business meeting. objection, it is so ordered. on shortly with the unanimous consent The PRESIDING OFFICER. Without The resolution (S. Res. 70) was agreed request, that will allow us to vote on objection, it is so ordered. to. both the Kennedy and Santorum min- COMMITTEE ON HEALTH, EDUCATION, LABOR, The preamble was agreed to. imum wage amendments Monday after- AND PENSIONS The resolution, with its preamble, noon. Those two votes will occur at Mr. CHAMBLISS. Mr. President, I reads as follows: 5:30, and Senators should plan to be ask unanimous consent that the Com- S. RES. 70 here for those important votes. mittee on Health, Education, Labor, Whereas March 7, 2005, marks the 40th an- We will be in session tomorrow, as I and Pensions be authorized to hold a niversary of Bloody Sunday, the day on mentioned. There will be no rollcall hearing during the session of the Sen- which some 600 civil rights marchers were votes during tomorrow’s session. Sen- ate on Thursday, March 3, 2005 at 10 demonstrating for African American voting ators who wish to speak on the bill are rights; encouraged to come to the floor tomor- a.m. in SD–106. Whereas Jimmy Lee Jackson was killed The PRESIDING OFFICER. Without February 26, 1965, 2 weeks prior to Bloody row morning. objection, it is so ordered. Sunday, at a civil rights demonstration Mr. REID. Mr. President, we have COMMITTEE ON THE JUDICIARY while trying to protect his mother and had relatively short days because of Mr. CHAMBLISS. Mr. President, I grandfather from a law enforcement officer; some things which happened in the ask unanimous consent that the Com- Whereas Congressman John Lewis and the evening. We have done pretty well this mittee the Judiciary be authorized to late Hosea Williams led these marchers week. I think we have close to 15 across the Edmund Pettus Bridge in Selma, amendments total. The bankruptcy de- meet to conduct a hearing on Thurs- Alabama where they were attacked with day, March 3, 2005 at 2 p.m. on ‘‘Judi- billy clubs and tear gas by State and local bate was interrupted as a result of leg- cial Nominations.’’ The hearing will lawmen; islation that Senator Nickles and I pro- take place in the Dirksen Senate Office Whereas the circumstances leading to Sel- duced some time ago to take a look at Building Room 226. ma’s Bloody Sunday represented a set of regulations promulgated by the gov- Panel I: Senators. grave injustices for African Americans which ernment only be used three times but Panel II: Terrence W. Boyle, of North included— was used in the mad cow situation. Carolina, to be United States Circuit (1) the murder of Herbert Lee of Liberty, That took up a big chunk of time Mississippi for attending voter education today. Judge for the Fourth Circuit. classes; Panel III: James C. Dever III, of (2) the cutting off of Federal food relief by I think we have done quite well. North Carolina, to be United States State authorities in 2 of the poorest counties There are a number of Senators coming District Judge for the Eastern District in Mississippi in order to intimidate resi- here tomorrow to offer amendments on of North Carolina; and Robert J. dents from registering to vote; and bankruptcy. Conrad, Jr., of North Carolina, to be (3) the loss of jobs or refusal of credit to It is the contemplation, after having United States District Judge for the registered black voters at local banks and conferred with the Republican leader, Western District of North Carolina. stores; that we are going to try to resolve a Whereas during the march on Bloody Sun- The PRESIDING OFFICER. Without day Congressman Lewis was beaten uncon- time to finish the clinic violence objection, it is so ordered. scious, leaving him with a concussion and amendment. We are trying to do that SELECT COMMITTEE ON INTELLIGENCE countless other injuries; early next week. I certainly hope we Mr. CHAMBLISS. Mr. President, I Whereas footage of the events on Bloody can do that as early as we can. ask unanimous consent that the Select Sunday was broadcast on national television This week we have really been legis- Committee on Intelligence be author- that night and burned its way into the Na- lators. It has been very nice. tion’s conscience; Mr. FRIST. Mr. President, I concur ized to meet during the session of the Whereas the courage, discipline, and sac- Senate on March 3, 2005 at 2:30 p.m. to rifice of these marchers caused the Nation to with the Democratic leader. It has been hold a closed hearing. respond quickly and positively; and a productive week, and we are gov- The PRESIDING OFFICER. Without Whereas the citizens of the United States erning with meaningful solutions, and objection, it is so ordered. must not only remember this historic event, we look forward to completing this bill SPECIAL COMMITTEE ON AGING but also commemorate its role in the cre- next week. ation of a more just society and appreciate Mr. President, I ask unanimous con- Mr. CHAMBLISS. Mr. President, I the ways in which it has inspired other ask unanimous consent that the Spe- sent, in addition to the Kennedy movements around the world: Now, there- amendment regarding minimum wage, cial Committee on Aging be authorized fore, be it to meet today, Thursday, March 3, 2005 Resolved, That Congress commemorates the that it be in order for Senator at 2:30 p.m.–5 p.m. in Dirksen 628 for 40th anniversary of Bloody Sunday. SANTORUM to offer a first-degree the purpose of conducting a hearing. f amendment related to the minimum The PRESIDING OFFICER. Without wage issue; provided further that on ORDERS FOR FRIDAY, MARCH 4, objection, it is so ordered. Monday, March 7, there be 3 hours of 2005 debate equally divided between Sen- f Mr. FRIST. Mr. President, I ask ators Santorum and Kennedy, or their THE 40TH ANNIVERSARY OF unanimous consent that when the Sen- designees; provided further that at 5:30 BLOODY SUNDAY ate completes its business today, the on Monday the Senate proceed to a Mr. FRIST. Mr. President, I ask Senate adjourn until 9:30 a.m. on Fri- vote on the Kennedy amendment to be unanimous consent that the Senate day, March 4. I further ask unanimous followed by a vote on the Santorum now proceed to the consideration of S. consent following the prayer and amendment with no amendments in Res. 70, which was submitted earlier pledge the morning hour be deemed ex- order to either amendment, and no fur- today. pired, the Journal of proceedings be ap- ther intervening action or debate. The PRESIDING OFFICER. The proved to date, the time for the two I further ask unanimous consent that clerk will report the resolution by leaders be reserved, and the Senate if either amendment does not receive 60 title. then resume consideration of S. 256, votes in the affirmative, then Senate The legislative clerk read as follows: the Bankruptcy Reform Act. action on the amendment be vitiated A resolution (S. Res. 70) commemorating The PRESIDING OFFICER. Without and the amendment be immediately the 40th anniversary of Bloody Sunday. objection, it is so ordered. withdrawn.

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.105 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — SENATE S2051 The PRESIDING OFFICER. Is there ADJOURNMENT UNTIL 9:30 A.M. the Senate stand in adjournment under objection? Without objection, it is so TOMORROW the previous order. ordered. Mr. FRIST. Mr. President, if there is There being no objection, the Senate, no further business to come before the at 7:15 p.m., adjourned until Friday, Senate, I ask unanimous consent that March 4, 2005, at 9:30 a.m.

VerDate jul 14 2003 03:09 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.079 S03PT1 March 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E347 EXTENSIONS OF REMARKS

TRIBUTE TO VIRGINIA R. SAUN- ies, the Congressional Serial Set joins the 2003. Campos is the Case Management Di- DERS’ 60 YEARS OF FEDERAL CONGRESSIONAL RECORD in offering students rector at the Webb County Juvenile Depart- SERVICE and historians a rich insight into the American ment. She has worked with children and system of government. Virginia Saunders young adults for nearly 25 years. HON. STENY H. HOYER makes all that possible. Campos says her main reason for running In late 1989, Ms. Saunders recognized the for the U.I.S.D. Board of Trustees is to ensure OF MARYLAND importance of the depository library program in safety in our schools. ‘‘As a member of the IN THE HOUSE OF REPRESENTATIVES informing the Nation, and drew upon her then- law enforcement community specializing in ju- Thursday, March 3, 2005 43 years of GPO experience to submit an em- venile law, I deal on a daily basis with the Mr. HOYER. Mr. Speaker, I rise in tribute to ployee suggestion regarding the appendix to troubled youth of our community, many of Virginia Saunders, Program Operations and the Iran-Contra Report to Congress. She sug- whom come from U.I.S.D. It is time to seri- Evaluation Specialist for Congressional Docu- gested that this 40-volume publication, which ously address violence in our schools,’’ says ments, in the Office of Congressional Pub- was printed as both a Senate and House re- Campos. lishing Services at the Government Printing port, be bound only once for the serial set vol- Campos says she hopes to ensure that all Office, as she approaches her 60th anniver- umes of House and Senate reports that are students receive the best quality education to sary of dedicated Federal service, May 26, sent to depository libraries. She further sug- prepare them for the future. She says this can 2005. gested that the Schedule of Volumes, a listing only happen when schools are fully staffed Mr. Speaker, this is becoming a habit: Ten of the bound volumes, contain a notation ex- with well-qualified and motivated teachers, ‘‘I years ago, on the occasion of Ms. Saunders’ plaining the missing serial number volumes. am working to see that teachers and staff 50th anniversary of Federal service, I rose to The implementation of this suggestion resulted have the facilities, supplies, and administrative recognize Ms. Saunders’ achievements, and I in a reduction of 13,740 book volumes to be support necessary to do their job.’’ expect to do so again ten years from now. bound, saving the Federal Government over Campos says she will use her numerous Born Virginia R. Frisbie in Darlington, Mary- $600,000. In recognition of these efforts, she years of juvenile justice expertise to ‘‘promote land, on October 11, 1926, Ms. Saunders received GPO’s top monetary Suggestion an environment that is free of drugs, violence, spent her entire career in service to her fellow Award for that year. In ceremonies held on and gang activity in our schools.’’ She adds, ‘‘I Americans. After working briefly at the Federal January 9, 1991, Ms. Saunders received a do not want today’s youth to become my cli- Bureau of Investigation, she came to the Gov- Presidential letter of commendation under the ents tomorrow.’’ ernment Printing Office on February 4, 1946, Quality and Management Improvement Award In 1982, Campos was named Detention Of- as a war service junior clerk-typist in the divi- Program. In his letter to Ms. Saunders, Presi- ficer of the Year and in 1990, the Webb Coun- sion of public documents, stock section. Two dent George H.W. Bush noted, ‘‘You have ty Juvenile Board honored her with a resolu- years later, she was promoted to the division demonstrated to an exceptional degree my be- tion for introducing the first ‘‘Operation Kick-It’’ of public documents reference section. In Feb- lief that Federal employees have the knowl- program to schools in United and Laredo Inde- ruary 1951, Ms. Saunders was promoted to in- edge, ability, and desire to make a difference.’’ pendent School Districts. dexing clerk and earned subsequent pro- As one with the privilege of representing tens Pat Campos is a member of the Texas motions in the same classification. In July of thousands of Marylanders in Federal serv- Gang Investigators Association, Texas Proba- 1958, she was promoted to library technician. ice, I know this to be true. tion Association, Juvenile Justice Association Becoming a congressional documents spe- In tribute to her work on the Congressional of Texas, Texas Corrections Association, Na- cialist in April 1970, she was then promoted to Serial Set, in 1999 Ms. Saunders received the tional Association of Female Executives, and supervisor of the congressional documents James Bennett Childs Award from the Govern- the American Association of University section in July 1974. In October 1983, Ms. ment Documents Roundtable of the American Women, Community Action Agency Board, Saunders assumed the position of congres- Library Association. The ALA honored Ms. National Association of Latino Elected Offi- sional documents specialist in the congres- Saunders’ ‘‘distinguished contribution to docu- cials, and Webb County Appraisal District sional printing management division, customer ments librarianship,’’ and paid ‘‘grateful rec- Board of Directors, one of two representatives services, and in September 2004 she was pro- ognition’’ of a lifetime of exceptional achieve- from U.I.S.D. Campos also serves on the moted to her current position. ments in this important field of endeavor. school district’s Student Expulsion Appeals As I pointed out ten years ago, although I know my colleagues and Ms. Saunders’ Committee and is chairperson of the U.I.S.D. one may not yet recognize the name of this family, friends, and co-workers join me in con- Instructional Committee. outstanding GPO employee, the end product gratulating her on 60 years of exemplary Fed- Her community service activities include of her dedicated efforts is certainly familiar. eral service. See you in 10 years, Virginia! serving as a member of the U.I.S.D. Blue Rib- Ms. Saunders has primary responsibility for f bon Committee, a member of the U.I.S.D. the Congressional Serial Set, which is a com- Communications Advisory Committee, a mem- RECOGNIZING THE ACHIEVEMENTS pilation of all the House and Senate docu- ber of the Laredo Safe School Coalition and a OF UNITED INDEPENDENT ments and reports issued for each session of member of the Laredo Job Corps Advisory SCHOOL DISTRICT BOARD MEM- Congress. Dummy volumes establishing the Board. BER PAT CAMPOS format for each edition are prepared and as- In years past, Campos has served as a signed a serial number following each session Daisy Girl Scout Leader, Brownie Girl Scout of Congress. The actual books are produced HON. HENRY CUELLAR Assistant Leader, and Youth Minister. She has by GPO’s binding division, often as many as OF TEXAS also performed missionary work in Mexico and 100 volumes per set for each session of Con- IN THE HOUSE OF REPRESENTATIVES has served as a Board Member of the Dio- gress. As a chronicle of work of the Congress cese of Laredo Catholic Social Services. Thursday, March 3, 2005 over the years, the Congressional Serial Set is Campos has a Bachelor of Science degree rivaled only by the CONGRESSIONAL RECORD. Mr. CUELLAR. Mr. Speaker, I rise today to in Criminal Justice from Laredo State Univer- While the Serial Set records behind-the- honor the important achievements of United sity and a Paralegal Certificate from Texas A scenes legislative activities for the United Independent School District Board Member & M International University. States, the CONGRESSIONAL RECORD reflects Pat Campos in Laredo, TX in my Congres- Mr. Speaker, I am proud to have this oppor- the ‘‘in-session’’ proceedings. Distributed to sional District. tunity to recognize contributions of United the House and Senate libraries, the Archives, Pat Campos was elected to the United Independent School District Board Member the Library of Congress, and depository librar- I.S.D. Board of Trustees, District 3 seat in May Pat Campos.

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

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.001 E03PT1 E348 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2005 NATIONAL PEACE CORPS WEEK Chester County, Pennsylvania and merging Hungary was among the first countries to them into one, unified school. In an effort to support Coalition efforts in Iraq, including the HON. MELISSA L. BEAN involve the community in the creation of the training of Free Iraqi Forces (FIF) in Tasza´r, OF ILLINOIS new school, the school board decided to hold Hungary in Fall 2002 and the deployment of a IN THE HOUSE OF REPRESENTATIVES a local competition to name the school. In the transportation battalion of 300 troops to Iraq. end, a ninth grade student suggested the Thursday, March 3, 2005 More recently, the Hungarian Government name ‘‘Conestoga’’ because the Old Con- has decided to send 165 troops to the NATO Ms. BEAN. Mr. Speaker, I rise today, during estoga Road passes through each of the six Training and Implementation Mission in Iraq National Peace Corps Week, in recognition of communities served by the school. Conestoga and donate 77 T72 tanks to the Iraqi army. the Peace Corps on the 44th anniversary of its became its name to symbolize the connection These actions represent the broader goal of founding and of the thousands of volunteers of these communities. the Hungarian Government to support Amer- who have done invaluable humanitarian serv- Construction on the school continued ican efforts in Iraq. I urge all my colleagues to ice in countries throughout the world. throughout the summer and into the next year. read this excellent and informative letter writ- The 7,700 volunteers in the field today have On September 9, 1955, the Conestoga High ten from Ambassador Simonyi. left their families and friends in the United School opened with a student enrollment of Mr. Speaker, I also want to pay tribute to States to serve as teachers, business advi- 549 and a faculty of 35. As the school contin- my dear friend Andra´s Simonyi. He has been sors, information technology consultants, ued to grow and flourish, along came the need an outstanding representative of Hungary in health and HIV/AIDS educators, and youth for additional space to accommodate the stu- the United States and has personally made an and agriculture workers. dents. In 1959, just four years after the origi- important contribution to the relations between Leaving your comfort zone behind and nal school was completed, 19 rooms were our two countries. plunging into work in another country and an- added to the building. After the completion of other culture is a great challenge. I would like the new wing, student enrollment was at an Mr. Speaker, I ask unanimous consent that to take this time to congratulate the current all-time high of 1036. the letter of Ambassador Simonyi be placed in Peace Corps Volunteers from the Eighth Con- During the next forty years, Conestoga High the RECORD, and I urge my colleagues to read gressional District of Illinois. Shayne Bell, School would undergo many changes. In it. THE AMBASSADOR OF HUNGARY, Heather Breneisen, Brehan Doud, Nina 1967, 20 additional rooms were added to the main building and, in 1981, the school’s library Washington, March 1, 2005. Elisseou, Joshua Friedman, Ryan Giordano, Hon. TOM LANTOS, Stacy Greco, Kelly Henshaw, Peter Hicks, was enlarged and named for Karl Zettelmoyer in recognition of his years as principal from Rayburn House Office Building, Lucie Howe, Kate McCracken, James Norris, Washington, DC. Stephenie Park, Kevin Rieder, Diane Sears, 1957 to 1971. Conestoga continued this tradi- tion of recognizing those who had served the DEAR CONGRESSMAN LANTOS: As I am sure John Sears, Debra Stanislawski and Scott Wil- that you might be interested, allow me sum- school when a new gymnasium was con- helm are serving in seventeen countries in Af- marize for you to the extent possible Hun- structed and named for Principal John C. rica, Asia, Europe and South America. gary’s contribution to the Iraqi stabilization These eighteen of my constituents have Rittenmeyer. process so far. As you well know, Hungary Just recently, Conestoga has added four- joined the Peace Corps in support of three was among the first to support Coalition ef- teen general all-purpose classrooms and ten forts in Iraq, including by training the Free goals. The first two goals are to help provide new science labs. The cafeteria was enlarged Iraqi Forces (FIP) in Tasza´ r, Hungary in Fall interested countries with trained men and and modernized to meet the needs of the stu- 2002 and by deploying a 300-strong transpor- women and to promote a better understanding dent body and the entire music area was tation battalion to Iraq who served in Al- of Americans by people of other countries. In reconfigured to house the growing interest in Hillah. Recently the Hungarian Government a time when the United States is taking an decided to send 165 troops to the NATO the Conestoga High School choir. In the family ever greater role in the international commu- Training and Implementation Mission in and consumer sciences lab, the kitchens were nity, Peace Corps Volunteers present the best Iraq. Hungary donated 77 T72 tanks to the completely renovated and reconfigured and a of what America can offer to the rest of the Iraqi Army. 14 high ranking officers are in new welcoming and spacious main lobby was Iraq to train Iraqi officers in command and world. built. control. When their time in the Peace Corps is com- Mr. Speaker, I ask that my colleagues join In March 2004 the Hungarian Government plete, I look forward to those volunteers’ return me today in honoring Conestoga High School. sent an aid supply of medical equipment to to the United States and Illinois’ Eighth district Throughout the past 50 years, the school has Basra, total value of appx. 300,000.00 USD. to begin work on what could be the Peace provided an invaluable exemplary educational Donation of 80 cardio-equipment to the Corps’ most important goal: to promote a bet- service to its students and has contributed Iraqi Ministry of Health in March 2004 for a ter understanding of other people and cultures greatly to the community. Conestoga High total value of 1,000,000.00 USD and a training by Americans. School should be commended for its excep- program for experts in 2005. Mr. Speaker, I ask my colleagues to join tional record of positive development of the In October 2004 training of 20 experts in with me today to acknowledge the thousands moral, physical, and emotional well-being of drink-water purification, waste-water and waste management. of Americans who serve and have served as the young men and women who have at- Peace Corps Volunteers. They are a great tended the school over the past 50 years. Training program for the Iraqi Police for credit to our country, and we should applaud 2004–2005 for a value of 500,000.00 USD. them. f Training program for 25 Iraqi diplomats f HUNGARIAN CONTRIBUTIONS TO starting from March 2005 at Corvinus Univer- COALITION EFFORTS IN IRAQ sity. HONORING CONESTOGA HIGH Training program for Iraqi conductors SCHOOL ON ITS 75TH ANNIVER- starting from the first quarter of 2005 to SARY HON. TOM LANTOS form experts in the well-known Hungarian OF CALIFORNIA method to help the development of handi- HON. JIM GERLACH IN THE HOUSE OF REPRESENTATIVES capped children. Thursday, March 3, 2005 Training program for 20 civil servants in OF PENNSYLVANIA Hungary for a period of 10 days in the field of IN THE HOUSE OF REPRESENTATIVES Mr. LANTOS. Mr. Speaker, I rise today to share with my colleagues an excellent letter privatization, small business promotion, and banking system in the first quarter of 2005. Thursday, March 3, 2005 that I recently received from his Excellency ´ 50 day training program in Hungary for 20 Mr. GERLACH. Mr. Speaker, I rise today to Andras Simonyi, Ambassador of Hungary to Iraqi experts in the field of fresh-water fish- honor Conestoga High School of Berwyn, the United States, which provides specific de- breeding. Pennsylvania on the occasion of its 50th Anni- tail of his country’s support of Operation Iraqi Four-week training program for 10 Iraqi versary. Freedom. Hungary has been particularly sup- veterinaries in Hungary starting in the first On March 5, 1954, a groundbreaking cere- portive of U.S. military efforts in Iraq in imple- semester of 2005. mony was held for a new senior high school menting training programs for Iraqis and do- Water management training for 10 Iraqi ex- in the Paoli Area High School System. This nating millions of dollars in necessary sup- pert starting from the first semester of 2005. event was significant because the new and plies. Such efforts have furthered U.S. objec- Financial aid for the Iraqi elections. modern high school would be accommodating tives in Iraq, and contributed to efforts to bring Sincerely yours, students from six different communities in peace and stability to the region. ANDRA´ S SIMONYI.

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K03MR8.001 E03PT1 March 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E349 CONGRATULATIONS TO CORY cious law that will adversely affect Taiwan and been placed in high schools and their respec- ZEBIAN FOR BEING SELECTED the Pacific region. It will upset peace and sta- tive feeder campuses. Licensed Chemical De- AS CHIEF PETTY OFFICER OF bility in the Taiwan Strait and bring economic pendency Counselors have been hired to fight THE UNITED STATES NAVAL SEA ruin to the whole area. drug use by students. Zero tolerance policies CADET CORPS Mr. Speaker, I join my colleagues in voicing and the establishment of k–9 patrols help my strong opposition to China’s proposed keep schools drug free. HON. KENNY MARCHANT ‘‘anti-secession’’ law. In addition, one-third of the UISD school bus OF TEXAS f fleet has been replaced with new school IN THE HOUSE OF REPRESENTATIVES busses. Two-thirds of the school bus fleet has HONORING THE CONTRIBUTIONS been retrofitted with air conditioning. The sec- Thursday, March 3, 2005 OF UNITED INDEPENDENT ond phase of construction has been started at Mr. MARCHANT. Mr. Speaker, I would like SCHOOL DISTRICT BOARD MEM- L.B. Johnson High School. There will be addi- to take this opportunity to recognize Cadet BER RICARDO MOLINA tions to Alexander and United South High Cory Zebian, a Colleyville, Texas, resident, for Schools. A replacement building for United his appointment to Chief Petty Officer of the HON. HENRY CUELLAR High School will be built and a new middle United States Naval Sea Cadet Corps. This OF TEXAS school will be constructed to relieve over- honor follows years of work and dedication to IN THE HOUSE OF REPRESENTATIVES crowding at Los Obispos Middle School. this youth program, including the completion of Thursday, March 3, 2005 Mr. Speaker, I am proud to have this oppor- regulation U.S. Navy courses, from Basic Mili- tunity to recognize United Independent School tary Regulations through Chief Petty Officer. Mr. CUELLAR. Mr. Speaker, I rise today to District Board Member Ricardo Molina. CPO Zebian has shown superior qualities of honor the important contributions of United f leadership, patriotism, and expertise that have Independent School District Board Member Ri- allowed him to achieve this accomplishment, cardo Molina in Laredo, TX, in my Congres- INTRODUCTION OF THE ADVANCE DEMOCRACY ACT OF 2005 which is awarded to less than 1⁄2 of 1% of the sional District. approximately 10,000 Naval Sea Cadets. I Ricardo Molina is a Laredo native and Par- congratulate CPO Zebian on his significant liamentarian of the United I.S.D. Board of HON. TOM LANTOS feat. Trustees. He believes serving on the Board in- OF CALIFORNIA volves keeping in mind the interests of the f IN THE HOUSE OF REPRESENTATIVES people in the community. ‘‘You have to look CHINA’S ANTISECESSION LAW out for the taxpayers, students, and the people Thursday, March 3, 2005 you serve.’’ Molina’s district is composed of Mr. LANTOS. Mr. Speaker, earlier today, my HON. SCOTT GARRETT the communities of Rio Bravo and El Cenizo. good friend and co-chairman of the Congres- OF NEW JERSEY Molina identifies with students of modest sional Human Rights Caucus, FRANK WOLF, IN THE HOUSE OF REPRESENTATIVES means who struggle for success. In his young- introduced the Advance Democratic Values, er days, Molina was a member of his high Address Nondemocratic Countries, and En- Thursday, March 3, 2005 school’s chapter of the Distributive Education hance (ADVANCE) Democracy Act of 2005. I Mr. GARRETT of New Jersey. Mr. Speaker, Club of America. ‘‘I know what hard work is. am delighted to be the principal Democratic it is expected that the People’s Republic of To succeed you have to make the best of your cosponsor of this bill. This landmark legisla- China will enact its ‘‘anti-secession’’ law this situation.’’ Throughout his life Molina has tion, which we have been working on for more March. Aimed at eventual reunification with worked in a variety of jobs. He has labored in than a year, was developed in response to Taiwan, this law will give China a legal basis oil fields, machine shops, and as a field hand ideas that have emerged from outside the to invade Taiwan. Clearly, this is a highly pro- picking cotton. Molina is the Director of the government, especially the thoughts and vocative law and will change the status quo in Rio Bravo and El Cenizo Community Centers. writings of Mark Palmer, who was the U.S. the Taiwan Strait. As a Trustee, Molina helped initiate the dis- Ambassador to Hungary from 1986 to 1989 With the enactment of this law China claims trict’s dropout recovery program. The program during that country’s amazingly swift transition jurisdiction over Taiwan and threatens to use allows students who have left school to pursue from totalitarianism to freedom. force against Taiwan if Taiwan is found not a General Equivalency Diploma. Molina also Mr. Speaker, Hungary, where I was born, actively working toward eventual unification knows the importance of providing educational faced the twin scourges of fascism and com- with China. China will be Taiwan’s sole arbi- opportunities for adults. He worked for the es- munism in the 20th century. Somehow I sur- trator of any dispute between the two. tablishment of GED and adult education pro- vived both of these soul-killing political sys- Mr. Speaker, by enacting this law, China is grams in his community. tems and came to the United States, which also challenging the letter and spirit of the Tai- Molina says he joined the Board because was then a beacon of hope for those of us liv- wan Relations Act, which says that ‘‘any effort he wanted to do something for the community. ing in the darkness of Stalinist-controlled Cen- to determine the future of Taiwan by other ‘‘We on the Board are like a family. We look tral Europe. than peaceful means’’ is ‘‘of grave concern to out for the best opportunities for kids.’’ Molina As a Member of Congress in the intervening the United States.’’ Indeed, any unilateral ef- says United ISD has seen numerous changes years, and as founding co-chair of the Con- fort by the PRC to determine the future of Tai- in the last few years. ‘‘We’ve seen better cur- gressional Human Rights Caucus, I have dedi- wan challenges America’s will to defend the riculum, an improvement in our bilingual edu- cated myself to the cause of human rights, Taiwan Relations Act. We must let the Chi- cation program, and lower dropout and teen working to eliminate the threats posed by the nese know that our commitment to the Taiwan pregnancy rates.’’ Molina says the schools in vestiges of fascism and the encroachment of Relations Act is total and unwavering. We will his area are good facilities that are well built. totalitarianism in this world. It has been my not allow China to change the status quo in ‘‘We’ve been able to add new wings and cafe- privilege to help promote democracy around the Taiwan Strait. terias to our many schools.’’ He adds, ‘‘UISD the globe—a tradition started by President Wil- By imposing its form of government on the is doing a great job of educating our children.’’ son at the beginning of the last century and 23 million people of Taiwan, China tramples He is particularly proud of the many accom- enshrined as a central tenet of U.S. foreign on the Taiwanese people’s human rights and plishments made by the schools in the south, policy since the Carter administration. democratic ideals. Once again, we must not especially all the great things happening at In the last few years, we have seen all too allow this to happen. In the Taiwan Relations United South Magnet School. Molina says, ‘‘I clearly how the lack of democracy can create Act we read, the ‘‘preservation and enhance- will continue to work for the children and tax- safe havens for nihilistic forces that do not ment of the human rights of all the people on payers of United ISD. Nothing is too good for value human life, and this lack of democracy Taiwan are . . . reaffirmed as objectives of the kids. I wish I could do more.’’ can help extremism flourish. the United States.’’ We must let China know Molina, working with other board members, But recently we also have been given fresh that we take human rights and democratic has been able to implement many positive reason for optimism. Who would have pre- ideals seriously. changes for the benefit of children, parents, dicted in the summer of 2004 that the rule of It is vitally important that the Bush adminis- and taxpayers. These changes include in- law would prevail in Ukraine and an ‘‘Orange tration, the U.S. Congress and the inter- creased security at elementary campuses and Revolution’’ would force the creeping influence national community voice opposition to Chi- fighting the increase of gang involvement at of authoritarianism to retreat to the East? And na’s proposed ‘‘anti-secession’’ law. It is a vi- schools. Gang Intervention Facilitators have just last month, who would have predicted that

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.005 E03PT1 E350 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2005 Syria would begin to lose its grip so quickly on materials related to the promotion of democ- To enhance his busy career, Warren also the people of Lebanon? racy and human rights. serves on various committees. He is a mem- We must do more to show that the United Let me be clear—there are many fine mem- ber of the Transportation Research Board States is on the side of those who want bers of the Foreign Service at the Department Committee, Local and Regional Rail Freight peaceful change toward democracy and fun- of State and many dedicated civil servants Transport; Transportation Research Board damental freedoms, and we must devise new that are relentless on issues of promoting de- Committee, Intercity Rail Passenger Systems; ways to work with our friends around the mocracy and protecting human rights, but we National Research Council Committee, As- globe to fan the embers of freedom. can do better. We hope that this legislation will sessment of Federal High-Speed Ground That is what our new bill seeks to do. We change the Department’s culture into one that Transportation R & D; and the Board of Direc- are starting by proposing reforms to the State focuses on freedom, not feel good relation- tors for the California State Railroad Museum Department and other parts of the U.S. Gov- ships, and will give a framework and direction Foundation. ernment so that promoting democracy is a to our diplomats as they pursue the promotion In conjunction with being an active member fundamental and central component of our for- of democracy around the world. of several Transportation Research Board eign policy. This legislation: Mr. Speaker, in 1956, Hungary was in the committees, Warren has received the Declares that it is the policy of the United midst of a national uprising. The Hungarian AASHTO’s President’s Modal Award for Rail States to promote freedom and democracy as people had a real hope of freedom from the Transportation and a special recognition a fundamental component of U.S. foreign pol- yoke of Soviet-installed communism. Then the award from the American Short Line Railroad icy, to see an end to dictatorial and other non- West stood by while the Soviet Union invaded Association. He also received the finalist democratic forms of government, and to and extinguished the sparks of revolution in award for State Employee of the Year from strengthen alliances with other democratic one aggressive wave. the California Film Commission. countries to better promote and defend shared In 1989, we did not make that mistake. The Ever the busy character, Warren has au- values and ideals. United States and our democratic friends and thored several papers on multi-modal trans- Establishes in statute the Under Secretary allies stood with the Hungarian people and portation improvements for intercity corridors. for Global Affairs with a strong mandate to helped them and others confront their com- His time and dedication to the development promote democracy and fundamental free- munist masters and achieve freedom. and implementation of rail programs are to be doms; expands the duties of the Assistant The central question of today is whether we lauded. Warren has truly been an instrumental Secretary for Democracy, Human Rights and will stand with the reformers, as we did in player in the transportation sector, and while Labor to specifically include democracy pro- 1989, or stand by as the oppressors take ac- his retirement will be celebrated, he will also motion; and enhances the Human Rights and tion against them. This legislation will help en- be missed by his many colleagues. sure that we make the right choice and stand Democracy Fund controlled by that Bureau. f Establishes a new Office of Democracy with the reformers. Movements and Transitions and separate Re- Make no mistake, the achievement of uni- PEACE CORPS CELEBRATES 44TH gional Democracy Hubs to be points of con- versal democracy is not an easy task, and we ANNIVERSARY tact for democracy movements and to promote have no illusions about that. But as the only democratic transitions and democratic consoli- remaining superpower and the beacon of hope HON. MARCY KAPTUR for so many people around the globe even dation, and creates a Democracy Promotion OF OHIO now, the United States must find a way to pro- Advisory Board to provide outside expertise to IN THE HOUSE OF REPRESENTATIVES the Department of State on democracy pro- mote democracy in this complex world. It in Thursday, March 3, 2005 motion and to conduct a study on the effi- our own interest, it is consistent with our prin- ciency and effectiveness of current U.S. de- ciples and our history, and it is the right thing Ms. KAPTUR. Mr. Speaker, on March 1st, mocracy assistance. to do. the Peace Corps celebrated its 44th anniver- Requires the Secretary of State to prepare f sary. It is especially fitting in these troubled an annual report on democracy that will in- ‘‘RAILROAD MAN’’ RETIRES times that we recognize the quiet dedication of clude a specific action plan, developed in con- the men and women of the Peace Corps. sultation with local organizations, individuals Since the inception of the Peace Corps in and movements, to promote and achieve tran- HON. JIM COSTA 1961, more than 178,000 Peace Corps volun- OF CALIFORNIA sition to democracy in non-democratic coun- teers have served in 138 countries, promoting IN THE HOUSE OF REPRESENTATIVES tries. the Peace Corps’ mission of world peace and Provides for U.S. embassies to be ‘‘islands Thursday, March 3, 2005 friendship. Today, the program remains phe- of freedom’’ and encourages U.S. ambas- Mr. COSTA. Mr. Speaker, I rise today to nomenally successful. The Peace Corps has sadors to promote democracy in non-demo- honor and wish well in retirement Warren 7,700 volunteers currently in the field, the cratic countries, including by meeting with rep- Weber of Sacramtnto, California. Mr. Weber highest number in 29 years; 5 of those hard resentatives of democracy movements and served with the California Department of working volunteers hail from our 9th District of speaking out on democracy and human rights Transportation for over forty years, and eight Ohio. in such countries, particularly at universities. as the Chief of Caltrans Division of Rail. The Peace Corps is a cross section of our Provides training for State Department per- Warren graduated from California State Uni- population; recent college graduates work next sonnel on democracy promotion and links pro- versity, Los Angeles, and pursued his Master’s to retired citizens. Individuals of all races and motion and performance awards to effective Degree in Public Administration at California ethnicities devote their time and dedication, advocacy and promotion of democracy, par- State University, Sacramento. He began his giving of themselves to help people who are ticularly in non-democratic countries. career in the Urban Planning Department, at less fortunate. Establishes a Congressional Democracy the Division of Highways. He moved through The Peace Corps operates in 72 countries. Award for U.S. government officials who have the ranks at the California Department of Just recently Peace Corps volunteers volun- made an extraordinary effort to promote de- Transportation and served as a Supervising teered in Mexico for the first time, and another mocracy. Transportation System Analyst, Chief of Rail 20 countries have expressed interest in work- Provides for increased efforts to work with Planning and Corridor Studies, Assistant Di- ing with the Peace Corps. Peace Corps volun- other democratic countries to promote democ- rector of Legislative and local government af- teers serve as teachers, business advisors, in- racy including bilaterally, with the UN and re- fairs, and finally Chief of the Division of Rail. formation technology consultants, health and lated organizations, the Community of Democ- Throughout the years Warren was respon- HIV/AIDS educators and youth and agriculture racies, and the new Democracy Transition sible for various activities. Before he became workers. These volunteers serve as ambas- Center being established by European coun- chief of Caltrans Rail, he served for over five sadors to the world, promoting international ties in Hungary. years as Caltrans’ Assistant Director for Legis- understanding. Requires translation of the annual report on lative and Local Government Affairs where he During National Peace Corps Week we democracy, the country reports on human was responsible for development of Caltrans’ honor all the volunteers past and present who rights practices, the Annual Report on Inter- State legislative program. As the chief of the have brought help and hope to people in national Religious Freedom, and the annual California Department of Transportation’s Divi- need. Peace Corps volunteers serve from Trafficking in Persons Report, and requires the sion of Rail he is responsible for the program Belize to Ghana, Armenia, Mongolia, East creation of a democracy and human rights management, administration, and marketing of Timor and beyond. We honor their service and Internet web site collecting these and other State-supported Amtrak service in California. compassion. I especially would like to thank

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.008 E03PT1 March 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E351 the volunteers from the 9th District: Gwenna Susan Narvaiz has been very involved in Until then, enemy combatant law will continue Corvez, Michael Heydt, Lenore Johnsen, Beth- the advancement of the workforce in San to be written in a piecemeal fashion through a any Tebbe and Sarah Wilson, who are serving Marcos starting with her first major accom- series of conflicting lower court decisions. in Uzbekistan, Dominican Republic, Ukraine, plishment to the community through her busi- I believe that the federal government must Togo, and Moldova. You bring honor to all of ness Core Strategies, Inc. which provides em- have the authority to detain terrorists as us. ployment and training to the people along ‘‘enemy combatants’’ to protect the public, f Interstate 35. In 2000 she launched a similar gather intelligence and safeguard national se- business Sedona Staffing Industrial Develop- curity. But we must also ensure that the ac- CELEBRATING NATIONAL PEACE ment Center which offers free-of-charge train- cused are afforded the due-process rights CORPS WEEK FEBRUARY 28 TO ing to citizens so they can find work. Both of guaranteed under the Constitution. I am par- MARCH 6, 2004 these services helped a countless number of ticularly concerned with the detention of U.S. people receive the necessary training to suc- citizens and lawful residents. HON. JUANITA MILLENDER-McDONALD cessfully compete in the modern work force. In the last Congress, I introduced the Deten- OF CALIFORNIA Mayor Narvaiz’s presence extends for be- tion of Enemy Combatants Act to authorize IN THE HOUSE OF REPRESENTATIVES yond the employment issues she has tackled; the government to detain suspected members she is also an active participant in such orga- or associates of al Qaeda, but requiring that Thursday, March 3, 2005 U.S. citizen detainees be granted access to nizations as the American Cancer Society and Ms. MILLENDER-MCDONALD. Mr. Speaker, legal counsel and due-process hearings. The United Way of Hays County. It is also not out the Peace Corps is celebrating its 44th anni- bill called for standards to be set for such de- of the ordinary to find her supporting the San versary on March 1st, and its work has never tentions that distinguish these cases from Marcos High School Basketball and Baseball been more relevant than it is today. Since its other Americans held for trial on criminal inception in 1961, over 178,000 Peace Corps Boosters Club at a high school function. charges. There is one role that San Marcos Mayor volunteers have served in 138 countries to While we must grant broad latitude to our Susan Narvaiz plays in the community that promote the Peace Corps’ mission of world armed forces when it comes to protecting na- trumps everything; she is married to Mr. Mike peace and friendship. tional security, American citizens should not There are over 7,700 volunteers now serv- Narvaiz and the mother to six beautiful chil- be held indefinitely upon the sole determina- ing in 72 countries around the world—this is dren. For all the ways she serves San Marcos, tion of one branch of government without ac- the highest number of volunteers in the field in I would like to thank Mayor Narvaiz for com- cess to counsel or proper judicial review of 29 years. Our Peace Corps volunteers work mitting her time and energy to the better of those determinations. as teachers, business advisors, information San Marcos. These same concerns have even been technology consultants, health, youth and agri- f echoed by Michael Chertoff, the newly-con- firmed Secretary of the Department of Home- culture workers. With the spread of HIV/AIDS INTRODUCTION OF THE DETEN- ravaging many countries, more than 3,100 vol- land Security and former head of the Criminal TION OF ENEMY COMBATANTS Division at the Department of Justice, who has unteers are working directly or indirectly on ACT HIV/AIDS prevention and education activities suggested that policymakers now ‘‘may need throughout the world. In short, Peace Corps to think more systematically and universally volunteers provide valuable knowledge and HON. ADAM B. SCHIFF about the issue of combatants’’ and to ‘‘debate life-changing skills to people all over the world OF CALIFORNIA a long-term and sustainable architecture for in all aspects of daily living, altering countless IN THE HOUSE OF REPRESENTATIVES the process of determining when, why, and for how long someone may be detained as an lives in a positive way. Thursday, March 3, 2005 enemy combatant, and what judicial review We are a generous nation and pride our- Mr. SCHIFF. Mr. Speaker, today I am re- selves in giving, not only monetarily, but of should be available.’’ introducing the Detention of Enemy Combat- In addition, Viet Dinh, former head of the ourselves. As a nation, we recognize the im- ants Act. This legislation authorizes the detain- Justice Department’s Office of Legal Policy portance of humanitarian service, and host ment of ‘‘enemy combatants’’ in the war on has called ‘‘unsustainable’’ the government’s countries are eager for our volunteers be- terrorism while guaranteeing that they are current insistence on detentions without mean- cause we give with sincerity of cause and granted timely access to legal counsel and ju- ingful oversight or any sort of due process. commitment to service. Our volunteers spread dicial review. I am currently examining ways to heed this goodwill and embody America’s strength and Earlier this week, a federal judge in South invitation for congressional action and hope to pride. Carolina ruled that the Administration lacks introduce a piece of legislation in the near fu- During National Peace Corps Week, I would statutory and constitutional authority to indefi- ture that establishes specific standards and like to salute and honor our men and women nitely imprison without criminal charges a U.S. procedures under which terrorism suspects who serve abroad as Peace Corps volunteers. citizen designated as an ‘‘enemy combatant.’’ may be detained as enemy combatants and I would especially like to mention my constitu- Last month, another federal judge ruled that provided due process. ents who are currently serving in countries holding individuals indefinitely as ‘‘enemy com- In the interim, I am reintroducing this piece ranging from Albania to Swaziland: Anna batants’’ unconstitutionally violates their right of legislation in the hope that Congress and Gutierrez, Nicole M. Hendrix, Meldy Her- to due process and that some foreign terror the Administration will finally work together to nandez, Cliff Okada, Erica Smith and suspects held in Guantanamo Bay can chal- create a workable framework to deal with Samrong So. lenge their confinement in U.S. courts. That these matters of significant constitutional im- Thank you for your service. And thanks to ruling came some eight months after the U.S. port. In addition, I have renewed my call for the Peace Corps for continuing to encourage Supreme Court held in Hamdi that while the congressional hearings to examine proposals and inspire Americans to give so willingly of President has the authority to detain ‘‘enemy for congressional action in this area. After the themselves. combatants’’ captured in the battlefield, detain- shameful internment of Japanese Americans f ees are entitled to lawyers and the chance to during World War II, we must be vigilant to RECOGNIZING THE CONTRIBU- challenge their imprisonment. protect against the government’s decision to TIONS OF SAN MARCOS MAYOR The Court, however, left a host of unan- detain, perhaps indefinitely, any American SUSAN NARVAIZ swered questions that Congress should seek without adequate review of the basis of its de- to resolve. Justice Scalia, in his dissent, called cision. HON. HENRY CUELLAR on Congress to act, noting: ‘‘I frankly do not f OF TEXAS know whether these tools are sufficient to TRIBUTE TO YOLANDA GARCIA IN THE HOUSE OF REPRESENTATIVES meet the Government’s security needs, includ- ing the need to obtain intelligence through in- ´ Thursday, March 3, 2005 terrogation. It is far beyond my competence, HON. JOSE E. SERRANO OF NEW YORK Mr. CUELLAR. Mr. Speaker, I want to rec- or the Court’s competence, to determine that. IN THE HOUSE OF REPRESENTATIVES ognize all the efforts the San Marcos Mayor But it is not beyond Congress’s.’’ Susan Narvaiz has made to her community. The Supreme Court also side-stepped the Thursday, March 3, 2005 Since she moved to San Marcos in 1995 she case of Jose Padilla and will likely be forced Mr. SERRANO. Mr. Speaker, it is with deep has worked for the strengthening of the com- to speak again on these issues should a vacu- sympathy that I rise today to give a final fare- munity in a countless number of ways. um still exist due to congressional inaction. well to an outstanding woman and a dear

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.012 E03PT1 E352 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2005 friend. Ms. Yolanda Garcia passed away on colleagues join me in paying tribute to my south of Aspen known as the ‘‘Wildwood’’ par- February 17, 2005 at the age of 53. She was friend. cel, which the county will reconvey to private an inspiring person who gave so much of her- f ownership after reserving a permanent public self for the benefit of others. Words can’t ex- easement for a trail; 5.92 acres in 12 scat- plain how much she will be missed by all who HONORING THE UCSB GAUCHO tered locations on Smuggler Mountain that knew her. MEN’S SOCCER TEAM abut or are near lands now owned by the This daughter of the Bronx accomplished so county; a 40-acre tract of BLM land along the much in her lifetime that it would be impos- HON. LOIS CAPPS Crystal River, which will be subject to a per- sible for me to sum it all up here today, how- OF CALIFORNIA manent conservation easement limiting future ever; I would like to take a moment to high- IN THE HOUSE OF REPRESENTATIVES use to recreational, fish and wildlife, and open light the great contributions she made to the Thursday, March 3, 2005 space purposes. people of my community. Mrs. CAPPS. Mr. Speaker, today I rise to The bill requires standard appraisals of all Yolanda was a co-founder of ‘‘We Stay/Nos pay tribute to the UCSB Men’s soccer team, properties involved. If the lands going to the Quedamos’’ Committee, Inc., a community following a spectacular 2004 season where county are worth less than what the county is based organization located in the South they placed 2nd in the NCAA. giving to the federal government, the county Bronx. ‘‘Nos Quedamos’’ was founded as a re- The Gaucho Men’s soccer team finished will waive additional payment. On the other sponse to New York City’s Melrose Commons their remarkable season with a 21–3–1 record. hand, if the lands provided by the county are Urban Renewal plan which would have dis- In addition, four players were honored on the worth less than those the county is to receive, placed some 6,000 people from their resi- 2004 NCAA Men’s Soccer College Cup All- the county will either pay cash to equalize or dences and businesses. In order to save not Tournament Team. Their season, as well as will convey an additional tract (160 acres in only her own home and business but those of their performance in the NCAA Championship the Sellers’ Meadow area near Hagerman her neighbors as well, Yolanda organized ten- match, gives all UCSB students, faculty and Pass) to make up the difference. ants, homeowners, property owners, local Alumni something to be very proud of. During The bill is fair, balanced, and not controver- non-profits, and business people to deliver the the final home matches, community members sial. A similar measure (S. 100) has been in- message ‘‘We Stay/Nos Quedamos’’. The and students alike flocked to UCSB to support troduced by Colorado’s senior Senator, WAYNE group won the right to become equal partners the Gaucho men. The talent of this team has ALLARD, with the cosponsorship of Senator with the city of New York in planning for the certainly brought UCSB to the forefront of KEN SALAZAR. community’s redevelopment. Through ‘‘Nos Men’s soccer, proving again that UCSB should For the information of our colleagues, here Quedamos’’, Yolanda coordinated a collabo- be known not only for its academics and phys- is a summary of the legislation and a list of rative, community-based planning process re- ical beauty, but also for its many outstanding groups that have expressed their support for sulting in the creation of a more environ- athletic programs. its enactment. mentally friendly plan that created new afford- Mr. Speaker, raw talent and the ability to SUMMARY OF PROPOSED PITKIN COUNTY (RYAN able housing without displacing people from beat virtually any opponent are not the only at- PROPERTY) LAND EXCHANGE the community. tributes of this team, however. The Gaucho UNITED STATES GETS Yolanda, who lost a son to asthma, strug- Men are also community volunteers, setting a 35 acre Ryan Property in the White River gled mightily to ensure that other families positive example for their peers and for young- National Forest near Ashcroft and Aspen, would not have to suffer such a tragedy. She Colorado. Forest Service acquisition of prop- er players in the Santa Barbara community. became a strong leader in the South Bronx erty will complete the Ashcroft Preservation They recently participated in a fitness day at environmental movement which has blos- Project, which was initiated by the Forest Santa Barbara City College, aimed at encour- somed in recent years. Her organization joined Service in 1980 to consolidate National For- aging kids and adults alike to maintain healthy the Organization of Waterfront Neighborhoods est land ownership in and around the his- lifestyles. Many young people in the Santa toric Ashcroft Townsite. The Ryan Property to fight the expansion and proliferation of Barbara community love to play soccer and and surrounding lands are: (1) an extremely waste transfer stations in the South Bronx and being able to interact with the UCSB players popular sightseeing and recreation destina- teamed up with the South Bronx Clean Air Co- is a wonderful opportunity. As a nurse, I un- tion; (2) heavily used for nordic skiing on alition to shut down a medical waste inciner- public and private trails associated with the derstand firsthand the importance of encour- ator that had fouled the air for ten years. In Ashcroft touring center; (3) abut the popular aging our youth to get physically active. The 2000, as a tireless leader in the fight to keep Cathedral Lake Trail and Trailhead; and (4) Gaucho Men help to achieve this goal by New York City’s children safe from asthma, contain historic structures associated with mentoring young players and leading by posi- Yolanda established a multi-year partnership the World War II 10th Mountain Division. tive example. 18.2 acre Grand Turk and Pontiac patented with New York University and local nonprofits I am so proud to represent the UCSB cam- mining claims on Smuggler Mountain di- to conduct research and community education pus, and the Gaucho Men’s soccer team has rectly above Aspen. Smuggler Mountain is a about the causes of the asthma crisis. given me one more reason to boast to my col- heavily used recreational area where the No city, state or nation could exist without leagues that Santa Barbara truly is paradise. Forest Service is trying to consolidate its individuals willing to give all of themselves for ownership, where feasible. f the good of the greater population. These indi- PITKIN COUNTY GETS viduals often possess qualities that enable INTRODUCTION OF PITKIN COUNTY 5.5 acre ‘‘Wildwood’’ parcel south of Aspen, them to uplift and inspire their peers. Yolanda LAND EXCHANGE LEGISLATION which will re-conveyed by the County into Garcia was indeed one of these individuals. private ownership. Conveyance will be sub- After the loss of her son to asthma, Yolanda ject to a permanent public easement for the HON. MARK UDALL East of Aspen Trail. did not pack her bags and leave the Bronx. OF COLORADO She stayed and fought to improve the air qual- 5.92 acres in 12 scattered mining claim IN THE HOUSE OF REPRESENTATIVES remnants on Smuggler Mountain. The 12 par- ity to ensure that no other mother would have Thursday, March 3, 2005 cels (ranging from 1.5 to 0.02 acres in size) to endure the pain of losing a child. If every- abut or are near existing County owned one possessed such love in their hearts we Mr. UDALL of Colorado. Mr. Speaker, I am lands. would undoubtedly be able to enjoy heaven today introducing a bill to provide for comple- 40 acre BLM parcel (Parcel 79) along the here on earth. tion of a land exchange that involves Pitkin Crystal River near Carbondale, Colorado. As a result of Yolanda’s courage to stand County, Colorado, on one hand and two fed- Pitkin County must grant BLM a permanent up and say: ‘‘Nos Quedamos/We Stay’’, count- eral agencies—the Forest Service and BLM— conservation easement on the parcel for con- less children will breathe a little easier and on the other. tinued public access, and limiting future use to recreational, fish and wildlife and open countless residents will be able to live in af- The bill would direct a land exchange under space purposes only. Easement requirement fordable housing. Although she has passed which the county would transfer two items to will not reduce parcel’s exchange value. on, her good works will continue to benefit the Forest Service: A 35-acre tract (known as ADDITIONAL EXCHANGE PROVISIONS many generations to come. Surely, that is the the ‘‘Ryan property’’) near the ghost town of Exchange values will be deemed equal if mark of a great life. Ashcroft; and 18.2 acres (patented mining Forest Service appraiser determines approxi- Mr. Speaker, I am grateful that I had the op- claims) on Smuggler Mountain near Aspen, mate equal value. If the appraiser deter- portunity to know this selfless, kindhearted Colorado. mines value is owed by Pitkin County, the gallant woman and as she is laid to rest on In return, the Federal government would County will additionally convey to the For- this the 3rd day of March 2005 I ask that my transfer to the county 3 items: A 5.5 acre tract est Service the 160 acre Sellar Park property,

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.016 E03PT1 March 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E353 a Forest inholding currently owned and man- way Community Health Center where he HONORING DON DEMERS aged by Pitkin County as open space. served as president of the finance committee. Endorsements: As of September 7, 2004 pro- He serves as a board member for the Salva- posed the exchange has been endorsed by: HON. JIM COSTA Aspen Valley Land Trust; Aspen Historical tion Army and is a court appointed special ad- OF CALIFORNIA Society; Ashcroft Ski Touring; The Con- vocate-CASA. He has also donated time to IN THE HOUSE OF REPRESENTATIVES servation Fund; Crystal River Caucus; Cancer Patient Services, United I.S.D.’s anti- Thursday, March 3, 2005 Friends of Ashcroft; Wilderness Workshop; drug program, and the Bringing Everyone Aspen Center for Environmental Studies; Special Together organization. Gonzalez says Mr. COSTA. Mr. Speaker, I rise today to Aspen Skiing Company; Board of County one of the best ways to put his knowledge to honor the memory of Don DeMers of Fresno, Commissioners, Pitkin County; City of good use is to help others in need. ‘‘One of California. Mr. DeMers, Fresno County Trans- Aspen; Crystal Valley Environmental Pro- my goals is to continue helping people. When portation Authority Executive Director, recently tection Assn.; Roaring Fork Conservancy; lost his battle against cancer. Crystal-Maroon Caucus. I get tired, I seek guidance from the Lord.’’ Mr. Speaker, I am proud to have this oppor- Mr. DeMers had a long list of work experi- f tunity to recognize the contributions of United ence in various places. Prior to becoming Ad- HONORNG THE CONTRIBUTIONS OF Independent School District Board Member ministrator of the Fresno County Transpor- UNITED INDEPENDENT SCHOOL Francisco Gonzalez. tation Authority, Don was the Manager of DISTRICT BOARD MEMBER FRAN- Transportation Planning and Implementation in CISCO GONZALEZ f Anchorage, Alaska. He served as the Execu- tive Director of the Bi-State Planning Agency STANLEY WARREN REMEMBERED in Minnesota, and as a stockbroker for HON. HENRY CUELLAR Shearson Lehman in Minnesota. Don even OF TEXAS HON. TOM LANTOS spent time in Washington, DC, as a law clerk IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA to a U.S. Attorney. Thursday, March 3, 2005 IN THE HOUSE OF REPRESENTATIVES He was a Phi Beta Kappa graduate of Uni- versity of North Dakota. Don holds a PhD in Mr. CUELLAR. Mr. Speaker, I rise today to Thursday, March 3, 2005 honor the important contribution of United Political Science, and a Master’s in Political Independent School District Board Member Mr. LANTOS. Mr. Speaker, I rise to mourn Science/Public Administration. After his edu- Francisco Gonzalez in Laredo, TX in my Con- the loss of a tremendous community leader in cation in North Dakota, he attended George- gressional District. San Francisco, Mr. Stanley E. Warren. Stan town Law School in Washington, DC and the Francisco ‘‘Pancho’’ Gonzalez works for Warren sadly lost his battle against a brain New York Institute of Finance in New York. Webb County as the Center Director for the tumor on January 31, 2005. He led our com- Mr. DeMers is survived by his wife, Debo- Larga Vista Community Center. Besides over- munity with great distinction as the Secretary- rah; sons Robert and wife Dawn, and Tony seeing the center’s operations, a large part of Treasurer of the San Francisco Building and and wife Teena; daughters Barbarah and hus- Gonzalez’s job consists of meeting with the Construction Trades Council. band Michael Livorsi and Tressa and Crystal people in the community he serves and help- Stan Warren dedicated his professional ca- DeMers; his ‘‘pride and joys,’’ eight grand- ing them solve a variety of problems. Gon- reer to helping his fellow workers build a bet- children, Nicholas, Alexas, Brogen, Tyler, zalez regularly intervenes on behalf of families ter life for themselves, their families, and their Lauren, Destany, Kaitlyn and one on the way; having difficulties paying their utility bills, or communities. Born in Fresno, Stan moved to and his brothers Jim, Denny and Mike. buying food for their families. He is a man who the Bay Area where he attended Sequoia High Don had a zest for life and a smile and goes out of his way to help others. School and Canada College in Redwood City. sense of humor that made everybody laugh. Gonzalez says, being on the United ISD At 18, he became an apprentice with the He liked skiing, dancing, reading and biking, Board gives him the chance to help the district Roofers and Waterproofers Union, Local 40, in but most of all, golf with Deborah. All who move in a positive direction. Gonzalez likens San Francisco and worked his way up to Jour- knew and loved him will miss Don greatly. the Board to an eight member team that must neyman. Dedicating his efforts to union affairs, f work together to realize its full potential. He Stan was elected business manager for Local RECOGNIZING 150 YEARS OF SERV- also realizes that not all ideas come from the 40 in 1994. In 2000, he was elected Sec- ICE BY ST. VINCENT MERCY top. Gonzalez likes to listen to people’s con- retary-Treasurer of the San Francisco Building MEDICAL CENTER cerns and ideas. ‘‘I’m open minded to sugges- and Construction Trades Council with 30 affili- tions. I don’t mind giving credit where credit is ated union locals. HON. MARCY KAPTUR due.’’ We were all stunned when Stan was diag- OF OHIO Gonzalez, a Laredo native, earned a Bach- nosed with a life threatening brain tumor a few IN THE HOUSE OF REPRESENTATIVES elor in Business Administration degree from years ago. He fought back valiantly and we Sul Ross State University in Alpine, Texas. were encouraged by the improvement he Thursday, March 3, 2005 Despite his early business training, Gonzalez showed. Yet, in recent months the struggle Ms. KAPTUR. Mr. Speaker, I am honored to says he has always been attracted to social overcame him. recognize an historic anniversary in my district work. ‘‘I’m going on 20 years in the social Stan was a powerful advocate for labor in in Northern Ohio. St. Vincent Mercy Medical services field,’’ Gonzalez said. the Bay Area and worked in Washington as an Center celebrates 150 years of service. On He has worked for the Housing Authority of effective voice in support of worker safety, bet- Wednesday, February 23, 2005, the hospital Laredo as a Drug Elimination Program coordi- ter health care, protecting pensions and the will mark this sesquicentennial with a dedica- nator. In that position, he organized drug pre- Davis Bacon Act ensuring prevailing wages in tion and blessing of its Historic Donor Wall vention workshops and anti-drug activities for federal contracts. and Marguerite d’Youville Sanctuary. housing development residents. He has I have always been proud to represent In 1737 Marguerite d’Youville and three helped prisoners get their G.E.D.s when he working people in the Bay Area and have friends dedicated their lives to serving the worked with Laredo Junior College while sta- worked closely with organized labor. My job poor. They established a Hospital General, a tioned at the Corrections Corporation of Amer- has been made easier because I have had the hostel for the destitute. Because the hospital ica. As an employee with the Laredo-Webb privilege of representing and working with only admitted men at first, Marguerite took County Health Department, he counseled peo- dedicated citizens and leaders like Stan War- poor women into her home. In 1747, Mar- ple and referred them to agencies that could ren. guerite and her companions took over the ad- help them with their transportation and med- Many friends and neighbors recently shared ministration of the Hospital General, restored ical needs. Gonzalez has worked for the our loss at a memorial service for Stan in the buildings and provided a combination vet- Texas Department of Human Resources, and Redwood City, CA. Stan’s wife Geri, their eran’s hospital, nursing home, orphanage, the Texas Employment Commission. He has three sons, Tren, Spencer, and Gage and mental asylum, VD clinic, reformatory for pros- also spent time in the private sector, pur- Stan’s parents Troy and Maria Warren proudly titutes, and overflow ward in case of chasing materials and parts for his father’s know him as a wonderful husband, father, and epidemics. The religious order Marguerite thus auto painting business. son. I was proud to know him as a friend. I ex- established was the Grey Nuns. Their succes- He says he enjoys doing community service tend to his family and friends our deepest con- sors continue her work. work. ‘‘If it’s for a good cause, I’ll do it.’’ He dolences and ask my colleagues to join me in In 1855 four courageous and idealistic Grey was a previous board member with the Gate- this expression of sympathy. Nuns took their lead from their foundress and

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.019 E03PT1 E354 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2005 traveled from Montreal with a mission to care These statistics play out before our eyes on An example of a flaw in EPA’s current meth- for the sick and needy in Toledo, Ohio. St. CNN. Last year alone, we witnessed attacks od is underestimating highway speeds. The Vincent’s hospital was summarily established. on public transportation systems in Madrid and EPA highway cycle assumes an average The nuns’ mission was soon broadened to in- Moscow, not to mention the ongoing attacks in speed of 48 mph and a top speed of 60 mph. clude the education of health care profes- the Middle East. Many State highway speed limits are set at or sionals, patients and families. One hundred My legislation, The Public Transportation above 65 mph and government data indicates and fifty years later, St. Vincent Mercy Medical Systems Vulnerability and Reduction Act of that fuel economy can drop by 17 percent for Center still holds fast to the ideals of Sr. Mar- 2005 will provide our Nation’s transportation modern vehicles that drive at 70 mph instead guerite d’Youville in its unwavering mission to systems and workers with the training and of 55 mph. provide dignified and quality medical care to funding to help protect our homeland. This Another flaw is in the type of fuel used for those in need. legislation will provide funding for: engine certification. Fuels used for engine cer- Today, St. Vincent’s is a member of the Ongoing vulnerability assessments which tification tests are artificial. The EPA uses Mercy Health Partners system, a faith-based will build continuously on information collected, highly refined fuel, not what we consume in consortium of six hospitals in Northwest Ohio allowing for easier implementation of new our cars every day. Using these artificial fuels and Southeast Michigan. St. Vincent’s is a technologies that will assist in averting terrorist may be fine from a laboratory standpoint, but Level I certified trauma center, Life Flight air attacks on all modes of public transportation. they don’t help drivers when they overstate ambulance base, home of the Mercy Chil- Training programs for frontline transit em- actual fuel economy. dren’s Hospital and state of the art acute care ployees, ensuring that employees, who are the There’s more. The tests assume accelera- hospital. With 3,500 employees including al- eyes and ears of transportation systems, are tion and braking rates that don’t match reality. most 1,000 physicians on staff, it is one of our prepared to respond to emergency situations. They overstate trip lengths. They understate region’s primary employers. Nearly 500 volun- Development and implementation of local increased idling and stop-and-go traffic in our teers augment the staff. and regional emergency preparedness plans expanding urban areas. They keep the air- St. Vincent’s has not only taken its hospital that fully utilize a community’s transportation conditioner off, while flipping on the A/C re- mission to heart, but also its role as a commu- resources. duces gas mileage by 2.5 miles-per-gallon. nity leader. The hospital has transformed the Provides $25 million a year, $100 million We would not tolerate 30-year-old tests for near-downtown corridor on which it is located over 4 years for emergency preparedness and anything—so why do we allow it for gas mile- and maintains an influential and benevolent response training. age? Make no mistake, this is a pocketbook partnership with the neighborhood in which it I ask my colleagues to join me in working to issue for Americans who are pinched by the is situated. provide our Nation’s transportation systems high price of gasoline. The easy and common- St. Vincent Mercy Medical Center celebrates and employees the resources to protect our sense steps this bill calls for will give every fu- 150 years caring for the poor and sick by liv- communities. ture car owner the truth—the truth about how ing Christ’s teaching that ‘‘Whatever you do to I urge you to support the Public Transpor- their cars will perform, and the truth about how the least among you, that you do unto Me,’’ as tation Systems Vulnerability and Reduction Act much they’re going to spend on gasoline the recent photo of Sister Lucius in the hos- of 2005. every year. pital atrium, and the scholarship foundation in f AAA, the Nation’s largest auto club with 47 her name, attest. Onward! million members, supports this bill. So does AMERICA’S MISLEADING GAS the Union of Concerned Scientists, the Sierra f MILEAGE STICKERS Club and a host of consumer, scientific, and PUBLIC TRANSPORTATION SYS- environmental groups. TEMS VULNERABILITY AND RE- HON. NANCY L. JOHNSON This broad-based and diverse coalition be- DUCTION ACT OF 2005 OF CONNECTICUT lieves, as I do, that Americans deserve better than the results of a 30-year-old test. We rec- IN THE HOUSE OF REPRESENTATIVES HON. JUANITA MILLENDER-McDONALD ognize that buying a car is a huge investment Thursday, March 3, 2005 in most Americans’ lives, and the government OF CALIFORNIA Mrs. JOHNSON of Connecticut. Mr. Speak- should be helping consumers make smart IN THE HOUSE OF REPRESENTATIVES er, I rise today to address an issue that should choices, not misleading them. Thursday, March 3, 2005 trouble America’s consumers. Seventeen mil- And so I ask my colleagues to join with me Ms. MILLENDER-MCDONALD. Mr. Speaker, lion new cars were sold in 2004 and not one in supporting the Fuel Efficiency Truth in Ad- I rise today to introduce the Public Transpor- had accurate gas mileage rates posted on the vertising Act. Do it for the hundreds of thou- tation Systems Vulnerability and Reduction Act window stickers. sands of car owners in your districts who de- of 2005. Unbeknownst to America’s drivers, the gas serve the truth—not bogus test results. Securing our Nation’s public transportation mileage stickers on their cars are wrong, in- f system has been a top priority of mine. flating fuel economy figures by up to 300 per- INTRODUCTION OF RESOLUTION For years, governments around the world cent. Worse, the EPA has known their tests OF INQUIRY REGARDING ‘‘JEFF have recognized that public transportation is a are to blame. The tests used by the Environ- GANNON’’ major terrorist target. Until 9/11 the United mental Protection Agency (EPA) to measure States has been largely spared the kinds of fuel economy are 30 years old and are based terrorist campaigns waged against public sur- on car technology from the late 1970s and HON. JOHN CONYERS, JR. OF MICHIGAN face transportation. However, we cannot wait 1980s. IN THE HOUSE OF REPRESENTATIVES for a tragedy to happen before we address our The bogus tests results mislead consumers vulnerabilities. into thinking they are getting better mileage on Thursday, March 3, 2005 An October 2001 study released by the Mi- the road—and a better deal at the gas Mr. CONYERS. Mr. Speaker, I introduce neta Institute, Protecting Public Surface Trans- pump—than they really are. This year alone, this resolution to inquire whether the Justice portation Against Terrorism and Serious American consumers will spend about $20 bil- and Homeland Security Departments were Crime: An Executive Overview cites that be- lion more on gasoline than they expect be- abused in favoring Mr. Guckert, a fake re- tween 1920 and 2000 there have been ap- cause of the misleading gas mileage stickers. porter from a fake news organization. I had proximately 900 terrorist attacks and other sig- Talk about a pocket-book issue. hoped that the half dozen congressional and nificant criminal incidents involving public sur- Because changing these tests requires a Senate requests for information would have face transportation systems. change in the law, I am proud to introduce the been sufficient. However, to date, they have However, all but 14 of these attacks oc- ‘‘Fuel Efficiency Truth-in-Advertising Act’’ with not even merited a response from the White curred after 1970, the year that marks the be- my colleague Congressman RUSH HOLT. My House or its agencies. ginning of modern terrorism. legislation requires the EPA to update its fuel For nearly 3 years, the White House has Attacks against transportation and transpor- economy testing procedures to reflect today’s been granting Mr. Guckert, a right-wing activist tation infrastructures accounted for 42 percent ‘‘real life’’ circumstances and the use of ‘‘real with no press credentials, access to the White of all international terrorist attacks, according world’’ gasoline. If this legislation is enacted, House briefing room and presidential press to the most recent statistics provided by the when it says 35 miles-per-gallon on the stick- conferences. This appears to violate long USDOT Office of Intelligence and Security in er, drivers will get 35 miles-per-gallon on the standing practices of carefully screening con- 1998. road. tacts with the President.

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.022 E03PT1 March 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E355 This special access not only raises security ‘‘You quickly learn that you need at least The English language is the carrier of liberty concerns, but calls into question the funda- four votes to get anything done.’’ According to and freedom throughout history and the world. mental fairness of the White House press Johnson, the current United ISD school board For centuries, our common tongue, English, corps. In fact, the favoritism bestowed on this may not always agree on everything, but they has been the uniting force in this great nation, fake reporter may have violated federal law. know how to work well together. The district knocking down ethnic and religious barriers to Mr. Guckert’s efforts as a mouthpiece for the has several Exemplary and Recognized cam- make us truly one nation. Today, as we rally White House likely violated statutes banning puses, whereas before there were none. The for unity and patriotism a common means of the Administration from using appropriated district also earned praise from former comp- communication propels us toward our goal. money for propaganda purposes. troller John Sharp for saving taxpayers mil- The English Language Unity Act declares Finally, Mr. Guckert has claimed that he had lions of dollars. English the language of the United States. access to a classified Central Intelligence Mr. Speaker, I am proud to have this oppor- Like its predecessors, it does not affect the Agency document that revealed the under- tunity to recognize the dedication of United teaching and study of other languages. It does cover status of Ambassador Joseph Wilson’s Independent School District Board Member not deter the use of other languages in the wife. It’s now been over a year and a half William Johnson. home, community, church, or elsewhere. The Act includes commonsense exceptions to the since Valerie Plame was maliciously outed, f and we appear to be no closer to finding out policy, for international relations, national se- who in the Administration played with her life CHINA’S ANTI-SECESSION LAW curity, teaching of languages, and preservation for political purposes. I hope this resolution of Native Alaskan or Native American lan- guages. may shed some light on whether Mr. Guckert, HON. JOHN J. DUNCAN, JR. A common language has enabled genera- the White House’s go-to propagandist, also re- OF TENNESSEE tions of Americans to realize the dream of ceived classified information and from who. IN THE HOUSE OF REPRESENTATIVES American opportunity and freedom. Studies f Thursday, March 3, 2005 continue to prove those who know English get better jobs, earn more money and receive bet- HONORING THE CONTRIBUTIONS Mr. DUNCAN. Mr. Speaker, I was dis- ter health care than those who cannot speak OF UNITED INDEPENDENT appointed to learn that China is drafting an the language. As a result, an emphasis on SCHOOL DISTRICT BOARD MEM- anti-secession law, aimed at annexing Taiwan. English decreases reliance on the federal gov- BER WILLIAM JOHNSON The Taiwanese people are very concerned ernment. with China’s action and understandably so. The need for official English appears in our HON. HENRY CUELLAR China has long presumed that it and Taiwan newspapers every day—injuries in the work- OF TEXAS are unified. However, the reality is, since place, mistranslations at hospitals, people who 1949, they have been two nations existing IN THE HOUSE OF REPRESENTATIVES are unable to support themselves and their side by side with neither having control over families—all because they could not speak Thursday, March 3, 2005 the other. English. Mr. CUELLAR. Mr. Speaker, I rise today to The proposed law also assumes that the Recognizing a common language is neither honor the important contribution of United only outcome of cross-strait negotiation is an- racist nor exclusionary. It is a principle en- Independent School District Board Member nexation of Taiwan by China. This would deny acted by 177 countries worldwide to allow for William (Bill) Johnson of my Congressional the 23 million people of Taiwan the right to de- the transmission of ideas and customs and to District. cide their own future and would go against the allow people of multiple cultures to come to- The experience of being on a school board intentions of the Taiwan Relations Act. gether. This bill does not inhibit people from has taught Bill Johnson several things. ‘‘Every- Many believe, if enacted, the law would be speaking other languages, nor does it attempt one runs with the idea that ‘I’ can make a dif- used to justify the legal basis for the Chinese to place any limits on culture, religion or cus- ference. But if you’re only one vote out of government to punish anyone speaking or act- toms. seven it’s not going to work. Being on the ing against the reunification of Taiwan and The Unity Act gives newcomers an oppor- board has to be a team effort.’’ Johnson says China. Moreover, Chinese leaders might that tunity to succeed in the United States. It each board member brings a different view of this law permits the use of force against Tai- bonds the newcomer with his fellow Ameri- education. ‘‘A successful board can harness wan if China considers Taiwanese leaders to cans, allowing both to reach for the highest rung on the economic ladder and provide for its members and get them to pull in one direc- be engaging in separatist activities. a family. tion.’’ Clearly, China is seeking to unilaterally According to the U.S. Department of Edu- Johnson has always been interested in edu- change the status quo in the Taiwan Strait. If cation, those with limited English proficiency cation. He has taught banking and finance enacted, this law would destroy any good feel- are less likely to be employed, less likely to be courses at the Laredo Community College ings the Taiwanese people might have gained for China through increasing economic inter- employed continuously, tend to work in the and, for the last 10 years, he has taught busi- least desirable sectors and earn less than ness through Junior Achievement at United dependence. It would also make them less willing to sit down and discuss their future with those who speak English. Annual earnings by High School. ‘‘I like being around educators limited English proficient adults were approxi- and kids,’’ Johnson said. In addition, he has China. In the end, military tension in the Taiwan mately half of the earnings of the total popu- served as a little league coach since 1981. lation surveyed. ‘‘It’s a tough job, but I enjoy it.’’ Strait will rise, affecting regional peace and stability. This is not in the best interests of ei- Few doubt this reality. In a 1995 poll by the Johnson, a native of Laredo, has a wife and Luntz Research firm, more than 80 percent of ther Country. three children. He graduated from Texas A&M immigrants supported making English the offi- Mr. Speaker, we should all speak out University with a Bachelor’s degree in political cial language of the United States. They are against China’s proposed law. It is a bad law science. He is a first vice-president at Laredo joined by 86 percent of all Americans who with potentially serious consequences. National Bank. agree with English as the official language of Overall, Johnson says his experience on the f the United States. board has been positive. ‘‘It’s been a good op- ENGLISH LANGUAGE UNITY ACT Similar English legislation in the 104th Con- portunity. You have to work with a lot of dif- OF 2005 gress (H.R. 123) drew 197 bipartisan House ferent people but it has taught me a lot.’’ One cosponsors and won a bipartisan vote on Au- of the lessons Johnson has learned is that gust 1, 1996. That spirited effort, led by our being on the board takes a lot of preparation. HON. STEVE KING late colleague Bill Emerson, is unfinished busi- With the thousands of pages of memos and OF IOWA ness that we must attend to for the benefit of reports that need to be looked at, Johnson IN THE HOUSE OF REPRESENTATIVES all Americans. says the board has to make time to study. I urge my colleagues to co-sponsor The Thursday, March 3, 2005 ‘‘When I first joined the board I figured all I English Language Unity Act of 2005 in the had to do was go to about 24 meetings a Mr. KING of Iowa. Mr. Speaker, I have intro- 109th Congress so that we can ensure that all year.’’ In his first year Johnson had to attend duced legislation to make English the official Americans have the opportunity to attain the 172 meetings. language of the United States Government. American dream.

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.025 E03PT1 E356 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2005 RECOGNIZING NATIONAL KIDNEY costly because of the excess disability that it PERSONAL EXPLANATION MONTH causes and its deleterious interaction with physical health. Older primary care patients with depression visit the doctor and emer- HON. EMANUEL CLEAVER HON. MARK STEVEN KIRK gency rooms more often, use more medica- OF MISSOURI OF ILLINOIS tion, incur higher outpatient charges, and IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES stay longer at the hospital.’’ Thursday, March 3, 2005 Thursday, March 3, 2005 The 50 percent coinsurance requirement Mr. CLEAVER. Mr. Speaker, on Wednesday also is unfair to the non-elderly disabled Mr. KIRK. Mr. Speaker, as co-Chairman of Medicare population. Because many of these March 2, 2005, I was unable to cast my vote the Congressional Kidney Caucus, I would like individuals have severe mental illnesses on H.R. 27, the Job Training Improvement Act. to recognize that March is National Kidney combined with low incomes and high medical Had I been present, I would have voted ‘‘yea’’ Month. The Kidney Caucus partners with expenses, a 50 percent coinsurance obligation on rollcall 46, the Scott of Virginia amendment groups such as the National Kidney Founda- is a serious patient burden. For elderly and and ‘‘nay’’ on rollcall 48, the final passage of non-elderly Medicare beneficiaries alike, H.R. 27. I also would have voted ‘‘yea’’ on roll- tion to increase public awareness of risk fac- Medicare is a critical source of care. Your tors for chronic kidney disease and emphasize call 43, 44, 45, and 47 and ‘‘nay’’ on rollcall legislation to ensure that Medicare bene- 42. the importance of early detection. Anyone with ficiaries needing mental health care incur high blood pressure, diabetes or a family his- only the same cost-sharing obligations as re- f tory of kidney disease is at risk. quired of all other Medicare patients would HONORING THE ACHIEVEMENTS OF This March, the National Kidney Foundation end the statutory discrimination against WEBB COUNTY COMMISSIONER Medicare beneficiaries seeking treatment for is urging all those at risk to undergo a kidney JUDITH GUTIERREZ screening. Simple urine and blood tests during mental disorders. a routine doctor’s visit can show the earliest Thank you for your leadership in address- ing this important issue for the nation’s 40 signs of kidney damage. According to the Na- HON. HENRY CUELLAR million Medicare patients. OF TEXAS tional Kidney Foundation, more than 20 million Sincerely, IN THE HOUSE OF REPRESENTATIVES Americans—that’s one in nine adults—have Alliance for Children and Families. Thursday, March 3, 2005 chronic kidney disease. More than 20 million American Academy of Child and Adoles- more are at increased risk for developing the cent Psychiatry. Mr. CUELLAR. Mr. Speaker, I rise today to disease. Nearly half of all Americans with American Association for Geriatric Psy- honor the important achievements of Judith G. chronic kidney disease are unaware of their chiatry. Gutierrez in Laredo, TX in my Congressional condition. American Association of Children’s Resi- District. Early detection and intervention can halt the dential Centers. Judith G. Gutierrez (Pct.2) was elected in progression of the disease before it reaches American Association of Pastoral Coun- 1986, she held the office for two consecutive kidney failure, at which point there are no selors. terms. Re-elected in 1999 and again in 2002, other alternatives but dialysis or transplan- American Association of Practicing Psy- she will begin her fourth term of office in Janu- tation. Catching kidney disease at an early chiatrists. ary 2003. Throughout her tenure, Gutierrez stage saves patient’s lives and saves the tax- has taken a hands-on approach to colonia payer tremendous sums otherwise spent on American Group Psychotherapy Associa- issues. tion. costly dialysis and transplant procedures. Former Attorney General Dan Morales ap- American Mental Health Counselors Asso- pointed Commissioner Gutierrez to the state’s Please help me honor National Kidney Month ciation. Colonia Task Force. Former Governor Ann by urging those at risk for kidney disease to American Occupational Therapy Associa- take this threat seriously and undergo a tion. Richards selected Gutierrez to chair the Re- screening. American Psychiatric Association. gional Review Committee for scoring federally f American Psychiatric Nurses Association. funded projects such as Community Develop- American Psychoanalytic Association. ment Block Grants (CDBG) and colonia set- LETTER FROM THE MENTAL aside funds. She served in this capacity for HEALTH LIAISON GROUP American Psychological Association. American Psychotherapy Association. four years. Anxiety Disorders Association of America. Commissioner Gutierrez worked with State HON. TED STRICKLAND Association for the Advancement of Psy- legislators in 1989 to pass Senate Bill 2, which OF OHIO chology. created the first colonia legislation, imple- IN THE HOUSE OF REPRESENTATIVES Association for Ambulatory Behavioral menting rules to limit unscrupulous develop- ment. Senate Bill 2 also authorized the mech- Thursday, March 3, 2005 Healthcare. Bazelon Center for Mental Health Law. anism needed to provide funding for water and Mr. STRICKLAND. Mr. Speaker, I would like Children and Adults with Attention-Def- sewer improvements. To ensure regulatory en- to submit the following letter for the CONGRES- icit/Hyperactivity Disorder. forcement at the local level, she created the SIONAL RECORD: Clinical Social Work Federation. Webb County’s first Planning Department. DEAR REPRESENTATIVES STRICKLAND AND Clinical Social Work Guild. This department has been recognized by the MURPHY: The undersigned organizations in Depression and Bipolar Support Alliance. the Mental Health Liaison Group, rep- Texas Attorney General’s office under Gen- resenting patients, health professionals and Eating Disorders Coalition for Research, erals Morales and Cornyn as the model for family members, are pleased to support your Policy & Action. colonia regulation and enforcement. legislation, the Medicare Mental Health Co- Ensuring Solutions to Alcohol Problems. Total grant funds for projects initiated in payment Equity Act. Under your legislation, International Society of Psychiatric-Men- Webb County during Gutierrez’ term in office Medicare’s historic discriminatory 50 per- tal Health Nurses. exceeds $100 million. Since 1992, Commis- cent coinsurance for outpatient mental NAADAC, The Association for Addiction sioner Gutierrez has secured more than $25 health care would be reduced over six years Professionals. million in colonia improvement funds for her to 20 percent, bringing the coinsurance into National Alliance for the Mentally Ill. precinct alone. Projects have ranged from in- line with that required of Medicare bene- National Association for Children’s Behav- frastructure—water, storm drainage, and com- ficiaries for other Part B services. ioral Health. munity centers to educational and health initia- Simply put, current law discriminates National Association for Rural Mental against Medicare beneficiaries who seek Health. tives. treatment for mental illness. This affects el- In 1994, Commissioner Gutierrez was Gov- National Association of Anorexia Nervosa derly and non-elderly Medicare beneficiaries and Associated Disorders (ANAD). ernor Ann Richards’ appointee to the South alike when they seek mental health care. Ac- National Association of Mental Health Texas Regional Prosperity Plan and also cording to the 1999 U.S. Surgeon General’s Planning & Advisory Councils. served on the Environmental Transition Team report on mental health, almost 20 percent of organized to consolidate the Texas Air Quality elderly individuals have some type of mental National Association of Protection and Ad- disorder uncommon in typical aging. In addi- vocacy Systems. Control Board, the Water Commission and se- tion, elderly individuals have the highest National Association of Psychiatric Health lected divisions of the Texas Health Depart- rate of suicide in the U.S., often the result of Systems. ment. In 2003 Governor Rick Perry appointed depression. The Surgeon General’s report National Mental Health Association. Commissioner Judith Gutierrez to the South states, ‘‘Late-life depression is particularly Suicide Prevention Action Network USA. Texas Regional Review Committee.

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.029 E03PT1 March 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E357 She is a past President of the South Texas TRIBUTE TO AM 1490 WMBM, believe that our nation, our communities, County Judges and Commissioners Associa- SOUTH FLORIDA’S FIRST BLACK- and our lives are made vastly stronger and tion and currently serves as trustee for the OWNED AND OPERATED RADIO richer by faith and the countless acts of jus- STATION—NEW BIRTH BROAD- tice and mercy it inspires. We will strength- Texas Association of Counties Health and Em- en the role of faith-based organizations in ployees Benefits Pool. She has the distinction CASTING CORPORATION CELE- meeting challenges like homelessness, youth of being the only commissioner from Webb BRATES 10 YEARS IN RADIO violence, and other social problems. At the County to have ever served on the Intergov- same time, we will honor First Amendment ernmental Relations Steering Committee for HON. KENDRICK B. MEEK protections and not allow public funds to be the National Association of Counties, based in OF FLORIDA used to proselytize or discriminate. Through- Washington, D.C. IN THE HOUSE OF REPRESENTATIVES out history, communities of faith have She is the Secretary for the Texas Council brought comfort to the afflicted and shaped Thursday, March 3, 2005 great movements for justice. We know they Board of Directors and serves on the board of Mr. MEEK of Florida. Mr. Speaker, I would will continue to do so, and we will always the Texas Council of Community Mental protect all Americans’ freedom to worship.’’ Health Retardation Centers, Inc. (MHMR). She like to take this opportunity to extend my con- gratulations to Bishop Victor T. Curry, D.D., THE CLINTON ADMINISTRATION RECORD ON chairs the County’s Villa Antigua Committee, a CHARITABLE CHOICE historical preservation project, as well as the Min, President and CEO, and to everyone at the New Birth Broadcasting Corporation as 1996—The Clinton Administration sub- Committee to create the new Webb County mitted amendments as part of its technical Morgue. She was appointed by Judge they celebrate their 10th year in radio. Celebratory events will begin with a commu- corrections package to Congress regarding Mercurio Martinez to serve on the Purchasing concerns over the constitutionality of Chari- nity worship service at 7 p.m. on March 9th Board and to chair an Art Committee for the table Choice provisions contained in welfare and will feature Pastor Jeffrey A. Johnson, Sr. New Administration Building. She has also reform. They filed the following comments of the Eastern Star Church of Indianapolis, In- with the amendment: ‘‘[P]rovisions of sec. been elected in the year 2002 to be President diana. of the Webb County HFC. Commissioner 104 and its legislative history could be read Since the purchase of AM 1490 WMBM, the to be inconsistent with the constitutional Gutierrez also serves on the Board of Texas landscape of gospel radio has changed dra- limits. . . . We recommend amending sec. 104 Association of Counties 2003 and on the matically. WMBM has received local as well to clarify that it does not compel or allow Texas Association of Counties Health and Em- as national recognition for its contribution to States to provide TANF benefits through ployee Benefits Pool since 2001. She was rec- our local community, for it not only plays the pervasively sectarian organizations, either ognized as one of the 2003 Tiger Legends for best in gospel music, but it also provides its directly or through vouchers redeemable with these organizations.’’ Congress did not Martin High School. She was recently asked listeners with late-breaking news and inspira- to join the Mercy Health Center Advisory act on those amendments. tional, life-changing programming. WMBM, the 1998—The Clinton Administration issued a Board for 2003 as well as the Border Area Nu- first black-owned and operated station in signing statement placing limitations on the trition Council. South Florida, is one of the first radio stations Charitable Choice provisions contained in Judith G. Gutierrez was born in Laredo, to stream its broadcast via the internet. the Community Services Block Grant: ‘‘The Texas to Sabino and Olga Garza. She at- WMBM also publishes a quarterly nationally Department of Justice advises, however, that tended Laredo schools and holds an Asso- distributed magazine and an annual directory the provision that allows religiously affili- ciate of Arts degree from Laredo Junior Col- of black-owned and supported businesses. ated organizations to be providers under lege. A successful businesswoman, for more I want to extend my warmest congratula- CSBG would be unconstitutional if and to than a decade Gutierrez owned and operated the extent it were construed to permit gov- tions to Bishop Curry and his staff for doing ernmental funding of ‘‘pervasively sec- La Hacienda Mexican Restaurant. Commis- such an important job so well, and my best tarian’’ organizations, as that term has been sioner Gutierrez has her Real Estate license wishes for another outstanding decade in defined by the courts. Accordingly, I con- and is in the process of securing a Real Es- broadcasting. strue the Act as forbidding the funding of tate Brokers license. She is the mother of four f pervasively sectarian organizations and as and has two grandchildren. permitting Federal, State, and local govern- Mr. Speaker, I am proud to have this oppor- JOB TRAINING IMPROVEMENT ACT ments involved in disbursing CSBG funds to tunity to recognize Webb County Commis- OF 2005 take into account the structure and oper- sioner Judith Gutierrez. ations of a religious organization in deter- SPEECH OF mining whether such an organization is per- vasively sectarian.’’ f HON. ROBERT C. SCOTT 2000—The Clinton Administration issued a OF VIRGINIA REINTRODUCING ‘‘HOLLY’S LAW’’ signing statement placing limitations on the IN THE HOUSE OF REPRESENTATIVES Charitable Choice provisions contained in Wednesday, March 2, 2005 the reauthorization of the Substance Abuse HON. ROSCOE G. BARTLETT Mental Health Services Act (SAMHSA): The House in Committee of the Whole OF MARYLAND ‘‘The Department of Justice advises, how- House on the State of the Union, had under IN THE HOUSE OF REPRESENTATIVES ever, that this provision would be unconsti- consideration the bill (H.R. 27) to enhance tutional to the extent that it were construed Thursday, March 3, 2005 the workforce investment system of the Na- to permit governmental funding of organiza- tion by strengthening one-stop career cen- tions that do not or cannot separate their re- Mr. BARTLETT of Maryland. Mr. Speaker, ters, providing for more effective governance today, I am reintroducing ‘‘Holly’s Law’’—a bill ligious activities from their substance abuse arrangements, promoting access to a more treatment and prevention activities that are that would suspend FDA approval of the drug comprehensive array of employment, train- supported by SAMHSA aid. Accordingly, I RU–486. This bill has been introduced with 48 ing, and related services, establishing a tar- construe the Act as forbidding the funding of cosponsors. Senator JIM DEMINT has reintro- geted approach to serving youth, and im- such organizations and as permitting Fed- duced Holly’s Law in the Senate. proving performance accountability, and for eral, State, and local governments involved other purposes: Holly’s Law is named in memory of Holly in disbursing SAMHSA funds to take into ac- Patterson, an I8-year-old Californian who died Mr. SCOTT of Virginia. Mr. Chairman, I sub- count the structure and operations of a reli- after taking the drug in 2003. When I tell peo- mit the following information regarding H.R. 27 gious organization in determining whether ple that the FDA approved a drug to treat a for the RECORD. such an organization is constitutionally and MARCH 2, 2005. statutorily eligible to receive funding.’’ life-threatening illness that has killed three Very truly yours, THE REAL DEMOCRATIC RECORD ON pregnant women and seriously injured dozens ROBERT C. ‘‘BOBBY’’ SCOTT, CHARITABLE CHOICE, of other pregnant women in the United States, Member of Congress. they’re shocked. They want to know why the DEAR COLLEAGUE: I wanted to be sure you had a copy of the Real Democratic Record on FDA and Congress would allow a drug that FEBRUARY 28, 2005. Charitable Choice. I hope this is helpful as DEAR REPRESENTATIVE: The undersigned kills and injures young women to stay on the we debate H.R. 27, containing a vast expan- market. RU–486 is a drug that always kills ba- organizations are writing to urge you to vote sion of Charitable Choice to federally-funded against H.R. 27, the Job Training Improve- bies and sometimes kills and seriously injures job training programs for the first time since ment Act, unless it is modified to address healthy young women. 1965. the concerns outlined in this letter, and to I urge my colleagues to support Holly’s Law THE 2004 DEMOCRATIC PLATFORM oppose any effort to expand the block grant to take the dangerous and unsafe drug RU– ‘‘We honor the central place of faith in the authority in the bill along the lines of the 486 off the market. lives of our people. Like our Founders, we Administration’s ‘‘WIA Plus’’ proposal.

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.032 E03PT1 E358 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2005 H.R. 27 fails to make meaningful improve- more effective and simple solution to ensur- American Federation of Government Em- ments to the Workforce Investment Act ing adequate training services would be to ployees (AFGE). (WIA) that would enhance the training and require that a certain percentage of WIA American Federation of Labor-Congress of career opportunities of unemployed workers. funds be used for training as provided in pre- Industrial Organizations (AFL–CIO). Instead, the legislation would eliminate the vious job training programs and to create a American Federation of State, County and dislocated worker training program, under- separate WIA funding stream for one-stop Municipal Employees (AFSCME). mine state rapid response systems, end the operations, if necessary. American Federation of Teachers (AFT). federal-state labor exchange system, roll PERSONAL REEMPLOYMENT ACCOUNTS American Humanist Association. back protections against religious discrimi- American Jewish Congress. H.R. 27 includes permanent and unlimited nation in hiring by job training providers, American Psychological Association. authority for the Secretary to conduct ‘‘per- and potentially undermine the stability of American RehabACTion Network. sonal reemployment account’’ (PRA) dem- other important programs. Americans for Democratic Action (ADA). onstrations even though the Department of In particular, we are concerned about the Americans for Religious Liberty. following provisions in H.R. 27: Labor recently initiated a PRA demonstra- Americans United for Separation of Church tion without strong interest among the NEW BLOCK GRANT and State (AU). states. Although nine states could have par- H.R. 27 consolidates into a single block Association for Career and Technical Edu- ticipated, only seven are doing so. cation. grant the WIA adult and dislocated worker Since this demonstration already is in programs with the Wagner-Peyser employ- Baptist Joint Committee. process, we see no justification for this pro- Brain Injury Association of America. ment service program and reemployment vision and can only surmise that it is an at- services for unemployment insurance recipi- Brotherhood of Locomotive Engineers and tempt to implement PRAs more broadly, de- Trainman. ents. In doing so, it will eliminate job train- spite a lack of Congressional support for a ing assistance specifically targeted to work- Campaign for America’s Future. full-scale program in the past. Center for Community Change. ers dislocated by off shoring and other eco- Unlike current WIA training programs, the nomic changes, pit different types of workers Communications Workers of America PRAs would limit the cost of training that (CWA). against each other, and lead to future fund- an unemployment insurance recipient can ing reductions. The block grant also elimi- Council of State Administrators for Voca- receive and would bar that individual from tional Rehabilitation (CSAVR). nates the statewide job service, which pro- WIA training services for a year after the vides a uniform statewide system for match- Easter Seals. PRA account is established. This is the Equal Partners in Faith. ing employers and jobseekers, replacing it wrong way to go. With longterm unemploy- with a multiplicity of localized programs Goodwill Industries. ment at historically high levels, there is a Institute for America’s Future. that would have no incentive or ability to much greater need for continued unemploy- cooperate and function as a comprehensive Interfaith Alliance. ment benefits for the long-term unemployed International Association of Machinists labor exchange system. Eliminating the em- who have found it so difficult to become re- and Aerospace Workers. ployment service, which is financed with rev- employed. International Brotherhood of Teamsters. enue from the unemployment insurance (UI) RELIGIOUS-BASED EMPLOYMENT International Union of Painters and Allied trust fund, breaks the connection between DISCRIMINATION Trades. the unemployment insurance program and National Advocacy Center of the Sisters of undermines the UI ‘‘work test,’’ which en- H.R. 27 repeals longstanding civil rights the Good Shepherd. sures that UI recipients return to work as protections that prohibit religious-based em- National Alliance For Partnerships in Eq- quickly as possible. ployment discrimination by job training pro- viders. These protections have been included uity. INFRASTRUCTURE AND CORE SERVICES FUNDING in job training programs, which received bi- National Association of State Directors of A principal criticism of WIA has been the partisan support, since 1982. At no time have Career Technical Education Consortium. substantial decline in actual training com- the civil rights provisions prohibited reli- National Association of State Head Injury pared to its predecessor, the Job Training gious organizations from effective participa- Administrators. Partnership Act. While there are various rea- tion in federal job training programs. This National Council of Jewish Women. sons for the reduction in training, including rollback of civil rights protections is espe- National Education Association. the sequence of services requirement in cur- cially incongruous in a program designed to National Employment Law Project. rent law, the use of WIA resources by local provide employment and career opportuni- National Head Start Association. boards and operators to build new one-stop ties in an evenhanded manner and should be National Immigration Law Center. facilities and bureaucracies, without any rejected. National Law Center on Homelessness & limitation, has contributed substantially to Poverty. WIA PLUS PROPOSAL the decline in training. This is despite the National League of Cities. fact that many WIA partner programs also The Administration has proposed giving National Organization for Women. contribute operating funds to one-stop oper- Governors authority to merge five additional National Rehabilitation Association ations. programs into the WIA block grant. The pro- (NRA). H.R. 27 gives governors even broader dis- posal would eliminate specialized assistance National WIC Association. cretion to transfer additional resources from to unemployed, disabled and homeless vet- National Women’s Law Center. the WIA partner programs to pay for WIA in- erans, critical job training services for work- NETWORK, A National Catholic Social frastructure and core services costs—without ers under the Trade Adjustment Assistance Justice Lobby. any assurance that more training would re- Act whose jobs have been outsourced or lost OMB Watch. sult. These programs include the vocational to foreign competition, and specialized coun- Paralyzed Veterans of America. rehabilitation program, veterans employ- seling and customized help for people with Patient Alliance for ment programs, adult education, the Perkins disabilities through state vocational reha- Neuroendocrineimmune Disorders; Organiza- post secondary career and technical edu- bilitation agencies. These individuals would tion for Research and Advocacy. cation programs, unemployment insurance, have to compete with each other for a declin- Plumbers and Pipe Fitters Union. trade adjustment assistance, Temporary As- ing share of resources without the protec- Professional Employees Department, AFL– sistance for Needy Families (TANF), and, if tions and requirements under current law. CIO. they are partners, employment and training Furthermore, the proposal abrogates ac- Protestants for the Common Good. programs under the food stamp and housing countability for the expenditure of federal Service Employees International Union programs, programs for individuals with dis- taxpayer dollars by eliminating program re- (SEIU). abilities carried out by state agencies, in- porting requirements. We strongly urge you The Arc of the U.S. cluding state Medicaid agencies, and even to oppose any effort to adopt this misguided United Cerebral Palsy. child support enforcement. By relying on plan. Unitarian Universalist Service Committee. funding transfers from these programs to In summary, H.R. 27 strays far from the United Auto Workers (UAW). guarantee resources for WIA infrastructure appropriate mission for federal job training United Church of Christ Justice and Wit- and core services, H.R. 27 will disrupt and programs of enhancing training opportuni- ness Ministries. weaken services provided by these non-WIA ties for workers and providing skilled work- United Mineworkers of America. programs, which also will face substantial ers for employers. We strongly urge you to United Steelworkers of America. pressures for funding reductions in the next oppose this legislation unless amendments USAction. few years. are adopted to delete the block grant, PRA Welfare Law Center. The infrastructure and related provisions demonstration and religious-based discrimi- Wider Opportunities for Women. start the commingling of funds from these nation provisions and to modify the infra- Women Employed. non-WIA programs. In doing so, they trans- structure provisions as recommended. Women Work! The National Network for form the original one-stop idea of a better- American Association of People with Dis- Women’s Employment. coordinated workforce system into a mecha- abilities. YWCA USA. nism for reducing resources for and block American Civil Liberties Union. 9to5, National Association of Working granting these programs in the future. A American Counseling Association. Women.

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.036 E03PT1 March 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E359

AMERICAN HUMANIST ASSOCIATION, protecting religious liberty and maintaining wishing to be employed by religious organi- Washington, DC, February 25, 2005. fundamental civil rights standards. We are zations participating in federally funded pro- DEAR REPRESENTATIVE: On behalf of the committed to maintaining and respecting grams. American Humanist Association, the oldest the autonomy of religious organizations, in- The need for the Scott Amendment is un- and largest Humanist organization in the na- cluding their right to look to religious derscored by a decision made by the Supreme tion, I write in opposition to the Job Train- standards when making employment deci- Court in Chief Justice Rehnquist’s majority ing Improvement Act (H.R. 27). The Act is sions for positions funded with private re- opinion in Bowen v. Kendrick, 487 U.S. 589 included in legislation reauthorizing the sources. But preserving the autonomy of (1988). The Court stated that although the Workforce Investment Act of 1998, the main those institutions must not entail the whole- Constitution does not bar religious organiza- job training program in the United States. sale repeal of longstanding civil rights safe- tions from participating in federal programs, The Job Training Improvement Act elimi- guards that protect workers from religious it requires (1) that no one participating in a nates the protection against employment discrimination in federally-funded positions. federal program can ‘‘discriminate on the discrimination in federally funded job train- Respectfully, basis of religion’’ and (2) that all federal pro- ing programs. If passed the measure would RICHARD T. FOLTIN, grams must be carried out in a ‘‘lawful, sec- erode civil rights protections in these pro- Legislative Director and Counsel. ular manner.’’ Id. at 609, 612. grams that have been in place since Presi- H.R. 27 seeks to codify discrimination in dent Ronald Reagan signed the Job Training NATIONAL COUNCIL OF JEWISH WOMEN, hiring for federally funded positions by reli- Partnership Act into law in 1982. Washington, DC, February 23, 2005. gious organizations. The bill repeals long- While the AHA supports job training, we DEAR REPRESENTATIVE: On behalf of the standing civil rights protections designed to urge you to oppose this Act because it would 90,000 members and supporters of the Na- protect workers against this kind of reli- further entrench a constitutionally question- tional Council of Jewish Women (NCJW), I gious discrimination. Since their inception able faith-based initiative and would legally am writing to you regarding the Job Train- in 1982, these job training programs have in- sanction discrimination. ing and Improvement Act (H.R. 27) intro- cluded important civil rights protections An amendment to reinstate civil rights duced by Rep. Howard McKeon (R–CA). This against employment discrimination based on protections will be offered on the floor by legislation includes dangerous language that religious beliefs in programs that receive Representative Bobby Scott. We ask you to would repeal longstanding civil rights pro- federal funding. support this amendment because it would al- tections designed to protect against religious leviate the civil rights rollback included in discrimination in employment in federally The Scott Amendment will make H.R. 27 the bill. funded job training programs. I urge you to consistent with Bowen v. Kendrick and As Humanists we strive for religious free- support an amendment that would strike President Reagan’s original intent when he dom and equal treatment regardless of one’s this provision, or oppose the bill if such an signed the first Workforce Investment Act in beliefs or lack thereof. As it’s written, this amendment is not included. 1988. This twenty-one year old provision has legislation gives the freedom for faith-based Current federal law prohibits discrimina- been successfully implemented since the in- organizations funded with taxpayer dollars tion based on religion in federally funded ception of the job training program, allowing to hire on the basis of religious beliefs, open- programs. This twenty-three year old provi- religious organizations to provide essential ing the door to religious and ideological em- sion has worked well, allowing religious or- government services while maintaining a ployment criteria. Along with other reli- ganizations to provide essential government commitment to protecting civil rights and gious, civil rights, labor, education, health, services while maintaining their own sec- religious liberty. and advocacy organizations, the American tarian identity and America’s core commit- VOTE ‘‘YES’’ ON THE SCOTT AMENDMENT; VOTE Humanist Association opposes H.R. 27. ment to protecting both civil rights and reli- ‘‘NO’’ ON FINAL PASSAGE IF THE SCOTT Sincerely, gious liberties. The language in H.R. 27 AMENDMENT FAILS TONY HILEMAN, would remove these existing civil rights pro- Executive Director. tections and allow faith-based groups to dis- Although religious employers have the criminate based on religion in their hiring right under Title VII to apply religious tests THE AMERICAN JEWISH COMMITTEE, practices. While such discrimination may be to employees, the Constitution requires that Washington, DC, February 25, 2005. appropriate in some situations, such as hir- the direct receipt and administration of fed- DEAR REPRESENTATIVE: I write on behalf of ing a rabbi, priest or imam, it has no place eral funds remove that exemption. In addi- the American Jewish Committee, the na- in the hiring of providers of secular services tion, the federal government has constitu- tion’s oldest human relations organization; funded by taxpayer dollars. Faith-based or- tional obligations reinforced by Bowen v. with more than 150,000 members and sup- ganizations receiving government funding Kendrick to refrain from religious discrimi- porters represented by 33 chapters nation- must be held to the same civil rights stand- nation. The Scott Amendment will restore wide, to urge you to support, if offered, the ards as other social service providers and the civil rights provisions into H.R. 27. Scott-Van Hollen-Woolsey amendment to doing so has not prevented these groups from For these reasons, OMB Watch encourages H.R. 27, the Job Training Improvement Act partnering with the government to provide you to vote ‘‘YES’’ on the Scott Amendment of 2005. We further urge that, absent the important services. and ‘‘NO’’ on final passage if the Scott amendment, you vote to oppose H.R. 27; NCJW joins scores of religious leaders, de- Amendment fails. If you have any questions, without the amendment, the bill would re- nominational offices, and faith-based organi- please contact Jennifer Lowe at 202–234–8494. peal longstanding civil rights protections de- zations in opposition to this divisive and un- Thank you for your attention to this matter. signed to protect workers in federally-funded necessary legislation. I urge you to oppose Sincerely, job training programs from religious dis- the Job Training and Improvement Act and GARY BASS, crimination. uphold our nation’s commitment to eradi- Executive Director. Beginning with the inception of the federal cating employment discrimination. job-training programs encompassed by the For over a century, NCJW has been at the Job Training Partnership Act of 1982, reli- PEOPLE FOR THE AMERICAN WAY, forefront of social change, raising its voice Washington, DC, February 24, 2005. gion-based employment discrimination has on important issues of public policy. Inspired been prohibited in federally funded job-train- by our Jewish values, NCJW has been, and DEAR MEMBER OF CONGRESS: On behalf of ing programs, including programs operated continues to be, an advocate for the needs of the over 675,000 members and supporters of by religious institutions. The bipartisan Job women, children, and families and a strong People For the American Way, we are writ- Training Partnership Act, which included supporter of equal rights and protections for ing to voice our opposition to the Job Train- the provision prohibiting religious discrimi- everyone. ing Improvement Act (H.R. 27) as it would nation that H.R. 27 would now make inappli- Sincerely, repeal longstanding civil rights protections designed to protect workers against religious cable to religious organizations, was origi- MARSHA ATKIND, nally sponsored by Senator Dan Quayle (R– President. discrimination in federally-funded job train- IN), reported out of the Senate HELP Com- ing programs. We urge you not to eliminate the civil rights of thousands of Americans by mittee under Chairman Orrin Hatch (R–UT) OMB WATCH, and signed into law by President Ronald Washington, DC, February 25, 2005. exempting religious organizations from anti- Reagan. In 1998, the provision once again re- discrimination requirements established VOTE ‘‘NO’’ ON WIA REAUTHORIZATION UN- ceived strong bipartisan support in both the over twenty years ago. These critical re- LESS SCOTT AMENDMENT PASSES! PROTECT House and the Senate when the Workforce quirements were signed into law by Presi- CIVIL RIGHTS—STOP FEDERALLY FUNDED Investment Act combined earlier job-train- dent Ronald Reagan in 1982 under the Job RELIGIOUS DISCRIMINATION ing programs and recodified the original Training Partnership Act and were re- nondiscrimination provision included in the Re Scott Amendment to H.R. 27, the Jobs affirmed in 1998 during the passage of the re- 1982 law. Training Improvement Act. titled Workforce Investment Act (WIA). We The nondiscrimination provision that the DEAR REPRESENTATIVE: OMB Watch strong- ask that you support the Scott amendment Scott-Van Hollen-Woolsey amendment would ly urges you to support the Scott Amend- which would restore this necessary protec- reinstate has, over the past 23 years, allowed ment to H.R. 27, the Jobs Training Improve- tion. If Congress were to do otherwise, it religious organizations to participate in fed- ment Act of 2005. The Scott Amendment will would be allowing direct federal funding of erally funded job-training programs while restore civil rights protections to people discrimination. This is unacceptable.

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.038 E03PT1 E360 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2005 Maintaining the separation between 1997 General Assembly stated (and the 1999 poll, 78 percent of Americans oppose allow- church and state is fundamental to main- General Assembly reaffirmed), ‘‘that while ing government-funded religious organiza- taining the religious freedoms of all Ameri- the church, voluntary organizations, busi- tions to hire only those who share their reli- cans. However, this can not be accomplished ness, and government must work coopera- gious beliefs. when organizations receiving federal funds tively to address the needs of poor persons Religious institution can, and do, play a are allowed to deny employment opportuni- and communities, the government must as- vital role in helping provide employment ties based upon an individual’s religious be- sume the primary role for providing direct services. However, the government must en- liefs. assistance for the poor’’ (Minutes, 1997, pp. sure that religious organizations that accept There is no need to exempt religious orga- 553). The General Assembly has noted that government funding are prohibited from nizations from anti-discrimination laws in the private sector is incapable of caring for practicing religious discrimination. order to protect the religious identity of the needy on its own. The 1996 General As- We urge you to address the real and dis- that organization. Provisions already exist sembly asserted that ‘‘churches and char- tinct needs of different types or workers and that allow an organization that is the recipi- ities, including many Presbyterian congrega- job seekers and to protect longstanding civil ent of federal funds to separate its religious tions and related organizations, have re- rights by opposing the Job Training and Im- content from the provision of services sponded generously to growing hunger but do provement Act of 2005 (H.R. 27). through the creation an independent 501[c][3] not have the capacity to replace public pro- Yours sincerely, organization. This allows the religious orga- grams’’ (Minutes, 1996, p. 784). Rabbi DAVID SAPERSTEIN, nization to maintain its religious identity As with all institutions and organizations, Director and Counsel. without government interference, while also there will be those who may hold a differing providing needed services in the community. view from that of the parent body. Congress THE INTERFAITH ALLIANCE, Any exemption for religious organizations may receive letters from organizations that Washington, DC, February 28, 2005. DEAR MEMBERS OF CONGRESS: I write to receiving federal funds should not be per- may cause confusion about where the official you today as the president of The Interfaith mitted for it would undermine a half century policy of the Church is on this issue. Alliance, a nonpartisan, national grassroots of public policy aimed at protecting individ- The General Assembly of the Presbyterian organization dedicated to promoting the uals from discrimination in the workplace, Church is the highest governing body of the positive and healing role of religion in public and further erode the fundamental protec- 216 year denomination. There are approxi- life, to urge you to support the amendment, tions against discrimination based on one’s mately 11,500 congregations with 2.5 million offered by Representative Bobby Scott (D– religion that are absolutely central to our members. Please contact me if you have fur- VA), to the Job Training Improvement Act/ democracy. ther questions. H.R. 27 that would restore civil rights pro- Rev. ELENORA GIDDINGS IVORY, We ask that you uphold the religious lib- tections. If an amendment like this fails, I Director, Washington Office. erties of all Americans and not allow federal urge you to oppose the Job Training Im- funding of employment discrimination under provement Act/H.R. 27 because it is an un- H.R. 27. Therefore, we strongly urge you to RELIGIOUS ACTION CENTER justified assault on religious liberty and support the Scott amendment, which may be OF REFORM JUDAISM, civil rights protections. Washington, DC, February 24, 2005. offered on the floor, to restore current law Section 127, entitled ‘‘Non-Discrimination’’ and continue to protect critical civil rights DEAR REPRESENTATIVE: On behalf of the exempts religious organizations that receive protections within the Job Training Im- Union for Reform Judaism, whose 900 con- Federal funds from the prohibition of dis- provement Act. Furthermore, we ask that gregations across North America encompass crimination that is standard practice for all you vote no on the final passage of H.R. 27 if 1.5 million Reform Jews, and the Central other organizations that contract with the this amendment is not adopted. Thank you. Conference of American Rabbis (CCAR) federal government. Specifically, under the Sincerely, whose membership includes over 1800 Reform subsections entitled ‘‘Prohibition of Dis- RALPH G. NEAS, rabbis, I strongly urge you to oppose the Job crimination Regarding Participation, Bene- President. Training and Improvement Act of 2005 (H.R. fits and Employment,’’ and ‘‘Exemption for TANYA CLAY, 27). H.R. 27 does not meet the job training Religious Organizations,’’ the bill states, Deputy Director of Public Policy. needs of either job seekers or employers and that standard nondiscrimination policies would repeal civil rights laws by permitting ‘‘shall not apply to a recipient of financial PRESBYTERIAN CHURCH (USA), government-funded faith-based job training assistance under this title that is a religious Washington, DC, March 1, 2005. programs to practice religious discrimina- corporation, association, educational insti- DEAR REPRESENTATIVE: As you consider tion in employment. tution, or society, with respect to the em- H.R. 27 and the issue of Faith-Based Hiring, H.R. 27 fails to make meaningful improve- ployment of individuals of a particular reli- I would like to alert you that the official ments to the Workforce Investment Act of gion . . .’’ policy of the Presbyterian Church (USA) is 1998 and would weaken the federal govern- This provision represents a dramatic shift to oppose the kind of discrimination that ment’s job training programs. H.R. 27 con- in government policy towards religion as it could arise in the name of religion through solidates severa1 worker training programs repeals longstanding civil rights protections the passage of this bill. Religious freedom into a single block grant and gives states which have traditionally protected people of and liberty has been a key component of the broad discretion in their use of funds. Expe- faith and goodwill from religious employ- beliefs held by members of this historic de- rience with block grants suggests that this ment discrimination in federally funded job- nomination. wider discretionary power is a precursor to training programs. On Charitable Choice/Faith Based Initia- federal funding cuts. Under W1A, states and Since its inception in 1982, when it was tives—The 1988 General Assembly of the local governments have also been allowed called the Job Training Partnership Act Presbyterian Church (USA) ‘‘has recognized more discretion in the use of job training (JTPA), this program has been the largest for many years that, apart from question of funding, and states have used this discretion Federal employment training program in the constitutionality, the church faces serious to fund new job training facilities rather nation, serving dislocated workers, homeless issues related to its own liberty of faith and than focus on providing new services. individuals, economically disadvantaged action when it receives government funds. The Job Training and Investment Act adults, youths and older workers. When The 1969 General Assembly noted the distinc- would also appeal civil rights law by permit- signed into law by President Ronald Reagan, tion between ‘‘church-controlled’’ and ting government funded faith-based job this program contained the very language ‘‘church-related’’ and urged that ‘‘temporary training programs to engage in religious dis- protecting against religious discrimination or permanent community agencies qualified crimination when making employment deci- that H.R. 27 seeks to repeal. to receive public funds be established at sions. While the interrelated issues of wheth- As an organization comprised of 150,000 church initiative to maintain such pro- er the Constitution permits federally funded people of faith and goodwill spanning over 70 grams;’’ and, ‘‘if church control was tempo- religious entities to discriminate in hiring faith traditions, I urge you to support the rarily necessary for start up or experimental on the basis of religion and the legitimate Scott amendment to the Job Training Im- programs, that any permanent program re- need to recognize the religious autonomy of provement Act/H.R. 27 that would restore sulting . . . be removed from church control churches, synagogues, and houses of worship civil rights protections. If an amendment and put under the control of independent are complex, government-funded discrimina- like this fails, I urge you to oppose the Job community-based bodies.’’ Holding that ‘‘in tion is deeply problematic on a policy level. Training Improvement Act/H.R. 27 because it the conduct of social services church agen- The notion that a job notice could be placed is an unjustified assault on religious liberty cies should accept necessary and proper gov- in the newspaper seeking employees for a and civil rights protections. ernmental regulation and supervision . . .’’ government-funded social service program America’s unemployed citizens and those (Minutes, 1988, p. 559). run by a Protestant church that reads who wish to train them should not be sub- Also, General Assembly policy has consist- ‘‘Jews, Catholics, Muslims need not apply’’ jected to a religious test under a Federal ently and clearly stated that government or ‘‘No unmarried mothers will be hired’’ is program. If you need further information on has the primary responsibility for caring for profoundly troubling. According to an April our position on this matter, please do not the poor, along with the private sector: The 2001 Pew Forum on Religion and Public Life hesitate to contact Kim Baldwin, Director of

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.043 E03PT1 March 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E361 Public Policy and Voter Education, at 202– amendment being offered by Congressman provement Act of 2005’’ and to oppose any ef- 639–6370. Bobby Scott to H.R. 27 that would retain the fort to expand the block grant authority in Sincerely, civil rights protections when using federal the bill along the lines of the Administra- Rev. Dr. C. WELTON GADDY, funds in the current law. If the bill’s existing tion’s ‘‘WIA Plus’’ proposal. President, The Interfaith Alliance. language becomes law, civil rights protec- H.R. 27 fails to make improvements nec- tions that have been in place for decades will essary to enhance the training and career op- UNITARIAN UNIVERSALIST ASSOCIA- be eliminated and the result will be federally portunities of unemployed workers. Instead, TION OF CONGREGATIONS, WASH- funded discrimination. Given the importance the legislation completely eliminates the INGTON OFFICE FOR ADVOCACY, of this issue to the NAACP and our member- dislocated worker training program, under- Washington, DC. ship, I would also urge you to vote against mines state rapid response systems, ends the To: Members of the House of Representa- final passage of the bill should the Scott federal-state labor exchange system, rolls tives. amendment fail. back protections against religious discrimi- nation in hiring by job training providers, DEAR REPRESENTATIVE: I write on behalf of Because of our Nation’s sorry history of bigotry, for decades it has been illegal to dis- and potentially undermines the stability of over 1,000 congregations that make up the other important related programs. It also Unitarian Universalist Association of Con- criminate in employment and make hiring decisions based on race or religion. The only threatens the unemployment insurance-em- gregations (UUA). Unitarian Universalists ployment service partnership that has served have a long and proud history of opposing exception is faith-based organizations that are exempted from anti-discrimination pro- the nation well for over 70 years. the convergence of religion and state in ways We are especially concerned that H.R. 27 visions in programs using their own money; that compromise both entities. I write today terminates the U.S. Employment Service although until now they had to adhere to to urge you to oppose provisions in H.R. 27, (ES) system by folding it into a block grant The Job Training Improvement Act that basic civil rights laws when using federal with the WIA dislocated worker and adult would do just that. monies to support a program. training programs. Funded from the federal There should be no question that Faith We ask you to oppose religious discrimina- Unemployment Insurance Trust Fund, the Based institutions should, like all other re- tion in employment procedures included in ES has been a key part of the unemployment Section 128 of H.R. 27. If Section 128 were in- cipients of federal funds, adhere to basic insurance (UI) system since its inception. cluded as written, The Jobs Improvement civil rights laws when using federal funds. It Through state employment service agencies, Act would allow religious organizations re- is a fundamental American principle that no the ES has administered the UI ‘‘work test’’ ceiving government funds to discriminate on citizen should have to pass someone else’s to determine whether UI claimants are ac- the basis of religion when hiring employees racial, ethnic or religious test to qualify for tively seeking work in order to be eligible for taxpayer-funded positions. This would a taxpayer-funded job and has been the law for UI benefits. jeopardize both civil rights and religious since 1982 when our federally-funded national It is highly doubtful that local one-stop freedom. We urge you to support the amend- job training programs were consolidated centers with multiple mandates could ad- ment offered on the floor by Representative under the Job Training Partnership Act. dress the reemployment needs of UI claim- SCOTT that would restore protections con- H.R. 27 would eliminate the protections and ants and the mandates of the UI law effec- tained in current law that guard the freedom advancements in the current law, provisions tively. In addition, shifting the UI work test of religious belief and expression to all peo- which have never been controversial. to one-stop centers, which private companies Congressman Scott’s amendment would re- ple seeking employment of federally funded can operate, would privatize an important store protections against religious discrimi- positions. eligibility function for the UI program and While The Unitarian Universalist Associa- nation in hiring for jobs funded through the set the stage for privatizing the administra- tion affirms the critical role of faith as a Job Training Improvement Act. This amend- tion of UI benefits. This is especially trou- source of healing in our society, we strongly ment is consistent with the civil rights laws bling in light of the importance of preserving believe that all legally qualified social serv- passed of the mid-1960’s and with the basic the confidentiality of employer wage ice providers should be considered for em- principles of our Constitution and would re- records. Eliminating the Employment Service also ployment without the imposition of religious assert traditional and well-established em- advances a major objective of the Adminis- tests or proscription. By accepting govern- ployment rights, civil rights and anti-dis- tration: the devolution of the federal unem- ment funds, houses of worship are—and crimination protections. Make no mistake; enactment of this provi- ployment insurance to the states, in effect should remain subject to government over- sion will not make it easier for faith-based ending this critical countercyclical program sight, as well as government regulation, in- organizations to get federal contracts; they as a national system. Legislation to reduce cluding compliance reviews, audits, and up- still need to apply, compete, and are subject the Federal Unemployment Tax (FUTA) by holding the protections against civil rights to audit. Any program that can get funded 75% over several years and turn the financ- violations such as religious discrimination. under this bill can get funded anyway; Faith ing of UI operations back to the states has If an amendment restoring current law by based organizations must simply comply languished in Congress. H.R. 27 accomplishes requiring federally funded religious organi- with decades-old civil rights laws; they must one phase of this larger plan. zations to comply with civil rights protec- not discriminate in hiring. Block granting the dislocated and adult tions is not passed on the floor, we urge you While there can be no question as to the worker training programs with the ES elimi- to oppose H.R. 27, the Job Training Improve- invaluable role that faith-based organiza- nates the distinct objectives of each of these ment Act as written. The protection of the tions have played and continue to play in programs. Specifically, it ends targeted job religious expression of people of all faiths is meeting many of the needs facing our nation training assistance for workers dislocated by the responsibility all Americans, including today, it is also true that there are a few or- off-shoring and other economic changes, pits religious organizations such as ours and leg- ganizations which may, unfortunately, use different types of workers against each islators such as yourself. We ask for your religious discrimination as a shield for racial other, and it will lead to future funding re- vote against religious discrimination in the ductions. It also replaces the current uni- or gender discrimination. Thus I urge you, workplace in order to protect the civil rights form statewide job service that matches em- again in the strongest terms possible, to sup- and religious freedom of all people and re- ployers and job seekers with a multiplicity port Congressman Scott’s amendment and main true to one of the core principles of our of local programs that will have no incentive ensure that tax dollars are not being used to nation’s commitment to liberty for all. or ability to cooperate as a comprehensive support discrimination in any form. Sincerely, labor exchange system. Should you have any questions or com- AFSCME also strongly opposes provisions ROB KEITHAN, ments on the NAACP position, I hope that Director. in H.R. 27 that give governors broad discre- you will feel free to contact me at (202) 463– tion to transfer resources from the WIA 2940. The NAACP considers this to be a very ‘‘partner programs’’ to pay for WIA infra- NATIONAL ASSOCIATION FOR THE AD- important civil rights vote, and your posi- VANCEMENT OF COLORED PEOPLE, structure and core services costs. tion will be relayed to our national member- By relying on funding transfers from these WASHINGTON BUREAU, ship. programs to guarantee resources for WIA in- Washington, DC, February 25, 2005. Sincerely, frastructure and core services, H.R. 27 will MEMBERS, HILARY SHELTON, disrupt and weaken services provided by House of Representatives, Director. these non-WIA programs, which also will Washington, DC. face substantial pressures for funding reduc- Re Support the Scott Amendment to H.R. 27, AMERICAN FEDERATION OF STATE, tions in the next few years. the Job Training Improvement Act of COUNTY, AND MUNICIPAL The infrastructure and related provisions 2005, which would restore protections EMPLOYEES, begin the commingling of funds from these against discrimination in current law. AFL–CIO, non-WIA programs and lay the foundation DEAR REPRESENTATIVE: On behalf of the Washington, DC, February 25, 2005. for future block granting of these programs. National Association for the Advancement of DEAR REPRESENTATIVE: I am writing on be- Any doubts that this is the long term objec- Colored People (NAACP), the nation’s oldest, half of the 1.4 million members of the Amer- tive should be dispelled by the Administra- largest and most widely recognized grass- ican Federation of State, County and Munic- tion’s current request to modify H.R. 27 to roots civil rights organization, I urge you, in ipal Employees (AFSCME) to urge you to give governors authority to add up to five the strongest terms possible to support the vote against H.R. 27, the ‘‘Job Training Im- additional ‘‘partner programs’’ to the block

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.046 E03PT1 E362 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2005 grant created in the legislation (‘‘WIA pealing the Wagner-Peyser Act eliminates from WIA and Employment Service pro- Plus’’). These programs include vocational the 60-year-old United States Employment grams. If implemented, the new ‘‘WIA Plus’’ rehabilitation, trade adjustment assistance, Service (ES), a federal-state partnership that block grant proposal will cut $354 million in veterans employment and training programs, maintains a nationwide, free, publicly ad- real dollars from current TAA, Vocational adult education and food stamp employment ministered labor exchange matching job Rehabilitation, Adult Education, Veterans and training programs. seekers and employers. It is also the first Training and Food Stamp Employment and In addition to the block grant strategy in step toward dismantling the critical and his- Training Programs. The Bush block grant the legislation, H.R. 27 includes new dem- toric federal role in the nation’s unemploy- proposals will mean a total of $638 million in onstration authority for the Department of ment insurance (UI) system, turning it over real cuts for existing programs. Labor to operate ‘‘personal reemployment entirely to the states. Repealing the Wagner- ‘‘WIA PLUS’’ PROPOSALS account’’ (PRA) demonstrations. The PRAs Peyser Act and block granting ES funds will Though not part of HR 27, at present, the would cap the cost of training that unem- reduce, privatize and voucherize free public ployment insurance recipients can receive labor exchange programs. Bush Administration has proposed a ‘‘WIA and bar them from receiving free WIA serv- Plus’’ initiative that would allow Governors WIA BLOCK GRANT to merge five additional programs into the ices for a year after the PRA account is es- H.R. 27 consolidates into a single block tablished. They represent a further contrac- WIA block grant: Trade Adjustment Assist- grant the WIA adult and dislocated worker ance; Vocational Rehabilitation; Food tion in the assistance the federal govern- programs with the Wagner-Peyser Employ- ment provides workers, and, since the Labor Stamps Employment and Training Pro- ment Service program and reemployment Department already is running an experi- grams; Adult Education and Veterans Em- services for unemployment insurance recipi- ment in seven states, they are entirely un- ployment and Training Programs. ents. In doing so, it destroys both the dis- necessary. The legislation allows the Governor to: Ig- Finally, the proposed PRAs or vouchers located worker program, which has provided nore the requirements of each statute au- are complemented by the repeal of long- assistance to experienced workers perma- thorizing these programs. Treat individuals standing civil rights protections that pro- nently dislocated from their jobs, and the in different parts of the state differently. hibit religious-based employment discrimi- statewide job service, which provides a uni- Consolidate reporting so that no information nation by job training providers. This roll- form statewide system for matching employ- or tracking is provided on the nature and ex- back of civil rights protections, designed to ers and jobseekers. The block grant will pit tent of services to special groups. advance direct government funding of perva- different types of workers against each other The ‘‘WIA Plus’’ proposal should be op- sively religious institutions, overturns dec- for assistance and lead to future funding re- posed because it: Bypasses existing public ades of consensus on the need for non- ductions. administration requirements permitting discriminatory treatment in job training INFRASTRUCTURE FUNDING these programs to be contracted out. Elimi- programs and should be rejected. We under- H.R. 27 gives Governors broad discretion to nates the obligation to provide long-term stand that Rep. Bobby Scott intends to offer transfer additional resources from the WIA training and income support to workers an amendment that would restore to the bill partner programs to pay for WIA infrastruc- whose jobs have been outsourced or lost to the existing civil rights protections. We urge ture and WIA core services costs—without foreign trade. Eliminates job training and you to support this amendment. any assurance that more training would re- other workforce assistance to unemployed, In summary, H.R. 27 is a radical and par- sult. By relying on funding transfers from disabled and homeless veterans and elimi- tisan departure from previous workforce pol- these programs, H.R. 27, guarantees WIA nates state veterans employment specialists icy. It transforms the original one-stop idea one-stop funding at the expense of disrupting and disabled veterans employment special- of a better-coordinated workforce system and weakening services provided by these ists. Eliminates the specialized counseling into a mechanism for reducing resources and non-WIA programs. A more effective and and customized help for the disabled pro- block granting programs in the future. It simple solution to ensuring adequate train- vided through state vocational rehabilita- would undermine the role of Congress in na- ing services would be to require that a cer- tion agencies. Forces those in need to com- tional workforce policy, erode account- tain percentage of WIA funds be used for pete for a declining share of resources. Con- ability for the expenditure of workforce training as provided in previous job training tains no assurance that individuals will re- funds, and retreat from important civil programs and to create a separate WIA fund- ceive the same quality of service. rights protections that have enjoyed bipar- ing stream for one-stop operations, if nec- For all of these reasons the AFL–CIO urges tisan support for over 25 years. AFSCME essary. you to vote against H.R. 27 and oppose any strongly urges you to vote against H.R. 27. PERSONAL REEMPLOYMENT ACCOUNTS amendments that would implement the Bush Sincerely, Administration’s ‘‘WIA Plus’’ program. H.R. 27 includes a demonstration program CHARLES M. LOVELESS, Sincerely, for the Secretary to conduct ‘‘Personal Re- Director of Legislation. WILLIAM SAMUEL, employment Account’’ (PRA) demonstra- tions even though the Department of Labor Director, Department of Legislation. AMERICAN FEDERATION OF LABOR recently initiated a PRA demonstration AND CONGRESS OF INDUSTRIAL OR- without strong interest among the states. HUMAN RIGHTS CAMPAIGN, GANIZATIONS, Unlike current WIA training programs, the Washington, DC, March 2, 2005. Washington, DC, February 17, 2005. DEAR REPRESENTATIVE: On behalf of the PRAs would limit the cost of training that Honorable JOHN BOEHNER, more than 600,000 members of The Human an unemployment insurance recipient can Chairman, House Committee on Education and Rights Campaign, we urge support for the receive and would bar that individual from the Workforce, Washington, DC. Scott Amendment to the Job Training Im- WIA training services for a year after the DEAR CHAIRMAN BOEHNER: On Thursday, provement Act (HR 27) in order to protect PRA account is established. This is the February 17, the House Education and Work- workers against religious discrimination in wrong way to go. With long-term unemploy- force Committee will consider H.R. 27 to re- federally-funded job training programs. This ment at historically high levels, there is a authorize the Workforce Investment Act. Amendment would restore current law and much greater need for continued unemploy- The AFL–CIO urges you to vote against this continue to protect critical civil rights pro- ment benefits for the long-term unemployed legislation, because it is a step backward in tections thus preventing the alteration of a who have found it so difficult to become re- securing needed training and employment non discrimination policy that has been in employed. programs for our nation’s unemployed and place since it was signed into law by Presi- disadvantaged workers. RELIGIOUS-BASED EMPLOYMENT dent Ronald Reagan. Passing this bill with- Good jobs that support families are the DISCRIMINATION out such amendment will result in religious foundation of a strong economy and a strong We are particularly concerned that this organizations being able to use Federal nation, and creating and sustaining good legislation would remove key civil rights money to discriminate based on religion jobs is the number one priority for Ameri- protections against religious discrimination under this Act even when engaging in purely cans. Effective and meaningful job training in publicly-funded programs. H.R. 27 repeals secular job training endeavors. programs and income support for jobless longstanding civil rights protections that Absent the adoption of a civil rights workers combined with job search assistance prohibit religious-based employment dis- amendment on the House floor, we urge you are key components of a comprehensive jobs crimination by job training providers. to vote ‘‘No’’ on final passage of H.R. 27. strategy. H.R. 27 does nothing to create and FUNDING The 1998 Workforce Investment Act con- sustain good jobs in America. At the same Since taking office, President Bush has solidated earlier job-training programs and time it consolidates, block grants and cuts made real cuts in job training and assistance simply recodified the nondiscrimination pro- the funding for Workforce Investment Act programs to help unemployed and under- vision included in the original Job Training programs designed to help unemployed work- employed workers, including Workforce In- Partnership Act of 1982. The 1998 legislation, ers and disadvantaged adults. vestment Act programs for adults and dis- which included this nondiscrimination provi- In particular, we are concerned about the located workers and the Employment Serv- sion, received strong bipartisan support from following provisions in H.R. 27: ice. In inflation-adjusted dollars, these pro- both the House and Senate at the time of its ELIMINATION OF THE EMPLOYMENT SERVICE posed cuts total almost $1.9 billion. passage in the 105th Congress. Since its in- The AFL–CIO opposes repeal of the Wag- If implemented, the Bush WIA block grant clusion in the 1982 JTPA, it has enjoyed bi- ner-Peyser Act, called for under H.R. 27. Re- proposals will cut $284 million in real dollars partisan support. This twenty-one year old

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.051 E03PT1 March 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E363 provision has worked well since the incep- American Association of University multaneously turns back the clock on civil tion of this program, allowing religious orga- Women. rights. nizations to provide government-funded American Civil Liberties Union. Religion has flourished in this country services while maintaining America’s bed- American Counseling Association. since its founding precisely because the in- rock commitment to protecting both civil American Federation of State, County and stitutional spheres of church and state have rights and religious liberty. Municipal Employees (AFSCME), AFL–CIO. operated separately. This type of legislation In general, we do not object to faith-based American Federation of Teachers. violates the separation of church and state organizations providing employment-related American Humanist Association. and, therefore, threatens religion. We ask services or other social services provided American Jewish Committee. you to oppose H.R. 27 and provide protec- that public funds are not used to discrimi- American Jewish Congress. tions from religious employment discrimina- nate. However as the Nation’s largest gay, Americans for Religious Liberty. tion in federally funded job training pro- lesbian, bisexual and transgender civil rights Americans United for Separation of Church grams. organization, we summarily oppose using and State. Sincerely, Federal funds to discriminate on any basis, Anti-Defamation League. K. HOLLYN HOLLMAN. including religion, which we have witnessed Baptist Joint Committee on Public Affairs. used as a proxy for sexual orientation and Central Conference of American Rabbis. AFRICAN AMERICAN MINISTERS, gender identity discrimination. Episcopal Church, USA. Washington, DC, February 25, 2005. We strongly urge you to support the Scott Equal Partners in Faith. House of Representatives, Amendment and oppose the unjustified roll- Frances Kissling, Catholics for a Free Washington, DC. back of civil rights protections currently Choice. DEAR MEMBER OF CONGRESS: As pastors and found in H.R. 27. We believe that tax payers General Board of Church and Society of leaders of predominately African American should never fund discrimination and urge The United Methodist Church. congregations across the country, we urge your support in efforts to restore these im- Hadassah, the Women’s Zionist Organiza- you to protect the civil rights and religious portant protections. tion of America. freedom of all Americans and oppose the dis- As always, should you have any questions Human Rights Campaign. criminatory provisions in the Job Training please do not hesitate to contact Shelley Leadership Conference on Civil Rights. Improvement Act (H.R. 27). African Amer- Simpson at 202–216–1586. Legal Momentum (formerly NOW Legal ican religious leaders and activists have Sincerely, Defense). worked tirelessly over the past decades to DAVID M. SMITH, NAACP. ensure civil rights protections. However, this Vice President for Pol- National Association of Social Workers. bill would repeal these longstanding civil icy & Strategy. National Council of Jewish Women. rights protections designed to protect work- CHRISTOPHER LABONTE, National Education Association. ers against religious discrimination in feder- Legislative Director. National Head Start Association. ally-funded job training programs. National PTA. We believe that maintaining the separa- THE COALITION AGAINST OMB Watch. tion between church and state is funda- RELIGIOUS DISCRIMINATION, People For the American Way. mental to maintaining the religious free- February 23, 2005. Presbyterian Church (USA), Washington doms of all Americans. Therefore, as leaders DEAR REPRESENTATIVE: We, the under- Office. of our respective congregations, we cannot signed religious, civil rights, labor, edu- Service Employees International Union compromise our principles by supporting leg- cation, health and advocacy organizations SEIU, AFL–CIO. islation that allows religiously-affiliated or- are writing to urge you to support Scott Texas Faith Network. amendment to restore critical civil rights ganizations, to discriminate with Federal Texas Freedom Network. taxpayers’ dollars. The role of the church is protections to the Job Training Improve- The Interfaith Alliance. ment Act (H.R. 27), in order to protect work- to promote our religious teachings, and this The Secular Coalition for America. should not be confused with religious intol- ers against religious discrimination in feder- Union for Reform Judaism. ally-funded job training programs. Since erance or discrimination. Unitarian Universalist Association of Con- Since 1982, anti-discrimination require- their inception in 1982, these job-training gregations. ments have been included in the Job Train- programs have included important civil United Auto Workers. ing Partnership Act, re-titled the Workforce rights protections against employment dis- United Church of Christ Justice & Witness crimination based on religion in programs Investment Act in 1998. It is important to Ministries. recognize that religiously affiliated organi- that receive federal funds. Absent the adop- Women of Reform Judaism. tion of a civil rights amendment on the zations have not requested an exemption. House floor, we urge you to vote ‘‘No’’ on Furthermore, there is no need to exempt re- BAPTIST JOINT COMMITTEE, ligious organizations from these anti-dis- final passage of H.R. 27. Washington, DC, February 25, 2005. The 1998 Workforce Investment Act con- crimination laws. Houses of worship can cre- DEAR REPRESENTATIVE: This week you will solidated these earlier job-training programs ate independent 501(c)(3) organizations in be asked to consider the Job Training and and simply recodified the nondiscrimination order to separate religious content from the Improvement Act (H.R. 27). We write to re- provision included in the original Job Train- provision of services. This allows our reli- quest your support for the Scott amendment ing Partnership Act of 1982. The 1998 legisla- gious organizations to maintain their reli- to restore critical civil rights protections. tion, which included this nondiscrimination gious identity without government inter- Without the adoption of this amendment, we provision, received strong bipartisan support ference, while also providing needed services urge you to reject this legislation because it from both the House and Senate at the time in the community. would allow religious employment discrimi- of its passage in the 105th Congress. Since its Not only is the exemption in H.R. 27 unnec- nation in positions funded with federal dol- inclusion in the 1982 JTPA, it has enjoyed bi- essary, it is also detrimental to the funda- lars. partisan support. The original Job Training mental protections against discrimination Some religious organizations qualify for an Partnership Act was sponsored by then Sen- based on one’s religion that are absolutely ator Dan Quayle, and was reported out of the exemption to the ban on religious discrimi- central to our democracy. The current lan- Senate Labor and Human Resources Com- nation in Title VII of the Civil Rights Act of guage in H.R. 27 does not protect the civil mittee then chaired by Senator Orrin Hatch. 1964. We support Title VII’s exemption for rights cherished in our communities, but in- Finally, President Ronald Reagan signed churches and other religious organizations. stead encourages federally-funded discrimi- into law the Job Training Partnership Act, This exemption, when applied to privately nation. which contains the very same civil rights funded activities and enterprises, appro- For these reasons, we ask that you prevent provision that H.R. 27 now seeks to repeal as priately protects the church’s autonomy and unnecessary and unacceptable religious dis- it applies to religious organizations. This 23 its ability to perform its mission. Courts crimination and show your commitment to year old provision has worked well since the have interpreted this exemption not only to upholding critical civil rights protections inception of this program, allowing religious apply to clergy, but also to all of the reli- within H.R. 27. organizations to provide government-funded gious organization’s employees including Sincerely, services while maintaining America’s bed- support staff, and not only to religious affili- Reverend TIMOTHY MCDONALD. rock commitment to protecting both civil ations, but also to religious beliefs and prac- BOARD MEMBERS rights and religious liberty. tices. While we support this exemption, we Rev. Wendell Anthony, Fellowship Chapel We strongly urge you to support the Scott oppose its application in a publicly funded United Church of Christ, Detroit, MI. civil rights amendment to H.R. 27 to restore context. Rev. Dr. FLoyd W. Davis, High Street Bap- current civil rights law and to oppose the un- Without the Scott civil rights amendment, tist Church, Roanoke, VA. justified and unnecessary assault in H.R. 27 H.R. 27 would allow tax-funded employment Elder Kevin A. Ford, St. Paul UCGC, Chi- on our nation’s commitment to eradicating discrimination on the basis of religion. Al- cago, IL. employment discrimination in government- lowing government to subsidize religious dis- Rev. Julius C. Hope, New Grace Missionary funded jobs. crimination with tax dollars is arguably un- Baptist Church, Highland Park, MI. Sincerely, constitutional, and in any case, an uncon- Rev. Dr. Arnold W. Howard, Enon Baptist AFL–CIO. scionable advancement of religion that si- Church, Baltimore, MD.

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.055 E03PT1 E364 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2005 Rev. Leonard B. Jackson, First A.M.E. the House to make the same decision to op- tion on the basis of religion to strict scru- Church, Los Angeles, CA. pose Federal taxpayer support for religious tiny.’’ Brief of Intervenor United States in Rev. Dr. Clarence Pemberton, Jr., The New discrimination by federally-funded employ- Endres v. Indiana State Police (N.D. Ind. Hope Baptist Church, Philadelphia, PA. ers. Oct. 26,2001) (brief is available on Rev. James B. Sampson, First New Zion H.R. 27 WOULD REVERSE THE GOVERNMENT’S www.usdoi.gov). Congress should not now Missionary Baptist Church, Jacksonville, LONG STANDING PROTECTION AGAINST FEDER- take the position that it cannot or will not FL. ALLY FUNDED DISCRIMINATION enforce a civil rights ban on federal funds Rev. L. Charles Stovall, Camp Wisdom H.R. 27 attacks the very core of civil rights going to an organization claiming a right to UMC, Dallas, TX. protections historically supported by the discriminate based on religion when the Su- Rev. Dr. Rolen Womack, Jr., Progressive federal government. More than 60 years ago, preme Court specifically authorized the Baptist Church, Milwaukee, WI. one of the first success of the modern civil United States to enforce a civil rights ban on Rev. Albert Love, Love In Action Min- rights movement was a decision by President federal tax benefits going to an organization istries, 5410 Skyview Drive, SW., Atlanta, Franklin Roosevelt to bar federal contrac- making a directly analogous religious exer- GA. tors from discriminating based on race, reli- cise claim to discriminate based on race. Rev. Robert Shine, Berachah Baptist gion, or national origin. From that first Thus, the sponsors’ statement that the Con- Church, 2043 Eastburn Ave., Philadelphia, presidential decision through the Supreme gress has no duty to fully enforce the non- PA. Court’s decision allowing the Federal gov- discrimination statute is contrary to law— ernment to deny special tax advantages to and abandons one of the seminal decisions in AMERICAN CIVIL LIBERTIES UNION, Bob Jones University, which claimed a reli- civil rights, namely Bob Jones Univ. Washington, DC, February 25, 2005. gious right to retain the tax benefits while H.R. 27 IS UNCONSTITUTIONAL Re the Job Training Improvement Act (H.R. pursuing racist practices, the Federal gov- 27) Creates an Unconstitutional Loophole ernment has made the eradication of feder- H.R. 27 abets unconstitutional employment Allowing Government-Funded Religious ally funded discrimination among its highest discrimination based on religion. Its exemp- Discrimination. priorities. tion of religious organizations from the pro- DEAR REPRESENTATIVE: The American Civil In Bob Jones Univ. v. United States, 461 hibition on religious discrimination in the Liberties Union strongly urges you to sup- U.S. 574 (1983), the Supreme Court held that program is contrary to constitutional law port the Scott amendment to the Job Train- Federal government could deny a reli- and will open the door to government-funded ing Improvement Act (H.R. 27) to restore giously-run university tax benefits because discrimination. current law and to continue to defend crit- the university imposed a racially discrimina- ical civil rights protections designed to pro- tory anti-miscegenation policy. Id. at 605. Proponents of allowing religious organiza- tect employees against religious discrimina- The Court decided that the Federal govern- tions to use Federal funds to discriminate tion in federally-funded job training pro- ment’s compelling interest in eradicating ra- against their employees argue that their po- grams. Since their inception in 1982, these cial discrimination in education superceded sition is consistent with a provision in Title federally-funded job training programs have any burden on the university’s religious ex- VII of the Civil Rights Act of 1964 that gen- included important civil rights protections ercise of enforcing a religiously-motivated erally permits religious organizations to pre- against employment discrimination. H.R. 27 ban on students interracial dating. Id. at 604. fer members of their own religion when mak- will create an unconstitutional loophole to H.R. 27 would allow a religious organiza- ing employment decisions. However, that the enforcement of this longstanding prohi- tion, such as Bob Jones University, that dis- provision does not consider whether feder- bition against government-funded religious criminates based on religion, to participate ally-funded religious groups can discrimi- discrimination in Federal job training pro- in Federal job training programs. In a dis- nate with federal taxpayer dollars. Moreover, grams. turbing result, Bob Jones University could although the Supreme Court upheld the con- H.R. 27 CHANGES LONGSTANDING CIVIL RIGHTS be denied tax benefits because of its racist stitutionality of the religious organization LAW THAT WAS NEVER CONTROVERSIAL policies toward its students, but could re- exemption in Title VII, Corporation of Pre- ceive Federal job training money under H.R. siding Bishop v. Amos, 483 U.S. 327, 336–39 H.R. 27 explicitly authorizes federally- (1987), the Court has never considered wheth- funded religious organizations receiving 27 to discriminate against employees work- er it is unconstitutional for a religious orga- funds from the Act’s job training programs ing in the Federal job training program— nization to discriminate based on religion to discriminate against their employees simply because the employees do not meet when making employment decisions in pro- based on religion. Current law prohibits par- Bob Jones University’s religious tests. More- grams that the government finances to pro- ticipants in Federal job training programs over, in the many religious organizations in vide governmental services. from discriminating based on race, color, re- which most, if not all, of the adherents are of ligion, sex, national origin, age, disability, a single race, the result of federally-funded Several courts have considered whether a or political affiliation or belief. 29 U.S.C. 2938 religious discrimination will effectively be religious organization can retain its Title (a)(2). H.R. 27 would allow taxpayer dollars federal funds going to the employment of VII exemption after receipt of indirect Fed- to fund religious organizations that discrimi- persons of a single race. eral funds, e.g., Siegel v. Truett-McConnell The Federal government clearly has a nate against their employees in the delivery College, Inc., 13 F. Supp.2d 1335, 1344 (N.D. compelling interest in applying the Work- of federally-funded services. Ga. 1994) (clarifying that its decision permit- force Investment Act’s current civil rights The civil rights provision barring feder- ting a religious university to invoke the provision to everyone receiving federal ally-funded religious discrimination has Title VII exemption is because the govern- funds—including religious organizations never been controversial. In fact, the provi- ment aid is directed to the students rather seeking to discriminate on the basis of reli- sion was first included in the Federal job than the employer), but only one federal gion in hiring persons to work in Federal job training legislation that then-Senator Dan court has decided the constitutionality of re- training programs. H.R. 27 is inconsistent Quayle sponsored, which passed through a taining the Title VII exemption after receipt with the leading Supreme Court case on the committee chaired by Senator Orrin Hatch, of direct Federal funds, Dodge v. Salvation use of federal funds by religious organiza- and was signed by President Ronald Reagan. Army, 1989 WL 53857 (S.D. Miss. 1989). In that tions that discriminate. Throughout its 21-year history, the civil There is no meaningful difference between decision, the court held that the religious rights provision has not been an obstacle to the government prohibiting tax benefits to employer’s claim of its Title VII exemption the participation of religiously-affiliated or- organizations that discriminate based on for a position ‘‘substantially, if not exclu- ganizations in Federal job training pro- race and the Workforce Investment Act’s sively’’ funded with government money was grams. In fact, many religiously-affiliated statutory prohibition on discrimination unconstitutional because it had ‘‘a primary organizations participate in the programs based on religion in Federal job training pro- effect of advancing religion and creating ex- and comply with the same civil rights provi- grams. In fact, the United States itself—dur- cessive government entanglement.’’ Id. The sion that apply to everyone else. ing the current Administration—squarely re- analysis applied by the court in Dodge THERE IS LITTLE SUPPORT FOR THE ANTI-CIVIL jected the proposition that intentional reli- should apply with equal force to the Work- RIGHTS PROVISION IN THE SENATE gious discrimination gets less protection force Investment Act programs that would In the 108th Congress, the Senate passed its under the Equal Protection Clause than in- provide direct Federal funds to religious or- version of the faith-based initiative after tentional racial discrimination. In its Octo- ganizations. stripping out any provisions that could have ber 26, 2001 brief defending the religion prong In addition to causing the Establishment created any special advantages for federally- of Title VII from an Eleventh Amendment Clause violation cited by the court in Dodge, funded religious organizations. The sponsors attack, the United States stated that H.R. 27 would also subject the government of the legislation realized that a majority of ‘‘[c]ontrary to Defendant’s contention that and any religious employer invoking the the Senate supported the eradication of reli- the Supreme Court has ‘distinguished claims right to discriminate with Federal dollars to gious discrimination in federally-funded em- involving differential treatment on the basis liability for violation of constitutional ployment positions—and did not want to of race and speech from those involving reli- rights under the Free Exercise Clause and roll-back any civil rights protections. The gion,’ there can be no doubt that the Equal the Equal Protection Clause. Although mere civil rights community joins a significant Protection Clause subjects State govern- receipt of government funds is insufficient to portion of the religious community in urging ments engaging in intentional discrimina- trigger constitutional obligations on private

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.058 E03PT1 March 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E365 persons, a close nexus between the govern- government is simultaneously proposing reg- Quayle, and was reported out of the Senate ment and the private person’s activity can ulations to allow religious organizations to Labor and Human Resources Committee result in the courts treating the private per- discriminate based on religion in employ- then chaired by Senator Orrin Hatch. Since son as a state actor. Rendell-Baker v. Kohn, ment for federal programs involving sub- its inclusion in the 1982 JTPA, it has enjoyed 457 U.S. 830 (1982). stance abuse counseling, welfare reform, bipartisan support. This 23-year-old provi- It is beyond question that the government housing, and veterans benefits. sion has worked well since the inception of itself cannot prefer members of a particular Although religious employers enjoy an ex- this program, allowing religious organiza- religion to work in a federally-funded pro- emption from Title VII allowing them to tions to provide government-funded services gram. The Equal Protection Clause subjects apply religious tests when hiring for posi- while maintaining America’s bedrock com- governments engaging in intentional dis- tions funded with their own money, the Con- mitment to protecting both civil rights and crimination on the basis of religion to strict stitution requires that direct receipt and ad- religious liberty. scrutiny. E.g., United States v. Batchelder, ministration of federal funds removes that Americans United strongly urges you to 442 U.S. 114, 125 n.9 (1979); City of New Orle- exemption. In addition, the federal govern- support the Scott amendment and to oppose ans v. Dukes, 427 U.S. 297, 303 (1976). No gov- ment itself has constitutional obligations to the unjustified and unnecessary assault in ernment could itself engage in the religious refrain from religious discrimination or from H.R. 27 on our nation’s longstanding com- discrimination in employment accommo- establishing a religion. H.R. 27 fails to meet mitment to eradicating employment dis- dated and encouraged by the proposed rule’s any of those constitutional mandates. crimination in government-funded jobs. If employment provision. Thus, the govern- For these reasons, the ACLU strongly you have any questions about H.R. 27 or ment would be in violation of the Free Exer- urges you to support the Scott amendment would like further information on any other cise Clause and the Equal Protection Clause to H.R. 27. Thank you for your attention to issue of importance to Americans United, for knowingly funding religious discrimina- this matter, and please do not hesitate to please do not hesitate to contact Aaron D. tion. call Terri Schroeder at 202–675–2324 if you Schuham, Legislative Director, at (202) 466– Of course, a private organization is not have any questions regarding this issue. 3234, extension 240. subject to the requirements of the Free Exer- Sincerely, Sincerely, cise Clause and the Equal Protection Clause LAURA W. MURPHY, Rev. BARRY W. LYNN, unless the organization is considered a state Director. Executive Director. actor for a specific purpose. West v. Atkins, TERRI A. SCHROEDER, 487 U.S. 42, 52 (1988). The Supreme Court re- Senior Lobbyist. cently outlined the conditions necessary to f establish that there is a sufficient nexus be- AMERICANS UNITED FOR SEPARATION TAIWAN STRAIT RELATIONS tween the government and the private per- OF CHURCH AND STATE, son to find that the private person is a state Washington, DC, February 24, 2005. actor for purposes of compliance with con- DEAR REPRESENTATIVE: Americans United stitutional requirements on certain deci- for Separation of Church and State strongly HON. FRANK D. LUCAS sions made by participants in the govern- urges you to support the Scott amendment OF OKLAHOMA ment program: to the Job Training Improvement Act (H.R. [S]tate action may be found if, though only 27). The Scott amendment would restore IN THE HOUSE OF REPRESENTATIVES if, there is such a ‘close nexus between the longstanding civil rights protections in the Thursday, March 3, 2005 State and the challenged action’ that seem- Workforce Investment Act (‘‘WIA’’), which ingly private behavior ‘may be fairly treated guards workers against discrimination in Mr. LUCAS of Oklahoma. Mr. Speaker, On as that of the State itself.’ . . . We have, for WIA-funded job training programs. Absent December 29 of last year, the Standing Com- example, held that a challenged activity adoption of the Scott Amendment on the mittee of the Chinese National People’s Con- may be state action when it results from the House floor, Americans United strongly gress took a highly provocative action when it State’s exercise of ‘coercive power,’ when the urges you to vote ‘‘No’’ on final passage of state provides ‘significant encouragement, H.R. 27. voted to submit an ‘‘Anti-Secession Law’’ to either overt or covert,’ or when a private Americans United represents more than the full Congress which convenes on March 5. actor operates as a ‘willful participant 75,000 individual members throughout the The text of this proposed law was not made in joint activity with the State or its fifty states, as well as cooperating houses of public, but there can be no doubt about its in- agents’ ... worship and other religious bodies com- tent. It is intended to create in China’s national Brentwood Academy v. Tennessee Secondary mitted to the preservation of religious lib- law the legal justification for a military attack erty. The civil rights rollback contained in School Athletic Association, 121 S. Ct. 924, against Taiwan. (2001) (citations omitted). H.R. 27 would allow religious organizations The extraordinary role that the current operating government-funded programs The law would spell out a range of activities Administration—and the sponsors of H.R. under WIA to discriminate in employment which, if taken by the Taiwanese people and 27—have taken in accommodating, fostering, on the basis of religion, religious practice, or their democratically elected leaders, would le- and encouraging religious organizations to religious beliefs. H.R. 27 thus has serious im- gally constitute secession. Many of these ac- discriminate based on religion when hiring plications for the protection of civil rights tivities, such as Constitutional reform and pop- and religious liberty, and must be opposed. for federally-funded programs creates the ular referenda, are the mainstay of any de- nexus for constitutional duties to be imposed Section 128 of H.R. 27, entitled ‘‘Non-Dis- mocracy. Yet the Chinese would use them as on the provider, in addition to the require- crimination,’’ exempts religious organiza- ments already placed on government itself. tions that receive Federal funds from the a legal excuse for a military attack. The clear intent of the change in the civil prohibition against discrimination on the Mr. Speaker, this proposed ‘‘anti-secession’’ rights provision in the Workforce Invest- basis of religion that is standard practice for legislation which the National People’s Con- ment Act is to encourage certain providers all other organizations receiving funding gress plans to take up in March, is a signifi- receiving federal funds to discriminate based under WIA. Since its inception in 1982, when cant and dangerous development. It goes far on religion. it was called the Job Training Partnership The H.R. 27 provision allowing govern- Act (‘‘JTPA’’), this program has served as beyond the usual bellicose verbal threats of ment-funded religious discrimination is part the largest federal employment training Chinese leaders. It would use Chinese na- of a growing pattern of congressional, presi- service in the nation, serving dislocated tional law as a rationale for military aggression dential, and regulatory actions taken spe- workers, homeless individuals, economically against its democratic neighbor. cifically for the purpose of accommodating, disadvantaged adults, youth and older work- The United States, for more than 25 years fostering, and encouraging federally-funded ers. When signed into law by President Ron- since the passage of the Taiwan Relations private organizations to discriminate in ald Reagan, this program contained the very ways that would unquestionably be unconsti- language protecting against religious dis- Act, has made clear its determination that the tutional if engaged in by the federal govern- crimination that H.R. 27 seeks to repeal as future of Taiwan must be decided only by ment itself. For example, in December of to religious organizations. peaceful means, not by force of arms, and last year, President Bush signed Executive The 1998 WIA consolidated these earlier that any final determination must be in accord Order 13279, which amended an earlier execu- job-training programs and simply recodified with the wishes of the people of Taiwan. tive order, which had provided more than 60 the nondiscrimination provision included in These are the fundamental building blocks years of protection against discrimination the original JTPA. The 1998 legislation, based on religion by federal contractors. The which included this nondiscrimination provi- upon which the future of the Taiwan Strait Bush Order provides an exemption for reli- sion, received strong bipartisan support from must rest: peace, and mutual consent be- gious organizations contracting with the both the House and Senate at the time of its tween both sides. I urge the leadership of the government to discriminate in employment passage in the 105th Congress. The original PRC to put aside this ill-considered law as in- based on religion. In addition, the federal JTPA was sponsored by then-Senator Dan imical to both peace and goodwill.

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.062 E03PT1 E366 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2005 ADMINISTRATION’S BUDGET CUTS our nation, as well as his lifelong struggle on Jesus Garza in Laredo, TX in my Congres- TO AMTRAK behalf of Filipino veterans of World War II. His sional District. life is a symbol of the struggle for total rec- Judge Jesus Garza was born and raised in HON. NICK J. RAHALL II ognition of Filipino veterans and a sad re- Laredo. He is a product of LISD and grad- OF WEST VIRGINIA minder of a shameful page in the history of uated from J.W. Nixon High School in 1977. IN THE HOUSE OF REPRESENTATIVES our nation. Upon graduation he enrolled at the University of Texas and earned a Bachelor of Journalism Thursday, March 3, 2005 Born and raised in the Philippines, Mr. Duenas joined the 101st Infantry in 1941. In in 1981. In 1984 he received his Doctorate of Mr. RAHALL. Mr. Speaker, I wish to discuss 1943, he joined the guerilla forces in the Jurisprudence from the Thurgood Marshall the Administration’s proposed budget cuts to mountains and was captured by the Japanese School of Law in Houston and was licensed to Amtrak. while procuring food for American soldiers. practice law in the State of Texas in 1985. I want to be clear from the very beginning: Under questioning, Mr. Duenas denied any Judge Garza was appointed Associate Mu- if the Administration’s proposed cuts go into knowledge of the whereabouts of the Amer- nicipal Court Judge in 1984 and served until effect, Amtrak will not survive. And, in many ican soldiers. He escaped, and helped 10 U.S. 1985 at which time he decided to run for Jus- cases, the millions of people who depend on soldiers escape the Japanese POW camp. tice of the Peace. He ran a successful cam- Amtrak’s services will be left with no reliable Mr. Duenas came to the United States to paign and took office in 1986 and served for means of rail transportation. This would result claim his U.S. citizenship and military benefits, 6 years. in a serious problem for rail passengers, and and fell into the hands of an abusive landlord In 1993 Judge Garza, ‘‘Chuy’’ as he is represents a tremendous misjudgment by this in Richmond, Calif. He and 16 other veterans known to his friends, was voted into the newly Administration. were held in captivity, beaten, chained and fed created Webb County County Court at Law #2 The Administration has made clear its posi- dog food, while their landlord kept their month- and is presently presiding over his second tion on Amtrak. The result of their cuts to Am- ly government checks. term. trak would ‘‘lead to the elimination of oper- After being rescued, his experience received In 1994 Mayor Saul Ramirez appointed ations.’’ I am concerned that the ‘‘elimination news coverage. It brought public attention to Judge Garza to the Economic Advisory Coun- of operations’’ would result in a significant the plight of elderly Filipino veterans who cil and selected Co-Chairman by its members. hardship for the people of southern West Vir- came to America expecting to receive pre- Mr. Speaker, I am proud to have this oppor- ginia, and Amtrak riders everywhere. viously promised veterans’ pensions for their tunity to recognize County Court of Law Judge Practically speaking, the millions of pas- honorable U.S. military service, but instead Jesus Garza. sengers who depend on Amtrak’s services learned that Congress had stripped them of f would be stranded. Those who can afford a those benefits and recognition. car or plane ticket would descend on our al- IN HONOR OF MARIA PLASENCIA Thousands of Filipino veterans came to the ready heavily congested roads and airports. U.S. seeking equity and have waited 60 years Those without the means to purchase an air- HON. SUSAN A. DAVIS for the promise to be honored. After fighting line ticket or pay for the ever-increasing price OF CALIFORNIA for more than half a century for their right to of gasoline—and those in rural communities IN THE HOUSE OF REPRESENTATIVES U.S. citizenship, other issues related to their without direct access to airline or highway health and recognition remain to be ad- Thursday, March 3, 2005 travel—would be left twisting in the wind. dressed. Many live alone in poverty. It is a na- Mrs. DAVIS of California. Mr. Speaker, I rise In West Virginia alone, Amtrak served near- tional tragedy to see our veterans suffer from today to honor the life of Maria Plasencia, a ly 51,000 passengers in 2004. Two of the larg- neglect, despair and hopelessness. beloved San Diego activist. Maria passed est cities in the 3rd Congressional District, Mr. Duenas moved to San Francisco’s Ten- away on February 1, 2005. She is survived by Huntington and Hinton, represent nearly half derloin district in 1993, where he was vibrant her parents, Alma and Jesse Plasencia of that total with nearly 24,000 riders. In addition, member of our community. This diminutive, Crown Point, Indiana, and brother, Jesse Jr. of Amtrak pumped $3.7 million into the state’s gentle man worked tirelessly to improve the Schererville, Indiana. economy—which helped foster job creation experience of Filipino Veterans in the Bay If an issue involved equality and social jus- and economic development opportunities for Area. tice, Maria was among the first to rally her fel- West Virginians. The economic impact of Am- All these years, he waited for the recogni- low feminists. Last April, as an official and ac- trak on my state, and states throughout the tion of the U.S. Government for the services tivist in the San Diego Democratic Club, she country, cannot be overlooked. organized a 500–member San Diego delega- Importantly, Amtrak is making great strides he rendered during WWII. He was featured in tion that joined the March for Women’s Lives to improve itself from within. Capital invest- two documentaries: Tears of Old and Second in Washington, DC. After organizing San ment is up substantially; a new and detailed Class Citizens. He died still waiting for the full Diego’s effort in the March of Women’s five-year plan has been developed; unprofit- equity bill to be passed by the U.S. Congress. Lives—which drew about a million people to able services have been eliminated; and sig- We will not rest until the equity bill becomes Washington—Maria was elected to NOW’s na- nificant overhauls and needed maintenance law. Mr. Speaker, we will never forget his strug- tional board. operations have been undertaken. And Am- gle on the frontlines of the battlefield and on To those who knew her, bringing hundreds trak’s ridership has, and continues to, in- the frontlines of the fight for equity for Filipino of San Diegians for the march in Washington, crease. D.C. exemplified her uncompromising beliefs I urge this House, this Congress and this veterans. Mr. Duenas’ courage and resolve and her ability to galvanize grass-roots sup- Administration to recognize the improvements moves all of us to continue the fight for justice port. Her colleagues describe Maria as ener- Amtrak is making, the need Amtrak fills for in our country for all people. getic and passionate about her beliefs. A dia- millions of Americans and the importance of We will never forget the sacrifices Mr. betic, Maria did not let her condition stand in Amtrak on America’s transportation infrastruc- Duenas and other Filipino veterans made for the way of pursuing her interests or from lead- ture. our freedom. We must dedicate ourselves as a nation to ensure that America fulfills its ing an active life. f moral obligation to those who pay the high In her role as an activist and in her job as IN MEMORY OF MAGDALENO price for our freedom. an auditor for General Electric Commercial Fi- DUENAS f nance, Maria traveled extensively. She en- joyed meeting new people and seeing the HON. NANCY PELOSI HONORING THE CONTRIBUTIONS country. Cities and small towns alike fas- OF MUNICIPAL COURT JUDGE cinated Maria, delighting in each one’s popu- OF CALIFORNIA JESUS GARZA IN THE HOUSE OF REPRESENTATIVES lation and character. Maria grew up in Crown Point, Indiana. Her Thursday, March 3, 2005 HON. HENRY CUELLAR father, a steel mill worker, had come to the Ms. PELOSI. Mr. Speaker, I rise to pay trib- OF TEXAS United States from Mexico as a young man. ute to the life of Magdaleno Duenas, a World IN THE HOUSE OF REPRESENTATIVES Maria became the first member of her family War II military hero who passed away on Feb- to attend college and graduated with a degree ruary 27 at the age of 90. Thursday, March 3, 2005 in accounting from the University of Dayton. We honor and thank him for his courageous Mr. CUELLAR. Mr. Speaker, I rise today to Her career brought her to San Diego more military service and the sacrifices he made for honor the important contributions of Judge than a decade ago. A longtime feminist and

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.066 E03PT1 March 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E367 supporter of NOW, she jumped whole- frastructure, and rely on government-sup- tion does not grant credit unions that currently heartedly into local politics. Through her volun- ported security, research, and traffic control- lack the authority to offer alternative capital teering, Maria developed contacts that brought lers. The U.S. Transportation Security Admin- accounts the authority to do so, nor does it her into the San Diego Democratic Club. istration alone received $5.2 billion in federal confer upon the National Credit Union Admin- Called ‘‘a staple of the work crew,’’ Maria funding for security this year, yet Amtrak sus- istration (NCUA) the regulatory authority or quickly distinguished herself through her par- tains its own security force. Unlike aviation, discretion to authorize such accounts now or ticipation. She was elected Chairwoman of the highways, and transit, there is no dedicated in the future. This amendment is intended to Women’s Caucus in 1999 and Executive Vice fund for investing in passenger rail develop- address a narrow and technical accounting President in 2001. ment. issue and in the process simply maintain the Maria has left behind a legacy. The Presi- For fiscal year 2005, the Administration pro- status quo so that, in the case of merging dent of the San Diego Democratic Club had posed $900 million for Amtrak and budgeted credit unions, 2 + 2 can continue to equal 4. the following to say, ‘‘As we do things within $1.4 billion for each year thereafter. It is ap- Currently, under the ‘‘pooling of interests’’ our club—increasing its diversity, making it parent that the current proposal to cut funding method of accounting, if a credit union with $2 more woman-friendly—it will be in no small for passenger rail represents a drastic and million in retained earnings merges with an- part due to the memory of Maria. ‘‘ dangerous turnaround in the President’s pol- other credit union with $2 million in retained Mr. Speaker, I would like to express my icy. Seeking no funds for direct Amtrak ex- earnings, the surviving credit union has $4 mil- deepest sympathy to Maria Plasencia’s family penses and ceding control of the railroad to a lion in retained earnings: 2 + 2 = 4. In the ab- by celebrating her life and contributions to the bankruptcy trustee, whose sole legal responsi- sence of this amendment, when the ‘‘purchase San Diego community. Maria was admired by bility is to Amtrak’s creditors, would put the fu- method’’ of accounting becomes mandatory so many for her dedication to women’s issues ture of rail travel on very uncertain footing. for credit union mergers, if a credit union with and the friendly and effective manner she Furthermore, the proposed budget provides $2 million in retained earnings merges with brought to activities. She will be greatly $360 million to continue commuter rail traffic another credit union with $2 million in retained missed. on the Northeast Corridor, but only after Am- earnings, the surviving credit union will only f trak ceases operations. As some of my col- have $2 million in retained earnings: 2 + 2 = leagues have recognized, the Administration’s 2! That inequitable conclusion results from the IN SUPPORT OF PASSENGER RAIL proposal anticipates a period during which all fact that the Federal Credit Union Act defines Amtrak services, including those on the North- the ‘‘net worth’’ of a federally-insured credit HON. MICHAEL N. CASTLE east Corridor, would by stopped. With over union as ‘‘GAAP retained earnings’’ and under OF DELAWARE 1,700 trains operating over some portion of Generally Accepted Accounting Principles IN THE HOUSE OF REPRESENTATIVES the Washington-Boston route each day, states when utilizing the ‘‘purchase method’’ of ac- Thursday, March 3, 2005 would be devastated if forced to handle the counting only $2 million would be categorized disruption and congestion that terminating Am- as ‘‘retained earnings’’ while the other $2 mil- Mr. CASTLE. Mr. Speaker, I rise to disagree trak service would trigger. lion would be classified as ‘‘acquired equity.’’ with the President’s proposal to eliminate fed- In closing, Mr. Speaker, while the Presi- Many credit union mergers are done at the eral funding for passenger rail. On February 7, dent’s plan undoubtedly includes some rec- request of the NCUA as a way of dealing in President Bush presented a budget proposal ommendations worth considering, the facts are a constructive way with troubled institutions. to Congress that contained no funding for Am- clear; Amtrak needs federal support to survive, Accordingly, it is in the public interest to rede- trak. As explanation, the provision states: just like highways, ports, and airlines. I am fine the term ‘‘net worth’’ for PCA purposes so ‘‘With no subsidies, Amtrak would quickly one of many Republicans in Congress eager that a credit union is not unfairly penalized enter bankruptcy, which would likely lead to to improve the safety, efficiency, and ridership and its net worth diminished merely because the elimination of inefficient operations and the of passenger rail. Putting Amtrak on the chop- of an antiquated definition contained in the reorganization of the railroad through bank- ping block directly contradicts this goal. Doz- Federal Credit Union Act. It is with this in mind ruptcy procedures. Ultimately, a more rational ens of reform proposals exist without jeopard- that I have introduced H.R. 1042 today. I hope passenger rail system would emerge, with izing the viability of Amtrak and they should be that we will be able to move this important leg- service on routes where there is real ridership openly debated in Congress. islation for credit unions through the Financial demand and support from local govern- f Services Committee and this body in a timely ments—such as the Northeast Corridor.’’ fashion. Last year, Amtrak carried 25 million pas- H.R. 1042, THE NET WORTH AMEND- f sengers on 22,000 miles of track with approxi- MENT FOR CREDIT UNION ACT mately 20,000 employees, including close to HONORING THE CONTRIBUTIONS 2,000 employees based in my state of Dela- HON. SPENCER BACHUS OF LAREDO CITY COUNCILMAN ware. In addition to operating 300 daily inter- OF ALABAMA ALFREDO AGREDANO city trains, close to 850,000 daily rail com- IN THE HOUSE OF REPRESENTATIVES muters throughout the country also depend on Thursday, March 3, 2005 HON. HENRY CUELLAR operating agreements with Amtrak. While the OF TEXAS Administration’s goal is apparently to improve Mr. BACHUS. Mr. Speaker, earlier today, I, IN THE HOUSE OF REPRESENTATIVES passenger rail by shutting it down, I surmise along with 15 of my colleagues introduced that eliminating federal funding for rail trans- H.R. 1042, the Net Worth Amendment For Thursday, March 3, 2005 portation would jeopardize the livelihood, and Credit Unions Act. This amendment to Section Mr. CUELLAR. Mr. Speaker, I rise today to threaten the safety, of millions of riders and 216 of the Federal Credit Union Act (12 USC honor the important contribution of Council thousands of communities who depend on 1790d(0)(2)(A)) redefines the term ‘‘net worth’’ Member District 1 Alfredo Agredano in Laredo, Amtrak. for Prompt Corrective Action (PCA) purposes TX in my Congressional District. No country in the world operates an effec- for credit unions. This legislation is needed in Alfredo Agredano was born on August 28, tive passenger rail system without government order to avoid an unintended consequence 1948 in Grafton, North Dakota. He was the subsidies. In fact, countries such as Germany caused by an accounting change that the Fi- second of 9 children born to migrant workers and Japan, which have well-developed pas- nancial Accounting Standards Board (‘‘FASB’’) Norberto and Francisca Agredano. After at- senger rail networks but much smaller popu- is about to promulgate, requiring credit unions tending elementary schools in Corpus Christi, lations, invest $3–4 billion annually, over 20 to utilize the ‘‘purchase method’’ of accounting TX, Mr. Agredano and his family moved back percent of their total transportation spending. rather than the ‘‘pooling of interests’’ method to Laredo, TX at the age of thirteen. From In contrast, Amtrak’s appropriation of $1.217 of accounting to account for credit union merg- there he attended L.J. Christen Jr. High billion last year equaled only two percent of ers. School and graduated from Martin High the Department of Transportation’s $59 billion This amendment does not affect accounting School in 1968. budget. practices; credit unions will be required to use The following year he went on to joining the Directly, or indirectly, the United States sub- the ‘‘purchase method’’ of accounting for United States Marine Corps. During his stay, sidizes all our forms of transportation, with rail mergers in order to receive a clean audit. It he became a Viet-Nam veteran and received receiving the least amount by far. Other should be noted that FASB itself has stated an Honorable Discharge from the Marine modes of transportation operate on predomi- that it sees no problem with the amendment Corps with the rank of sergeant. Not only did nantly federally owned or federally assisted in- from an accounting perspective. The legisla- Mr. Agredano serve his country proudly, he

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.069 E03PT1 E368 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2005 also went on to earn an Associate Degree in isting commuter operations should Amtrak proximately 850,000 commuters each day de- Law Enforcement from Laredo Community shut down. pend on operating agreements with Amtrak, College. The shutdown of Amtrak would cause wide Amtrak-owned infrastructure, or shared oper- Mr. Agredano went on to work for the La- disruption and hardship. Millions of pas- ations. redo Fire Department for 7 years. For the past sengers—many of whom can’t afford a car or f 25 years he has been an employee of the a plane ticket—would be stranded. Millions of INTRODUCTION OF ‘‘INFORMATION United States Post Office. travelers would be added to already con- As a long life resident of Laredo, TX, Mr. gested roads and airports. PROTECTION AND SECURITY Agredano went on to be elected to the Laredo Residents of 106 U.S. cities, which have no ACT’’ AND ‘‘SOCIAL SECURITY City Council in 1998 and re-elected in 2002 in air service and are well over 25 miles away NUMBER PROTECTION ACT’’ which he ran unopposed. from the nearest airport, would have to find Councilman Agredano has been married to new transportation alternatives. HON. EDWARD J. MARKEY Geraldine Valdez for the past 21 years. He Amtrak’s 20,000 workers would be out on OF MASSACHUSETTS has 8 wonderful children and 3 grandchildren. the streets looking for new jobs. Local econo- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I am proud to have this oppor- mies and businesses that have benefited from Thursday, March 3, 2005 tunity to recognize the hard work of Council- Amtrak’s service would suffer. Mr. MARKEY. Mr. Speaker, today I am in- man Alfredo Agredano. Amtrak serves my state of Ohio with four troducing two bills aimed at protecting the pri- f long-distance trains: The Capital Limited (daily vacy of personally identifiable individual infor- Chicago-Cleveland-Pittsburgh-Washington, mation and making it more difficult for unau- EXPRESSING SYMPATHY TO DC); The Cardinal (tri-weekly Chicago-Cin- JUDGE JOAN HUMPHREY thorized persons to obtain access to such cinnati-Washington, DC-New York); The Lake data. LEFKOW AND FAMILY Shore Limited (daily Chicago-Cleveland-Buf- In Bonfire of the Vanities, the novelist Tom falo-Boston-New York); and The Three Rivers Wolfe wrote about ‘‘The Bororo Indians, a HON. RAHM EMANUEL (daily New York-Philadelphia-Akron-Chicago). primitive jungle tribe who live along the OF ILLINOIS During Fiscal Year 2004 Amtrak served the Vermelho River in the Amazon Jungles of IN THE HOUSE OF REPRESENTATIVES following Ohio locations: Brazil.’’ According to Wolfe, the Bororos be- City and ridership; Akron—7,930; Alliance— Thursday, March 3, 2005 lieved that ‘‘there is no such thing as a private 2,324; Bryan—6,204; Cincinnati—11,632; self.’’ Instead, they ‘‘regard the mind as an Mr. EMANUEL. Mr. Speaker, I rise to ex- Cleveland—35,394; Elyria—2,651; Fostoria— open cavity, like a cave or a tunnel or an ar- press my sincere sympathy to Judge Joan 1,935; Hamilton—1,483; Sandusky—4,098; cade, if you will, in which the entire village Humphrey Lefkow and her entire family after Toledo—59,661, and Youngstown—4,417. dwells and the jungle grows.’’ Wolfe compared the tragic deaths of her husband, Michael F. Total Ohio Ridership: 137,729. this to the situation faced by his protagonist, Lefkow, and her mother, Donna Grace Hum- Amtrak expended $9,567,180 for goods and Sherman McCoy, who was caught in the mid- phrey. services in Ohio in Fiscal Year 2004. Much of dle of a public scandal in the last quarter of The city of Chicago and the entire nation this money was spent in the following loca- the 20th century. have been shaken by these horrific murders. tions: Cleveland, $2,458,778; and Columbus $ In the 21st century, we now face the pros- While we watched the headlines every day 1,540,264. pect of a world in which all of us—not just this week, we ask ourselves how such terrible During fiscal year 2004, Amtrak employed someone in the midst of scandal—will be crimes could have taken place, and we hope 88 Ohio residents. Total wages of Amtrak em- forced to live without a private self: with the those answers come sooner than later. ployees living in Ohio were $4,609,915 during entire ‘‘village’’ able to obtain access to some Michael Lefkow spent his life fighting to pro- this period. of the most personal aspects of our lives. tect civil rights for all Americans—marching The Railroad Retirement and Unemploy- In the emerging surveillance society of the with Martin Luther King, Jr., arguing cases be- ment programs, which cover employees of all 21st century, the data mining and information fore the Supreme Court, and representing the railroads, freight and passenger, would be de- brokerage firms, much like Wolf’s Bororo Indi- poor and underserved in his law practice. To pleted. According to the Railroad Retirement ans, believe that there is no such thing as a all who knew and loved him, Michael was a Board, without the participation of Amtrak, em- private self. These companies are collecting dedicated family man and an active member ployer and employee payroll taxes would need and selling a vast array of personal informa- of his church who used his time and his ex- to be increased from the current 16 percent to tion about the American public. For a fee, pertise to make life better for so many others. 27 percent in 2027. Those tax increases, how- these companies will tell you someone’s So- Judge Lefkow is also a dedicated public ever, would ultimately be insufficient and seri- cial Security number, their address, phone servant, committed to her family and her com- ous cash flow problems for Railroad Retire- number, driver’s license number, driving munity and with a reputation for fairness in her ment would begin in 2031. record, any criminal record information, court judicial decisions. Cash reserves for the Railroad Unemploy- records, insurance claims, divorce records, I want to particularly express sympathy to ment Insurance Account would be exhausted and even credit and financial information. Michael Lefkow’s daughter and Donna Hum- by 2006, and nearly $297 million would have Recent press reports indicate that phrey’s granddaughter, Laura, who attended to be borrowed from the Railroad Retirement ChoicePoint, an information broker and data high school on the northwest side of Chicago, account to make up for losses. Ultimately, Am- mining firm, had allowed a group of Nigerian won my district’s entry in the Congressional trak’s unemployment benefit costs would be con artists to get access to names, Social Se- Arts Contest in 2003, and volunteered in my borne by other railroads. In Fiscal Year 2004, curity numbers, and other personal information Washington office during the summer of 2004. Ohio had a passenger rail ridership of about 140,000 Americans, including roughly Mr. Speaker, my prayers and thoughts are 137,729. 1,100 Massachusetts residents. Apparently with Judge Lefkow, Laura, and the entire While the United States once had a pas- this is not the first time that ChoicePoint has Lefkow family in this difficult hour. senger rail system that was the envy of the allowed criminal identity thieves to get access f world, a lack of capital investment has stalled to such information. Two years ago, a similar the advancement of corridor development problem reportedly occurred at the same com- AMTRAK FUNDING throughout the country. pany. Dependent upon an annual federal appro- Unchecked, these companies take advan- HON. STEPHANIE TUBBS JONES priation, Amtrak’s national network is con- tage of the most valuable possessions that OF OHIO stantly threatened by under-investment, lack of Americans have: their personal identities. IN THE HOUSE OF REPRESENTATIVES a clearly articulated federal rail policy, and an Companies like ChoicePoint are playing Rus- uncertain future. sian roulette with the personal information and Thursday, March 3, 2005 Mr. Speaker, I rise to reiterate my outrage identities of millions of Americans. If we don’t Mrs. JONES of Ohio. Mr. Speaker, I rise to over a budget that cuts out a program that take steps to protect America’s consumers express my dissatisfaction with the President’s carried 25 million passengers in 2004; oper- soon, it is not a question of whether or not Fiscal Year 2006 budget that zeroes out fund- ates a nationwide rail network, serving over more Americans will lose their privacy—it is ing for Amtrak, eliminates funding for high- 500 stations in 46 states on 22,000 miles of question of when will the next ID theft scandal speed rail, and provides $360 million to the track with approximately 20,000 employees; hit. We must take immediate action to protect Surface Transportation Board to maintain ex- and operates 300 daily intercity trains, ap- consumers from more information breaches.

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.073 E03PT1 March 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E369 The ‘‘Information Protection and Security cessful law practice, Casteel and Casteel, with HONORING THE LIFE OF RAY Act,’’ which I am introducing today in the her son. She has also been involved in a wide MCKENNA House, and which Senator NELSON of Florida variety of community organizations, including is introducing in the Senate, would do three the Comal County United Way, Communities HON. JOHN B. LARSON basic things: in Schools, Habitat For Humanity, and the OF CONNECTICUT 1. Subject information brokers like Texas Historic Courthouse Preservation Com- IN THE HOUSE OF REPRESENTATIVES ChoicePoint to federal regulation by the Fed- mittee. She had the honor of being appointed Thursday, March 3, 2005 eral Trade Commission, and specifically, re- to the Battleship Texas Advisory Board by quire such brokers to comply with a set of new President George W. Bush, and has served as Mr. LARSON of Connecticut. Mr. Speaker, I fair information practice rules that the FTC President of the Comal Independent School rise today to pay tribute to Ray McKenna of would be required to issue within 6 months of District Board of Trustees. East Hartford, a community sports leader, enactment. Mr. Speaker, throughout her career, Carter champion, and friend, who passed away Tues- 2. The FTC rules that the bill mandates will Casteel has been an advocate for education, day, March 1, 2005. require information brokers to better secure tax reduction, preservation of natural re- A hometown hero, Ray defined integrity, the information in their possession, grant con- sources and the community values for which commitment, and generosity of spirit and vi- sumers the right to obtain access to and cor- the Hill Country of Texas is known. She has sion to his family and the East Hartford com- rect information held by the broker, require in- done a great deal of good for her community, munity. For kids like me growing up in East formation brokers to protect information from and I am pleased to have this opportunity to Hartford, the man from Burnside—Ray unauthorized users, and prohibit users of an offer her my thanks. McKenna was a legend. At East Hartford information broker to obtain the information for High, Ray demonstrated his competitive na- impermissible or unlawful purposes. f ture in athletics and excelled at basketball, 3. The bill’s requirements will be enforce- football and baseball. In 1939, he was the in- able through the FTC, which would be em- RECOGNIZING MR. GEORGE strumental cog in East Hartford’s first Con- powered to bring civil actions to punish and HENSEL necticut state basketball championship. With a fine violators; the State Attorney’s General, sense of duty to his country, Ray enlisted in who could bring similar actions; and con- HON. HILDA L. SOLIS the U.S. Navy during World War II and was sumers, who would be empowered to bring a stationed in the Philippines and the Aleutian OF CALIFORNIA private right of action. Islands. Upon his return, Ray organized a My second bill, the ‘‘Social Security Number IN THE HOUSE OF REPRESENTATIVES local fast-pitch softball team, the legendary Protection Act,’’ would bring a halt to unregu- Thursday, March 3, 2005 Burnside Dovelettes in 1947. For 30 years, he lated commerce in Social Security numbers. lead the Dovelettes to the top of the semipro Ms. SOLIS. Mr. Speaker, I rise today to pay league with a record of 1,831–339. While em- This bill would make it a crime for a person to tribute to Mr. George Hensel, a recipient of the sell or purchase Social Security numbers. ployed by the East Hartford Post Office, Ray West San Gabriel Valley Boys and Girls Club formed the Marco Polo Explorers basketball Under the bill, the FTC would be given rule- Humanitarian Award. This prestigious award is making authority to restrict the sale of Social team and coached them to 13 New England being given to Mr. Hensel to recognize his life- Basketball Association titles. In 35 years, the Security numbers, determine appropriate ex- time achievements and accomplishments. emptions, and to enforce civil compliance with semipro team held an unparallel record of Mr. Hensel was born and raised in East Los the bill’s restrictions. The bill would also au- 1,123 to 245. Ray also founded and directed Angeles and served our country honorably as thorize the States to enforce compliance, and the annual Tap-Off Club Hall of Fame dinner a Merchant Marine from 1942 to 1950. Mr. provide for appropriate penalties. to honor East Hartford athletes for 28 years. Hensel has a long history of leadership in the I look forward to working with my colleagues Although Ray retired from the Post Office in community including: Chairman of the Board in the House and the Senate to see to it that 1985, his long interest in sports continued and of Directors at Beverly Community Hospital; these two bills are enacted into law. he became Sports Editor for the East Hartford founding President and Board Member Emer- f Gazette—the most widely read column in the itus of Beverly Community Hospital Founda- town. RECOGNIZING THE CONTRIBU- tion; Chairman of the Board of Directors at The impact Ray has had on the town of TIONS OF TEXAS STATE REP- Woodbury University; President and Founder East Hartford is inspirational. In 1984, East RESENTATIVE CARTER CASTEEL of the California Driving School Association; Hartford honored Ray’s devotion to athletics President and Co-Founder of Driving School by dedicating a local sports field in his name. HON. HENRY CUELLAR Association of the Americans; member of the For over two decades, Ray McKenna Field Board of Directors at Don Bosco Technical In- OF TEXAS has been the home for baseball teams of all stitute; member of the Board of Directors of IN THE HOUSE OF REPRESENTATIVES ages, including the Hartford Hawks. In 1985, the Montebello Police Activities League; Chair- Ray was presented with the Gold Key, the Thursday, March 3, 2005 man of the Montebello Planning Commission; most prestigious sports’ award in the state of Mr. CUELLAR. Mr. Speaker, I rise today to Director of the West San Gabriel Valley Boys Connecticut. The Gold Key is awarded by the recognize Carter Casteel for her service to the and Girls Club; advisory board member of the Connecticut Sports Writer’s Alliance to those people of Texas. Salvation Army; Chairman of Assemblyman like Ray, who have made noteworthy contribu- Carter Casteel was born in Monahans, Jack Fenton’s Citizen’s Advisory Committee; tions to athletics in Connecticut. Representing Texas. She comes from a family with a tradi- member of District Attorney Evelle Youngers one of Connecticut’s finest, Ray was also in- tion of public service; her mother was Citizen’s Advisory Committee on crime; Presi- ducted into the New England Basketball Hall Monahans city secretary during the commu- dent of the East Los Angeles Rotary Club; and of Fame at the University of Rhode Island in nity’s early founding, and was one of the first President of the Montebello Toastmasters 2003. women elected to office in West Texas. Club. Mr. Hensel remains a Rotarian with 43 With all his good works and awards of rec- Ms. Casteel studied at the University of years of perfect weekly attendance. ognition, Ray will most be remembered for his Texas, where she majored in government and The above community involvement is in ad- honest love of the game. He lived everyday history. She received her Masters from South- dition to Mr. Hensel’s significant achievements giving back to his community and inspired the west Texas State University, and moved with in his professional and personal life. He has best in all of us. To Ray, true victory was the her husband and children to New Braunfels. received numerous honors and recognitions result of discipline, confidence, and heart. His After a stint as a public school teacher in culminating in this recognition for his lifetime giving nature, generous laugh and Irish wit will Comal, she attended law school and began of accomplishments and community service. be missed by all those who knew him. For my practicing law in 1985. She was elected to the His loving family consists of 6 children, 20 family and myself, we will forever treasure and office of Comal County Judge in 1990, and grandchildren, 29 great-grandchildren and 6 value this wonderful man who so loved the served there until 1999. She was elected to great-great grandchildren. game, the competition, and the camaraderie of the Texas House of Representatives in 2001, Mr. Hensel’s contributions are a shining ex- sports and made it the centerpiece of his life and works to represent the Texas Hill country ample of positive community involvement and in East Hartford, the state of Connecticut and and its interests. service. It gives me great pleasure to honor throughout the Nation. In addition to her public service career, Mr. George Hensel for a lifetime of service, Our hearts go out to the entire McKenna Carter Casteel has found time to run a suc- dedication and philanthropic involvement. family, especially his beloved wife Josephine,

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.077 E03PT1 E370 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2005 his son Michael, and daughters Dorene, State Representative Patrick Rose is serv- His efforts on behalf of his constituents were Susan and Carol, eight grandchildren and four ing his second term as a member of the recognized when he was featured in Texas great-grandchildren. Texas House of Representatives and currently Monthly as ‘‘Rookie of the Year’’ during his f holds the position of Vice Chair of the House freshman session. He was also honored with Committee on Civil Practices and is also a RECOGNIZING THE CONTRIBU- the ‘‘2003 Civil Justice Leadership Award,’’ the member of the Higher Education Committee TIONS OF STATE REPRESENTA- ‘‘Texas Medicine’s Best’’ and the ‘‘Young Pro- and the Calendars committee. TIVE PATRICK ROSE fessional of the Year Award.’’ Patrick Rose is He represents the House 45th district which a credit to his community and a tremendous covers Blanco, Caldwell and Hay’s Counties. resource to his county. HON. HENRY CUELLAR He is working on various state issues such as OF TEXAS insurance reform, ethics reform and the public Mr. Speaker, I am honored to have had this IN THE HOUSE OF REPRESENTATIVES education system. He is a member of the opportunity to recognize the many achieve- Thursday, March 3, 2005 higher Education Committee and works close- ments of State Representative Patrick Rose. Mr. CUELLAR. Mr. Speaker, I rise to recog- ly with Texas State University on issues such nize State Representative Patrick M. Rose for as college affordability and creating scholar- a lifetime of distinguished public service. ships.

VerDate Aug 04 2004 05:49 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.080 E03PT1 Thursday, March 3, 2005 Daily Digest Senate provision and to amend the payment of insurance Chamber Action benefits to retirees. Pages S1994–95 Routine Proceedings, pages S1959–S2051 By 40 yeas to 54 nays (Vote No. 25), Durbin Measures Introduced: Thirty bills and three resolu- Amendment No. 49, to protect employees and retir- tions were introduced, as follows: S. 500–529, and ees from corporate practices that deprive them of S. Res. 69–71. Pages S2003–04 their earnings and retirement savings when a busi- ness files for bankruptcy. Pages S1985–91, S1995–96 Measures Passed: Pending: Congressional Rule Disapproval: By a vote of 52 Leahy Amendment No. 26, to restrict access to yeas to 46 nays (Vote No. 19), Senate passed S.J. certain personal information in bankruptcy docu- Res. 4, providing for congressional disapproval of the ments. Page S1979 rule submitted by the Department of Agriculture Feinstein Amendment No. 19, to enhance disclo- under chapter 8 of title 5, United States Code, relat- sures under an open end credit plan. Page S1979 ing to risk zones for introduction of bovine Kennedy Amendment No. 44, to amend the Fair spongiform encephalopathy. Pages S1961–79 Labor Standards Act of 1938 to provide for an in- Commemorating 40th Anniversary of Bloody crease in the Federal minimum wage. Sunday: Senate agreed to S. Res. 70, commemo- Pages S1979–80, S1981 rating the 40th anniversary of Bloody Sunday. Dorgan/Durbin Amendment No. 45, to establish a special committee of the Senate to investigate the Pages S2045, S2050 awarding and carrying out of contracts to conduct Bankruptcy Reform Act: Senate continued consid- activities in Afghanistan and Iraq and to fight the eration of S. 256, a bill to amend title 11 of the war on terrorism. Pages S1983–84 United States Code, taking action on the following Pryor Amendment No. 40, to amend the Fair amendments proposed thereto: Pages S1979–97 Credit Reporting Act to prohibit the use of any in- Adopted: formation in any consumer report by any credit card Specter Amendment No. 48, to increase bank- issuer that is unrelated to the transactions and expe- ruptcy filing fees to pay for the additional duties of rience of the card issuer with the consumer to in- United States trustees and the new bankruptcy crease the annual percentage rate applicable to credit judges added by this Act. Pages S1985, S1994 extended to the consumer. Pages S1984–85 Rejected: Reid (for Baucus) Amendment No. 50, to amend By 24 yeas to 74 nays (Vote No. 20), Dayton section 524(g)(1) of title 11, United States Code, to Amendment No. 31, to limit the amount of interest predicate the discharge of debts in bankruptcy by an that can be charged on any extension of credit to 30 vermiculite mining company meeting certain criteria percent. Pages S1979, S1981–82 on the establishment of a health care trust fund for By 37 yeas to 61 nays (Vote No. 21), Nelson (FL) certain individuals suffering from an asbestos related Amendment No. 37, to exempt debtors from means disease. Pages S1996–97 testing if their financial problems were caused by A unanimous-consent agreement was reached pro- identity theft. Pages S1982–83 viding for further consideration of the bill at 9:30 By 40 yeas to 58 nays (Vote No. 22), Durbin a.m., on Friday, March 4, 2005; that in addition to Amendment No. 38, to discourage predatory lending Kennedy Amendment No. 44 (listed above), it be in practices. Page S1984 order for Senator Santorum to offer a first degree By 39 yeas to 56 nays (Vote No. 23), Schumer amendment related to the minimum wage issue; that Amendment No. 42, to limit the exemption for on Monday, March 7, 2005, there be 3 hours of de- asset protection trusts. Pages S1980–81, S1991–94 bate equally divided between Senator Santorum and By 40 yeas to 54 nays (Vote No. 24), Rockefeller Senator Kennedy, or their designees; and that at Amendment No. 24, to amend the wage priority 5:30 p.m., on Monday, March 7, 2005, the Senate D172

VerDate Aug 04 2004 05:10 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MR5.REC D03MR5 March 3, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D173 proceed to a vote on Kennedy Amendment No. 44, COMMITTEE ORGANIZATION to be followed by a vote on the amendment offered Committee on the Budget: On January 31, 2005, Com- by Senator Santorum, with no amendments in order mittee adopted its rules of procedure for the 109th to either amendment, and that if either amendment Congress. does not receive 60 votes in the affirmative, that the Senate action on the amendment be vitiated and the DEPARTMENT OF ENERGY BUDGET amendment be immediately withdrawn. Pages S2050–51 Committee on Energy and Natural Resources: Committee concluded a hearing to examine the President’s pro- Messages From the House: Page S2002 posed budget request for fiscal year 2006 for the De- Measures Referred: Page S2002 partment of Energy, after receiving testimony from Executive Communications: Page S2002 Samuel W. Bodman, Secretary of Energy. Petitions and Memorials: Pages S2002–03 BUSINESS MEETING Additional Cosponsors: Pages S2004–05 Committee on Foreign Relations: Committee ordered fa- Statements on Introduced Bills/Resolutions: vorably reported an original bill, entitled Foreign Pages S2005–45 Relations Authorization Act, fiscal years 2006 and Additional Statements: Pages S2001–02 2007, to authorize appropriations for the Depart- ment of State and international broadcasting activi- Amendments Submitted: Pages S2046–49 ties for fiscal years 2006 and 2007, for foreign assist- Notices of Hearings/Meetings: Page S2049 ance programs for fiscal years 2006 and 2007. Authority for Committees to Meet: Pages S2049–50 DRUG SAFETY Record Votes: Seven record votes were taken today. (Total—25) Pages S1979, S1982–83, S1984, S1994, S1995 Committee on Health, Education, Labor, and Pensions: Committee concluded a hearing to examine the Food Adjournment: Senate convened at 9:30 a.m., and and Drug Administration’s process of ensuring drug adjourned at 7:15 p.m., until 9:30 a.m., on Friday, safety, after receiving testimony from Janet March 4, 2005. (For Senate’s program, see the re- Woodcock, Acting Deputy Commissioner for Oper- marks of the Majority Leader in today’s Record on ations, Food and Drug Administration, Department pages S2050–51.) of Health and Human Services; Cecil B. Wilson, American Medical Association, Winter Park, Florida; Committee Meetings Keith L. Carson, The Williamsburg BioProcessing Foundation, Virginia Beach, Virginia; Raymond L. (Committees not listed did not meet) Woosley, University of Arizona Critical Path Insti- tute, Tucson; and Bruce M. Psaty, University of APPROPRIATIONS: U.S. FOREST SERVICE Washington Cardiovascular Health Research Unit, Seattle. Committee on Appropriations: Subcommittee on Interior concluded a hearing to examine proposed budget es- NOMINATIONS timates for fiscal year 2006 for the U.S. Forest Serv- ice, after receiving testimony from Mark E. Rey, Committee on the Judiciary: Committee concluded a Under Secretary for Natural Resources and Environ- hearing to examine the nominations of Terrence W. ment, and Dale N. Bosworth, Forest Service Chief, Boyle, of North Carolina, to be United States Circuit both of the Department of Agriculture. Judge for the Fourth Circuit, James C. Dever III, to be United States District Judge for the Eastern Dis- DEFENSE AUTHORIZATION REQUEST trict of North Carolina, and Robert J. Conrad, Jr., Committee on Armed Services: Committee continued to be United States District Judge for the Western hearings to examine the proposed Defense Authoriza- District of North Carolina, who were introduced by tion Request for fiscal year 2006 and the Future Senators Dole and Burr, after each nominee testified Years Defense Program, after receiving testimony and answered questions in their own behalf. from General James L. Jones, Jr., USMC, Com- mander, U.S. European Command and Supreme Al- INTELLIGENCE lied Commander, Europe; General John P. Abizaid, Select Committee on Intelligence: Committee held closed USA, Commander, U.S. Central Command; and hearings on intelligence matters, receiving testimony General Bryan D. Brown, USA, Commander, U.S. from officials of the intelligence community. Special Operations Command. Committee recessed subject to call.

VerDate Aug 04 2004 05:10 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MR5.REC D03MR5 D174 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 2005 MEDICARE MODERNIZATION ACT ing testimony from Mark B. McClellan, Adminis- Special Committee on Aging: Committee concluded a trator, Centers for Medicare and Medicaid Services, hearing to examine implementation of the Medicare Department of Health and Human Services; Tina Modernization Act regarding delivering prescription Kitchin, Oregon Department of Human Services, drugs to low-income beneficiaries eligible for both Salem; Carl Clark, Mental Health Center of Denver, Denver, Colorado; and Wendy Gerlach, Roeschen’s Medicare and Medicaid, dual eligibles, after receiv- Omnicare Pharmacy, Milwaukee, Wisconsin. h House of Representatives that such vacancies exist (by a recorded vote of 192 Chamber Action ayes to 229 noes, Roll No. 49); and Measures Introduced: 66 public bills, H.R. Pages H961–64, H965–66 1068–1133; and 8 resolutions, H. Con. Res. 82–86, Jackson-Lee amendment (no. 2 printed in H. and H. Res. 135–137, were introduced. Rept. 109–10) that affects the time in which a per- Pages H980–84 son may file a lawsuit arising out of the Speaker’s Additional Cosponsors: Pages H984–85 announcement of vacancies in excess of 100 (by a re- Reports Filed: No reports were filed today. corded vote of 183 ayes to 239 noes, Roll No. 50). Pages H964–65, H966–67 Speaker: Read a letter from the Speaker wherein he The Baird motion that the Committee rise and appointed Representative LaTourette to act as Speak- strike the enacting clause was withdrawn. Page H967 er Pro Tempore for today. Page H945 Agreed to amend the title so as to read: to require Continuity in Representation Act of 2005: The States to hold special elections to fill vacancies in the House passed H.R. 841, to require States to hold House of Representatives not later than 49 days after special elections to fill vacancies in the House of the vacancy is announced by the Speaker of the Representatives not later than 45 days after the va- House of Representatives in extraordinary cir- cancy is announced by the Speaker of the House of cumstances. Pages H970–71 Representatives in extraordinary circumstances, by H. Res. 125, the rule providing for consideration voice vote. The voice vote was later vacated and the of the bill was agreed to by a voice vote. Page H970 measure was passed by a recorded vote of 329 ayes Agreed by voice vote to the Cole amendment to to 68 noes, Roll No. 52. Pages H948–70 the rule that provides for the consideration of a man- Rejected the Conyers motion to recommit the bill ager’s amendment and an amendment in lieu of the to the Committee on House Administration with in- amendment numbered 1, printed in H. Rept. structions to report the bill back to the House forth- 109–10. Page H953 with with an amendment, by a recorded vote of 196 Meeting Hour: Agreed that when the House ad- ayes to 223 noes, Roll No. 51. Pages H967–69 journ today, it adjourn to meet at noon on Monday, The amendment in the nature of a substitute rec- March 7, and further that when it adjourn on that ommended by the Committee on House Administra- day, it adjourn to meet at 12:30 p.m. on Tuesday, tion, now printed in the bill, was considered as an March 8 for Morning Hour debate. Page H972 original bill for the purpose of amendment. Page H959 Calendar Wednesday: Agreed to dispense with the Agreed To: Calendar Wednesday business of Wednesday, March Manager’s amendment that increases the time 9. Page H972 frame for expedited special elections to 49 days. Committee Appointment: The Chair announced Pages H970–71 the Speaker’s appointment of the following Members Rejected: of the House to the Joint Economic Committee, in Millender-McDonald amendment (made in order addition to Representative Saxton, appointed January under H. Res. 125 and in lieu of amendment no. 1 20, 2005: Representatives Ryan (WI), English (PA), printed in H. Rept. 109–10) providing that expe- Paul, Brady, McCotter, Maloney, Hinchey, Loretta dited special elections shall take place not later than Sanchez (CA), and Cummings. Page H972 60 days after the Speaker of the House announces

VerDate Aug 04 2004 05:10 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MR5.REC D03MR5 March 3, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D175 House of Representatives Page Board—Appoint- ENERGY AND WATER DEVELOPMENT AND ment: The Chair announced the Speaker’s appoint- RELATED AGENCIES APPROPRIATIONS ment of the following Members of the House to the Committee on Appropriations: Subcommittee on Energy House of Representatives Page Board: Representa- and Water Development, and Related Agencies held tives Shimkus and Capito. Pages H977–78 a hearing on U.S. Army Corps of Engineers. Testi- Quorum Calls—Votes: Four recorded votes devel- mony was heard from the following officials of the oped during the proceedings of today and appear on U.S. Army Corps of Engineers: John P. Woodley, pages H965–66, H966–67, H969, H970. There Jr., Principal Deputy Secretary, (Civil Works); and were no quorum calls. LTG Carl Strock, USA, Chief of Engineers. Adjournment: The House met at 10 a.m. and ad- The Subcommittee also held a hearing on the Bu- journed at 3:45 p.m. reau of Reclamation. Testimony was heard from the following officials of the Department of the Interior: Gale A. Norton, Secretary; and John W. Keys, III, Committee Meetings Commissioner, Bureau of Reclamation. CFTC REAUTHORIZATION INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS Committee on Agriculture: Subcommittee on General Farm Commodities and Risk Management held a Committee on Appropriations: Subcommittee on Inte- hearing on the Reauthorization of the Commodity rior, Environment, and Related Agencies held an Futures Trading Commission. Testimony was heard oversight hearing on U.S. Geological Survey/Haz- from Sharon Brown-Hruska, Acting Chairman, ards: tsunamis, landslides, earthquakes. Testimony CFTC. was heard from Charles G. Groat, Director, U.S. Ge- Hearings continue March 9. ological Survey, Department of the Interior. The Subcommittee also held a hearing on the For- AGRICULTURE, RURAL DEVELOPMENT, est Service. Testimony was heard from Dale FDA AND RELATED AGENCIES Bosworth, Chief, Forest Service, USDA. APPROPRIATIONS MILITARY QUALITY OF LIFE, AND Committee on Appropriations: Subcommittee on Agri- VETERANS AFFAIRS, AND RELATED culture, Rural Development, Food and Drug Admin- AGENCIES APPROPRIATIONS istration, and Related Agencies held a hearing on Committee on Appropriations: Subcommittee on Mili- Under Secretary for Farm and Foreign Agricultural tary Quality of Life, and Veterans Affairs, and Re- Services. Testimony was heard from following offi- lated Agencies held a hearing on Army Budget. Tes- cials of the USDA: J. B. Penn, Under Secretary, timony was heard from the following officials of the Farm and Foreign Agricultural Services; James R. Department of the Army: GEN Peter T. Little, Administrator, Farm Service Agency; A. Ellen Schoomaker, Chief of Staff; and Geoffrey Prosch, Terpstra, Administrator, Foreign Agricultural Serv- Acting Secretary, Installations and Environment. ice; Ross J. Davidson, Jr., Administrator, Risk Man- The Subcommittee also held a hearing on Cental agement Agency; and Dennis Kaplan, Budget Office. Command. Testimony was heard from GEN John P. DEPARTMENT OF HOMELAND SECURITY Abizaid, USA, Commander, U.S. Central Command, APPROPRIATIONS Department of the Army. Committee on Appropriations: Subcommittee on the De- CARE OF INJURED AND WOUNDED partment of Homeland Security held a hearing on SERVICE MEMBERS the Transportation Security Administration. Testi- Committee on Armed Services: Subcommittee on Mili- mony was heard from David Stone, Assistant Sec- tary Personnel held a hearing on the Care of Injured retary of Homeland Security for the Transportation and Wounded Service Members. Testimony was Security Administration. heard from the following officials of the Department of Defense: LTG F. L. Hagenbeck, USA, Deputy LABOR, HHS, EDUCATION, AND RELATED Chief of Staff, Personnel, G-l and MG Joseph Webb, AGENCIES APPROPRIATIONS USA, Deputy Surgeon General, both with the De- Committee on Appropriations: Subcommittee on the De- partment of the Army; VADM Gerald Hoewing, partment of Labor, Health and Human Services, USN, Chief of Naval Personnel; VADM, Donald C. Education, and Related Agencies held a hearing on Arthur, USN, Surgeon General and LTG H.P. Secretary of Health and Human Services. Testimony Osman, USMC, Deputy Commandant, Manpower was heard from Michael O. Leavitt, Secretary of and Reserve Affairs, all with the Department of the Health and Human Services. Navy; LTG Roger A. Brady, USAF, Deputy Chief of

VerDate Aug 04 2004 05:10 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MR5.REC D03MR5 D176 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 2005 Staff, Personnel and LTG George P. Taylor, Jr., NATIONAL DEFENSE AUTHORIZATION USAF, Surgeon General, both with the Department BUDGET REQUEST FISCAL YEAR 2006 of the Air Force; CWO Four James Stephen Keeton, Committee on Armed Services: Subcommittee on Ter- Arkansas National Guard; Hospital Corpsman 2nd rorism, Unconventional Threats and Capabilities Class Anthony Cuomo, U.S. Naval Reserve, Naval held a hearing on the Fiscal Year 2006 National De- Mobilization Processing Site, Naval Station San fense Authorization budget request on Tactical C–4 Diego; SrA Anthony A. Pizzifred, USAF, 343 TRS/ Systems: Why Does the DOD Have So Many Dif- DOO, Lackland Air Force Base, San Antonio, Texas; ferent Systems Performing the Same Functionality? and Sgt E5 Christopher Chandler, lst LAR Battalion/ Testimony was heard from the following officials of 1st Marine Division, USAF, Camp Pendleton, Cali- the Department of Defense: Linton Wells II, Acting fornia. Assistant Secretary, Networks and Information Inte- gration; VADM R. F. Willard, USN, Director, Force NATIONAL DEFENSE AUTHORIZATION Structure, Resources, and Assessment (DJ–8), Joint BUDGET REQUEST FISCAL YEAR 2006 Staff; LTG Robert Shea, USMC, Director, Command, Committee on Armed Services: Subcommittee on Readi- Control, Communications and Computer Systems (DJ–6), Joint Staff; and LTG Robert Wagner, USA, ness held a hearing on the Fiscal Year 2006 National Deputy Commander, U.S. Joint Forces Command. Defense Authorization budget request on the Ade- quacy of the Budget to Meet Readiness Needs. Tes- MEMBERS’ DAY timony was heard from the following officials of the Department of Defense: GEN Richard A. Cody, Committee on the Budget: Held a hearing on Members’ Day. Testimony was heard from Representatives USA, Vice Chief of Staff, Department of the Army; Petri, Berkeley, LoBiondo, Cannon, Flake, Gibbons, ADM. John B. Nathman, USN, Vice Chief of Naval Simmons, Bordallo, Shaw, Evans, Waters, Miller Operations and GEN Wiliam L. Nyland, USMC, (NC), Hayes, Shays, Neugebauer, Bishop (NY), Assistant Commandant, U.S. Marine Corps, both Watson, Holt, Lee, Capito, Otter, Porter, Bishop with the Department of the Navy; and GEN T. Mi- (UT), Michaud, Herseth, Linda T. Sa´nchez (CA), chael Moseley, USAF, Vice Chief of Staff, Depart- McMorris and Wilson (NM). ment of the Air Force. U.S. BOXING COMMISSION ACT NATIONAL DEFENSE AUTHORIZATION Committee on Energy and Commerce: Subcommittee on BUDGET REQUEST FISCAL YEAR 2006 Commerce, Trade, and Consumer Protection held a Committee on Armed Services: Subcommittee on Tac- hearing on the United States Boxing Commission tical and Land Forces held a hearing on the Fiscal Act. Testimony was heard from Ron Scott Stevens, Year 2006 National Defense Authorization budget Chairman, New York State Athletic Commission; request on the Department of Navy and Department and public witnesses. of the Air Force Aviation Acquisition Programs. Tes- timony was heard from the following officials of the MAKING NETWORK WORK GAO: Mike Sullivan, Director, Acquisition and Committee on Government Reform: Held a hearing enti- Sourcing Management—(Joint Strike Fighter) and tled ‘‘Making Network Work: Countdown to the Allen Li, Director, Acquisition and Sourcing Man- RFP for the Federal Government’s Telecommuni- agement—(F/A–22); and the following officials of cations Program.’’ Testimony was heard from Ste- the Department of Defense: VADM Stanley phen A. Perry, Administrator, GSA; Linda Koontz, Szemborski, USN, Deputy Director, Program Anal- Director, Information Management Issues, GAO; and ysis and Evaluation, Office of the Secretary; John J. public witnesses. Young, Jr., Assistant Secretary of the Navy (Re- search, Development and Acquisition); VADM Jo- RESOLUTION—CUBA HUMAN RIGHTS CRACKDOWN; YEAR TWO OF CASTRO’S seph A. Sestak, USN, Deputy Chief of Naval Oper- BRUTAL CRACKDOWN ON DISSIDENTS ations, Warfare Requirements and Programs (N7); LTG John D. W. Corley, USAF, Principal Deputy, Committee on International Relations: Subcommittee on Office of the Assistant Secretary of the Air Force Africa, Global Human Rights and International Op- (Acquisition); LTG Ronald E. Keys, USAF, Deputy erations and the Subcommittee on Western Hemi- Chief of Staff, Air and Space Operations; and BG sphere approved for full Committee action a resolu- Martin Post, USMC, Assistant Deputy Commandant, tion expressing the sense of Congress regarding the Aviation. two-year anniversary of the human rights crackdown in Cuba.

VerDate Aug 04 2004 05:10 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MR5.REC D03MR5 March 3, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D177 The Subcommittees also held a joint hearing on OVERSIGHT—BUDGET REQUESTS Year Two of Castro’s Brutal Crackdown on Dis- Committee on Resources: Subcommittee on Water and sidents. Testimony was heard from Roger Noriega, Power held an oversight hearing entitled ‘‘President’s Assistant Secretary, Bureau of Western Hemisphere Fiscal Year 2006 Budget Request for the Bureau of Affairs, Department of State; and public witnesses. Reclamation and the Water Division of the U.S. Ge- RESOLUTION CONCERNING TERRORIST ological Survey.’’ Testimony was heard from the fol- ORGANIZATION; ALGERIA TERRORISM lowing officials of the Department of the Interior: Committee on International Affairs: Subcommittee on John W. Keys, III, Commissioner, Bureau of Rec- International Terrorism and Nonproliferation ap- lamation; and Robert Hirsch, Associate Director, proved for full Committee action H. Res. 101, Urg- Water, U.S. Geological Survey. ing the European Union to add Hezbollah to the METHAMPHETAMINE REMEDIATION European Union’s wide-ranging list of terrorist orga- RESEARCH ACT nizations. The Subcommittee also held a hearing on Alge- Committee on Science: Held a hearing on H.R. 798, ria’s Struggle Against Terrorism. Testimony was Methamphetamine Remediation Research Act of heard from Lorne W. Cramer, former Assistant Sec- 2005. Testimony was heard from Scott Burns, Dep- retary, Democracy, Human Rights and Labor, De- uty Director, State and Local Affairs, Office of Na- partment of State; and public witnesses. tional Drug Control Policy; and public witnesses. CHILD INTERSTATE ABORTION COAST GUARD/MARITIME BUDGET NOTIFICATION ACT Committee on Transportation and Infrastructure: Sub- Committee on the Judiciary: Subcommittee on the Con- committee on Coast Guard and Maritime Transpor- stitution held a hearing on H.R. 748, Child Inter- tation held a hearing on the Fiscal Year 2006 Budg- state Abortion Notification Act. Testimony was et for Coast Guard and Maritime Transportation heard from public witnesses. Programs, and H.R. 889, Coast Guard and Maritime Transportation Act of 2005. Testimony was heard MISCELLANEOUS MEASURES from the following officials of the U.S. Coast Guard, Committee on the Judiciary: Subcommittee on Courts, Department of Homeland Security: ADM Thomas the Internet, and Intellectual Property approved for H. Collins, Commandant; and Master Chief Petty full Committee action the following measures: S. Officer Franklin A. Welch; Steven R. Blust, Chair- 167, Family Entertainment and Copyright Act of man, Federal Maritime Commission; and F. Joseph 2005; H.R. 683, amended, Trademark Dilution Re- Moravec, Commissioner, Public Building Service, vision Act of 2005; H.R. 1037, To make technical GSA. corrections to title 17, United States Code; H.R. 1036, To amend title 17, United States Code, to HIGHWAY-RELATED TAXES AND TRUST make technical corrections relating to copyright roy- FUNDS AMENDMENTS alty judges; H.R. 1038, Multidistrict Litigation Res- Committee on Ways and Means: Ordered reported, as toration Act of 2005; and H. Con. Res. 53, Express- amended, H.R. 996, To amend the Internal Revenue ing the sense of the Congress regarding the issuance Code of 1986 to provide for the extension of high- of the 500,000th design patent by the United States way-related taxes and trust funds. Patent and Trademark Office. f OVERSIGHT—IMMIGRATION COMMITTEE MEETINGS FOR FRIDAY, ENFORCEMENT MARCH 4, 2005 Committee on the Judiciary: Subcommittee on Immi- (Committee meetings are open unless otherwise indicated) gration, Border Security, and Claims held an over- sight hearing entitled ‘‘The Immigration Enforce- Senate ment Resources Authorized in the Intelligence Re- No meetings/hearings scheduled. form and Terrorism Act of 2004.’’ Testimony was heard from Representative Ortiz; and public wit- House nesses. No committee meetings are scheduled.

VerDate Aug 04 2004 05:10 Mar 04, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MR5.REC D03MR5 D178 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 2005

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, March 4 12 noon, Monday, March 7

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: The House will meet in pro of S. 256, Bankruptcy Reform Act. forma session at 12 noon.

Extensions of Remarks, as inserted in this issue

HOUSE Duncan, John J., Jr., Tenn., E355 Marchant, Kenny, Tex., E349 Emanuel, Rahm, Ill., E368 Markey, Edward J., Mass., E368 Bachus, Spencer, Ala., E367 Garrett, Scott, N.J., E349 Meek, Kendrick B., Fla., E357 Bartlett, Roscoe G., Md., E357 Gerlach, Jim, Pa., E348 Millender-McDonald, Juanita, Calif., E351, E354 Bean, Melissa L., Ill., E348 Hoyer, Steny H., Md., E347 Pelosi, Nancy, Calif., E366 Capps, Lois, Calif., E352 Johnson, Nancy L., Conn., E354 Rahall, Nick J., II, W.Va., E366 Castle, Michael N., Del., E367 Jones, Stephanie Tubbs, Ohio, E368 Cleaver, Emanuel, Mo., E356 Kaptur, Marcy, Ohio, E350, E353 Schiff, Adam B., Calif., E351 Conyers, John, Jr., Mich., E354 King, Steve, Iowa, E355 Scott, Robert C., Va., E357 Costa, Jim, Calif., E350, E353 Kirk, Mark Steven, Ill., E356 Serrano, Jose´ E., N.Y., E351 Cuellar, Henry, Tex., E347, E349, E351, E353, E355, Lantos, Tom, Calif., E348, E349, E353 Solis, Hilda L., Calif., E369 E356, E366, E367, E369, E370 Larson, John B., Conn., E369 Strickland, Ted, Ohio, E356 Davis, Susan A., Calif., E366 Lucas, Frank D., Okla., E365 Udall, Mark, Colo., E352

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