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

Vol. 151 WASHINGTON, TUESDAY, SEPTEMBER 20, 2005 No. 118 House of Representatives The House met at 12:30 p.m. and was cluding his own mother, perished at greatest lesson, Mr. Speaker, was that called to order by the Speaker pro tem- the hands of the Nazis. even out of such horror, some good can pore (Mr. MARCHANT). Upon his liberation, Mr. Wiesenthal come. f relentlessly and often singlehandedly His message of tolerance is one that tracked down over 1,100 Nazi war crimi- must continue to be honored, respected DESIGNATION OF SPEAKER PRO nals and saw that they were brought to and taught. If someone who suffered so TEMPORE justice. Without his tenacity, such greatly can turn his life into a positive The SPEAKER pro tempore laid be- mass murderers as Adolf Eichmann and force for change, surely the rest of us fore the House the following commu- Franz Stangl may never have been held can take his lesson to heart and never nication from the Speaker: accountable for their crimes against forget the dark past in the hope of WASHINGTON, DC, humanity. building a brighter future. September 20, 2005. But Mr. Wiesenthal’s legacy is not f I hereby appoint the Honorable KENNY limited to atoning for the past. He also RESPONDING TO LAST WEEK’S MARCHANT to act as Speaker pro tempore on knew the importance of educating fu- this day. ture generations to ensure that similar COMMENTS OF MAJORITY LEAD- J. DENNIS HASTERT, atrocities would never again take ER REGARDING AFFORDABLE Speaker of the House of Representatives. place. HOUSING BILL f He established the Simon Wiesenthal The SPEAKER pro tempore. Pursu- Center to foster tolerance and under- ant to the order of the House of Janu- MORNING HOUR DEBATES standing. The Center, headquartered in ary 4, 2005, the gentleman from Massa- The SPEAKER pro tempore. Pursu- Los Angeles but with offices through- chusetts (Mr. FRANK) is recognized dur- ant to the order of the House of Janu- out the entire world, has made great ing morning hour debates for 5 min- ary 4, 2005, the Chair will now recog- contributions to efforts to combat rac- utes. nize Members from lists submitted by ism, anti-Semitism, terrorism and Mr. FRANK of Massachusetts. Mr. the majority and minority leaders for genocide. I have had the great privi- Speaker, it would be fruitless for any morning hour debates. The Chair will lege, as has Governor Schwarzenegger one of us to dedicate himself or herself alternate recognition between the par- and both President Bushes, of visiting to refuting every inaccuracy that is ut- ties, with each party limited to not to and working with the Wiesenthal Cen- tered on this floor, so I reserve that ef- exceed 30 minutes, and each Member, ter over the years to advance their fort for those of particular public pol- except the majority leader, the minor- noble mission. icy significance, and I want to address ity leader, or the minority whip, lim- Additionally, the Wiesenthal Center’s some comments by the gentleman from ited to not to exceed 5 minutes. Museum of Tolerance hosts 350,000 visi- Texas, the majority leader, last week The Chair recognizes the gentleman tors annually, including 110,000 chil- as he was justifying the hostage taking from California (Mr. DREIER) for 5 min- dren, vividly educating them on the that has occurred with the bill that utes. history of the Holocaust and the im- would create an affordable housing f portance of defeating bigotry and rac- fund through Freddie Mac and Fannie ism in our time. For as Mr. Wiesenthal Mae’s profits. We have, as you know, HONORING THE LATE SIMON himself once said, ‘‘The history of man rules that urge us—not urge us—insist WIESENTHAL is the history of crimes, and history that we refrain from impugning each Mr. DREIER. Mr. Speaker, I rise can repeat. So information is a defense. other’s honesty. I will simply note that today to honor one of the great pro- Through this, we can build, we must the gap between what the majority moters of tolerance in our time, Simon build, a defense against repetition.’’ leader said and reality was unusually Wiesenthal, who we learned has passed Mr. Speaker, Simon Wiesenthal rep- large even by the standards of political away at the age of 96. Mr. Wiesenthal, resented the best of humanity. Born debate. First of all, he quite inac- who spent 4 years in Nazi concentra- into unspeakable tragedy, he refused to curately said that nothing in the bill tion camps, dedicated his life to seek- ignore his responsibility to those who, regarding Fannie Mae and Freddie Mac ing justice for those who were unable unlike him, did not outlive the Holo- that came out of our committee, the to seek it for themselves. While Mr. caust. His dogged determination was Financial Services Committee, on a 65– Wiesenthal survived the Holocaust and the strongest voice of the victims. Ac- 5 vote, that nothing in that bill would was rescued by American troops in countability and education, not re- have provided aid to the people who 1945, dozens of his family members, in- venge, were his aims. Mr. Wiesenthal’s were stricken by the hurricane. He

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

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VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8104 CONGRESSIONAL RECORD — HOUSE September 20, 2005 was, of course, quite wrong. The basic majority’s ability to run out the clock. they are people who come from bases, mechanism which we are now talking In the past when they have had tough some of which have been recommended about putting to the aid of the people votes, we have waited 3 hours, 2 hours, for closure by the base closing commis- who lost their homes was in the origi- more time as I have noted than it sion. I think that does fly in the face of nal bill. That is, the bill as it came out takes us to evacuate the building in what we believe is the idea of having a of committee said that 5 percent of the case of a threat when they twist arms strong military, the idea of having a profits of Fannie Mae and Freddie Mac and put on pressure. Apparently even citizen-soldier, the idea of not having a would go to affordable housing. Note they recognize that support for using draft because we have these bases that that Fannie Mae and Freddie Mac’s some of the profits of these private cor- provide the kind of capability when profits by everybody’s agreement are porations, which profits are enhanced these men and women are called upon increased by a series of associations by Federal help, that putting that to to do the hard work as they did in Af- they have with the Federal Govern- affordable housing, particularly now ghanistan. We see now in Afghanistan ment. Everyone acknowledges Fannie when we have this need for housing in millions of people have gone to the Mae and Freddie Mac can borrow Louisiana, that they could not hold the polls and voted and they do have de- money from the public more cheaply rollcall open long enough to twist mocracy there. The same will be true than other entities, and we have said enough arms to get there. Well, that is of Iraq very soon, thanks to the cit- that in return for the arrangements democracy. Let us have the vote on the izen-soldiers. that allow that to happen, we will im- floor. This report is flawed because it does pose certain restrictions on them. It is I would just add this, Mr. Speaker as not take into account a Federal law on not a confiscation of private property; I close. There is a lot of concern about the books that says that bases cannot it is the recognition that these entities how we are going to pay for the aid be closed without the Governor of the profit and we want something in re- that we all believe should go to Lou- State authorizing the closure of that turn. There had been a lot of agree- isiana. We have one small piece, hun- base. The base closing commission ig- ment that we were not getting enough dreds of millions, but it is still hun- nored that law. They bypassed that in return. We thought one thing we dreds of millions, and in most contexts law. I believe there now is in some could do was to take 5 percent of the that is not small, we have got a way to courts in this country opinions that after-tax profits and put it towards af- deal with the housing needs of those say that these bases should not be fordable housing. people without in any way impacting closed unless the Governor of that In the bill that was there, it is true the Federal budget. Again, that mecha- State agrees to that. But the base clos- that the bill that we passed before the nism was in the bill when it came out ing commission ignored that. summer recess did not talk about the of committee. We were then able to I think it is also important to note hurricane’s effects, mainly because the adapt it to this situation. That is what that through all of the deliberations hurricane had not happened, so we are the Republican leadership is refusing and hearings and visits that took guilty of not having foreseen the ter- to allow the House to vote on. If the place, part of what was ignored is the rible events in Katrina. But the basic majority thinks it is a bad idea, I will impact that these bases have in certain mechanism was there. What we did do regretfully wave good-bye to it, but I parts of the country. They are very, after Katrina was to say, and the gen- do not understand why under any the- very important, to the economies of tleman from Louisiana (Mr. BAKER) ory of democracy a bill that comes out local communities, to what they do for took the lead, the gentleman from Ohio of committee 65–5 with a provision that local communities, and this will be a the chairman of the committee and I was supported 53–17 is held hostage, not terrible blow to many communities said, Yes, that makes sense. Let’s take for negotiations but held hostage be- around the country. But I think the this mechanism for affordable housing cause there is a provision that some of military aspect is probably the most that was created and let’s in this first the most conservative Members of the important aspect that we really need year in particular focus as the first pri- body are opposed to philosophically, to look at. ority on Louisiana. But the mechanism they do not have the votes to beat it on I am here today introducing this res- that was available for us to do that was the floor, they will not abide by demo- olution of disapproval hoping that my in the bill. It is simply wrong to say cratic principles, they are engaging in colleagues as they have a chance to that there was nothing in the bill to this kind of ambush. consider the recommendations that help them. The basic mechanism for f have now been forwarded from the their aid was in the bill and we were President to the Congress, we now have then able to respond to this latest cir- BASE CLOSINGS a period of time to consider these, I cumstance and send it there. The SPEAKER pro tempore. Pursu- hope Members will look at these rec- The second gap between what the ant to the order of the House of Janu- ommendations, consider the terrible, majority leader said and reality was ary 4, 2005, the gentleman from Illinois terrible deficiency that are included in when he said, well, these are just nego- (Mr. LAHOOD) is recognized during these recommendations and consider tiations. No, these are not negotia- morning hour debates for 5 minutes. the impact that these recommenda- tions. This is a kidnapping. This is a Mr. LAHOOD. Mr. Speaker, I am here tions will have on our military. Now is hostage taking. There is a legitimate this noontime to introduce a resolution not the time to be closing bases around philosophical objection by some of the of disapproval regarding the base clos- the country. Now is not the time to be most conservative Members of this ing commission which I believe is a eliminating men and women who have body to the notion of putting these flawed document. I believe it is flawed done the hard work that they have profits to help affordable housing. As I because I think the base closing com- been asked to do, who have done the said, it is not just your average private mission ignored some very, very sig- good work that they have been asked corporation. These are private corpora- nificant information. But most impor- to do. This is the wrong time. The tim- tions whose profits are greatly en- tantly I think the base closing commis- ing is wrong. hanced by a series of governmental ar- sion and those at the Defense Depart- We now as a Congress have the oppor- rangements which they are greatly at- ment who helped them make these rec- tunity, I think, to have our say. We tached to. But we had that battle in ommendations ignore the fact that we have the opportunity to say, those of committee and those who tried to kill are at war and has ignored the fact us that have stood with the President, this particular program of affordable that the 130,000 men and women that that have stood with the military, that housing as part of their profits lost by are in Iraq fighting the good fight, win- have made the votes to provide the 53–17. Some of them are still against it. ning the freedom and hope and oppor- money to make sure that our military Some of them want some other tunity for the people there, many of have the kind of capability they have changes. Let us have some votes on the them come from bases around the to win the peace and to win democracy floor. country, they are citizen-soldiers, they in Afghanistan, to win the peace and to From time to time, and I guess we fi- are volunteers, they are people who bring about democracy in Iraq are say- nally have found one thing, Mr. Speak- have been well-trained and well- ing that this is not the time to be clos- er, we have reached the limit of the equipped and are doing a great job but ing bases, Guard and Reserve bases and

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8105 other bases around the country and As Jesus taught us to pray in His in Illinois and raised his family. In- emasculating the military. This is the model prayer: Thy kingdom come, Thy stead, he again answered a call to serve wrong time. will be done on earth as it is in heaven. and entered the Southern Baptist I hope that our Members will look Amen. Theological Seminary, graduating carefully at these recommendations f from there in 1981. Since entering Sem- and become a cosponsor of the resolu- THE JOURNAL inary his service has taken him to tion of disapproval that I have intro- communities in Virginia, in Florida, duced today. I think when Members The SPEAKER pro tempore. The and most recently in the State of Ala- look at these recommendations they Chair has examined the Journal of the bama. will see that they are flawed, they will last day’s proceedings and announces In 1995, he was an Associate Pastor of see that this is not the right time, and to the House her approval thereof. Education and Senior Adults at Hill- I believe that when given the oppor- Pursuant to clause 1, rule I, the Jour- crest Baptist Church in Enterprise, tunity to really study these rec- nal stands approved. Alabama. In 2002, he began serving in ommendations, Members will decide f his present role as Minister of Edu- that this resolution of disapproval is PLEDGE OF ALLEGIANCE cation and Senior Adults at the 12th the right thing to do and to send them The SPEAKER pro tempore. Will the Street Baptist Church in Gadsden, Ala- back to the commission. gentleman from Texas (Mr. BURGESS) bama. He and his wife have one daugh- Mr. Speaker, I urge Members to co- come forward and lead the House in the ter, Dawne, who resides in Orlando, sponsor my resolution and to look at Pledge of Allegiance. Florida. these recommendations and come to Mr. BURGESS led the Pledge of Alle- Reverend Young is joined today by the same conclusion that I have come giance as follows: his wife, Deborah, and several members to. I pledge allegiance to the Flag of the of the 12th Street Baptist Church in United States of America, and to the Repub- Gadsden, along with several others f lic for which it stands, one nation under God, from the Fourth Congressional Dis- indivisible, with liberty and justice for all. trict. I appreciate the prayer that Rev- RECESS f erend Young has offered this afternoon. The SPEAKER pro tempore. Pursu- MESSAGE FROM THE SENATE It is an honor to have him as our guest ant to clause 12(a) of rule I, the Chair here in the United States House of Rep- A message from the Senate by Ms. declares the House in recess until 2 resentatives. p.m. today. Curtis, one of its clerks, announced Accordingly (at 12 o’clock and 46 that the Senate has passed with f minutes p.m.), the House stood in re- amendments in which the concurrence of the House is requested, bills of the cess until 2 p.m. TWO AMERICAN WARRIORS House of the following titles: H.R. 2862. An act making appropriations (Mr. POE asked and was given per- f for Science, the Departments of State, Jus- mission to address the House for 1 tice, and Commerce, and related agencies for minute and to revise and extend his re- b 1400 the fiscal year ending September 30, 2006, and marks.) for other purposes. Mr. POE. Madam Speaker, in San AFTER RECESS H.R. 3768. An act to provide emergency tax Jacinto County in east Texas last The recess having expired, the House relief for persons affected by Hurricane Thursday, two men died trying to save Katrina. was called to order by the Speaker pro another’s life. Denny ‘‘Bo’’ Galloway, tempore (Mrs. EMERSON) at 2 p.m. The message also announced that the deputy constable, 34, died when he ran Senate insists upon its amendments to into the rough Trinity River trying to f the bill (H.R. 2862) ‘‘An Act making ap- save Bernardo Vasquez, a 21-year-old propriations for Science, the Depart- Marine on leave from Iraq. ments of State, Justice, and Com- PRAYER Vasquez had disappeared in the fast- merce, and related agencies for the fis- moving river trying to save his uncle, The Reverend Donald J. Young, Pas- cal year ending September 30, 2006, and who had gotten trapped in the current. tor, 12th Street Baptist Church, Gads- for other purposes,’’ requests a con- Vasquez was to return to Active Duty den, Alabama, offered the following ference with the House on the dis- today. His mother’s only desire was prayer: agreeing votes of the two Houses there- O God, we acknowledge You as giver that he return from Iraq alive. But on, and appoints from the Committee Vasquez died saving another. Bo Gallo- and sustainer of life and through Your on Appropriations: Mr. SHELBY, Mr. Son, Jesus Christ, provider of eternal way was a tough, rural cop who had GREGG, Mr. STEVENS, Mr. DOMENICI, spent the previous night rescuing peo- life. We pray Your wisdom and Your Mr. MCCONNELL, Mrs. HUTCHISON, Mr. guidance upon our leaders as they meet ple from a train wreck. BROWNBACK, Mr. BOND, Mr. COCHRAN, When hearing the 911 call about here today to deliberate on matters Ms. MIKULSKI, Mr. INOUYE, Mr. LEAHY, Vasquez, Galloway rushed to the scene which affect not only here, but across Mr. KOHL, Mrs. MURRAY, Mr. HARKIN, and went directly into the river. Gallo- the world. Mr. DORGAN, and Mr. BYRD, to be the way died and left a wife and three sons We acknowledge Your blessings upon conferees on the part of the Senate. us and give thanks to You for Your behind. Both men were warriors. One f care and watching over us. We thank fought the war on crime, one fought You for the freedoms and liberties WELCOMING THE REVEREND the war on terror. Both died responding which have been given to us. Help us as DONALD J. YOUNG to the first duty of all American war- we and others attempt to preserve (Mr. ADERHOLT asked and was riors, saving those in trouble. We share them. We pray Your wisdom and lead- given permission to address the House in the grief of the two families and ership upon our President and the lead- for 1 minute and to revise and extend once again thank our people who wear ers of our Congress as they guide us his remarks.) the uniform of the soldier and of the during this time of national disaster. Mr. ADERHOLT. Madam Speaker, I peace officer. We pray for our fellow citizens who rise today to recognize our guest chap- have been in harm’s way and for those lain, the Reverend Donald J. Young. f who care for them. We also ask Your Reverend Young’s life has been one of watch and care for those serving in our service to God and to his country. ON THE PASSING OF SIMON place in the military across this world. After graduating from the University WIESENTHAL Help us to be generous not only in of Illinois in 1969, he joined the United (Mr. LANTOS asked and was given our prayers, but in our resources as States Army and served in Korea. permission to address the House for 1 well. When he left the Army in 1973, he minute and to revise and extend his re- Guide all our leaders across this land worked in Illinois as a manager of Fi- marks.) during this difficult period in our his- nance America. He could have had a Mr. LANTOS. Madam Speaker, today tory. long career for Finance America, lived the world lost Simon Wiesenthal, the

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8106 CONGRESSIONAL RECORD — HOUSE September 20, 2005 conscience of the Holocaust, who la- loon the oversized, underresponsive en- civil society which will prevent the bored heroically for decades to make ergy management system that broke spread of terrorism and help protect certain that history will not forget down 3 weeks ago in the wake of the American families. Due to the strong that nightmare nor let its perpetrators hurricane. resolve of President Bush and our escape justice. The gulf coast region is today with- troops, a spirit of freedom and democ- He did it, as he said, not just for Hol- out an economy, without jobs or busi- racy are spreading throughout the ocaust victims like himself, but for his nesses or investment. Raising taxes world. grandchildren, for if one generation’s will not help create any of those Libya has terminated its nuclear criminals go unpunished, their de- things, but will instead guarantee that weapons programs. Lebanon has re- scendents will conclude that they too the region’s economic troubles spread sumed its democracy with the with- can get away with murder. to the rest of the country. We cannot drawal of Syria. Indonesia has had its Simon Wiesenthal was also a per- allow that, and the President has al- first free presidential elections. Egypt sonal friend. He inspired my wife, An- ready said he will not. began multi-candidate elections. Paki- nette, in her efforts to gain recognition The challenge, then, to both sides of stan has strengthened its ability to for another giant of righteousness, the aisle, is to find a way to pay for the stop cross-border terrorism, and Ku- Raoul Wallenberg, the Swedish dip- recovery and rebuilding of New Orleans wait now allows women to vote. Free lomat who saved the lives of tens of and the rest of the gulf coast without elections in Ukraine. thousands of Hungarian Jews during the tax hikes or without wasteful Recently, leading terrorists were the Nazi era. spending that we cannot afford. killed or captured in Algeria, Saudi Arabia, and even here in California. Annette and I will miss our visits f with Simon Wiesenthal, but he has left Over 20 years ago, Ronald Reagan ad- us a proud legacy through his vigi- WE NEED TO ROLL BACK THE TAX vanced the idea of peace through lance, bravery, and commitment to jus- CUTS AND DEVELOP AN EXIT strength. As we now witness the great- tice. STRATEGY TO GET OUT OF IRAQ est spread of freedom in the history of the world, his vision is reality. f (Mr. KUCINICH asked and was given permission to address the House for 1 In conclusion, God bless our troops, REBUILDING THE RIGHT WAY minute and to revise and extend his re- and we will never forget September 11. (Mr. DELAY asked and was given per- marks.) f mission to address the House for 1 Mr. KUCINICH. Madam Speaker, I SUCCESS OF THE TEXAS MEDICAL minute.) want to agree with my good friend LIABILITY TRUST Mr. DELAY. Madam Speaker, last from Texas (Mr. DELAY) that we need (Mr. BURGESS asked and was given week President Bush spoke to the Na- to do everything we can to avoid any permission to address the House for 1 tion from Jackson Square, New Orleans kind of tax hikes. minute and to revise and extend his re- about his plans for the relief, recovery, However, I think all Americans marks.) and rebuilding of the gulf coast region would expect that the top 1 percent of Mr. BURGESS. Madam Speaker, just and residents. the income earners in this country, a little over 2 years ago Texas passed a ‘‘There is no way to imagine America who receive most of the benefit from constitutional amendment that al- without New Orleans,’’ he said. And the administration’s tax cuts, should lowed for caps on noneconomic dam- there is no way to imagine the nec- have to give up some of their tax cuts ages in medical liability lawsuits. And essary recovery effort without the in order to relieve the burden on the what has been the experience in Texas leadership and support of the Federal people in the gulf coast. It is only fair. over those 2 years? Government. Every dime that has been America can meet its responsibil- Well, we have seen insurance and appropriated and every dime that will ities, but we are going to have to roll doctors come back to the State. Texas be appropriated from the Federal back those tax breaks that were given had gone from 17 down to two medical Treasury to the people of the gulf coast to the wealthiest Americans in order to insurance companies, and now they are has come from the votes of the House help the least of our brethren. back up to 12. Not-for-profit hospitals of Representatives, and we are honored We can also save money by planning have seen significant increases in the to have that opportunity. an exit strategy out of Iraq. Wherever money that they are now able to invest And with this opportunity, Madam I go in my district, people say, get us in plants and equipment, money that Speaker, comes a great responsibility out of Iraq. Well, it is time for us to otherwise would have gone for their to make sure that the money comes have an exit strategy. That is what self-insurance programs. from and goes to the right places. Com- House Joint Resolution 55 is about, a And perhaps most importantly, the mittees are already at work developing bipartisan exit strategy. rates of liability insurance for Texas oversight plans for the Hurricane We can do things to have the re- doctors has come down. Texas Medical Katrina relief money, as are inspector sources to take care of people in the Liability Trust has reduced rates three general offices across the Federal Gov- gulf. But we first have to get out of the times since the passage of House bill 4 ernment. Persian Gulf. And we also have to get and proposition 12, 12 percent in 2004, 5 Funds will be needed to rescue cer- out of this thinking that says that tax percent in 2005, and now a recently an- tain communities in Louisiana and cuts are somehow the way to economic nounced 5 percent decrease in 2006, and, Mississippi and we will have a moral recovery. coupled with that, a 5 percent dividend and physical obligation to ensure it f rebate. So that now there is a total of gets spent on the right priorities. 27 percent insurance savings for Texas But just as important as our duty to PROGRESS IN THE GLOBAL WAR ON TERROR doctors in medical liability. ensure the money goes to the right Speaking to physicians of the Texas places is our duty to ensure the money (Mr. WILSON of South Carolina Medical Association just last weekend, comes from the right places. Even be- asked and was given permission to ad- Dr. Dennis Factor said, ‘‘Access to fore the levees were fixed and the flood dress the House for 1 minute and to re- health care and the malpractice envi- waters started to recede, many voices vise and extend his remarks.) ronment in Texas has made a healthy were calling for massive tax increases Mr. WILSON of South Carolina. recovery since the Texas legislature to pay for the recovery effort. Madam Speaker, Sunday’s elections in passed medical liability reform.’’ Of course, most of these voices were Afghanistan are another example of I urge this body to take it up and get calling for massive tax increases long progress in the global war on ter- it done. before Katrina ever showed up on the rorism. f Doppler radar, some since Ronald Millions of Afghans bravely defied Reagan first asked Congress to lower terrorists, just as Iraqi voters did in AMERICAN SPIRIT them. The so-called Katrina tax hikes January when they cast their ballots (Mr. PRICE of Georgia asked and was are not about Katrina, they are about in the first free parliamentary elec- given permission to address the House tax hikes, and will only serve to bal- tions in history. They are developing a for 1 minute.)

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8107 Mr. PRICE of Georgia. Madam because of the bond of mutual love, tions and trading partners around the Speaker, heroes come in every shape sympathy and support of the many world. We salute their commitment to and form. Some teach in our class- loyal, capable and patriotic mothers growing and invigorating the free en- rooms, some defend our freedoms over- who while sharing their grief and their terprise system and by doing it so seas, and on 9/11 our heroes were the pride have channeled their time, ef- pleasantly, always with a song. ones who wore the insignia of the fire forts and gifts into lessening the pain f and police departments of New York of others. We stand tall and proud by THE GOLDEN RULE City on their uniforms. honoring our children, assisting our And again today, our heroes in the veterans, supporting our Nation and (Mr. CLYBURN asked and was given aftermath of Hurricane Katrina are nu- healing with each other.’’ permission to address the House for 1 merous. Some are doctors and nurses f minute and to revise and extend his re- who have saved lives, others are Na- marks.) ACCOUNTABILITY IN FEDERAL tional Guardsmen and women who res- Mr. CLYBURN. Madam Speaker, I DISASTER RELIEF cued people from rooftops and else- come today to say to the people of where. But most are those that you (Ms. FOXX asked and was given per- South Carolina, most especially the will not read about in the newspaper: mission to address the House for 1 people of Columbia and the midlands, Americans committing random acts of minute and to revise and extend her re- how much I appreciate the tremendous kindness when help is needed. marks.) outpouring of love and respect they People are opening their homes, do- Ms. FOXX. Madam Speaker, like so have given to the victims of Katrina. I nating clothing, and enrolling evacu- many of my constituents, I have been want to say a special thank you to ated children into schools in their com- extremely saddened by the devastation Mayor Bob Coble of Columbia, busi- munities. In Georgia we have nearly inflicted by Hurricane Katrina. To date nessman Sam Tannenbaum of Colum- 10,000 children who have been enrolled I have supported the $10.5 billion in aid bia, and the Columbia chamber presi- in our schools. We have set up shelters, and voted for several bills to help ease dent, Ike McLeese. held telethons, and opened the strain of this difficult time. These three dynamic gentlemen co- megacenters to serve as a one-stop- It is understandable that some have ordinated an effort in Columbia to re- shop for evacuees, all to help them put questioned my vote against the $51.8 ceive evacuees that I would like to call their lives back together. billion relief supplemental. I believe a practical application of the Golden You name it, and the residents of taxpayer money should be spent wise- Rule. They decided that they would not Georgia are stepping up to the chal- ly. My concern is that huge sums of put anyone in shelters. Anyone coming lenge and helping out wherever they money are being spent with little as- to Columbia would go to a home or to can. surance the money is really helping a private motel room. We have just Madam Speaker, we will overcome those in need. Some estimate the Fed- been informed that we can expect more this tragedy and we will do it one day eral Government will be asked to spend evacuees coming to Columbia tomor- at a time and one life at a time. That as much as $200 billion on relief. But row morning. is truly the American way and the my support depends on tight controls I want to say those who have volun- American spirit. and accountability measures. That is teered to man the One Stop Center to why I voted the way I did. please continue to practice the Golden f It is also why I have co-sponsored Rule. b 1415 legislation to create a chief financial f officer for the Federal Government’s THE AMERICAN GOLD STAR HONORING AFGHANI WOMEN Hurricane Katrina relief efforts. With- MOTHERS out this level of oversight and account- (Ms. GINNY BROWN-WAITE of Flor- (Mr. GUTKNECHT asked and was ability, we will waste precious tax dol- ida asked and was given permission to given permission to address the House lars, and every dollar wasted is a dollar address the House for 1 minute and to for 1 minute and to revise and extend that is not going to assist a displaced revise and extend her remarks.) his remarks.) family in need. We also need to exam- Ms. GINNY BROWN-WAITE of Flor- Mr. GUTKNECHT. Madam Speaker, ine what the role of Federal Govern- ida. Madam Speaker, I rise today to ex- The American Gold Star Mothers ment should be in disaster relief. I will press my solidarity with the coura- Group was incorporated in 1929. On continue to support measured, com- geous women of Afghanistan. June 23 of 1936, President Franklin monsense solutions, but I will not sup- This past weekend, Afghani women Delano Roosevelt issued a proclama- port out-of-control Federal spending once again made history as their coun- tion designating the last Sunday in without proper oversight. We will not try held their second round of free and September as Gold Star Mothers Day. help the people affected by this storm fair elections to select a national par- To this very day, Madam Speaker, Gold by wasting taxpayers’ money. liament and provincial assemblies. Star Mothers Day is the last Sunday in f Despite threats of retaliation and September. Unfortunately, over the retribution, 580 women stood for elec- last several years Americans have for- SONGWRITERS CAUCUS tion. These 580 women have risen up to gotten about that. (Mrs. BLACKBURN asked and was be leaders of their land, in a country So at the request of some of my con- given permission to address the House that just 4 years ago prohibited women stituents, I introduced a resolution. It for 1 minute and to revise and extend from participating in national life. is being sponsored in the Senate by her remarks.) Just as significant, many men for the Senator TOM COBURN from Oklahoma Mrs. BLACKBURN. Madam Speaker, first time voted to support female can- encouraging all Americans to recognize today I am welcoming many of my con- didates. While skeptics on the left and this very important day. stituents who are songwriters to the in the media said it could not be done, The Gold Star Mothers is a group Hill to perform for tonight’s Song- this is an unmistakable victory for that no one joins voluntarily. You writers Caucus event. While they are forces of democracy in our battle must have lost a son or a daughter in with us today and tomorrow, they are against tyranny and oppression. combat to become a member of the taking the opportunity to call on Mem- The Afghan election demonstrates Gold Star Mothers Association. bers of Congress to remind them that that we have learned the lessons of his- This resolution is important, and we protecting the intellectual property of tory: if women are not allowed to par- will vote on it tomorrow. I currently our Nation’s creative community is the ticipate in the decision-making proc- have over 200 co-sponsors, and I would same as protecting the private prop- ess, if women are deprived of rights to encourage other Members to join. The erty of our citizens. run for elective office, and if women dedications and triumphs of the Gold These songwriters are on the front- are barred from determining their own Star Mothers stem from a shared bond. line in building a knowledge-based future, then those women will suffer As they describe it, and I close: ‘‘The economy in our country that is recog- oppression and human rights viola- success of our organization continues nized and acknowledged by other na- tions.

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8108 CONGRESSIONAL RECORD — HOUSE September 20, 2005 Afghani women no longer have to the effects of Hurricane Katrina may be used application for assistance described in sec- fear the terrible cruelty of their past to provide to eligible individuals temporary tion 173(a)(1) of the Workforce Investment because they now control their own fu- employment by public sector entities for a Act of 1998 to address the effects of Hurri- ture. period not to exceed 6 months in addition to cane Katrina. disaster relief employment described in sec- SEC. 3. SENSE OF CONGRESS. With our support, these women will tion 173(d)(1) of such Act. continue to fan the flame of democracy (a) MOBILE ONE-STOP CENTERS.—It is the (d) EXTENSION OF THE DURATION OF DIS- sense of Congress that States that operate and build a brighter future. ASTER RELIEF EMPLOYMENT.—The Secretary mobile one-stop centers, established as part of Labor may extend the 6-month maximum of one-stop delivery systems authorized f duration of employment under this Act and under subtitle B of title I of the Workforce under section 173(d) of the Workforce Invest- ANNOUNCEMENT BY THE SPEAKER Investment Act of 1998 (29 U.S.C. 2811 et seq.) ment Act of 1998 (29 U.S.C. 2918(d)) for not PRO TEMPORE should, where possible, make such centers more than an additional 6 months due to ex- available for use in the areas affected by The SPEAKER pro tempore (Mrs. traordinary circumstances. Hurricane Katrina, and areas where large (e) PRIORITY FOR DISASTER RELIEF EMPLOY- EMERSON). Pursuant to clause 8 of rule numbers of workers affected by Hurricane MENT FUNDS.—In awarding national emer- XX, the Chair will postpone further Katrina have been relocated. proceedings today on motions to sus- gency grants to States under section 173(a)(2) of the Workforce Investment Act of 1998 (29 (b) EXPANDED OPERATIONAL HOURS.—It is pend the rules on which a recorded vote U.S.C. 2918(a)(2)) to address the effects of the sense of Congress that one-stop operators or the yeas and nays are ordered, or on Hurricane Katrina by providing disaster re- (as such term is defined in section 101 of the which the vote is objected to under lief employment, the Secretary of Labor Workforce Investment Act of 1998 (29 U.S.C. clause 6 of rule XX. shall— 2801) should increase access for workers af- Record votes on postponed questions (1) first, give priority to States in which fected by Hurricane Katrina to the one-stop delivery systems authorized under subtitle B will be taken after 6:30 p.m. today. areas that have suffered major disasters (as defined in section 102 of the Robert T. Staf- of title I of such Act, including through the f ford Disaster Relief and Emergency Assist- implementation of expanded operational hours at one-stop centers and on-site serv- FLEXIBILITY FOR DISPLACED ance Act (42 U.S.C. 5122)) are located; and (2) second, give priority to the remaining ices for individuals in temporary housing lo- WORKERS ACT States that have been most heavily impacted cations. Mr. BOUSTANY. Madam Speaker, I by the demand for services by workers af- The SPEAKER pro tempore. Pursu- move to suspend the rules and pass the fected by Hurricane Katrina. ant to the rule, the gentleman from (f) ELIGIBILITY FOR NEEDS-RELATED PAY- bill (H.R. 3761) to provide special rules Louisiana (Mr. BOUSTANY) and the gen- MENTS.—Funds provided to States that sub- for disaster relief employment under mit applications for assistance described in tleman from California (Mr. GEORGE the Workforce Investment Act of 1998 section 173(a)(2) of the Workforce Investment MILLER) each will control 20 minutes. for individuals displaced by Hurricane Act of 1998 (29 U.S.C. 2918(a)(2)) to address The Chair recognizes the gentleman Katrina, as amended. the effects of Hurricane Katrina may be used from Louisiana (Mr. BOUSTANY). The Clerk read as follows: to provide needs-related payments (described GENERAL LEAVE H.R. 3761 in section 134(e)(3) of such Act (29 U.S.C. Mr. BOUSTANY. Madam Speaker, I 2864(e)(3))) to individuals described in sub- Be it enacted by the Senate and House of Rep- section (b) who do not qualify for (or have ask unanimous consent that all Mem- resentatives of the United States of America in ceased to qualify for) unemployment com- bers may have 5 legislative days within Congress assembled, pensation, and who are not employed on a which to revise and extend their re- SECTION 1. SHORT TITLE. project described under section 173(d) of such marks and include extraneous material This Act may be cited as the ‘‘Flexibility Act, for the purpose of enabling such individ- on H.R. 3761. for Displaced Workers Act’’. uals to participate in activities described in The SPEAKER pro tempore. Is there SEC. 2. SPECIAL RULES FOR NATIONAL EMER- paragraphs (2), (3), or (4) of section 134(d) of objection to the request of the gen- GENCY GRANTS RELATED TO HURRI- such Act. tleman from Louisiana? CANE KATRINA. (g) USE OF AVAILABLE FUNDS.—With the ap- (a) USE OF GRANTS FOR PROJECTS OUTSIDE proval of the Secretary of Labor, any State There was no objection. DISASTER AREA.—Funds provided to States may use funds that remain available for ex- Mr. BOUSTANY. Madam Speaker, I that submit applications for assistance de- penditure under any grants awarded to the yield myself such time as I may con- scribed in section 173(a)(2) of the Workforce State under section 173 of the Workforce In- sume. Investment Act of 1998 (29 U.S.C. 2918(a)(2)) vestment Act of 1998 (29 U.S.C. 2918) or under Madam Speaker, I rise in strong sup- to address the effects of Hurricane Katrina this section, to provide any assistance au- port of H.R. 3761, the Flexibility for may be used to provide disaster relief em- thorized under such section 173 or this sec- Displaced Workers Act, which I spon- ployment and other assistance under section tion, or personal protective equipment not sored, to provide critical assistance for 173(d)(1) of such Act (29 U.S.C. 2918(d)(1)) on otherwise available through public funds or projects that provide assistance in areas out- private contributions, to assist workers af- workers affected by Hurricane Katrina. side of the disaster area (as such term is de- fected by Hurricane Katrina, including work- The bill creates new uses for the Na- fined in section 173(a)(2) of such Act). ers who have relocated from areas for which tional Emergency Grant Disaster Re- (b) EXPANDED ELIGIBILITY FOR DISASTER an emergency or major disaster (as defined lief Employment Assistance Program, RELIEF EMPLOYMENT.—Funds provided to in section 102 of the Robert T. Stafford Dis- which is part of the Workforce Invest- States that submit applications for assist- aster Relief and Emergency Assistance Act ment Act, to address unique needs cre- ance described under section 173(a)(2) of the (42 U.S.C. 5122)) was declared, due to the ef- ated by Hurricane Katrina damage. Workforce Investment Act of 1998 (29 U.S.C. fects of Hurricane Katrina. 2918(a)(2)) to address the effects of Hurricane (h) EXPANDED ELIGIBILITY FOR EMPLOYMENT The Department of Labor has already Katrina may be used to provide disaster re- AND TRAINING ACTIVITIES.— awarded $191 million in disaster relief lief employment and other assistance under (1) IN GENERAL.—In awarding national grants to the States affected by Hurri- section 173(d)(1) of such Act, or public sector emergency grants under section 173(a)(1) of cane Katrina, including $62 million to employment authorized under subsection (c) the Workforce Investment Act of 1998 (29 my home State of Louisiana. These of this Act, to individuals affected by Hurri- U.S.C. 2918(a)(1)), the Secretary may award funds can already be used to hire dis- cane Katrina, including those who have relo- such a grant to an entity to provide employ- located workers, long-term unem- cated from States in which a major disaster ment and training assistance available under ployed individuals, individuals laid off was declared under section 102 of the Robert section 173(a)(1) of such Act to workers af- T. Stafford Disaster Relief and Emergency fected by Hurricane Katrina, including work- as a result of the disaster for jobs that Assistance Act (42 U.S.C. 5122) due to the ef- ers who have relocated from areas for which will aid in the recovery of the gulf fects of Hurricane Katrina, who were unem- an emergency or major disaster (as defined coast. These jobs include projects that ployed at the time of the disaster or who are in section 102 of the Robert T. Stafford Dis- provide humanitarian assistance for without employment history, in addition to aster Relief and Emergency Assistance Act disaster victims and projects that aid individuals who are eligible for such employ- (42 U.S.C. 5122)) was declared, due to the ef- in the repair, renovation, and recon- ment under section 173(d)(2) of Workforce In- fects of Hurricane Katrina. struction of facilities and lands located vestment Act of 1998. (2) ELIGIBLE ENTITY.—In this subsection, in the affected area. (c) AUTHORIZATION FOR GENERAL PUBLIC the term ‘‘entity’’ means a State, a local SECTOR EMPLOYMENT.—Funds provided to board (as defined in section 101 of the Work- The grants also may be used for States that submit applications for assist- force Investment Act of 1998 (29 U.S.C. 2801)), training activities, which is especially ance described in section 173(a)(2) of the or an entity described in section 166(c) of critical for our residents who may need Workforce Investment Act of 1998 to address such Act (29 U.S.C. 2911(c)), that submits an employment in new industries.

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8109 While this existing assistance is cru- Mr. GEORGE MILLER of California. ment of Labor appropriates $157.8 mil- cial for our region’s recovery, the im- Madam Speaker, I yield myself such lion in national emergency grant pact of Hurricane Katrina has created time as I may consume. funds, and DOL has already promised unique needs because so many workers Madam Speaker, I am glad to see the $191 million to help Katrina victims. majority is acting quickly to provide from New Orleans have been relocated b 1430 to other parts of the country, including assistance to the victims of Hurricane over 100,000 alone in my district, and Katrina. House 2006 appropriations would only also who are unable to return imme- I believe it is moments like this that award DOL $212 million. Any signifi- diately to their homes. we see the greatness in America, when cant effort to assist Katrina victims In addition, the sheer number of Americans join together and help one will require additional funding. DOL newly unemployed, as many as 400,000 another in a positive, can-do spirit. As has not yet sent up or in any way indi- workers in the region, as well as the we know, much help is needed, home, cated how much additional funding it high poverty level of many evacuees, jobs, school, counseling, the list goes will seek for these efforts, nor has the requires the use of innovative solu- on and on. I am also glad to see the De- Department of Labor indicated how tions. partment of Labor is on the frontlines much, if any, of the already appro- This bill would make important im- of providing job assistance and arrang- priated $62 billion will be used for provements to the Disaster Relief As- ing jobs for and estimated 400,000 un- training or job creation. sistance Program to address these employed. Third, what health, safety, and labor unique needs. The bill before us today takes the protections will be afforded displaced First, it would allow States to pro- first step by permitting the Secretary workers assigned to this work? The ad- vide disaster relief employment for of Labor to provide National Emer- ministration has issued an executive services to victims to occur at loca- gency grants outside the disaster area order taking Davis-Bacon wage protec- tions outside of the declared disaster so that the individuals who have been tions away from construction workers area. This is critical to help those who evacuated throughout the country can who will rebuild the gulf coast, sus- have been forced to temporarily relo- receive assistance. It permits the Sec- pended many affirmative action rules cate. retary to help individuals who may not for reconstruction contracts, and sus- While the current assistance program have proper documents with them. It pended regulations limiting the num- focuses on those who lost their jobs as permits the Secretary to give grants to ber of hours truck drivers can drive a result of a disaster, the bill allows States to place individuals in public while transporting fuel. funds to serve those who were not em- sector jobs. And it permits the Sec- After September 11, many workers at ployed at the time of the disaster, in- retary to provide income support for and near the cleanup grounds of cluding those with no work history. those individuals if they exhaust their Ground Zero did not have proper health This critical improvement will allow unemployment benefits and are in and safety protections. A change made the program to provide such individ- training programs. Changes made this morning permits States to use uals with work experience and training today would permit States to use unspent emergency funds on protective that will help them obtain long-term unspent funds for protective safety safety gear. And this is a good begin- private sector employment in the fu- equipment. ning, but the bill still does not make ture. I laud the majority for recognizing this a requirement. This is especially The bill would also permit the funds and supporting the role of the public disturbing in light of the fact that the to be used to subsidize temporary pub- sector jobs and income support play in bill creates public employment in Lou- lic-sector employment in work other getting the unemployed into the work- isiana, Mississippi, and Alabama, than restoration and recovery, as long force and into good jobs. However, I do which do not have health and safety as the projects benefit the local com- want to note that there are a lot of un- protections for their State and local munity. Given the substantial number answered questions about this bill and workforces. of individuals who have lost their jobs how it will be implemented, and I am Fourth, will the funds be used to op- in this disaster, temporary work will hopeful that these questions will be an- pose extended unemployment benefits help families maintain income while swered in the coming weeks and for long-term unemployed or an ex- they work to rebuild their lives. months as additional legislation is panded disaster unemployment assist- The grants could also be used to pro- needed and as we work out this legisla- ance program? The bill permits States vide need-related payments to workers tion. to provide income-related payments to who have exhausted or did not qualify The first question is, in what types of individuals who are unemployed and for unemployment compensation bene- jobs will individuals be placed? Will have exhausted unemployment bene- fits. Workers could receive such pay- displaced individuals be placed in low- fits. It also expands the current au- ments as long as they were engaged in wage jobs? Under the Department’s ex- thority from just individuals in train- job search, job preparation or training, isting regulations, unemployed individ- ing to those who are seeking work, but thus ensuring that families will have uals can be employed in jobs earning not in training. some security as they prepare for new up to a maximum of $12,000 over 6 In the past, the Bush administration employment. months. That means a maximum of $8 proposed similar initiatives as a way of Finally, the bill would allow the Sec- an hour. preventing Congress from providing ex- retary of Labor to extend disaster re- Will all individuals be placed at the tended unemployment benefits to the lief employment assistance for an addi- maximum rate, or will some jobs be long-term unemployed. Will DOL tional 6 months, beyond the 6 months dead-end, minimum-wage jobs? Will grants be used as a vehicle to weaken permitted under current law. Given the the focus be on short-term cleanup jobs the unemployment insurance system? extraordinary circumstances of Hurri- or jobs that can lead to a decent stand- Will this program be a substitute for cane Katrina, such assistance may be ard of living? an expanded disaster unemployment needed for a longer period of time to These are important questions to assistance program which would pro- help families recover. those individuals in the area who are vide unemployment benefits to all This bill makes commonsense trying to restore their lives and restore workers unemployed as a result of the changes that would provide new flexi- the ability to maintain the standard of disaster? If this program is a substitute bility and allow our States to respond living for their families. for extended unemployment insurance immediately to the extreme needs cre- The second question is, how much or expanded disaster unemployment as- ated by this disaster. While additional money will the Department of Labor sistance, and the administration seeks job training and reemployment serv- seek for providing job assistance to the only limited WIA national emergency ices may be needed, this is a critical Katrina victims? The bill expands the grant funding, far fewer workers would first step. I urge my colleagues to sup- Department’s national emergency be helped. These requests must be an- port this legislation. grant authority, but the DOL does not swered soon. Madam Speaker, I reserve the bal- have any grant funds remaining. The Finally, what accountability require- ance of my time. fiscal year 2005 budget by the Depart- ments will apply? Many speakers, some

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8110 CONGRESSIONAL RECORD — HOUSE September 20, 2005 today, talked on the floor about their ployment of up to 6 months for individ- ed by the Department of Labor. They concern about the rate at which we are uals who participate in projects that are used to provide temporary disaster spending money and whether or not provide assistance for victims of that relief employment, for up to 6 months, there is an accountability system for particular disaster. to individuals who participate in the expenditure of that money. These In the wake of Hurricane Katrina, projects that provide clothing, food, grants are made by the Secretary of the Labor Department has awarded shelter, and other humanitarian assist- Labor on a discretionary basis. There more than $191 million in national ance for victims of a particular dis- is no requirement for adequate coordi- emergency grants thus far to help pro- aster. Funds may also be used to pro- nation with the State’s needs and ac- vide more than 40,000 temporary jobs in vide jobs for those participating in the tivities. There must be standards by the gulf coast region. The legislation demolition, the cleanup, repair, ren- which Congress and the public can before us today takes another impor- ovation, and reconstruction of facili- monitor the use and the effectiveness tant step. It adds even more flexibility ties and lands within the disaster area. of these grants. to these grants. In short, it makes These national emergency grants may I urge the majority to answer these more jobs and training available to be used by public or private entities unanswered questions. And in closing, more displaced workers more quickly. which provide employment and train- again I commend the majority for For example, for the countless dis- ing activities. making this a very important first step placed workers who have left the gulf So far, in response to Hurricane to try to get these funds to help these coast region, this measure makes na- Katrina, NEGs have been awarded to individuals who need employment and tional emergency grant funds available provide more than 40,000 temporary need the income from that employ- for employment projects located out- jobs in the gulf coast region. The Flexi- ment. side the designated Hurricane Katrina bility for Displaced Workers Act will We need a comprehensive and disaster area. It also expands the na- significantly expand the flexibility of thoughtful plan to address this crisis. tional emergency grant eligibility to the NEGs for gulf coast workers, with This bill is that first step, and I look displaced individuals who currently are the goal of making more jobs and forward to the majority’s consideration unemployed, as well as those with no training available to individuals faster. of a comprehensive, long-term effort to prior work history, and finally, to pro- This bill will specifically make NEG rebuild the affected southern coastal vide workers with the peace of mind funds available for displaced workers’ States. that this assistance will not disappear employment projects outside the des- Madam Speaker, I reserve the bal- too soon, this legislation will empower ignated Hurricane Katrina disaster ance of my time. the Secretary of Labor to extend the area. This is vital in areas like my Mr. BOUSTANY. Madam Speaker, I duration of the national emergency home State of Texas, which has become am pleased to yield such time as he grant projects from 6 months to 12 a home away from home for hundreds may consume to the gentleman from months. of thousands of Louisianans, and which Ohio (Mr. BOEHNER), the distinguished Madam Speaker, we have made sub- has sheltered a large majority of the chairman of the Committee on Edu- stantial progress over the past 2 weeks, evacuees. cation and the Workforce. both in the recovery efforts in the gulf It will permit previously awarded Mr. BOEHNER. Madam Speaker, I coast area and in our own legislative NEG funds to be directed to workers rise today in support of this bill which efforts here in Washington. This bill impacted by Hurricane Katrina and would provide significant flexibility for marks another step in the long process allow displaced workers to obtain pub- workers displaced by Hurricane that this Congress will undertake over lic-private sector jobs not related to Katrina as they seek temporary em- the coming weeks and months to ad- the disaster. Also, if necessary, the bill ployment and training. dress the needs of all of those impacted empowers the Secretary of Labor to ex- Our prayers are with the residents of by this tragedy. tend the duration of the NEG grants the gulf coast region, as well as all Once again, I want to thank the gen- from 6 months to 12 months. those working on the relief and recov- tleman from Louisiana (Mr. BOUSTANY) Lastly, the bill will authorize gulf ery effort. All of our colleagues from for his work and urge my colleagues to coast residents with expired unemploy- the region, including two of my own on join me in support of this bill. ment compensation, who are partici- the Committee on Education and the Mr. GEORGE MILLER of California. pating in reemployment activities, to Workforce, the gentleman from Lou- Madam Speaker, I reserve the balance be eligible for NEG payments. isiana (Mr. JINDAL) and the gentleman of my time. I urge all of my colleagues to vote for from Louisiana (Mr. BOUSTANY), should Mr. BOUSTANY. Madam Speaker, I this valuable piece of legislation to as- know that our thoughts are with them am pleased to yield 3 minutes to the sist victims of this horrible disaster. and their communities as well. gentleman from Texas (Mr. Mr. GEORGE MILLER of California. I commend the gentleman from Lou- MARCHANT). Madam Speaker, I yield back the bal- isiana (Mr. BOUSTANY) for drafting this Mr. MARCHANT. Madam Speaker, important piece of legislation in short Hurricane Katrina has disrupted the ance of my time. order. It will make a world of dif- life of an unprecedented number of gulf Mr. BOUSTANY. Madam Speaker, I ference for thousands of workers in his coast residents. A well-known reality yield back my time as well. region of the country. of the hurricane is the tens of thou- The SPEAKER pro tempore (Mrs. Hurricane Katrina has disrupted the sands of workers who have been dis- EMERSON). The question is on the mo- lives of an unprecedented number of placed not just from their homes but tion offered by the gentleman from gulf coast residents. Among the from their jobs. Louisiana (Mr. BOUSTANY) that the harshest realities of the hurricane is In the continuing wake of Hurricane House suspend the rules and pass the that tens of thousands of workers have Katrina, the Flexibility for Displaced bill, H.R. 3761, as amended. been displaced not just from their Workers Act is essential to increase The question was taken. homes, but from their jobs as well. the flexibility of certain funds to re- The SPEAKER pro tempore. In the Through both legislative initiatives spond to the reemployment needs of opinion of the Chair, two-thirds of here in Congress and administrative displaced workers. I commend the gen- those present have voted in the affirm- actions by the U.S. Department of tleman from Louisiana (Mr. BOUSTANY) ative. Labor, the Federal Government is for bringing forward this important Mr. GEORGE MILLER of California. working to eliminate bureaucratic red piece of legislation. Madam Speaker, on that I demand the tape so that workers and their families One way to eliminate government red yeas and nays. in the impacted areas may access im- tape so workers and their families in The yeas and nays were ordered. mediate assistance, including tem- impacted areas may access immediate The SPEAKER pro tempore. Pursu- porary job placement and training. assistance, including temporary job ant to clause 8 of rule XX and the One way we are doing this is through placement, is through increased flexi- Chair’s prior announcement, further the national emergency grants which bility of national emergency grants. proceedings on this motion will be provide temporary disaster relief em- National emergency grants are award- postponed.

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8111 EXTENSION OF WAIVER AUTHOR- Such a scenario is clearly not accept- payments accumulated $2,000, you ITY WITH RESPECT TO STUDENT able. The HEROES Act helps protect would return home owing $22,000 in- FINANCIAL ASSISTANCE our men and women in uniform so they stead of the $20,000 payment you faced Mr. KLINE. Madam Speaker, I move will not face education-related finan- when you left. to suspend the rules and pass the bill cial or administrative difficulties while That is why the gentleman from Ohio (H.R. 2132) to extend the waiver author- they defend our Nation. The men and (Mr. RYAN) and I have introduced legis- ity of the Secretary of Education with women who will continue to serve be- lation to allow those men and women respect to student financial assistance yond the end of this month deserve the to defer any interest payments during during a war or other military oper- same guarantee. that period. So when you were de- ation or national emergency. The intent of this legislation is very ployed, you would truly have a time The Clerk read as follows: specific. Congress has granted flexi- out on your loan. For example, if you H.R. 2132 bility to the Secretary of Education to left owing $20,000, you would return Be it enacted by the Senate and House of Rep- waive statutory or regulatory condi- owing $20,000. resentatives of the United States of America in tions of the Higher Education Act to It is our belief that while our men Congress assembled, ensure our men and women in uniform and women are serving our Nation SECTION 1. EXTENSION OF WAIVER AUTHORITY. are not placed in an adverse financial overseas, they should not actually be Section 6 of the Higher Education Relief position because of their service. This at the same time accumulating greater Opportunities for Students Act of 2003 (20 waiver authority gives the Secretary interest on those Federal student loans U.S.C. 1070, note) is amended by striking the power to protect recipients of stu- during that period of time. Our bill ‘‘September 30, 2005’’ and inserting ‘‘Sep- would make it mandatory that the Sec- tember 30, 2007’’. dent financial assistance from further financial difficulty generated when retary of Education make sure they did The SPEAKER pro tempore. Pursu- not come back owing more than when ant to the rule, the gentleman from they are called to serve; minimize ad- ministrative requirements without af- they left. Minnesota (Mr. KLINE) and the gen- Moreover, the gentleman from Ne- fecting the integrity of the programs; tleman from Maryland (Mr. VAN braska (Mr. OSBORNE), the gentleman and adjust the calculation used to de- HOLLEN) each will control 20 minutes. from Ohio (Mr. RYAN), and myself in- termine financial need to accurately The Chair recognizes the gentleman troduced an amendment to the Higher reflect the financial condition of the from Minnesota (Mr. KLINE). Education Act that would do exactly individual and his or her family. GENERAL LEAVE what I just described. It was taken up Madam Speaker, the HEROES Act Mr. KLINE. Madam Speaker, I ask by the Committee on Education and unanimous consent that all Members was approved 2 years ago by an over- the Workforce, and the committee may have 5 legislative days within whelming majority of 421 to 1. Today’s adopted that amendment that said not which to revise and extend their re- extension simply reinforces Congress’ only should we say you do not have to marks and include extraneous material commitment to our military, our stu- make your scheduled payments but on H.R. 2132. dents, our families and our schools. during that period of time that you are The SPEAKER pro tempore. Is there I urge my colleagues to stand in deployed, interest will not accrue. objection to the request of the gen- strong support of this initiative and I was very pleased that on a bipar- tleman from Minnesota? join me in voting ‘‘yes’’ on H.R. 2132. tisan basis the Committee on Edu- There was no objection. Madam Speaker, I reserve the bal- cation and the Workforce adopted that Mr. KLINE. Madam Speaker, I yield ance of my time. amendment. The problem is this: that myself such time as I may consume. b 1445 amendment is sitting in a queue. It is Madam Speaker, I rise today in sup- sitting in a line here waiting for the air port of H.R. 2132, legislation to extend Mr. VAN HOLLEN. Madam Speaker, I yield myself such time as I may con- traffic controllers to move it to the the waiver authority of the Secretary front of the line. And who knows what of Education with respect to student fi- sume. Madam Speaker, I rise today in sup- will happen to the higher education bill nancial assistance during a war or in the Senate. They are way behind the port of the HEROS Act introduced by other military operation or national House in that area. So there is no rea- my colleague from Minnesota, and I emergency. This legislation, Madam son for us to wait. This was an oppor- want to commend him on this legisla- Speaker, simply extends beyond Sep- tunity to make that change and make tion. It is a good bill and it is an im- tember 30 of this year the provisions of it today. the HEROES Act of 2003, legislation I portant bill. It is especially important for those introduced 2 years ago, which expresses However, I must say that I am dis- who are in the Reserves and National the support and commitment of the appointed that we are not using this Guard, who, when they are deployed, United States House of Representatives opportunity today to further strength- are often making a much larger income for the troops who protect and defend en the support we are providing to our here in the United States than the sal- the United States. men and women fighting in Iraq, Af- ary they are receiving as soldiers over- Madam Speaker, throughout our in- ghanistan, and elsewhere. We can and seas. So they had the income while volvement in the war on terrorism, should be doing better. they were here at work to make these many thousands of men and women As you heard, the bill before us al- payments, and now they are deployed who serve our Nation in the Reserves lows the Secretary of Education the overseas at lower income, yet those in- or National Guard or the Armed opportunity, the authority to ensure terest payments continue to accrue. Forces, whether Army, Marine Corps, that those men and women serving in For that reason, I would have Navy, Air Force or Coast Guard, have Iraq who have Federal student loans thought this was a terrific opportunity been called to active duty or active not have to make payments on those to address that shortcoming in this service. As our Nation seeks to rebuild loans while they are serving overseas, bill. This is a good bill, but a bill that the communities devastated by Hurri- while they are in combat, and while we can certainly make better; and cane Katrina, many more of our men they are on active duty. there is no reason we could not do it and women in uniform have been asked But the problem is this: while they today. The only reason we cannot do it to serve. are on active duty, while they do not today is this bill has been brought up Many of these men and women are have to make payments, the interest under a procedure that does not allow also college and university students payments on those loans continues to the gentleman from Ohio and myself whose service sends them away from accrue and accumulate. So, then, that and others to offer that amendment, an their class and work and studies to de- man or woman, the soldier, comes back amendment which, as I say, received fend our Nation. Unfortunately, due to to the United States owing a larger bill bipartisan support in the Committee a number of restrictions in the Higher than when he or she was deployed. on Education and the Workforce. Education Act, these individuals are at For example, if you left for Iraq or So, Madam Speaker, I had hoped we risk of losing financial assistance or Afghanistan owing $20,000 in Federal would have addressed that now, and I educational credit as a result of their student loans and you were there for a am disappointed we did not. I will sup- service. period of time, and your loan interest port this bill, because I think it is a

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8112 CONGRESSIONAL RECORD — HOUSE September 20, 2005 good bill. I just think we could have sistance for the men and women serv- gets bogged down, it seems to me we used this opportunity to make it even ing in the military by continuing to should move quickly to address that better. provide student aid flexibility; and I discrete issue that we can handle by Madam Speaker, I reserve the bal- want to applaud the gentleman from itself without all the other issues that ance of my time. Minnesota (Mr. KLINE) for his leader- are tangled up as part of the higher Mr. KLINE. Madam Speaker, I am ship in providing flexibility and sup- education bill. pleased to yield 2 minutes to the afore- port for military personnel. So, again, a good bill. I wish we had mentioned gentleman from Nebraska I would also like to thank the gen- used the opportunity to make it a lit- (Mr. OSBORNE). tleman from California (Mr. MCKEON) tle better, but I urge my colleagues to Mr. OSBORNE. Madam Speaker, I for his continued support for higher support it. thank the gentleman for yielding me education and his leadership along Madam Speaker, I yield back the bal- this time, and I am pleased to speak in with the gentleman from Minnesota ance of my time. support of the Higher Education Relief (Mr. KLINE) to protect the interests of Mr. KLINE. Madam Speaker, in clos- Opportunities for Students, or HEROS, members of the armed services. ing I wish to thank the gentleman from Act. As has been stated, this was en- The gentleman from California (Mr. Maryland and certainly thank the acted September 12 of 2001, somewhat GEORGE MILLER) and the gentleman chairman and my colleagues for their in response to events of 9/11; and it pro- from Michigan (Mr. KILDEE), on the support of this bill. It has been an in- vides relief from student loan debt for other side of the aisle, have worked teresting discussion we have had about Reservists and National Guardsmen closely with us on this bill. And be- legislative strategy. called to active duty while still in col- cause it does expire at the end of this I agree that our troops, their welfare, lege. month, we do, in fact, need to extend and the pressure that is put on them This bill expires in about 2 weeks, it. sometimes as they are students is ex- September 30, 2005; so it is only appro- The Higher Education Act, which we tremely important and something, priate that the gentleman from Min- will extend after we deal with this bill, frankly, not for us to trifle with. We nesota has introduced H.R. 2132, which deals with the issue of deferring the in- have the opportunity here with a bill extends the law for another 2 years. We terest payments on those loans for ac- that has already received over- currently have many Guardsmen and tive duty people, our servicemembers, whelming support in its current form Reservists who are still being called up who have been called up. That higher in both the House and Senate and been out of college, some to battle Hurri- education bill we will talk about when passed into law, and it seemed to us we cane Katrina; but many more are serv- we deal with the extension of the cur- should take advantage of this to make ing in Iraq and Afghanistan. Many rent Higher Education Act, but we are sure our troops receive continuous cov- Members of Congress, myself included, hopeful that in the coming month or so erage, and then address the larger have been to Iraq and Afghanistan we will be able to bring the higher edu- question the gentleman from Maryland many times, and I continue to be cation reauthorization bill to the floor raised earlier. Madam Speaker, I yield back the bal- amazed at their competence and their which will deal with the issue our ance of my time. willingness to sacrifice; and I guess friend from Maryland has referred to. The SPEAKER pro tempore (Mrs. this is the least that we can do to help I do want to say that this is an im- EMERSON). The question is on the mo- them understand how much they are portant bill. We need to get it passed tion offered by the gentleman from appreciated. and get it to the other body to pass it Minnesota (Mr. KLINE) that the House This bill also encourages colleges and so that our men and women in uniform suspend the rules and pass the bill, universities to provide a full tuition re- will not be penalized because in fact H.R. 2132. fund for students called up during a se- they were called up, those who were in The question was taken; and (two- mester. It does not mandate it, but I an institution of higher education. So I thirds having voted in favor thereof) think this is an important provision of congratulate the gentleman from Min- the rules were suspended and the bill the bill. As mentioned by the gen- nesota (Mr. KLINE). was passed. tleman from Maryland (Mr. VAN Mr. VAN HOLLEN. Madam Speaker, A motion to reconsider was laid on HOLLEN), in addition I have worked I yield myself such time as I may con- the table. with the chairman, the gentleman from sume. I urge my colleagues to support f Ohio (Mr. BOEHNER), and the gentleman this very important piece of legislation from Maryland to insert language in that extends the existing authorities HIGHER EDUCATION EXTENSION the higher education bill, which re- and again congratulate the gentleman ACT OF 2005 cently passed out of the Committee on from Minnesota (Mr. KLINE). Mr. BOEHNER. Madam Speaker, I Education and the Workforce, which I do want to underscore the fact that move to suspend the rules and pass the would extend relief from interest on I thought we should use the oppor- bill (H.R. 3784) to temporarily extend student loan payments for active duty tunity right now to improve this legis- the programs under the Higher Edu- soldiers called to active duty after lation in the way I described. We are, cation Act of 1965, and for other pur- leaving college; and of course the of course, hostage to our own congres- poses, as amended. HEROS Act would not cover those be- sional calendar, but I do not think we The Clerk read as follows: cause it refers only to those who are in should be holding our troops overseas H.R. 3784 college. hostage to that same calendar. Be it enacted by the Senate and House of Rep- So I look forward to working with The higher education bill, whenever resentatives of the United States of America in the chairman on implementation of it comes before the House, still has to Congress assembled, this provision as we further consider go through a long process. It has to get SECTION 1. SHORT TITLE. the higher ed bill at a future date, and through the House, as we know; it has This Act may be cited as the ‘‘Higher Edu- again I wish to thank the gentleman to get through the Senate; and then it cation Extension Act of 2005’’. SEC. 2. EXTENSION OF PROGRAMS. from Minnesota (Mr. KLINE) for his pro- must be signed by the President. That (a) EXTENSION OF DURATION.—The author- vision here and the chairman for his could be months. It could be years, as ization of appropriations for, and the dura- work. we know, for this process. I do not tion of, each program authorized under the Mr. VAN HOLLEN. Madam Speaker, think we should be asking the men and Higher Education Act of 1965 (20 U.S.C. 1001 I reserve the balance of my time. women in Iraq and Afghanistan to be et seq.) shall be extended through December Mr. KLINE. Madam Speaker, I am waiting years while their interest pay- 31, 2005. now very pleased to yield such time as ments on these Federal student loans (b) PERFORMANCE OF REQUIRED AND AU- he may consume to the gentleman are accumulating. THORIZED FUNCTIONS.—If the Secretary of It seems to me we should get it done Education, a State, an institution of higher from Ohio (Mr. BOEHNER), chairman of education, a guaranty agency, a lender, or the Committee on Education and the now. We have an opportunity to get it another person or entity— Workforce. done now, and I hope we will move (1) is required, in or for fiscal year 2004, to Mr. BOEHNER. Madam Speaker, I quickly to deal with that situation. Es- carry out certain acts or make certain deter- rise in support of this bill to extend as- pecially if the Higher Education Act minations or payments under a program

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8113 under the Higher Education Act of 1965, such pate in higher education programs at to expire. Too many students depend acts, determinations, or payments shall be this Nation’s colleges and universities. on this assistance as they strive for a required to be carried out, made, or contin- Higher education has become more im- higher education. Yet it is equally im- ued during the period of the extension under portant than ever with a changing portant that we remain committed to this section; or (2) is permitted or authorized, in or for fis- marketplace and increasing inter- comprehensive reforms that will build cal year 2004, to carry out certain acts or national competition; and that is why upon these programs in strengthening make certain determinations or payments the Federal investment in higher edu- them in order to expand college access. under a program under the Higher Education cation is so important. Madam Speaker, I strongly support Act of 1965, such acts, determinations, or For more than 2 years, my colleagues the extension of the Higher Education payments are permitted or authorized to be and I have been working to strengthen Act. Millions of American students de- carried out, made, or continued during the and renew the Higher Education Act so pend on these programs, and we must period of the extension under this section. that we can better serve the millions of not let our commitment to higher edu- (c) EXTENSION AT CURRENT LEVELS.—The amount authorized to be appropriated for a low- and middle-income students aspir- cation lapse. But it is equally impor- program described in subsection (a) during ing for a college education. And while tant that we remain focused on the ul- the period of extension under this section we have made great progress this year, timate goal of enacting comprehensive shall be the amount authorized to be appro- the reauthorization process is still not reforms that will strengthen and renew priated for such program for fiscal year 2004, complete. the Higher Education Act so it can or the amount appropriated for such pro- Today, I stand in support of the High- meet the needs of current and future gram for such fiscal year, whichever is great- er Education Extension Act so that we students. er. Except as provided in any amendment to ensure these vital programs continue I encourage my colleagues to support the Higher Education Act of 1965 enacted this bill and work with us in the com- during fiscal year 2005 or 2006, the amount of to serve American students. The meas- any payment required or authorized under ure extends critical programs for a ing weeks and months to complete this subsection (b) in or for the period of the ex- brief time frame, 3 months, to give comprehensive reform package so we tension under this section shall be deter- Congress the additional time it needs can better serve American students mined in the same manner as the amount of to complete this process in the best in- who are pursuing a college education. the corresponding payment required or au- terests of students and taxpayers. Madam Speaker, I reserve the bal- thorized in or for fiscal year 2004. In February, the gentleman from ance of my time. (d) ADVISORY COMMITTEES AND OTHER ENTI- California (Mr. MCKEON) and I intro- Mr. KILDEE. Madam Speaker, I yield TIES CONTINUED.—Any advisory committee, duced the College Access and Oppor- myself such time as I may consume. interagency organization, or other entity Madam Speaker, I rise today to sup- that was, during fiscal year 2004, authorized tunity Act to complete the Higher Edu- or required to perform any function under cation Act reauthorization. That bill, port H.R. 3784, a temporary 3-month ex- the Higher Education Act of 1965 (20 U.S.C. similar to legislation of the same name tension of the Higher Education Act. 1001 et seq.), or in relation to programs under we offered last year, was the culmina- This, in essence, extends temporarily that Act, shall continue to exist and is au- tion of a comprehensive effort to ex- the 1998 reauthorization which was thorized or required, respectively, to perform pand college access by focusing on fair- fashioned in a very bipartisan manner such function for the period of the extension ness, accountability, affordability, and by the gentleman from California (Mr. under this section. quality. MCKEON) and myself. (e) ADDITIONAL EXTENSION NOT PER- I am pleased that in the face of a na- MITTED.—Section 422 of the General Edu- That bill contained a number of re- cation Provisions Act (20 U.S.C. 1226a) shall forms that I had hoped would be en- tional tragedy a simple extension has not apply to further extend the authoriza- acted by today. The College Access and been offered. I hope the Republican tion of appropriations for any program de- Opportunity Act would have realigned leadership can use this time, however, scribed in subsection (a) on the basis of the our student aid programs to place first to reevaluate H.R. 609, their plan to extension of such program under this sec- priority back where it belongs, on the balance the massive deficit on the tion. millions of low- and middle-income backs of students already struggling to (f) EXCEPTION.—The programs described in students who have not yet received a pay for college. H.R. 609 is part of the subsection (a) for which the authorization of reconciliation package. appropriations, or the duration of which, is higher education. extended by this section include provisions The bill would have strengthened Madam Speaker, from my days in the applicable to institutions in, and students in Pell grants, college access programs, seminary, I always believed that rec- or from, the Freely Associated States, except and campus-based student aid. It would onciliation was a loving thing. H.R. that those provisions shall be applicable have broken down barriers and elimi- 609, however, is certainly not an act of with respect to institutions in, and students nated outdated regulations that are love. While I am cosponsor of this ex- in or from, the Federated States of Micro- preventing nontraditional students tension bill, I cannot ignore the im- nesia and the Republic of the Marshall Is- from achieving their higher education pending cuts the Higher Education Act lands only to the extent specified in Public bill will ultimately suffer if the Repub- Law 108–188. goals. It would have significantly realigned lican reauthorization bill, H.R. 609, be- The SPEAKER pro tempore. Pursu- the multibillion-dollar student loan comes law. ant to the rule, the gentleman from programs to expand access for current H.R. 609 represents the largest cut in Ohio (Mr. BOEHNER) and the gentleman and future students and restore fair- the history of Federal student financial from Michigan (Mr. KILDEE) each will ness so that all student borrowers aid. The largest cut in history. That is control 20 minutes. would be treated equally. Consumer something that should give all of us The Chair recognizes the gentleman protection for borrowers would have pause and concern, and I am sure it from Ohio (Mr. BOEHNER). been strengthened, red tape would have does. GENERAL LEAVE been reduced, and because account- The Committee on Education and the Mr. BOEHNER. Madam Speaker, I ability is the cornerstone of American Workforce reported H.R. 609 in July by ask unanimous consent that all Mem- education reform, colleges and univer- a straight party-line vote. H.R. 609 gen- bers may have 5 legislative days within sities would have been held more ac- erates nearly $9 billion by eliminating which to revise and extend their re- countable to students, parents, and some of the excessive lender subsidies, marks and include extraneous material taxpayers, the people they serve, raising interest rate caps and rates on on H.R. 3784, as amended. through increased sunshine and trans- consolidation loans, charging student The SPEAKER pro tempore. Is there parency. borrowers higher fees, and cutting crit- objection to the request of the gen- ical student aid delivery funds; yet the tleman from Ohio? b 1500 $2 million in savings gained by elimi- There was no objection. Now I remain committed to a com- nating the excessive lender subsidies Mr. BOEHNER. Madam Speaker, I prehensive reauthorization and hope to alone will not be directed to helping yield myself such time as I may con- complete that process this year. In the students in any way. sume. meantime, the bill before us is criti- When the gentleman from Maryland Madam Speaker, each year millions cally important. We cannot allow pro- (Mr. VAN HOLLEN) and I pushed to do of Americans, young and old, partici- grams under the Higher Education Act away with this outrageous subsidy to

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8114 CONGRESSIONAL RECORD — HOUSE September 20, 2005 lenders, it was our hope that the sponsibility to enact public policy that Madam Speaker, I reserve the bal- money would be used to aid students is fair for all. ance of my time. and not to finance tax cuts for the Some people do not go to college. As Mr. BOEHNER. Madam Speaker, I wealthiest. my friend knows, I am the only one of yield myself such time as I may con- Instead, the Republican-passed budg- my 11 brothers and sisters to go to col- sume. et and higher education reauthoriza- lege. To the extent we are providing Madam Speaker, I would say to my tion intends to balance the massive loans, they are being paid for by tax- friend from Michigan, and we are deficit on the backs of students already payers, some of whom do not get a friends, I proudly voted for the tax cuts struggling to pay for college. This raid higher education. So what is fair? and thank goodness that we passed on student aid misses a golden oppor- I think the underlying bill, providing them. Let us recount what has hap- tunity to redirect millions to student college loans, providing Pell grants for pened over the past 41⁄2 years: a weak borrowers and additional grant aid for underserved students, is a very good economy in 2001; followed by the dev- students. thing for our country. But how much is astating effects of 9/11; a war in Af- The gentleman from California (Mr. enough? ghanistan and a war in Iraq; and now GEORGE MILLER) and I offered an We are going to spend about $75 bil- Hurricane Katrina. amendment in committee to recycle lion this year in Pell grants and stu- If we had not enacted those tax cuts millions of dollars in savings to guar- dent loans to help low- to middle-in- in early 2001, what shape would our antee a $500 increase in the maximum come students achieve the dream of a economy be in today? I want to correct Pell grant, lower the interest rate caps higher education. I think that it is an my friend that voting for reductions in on student loans, and give students a important part of our responsibility to marginal tax rates does not mean re- choice between a low fixed or variable help improve our society. But at the ductions in revenue to the Federal rate on consolidation loans without same time, we also have a responsi- Government. We have had this debate raising costs to students or taxpayers. bility to people who pay taxes, and peo- here in Congress now for 25 years, but The Republicans rejected our amend- ple who pay taxes watching money reducing marginal tax rates has in fact ment. flowing out of this institution like increased revenues to the Federal Gov- Under H.R. 609, the typical student water over a dam. ernment. And look at the strength of borrower with $17,500 in debt will be At some point I am not going to our economy today that would not forced to pay an additional $5,800 for stand here and be embarrassed because have been there had we not had those his or her current student loans com- we help improve access to higher edu- reductions in taxes. pared to current law. However, I would cation, we help improve the ability of We can, in fact, reduce taxes, grow like to thank the gentleman from Ohio students to pay for their loan pro- our economy, and hold the lid on (Chairman BOEHNER) for offering H.R. grams, and at the same time save $9 spending and give the American people 3784, the temporary 3-month extension billion over 5 years for the taxpayers. I the best deal in the world: good govern- of the Higher Education Act. While I think it is a pretty good deal for all. ment, reasonable level of services, and am pleased to offer my support, I hope Madam Speaker, I reserve the bal- more money in their pocket, that they this extension will allow the Repub- ance of my time. can decide how to spend in the best in- lican leadership time to reconsider Mr. KILDEE. Madam Speaker, I yield terest of themselves and their families their plan to raid student aid. I offer myself such time as I may consume. and their communities. my services to work with them to We all know there is a direct rela- Madam Speaker, I reserve the bal- achieve just that. tionship between revenue and expenses. ance of my time. In the context of both reconciliation We try to keep that balance fiscally Mr. KILDEE. Madam Speaker, I yield and the reauthorization of the Higher correct and morally correct. myself such time as I may consume. Education Act, we must move forward I happen to have voted against the No one questions, and I can never in a way that helps, not harms, our tax cuts proposed by President George question either the sincerity nor the students. I look forward to working W. Bush. I voted against them because fairness of the chairman. I have been with the gentleman from Ohio (Mr. I could see what was going to happen. here 29 years, and I cannot recall a BOEHNER) and the gentleman from Cali- Most of those tax cuts, as most people chairman being more fair during all of fornia (Mr. MCKEON) to achieve that. will concede, went to the wealthier our deliberations in committee. And we Madam Speaker, I reserve the bal- people in this country, including Mem- are friends. We disagree on certain, ance of my time. bers of Congress. Had we just deducted maybe some fundamental things. But Mr. BOEHNER. Madam Speaker, I from those $2 trillion of tax cuts, when the gentleman asked what would have yield myself such time as I may con- you take the whole cost, the cost of the happened had we not enacted those tax sume. debt, if we just deducted $9 billion from cuts. One thing, we would not be seeing Madam Speaker, I appreciate my col- those $2 trillion, we would have money deficits as far out as the eye can see. league’s support of the bill today to ex- here and we would not have to balance That is not healthy for the economy, tend the Higher Education Act; but I this on the backs of the students. We so we can debate that. Maybe we find myself in a position of having to could have saved it for any other pro- should have had some of those tax cuts, rise and respond to some of the criti- gram also, obviously. I am consistent maybe not all. But again, because we cisms of H.R. 609, the reauthorization that I voted against those tax cuts. I are friends, we will continue to work bill for the Higher Education Act that got a little criticism back home from together. Because the chairman is fair, is in process. some people; not many, but some. I saw he will always give us a chance in com- The gentleman is right, we do over this coming. I could see for sure that mittee to offer our ideas and he will the next 5 years save $9 billion in tax- education was going to suffer. Those listen to them patiently. We respect payer funds while at the same time we programs for the neediest in the coun- the chairman for that on this side of reduce origination fees for students, we try were going to suffer. The tax cuts the aisle. expand loan limits for students, and were entirely too large, and those tax Madam Speaker, I have no further re- better equalize the campus-based aid cuts have forced us to where we are in quests for time, and I yield back the programs around the country. the bill put out by the committee, H.R. balance of my time. Now, my colleague and his friends on 609. Mr. BOEHNER. Madam Speaker, I the other side of the aisle came up with I think all of us have to be very cau- yield myself the balance of my time. proposals to save money as well. The tious when we vote for revenue or rev- Madam Speaker, I thank the gen- only difference here is that we decided enue cuts. We have to be very cautious tleman from Michigan (Mr. KILDEE). As that net of $9 billion ought to be saved when we vote for expenditures. But I said before, we are friends and I ap- for the taxpayers because, after all, it there is a direct relationship, so I can preciate the gentleman’s kind remarks. is their money. My friends on the other stand here with a certain purity and I believe our committee process here in side of the aisle decided to spend it. say I did not vote to give away the $2 Congress ought to be an open forum Well meaning, well intentioned, but at trillion, I voted to retain these funds so and that Members clearly can agree, some point we in Congress have a re- we could help students. but in our committee we do not really

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8115 allow members to be disagreeable. I There was no objection. mistic that the other House of Con- think what it does is foster a com- Mr. BOUSTANY. Madam Speaker, I gress will soon consider this vital legis- mittee where members cooperate and yield myself such time as I may con- lation, particularly in light of the vital get to know each other and work to- sume. role of flood damage reduction, naviga- gether, and even though we may not Madam Speaker, I rise in strong sup- tion, and storm damage reduction agree on everything, every member port of H.R. 3765, to authorize an exten- projects in protecting lives and prop- should have a right to offer his or her sion of the Army Corps of Engineers’ erty and enhancing economic well- ideas about the pending legislation. section 214 program. Section 214 of the being. Now back to the bill at hand, and I Water Resources Development Act of The tragic events associated with thank the gentleman from Michigan 2000 allows the Army Corps of Engi- Hurricane Katrina indicate how impor- (Mr. KILDEE) for supporting the exten- neers to accept and expend funds pro- tant our water infrastructure really is. sion of the Higher Education Act for 3 vided by non-Federal public entities to However, the Senate is not likely to months, and it is my fervent desire in hire additional personnel to process act on the broader legislation before the next 3 months Congress will reen- regulatory permits. the Secretary’s authority to accept act this authorization to the benefit of Madam Speaker, H.R. 3765 is urgently funds expires on September 30, just 10 millions of American students. needed since the authority for this pro- days from now. By providing this ex- gram expires on September 30 of this b 1515 tension, the program can continue un- calendar year. If this program expires, interrupted; and I urge support of this Madam Speaker, I yield back the bal- the corps will have to fire some regu- bill. ance of my time. latory personnel, reducing its ability Madam Speaker, I reserve the bal- The SPEAKER pro tempore (Mrs. to process permits in a timely manner. ance of my time. EMERSON). The question is on the mo- The Committee on Transportation Mr. BOUSTANY. Madam Speaker, I tion offered by the gentleman from and Infrastructure has heard from reserve the balance of my time. Ohio (Mr. BOEHNER) that the House sus- Members on both sides of the aisle sup- Ms. EDDIE BERNICE JOHNSON of pend the rules and pass the bill, H.R. porting the section 214 program. H.R. Texas. Madam Speaker, I yield such 3784, as amended. 3765 is identical to the language in sec- time as he may consume to the gen- The question was taken; and (two- tion 2003 of the Water Resources Devel- tleman from Washington (Mr. BAIRD). thirds having voted in favor thereof) opment Act of 2005, which passed the Mr. BAIRD. Madam Speaker, I thank the rules were suspended and the bill, House on July 14, 2005, by a vote of 406 the gentlewoman from Texas for yield- as amended, was passed. to 14. ing me this time, and my colleagues on A motion to reconsider was laid on While the other body has not yet the committee and the gentleman. the table. acted upon the Water Resources Devel- I also want to express my gratitude f opment Act this year, I am hopeful to the gentleman from Alaska (Mr. EXTENDING THE AUTHORITY OF that in the wake of Hurricane Katrina YOUNG) and the gentleman from Min- THE SECRETARY OF THE ARMY they move quickly to pass the bill pro- nesota (Mr. OBERSTAR), as well as the TO ACCEPT AND EXPEND FUNDS viding for the water resources needs of gentleman from Tennessee (Mr. DUN- Mr. BOUSTANY. Madam Speaker, I our Nation. But because the authority CAN), subcommittee Chair, for their move to suspend the rules and pass the for the section 214 program is expiring, support and recognition of the urgency bill (H.R. 3765) to extend through De- it is necessary to move this piece sepa- of this matter. cember 31, 2007, the authority of the rately. The sense of what we are about today Secretary of the Army to accept and I thank the gentleman from Wash- is trying to extend a bill that is al- expend funds contributed by non-Fed- ington (Mr. BAIRD) and our colleagues ready law that is included in the eral public entities to expedite the from Washington State for introducing WRDA bill, which we have already processing of permits. this bill. I urge all Members to vote in passed in this body but that has not The Clerk read as follows: favor of H.R. 3765. passed the other body. The reason we H.R. 3765 Madam Speaker, I reserve the bal- need to do this is common sense, and it Be it enacted by the Senate and House of Rep- ance of my time. is about preserving jobs. resentatives of the United States of America in Ms. EDDIE BERNICE JOHNSON of The listing under the Endangered Congress assembled, Texas. Madam Speaker, I yield myself Species Act of salmon in the Pacific SECTION 1. FUNDING TO PROCESS PERMITS. such time as I may consume. Northwest overwhelm the Corps of En- Section 214 of the Water Resources Devel- I support House passage of H.R. 3765. gineers and other regulatory agencies opment Act of 2000 (33 U.S.C. 2201 note; 114 This bill extends through December 31, in their ability to process permits in a Stat. 2594; 117 Stat. 1836) is amended— 2007, the authority of the Secretary of timely manner. Section 214(d) of the (1) in subsection (a) by striking ‘‘In fiscal the Army to accept and expend funds Water Resources Development Act al- years 2001 through 2005, the’’ and inserting contributed by non-Federal public enti- lows local entities to provide financial ‘‘The’’; and (2) by adding at the end the following: ties to expedite the processing of per- assistance to the corps to provide for ‘‘(c) DURATION OF AUTHORITY.—The author- mits under the Clean Water Act and the resources needed to process permits ity provided under this section shall be in ef- the Rivers and Harbor Act of 1899. more efficaciously. It does not in any fect from October 1, 2000, through December This program is popular and well re- way prejudice the outcome of that per- 31, 2007.’’. ceived, particularly in the northwest mitting application. It merely expe- The SPEAKER pro tempore. Pursu- part of the country. And I congratulate dites it and provides valuable needed ant to the rule, the gentleman from the gentleman from Washington (Mr. resources. This has been used success- Louisiana (Mr. BOUSTANY) and the gen- BAIRD), my committee colleague, for fully in partnership throughout the tlewoman from Texas (Ms. EDDIE BER- his attention to this issue and for se- Northwest and the west coast and has NICE JOHNSON) each will control 20 min- curing today’s consideration of this saved literally millions of dollars and utes. bill. thousands of jobs in our region. The Chair recognizes the gentleman The language in H.R. 3765 is identical I reiterate that the bill has passed from Louisiana (Mr. BOUSTANY). to that which is contained in H.R. 2864, the House already in its portion of the GENERAL LEAVE the Water Resources Development Act WRDA, that it is existing law. So we Mr. BOUSTANY. Madam Speaker, I of 2005, which passed the House on July are not really trying to change any- ask unanimous consent that all Mem- 14 by an overwhelming vote of 406 to 14. thing. What we are trying to do is ex- bers may have 5 legislative days within This bill should likewise receive strong tend this vital provision for several which to revise and extend their re- support. more years so that permits in the proc- marks and include extraneous material Today’s consideration of one section ess right now are not immediately on the bill under consideration. of this larger Water Resources Develop- stopped, which they otherwise would be The SPEAKER pro tempore. Is there ment Act should not be viewed as an without passage of this. objection to the request of the gen- indication that the larger bill will not Again, I thank my colleagues for tleman from Louisiana? be enacted this year. I remain opti- their leadership and recognition of the

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8116 CONGRESSIONAL RECORD — HOUSE September 20, 2005 importance of this bill. I urge its pas- ther requests for time, and I yield back Mr. BOUSTANY. Madam Speaker, I sage. the balance of my time. yield myself such time as I may con- Mr. BOUSTANY. Madam Speaker, I Mr. BOUSTANY. Madam Speaker, I sume. reserve the balance of my time. thank our colleagues from the other Madam Speaker, I will be very brief Ms. EDDIE BERNICE JOHNSON of side of the aisle for working on this bi- in my comments on this. The bill that Texas. Madam Speaker, I yield such partisan piece of legislation. It is criti- we are considering today is nearly time as he may consume to the gen- cally important, and I urge its passage. identical to the legislation that was tleman from Washington (Mr. Madam Speaker, I have no further re- approved by this body by a 401 to 1 vote MCDERMOTT). quests for time, and I yield back the last week. H.R. 3649, as passed by the Mr. MCDERMOTT. Madam Speaker, I balance of my time. Senate, includes an additional tech- thank the gentlewoman from Texas for The SPEAKER pro tempore. The nical amendment that will temporarily yielding me this time. question is on the motion offered by extend funding for national highway I rise in support of section 214, which the gentleman from Louisiana (Mr. safety programs through the end of the was introduced by the gentleman from BOUSTANY) that the House suspend the current fiscal year. Washington (Mr. BAIRD), my friend and rules and pass the bill, H.R. 3765. H.R. 3649 will also ensure that fund- colleague. ing is made available for State rec- This is a critical piece of legislation The question was taken; and (two- reational boating programs for the re- for many States including Washington, thirds having voted in favor thereof) mainder of fiscal year 2005. These funds and I hope that every member of the the rules were suspended and the bill delegation rises to voice strong bipar- was passed. support boating safety and education, tisan support. A motion to reconsider was laid on outreach and communication programs We have, in the last few weeks, seen the table. in each and every State and U.S. terri- in Katrina what nature can do, and sec- f tory to promote safe and responsible boating and fishing practices nation- tion 214 enables communities to fund a SPORTFISHING AND REC- fast-track Federal permit process by wide. REATIONAL BOATING SAFETY I thank my colleagues for their con- the Army Corps of Engineers. A modest AMENDMENTS ACT OF 2005 investment by local governments can tinued support of this important legis- reap enormous community benefits in Mr. BOUSTANY. Madam Speaker, I lation and for their work to improve time and money without compromising move to suspend the rules and concur access and safety on our Nation’s wa- either the independence or the integ- in the Senate amendment to the bill terways. I urge a ‘‘yes’’ vote on H.R. rity of the permit process. (H.R. 3649) to ensure funding for 3649. Seattle, the community I represent, sportfishing and boating safety pro- Madam Speaker, I reserve the bal- has used section 214 to save time and grams funded out of the Highway Trust ance of my time. millions of dollars on a number of im- Fund through the end of fiscal year Ms. EDDIE BERNICE JOHNSON of portant local projects including the 2005, and for other purposes. Texas. Madam Speaker, I yield myself Seawall-Viaduct project. Unless we act, The Clerk read as follows: such time as I may consume. this important tool will expire by the Senate Amendment: I rise today to voice my support for end of the month. On page 7, after line 3, insert the following H.R. 3649, the Sportfishing and Rec- Hurricane Katrina reminds us how new section: reational Boating Safety Amendments vulnerable we are to natural forces. Se- SEC. 302. CORRECTION OF DISTRIBUTION OF OB- Act of 2005. attle is an earthquake zone. There is LIGATION AUTHORITY UNDER SEC- The purpose of this bill is very sim- TION 1102(c)(4)(A) OF PUBLIC LAW no one living in Seattle who does not 109–59. ple: to correct two provisions in the re- think we are going to have another Notwithstanding section 1102(c)(4)(A) of Pub- cently passed H.R. 3, the SAFETEA-LU earthquake. And we must move quick- lic Law 109–59; 119 Stat. 1144, et seq., or any bill. One concerns the reauthorization ly, in my view, to replace the aging and other provision of law, for fiscal year 2005, obli- of the Coast Guard’s boating safety fragile viaduct along the waterfront gation authority for funds made available under program; and the other, Vehicle Safety which carries over 100,000 cars a day. title I of division H of Public Law 108–447; 118 Operations and Research funding. The viaduct is a lifeline of the region. Stat. 3216 for expenses necessary to discharge The short-term extension that ex- If it falls, the port of Seattle will be the functions of the Secretary of Transportation tended the highway program and the with respect to traffic and highway safety blocked. It will create havoc in the under chapter 301 of title 49, United States funding of the Recreational Boating whole area. It connects our commu- Code, and part C of subtitle VIf title 49, United Safety program until August 15 did not nities and is the transportation artery States Code, shall be made available in an have this provision. However, for goods arriving at the port of Se- amount equal to the funds provided therein: SAFETEA-LU provided for long-term attle and going to the middle of the Provided, That the additional obligation au- reauthorization and funding of the Rec- country. In fact, Seattle is often called thority needed to meet the requirements of this reational Boating Safety program be- ‘‘Chicago West.’’ section shall be withdrawn from the obligation ginning on October 1, the new fiscal It would be a national catastrophe if authority previously distributed to the other year. So as a result, gas taxes that are programs, projects, and activities funded by the we lost the viaduct, and we are trying amount deducted under section 117 of title I of collected between August 15 and Octo- to prepare for it. We are counting on division H of Public Law 108–447. ber 1 from recreational boaters cannot 214 as part of our comprehensive via- be given to the State boating law ad- The SPEAKER pro tempore. Pursu- duct replacement strategy, and we ministrators to fund their recreational ant to the rule, the gentleman from really do not want to lose this tool at boating safety programs. Louisiana (Mr. BOUSTANY) and the gen- this point. Without it, the seawall, the H.R. 3649 corrects this problem by ex- tlewoman from Texas (Ms. EDDIE BER- viaduct’s foundation, will surely take tending the old Recreational Boating NICE JOHNSON) each will control 20 min- much longer; and time is not on our Safety and Sportfish programs until utes. side. We had an earthquake here about October 1, 2005, when the new funding The Chair recognizes the gentleman 3 years ago which shook for 60 seconds. formulas take effect. from Louisiana (Mr. BOUSTANY). Had it shaken for about 90 seconds, we b 1530 probably would have had the catas- GENERAL LEAVE trophe at that point. Mr. BOUSTANY. Madam Speaker, I Madam Speaker, the Recreational It is not a matter of if. It is really a ask unanimous consent that all Mem- Boating Safety Grant program provides matter of when this happens in Seattle, bers may have 5 legislative days within 50/50 matching funds to the States for and we must prepare. And we need this which to revise and extend their re- their recreational boating safety and tool. marks and include extraneous material education programs. I thank the committee for bringing on H.R. 3649. These programs save lives. It is our this bill forward and urge every Mem- The SPEAKER pro tempore. Is there responsibility to see that there is not ber to support it. objection to the request of the gen- an interruption in this program. Ms. EDDIE BERNICE JOHNSON of tleman from Louisiana? H.R. 3649 also corrects a funding Texas. Madam Speaker, I have no fur- There was no objection. problem that resulted in a $23.7 million

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8117 reduction in fiscal year 2005 funds for (3) SECRETARY.—The term ‘‘Secretary’’ SEC. 4. GRANT OF EASEMENT IN CONNECTION the National Highway Traffic Safety means the Secretary of Agriculture. WITH HYDROELECTRIC PROJECT NO. 67. Administration vehicle safety pro- SEC. 3. LAND EXCHANGE, SIERRA NATIONAL FOR- EST, CALIFORNIA. (a) PURPOSE.—A hydroelectric project, li- grams. That highway safety and vehi- censed pursuant to the Federal Power Act (16 cle safety program funding is split be- (a) EXCHANGE AUTHORIZED.— (1) IN GENERAL.—If, during the one-year pe- U.S.C. 791a et seq.) as Project No. 67, is lo- tween the highway trust fund and gen- riod beginning on the date of enactment of cated on a majority of the Federal land au- eral funds. For fiscal year 2005, appro- this Act, the owner of the non-Federal land thorized for exchange under section 3. To priations chose to not provide any gen- offers the United States the exchange of the protect the ability of the owner of Project eral fund money to the National High- non-Federal land and a cash equalization No. 67 to continue to operate and maintain way Traffic Safety Administration ve- payment of $50,000, the Secretary shall con- that hydroelectric project under the current hicle safety program, instead pulling vey, by quit claim deed, all right, title, and and all future licenses or authorizations interest of the United States in and to the issued pursuant to the Federal Power Act or additional resources from the highway any other applicable law, this section is nec- trust fund. Federal land. The conveyance of the Federal land shall be subject to valid existing rights essary. NHTSA’s vehicle safety program and under such terms and conditions as the (b) EASEMENT REQUIRED.—Before conveying then became subject to the same cut in Secretary may prescribe. the Federal land under section 3, the Sec- funding as the highway projects are in (2) ACCEPTABLE TITLE.—Title to the non- retary shall grant an easement, without con- SAFETEA-LU. If these funds are not Federal land shall conform with the title ap- sideration, to the owner of Project No. 67 for restored, certain vehicle safety activi- proval standards of the Attorney General ap- the right to enter, occupy, and use for hydro- ties may be significantly impacted, in- plicable to Federal land acquisitions and electric power purposes the Federal land cur- cluding ongoing research to test and shall be acceptable to the Secretary. rently within the licensed boundary for evaluate automobiles and numerous re- (3) CORRECTION AND MODIFICATION OF LEGAL Project No. 67. The Project No. 67 owner DESCRIPTIONS.—The Secretary, in consulta- shall hold harmless the Secretary for any search projects designed to save lives tion with the owner of the non-Federal land, claims against the owner due to the grant of and prevent injuries on our Nation’s may make corrections to the legal descrip- easement. roads. tions of the Federal land and non-Federal (c) REQUIRED TERMS AND CONDITIONS.—The So I urge my colleagues to pass H.R. land. The Secretary and the owner of the easement granted under this section shall 3649 to ensure that our States receive non-Federal land may make minor modifica- provide the following: ‘‘The United States of the necessary matching funds for their tions to such descriptions insofar as such America, hereinafter called ‘Grantor’, pursu- recreational boating safety programs modifications do not affect the overall value ant to a congressional authorization, hereby between August 15, 2005 and October 1, of the exchange by more than five percent. grants, transfers, and conveys unto the [in- (b) VALUATION OF LAND TO BE CONVEYED.— 2005. sert name of Project No. 67 owner], its suc- For purposes of this section, during the pe- cessors and assigns, hereinafter called Madam Speaker, I have no further re- riod referred to in subsection (a)(1), the ‘Grantee’, all those certain exclusive ease- quests for time, I urge the passage of value of the non-Federal land shall be ments and rights in, on, under, over, along, this bill, and I yield back the balance deemed to be $200,000 and the value of the and across certain real property described in of my time. Federal land shall be deemed to be $250,000. Exhibit A, attached hereto [attach descrip- Mr. BOUSTANY. Madam Speaker, I (c) ADMINISTRATION OF LAND ACQUIRED BY tion of real property subject to the ease- yield back the balance of my time. UNITED STATES.—Once acquired, the Sec- ment] and incorporated herein (the ‘Prop- The SPEAKER pro tempore (Mrs. retary shall manage the non-Federal land in erty’), for any purpose or activity that accordance with the Act of March 1, 1911 Grantee deems convenient or necessary to EMERSON). The question is on the mo- (commonly known as the Weeks Act; 16 the creation, generation, transmission, or tion offered by the gentleman from U.S.C. 480 et seq.), and in accordance with distribution of hydropower on and off the Louisiana (Mr. BOUSTANY) that the the other laws and regulations pertaining to Property, including, but not limited to, the House suspend the rules and concur in National Forest System lands. right to inundate the Property with water, the Senate amendment to the bill, H.R. (d) CONDITIONS ON CONVEYANCE OF FEDERAL reservoir management, and compliance with 3649. LAND.—The conveyance by the Secretary legal obligations in accordance with the ap- The question was taken; and (two- under subsection (a) shall be subject to the plicable Federal Energy Regulatory Commis- thirds having voted in favor thereof) following conditions: sion license and those non-exclusive ease- the rules were suspended and the Sen- (1) That the recipient of the Federal land ments and rights to use, occupy, and enter convey all 160 acres of the Federal land to the Property, and to allow others to use, oc- ate amendment was concurred in. the Sequoia Council of the Boy Scouts of cupy, and enter the Property, for other pur- A motion to reconsider was laid on America not later than four months after poses related to hydropower and reservoir the table. the date on which the recipient receives the management and use, such as recreation by f Federal land from the Secretary under sub- Grantee or the public, and regulation of any section (a). activities on the Property that may impact SIERRA NATIONAL FOREST LAND (2) That, as described in section 5, the such purposes, at any time and from time to EXCHANGE ACT OF 2005 owner of the easement granted in section 4 time. Grantor further grants, transfers, and Mr. RENZI. Mr. Speaker, I move to have the right of first offer regarding any re- conveys unto the Grantee the right of as- suspend the rules and pass the bill conveyance of the Federal land by the Se- signment, in whole or in part, to others, quoia Council of the Boy Scouts of America. without limitation. Grantee shall have the (H.R. 409) to provide for the exchange (e) DISPOSITION AND USE OF CASH EQUALI- right to take such actions on the Property as of land within the Sierra National For- ZATION FUNDS.—The Secretary shall deposit may be necessary to comply with all applica- est, California, and for other purposes. the cash equalization payment received ble laws, rules, regulations, ordinances, or- The Clerk read as follows: under subsection (a) in the fund established ders and other governmental, regulatory, H.R. 409 by Public Law 90–171 (commonly known as and administrative authorities and require- the Sisk Act; 16 U.S.C. 484a). The cash ments, or that may be necessary for the eco- Be it enacted by the Senate and House of Rep- equalization payment shall be available to nomical entry, occupancy, and use of the resentatives of the United States of America in the Secretary until expended, without fur- Property for hydropower purposes. Grantor, Congress assembled, ther appropriation, for the acquisition of its successors and assigns, shall not deposit SECTION 1. SHORT TITLE. lands and interests in lands for the National or permit or allow to be deposited, earth, This Act may be cited as the ‘‘Sierra Na- Forest System in the State of California. rubbish, debris or any other substance or tional Forest Land Exchange Act of 2005’’. (f) COST COLLECTION FUNDS.—The owner of material on the Property, or so near thereto SEC. 2. DEFINITIONS. the non-Federal land shall be responsible for as to constitute, in the opinion of the Grant- In this Act: all direct costs associated with processing ee, an interference or obstruction to the hy- (1) FEDERAL LAND.—The term ‘‘Federal the land exchange under this section and dropower and reservoir purposes. No other land’’ means the parcels of land and improve- shall pay the Secretary the necessary funds, easements, leases, or licenses shall be grant- ments thereon comprising approximately 160 which shall be deposited in a cost collection ed on, under or over the Property by Grantor acres and located in township 9 south, range account. Funds so deposited shall be avail- to any person, firm or corporation without 25 east, section 30, E1⁄2SW1⁄4 and W1⁄2SE1⁄4, Mt. able to the Secretary until expended, with- the previous written consent of Grantee, Diablo Meridian, California. out further appropriation, for the cost asso- which consent shall not be unreasonably (2) NON-FEDERAL LAND.—The term ‘‘non- ciated with the land exchange. Any funds re- withheld. The terms, covenants and condi- Federal land’’ means a parcel of land com- maining after completion of the land ex- tions of this Grant of Easement shall bind prising approximately 80 acres and located in change, which are not needed to cover ex- and inure to the benefit of the successors and township 8 south, range 26 east, section 29, penses, shall be refunded to the owner of the assigns of Grantor and the successors and as- N1⁄2NW1⁄4, Mt. Diablo Meridian, California. non-Federal land. signs of Grantee.’’.

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8118 CONGRESSIONAL RECORD — HOUSE September 20, 2005 SEC. 5. RIGHT OF FIRST OFFER FOR SUBSE- fer. After the completion of the ex- Places, including the house and buildings on QUENT CONVEYANCE OF FEDERAL change, the landowner will convey the the approximately 6 acres of land in Concord, LAND. property to the Sequoia Council Boy Massachusetts. (a) RIGHT OF FIRST OFFER.—As a condition (2) SECRETARY.—The term ‘‘Secretary’’ means on the conveyance of the Federal land under Scouts, who have run a camp on the the Secretary of the Interior. section 3 and its reconveyance to the Se- land through a special use permit for (b) STUDY.—Not later than 2 years after the quoia Council of the Boy Scouts of America, the last 30 years. date that funds are made available for this sec- as required by section 3(d)(1), the Secretary The bill will benefit both the Forest tion, the Secretary shall conduct a boundary shall require that the Council agree to pro- Service and the Sequoia Council Boy study to evaluate the significance of Barrett’s vide the owner of the easement granted Scouts. I urge adoption of the bill. Farm in Concord, Massachusetts, as well as the under section 4 the right of first offer to ob- Mr. Speaker, I reserve the balance of suitability and feasibility of its inclusion in the tain the Federal land, or any portion thereof, National Park System as part of Minute Man that the Council ever proposes to sell, trans- my time. National Historical Park. fer, or otherwise convey. Ms. BORDALLO. Mr. Speaker, I yield (c) CONTENT OF STUDY.—The study shall in- (b) NOTICE AND OFFER.—If the Council pro- myself such time as I may consume. clude an analysis of the following: poses to sell, transfer, or otherwise convey (Ms. BORDALLO asked and was (1) The significance of Barrett’s Farm in rela- the Federal land or a portion thereof, the given permission to revise and extend tion to the Revolutionary War. Council shall give the easement owner writ- her remarks.) (2) Opportunities for public enjoyment of the ten notice specifying the terms and condi- site as part of the Minute Man National Histor- Ms. BORDALLO. Mr. Speaker, H.R. ical Park. tions on which the conveyance is proposed 409 directs the Secretary of Agriculture and offering to convey to the easement (3) Any operational, management, and private owner, on the same terms and conditions, to exchange 160 acres of Federal land in property issues that need to be considered if the Federal land or the portion thereof pro- the Sierra National Forest at Shaver Barrett’s Farm were added to the Minute Man posed for conveyance. Lake for an 80-acre inholding also in National Historical Park. (4) A determination of the feasibility of ad- (c) ACCEPTANCE OR REJECTION OF OFFER.— the Sierra National Forest. Within 90 days after the easement owner re- H.R. 409, Mr. Speaker, further re- ministering Barrett’s Farm considering its size, ceives the notice required by subsection (b) configuration, ownership, costs, and other fac- quires that the owners of the non- tors, as part of Minute Man National Historical and all available documents necessary to Federal land make a $50,000 cash perform reasonable due diligence on the pro- Park. equalization payment and convey the (5) An evaluation of the adequacy of other al- posed conveyance, the easement owner shall ternatives for management and resource protec- either accept or reject the offer. If the ease- Federal land to the Sequoia Council of tion of Barrett’s Farm. ment owner accepts the offer, the closing of the Boy Scouts of America within 4 (d) SUBMISSION OF REPORT.—Upon completion the sale shall be governed by the terms of months of receiving it. of the study, the Secretary shall submit a report the offer in the notice. Mr. Speaker, we have no objections on the findings of the study to the Committee on (d) EFFECT OF REJECTION.—If the hydro- to H.R. 409. Energy and Natural Resources of the Senate power easement owner rejects an offer under Mr. Speaker, I yield back the balance and the Committee on Resources of the House of subsection (b) or fails to respond to the offer of my time. Representatives. before the expiration of the 90-day period provided in subsection (c), the Council may Mr. RENZI. Mr. Speaker, I yield back The SPEAKER pro tempore. Pursu- convey the property covered by the notice to the balance of my time. ant to the rule, the gentleman from Ar- any other person on the same terms and con- The SPEAKER pro tempore. The izona (Mr. RENZI) and the gentlewoman ditions specified in the notice. If those terms question is on the motion offered by from Guam (Ms. BORDALLO) each will and conditions are subsequently altered in the gentleman from Arizona (Mr. control 20 minutes. any way, then the notice and offer shall RENZI) that the House suspend the The Chair recognizes the gentleman again be made to the easement owner under rules and pass the bill, H.R. 409. from Arizona (Mr. RENZI). subsection (b). The rejection by the ease- The question was taken; and (two- ment owner of one or more of such offers GENERAL LEAVE shall not affect its right of first offer as to thirds having voted in favor thereof) Mr. RENZI. Mr. Speaker, I ask unani- any other proposed conveyance by the Coun- the rules were suspended and the bill mous consent that all Members may cil. was passed. have 5 legislative days within which to The SPEAKER pro tempore (Mr. A motion to reconsider was laid on revise and extend their remarks and in- the table. LAHOOD). Pursuant to the rule, the clude extraneous material on the bill gentleman from Arizona (Mr. RENZI) f under consideration. The SPEAKER pro tempore. Is there and the gentlewoman from Guam (Ms. DIRECTING THE SECRETARY OF BORDALLO) each will control 20 min- objection to the request of the gen- THE INTERIOR TO CONDUCT A tleman from Arizona? utes. BOUNDARY STUDY EVALUATING The Chair recognizes the gentleman There was no objection. THE SIGNIFICANCE OF THE Mr. RENZI. Mr. Speaker, I yield my- from Arizona (Mr. RENZI). COLONEL JAMES BARRETT self such time as I may consume. GENERAL LEAVE FARM IN THE COMMONWEALTH Mr. Speaker H.R. 394, introduced by Mr. RENZI. Mr. Speaker, I ask unani- OF MASSACHUSETTS the gentleman from Massachusetts mous consent that all Members may Mr. RENZI. Mr. Speaker, I move to (Mr. MEEHAN) and amended by the have 5 legislative days within which to suspend the rules and pass the bill Committee on Resources, would direct revise and extend their remarks and in- (H.R. 394) to direct the Secretary of the the Secretary of the Interior to con- clude extraneous material on the bill Interior to conduct a boundary study duct a boundary study to determine under consideration. to evaluate the significance of the the significance of the Colonel James The SPEAKER pro tempore. Is there Colonel James Barrett Farm in the Barrett Farm in the Commonwealth of objection to the request of the gen- Commonwealth of Massachusetts and Massachusetts and its feasibility for tleman from Arizona? the suitability and feasibility of its in- inclusion as part of the Minute Man There was no objection. clusion in the National Park System as National Historical Park. During the Mr. RENZI. Mr. Speaker, I yield my- part of the Minute Man National His- Revolutionary War, the 5-acre farm self such time as I may consume. torical Park, and for other purposes, as was instrumental for its role as a stor- Mr. Speaker, H.R. 409, introduced by amended. age station for cannons, gunpowder, the gentleman from California (Mr. The Clerk read as follows: and other munitions. RADANOVICH), provides for the exchange H.R. 394 Mr. Speaker, I urge adoption of the of land within the Sierra National For- bill, and I reserve the balance of my Be it enacted by the Senate and House of Rep- est of California. time. The bill would exchange 160 acres of resentatives of the United States of America in Congress assembled, Ms. BORDALLO. Mr. Speaker, I yield Forest Service property, of which only SECTION 1. BOUNDARY ADJUSTMENT STUDY. myself such time as I may consume. 15 acres is above water, for 80 acres of (Ms. BORDALLO asked and was (a) DEFINITIONS.—For the purposes of this private land surrounded by National Act: given permission to revise and extend Forest. The landowner has agreed to (1) BARRETT’S FARM.—The term ‘‘Barrett’s her remarks.) pay the difference of $50,000 to the For- Farm’’ means the Colonel James Barrett Farm Ms. BORDALLO. Mr. Speaker, the est Service to finalize the land trans- listed on the National Register of Historic majority has already explained the

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8119 purpose of H.R. 394, which was intro- and hid munitions in the furrows. By conservation projects come to fruition, duced by the gentleman from Massa- the time the British reached the farm, each project representing a community chusetts (Mr. MEEHAN). Barrett’s Farm the colonial militia had taken up posi- like Concord, trying to beautify and is a significant historical resource, as tion, ready to strike at the British protect its natural history. evidenced by its previous designation Army. Finally I would like to thank the on the National Register of Historic Ultimately, the colonists and the gentleman from California (Chairman Places. British came to blows at the North POMBO) and the gentleman from West The British marched out of Boston in Bridge in Concord, where ‘‘the shot Virginia (Ranking Member RAHALL) for April of 1775 looking for munitions heard around the world’’ was fired, bringing this important bill to the stored by colonists at Barrett’s Farm. launching our war for independence. floor, and I deeply appreciate the effort They found neither the munitions nor The citizens of Concord knew the of my colleagues. the farmer’s owner, James Barrett, area, had the manpower and weapons, Ms. BORDALLO. Mr. Speaker, I yield leader of the Middlesex militia, who and sent the Redcoats running, dealing back the balance of my time. was to soon meet the British at North a harsh blow to the British Army. Mr. RENZI. Mr. Speaker, I yield back Bridge where, as Emerson wrote, ‘‘The Thirty years ago, Barrett’s Farm was the balance of my time. embattled farmers stood and fired the listed on the National Register of His- The SPEAKER pro tempore. The shot heard around the world.’’ toric Places. Even in Massachusetts, question is on the motion offered by The gentleman from Massachusetts where most places can be called his- the gentleman from Arizona (Mr. (Mr. MEEHAN) is to be commended for toric, Barrett’s Farm stands out as an RENZI) that the House suspend the his leadership on H.R. 394. Many indi- icon of American history. rules and pass the bill, H.R. 394, as viduals and organizations recognize the Minute Man National Historic Park amended. historical importance of Barrett’s encompasses 967 acres, including the The question was taken; and (two- Farm and support this legislation. It is North Bridge, Lexington Green, and thirds having voted in favor thereof) our hope that this study authorized by the Battle Road Trail, where the Brit- the rules were suspended and the bill, H.R. 394 will determine the most appro- ish traveled and advanced and re- as amended, was passed. priate means to preserve and interpret treated. A motion to reconsider was laid on this important aspect of our Nation’s Including Barrett’s Farm within the the table. history. boundaries of Minute Man Park would f Mr. Speaker, with that, we support add an integral part of this storied bat- H.R. 394 as a means to help preserve tle. Barrett’s Farm was the impetus for AMENDING THE PITTMAN-ROBERT- the history of Barrett’s Farm and its the British advance and vigorous work SON WILDLIFE RESTORATION role in the start of the American revo- of Colonel Barrett, and his militia was ACT TO EXTEND THE DATE lution, and urge adoption of the legis- a reason why the British retreated. AFTER WHICH SURPLUS FUNDS lation by the House today. This battle has become iconic of IN THE WILDLIFE RESTORATION Mr. Speaker, I yield such time as he American history and every piece of FUND BECOME AVAILABLE FOR may consume to the gentleman from that story should be preserved. By add- APPORTIONMENT Massachusetts (Mr. MEEHAN). ing the farm to the Minute Man Na- Mr. RENZI. Mr. Speaker, I move to Mr. MEEHAN. Mr. Speaker, I thank tional Historic Park and placing it in suspend the rules and pass the Senate the gentlewoman from Guam for yield- the able oversight of the National Park bill (S. 1340) to amend the Pittman- ing me this time. I also thank the gen- Service, we can ensure that this impor- Robertson Wildlife Restoration Act to tleman from Arizona for his comments tant piece of our history will be en- extend the date after which surplus on this legislation. This legislation be- joyed for generations to come. funds in the wildlife restoration fund gins the process of further protecting Passing today’s legislation, which become available for apportionment. an important part of American history. authorizes a study to this end, is the The Clerk read as follows: Colonel James Barrett’s farm, lo- first step towards reaching the goal. S. 1340 cated in the town of Concord, Massa- We would not have the opportunity Be it enacted by the Senate and House of Rep- chusetts, is already listed on the Na- to pass the bill today if it were not for resentatives of the United States of America in tional Register for Historic Places for the hard work of many people who Congress assembled, its significance. My legislation calls have ensured the story of Colonel SECTION 1. AVAILABILITY OF SURPLUS FUNDS IN for a boundary study to evaluate add- James Barrett be told. First and fore- WILDLIFE RESTORATION FUND. ing Barrett’s Farm to the Minute Man most is Anna Winter, the director of Section 3(b)(2)(C) of the Pittman-Robert- National Historic Park, which would Save Our Heritage, a nonprofit group son Wildlife Restoration Act (16 U.S.C. forever protect it from development. dedicated to preserving the grand his- 669b(b)(2)(C) is amended by striking ‘‘2006’’ and inserting ‘‘2016’’. As the gentlewoman from Guam has tory of the Commonwealth of Massa- indicated, a brief history of Barrett’s chusetts. Anna and her colleagues are The SPEAKER pro tempore. Pursu- Farm explains why its addition to the the driving force behind the effort to ant to the rule, the gentleman from Ar- Minute Man National Historic Park protect places like Walden Pond and izona (Mr. RENZI) and the gentlewoman would be appropriate. Barrett’s Farm. from Guam (Ms. BORDALLO) each will Colonel James Barrett was the com- I would also like to recognize the ef- control 20 minutes. mander of the militia in Middlesex dur- forts of Nancy Nelson, the super- The Chair recognizes the gentleman ing the Revolutionary War. His farm intendent of Minute Man National from Arizona (Mr. RENZI). was a central depot where the Amer- Park. Nancy’s tireless efforts to maxi- GENERAL LEAVE ican revolutionaries stored cannons, mize the impact of the park have cre- Mr. RENZI. Mr. Speaker, I ask unani- gunpowder, and other munitions. ated not only a spot of extraordinary mous consent that all Members may On April 19, 1775, General Thomas beauty, but also have preserved the have 5 legislative days within which to Gage, the commander of all British land in which our freedom was won. Be- revise and extend their remarks and in- forces in North America, ordered 700 of cause of Nancy and her colleagues at clude extraneous material on the bill his troops to march to Barrett’s Farm the National Park Service, our chil- under consideration. to destroy the supplies stored there. dren can learn the history of our Na- The SPEAKER pro tempore. Is there We all know the story of what hap- tion while walking the same steps as objection to the request of the gen- pened next. those patriots did centuries ago. tleman from Arizona? The colonists learned of the British I would also like to thank the staff of There was no objection. plot ahead of time and sent a Boston the Trust for Public Land, a hard- Mr. RENZI. Mr. Speaker, I yield my- silversmith, Paul Revere, into the working group of people that highly self such time as I may consume. night to call his countrymen to arms. values the conservation of all lands for Mr. Speaker, I support S. 1340 intro- Immediately, the citizens of Concord historical sites and community parks duced by the distinguished chairman of started hiding the town’s supplies. to wilderness areas. For over 30 years, the Senate Environment and Public Colonel Barrett’s sons plowed his fields the Trust has helped more than 2,700 Works Committee, Senator JAMES

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8120 CONGRESSIONAL RECORD — HOUSE September 20, 2005 INHOFE. This legislation can help fund Mr. RENZI. Mr. Speaker, I yield back prominence of women serving in the NASA repairs to the environmental damage the balance of my time. Astronaut Corp, thereby giving us hope for wrought by Hurricane Katrina to the The SPEAKER pro tempore (Mr. the future of American women in space, in- cluding Ellen Baker, Yvonne Cagle, Tracy gulf coast, as well as help other high LAHOOD). The question is on the mo- Caldwell, Kalpana Chawla, Laurel B. Clark, priority wetlands throughout the tion offered by the gentleman from Ar- Mary Cleave, Catherine Coleman, Eileen Col- United States. izona (Mr. RENZI) that the House sus- lins, Nancy J. Currie, Jan Davis, Bonnie When the North American Wetlands pend the rules and pass the Senate bill, Dunbar, Anna Fisher, Linda Godwin, Susan Conservation Act was enacted in 1989, S. 1340. J. Helms, Joan Higginbotham, Kathryn Hire, it directed that money appropriated to The question was taken; and (two- Marsha Ivins, Mae C. Jemison, Tamara E. this program was to be deposited into thirds having voted in favor thereof) Jernigan, Janet Kavandi, Susan L. Kilrain, an interest-bearing account and that the rules were suspended and the Sen- Wendy Lawrence, Shannon Lucid, Sandra the interest earned could be used for ate bill was passed. Magnus, Megan McArthur, Pamela Melroy, A motion to reconsider was laid on Barbara Morgan, Lisa Nowak, Karen Nyberg, conservation purposes. Ellen Ochoa, Judith A. Resnik, Sally K. the table. b 1545 Ride, Patricia C. Hilliard Robertson, Mar- f garet Rhea Seddon, Heidemarie Sefanyshyn- In the past 16 years the interest has RECOGNIZING SPACE SHUTTLE Piper, Nicole Scott, Kathryn C. Thornton, amounted to $235 million or nearly one- Janice Voss, Mary E. Weber, Peggy Whitson, third of the total Federal investment COMMANDER EILEEN COLLINS, Sunita Williams, and Stephanie Wilson: Now, in the North American Wetlands Con- MISSION SPECIALIST WENDY therefore, be it servation Program. LAWRENCE, AND THE CONTRIBU- Resolved, That the House of Representa- As a result of this money, millions of TIONS OF ALL OTHER WOMEN tives— acres of critical wetlands habitat has WHO HAVE WORKED WITH NASA (1) recognizes Space Shuttle Commander been conserved, maintained, purchased Eileen Collins, Mission Specialist Wendy Mr. CALVERT. Mr. Speaker, I move Lawrence, and the contributions of all other and restored. Those wetlands are essen- to suspend the rules and agree to the women who have worked with the National tial to the survival of not only millions resolution (H. Res 450) recognizing Aeronautics and Space Administration fol- of migratory waterfowl, but, more im- Space Shuttle Commander Eileen Col- lowing the successful mission of the Space portantly, to the people who live along lins, Mission Specialist Wendy Law- Shuttle Discovery on STS–114; and our coasts. rence, and the contributions of all (2) celebrates the many achievements of Most of southern Louisiana, includ- other women who have worked with women in the National Aeronautics and ing New Orleans, is wetlands. And NASA following the successful mission Space Administration and congratulates Commander Collins and the rest of her crew. those communities, as well as Gulfport of Space Shuttle Discovery on STS–114, and Biloxi, Mississippi and Mobile, Ala- as amended. The SPEAKER pro tempore. Pursu- bama, can benefit from the projects The Clerk read as follows: ant to the rule, the gentleman from California (Mr. CALVERT) and the gen- funded under this bill. Unfortunately, H. RES. 450 tleman from Texas (Mr. AL GREEN) the authority to retain earned interest Whereas the National Aeronautics and expires on September 30 of 2005. Space Administration was created in 1958 each will control 20 minutes. S. 1340 extends that provision until under President Eisenhower and has, since The Chair recognizes the gentleman 2016, and this legislation is supported then, accomplished great things in the fields from California (Mr. CALVERT). by the Bush administration, a host of of science, technology, aeronautics, and GENERAL LEAVE conservation groups, including Ducks aerospace exploration; Mr. CALVERT. Mr. Speaker, I ask Unlimited, the Congressional Sports- Whereas women have worked since the unanimous consent that all Members 1960’s for the right to play a vital role in man Foundation, and the International NASA’s missions in outer space; may have 5 legislative days within Association of Fish and Wildlife Agen- Whereas after more than twenty years of which to revise and extend their re- cies. waiting, the first American woman, Sally marks and include extraneous material Mr. Speaker, I urge a yea vote so Ride, flew in outer space in 1983 aboard the on H. Res 450, the resolution under con- that we can send this conservation Space Shuttle Challenger; sideration. measure to the President. Whereas in 1984, Kathryn Sullivan became The SPEAKER pro tempore. Is there Mr. Speaker, I reserve the balance of the first American woman to perform a space objection to the request of the gen- my time. walk aboard the Space Shuttle Challenger tleman from California? during mission STS–41; There was no objection. Ms. BORDALLO. Mr. Speaker, I yield Whereas in 1986, Christa McAuliffe, who myself such time as I may consume. was to be the first teacher and civilian in Mr. CALVERT. Mr. Speaker, I yield (Ms. BORDALLO asked and was space after being selected from 11,000 appli- myself such time as I may consume. given permission to revise and extend cants, and Mission Specialist Judith Mr. Speaker, I want to commend the her remarks.) Resnick, were killed aboard the space shut- gentlewoman from New York (Mrs. Ms. BORDALLO. Mr. Speaker, the tle Challenger just 73 seconds after lift-off MALONEY) for her insight into the con- purpose of S. 1340 is to extend for 10 during mission STS–51L; tributions of women in the NASA com- years the authorization to use surplus Whereas in 1992, Mae Jemison became the munity and to the success of our Na- first African-American woman to fly in outer tion’s civil space program. funds in the Pittman-Robertson wild- space aboard the Space Shuttle Endeavor life restoration account to support wet- during mission STS–47; House Resolution 450 goes a long way lands restoration projects, coordinated Whereas Shannon Lucid previously held in recognizing the importance of under the North American Wetlands the United States record for the amount of women to our Nation’s civil space pro- Conservation Act. time spent living and working in space on a gram, from Commander Elaine Collins The accrued interest generated by single mission aboard the Russian Mir space- and Mission Specialist Wendy Law- funds deposited in the Pittman-Robert- station for over 6 months in 1996; rence of the Discovery mission, to the son account since 1989 has provided Whereas in 1999, Eileen Collins became the other 40 women who have served in over $235 million to fund North Amer- first woman to command a space mission NASA’s Astronaut Corps. when Space Shuttle Columbia deployed the ican wetlands conservation projects Chandra X-Ray Observatory; To all of the women who offer ground across the country. Whereas in 2003, Mission Specialists support for the launches, these women This extension will ensure the con- Kalpana Chawla and Laurel Clark were in the sciences, our Nation offers a re- tinuation of this valuable conservation killed aboard the Space Shuttle Columbia on sounding thanks. funding source, and will be important reentry during mission STS–107; Not all of those women are often in to our future efforts to restore pro- Whereas we celebrate America’s Return to the spotlight, but they still serve as in- tected wetland habitats in the region Flight with Space Shuttle Discovery’s STS– spiring role models for all our daugh- devastated by Hurricane Katrina. 114 mission, which Eileen Collins com- ters. What better way to have our chil- manded and on which Wendy Lawrence I urge Members to support this wor- served as Mission Specialist; and dren think they can be whatever they thy legislation. Whereas great strides have been made in aspire to be than to have everyone Mr. Speaker, I yield back the balance the Space Shuttle and International Space share the opportunity to get a bite of of my time. Station era to increase the number and the apple of success.

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8121 In order for the United States to re- I am especially delighted today to mathematicians, and engineers of to- tain its global competitive edge, we recognize the achievements of my fel- morrow. I thank them for their won- need the contributions from all of our low New Yorker, Eileen Collins from derful contributions. I congratulate the citizens. Since all advanced societies Elmira, New York, who in 1999 became entire team. now depend on technology for their the first woman to command a space Mr. Speaker, I submit for printing in economic might, the new measure of shuttle. the RECORD the names of 29 current and that might are those graduates with In 2003, Ms. Collins again took to the 13 deceased or former female NASA as- degrees in science and engineering. reins of a space mission, providing tronauts. The United States is slipping in this steady guidance to the Space Shuttle Ellen Baker, Yvonne Cagle, Tracy category. We are producing a shrinking Discovery during an incredibly difficult Caldwell, Kalpana Chawla, Laurel B. Clark, share of the world’s technological tal- and perilous mission. Mary Cleave, Catherine Coleman, Eileen Col- ent. China and India are the newest Mr. Speaker, women have taken part lins, Nancy J. Currie, Jan Davis, Bonnie Dunbar, Anna Fisher, Linda Godwin, Susan and strongest competitors. The last in some of the greatest NASA missions, J. Helms, Joan Higginbotham, Kathryn Hire, time the U.S. graduated more engineer- and some of the most heartbreaking Marsha Ivins, Mae C. Jemison, Tamara E. ing and scientific Ph.D.s than Europe too. Some of these women gave their Jernigan, Janet Kavandi, Susan L. Kilrain. and three times as many as Asia was in lives for our country. Wendy Lawrence, Shannon Lucid, Sandra 1975. As a former teacher, I remember feel- Magnus, Megan McArthur, Pamela Melroy, These trends have reversed so now ing incredibly proud when my col- Barbara Morgan, Lisa Nowak, Karen Nyberg, the European Union graduates about 50 league, Christa McAuliffe, was selected Ellen Ochoa, Judith A. Resnik, Sally K. Ride, Patricia C. Hilliard Robertson, Mar- percent more Ph.D.s than the United from more than 11,000 applicants to be- garet Rhea Seddon, Heidemarie Sefanyshyn- States, and Asia is slightly ahead of come the first civilian in space, the Piper, Nicole Scott, Kathryn C. Thornton, the United States. first teacher in space. Janice Voss, Mary E. Weber, Peggy Whitson, At the current rate, China will prob- Of course, we were all horrified when Sunita Williams, and Stephanie Wilson. ably overtake us by 2010. They have al- the Space Shuttle Challenger exploded b 1600 ready produced nearly as many engi- 73 seconds after lift-off, cutting short neering graduates in a month as we do the lives of Christa and the other brave Mr. CALVERT. Mr. Speaker, I yield 2 in a year. Outstanding role models in- astronauts who flew with her. minutes to the gentlewoman from Ohio spire our young ladies to pursue a life The loss of the Challenger and, more (Mrs. SCHMIDT). (Mrs. SCHMIDT asked and was given of study and work in science and engi- recently, of the Space Shuttle Columbia permission to revise and extend her re- neering. were staggering blows to our country. marks.) Seeing these women doing exciting But I know that our space program will Mrs. SCHMIDT. Mr. Speaker, I thank important jobs in our space program is rebound from these disasters, as it al- the gentleman for yielding me this the best way that I know to encourage ways has, with a new sense of purpose, time. I rise in favor of House Resolu- our children to do the same. stronger and more determined than tion 450, recognizing Shuttle Com- Mr. Speaker, I would like to thank ever. mander Eileen Collins and Mission Spe- again the gentlewoman from New York I also know that as we rebuild, Amer- cialist Wendy Lawrence, who are an in- (Mrs. MALONEY) for her thoughtful leg- ican women will be leading the way, in- spiration to women everywhere. They islation. I plan to support this impor- spired by the sense of duty to our coun- serve as role models to young women tant legislation when it comes to a try and by the women who have come and have succeeded in fields tradition- vote and encourage all Members to do before them. Women like Sally Ride, ally dominated by men. the same. the first woman in space; Kathryn Sul- Their success is due in part to the Mr. Speaker, I reserve the balance of livan, the first American woman to hard work of trailblazing women who my time. perform a space walk; Mae Jeminson, came before them. Elizabeth Mr. AL GREEN of Texas. Mr. Speak- the first African American woman as- Blackwell, who was a resident of my er, I am honored to yield such time as tronaut; Shannon Lucid, who set a U.S. native Cincinnati and the first Amer- she may consume to the gentlewoman record for the most time living in ican female medical doctor, once said: from New York (Mrs. MALONEY). space. ‘‘For what is done or learned by one Mrs. MALONEY. Mr. Speaker, I am Thanks to these pioneering women class of women becomes, by virtue of delighted to rise today to pay tribute astronauts, the sky is the limit for their common womanhood, the prop- to our female astronauts. These hero- women and girls in this final frontier. erty of all women.’’ ines are not only a source of pride for Today, we recognize the contribution When we think of great women astro- all Americans, but they have also in- of all of the women who work to realize nauts, we must remember two from the spired countless women to reach for the grand mission of NASA and who Buckeye State. the stars in their own lives and careers. continue to contribute today. The first is Judith Resnick. She was The space program has long been one Mr. Speaker, today our country faces born in Akron, graduated from Fire- of the best examples of America’s lead- an increasingly severe shortage of stone High School, and earned her doc- ership role in the world. Our astronauts qualified math, science, and engineer- torate in electrical engineering before are daring, brilliant, and selfless, risk- ing students and professionals to fill joining NASA. Judith died tragically ing their lives for the sake of scientific the high-tech jobs of tomorrow. aboard Space Shuttle Challenger. discovery. But like our Nation itself, Women have long been underrep- The second is Nancy J. Currie of they were once divided along gender resented in these fields, both in the Troy, Ohio, who graduated from Troy lines. workplace and in the classroom. It is High School, earned a degree in bio- Indeed, when NASA was created by essential to our economy, even to our logical science from Ohio State Univer- President Eisenhower in 1958, there national security, that we attract the sity, eventually earning a doctorate in were no female astronauts. Of course, best and the brightest to these fields. engineering. She flew four successful there were no women on the Supreme The number of girls and young missions between 1993 and 2002, and in Court back then, and in Congress there women entering math, science, and en- 2003 Dr. Currie was selected to lead the was just one female Senator, and only gineering is growing and moving in the Space Shuttle Program Safety and 15 women serving in Congress. right direction. And in our universities Mission Assurance Office. Mr. Speaker, we have come a long and workplaces, we need to cultivate These women are outstanding in way in the last four decades. There are nondiscriminatory environments to their field, outstanding by virtue of now 14 women Senators, 66 female further this momentum. what they have accomplished, not be- Members of Congress, and at NASA NASA truly showcases the very best cause they are women. They succeeded women are not just along for the ride, of what women can achieve and can in fields traditionally dominated by they have assumed leadership roles in contribute, and the fact that they can men and inspired young girls around both the agency and on its missions, as contribute equally. May the women the country to succeed in their foot- we have seen by this fine work of Ei- pioneers we honor today inspire not steps. It is for these future female lead- leen Collins and Wendy Lawrence. only the astronauts, but the scientists, ers that we must continue to push the

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8122 CONGRESSIONAL RECORD — HOUSE September 20, 2005 envelope and recognize those who came NASA in preparing to launch the Space not just to today, but for generations before them. Shuttle Discovery. to come. Mr. Speaker, I urge my colleagues to Women have made great strides in Mr. AL GREEN of Texas. Mr. Speak- vote in favor of this bill. the space and aeronautics industry. er, I yield 4 minutes to the distin- Mr. AL GREEN of Texas. Mr. Speak- The first African American woman in guished gentlewoman from Texas (Ms. er, I yield myself such time as I may space was my good friend Dr. Mae JACKSON-LEE). consume. Jemison. She served as the science Ms. JACKSON-LEE of Texas. Mr. Mr. Speaker, I rise today in support mission specialist on STS–47 Spacelab- Speaker, I thank the distinguished gen- of House Resolution 450, a resolution to J in 1992. tleman for his support and advocation honor the women of NASA for their In 1999, Mr. Speaker, we had another for NASA and its work. I thank the hard work and dedication. In 360 B.C., first: Eileen M. Collins was the first fe- chairman of the full committee, the the great philosopher Plato bemoaned male commander of the space shuttle. gentleman from New York (Mr. BOEH- that ‘‘nothing can be more absurd than Collins and her crew launched aboard LERT); and of course the ranking mem- the practice that prevails in our coun- Space Shuttle Columbia in July of 1999. ber, the gentleman from Tennessee try of men and women not following My State of Texas has a strong focus (Mr. GORDON), for their leadership, the same pursuits with all their in space and aeronautics as the home along with the gentleman from Cali- strengths and with one mind, for thus, of the Johnson Space Center. I am es- fornia (Mr. CALVERT), chairman of our the state instead of being whole is re- pecially proud of all the women who subcommittee; and of course the rank- duced to half.’’ have made significant contributions to ing member, the gentleman from Colo- It has been more than 2,000 years the space flight, and I honor their cour- rado (Mr. UDALL). since Plato made this simple, common- age. Dr. Mary Ann Webber is another I am especially appreciative that we sense observation. It has not been easy; astronaut, who is now employed in my would come today to acknowledge not but in the intervening centuries, district at the University of Texas only the leadership of women but also women have proven time and time Southwest Medical School and working NASA’s contributions to America. So I again that they can excel in any field and encouraging young ladies now to rise to speak as well to H. Res. 441 and they choose. Along the way, there have think of a career of that sort. H. Res. 446. I thank the gentlewoman been many trailblazers: Barbara Jor- Mr. CALVERT. Mr. Speaker, I yield 2 from New York (Mrs. MALONEY), who dan, the stateswoman; Marie Curie, the minutes to the gentleman from New has been steadfast in reminding us of the importance of the involvement and scientist; Amelia Earhart, the pilot; York (Mr. BOEHLERT). Dr. Antonia Novello, the first woman (Mr. BOEHLERT asked and was given the empowerment of women. Is it not exciting that we can rise and the first Hispanic Surgeon General. permission to revise and extend his re- today as the Discovery crew comes to Today, we honor some new additions marks.) the United States Capitol to be able to to this august list, the talented women Mr. BOEHLERT. Mr. Speaker, what a acknowledge that Colonel Eileen Col- of NASA’s astronaut core. Commander pleasure it is to come to the floor, as I lins was, in fact, the commander of this Collins and Mission Specialist Law- just left Colonel Eileen Collins and particular outstanding effort to return rence performed flawlessly on their lat- Wendy Lawrence and the rest of the United States to space. STS–114 crew; and they are an inspira- est mission aboard Space Shuttle Dis- One would wonder with Hurricane tion to all of us, not just those of us in covery. Katrina behind us and Hurricane Rita They are but the latest examples of a this Chamber but to people around the in front of us why we can stand before long tradition of excellence among our world. our colleagues to acknowledge the out- I stand today in support of the reso- female astronauts that stretches back standing contributions of women to the lution offered by my colleague and over two decades to Sally Ride’s his- safety and the advancement of human- toric mission as the first American fe- good friend from the great State of kind and Americans and as well that of male astronaut. New York (Mrs. MALONEY). NASA. And I say this: NASA equates to This resolution recognizes the valu- These astronauts stand as inspira- science and scientific discovery and ad- able contributions that women have tions to young women, not only in this vancement, and I am very proud to say country but around the globe, who look made at NASA and particularly praises that our lives have been made better at them and understand that no dream those who played a role in the success by the contributions that NASA has is out of reach because they realize of STS–114. The accomplishments of made to society. that they too can do what others have the STS crew are the result of a rich We were told early on that the use of done. history of women in NASA. Long be- NASA technology could have predicted They should be very proud of their fore STS–114 women like Sally Ride, or maybe not predicted, foreseen, de- accomplishments. the first American woman in space; tected the tsunami. We know now that Of course, in praising the astronauts, Kathryn Sullivan, the first American we have seen the constant repetitive- we should not neglect the contribu- woman to perform a space walk; Mae ness of hurricanes that NASA will be a tions of other women of NASA: the sci- Jemison, the first African American in very strong partner in determining entists, the engineers, the program space; and Shannon Lucid, the previous how we can better detect the coming of managers, and all of the others who American record holder for the length hurricanes and be more safe. contribute to our space program. of time spent in space on a single mis- So it is with great pride that I rise to All of these talented women are trail- sion, they pushed the boundaries of thank Sally Ride, a neighbor in our blazers in their own right. I commend human space flight. community in Houston; Kathryn Sul- them for their hard work and the excel- Women have also paid a dear price in livan; Christa McAuliffe, who lost her lent example they set. the name of human space flight. life in the earlier Challenger flight; and I want to thank the gentlewoman Christa McAuliffe, Judith Resnick, Judith Resnick; Mae Jemison, of from New York, not only for her initia- Kalpana Chawla, and Laurel Clark will course, who served as a role model for tive in introducing this most thought- always be remembered for their cour- many, many young girls; Shannon ful resolution but also for helping age and heroism. And Eileen Collins Lucid; and of course Kalpana Chawla make real Plato’s ideal of equality of and Wendy Lawrence and the rest of and Laurel Clark, who lost their lives opportunity for all. STS–114 crew stand on the shoulders of in Columbia in the 2003 mission. I think it is a great resolution, and I those great women who came before But today we have a lot to celebrate urge its adoption. them, and this resolution rightly rec- because Eileen Collins and Wendy Law- Mr. Speaker, I am pleased to yield 2 ognizes that fact. rence were part of that great Space minutes to the distinguished gentle- Once again, I thank the gentlewoman Shuttle Discovery, STS–114. With their woman from Texas (Ms. EDDIE BERNICE from New York (Mrs. MALONEY) for in- leadership, we return to space; and I JOHNSON). troducing this important resolution, believe we return to the opportunities Ms. EDDIE BERNICE JOHNSON of and I commend all of my colleagues for that space allows. Texas. Mr. Speaker, I rise in support of paying attention on the floor today to I am always reminded, whenever we all women who have worked with something that is really important, have the opportunity to salute what

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8123 NASA does, to say that the research President John F. Kennedy set the course for Whereas the Space Shuttle Discovery Crew has generated successes in detection our Nation when he stated in a speech at Rice completed three highly successful extra-ve- and cure of strokes, HIV/AIDS, heart University in 1962: ‘‘We set sail on this new hicular activity spacewalks; disease, cancer. So we know that NASA Whereas the STS flight 114 accomplished sea because there is new knowledge to be the first in-flight heat shield repairs on the is part of our society, and it has the gained, and new rights to be won, and they Space Shuttle; ability to enhance our society. must be won and used for the progress of all Whereas the Discovery crew delivered My congratulations to the Discovery people. For space science, like nuclear more than 6 tons of needed supplies and crew, to the many women we honor science and technology, has no conscience of equipment to the International Space Sta- today, such as Ellen Baker, Yvonne its own. Whether it will become a force for tion; Cagle, Tracy Caldwell, Bonnie Dunbar, good or ill depends on man, and only if the Whereas Discovery’s spacewalkers removed Anna Fisher, Marsha Ivins, Susan L. a failed Space Station gyroscope and re- United States occupies a position of pre- placed it with a new one, restoring full capa- Kilrain, Wendy Lawrence, Ellen Ochoa, eminence can we help decide whether this Judith A. Resnick who has passed of bility of the Station’s attitude control sys- new ocean will be a sea of peace or a new tem; course, Sally K. Ride, Nicole Scott, and terrifying theater of war . . . The great British Whereas the Discovery mission success- many, many others. explorer George Mallory, who was to die on fully used three different Canadian robotic It is for us to carry forth their dream Mount Everest, was asked why did he want to extensions to conduct spacewalks and to sur- by providing the support from the climb it. He said because it is there. Well, vey the Shuttle: the Shuttle Canadarm; the United States Congress but, more im- Space Station Canadarm2; and the Orbiter space is there, and we’re going to climb it. Boom Sensor System; portant, it is to announce that these And the moon and the planets are there. And women are leaders but also that NASA Whereas the crew of the Discovery experi- new hopes for knowledge and peace are has laid the groundwork for this soci- enced ‘‘virtual’’ visits from leaders of 2 na- there. And therefore, as we set sail, we ask tions, the President of the United States and ety and all around the world to be ad- God’s blessing, on the most hazardous, and the Prime Minister of Japan; and vanced to a better quality of life. dangerous, and greatest adventure, on which Whereas Commander Eileen Collins led the My salute to NASA and to the fellow crew of 7 and guided the Discovery vehicle employees and as well to the leaders, man has ever embarked.’’ Our Nation has seen great tragedy and yet we continue to through an unprecedented back flip maneu- women, who have taken us into space. ver: Now, therefore, be it I rise today as a proud cosponsor of H. Res move forward because that is the only path Resolved, That the House of Representa- 450 which congratulates the National Aero- that knowledge will accept; truly it is appro- tives— nautics and Space Administration and the Dis- priate that this shuttle was named Discovery. (1) commends the entire National Aero- nautics and Space Administration team and covery crew. Let me offer my own personal Mr. AL GREEN of Texas. Mr. Speak- er, I have no further requests for time, community, who provided invaluable tech- congratulations to this brave crew who re- nical support and leadership for the historic turned NASA to flight and made history in our and I yield back the balance of my time. mission of Space Shuttle Discovery STS Nation through the advancement of aero- flight 114; nautics. Mr. CALVERT. Mr. Speaker, I have (2) commends Commander Eileen Collins, Being from the City of Houston, which is no further requests for time, and I for being the first female space shuttle com- home to the Johnson Space Center, I take yield back the balance of my time. mander and a role model for all; great pride in the accomplishments of NASA. The SPEAKER pro tempore (Mr. (3) commends Col. Jim Kelly, pilot of STS I am proud to say that I was among the Con- LAHOOD). The question is on the mo- 114, for his second flight aboard the Space tion offered by the gentleman from Shuttle and his participation in robotic arm gressional Delegation that was at Cape Ca- operations; naveral for the anticipated launch. While the California (Mr. CALVERT) that the House suspend the rules and agree to (4) commends Charlie Camarda, mission correct decision was made not to launch that specialist, a ‘‘rookie’’ who performed like a day, this brave crew was able to successfully the resolution, H. Res. 450, as amended. veteran by transferring the multipurpose lo- complete its mission. The launch of the Space The question was taken; and (two- gistics module from the International Space Shuttle Discovery came more than 2 years thirds having voted in favor thereof) Station to the Space Shuttle; after the tragic Columbia shuttle accident. The the rules were suspended and the reso- (5) commends Wendy Lawrence, mission crew of the Discovery included astronauts lution, as amended, was agreed to. specialist, for outstanding skill in operating Canadarm2; Steve Robinson, Jim Kelly, Andy Thomas, A motion to reconsider was laid on the table. (6) commends Soichi Noguchi of Japan, Wendy Lawrence, Charlie Camarda, Eileen mission specialist, a ‘‘rookie’’ who was a Collins and Soichi Noguchi. With implementa- f ‘‘spacewalker’’ for the inspections and re- tion of the Columbia Accident Investigation CONGRATULATING NASA AND THE pairs of the Space Shuttle; Board recommendations completed, this crew ‘‘DISCOVERY’’ CREW (7) commends Steve Robinson, mission spe- of seven astronauts flew aboard Space Shuttle cialist, for his outstanding skill as a Discovery on mission STS–114 to test new Mr. CALVERT. Mr. Speaker, I move ‘‘spacewalker,’’ who enhanced and repaired safety techniques and deliver needed supplies to suspend the rules and agree to the Discovery and the International Space Sta- to the International Space Station. Two crew- resolution (H. Res. 441) to congratulate tion; and the National Aeronautics and Space (8) commends Andy Thomas, mission spe- members, Steve Robinson and Soichi cialist, who performed the laser checks on Noguchi, ventured outside the Shuttle three Administration and the Discovery crew of Commander Eileen Collins, Pilot the leading edge of the Space Shuttle by the times on spacewalks. The first demonstrated operation of Canadarm2. repair techniques on the Shuttle’s protective Jim Kelly, Mission Specialist Charlie tiles, known as the Thermal Protection Sys- Camarda, Mission Specialist Wendy b 1615 tem. During the second spacewalk, they re- Lawrence, Mission Specialist Soichi The SPEAKER pro tempore (Mr. placed a failed Control Moment Gyroscope, Noguchi, Mission Specialist Steve Rob- LAHOOD). Pursuant to the rule, the which helps keep the station oriented properly. inson, and Mission Specialist Andy gentleman from California (Mr. CAL- Finally, they installed the External Stowage Thomas on the successful completion VERT) and the gentleman from Texas Platform, a sort of space shelf for holding of their 14 day test flight to the Inter- (Mr. AL GREEN) each will control 20 spare parts during Station construction. STS– national Space Station for the first minutes. 114 will also be the third trip of the Multi Pur- step of the Vision for Space Explo- The Chair recognizes the gentleman pose Logistics Module (MPLM) named ration, begun from the Kennedy Space from California (Mr. CALVERT). Raffaello to the Station. It’s essentially a Center, Florida, on July 26, 2005, and GENERAL LEAVE ‘‘moving van’’ that transports supplies to the completed at Edwards Air Force Base, Mr. CALVERT. Mr. Speaker, I ask orbital outpost. California, on August 9, 2005. This his- unanimous consent that all Members I have consistently stated that since the Co- torical mission represented a great may have 5 legislative days within lumbia shuttle accident, safety must be our step forward into the new beginning of which to revise and extend their re- number one priority. All Americans can look the Second Space Age, as amended. marks and include extraneous material proudly upon the achievements of our space The Clerk read as follows: on H. Res. 441, the resolution under exploration when they look upon the crew of H. RES. 441 consideration. the Space Shuttle Discovery. Whereas the Space Shuttle Return-to- The SPEAKER pro tempore. Is there Truly, we as a Nation have come a long Flight is the first step in the Nation’s Vision objection to the request of the gen- way in the area of space exploration since for Space Exploration; tleman from California?

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8124 CONGRESSIONAL RECORD — HOUSE September 20, 2005 There was no objection. Mr. AL GREEN of Texas. Mr. Speak- A lot of people will say to me what is Mr. CALVERT. Mr. Speaker, I yield er, I yield myself such time as I may all this about space, this Buck Rogers myself such time as I may consume. consume. stuff, flying in the heavens? I will tell Today, we are paying tribute to real Mr. Speaker, I rise today to honor my colleagues what it is about. It is American heroes, the crew of the re- the brave crew of STS–114 for their about finding new ways, better ways, turn-to-flight STS–114 Discovery shut- hard work and dedication in carrying to do things for the most important tle mission and the NASA team and out the space shuttle’s return-to-flight planet in the universe, the one we live community on the ground. These he- mission. on, the planet Earth. roes have the right stuff that inspires a The astronauts of STS–114 did a su- We derive so much from that invest- Nation, from kids studying math and perb job. They performed their tasks ment in space right here at home on science, to all of us who are awed and flawlessly, executing complex maneu- the planet Earth, and Colonel Collins inspired by NASA, and our astronauts. vers, conducting several space walks, and all the other team provide a con- When I introduced this resolution performing on-the-fly repairs, and de- stant source of inspiration to our less than a week ago, we had such en- livering critically needed supplies to young people to pursue career opportu- thusiastic support that we quickly se- the International Space Station. In nities, to master the science and math cured 55 bipartisan cosponsors who rep- short, they made it look easy, but in disciplines. It is wonderful. And if the resent communities across the Nation. fact we know that it was an extremely United States of America hopes to When we pass this resolution today, we challenging mission. maintain its preeminent position in plan to present a copy to each member I am pleased that this House is hon- the international marketplace, we have of the Discovery crew as a token of the oring their accomplishments today. At got to do better. What better example Nation’s gratitude for their heroism. the same time, I think they would be of what can be achieved than the dedi- We all worry about the competitive- the first to acknowledge that they did cated, committed, outstanding crew of ness of this great Nation and the fact not do it alone. that our schoolchildren are less com- The STS–114 crew was backed by a Space Transportation System 114? petitive in math and science than superb team on the ground who also de- It is a pleasure for me to join my col- many of their international peers. Cur- serve our praise. The engineers and leagues in congratulating them and all rently, the U.S. share of undergraduate support staff who made this mission of their associates in the NASA family and graduate degrees in sciences and possible should be equally proud of and all those contractors, all the thou- engineering has been falling behind their accomplishments. Their hard sands of people who made possible this those of Asia and Europe. Intuitively, work and long hours spent preparing wonderful success story. we know that we need to encourage our for this mission are fully recognized I want to congratulate the entire NASA re- youth to study these challenging sub- and gratefully appreciated. turn-to-flight team and the seven members of jects, and with heroes like Commander Thus, by our actions today, we thank the crew of STS–114 for the recent successful Eileen Collins, Pilot Jim Kelly, Mis- all of those who are responsible, not completion of their 14-day mission on the sion Specialists Charlie Camarda, just the astronauts, but the entire Space Shuttle Discovery. Specifically, I would Wendy Lawrence, Soichi Noguchi, NASA team, thousands of dedicated like to congratulate Commander Eileen Col- Steve Robinson, and Andy Thomas, it men and women at NASA centers and lins, Pilot Jim Kelly, Mission Specialist Charlie is much easier to inspire American stu- at contractor facilities across the Camarda, Mission Specialist Wendy Law- dents to devote their time and studies country. We thank them for their dedi- rence, Mission Specialist Soichi Noguchi (SO- to science, as we saw during the Apollo cation and perseverance, and we want ee-chee NO-gu-chee), Mission Specialist program. them to know that they are special to Steve Robinson, and Mission Specialist Andy The NASA family and this Discovery us. Thomas on the successful completion of their crew have initiated the first step of the NASA has made great strides since test flight to the International Space Station. Nation’s Vision for Space Exploration. the tragic Columbia accident. While it We commend the crew for the risks they Last year, the President announced the is clear that additional work lies take in furthering our Nation’s goals in space Vision for Space Exploration which ahead, it is fitting that we take a mo- exploration and we recognize them for the fine states that NASA will complete the ment to celebrate what has been ac- examples they set in pushing back the fron- International Space Station, will re- complished thus far. tiers of knowledge. This flight was the first I would like to thank the gentleman turn to the Moon no later than 2020, since the Columbia accident more than 21⁄2 and will extend human presence across from California (Chairman CALVERT) years ago and represents the culmination of a the solar system and beyond. This for his leadership in introducing this tremendous amount of work by government week, NASA released its Exploration outstanding resolution, and I am hon- and contractor engineers, scientists, techni- Architecture for this vision, which out- ored to speak in support of it. cians, and operators. This flight also brought lines the steps NASA plans to take in Mr. Speaker, I reserve the balance of more than six tons of much needed supplies order to return to the Moon and ex- my time. to the International Space Station. The return- Mr. CALVERT. Mr. Speaker, I yield 2 plore our solar system over the next 13 to-flight team and crew is to be congratulated minutes to the gentleman from upstate years. for this important step in moving our Nation’s New York (Mr. BOEHLERT), the chair- In the first space age, our Nation in- human spaceflight program forward. vested in the space program to gain man of our committee. I would like to thank the Chairman of the global leadership during the Cold War. (Mr. BOEHLERT asked and was given Space and Aeronautics Subcommittee for in- Now we are in the second space age, permission to revise and extend his re- troducing this resolution to recognize the sig- with our global competitiveness world- marks.) wide at stake. We must have the Mr. BOEHLERT. Mr. Speaker, I will nificant achievements of the NASA team and United States at the forefront in the insert this wonderful statement, devel- the crew of STS–114. exploration of our solar system and the oped by a very capable staff, in the Mr. AL GREEN of Texas. Mr. Speak- global leader in the high-technology RECORD, but let me just speak a couple er, I am honored to yield as much time industries. Our preeminence in the of minutes about something that I as she may consume to the gentle- world is dependent on our leadership in think is really important. woman from Texas (Ms. EDDIE BERNICE space. While we salute the magnificent JOHNSON). We honor the STS–114 Discovery crew team of people that made STS–114 pos- Ms. EDDIE BERNICE JOHNSON of as true American heroes. They are sible, and I am not just talking about Texas. Mr. Speaker, let me thank my strong men and women who motivate Colonel Collins and her crew, I am colleague for his leadership in bringing our children and inspire our Nation and talking about all those dedicated pro- this resolution to the floor. the world. They have taken the his- fessionals in NASA all over the coun- I rise to congratulate the National toric first step of the Vision for Space try. They are a part of a team that de- Aeronautics and Space Administration Exploration and have brought us one veloped the success story, but I want to and the Discovery crew on their suc- step closer to our Nation’s destiny. salute the American taxpayers for sup- cessful return to flight this spring and Mr. Speaker, I reserve the balance of porting this mission with their hard- on the many hours of work leading up my time. earned tax dollars. to that pivotal moment.

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8125 As a member of the House Committee honoring today, deserve our best efforts to en- and to be able to be part of this new vi- on Science, I support NASA’s commit- sure their safe journey into space and return sion of science and exploration in the ment to science and technology re- to earth. Our hopes and dreams ride with 21st century. search in space. It has been very suc- them, and we must do all we can, at whatever I thank the Discovery crew. I thank cessful. I also support the break- cost is necessary, to ensure their safety. them for their place in history. I thank throughs in aeronautics research that I look forward to working with my colleagues them for the place in history they have NASA has made over the years. to help make the Vision for Space Exploration put America and Americans, and I NASA research touches many aspects a reality. With astronauts like the Discovery thank them for helping us return to of our everyday lives such as satellite team and specialists and staff at NASA, Amer- our vision and that is the Nation’s Vi- phone technologies, intensive care ica will continue to push frontiers and lead the sion for Space Exploration. Congratu- monitoring, highway safety, breast world in space exploration and discovery. lations to all and to their families. cancer biopsies, and hurricane observa- Mr. AL GREEN of Texas. Mr. Speak- Mr. CRAMER. Mr. Speaker, I rise today in tion technology, and I could go on. er, I am honored to yield such time as support of House Resolution 441, congratu- To NASA and the Discovery crew, I she may consume to the gentlewoman lating the NASA STS–114 team on the suc- say well done. I was really on pins and from Texas (Ms. JACKSON-LEE). cessful completion of the historic test flight to needles until they hit Earth safely. Ms. JACKSON-LEE of Texas. Mr. the International Space Station. Mr. CALVERT. Mr. Speaker, I yield Speaker, again, I thank my fellow I join my colleagues in applauding Com- such time as he may consume to the Texan for the time, and I rise to con- mander Eileen Collins and her crew on the gentleman from Dallas, Texas (Mr. gratulate NASA and, of course, the Dis- outstanding job they did onboard the Shuttle HALL). covery crew for the outstanding work Discovery. This 14-day journey was one of the (Mr. HALL asked and was given per- and for the history that they made. most complex space missions in the history of mission to revise and extend his re- It is history for the United States to our Nation’s space program. The crew suc- marks.) be able to return to space. Though, we cessfully completed three spacewalks, and ac- Mr. HALL. Mr. Speaker, I rise in sup- have had a longstanding commitment, complished the first in-flight repair of the Shut- port of the resolution to congratulate and NASA has been the agency and tle’s heat shield. They replaced a failed gyro- NASA and the crew of the Space Shut- arm and focal point of Americans’, if scope onboard the Space Station, helping re- tle Discovery on their very successful you will, fascination with space and store the capability to control the Station’s po- completion of their latest mission. science and the wonderment of explo- sition in orbit. The crew also successfully uti- Mr. Speaker, I rise today in support of this ration, it is important to celebrate this lized the new Orbiter Boom Sensor System for resolution to congratulate NASA and the crew Discovery crew, not only because of Ei- the first time. This boom system gives NASA of the Space Shuttle Discovery on the suc- leen Collins, but because of the bravery an unprecedented ability to examine the con- cessful completion of their latest mission to which they showed. dition of the Shuttle once it reaches orbit. And the International Space Station. Commander One of the issues we have been grap- after an extended grounding of the Shuttle Eileen Collins, Pilot Jim Kelly, Mission Special- pling with and working with since the fleet, the Discovery crew delivered more than ists Charlie Camarda, Wendy Lawrence, tragedy of both Challenger and Colum- 12,000 pounds of much needed supplies and Soichi Noguchi, Steve Robinson, and Andy bia is the issue of safety. Even in the equipment to the Station. Discovery and its Thomas skillfully executed the 14–day mission most scrutinized of Space Shuttle Dis- crew also returned about 7,000 pounds of Sta- in outer space. covery, it was determined that there tion material back to Earth. All of us are very This Space Shuttle mission was the first was a deficiency in the launch, and a proud of their heroism and resolve during their since the Columbia disaster two years ago. difficult posture was set for those who mission. I also congratulate the NASA team on the NASA learned a great deal from that accident, were now on board and in space. The ground who worked day and night to ensure and this test flight two months ago helped the cool-headedness, the cohesion of the that this mission was a success, and as safe space agency learn even more. While in crew, the guiding hand of the com- as possible. In Congress, I have the privilege space, the crew completed three successful mander and the work of the Kennedy of representing NASA employees and contrac- spacewalks, and accomplished the first in- Space Center staff and the Johnson tors at the Marshall Space Flight Center. I am flight heat shield repairs on the Shuttle. The Space Center staff and all of the others proud of their hard work and dedication to two-week mission also encompassed the first created this opportunity for a safe re- making this Discovery flight as safe as pos- ‘‘back flip maneuver’’ so that crew could take turn. sible. At the same time, I think what Dis- pictures of the underbelly of the Shuttle to de- Mr. Speaker, STS–114 was the first of two termine if there was damage to the vehicle covery proved to us is that there is no Return-to-Flight test flights. And NASA col- during lift-off. measure we should leave, no stone lected an unprecedented amount of test data The Discovery crew also delivered more unturned as relates to safety, and I from this flight. NASA will build on what it has than 6 tons of needed supplies and equipment look forward to my colleagues moving learned from this Discovery mission as it pre- to the International Space Station. While on forward on hearings to address the pares for the second test flight. There is much the Station, ‘‘spacewalkers’’ Noguchi and Rob- question of how we can be even more work yet to be done, but I believe that under inson replaced a failed gyroscope with a new safe and move more resources toward the leadership of Administrator Mike Griffin, one, thus restoring full capability of the Sta- the question of safety and research. NASA is moving along the correct path. tion’s attitude control system. The crew also So my salute to the Discovery crew Finally, Mr. Speaker, I want to take a mo- facilitated ‘‘virtual visits’’ from the President of for what they have done not only for ment to remember the brave crewmembers of the United States and the Prime Minister of their places in history, but what they the Shuttle Columbia. Discovery’s successful Japan. have done with respect to the United mission, and the ongoing work towards the Returning the Shuttle to flight was the first States return to flight and our first second Return-to-Flight test flight, represents step toward meeting the goals of the new Vi- step toward the Nation’s Vision for our nation’s ongoing commitment to the Co- sion for Space Exploration—it helps America Space Exploration. We have now re- lumbia crew’s spirit of exploration. fulfill its promise to our international partners begun where we started in the 1960s, I strongly urge my colleagues to adopt this to complete the International Space Station. with CAMRA. We have never given up resolution. While the Shuttle’s next return to space ,will hope. We have never given up the light Mr. DREIER. Mr. Speaker, I rise today in be delayed for a few months as engineers that space provides for our young peo- strong support of House Resolution 441, work to redesign the tiles on the fuel tank, I ple. which congratulates the National Aeronautics am hopeful that we will soon be on our way Might I say that I am excited by the and Space Administration and the Space back to the Station. interest of our committee in working Shuttle Discovery’s crew for their recent 14- Just this week, NASA administrator Michael on funding sources to be able to en- day test flight. The mission was an important Griffin unveiled detailed plans for achieving courage more young people in America step in returning the Shuttle to flight and to- the goal of returning to the moon by 2018 and to take up the sciences; more girls, and ward meeting our obligations in completing the pushing on to Mars beyond that date. I am certainly boys, but an emphasis on International Space Station. The many NASA particularly pleased that the plans include young girls and young women to go employees and contractors who worked to many crew safety mechanisms for the new into geology and biology and chemistry make the flight safe and successful deserve space ship. Astronauts like the ones we are and the earth sciences and astronomy our support and praise.

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8126 CONGRESSIONAL RECORD — HOUSE September 20, 2005 The Shuttle’s successful flight lays the foun- space exploration. We gain so much for our that the brave souls who gave their lives dation for an exciting decade for NASA and an efforts. Space is of such a vital interest to our aboard the Columbia would be very proud of exciting time for everyone interested in space Nation from an economic and strategic van- this Discovery crew. science and exploration. I am especially look- tage point. The Shuttle Discovery and her Their steps of progress will lead us into the ing forward to several missions that NASA will crew provided a vital support and logistics next chapter of human exploration. undertake through the La Canada Flintridge- mission to the ISS. Their mission was an im- Thank you and I urge members to suspend based Jet Propulsion Laboratory. As my col- portant part of our on-going exploration of the rules and pass this resolution. leagues well know, I have the privilege of rep- space. I thank the crew and all of those who Mr. AL GREEN of Texas. Mr. Speak- resenting JPL and I am a strong supporter of made the mission a success. er, I have no further requests for time, it here in Congress. JPL’ s missions have con- We have a wonderful new Vision for Space and I yield back the balance of my sistently generated public support and are a Exploration that includes a return to the Moon time. mainstay in NASA’s scientific portfolio. and eventually go onward to Mars. STS–114 Mr. CALVERT. Mr. Speaker, I yield JPL’s continued management of NASA’s played its own small, but critical part in that back the balance of my time. Mars program, which for the last year and a journey. The SPEAKER pro tempore. The half has brought us the twin Rovers Spirit and Mr. GORDON. Mr. Speaker, I rise today to question is on the motion offered by Opportunity, has resulted in unprecedented honor the brave astronauts of STS–114, the gentleman from California (Mr. success. In addition, the planned 2007 launch Space Shuttle Discovery. These astronauts, CALVERT) that the House suspend the of the Phoenix Mars Scout and the 2009 and the entire NASA team, should be very rules and agree to the resolution, H. launch of the Mars Science Laboratory will proud of their accomplishments. Res. 441. provide the country with a long-duration The long hours of training and preparing The question was taken. science laboratory that represents a major paid off in the nearly flawless execution of The SPEAKER pro tempore. In the leap in space exploration. Specifically, MSL multiple spacewalks and many other critical opinion of the Chair, two-thirds of will collect soil samples and rock cores from tasks on this mission, including delivering those present have voted in the affirm- Mars and analyze them for organic com- much needed supplies to the space station ative. pounds and environmental conditions that and performing unprecedented in-flight repairs. Mr. CALVERT. Mr. Speaker, on that could have supported microbial life in the past. Americans all across this country were riv- I demand the yeas and nays. Through its work at JPL, NASA is also slat- eted by the adventures of these men and The yeas and nays were ordered. ed to begin two major missions that will give women. In fact, there was so much interest The SPEAKER pro tempore. Pursu- us greater insight into the origins of our uni- that new internet records were set: more than ant to clause 8 of rule XX and the verse. The first of these is the Space two-and-a-half million people visited NASA’s Chair’s prior announcement, further Interferometry Mission, or SIM PlanetQuest. website over the course of this mission. proceedings on this motion will be Scheduled for launch in 2012, SIM will deter- Many of those ‘‘hits’’ were children, tomor- postponed. mine the positions and distances of stars sev- row’s explorers, who have found new heroes f eral hundred times more accurately than any and role models in the crew of STS–114. By RECESS previous program. This precision will allow us showing our children what they can accom- to measure the distances to stars throughout plish, these astronauts inspire the next gen- The SPEAKER pro tempore. Pursu- the galaxy and to probe nearby stars for eration and encourage them to focus on ant to clause 12(a) of rule I, the Chair Earth-sized planets. The second mission, the science, engineering and technology—fields declares the House in recess until ap- Europa Orbiter, will discover whether an that are vital to our future economy and secu- proximately 6:30 p.m. today ocean exists beneath the surface of one of Ju- rity. Accordingly (at 4 o’clock and 29 min- piter’s most interesting moons. This mission The ability to inspire is, perhaps, the great- utes p.m.), the House stood in recess should launch in 2015. est benefit of our space program and this Dis- until approximately 6:30 p.m. JPL is also poised to conduct a series of covery crew has provided inspiration for all of missions that will examine Earth and lead to f us. better predictions and understandings of our b 1830 It is fitting that we honor the crew of STS– planet’s climate. These missions include the 114 and all of the NASA employees and con- AFTER RECESS launch of CloudSat later this year; the Ocean tractors who are helping this Nation explore Surface Topography Mission and the Orbiting The recess having expired, the House space. I thus am proud to be an original co- Carbon Observatory in 2008; and the 2009 was called to order by the Speaker pro sponsor of H. Res. 441, and I urge its adop- launch of Aquarius, which will provide the first- tempore (Mr. SIMMONS) at 6 o’clock and tion. ever global maps of salt concentrations on the 30 minutes p.m. Mr. UDALL of Colorado. Mr. Speaker, he- ocean’s surface. These missions will provide f roes are those select few among us who are valuable insight into our planet’s precipitation endowed with courage and strength, those ANNOUNCEMENT BY THE SPEAKER and weather patterns. PRO TEMPORE Each of JPL’s current and future missions who risk life and limb to further a cause great- are an integral part of NASA’s overall space er than themselves. I rise today to honor The SPEAKER pro tempore. Pursu- exploration plan. With JPL’s missions and seven such heroes, the astronaut crew of ant to clause 8 of rule XX, proceedings other NASA initiatives, such as the agency’s STS–114. will resume on motions to suspend the rollout of its new exploration architecture for These men and women should be very rules previously postponed. returning to the Moon, there can be no doubt proud of what they accomplished on this his- Votes will be taken in the following the next decade will be an exciting one. toric mission. Through their bravery and inge- order: In closing, Mr. Speaker, I want to again say nuity they helped bring our manned space H.R. 3761, by the yeas and nays; that the most recent Shuttle mission is just an- program back to life. After two-and-a-half H. Res. 441, by the yeas and nays. other example of what NASA is doing right. I years on the ground, we have finally returned f am pleased to join my colleagues today in to space to continue our exploration into the unknown. FLEXIBILITY FOR DISPLACED congratulating the crew and look forward to WORKERS ACT another successful Shuttle mission in the near Though our shuttle program still faces many future. challenges in the months and years to come, The SPEAKER pro tempore. The Mr. WELDON of Florida. Mr. Speaker, I rise we are taking time today to acknowledge the pending business is the question of sus- today with my colleagues to acknowledge the progress NASA has been made thus far. I pending the rules and passing the bill, crew of STS–114 in their heroic mission to the would like to thank those responsible, not just H.R. 3761, as amended. International Space Station this past summer. the astronauts, but the entire NASA team, The Clerk read the title of the bill. Their mission was watched with awe and ap- thousands of dedicated men and women at The SPEAKER pro tempore. The preciation by the entire world. I am proud that NASA centers across the country, for their question is on the motion offered by so many of my constituents work with NASA commitment. the gentleman from Louisiana (Mr. and especially the Human Space Flight pro- In honoring the astronauts of STS–114, we BOUSTANY) that the House suspend the gram. should not forget those who came before rules and pass the bill, H.R. 3761, as Great nations explore. America has taken them. By continuing our exploration of space, amended, on which the yeas and nays up this banner and has committed itself to this mission continues their legacy. I am sure are ordered.

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8127 The vote was taken by electronic de- Obey Ruppersberger Tauscher CONGRATULATING NASA AND THE vice, and there were—yeas 400, nays 0, Olver Ryan (OH) Taylor (NC) ‘‘DISCOVERY’’ CREW Ortiz Ryan (WI) Terry not voting 33, as follows: Osborne Ryun (KS) Thomas The SPEAKER pro tempore. The Otter Sabo [Roll No. 476] Thompson (CA) pending business is the question of sus- Owens Salazar Thompson (MS) ´ pending the rules and agreeing to the YEAS—400 Oxley Sanchez, Linda Thornberry Pascrell T. Tiahrt resolution, H. Res. 441. Abercrombie Delahunt Johnson (IL) Pastor Sanchez, Loretta Tiberi The Clerk read the title of the resolu- Ackerman DeLauro Johnson, E. B. Paul Saxton Tierney Aderholt DeLay Johnson, Sam Payne Schakowsky tion. Akin Dent Jones (NC) Pearce Schiff Turner The SPEAKER pro tempore. The Alexander Dicks Jones (OH) Pelosi Schmidt Udall (CO) question is on the motion offered by Allen Dingell Kanjorski Pence Schwartz (PA) Udall (NM) Baca Doggett Kaptur Peterson (MN) Schwarz (MI) Upton the gentleman from California (Mr. Bachus Doyle Keller Peterson (PA) Scott (GA) Van Hollen CALVERT) that the House suspend the Baird Drake Kelly Petri Scott (VA) Vela´ zquez rules and agree to the resolution, H. Baldwin Dreier Kennedy (MN) Pickering Sensenbrenner Visclosky Res. 441, on which the yeas and nays Barrett (SC) Duncan Kennedy (RI) Pitts Serrano Walden (OR) Barrow Edwards Kildee Poe Shadegg Walsh are ordered. Bartlett (MD) Ehlers Kilpatrick (MI) Pombo Shaw Wamp The vote was taken by electronic de- Barton (TX) Emanuel King (IA) Pomeroy Shays Wasserman Bass Emerson King (NY) vice, and there were—yeas 401, nays 0, Porter Sherman Schultz Bean Engel Kingston not voting 32, as follows: Price (GA) Sherwood Waters Beauprez English (PA) Kirk Price (NC) Shimkus Watson [Roll No. 477] Becerra Eshoo Kline Pryce (OH) Shuster Watt Berkley Etheridge Knollenberg YEAS—401 Putnam Simmons Waxman Berman Evans Kolbe Abercrombie Conyers Green, Al Rahall Simpson Weiner Berry Everett Kucinich Ackerman Cooper Green, Gene Ramstad Slaughter Weldon (FL) Biggert Farr Kuhl (NY) Rangel Smith (NJ) Aderholt Costa Grijalva Weldon (PA) Bilirakis Fattah LaHood Regula Smith (TX) Akin Costello Gutierrez Weller Bishop (GA) Feeney Langevin Rehberg Smith (WA) Alexander Cramer Gutknecht Westmoreland Bishop (NY) Ferguson Lantos Reichert Snyder Allen Crenshaw Hall Bishop (UT) Filner Larsen (WA) Renzi Sodrel Wexler Baca Crowley Harman Blackburn Fitzpatrick (PA) Larson (CT) Reyes Solis Whitfield Bachus Cubin Harris Blumenauer Flake Latham Reynolds Souder Wicker Baird Cuellar Hart Blunt Foley LaTourette Rogers (AL) Spratt Wilson (NM) Baker Culberson Hastings (FL) Boehlert Forbes Leach Rogers (KY) Stark Wilson (SC) Baldwin Cummings Hastings (WA) Boehner Fortenberry Lee Rogers (MI) Stearns Wolf Barrett (SC) Cunningham Hayes Bonilla Fossella Levin Rohrabacher Stupak Woolsey Barrow Davis (AL) Hayworth Bonner Foxx Lewis (CA) Ross Sullivan Wu Bartlett (MD) Davis (CA) Hefley Bono Frank (MA) Lewis (GA) Rothman Sweeney Wynn Barton (TX) Davis (IL) Hensarling Boozman Franks (AZ) Lewis (KY) Roybal-Allard Tancredo Young (AK) Bass Davis (KY) Herger Boren Frelinghuysen Linder Royce Tanner Young (FL) Bean Davis (TN) Herseth Boucher Gallegly Lipinski Beauprez Davis, Jo Ann Higgins Boustany Garrett (NJ) LoBiondo NOT VOTING—33 Becerra Davis, Tom Hinchey Boyd Gerlach Lofgren, Zoe Andrews Ford Pallone Berkley Deal (GA) Hinojosa Bradley (NH) Gilchrest Lowey Baker Gibbons Platts Berman DeFazio Hobson Brady (PA) Gillmor Lucas Boswell Hoekstra Radanovich Berry DeGette Holden Brady (TX) Gingrey Lungren, Daniel Brown, Corrine Kind Ros-Lehtinen Biggert Delahunt Holt Brown (OH) Gohmert E. Burton (IN) Lynch Rush Bilirakis DeLauro Honda Brown (SC) Gonzalez Mack Camp Manzullo Sanders Bishop (GA) DeLay Hooley Brown-Waite, Goode Maloney Cummings McHenry Sessions Bishop (NY) Dent Hostettler Ginny Goodlatte Marchant Davis (FL) McKinney Skelton Bishop (UT) Dicks Hoyer Burgess Gordon Markey Diaz-Balart, L. Menendez Strickland Blackburn Dingell Hulshof Butterfield Granger Marshall Diaz-Balart, M. Murtha Taylor (MS) Blumenauer Doggett Hunter Buyer Graves Matheson Doolittle Myrick Towns Blunt Doyle Hyde Calvert Green (WI) Matsui Boehlert Drake Inglis (SC) Cannon Green, Al McCarthy ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boehner Dreier Inslee Cantor Green, Gene McCaul (TX) The SPEAKER pro tempore (Mr. SIM- Bonilla Duncan Israel Capito Grijalva McCollum (MN) MONS) (during the vote). Members are Bonner Edwards Issa Capps Gutierrez McCotter Bono Ehlers Istook Capuano Gutknecht McCrery reminded they have 2 minutes remain- Boozman Emanuel Jackson (IL) Cardin Hall McDermott ing in which to cast their votes. Boren Emerson Jackson-Lee Cardoza Harman McGovern Boucher Engel (TX) Carnahan Harris McHugh b 1851 Boustany English (PA) Jefferson Carson Hart McIntyre Mr. PAUL changed his vote from Boyd Eshoo Jenkins Carter Hastings (FL) McKeon Bradley (NH) Etheridge Jindal Case Hastings (WA) McMorris ‘‘nay’’ to ‘‘yea.’’ Brady (PA) Evans Johnson (CT) Castle Hayes McNulty So (two-thirds having voted in favor Brady (TX) Everett Johnson (IL) Chabot Hayworth Meehan thereof) the rules were suspended and Brown (OH) Farr Johnson, E. B. Chandler Hefley Meek (FL) the bill, as amended, was passed. Brown (SC) Fattah Johnson, Sam Chocola Hensarling Meeks (NY) The result of the vote was announced Brown-Waite, Feeney Jones (NC) Clay Herger Melancon Ginny Ferguson Jones (OH) Cleaver Herseth Mica as above recorded. Burgess Filner Kanjorski Clyburn Higgins Michaud A motion to reconsider was laid on Butterfield Fitzpatrick (PA) Kaptur Coble Hinchey Millender- the table. Buyer Flake Keller Cole (OK) Hinojosa McDonald Calvert Foley Kelly Conaway Hobson Miller (FL) f Cannon Forbes Kennedy (MN) Conyers Holden Miller (MI) ANNOUNCING THE BIRTH OF JACK Cantor Fortenberry Kennedy (RI) Cooper Holt Miller (NC) Capito Fossella Kildee Costa Honda Miller, Gary KEVIN BARTON Capps Foxx Kilpatrick (MI) Costello Hooley Miller, George (Mr. BARTON of Texas asked and Capuano Frank (MA) King (IA) Cramer Hostettler Mollohan Cardin Franks (AZ) King (NY) Crenshaw Hoyer Moore (KS) was given permission to address the Cardoza Frelinghuysen Kingston Crowley Hulshof Moore (WI) House for 1 minute.) Carnahan Gallegly Kirk Cubin Hunter Moran (KS) Mr. BARTON of Texas. Mr. Speaker, Carson Garrett (NJ) Kline Cuellar Hyde Moran (VA) we have had some catastrophes the last Carter Gerlach Knollenberg Culberson Inglis (SC) Murphy Case Gilchrest Kucinich Cunningham Inslee Musgrave several weeks in our great Nation, but Castle Gillmor Kuhl (NY) Davis (AL) Israel Nadler there is some good news. I am proud to Chabot Gingrey LaHood Davis (CA) Issa Napolitano report that the Sixth District of Texas Chandler Gohmert Langevin Davis (IL) Istook Neal (MA) Chocola Gonzalez Lantos Davis (KY) Jackson (IL) Neugebauer has a new voter, at least in 18 years. Clay Goode Larsen (WA) Davis (TN) Jackson-Lee Ney Jack Kevin Barton was born to my Cleaver Goodlatte Larson (CT) Davis, Jo Ann (TX) Northup sweet wife, Terri, last Thursday Clyburn Gordon Latham Davis, Tom Jefferson Norwood evening at 7:06. He weighs 10 pounds, 4 Coble Granger LaTourette Deal (GA) Jenkins Nunes Cole (OK) Graves Leach DeFazio Jindal Nussle ounces. He is in good health and is po- Conaway Green (WI) Lee DeGette Johnson (CT) Oberstar litically unaffiliated.

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8128 CONGRESSIONAL RECORD — HOUSE September 20, 2005 Levin Osborne Sherwood cialist Charlie Camarda, Mission Spe- During her senior year in high Lewis (CA) Otter Shimkus cialist Wendy Lawrence, Mission Spe- school, Ms. Madison became only the Lewis (GA) Owens Shuster Lewis (KY) Oxley Simmons cialist Soichi Noguchi, Mission Spe- third athlete in Ohio history to capture Linder Pascrell Simpson cialist Steve Robinson, and Mission four events in a State meet 2 years in Lipinski Pastor Skelton Specialist Andy Thomas on the suc- a row. The first was another long jump- LoBiondo Paul Slaughter cessful completion of their 14 day test er, Jesse Owens. Lofgren, Zoe Payne Smith (NJ) Lowey Pearce Smith (TX) flight to the International Space Sta- At 19, Ms. Madison is one of the Lucas Pelosi Snyder tion for the first step of the Vision for youngest-ever world track champions. Lungren, Daniel Pence Sodrel E. Peterson (MN) Space Exploration, begun from the When asked by the Plain Dealer if she Solis was surprised by her stunning perform- Mack Peterson (PA) Souder Kennedy Space Center, Florida, on Maloney Petri Spratt July 26, 2005, and completed at Edwards ance, she replied, ‘‘I expected it. I Marchant Pickering Stark Air Force Base, California, on August prayed about it. I knew it was going to Markey Pitts Stearns 9, 2005, which historical mission rep- happen. I just did not know which Matheson Platts Stupak Matsui Poe Sullivan resented a great step forward into the year.’’ McCarthy Pombo Sweeney new beginning of the Second Space Mr. Speaker, it is my honor to con- McCaul (TX) Porter Tancredo Age.’’. gratulate Tianna Madison on her re- McCollum (MN) Price (GA) Tanner McCotter Price (NC) A motion to reconsider was laid on markable achievement. Tauscher McCrery Pryce (OH) Taylor (NC) the table. f McDermott Putnam Terry McGovern Rahall f Thomas PERSONAL EXPLANATION McHugh Ramstad Thompson (CA) McIntyre Rangel PERSONAL EXPLANATION Ms. WOOLSEY. Mr. Speaker, I was Thompson (MS) McKeon Regula unavoidably detained and missed roll Thornberry Mr. ANDREWS. Mr. Speaker, I regret that I McKinney Rehberg Tiahrt call vote 471 and 472 on Thursday of McMorris Reichert missed two votes on September 20, 2005. Tiberi McNulty Renzi Had I been present I would have voted ‘‘yes’’ last week. Had I been present, I would Tierney Meehan Reyes on rollcall Nos. 476 and 477. have voted nay on roll call 471, and nay Meek (FL) Reynolds Turner on roll call 472. Meeks (NY) Rogers (AL) Udall (CO) f Melancon Rogers (KY) Udall (NM) f Upton PERSONAL EXPLANATION Mica Rogers (MI) SPECIAL ORDERS Michaud Rohrabacher Van Hollen ´ Mr. BURTON of Indiana. Mr. Speaker, I was Millender- Ross Velazquez The SPEAKER pro tempore (Mr. SIM- Visclosky regrettably delayed in my return to Wash- McDonald Rothman MONS). Under the Speaker’s announced Miller (FL) Roybal-Allard Walden (OR) ington, DC, from a meeting with Nicaraguan Walsh policy of January 4, 2005, and under a Miller (MI) Royce President Bolan˜os in Managua, and therefore Miller (NC) Ruppersberger Wamp previous order of the House, the fol- unable to be on the House Floor for rollcall Miller, Gary Ryan (OH) Wasserman lowing Members will be recognized for Schultz votes 476 and 477. Had I been here I would Miller, George Ryan (WI) 5 minutes each. Mollohan Ryun (KS) Waters have voted ‘‘yea’’ on rollcall vote 476, and Moore (KS) Sabo Watson f Watt ‘‘yea’’ on rollcall vote 477. Moore (WI) Salazar The SPEAKER pro tempore. Under a Moran (KS) Sa´ nchez, Linda Waxman f Moran (VA) T. Weiner previous order of the House, the gen- Murphy Sanchez, Loretta Weldon (FL) REPORT ON RESOLUTION PRO- tleman from Minnesota (Mr. GUT- Musgrave Saxton Weldon (PA) VIDING FOR CONSIDERATION OF KNECHT) is recognized for 5 minutes. Nadler Schakowsky Weller H.R. 250, MANUFACTURING TECH- Napolitano Schiff Westmoreland (Mr. GUTKNECHT addressed the Neal (MA) Schmidt Wexler NOLOGY COMPETITIVENESS ACT House. His remarks will appear here- Neugebauer Schwartz (PA) Whitfield OF 2005 after in the Extensions of Remarks.) Ney Schwarz (MI) Wicker Northup Scott (GA) Wilson (NM) Mr. GINGREY, from the Committee f Norwood Scott (VA) Wilson (SC) on Rules, submitted a privileged report EXCHANGE OF SPECIAL ORDER Nunes Sensenbrenner Wolf (Rept. No. 109–227) on the resolution (H. TIME Nussle Serrano Woolsey Res. 451) providing for consideration of Oberstar Shadegg Wu Mr. OSBORNE. Mr. Speaker, I ask Obey Shaw Wynn the bill (H.R. 250) to establish an inter- Olver Shays Young (AK) agency committee to coordinate Fed- unanimous consent to claim the time Ortiz Sherman Young (FL) eral manufacturing research and devel- of the gentleman from Minnesota (Mr. NOT VOTING—32 opment efforts in manufacturing, GUTKNECHT). The SPEAKER pro tempore. Is there Andrews Hoekstra Pomeroy strengthen existing programs to assist Boswell Kind Radanovich manufacturing innovation and edu- objection to the request of the gen- Brown, Corrine Kolbe Ros-Lehtinen cation, and expand outreach programs tleman from Nebraska? Burton (IN) Lynch Rush There was no objection. Camp Manzullo Sanders for small and medium-sized manufac- Davis (FL) Marshall Sessions turers, and for other purposes, which f Diaz-Balart, L. McHenry Smith (WA) was referred to the House Calendar and COST OF E85 FUEL AND Diaz-Balart, M. Menendez Strickland Doolittle Murtha ordered to be printed. UNLEADED FUEL Taylor (MS) Ford Myrick Towns f Gibbons Pallone The SPEAKER pro tempore. Under a b 1915 previous order of the House, the gen- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tleman from Nebraska (Mr. OSBORNE) is The SPEAKER pro tempore (Mr. SIM- HONORING TIANNA MADISON recognized for 5 minutes. MONS) (during the vote). Members are (Mr. BROWN of Ohio asked and was Mr. OSBORNE. Mr. Speaker, I am advised 2 minutes remain in this vote. given permission to address the House certainly a great supporter of the eth- b 1912 for 1 minute.) anol industry. Ethanol does a great So (two-thirds having voted in favor Mr. BROWN of Ohio. Mr. Speaker, I many good things. It reduces our de- thereof) the rules were suspended and rise today to recognize a distinguished pendence on foreign oil. It reduces the the resolution, as amended, was agreed Ohioan, Tianna Madison. In August, trade deficit, which is certainly a very to. Ms. Madison, a graduate of Elyria High difficult problem for our economy. It The result of the vote was announced School, won the long jump at the reduces the cost of the farm bill. And it as above recorded. World Track and Field Championships helps the economy, creates roughly The title of the resolution was held in Helsinki. 200,000 jobs. And, of course, it also pro- amended so as to read: ‘‘To congratu- A nine-time State champion, Ms. duces more energy than it consumes. late the National Aeronautics and Madison shocked the world when she Mr. Speaker, this is something that Space Administration and the Dis- leaped 22 feet, 71⁄4 inches to win the is widely misunderstood. And I would covery crew of Commander Eileen Col- title, defeating Russian Olympic silver like to show the chart here, Mr. Speak- lins, Pilot Jim Kelly, Mission Spe- medalist Tatyana Kotova. er, that I think illustrates something

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8129 that many people do not realize. For ing to take a look at it, the volatility tice, only 2 percent of Federal gun every BTU of energy that goes into the of fuel prices and the fact that this is crimes are enforced. I have introduced process of making ethanol, you get really very damaging to our economy. legislation to improve the National In- roughly 1.4 BTUs of energy back. It is very damaging to our farm econ- stant Background Check System, or On the other hand, with gasoline, for omy, particularly, and they are the NICS, to make sure people who are not every BTU that you put into the input ones that produce the ethanol. So this allowed to own guns cannot access cost into the manufacturing, you get is really something that is very puz- them. eight-tenths of a BTU back. An MTBE zling and something that we are hoping NICS is a database used to make sure which, of course, is a fuel additive, for that Congress, particularly the Energy potential gun buyers are legally per- every one unit of energy you get sixty- and Commerce Committee, can get to mitted to own firearms. But the sys- seven hundredths back. the bottom of. tem is only as good as the information Now the reason for that is that eth- f States provide. Twenty-five States anol harnesses the energy of the sun, have entered less than 60 percent of ANNIVERSARY OF ASSAULT as corn grows. And so it is a net sav- their felony convictions into the NICS WEAPONS BAN ings. And so a lot of good things about database. ethanol, a lot of things that are posi- The SPEAKER pro tempore. Under a In 13 States, domestic violence re- tive. previous order of the House, the gentle- straining orders are not entered into However, there are some things that woman from New York (Mrs. MCCAR- the NICS system. My bill will require have occurred here recently that are THY) is recognized for 5 minutes. States and Federal agencies to provide rather disturbing at the present time, Mrs. MCCARTHY. Mr. Speaker, just the FBI with all relevant records nec- and I think that this following chart over a year ago, Congress allowed the essary to conduct effective background pretty well illustrates this. We had as- Federal ban on assault weapons to ex- checks. sumed that since ethanol is made from pire without a floor vote. The ban was The bill estimates a nationwide grant corn, corn prices are low. In Nebraska allowed to die despite the support of program to allow State law enforce- recently, the price of a bushel of corn two-thirds of the American people and ment agencies to update and transmit was $1.54. And a good price would be the support of nearly every police orga- records for inclusion into NICS. maybe $3 a bushel. So corn is very, nization in the country. And although Another step towards reducing the very low right now. That is the pri- he did nothing to help, President Bush threat of gun violence is to include in- mary ingredient to make ethanol. even said he supported the ban. But dividuals on the Federal terrorist We have heard about the refinery ca- Congress refused to listen to common watch list in the NICS system. That in- pacity being reduced. And that has sense and allowed weapons such as AK– dividuals with known terrorist ties are been a problem that has caused gaso- 47s and Tec-9s to be available through- allowed to buy guns, with no questions line prices to spike. But ethanol is not out the United States. asked, represents a serious threat to dependent, largely, upon the refinery Since then, the NRA and its allies in our homeland security. industry. Congress have pursued a radical agenda Earlier this year, the United States Fifteen percent of E85 is gasoline. to weaken our gun laws. In July, the Government Accountability Office The other 85 percent is ethanol, which other body passed legislation giving issued a report revealing 44 instances is made at an ethanol plant, which is the gun industry unprecedented protec- of persons listed on Federal terrorist really distributed mostly across the tions from negligent lawsuits. This leg- watch lists attempting to purchase Midwest. So the hurricane had abso- islation will see that negligence goes firearms from gun shows during a 4- lutely no effect on most of the cost of unpunished. month period in 2004. Thirty-five of ethanol, and yet we find these things It will also give the industry no in- these transactions resulted in a suc- to be true. centive to pursue safety innovations cessful purchase of a firearm. On August 1 of 2005, in North Platte, for their products. Had these protec- Our current law allows our enemies Nebraska, the cost of E85, 85 percent tions been in place for the auto indus- in the war on terror to arm themselves ethanol, was just slightly under $2; try 40 years ago, cars would not have within our own borders. I have intro- $1.99 a gallon. In Lincoln, Nebraska it seat belts, air bags, antilock brakes. duced legislation to place persons on was $2.04. So, pretty close; just a 5 cent The NRA says this law will prevent the Transportation Security Adminis- spread. frivolous lawsuits against the gun in- tration’s no-fly list into the NICS sys- However, by September 19, yesterday, dustry. But it is a problem that does tem. If we do not trust an individual to that price had risen dramatically. not exist. Over the past 10 years, over board a plane, common sense dictates North Platte was $2.69 a gallon, which 10 million lawsuits have been filed in that we should not allow them to buy was a 70 cent increase. Lincoln, Ne- the United States. Only 57 have in- guns. braska was $3.09, which was $1.05. volved the gun industry. And only 12 of Both sides of the gun issue have a Again, we understand that there is a those have been ruled frivolous by vested interest in reducing gun vio- shortage of fuel. We realize there are judges. lence. In 2002 alone, guns killed over refinery problems. But ethanol should The current system works. Frivolous 30,000 Americans. Each year, gun vio- be pretty much insulated from those lawsuit against the gun industry are lence kills more of our children than problems. So it is very difficult for not coming to trial. Also, the NRA has cancer, pneumonia, asthma, AIDS, and those of us who are fairly close to that begun a lobbying campaign to convince the flu combined. industry to understand how in the State legislatures to overturn work- Studies show gun violence costs our world we could see those kinds of in- place gun laws. Whether it is at a day health care system more than $100 bil- creases in such a short period of time. care center or school, church or haz- lion a year. Mr. Speaker, we must work By the same token, the cost of un- ardous material plant, the NRA wants together to achieve commonsense solu- leaded fuel, with no ethanol in it, actu- employees to come to work armed. tions to violence, without infringing on ally was cheaper in North Platte and Again, it defies common sense. Guns the second amendment rights of law- Lincoln by 10 cents and 40 cents a gal- are already the third greatest hazard in abiding citizens. lon, and this is unheard of, because the work field. Seventeen Americans f normally E85 should run 30, 40, 50, even die in the job because of guns each and 60 cents a gallon cheaper, because there every week. Instead of dismissing irre- UNEQUAL TAXATION HURTS is a 51-cent tax credit for ethanol be- sponsible business practices and allow- EDUCATION cause of the fact that it does rely pri- ing guns in day care centers, Congress The SPEAKER pro tempore. Under a marily on corn, which is a domestically should focus on legislation that keeps previous order of the House, the gen- produced commodity. illegal guns out of the hands of crimi- tleman from Utah (Mr. BISHOP) is rec- So anyway, we are quite concerned nals and terrorists. ognized for 5 minutes. about this. We have asked people to We need to give gun law enforcement Mr. BISHOP of Utah. Mr. Speaker, in look into this. I believe that the En- the tools to enforce current gun laws. a prior existence, I spent eight terms in ergy and Commerce Committee is will- According to the Department of Jus- the Utah legislature and 28 years as a

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8130 CONGRESSIONAL RECORD — HOUSE September 20, 2005 public classroom teacher. And in both If the West is taxing as much, if they that each western State would have ad- of these situations I recognized, first of are as committed in their budget, if ditionally that they could raise by all, as a legislator, the capacity of the they have the need, yet their class themselves to fund public education. State to fund public education. And as sizes are high and they cannot fund the My State of Utah would have $116 mil- a teacher, I understood firsthand the education that happens to be there, lion. California, $110 million. Alaska need for adequate funding of education. then what seems to be the problem? would have $782 million, and that is And it seemed as if in all cases there What is this obstacle? only the portion that would deal with was some gigantic blockage that made I happen to think that I found at the funding of education. it impossible for those two needs to least a prima facie case for a correla- There is another concept that should kind of coalesce together. tion, and it is land. If you draw an be involved here. When every one of Well, today I am a Member of this imaginary line between Montana to these western States was made a State, august body, I am a member of the New Mexico, everything west of that there was a clause in their enabling Federal Government, and I have identi- line, 52 percent of that is owned by the language that said the land should be fied what I think is that blockage that Federal Government. Go east of that given to the Federal Government until made it so difficult to bring these two line and only 4 percent is owned by the such time as the Federal Government needs together. That blockage is we. It Federal Government. Let us try this shall dispose of the land. is the Federal Government. It is the next map and you will see what I mean. With that, Mr. Speaker, I will come amount of land that the Federal Gov- Everything indicated in blue is the back at another time and review some ernment owns. amount of each State owned and con- of these issues with you. But there is a Like a dam in a creek that artifi- trolled by the Federal Government. If need to recognize the situation in the cially stops the flow of water in that you make a correlation with those West. And there is a need to under- creek, there is a dam on the stream of States having a difficult time funding stand that the West is being treated funds for kids, and that dam is the big- their educational system and the unfairly, and it goes back to this prob- gest landowner this side of the Soviet amount of land owned by the Federal lem of public ownership with the West. Union: we, the Federal Government. Government, you see an amazing cor- At some time, there needs to be a solu- Let me try and illustrate what I am relation. The problem lies at the feet of tion to this problem. the Federal Government. The enor- talking about. If you look at this first f mous amount of land owned and con- map, notice the States that are in red. The SPEAKER pro tempore (Mr. These are the States that have the trolled by the Federal Government is FORTENBERRY). Under a previous order the reason why those States in the most difficult time of increasing their of the House, the gentleman from Or- funds and their commitment to public West are basically in the back of the fi- egon (Mr. DEFAZIO) is recognized for 5 nancial bus for education. education. And you will notice that minutes. these red States are predominately in Land has historically been the mech- (Mr. DEFAZIO addressed the House. the West. Twelve of the 15 States with anism of funding education by States. The State of George in 1777 was the His remarks will appear hereafter in the slowest growth in public education the Extensions of Remarks.) funding are actually found in the West. first State that actually offered oppor- And it is a significant difference. tunities to try to assist those local f These Western States have an in- communities. The State of Connecticut EXCHANGE OF SPECIAL ORDER crease of around 33 percent in their actually sold 3 million acres of land to TIME funding growth of education, whereas fund their education system. Of course Mr. BROWN of Ohio. Mr. Speaker, I the Eastern States have a 68 percent it was land that was in Ohio which ask unanimous consent to claim the increase in their growth of funding. they claimed at the time; but even Let us try the next one. If you look though it was not their State, at least time of the gentleman from Oregon at the kind of concept of class size, they were selling something. Close (Mr. DEFAZIO). once again if you look at the States enough for government work. The SPEAKER pro tempore. Is there that are in red, those are the States The State of Texas, you will notice, objection to the request of the gen- with the largest class size. And it is a has very little land owned by the Fed- tleman from Ohio? significant difference, as much as an eral Government because when they There was no objection. average of 3 per class in each of those were admitted they kept their land; f but immediately they set aside 17,000 particular States. BETRAYAL OF AMERICAN VALUES Let me try the third one as well. If acres by the State to put in a trust you look at the need for public edu- fund to pay for their public education The SPEAKER pro tempore. Under a cation funding, the States once again programs and systems. previous order of the House, the gen- in red are the States where the need is It goes back to when Henry VIII tleman from Ohio (Mr. BROWN) is rec- greatest. closed down the monasteries and redis- ognized for 5 minutes. tributed the land. One of the conditions Mr. BROWN of Ohio. Mr. Speaker, for b 1930 for redistributing that land was they too long we have borne witness to re- The States in red, those in the West would take the traditional role of that lentless attacks on America’s poor and have a 3 percent growth rate in their monastery land and help to fund the working families. Abandoned by cor- population going into public education. purposes of education. porate America, betrayed by the polit- The East this year for the first time There are four ways in which land ical right, largely ignored by the main- got up to zero percent. They had been connects with public education fund- stream media, our Nation’s poor have the negative number system before ing: through school trust lands, become little more than an after- that time. So why is this situation through royalties from land, through thought, most recently evidenced by where the States in red, those in the the enacting clause promised western what we saw in the aftermath of Hurri- West, are always having a difficult States, and, fourth, through property cane Katrina. time in funding of education? It is not tax. While productivity is up in this coun- because they do not tax as much. Let me talk about a few of those for try, while profits are up in this coun- If you look at the western States, just a moment. Property tax. It is obvi- try, wages are falling, and poverty is their total State and local taxes are ous those in the West do not have the increasing. Since 1973, not coinciden- equal to or higher than those in the property to tax. If you were to change tally the year that America went from East. And it is not because they do not the situation around and simply say a trade surplus into a trade deficit, have a commitment to education. If four percent of the West should be since 1973 the average worker has seen you look at the percentage of their owned by the Federal Government and her wages or his wages go up about 10 budget that goes to education, it is put the price at about $525 an acre, percent in real dollars while that work- once again a higher ratio almost by .6 that is an average, and up it at the low- er’s productivity has increased about percent higher in the West than it is in est tax rate, this is what the result ninety percent. Productivity up ninety the East. would be. This is the amount of money percent, wages up only 10 percent.

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8131 It used to be in this country since dent’s and the Vice-President’s, his ex- Some claim the first amendment is World War II that when productivity ecutive order will allow those compa- violated by kids saying the pledge be- went up, workers’ wages went up nies to pay less than the prevailing cause of the theological phrase ‘‘under roughly the same amount. And this is wage. We give them unbid contracts God.’’ Let us examine this. the key, that workers shared in the and huge profits, as they have had in The first amendment reads in part: wealth they created for their employ- Iraq. They will have these huge con- Congress shall make no law respecting ers. So productivity jumped up 90 per- tracts in Mississippi, Louisiana, and an establishment of religion or prohib- cent, wages went up only 10 percent, Alabama; and yet they are exempt iting the free exercise thereof. profits skyrocketed for employers. from paying the prevailing wage. First of all, assume the pledge estab- Workers have not shared in the wealth When government should be in its lishes religion. Congress has not made they create. most proactive to ensure the return of any law about the pledge, but our Fed- An August census report revealed a thriving economy, this administra- eral courts have taken the word ‘‘Con- around the same time as Hurricane tion is actively working to lower gress,’’ reinterpreted that phrase, and Katrina that in the United States the wages. The community hit hardest by applied it universally to all govern- number of uninsured Americans has in- Katrina is the working poor. These ments, including school boards. By creased dramatically as has the num- men and women will literally do the what authority do Federal courts ex- ber of families living below the poverty heavy lifting and the rebuilding of Lou- pand the word ‘‘Congress’’ to include line; 1.1 million Americans dropped isiana, Alabama, and Mississippi. Yet all government entities? into poverty in 2004 alone, 2 million the President is saying, Cut their Well, because they make words mean more Americans enrolled in Medicaid wages. something more than they really mean that year. Yet in the face of growing Cheating workers out of fair wages by twisting simple concepts in the Con- poverty and the rising number of unin- robs them of the ability to take owner- stitution to mean difficult concepts for sured Americans, this administration ship in their community. The goal us people to understand. It is also nec- and Republican leadership are demand- should be to put wealth in those com- essary to understand that our Fore- ing that we cut $10 billion, that is bil- munities from people that are working fathers put the phrase in the Constitu- lion with a B, $10 billion from Med- and rebuilding those communities. One tion to prevent a State and national re- icaid. must ask why the President would de- ligion like what was occurring in Eng- Think about that again. More and press wages for a community in crisis. land at the time. more people need Medicaid, not just be- Cutting wages for people who are So are the atheists and the pledge po- cause of Katrina but because of layoffs, struggling to rebuild their lives is a be- lice Federal judges seriously really because of plants closings like Michi- trayal of American values. The Presi- thinking that the phrase ‘‘under God’’ gan, in my State of Ohio, other places, dent of the United States should know is equivalent to establishing a national because more and more employers are better. religion in the United States? dropping their coverage. The congres- f Well, my question for them is, what sional response is cutting Medicaid by PLEDGE POLICE exactly would that religion be? Too bad the court did not enlighten us simple $10 billion so that the President and The SPEAKER pro tempore. Under a Americans what national religion the Republican leadership can give tax cuts previous order of the House, the gen- to the wealthiest 1 percent of people in pledge establishes. But our Federal tleman from Texas (Mr. POE) is recog- judges here have systematically tried this country. nized for 5 minutes. Think about that. That is a choice. Mr. POE. Mr. Speaker, I pledge alle- to remove any mention of a divine We give tax cuts to the wealthy, more giance to the Flag of the United States being in the public sector by claiming tax cuts to the wealthiest 1 percent. of America, and to the Republic for any mention of God establishes a na- The way to pay for it is to cut Med- which it stands, one Nation, under God, tional religion. This defies common icaid by $10 billion. That is a choice indivisible, with liberty and justice for sense and makes the first amendment that politicians and elected officials all. say something it does not say. made. Give tax cuts to the wealthiest Mr. Speaker, this simple, powerful By the way, if this phrase is purely a people. Cut programs like Medicaid statement is a patriotic phrase defin- religious one, why does the pledge po- that really matter for people who have ing what we are all about as citizens of lice judge not read the second half of lost their jobs, for the working poor, this Republic. It is being said in school the first amendment that says, the for people that have suffered from yards across America every day. In government may not prevent the free Katrina, for all the reasons that people some States it is the State law that it exercise of religion? By banning the have been down on their luck. be said. In Texas, for example, it is re- pledge if it is religious, does not this Household incomes fell for the fourth quired along with the Texas State judge violate the free exercise of reli- year in a row in 2004, something that pledge and a moment of silence each gion? That phrase is in our first has not happened since the Depression. day. This is observed by students and amendment as well. It does seem so to In every segment of the American soci- by teachers. But not every school child me. ety except for the very wealthy, every may say it. In fact, some are actually The pledge, when stated and looked segment has seen income decline in the forbidden to say it because it mentions, at objectively, is a statement of patri- last 5 years. America’s men and women heaven forbid, under God. otic duty and affirmation to America, working full-time, the recent produc- A member of the pledge police, a Fed- to truth and liberty and justice. It is tivity is up; but they are not sharing in eral judge in California, has issued his not purely a religious statement. It is the wealth they create. decree denouncing the pledge and for- a statement of civic duty and responsi- The number of people living in pov- bidding it in some school districts in bility and national pride. erty increased by 1.1 million people. California because some adult atheist So what is next, Mr. Speaker? Are The infant mortality rate in this coun- has become offended. The atheist, mind the pledge police going to ban the try is rising. The infant mortality rate you, is not a student in any school, just pledge we say each day here in the in Washington, DC, is twice the infant an offended individual that has con- House of Representative? We shall see mortality rate in Beijing. The infant vinced the pledge police to stop the about that. mortality rate in this country went up pledge from being uttered in schools The real issue here is not the forbid- last year for the first time since 1958. because he is offended. ding of the Pledge of Allegiance by our Our Nation cannot survive as a thriv- It has become the habit of the of- courts. It is more serious than that. It ing democracy under policies that rely fended to use the Federal courts to is the new constitutional right that is on trickle down economic theories. change the majority will of the people, being invented and conceived in the Now, 2 weeks ago President Bush claiming the conduct of the majority minds of the far-fetched Federal elites signed an executive order that will of Americans is unconstitutional be- that is not even in the Constitution at allow companies that win Federal no- cause it is offensive. all, but the Constitution is being used bid contracts, Halliburton, Bechtel, Okay, Mr. Speaker, what constitu- as excuse to invent this new right. It is some of the other friends of the Presi- tional violation has occurred here? the right not to be offended.

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8132 CONGRESSIONAL RECORD — HOUSE September 20, 2005 If I am offended by what you say or roughly half want to see our troops American and Iraqi lives and we can re- do or by what the government says or come home as soon as possible. With unite thousands of American families does, I can go to court and sue you be- this being an American sentiment in the process. cause I am offended. This atheist was comes responsibility to be more than a Mr. Speaker, my hope is that last offended by a bunch of school kids, by protest movement. week’s hearing will serve as a catalyst their mere utterance of the Pledge of We also knew that we needed to offer for elected officials, for think-tanks Allegiance. So he goes and sues and sound, thorough policy proposals that and others around the country to join convinces a judge to protect his right could turn our deeply held convictions in a dialogue about military disengage- not to be offended. So no more offended into operational reality, and that is ment from Iraq, that the hearing will words, so no more pledge. This is an ex- what Thursday’s hearing was all about. start a discussion that has been long, ample of the new phantom constitu- This was not an opportunity for long overdue. The time for action in tional right of freedom from being of- placard waving, though there is cer- Iraq is now. So let us start taking ac- fended. tainly a time and a place for that. We tion. Mr. Speaker, I was a felony court were more interested in how to bring f trial judge in Houston for over 20 our troops home, rather than why. UNIVERSITY OF WEST GEORGIA years. I heard thousands of cases. All of We heard from a broad range of ex- those were based on the United States perts, from scholars and military strat- The SPEAKER pro tempore. Under a Constitution. But the last time I egists. We heard from Senator Max previous order of the House, the gen- checked in the Constitution, freedom Cleland from Georgia. tleman from Georgia (Mr. GINGREY) is from hurting someone’s feelings was We started with an overview of the recognized for 5 minutes. not included in the Constitution. So in situation on the ground, including a Mr. GINGREY. Mr. Speaker, I rise truth this is the right that was alleg- perspective on the lives of Iraqis under today to share one of the many stories edly violated by those kids in Cali- U.S. occupation. Later, we heard about of human compassion and generosity fornia. They offended someone, they specific ways that we can pivot away that have emerged in the aftermath of hurt someone’s feelings, and now they from the current policies, ending our Hurricane Katrina. have to stop. military presence in Iraq and bringing Organizations across the 11th Dis- This is a dangerous movement, but our troops home. From there, we trict of Georgia are working hard to as- this mysterious right is not in the Con- transitioned into a discussion of what sist Katrina’s victims, and the State stitution. But the right of free speech, next. I have always insisted that end- University of West Georgia in Mr. Speaker, is in the Constitution. ing the war does not and cannot mean Carrollton is a shining example. As And I say to those kids in California, abandoning Iraq and its people. evacuees from the gulf coast began your right of free speech was violated Believing in the principle underlying making their way north into our State, by the pledge policeman when he issued Colin Powell’s ‘‘Pottery Barn Rule,’’ the University of West Georgia commu- his pronouncement against you men- and that even if it was the Bush admin- nity realized these victims needed shel- tioning ‘‘under God.’’ istration policy that broke it, at the ter, food, and support immediately. So now you may proudly say the very least we must play a constructive So the university arranged to house pledge each morning in a closet or in role in the rebuilding of Iraq. 180 evacuees, including 80 children, in silence, and when you get to that Most of all, Thursday’s hearing was Roberts Hall, an empty dorm in the phrase ‘‘with liberty and justice for designed to inspire a long overdue na- middle of campus. Dormitory living is all,’’ just remember you lost some of tional conversation about alternatives now providing these families with the your liberty by this ruling, and it cer- to the current Iraq policy. privacy and security they need to begin tainly is not justice for all but only for Our goal was to fill the policy vacu- piecing their lives back together. those who are offended. Mr. Speaker, um and break the silence on Capitol But the State University of West this ought not to be. Hill where, frankly, Members of Con- Georgia did not just house these evac- gress have been slow to embrace the uees. The community understood that b 1945 fresh thinking and new approaches to shelter was only the first step to help- f Iraq that their constituents are eager ing these victims get back on their to discuss and are eager to hear. For feet. So the university and Carroll IRAQ HEARING too long, for a number of reasons, this County community mobilized all their The SPEAKER pro tempore (Mr. debate has been ceded to the Bush ad- resources to assist their adopted resi- FORTENBERRY). Under a previous order ministration, even as they have pro- dents. of the House, the gentlewoman from duced a bloody and ruinous debacle. The health services staff and nursing California (Ms. WOOLSEY) is recognized Thursday’s hearing demonstrated department faculty worked to provide for 5 minutes. that we want to do more than just say the victims with health care services. Ms. WOOLSEY. Mr. Speaker, last no to the war in Iraq. We want to say The university opened its computer Thursday, September 15, we held an in- yes to a new, intelligent, progressive, labs, and volunteers helped victims lo- formal congressional hearing to discuss peaceful Iraq policy that will both pro- cate family members and find relief re- and explore a military withdrawal from tect the American people and fulfill sources. The community came together Iraq. It was called ‘‘The Bipartisan our obligations to the Iraqi people. to provide food, clothing, personal ne- Congressional Forum on How to Bring Chief among these obligations is to en- cessities, and home items for their the Troops Home.’’ It was the first of sure that the United States does not guests, and local organizations are its kind and it was about time. maintain a long-term military pres- helping many of these victims find I had hoped that the House Com- ence in Iraq. That means no permanent work in the area. mittee on Armed Services or the House bases and no control over Iraqi oil. Mr. Speaker, it would have been Committee on International Relations From our witnesses, it was clear: We more than enough for the University of would have taken up the matter, but need to engage in an open and robust West Georgia and Carroll County resi- repeated calls for such hearings have dialogue, both at home and in Iraq. dents to house, feed and clothe these fallen on deaf ears. So, with the help of They agreed that multiparty peace victims, but this generous community my colleagues and with many others talks are the best way to convince all wanted to do more. They wanted to and also my wonderful staff, we went factions of Iraqis that we are serious help these victims get their lives back about putting together this very need- about allowing them to dictate their together and start them on the path to ed hearing. country and rebuild it, and, most im- recovery. In so doing, we knew absolutely that portant of all, the need for a commit- So the Carrollton public school sys- opposition to the war is a stance that ment to bring the U.S. troops home. tem quickly registered children so they is firmly in the political mainstream. The truth is that our military presence would not fall behind in their edu- Less than 40 percent of Americans, ac- in Iraq is contributing to the chaos cation. Because a college dormitory is cording to the recent polls, approve of there, not alleviating it. By bringing only a temporary living situation, the the President’s handling of Iraq, and our troops home, we can save both Carroll County Housing Authority is

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8133 helping these evacuees locate more marks and include extraneous material magazine was selling 50,000 copies a permanent housing in West Georgia. on the subject of my Special Order. month. Counselors and social workers are on The SPEAKER pro tempore. Is there In November of 1945, Negro Digest the university’s campus every day objection to the request of the gen- evolved into Ebony, a magazine mod- helping victims access both emotional tleman from Illinois? eled after Life magazine. Ebony fo- and financial resources. There was no objection. cused on successes and achievements Perhaps what is most inspiring, Mr. Mr. DAVIS of Illinois. Mr. Speaker, I within the black community. Today, Speaker, is the way the West Georgia rise today to pay tribute to one of the this magazine reaches about 42 percent student body has gotten involved. Stu- America’s most outstanding citizens, of all African American adults, with a dents are supervising play activities the late Mr. John H. Johnson, founder paid circulation of about $1.7 million. for the children. They are helping and chief executive officer of the John- Mr. Johnson also founded Jet, another school-aged kids with their homework son Publishing Company, who died Au- highly successful magazine aimed at every night. Campus organizations are gust 8 of heart failure at the age of 87. the black community. planning social and recreational activi- Mr. Johnson was recognized and re- Mr. Johnson also sought to publish ties for the evacuees, trying to bring nowned as an emblem of the American with a conscience. He published the some joy to their incredibly trying dream, an embodiment of the civil highly controversial photographs of days. rights movement, and a revolutionary the open casket of Emmett Till, a 14- Mr. Speaker, this level of personal businessman. year-old Chicago boy who had been and organizational generosity would be Given the breadth and impressiveness beaten to death by white men in Mis- impressive anywhere in America, but of his contributions to American soci- sissippi. While the images were thor- in Carrollton, Georgia, this outpouring ety and to African American culture, oughly disturbing, Mr. Johnson felt of support is especially heartening. the Congressional Black Caucus Foun- that they simply needed to be pub- Carroll County was hit by severe torna- dation will honor him later this week lished and seen by the public. ‘‘I de- does and storms in the days following with its Phoenix Award. cided finally that if it happened, it was Hurricane Katrina. The community He was perhaps best known for our responsibility to print it and let spent much of Labor Day weekend launching the twin publications Ebony the world experience man’s inhumanity to man,’’ he said. cleaning up the 30 homes that were de- and Jet magazines. These sister maga- A philanthropist, Mr. Johnson do- stroyed and the many other commu- zines were started by Mr. Johnson spe- nated to many worthy causes, includ- nity resources damaged by the storms cifically to engage the African Amer- ican community. He also published nu- ing a gift of $4 million to historically and, yes, mourned a life tragically lost. black Howard University in Wash- Yet even as this community was re- merous books, owned Fashion Fair Cos- metics and several radio stations, as ington, D.C. The university would covering from its own hardships, it was thank Mr. Johnson by later renaming eager to help others in need. By open- well as held a majority ownership stake in Supreme Liberty Life Insur- its school of communications in his ing their doors and hearts to Katrina’s honor. evacuees, Carroll County residents as- ance Company. Mr. Johnson earned sured their guests that together they tremendous influence and success in b 2000 would rise to the challenges of this his lifetime, but by no means were any Although Mr. Johnson attended the natural disaster. And, together, they of his accomplishments given to him. University of Chicago and North- have. He was born a child of meager means, western University, he never completed Mr. Speaker, I ask that my col- but left this earth as one of America’s a degree. However, during his lifetime leagues join me in praising the amaz- wealthiest businessmen. Mr. Johnson he received honorary degrees from 31 ing work of the University of West personified the idea that hard work and schools, including Harvard, Howard, Georgia and Carroll County commu- determination can lead to success. He and Northwestern universities. nity. simply refused to accept anything less. In 1982, Mr. Johnson had the honor of In the aftermath of Hurricane Born January 19, 1918, in Arkansas being the first African American to be Katrina, we have seen the best side of City, Arkansas, Mr. Johnson was raised included in Forbes Magazine’s list of humanity. We have shown that no by his widowed mother. She moved the ‘‘The 400 Richest Americans.’’ His 1989 American is a stranger, and the State two of them to Chicago in 1933 after autobiography ‘‘Succeeding Against University of West Georgia exemplifies saving her money over several years so the Odds,’’ was a national best-seller. this amazing American capacity to that he could have the chance to go to Indeed, Mr. Johnson’s initial loan of help others, no matter how great their high school, as his own hometown of- $500 for his first magazine, he would need. fered no education for blacks beyond later grow and develop that initial in- I thank the school and the commu- primary grades. vestment into an empire worth close to nity for their service. After thriving in high school as the half a billion dollars. class president and student council We owe Mr. John H. Johnson a great f president, an honor student, and the debt of gratitude. His name may not The SPEAKER pro tempore. Under a newspaper and yearbook editor, Mr. have been known to every household in previous order of the House, the gen- Johnson won a scholarship to the Uni- America, but his 60-year-old publica- tleman from New Jersey (Mr. PALLONE) versity of Chicago. He took classes at tions have had an important and un- is recognized for 5 minutes. night while working as an office boy at mistakable impact on American his- (Mr. PALLONE addressed the House. the Supreme Liberty Life Insurance tory and culture. His legacy has His remarks will appear hereafter in Company where he was in charge of touched countless African Americans, the Extensions of Remarks.) compiling stories about the black com- including myself, and his inspiration f munity and sending them to the presi- and example will continue to be felt for PAYING TRIBUTE TO JOHN HAR- dent of the company. generations of blacks to come. OLD JOHNSON IN RECOGNITION It was while working in this position Both his wife, Miss Eunice Johnson, OF HIS MANY ACHIEVEMENTS that Mr. Johnson realized that there and daughter were his business part- AND CONTRIBUTIONS were no magazines or publications spe- ners, and his daughter, Miss Linda cifically designed for America’s black Johnson Rice, has succeeded him as The SPEAKER pro tempore. Under a population. This inspired him to create chairman and chief executive officer of previous order of the House, the gen- his own magazine, the Negro Digest. Johnson Publishing Company. A great tleman from Illinois (Mr. DAVIS) is rec- Started in 1942, with only $500 from a man, a great humanitarian. ognized for 5 minutes. loan secured with the assistance of his Ms. KILPATRICK of Michigan. Mr. Speaker, GENERAL LEAVE mother, the magazine began to draw I rise tonight to acknowledge and celebrate Mr. DAVIS of Illinois. Mr. Speaker, I followings when Mr. Johnson sent out the life and vast and phenomenal achieve- ask unanimous consent that all Mem- letters asking for donations to fund its ments of John H. Johnson, the CEO, chair- bers may have 5 legislative days within publication. Three thousand people do- man, founder and publisher of the Johnson which to revise and extend their re- nated $2 each, and within a year the Publishing Company Inc., in Chicago, Illinois.

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8134 CONGRESSIONAL RECORD — HOUSE September 20, 2005 Mr. Johnson rose from humble origins to be- Earlier this year, Northwest Airlines should be setting the tone for the com- come an icon in the African-American commu- stopped funding their defined pension pany, and they should lead by example. nity. It was his vision and creation that benefit program, only funding their They should not cut and run in the face launched Ebony and Jet magazines which be- employees’ 401(k) program, and I am of trouble. came staples in black family homes. His publi- sure that the 401(k) was also buying What is happening at Northwest Air- cations depicted positive and factual images of plenty of Northwest stock. And what lines at its very highest levels is dis- our culture, accomplishments and social ad- was Chairman Gary Wilson doing dur- graceful. vances and plight. Through his resourceful- ing this time with his 4.3 million f ness, tenacity and love for his people, he cre- shares of company stock? He was sell- The SPEAKER pro tempore. Under a ated a vehicle for us to see images of our- ing that stock. previous order of the House, the gen- selves and read articles that reflected our Mr. Speaker, today, in the Detroit tleman from Massachusetts (Mr. MEE- human condition. Free Press, there is an article, and the HAN) is recognized for 5 minutes. I have vivid memories of growing up and title is ‘‘Northwest Airline Chief Sold (Mr. MEEHAN addressed the House. seeing Ebony and Jet in the home of my par- Shares Just Before Bankruptcy.’’ The His remarks will appear hereafter in ents and seeing pictures of my race and indi- article says: ‘‘Less than a month before the Extensions of Remarks.) vidual struggles to secure civil rights for all Af- Northwest Airlines Corporation filed f rican-Americans. Ultimately, the efforts of Mr. for bankruptcy, its chairman sold near- Johnson resulted in the creation of a publica- ly a third of his remaining shares.’’ COMMEMORATING THE LIFE OF tion that achieved a circulation of 1.7 million Gary Wilson was not showing faith or JOHN H. JOHNSON readers with a monthly readership of 11 mil- confidence in the company that he is The SPEAKER pro tempore. Under a lion persons. charged with leading. Instead, he was previous order of the House, the gen- Truly, John H. Johnson deserves all the ac- dumping his stock before his company tleman from Georgia (Mr. LEWIS) is colades we heap upon him. In an effort to went under. And I wonder if the em- recognized for 5 minutes. highlight the diverse beauty amongst our peo- ployee 401(k) was selling, or even if it Mr. LEWIS of Georgia. Mr. Speaker, ple, John Johnson produced the Ebony Fash- was allowed to sell at the same time. like my colleague, the gentleman from ion Fair; the world’s largest traveling fashion Mr. Wilson sold his shares at an aver- Illinois (Mr. DAVIS), I rise tonight to show. The efforts of John Johnson resulted in age of $5.45 per share, and just yester- salute an extraordinary and gifted him being able to employ over 2,600 people day that stock was trading for 84 cents American. and sales in excess of $388 million. per share. John H. Johnson had a vision and The contributions of John Johnson were ac- Northwest Airlines is a major carrier used that vision to destroy negative ra- knowledged and commended by U.S. presi- in the Detroit, Michigan, market; and cial stereotypes and to expand opportu- dents. President Nixon brought John Johnson it serves my district. We have been nities for all African Americans and for with him in 1957 on a tour of the continent of hearing all summer long that North- all Americans. With a dream and a $500 Africa where they visited nine countries. In west was in trouble and that it could loan, secured by his mother’s furniture, 1959 he accompanied President Nixon to Rus- be forced to file for bankruptcy protec- Mr. JOHNSON began publishing the sia and Poland, and in 1961 he was appointed tion. Well, what took so long? One has ‘‘Negro Digest’’ in 1942. With very lim- by President Kennedy to serve as the Ambas- to wonder if the bankruptcy filing was ited resources and his dream, he built sador to the Independence Ceremonies of delayed simply so executives like Mr. an empire that included publishing and Ivory Coast. President Clinton awarded him Wilson could sell their stock to make cosmetics. with the Presidential Medal of Freedom. sure they got their money before the Through his work and his vision, he I am pleased to acknowledge the contribu- company went out. That is not leader- has made a lasting contribution. ‘‘Jet’’ tions of John H. Johnson, a publishing pio- ship; that is cowardice or worse. and ‘‘Ebony’’ provided a window to the neer, entrepreneur, visionary and African- The employees and the customers of African American community that American icon. Northwest deserve better. And while benefited African Americans and all f Northwest has been asking employees Americans. ‘‘Ebony’’ and ‘‘Jet’’ became to make concessions in their pensions, part of the dialogue. It was a way of NORTHWEST AIRLINES they have not been asking the same of communicating. We read it in our The SPEAKER pro tempore (Mr. their executives. In fact, this past July homes, schools, and in the barber shops KUHL of New York). Under a previous it was reported that the supplemental and beauty shops. order of the House, the gentlewoman pension plan that covers the company’s There is a saying in the African from Michigan (Mrs. MILLER) is recog- CEO was not subject to a pension American community: ‘‘If it is in ‘Jet,’ nized for 5 minutes. freeze. That pension was slated to give it must be true.’’ In the pages of ‘‘Jet’’ Mrs. MILLER of Michigan. Mr. the CEO nearly $1 million a year if he magazine, we read the current news Speaker, the American airline industry retired at the age of 65. that had an impact on the African is struggling, absolutely struggling in That was reported again in the De- American community. In the pages of the face of very high fuel prices, of pen- troit Free Press on July 16: ‘‘Northwest ‘‘Ebony,’’ people saw how other people sion costs, and fierce competition. Airlines to Freeze Pensions for Sala- lived; and we aspired to be like the peo- Delta and Northwest Airlines have re- ried Staff.’’ Not affected by the freeze ple we saw on those pages. The pages of cently filed for bankruptcy protection is the supplemental pension plan that his magazine inspired and motivated under chapter 11. United Airlines also covers CEO Doug Steenland, among generations of African Americans. It recently got a bankruptcy court to se- others. In its last annual report, North- also helped to break down racial verely discount the value of its em- west indicated that Steenland was on stereotypes by offering positive images ployee pensions. Clearly, the airline in- track to receive an annual pension of and stories of African American men dustry needs some help, and they need $947,417 a year if he retires at age 65.’’ and women. some leadership. But an article that I And ‘‘The airline has said that such In 1957 and in 1959, he accompanied read yesterday forces me to question generous pensions are needed to recruit Vice President Richard M. Nixon on a the leadership of certain executives in and retain top executives.’’ special goodwill tour to nine African the airline industry. Well, based on those examples, I do countries and to Russia and Poland. In Gary Wilson is the chairman of not think Northwest has done a very 1961, he was appointed by President Northwest Airlines, a role where he is good job of attracting the best execu- John F. Kennedy as Special U.S. Am- supposed to be providing leadership to tives. Mr. Speaker, we need strong air- bassador to the Independence Cere- his company. Northwest Airlines is lines in this country. We also need monies of the Ivory Coast. And in 1963, currently subject to a work stoppage competition. We need safety and qual- he was appointed by President Lyndon by mechanics and cleaners over wage ity customer service in the airline in- B. Johnson as Special United States concessions and job reductions. And dustry. Of course, employees need to Ambassador to the Independence Cere- now Northwest has approached their know if sacrifice is needed in the face monies of Kenya. In 1996, he was award- pilots and their flight attendants ask- of increasing costs and competitive ed the Presidential Medal of Freedom ing them to take significant wage cuts. pressures, but so do executives. They by President Bill Clinton.

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8135 Johnson was solid, dependable, and Mr. FRANKS of Arizona. Mr. Speak- do what is right no matter what. And I reliable. He helped to energize the Afri- er, I appreciate the opportunity to pray the President can steel his heart can American community during the speak tonight regarding some very sig- and that the Senators that stand for height of the civil rights movement. nificant things that are happening in the rule of law will steel their own and During the struggle for equality, he our country today. We are in a critical that we will make sure that we find published the images of the murder of time in our history when we have two people on that Court that will do what Emmett Till, which galvanized the U.S. Supreme Court vacancies and is right. civil rights movement. His magazines when we have a nominee like Judge You know, popularity sometimes have been an anchor for African Ameri- John G. Roberts put forth by the Presi- overrules principle; but in this case I cans and continue to do that today. dent for Chief Justice of the United do not think it is going to, because His contribution to the African States. popularity has always been history’s American community and to American Mr. Speaker, tonight I want to talk pocket change. It is courage that is life was unique and significant, and to- about the importance of having people history’s true currency, and I pray that night we all salute the memory of John on the courts who will read the Con- for the President and for the U.S. Sen- Johnson. stitution for what it says, because I be- ate. f lieve that it goes to the very heart of I use one example to start out this The SPEAKER pro tempore. Under a this Republic. evening to relate how an out-of-control Our Founding Fathers, those who previous order of the House, the gen- liberal judiciary affects our Nation. fought in the Revolution, did so be- tleman from Washington (Mr. Just last week, an activist Federal cause they wanted a rule of law and MCDERMOTT) is recognized for 5 min- judge once again ignored the law and not a rule of men. Mr. Speaker, I be- utes. the great traditions of this Nation to lieve with all of my heart that the his- (Mr. MCDERMOTT addressed the declare that the Pledge of Allegiance of torical moments that we are in will House. His remarks will appear here- the United States of America is uncon- dictate whether or not that revolution after in the Extensions of Remarks.) stitutional. Now, Mr. Speaker, this is affirmed or vitiated, and I hope with speaks to the desperate need that I f all of my heart that the President, that have outlined here to confirm judges The SPEAKER pro tempore. Under a the U.S. Senate and that this body will who will apply the law, judges like previous order of the House, the gentle- do everything that they can to make John G. Roberts. Mr. Speaker, Mr. woman from Indiana (Ms. CARSON) is sure that we find people who will have Roberts is a man that will read the recognized for 5 minutes. fidelity to the Constitution and will Constitution for what it says, and the (Ms. CARSON addressed the House. read those words that our Founding Pledge of Allegiance should have no Her remarks will appear hereafter in Fathers so meticulously put down for fear with him as Chief Justice. the Extensions of Remarks.) what they say and not for what a lib- Last week’s ridiculous ruling and de- f eral activist judge might wish them to cision by Jimmy Carter-appointee and The SPEAKER pro tempore. Under a say. Federal liberal judge Lawrence K. previous order of the House, the gen- Mr. Speaker, the reason we write Karlton is an outrage and a breath- tleman from Maryland (Mr. CUMMINGS) constitutional words down, the reason taking example of arrogance on the is recognized for 5 minutes. we write words down in agreements, in part of a bigoted tyranny of liberal ex- (Mr. CUMMINGS addressed the constitutions, or declarations is be- tremists on the Federal bench. In this House. His remarks will appear here- cause we want to preserve their intent. decision, this activist judge cited as after in the Extensions of Remarks.) We want to preserve the agreement be- binding the Ninth Circuit Court of Ap- f tween the parties. We also want to peals ruling that said that the vol- The SPEAKER pro tempore. Under a make sure that no one can distort untary recitation of the Pledge vio- previous order of the House, the gentle- them in the future. And I will say more lates ‘‘the children’s right to be free about that later; but, Mr. Speaker, woman from Texas (Ms. EDDIE BERNICE from a coercive requirement to affirm there is going to be a great battle in JOHNSON) is recognized for 5 minutes. God.’’ (Ms. EDDIE BERNICE JOHNSON of the body next to us, because the liberal In 2003, the United States Supreme Texas addressed the House. Her re- activists in that body will do every- Court dismissed for lack of standing marks will appear hereafter in the Ex- thing they can to stop the confirma- that preposterous 2002 ruling by the tensions of Remarks.) tion of John G. Roberts or anyone who Ninth Circuit, and that is the one we is committed to the rule of law, anyone all know that found the Pledge uncon- f who is committed to the original in- stitutional. Michael Newdow, a self- The SPEAKER pro tempore. Under a tent of the Constitution. professed atheist, did not even have previous order of the House, the gentle- I am convinced that no matter what custody of his daughter when he sued woman from Michigan (Ms. KIL- the President does in the next nomina- on her behalf. What is more, Mr. PATRICK) is recognized for 5 minutes. tion, no matter what he does, they will Speaker, his daughter did not even ob- (Ms. KILPATRICK of Michigan ad- attack the next nominee with equal ject to reciting the pledge in the first dressed the House. Her remarks will force. It occurs to me that it is just im- place. So when the Supreme Court va- appear hereafter in the Extensions of portant for us to encourage the Presi- cated this obscene ruling, the late Remarks.) dent, to encourage the Senate to ap- Chief Justice William Rehnquist con- f point and confirm people that will read curred, and he so eloquently put forth The SPEAKER pro tempore. Under a the Constitution regardless of the out- the very simple truth of this matter. previous order of the House, the gentle- rage that the liberal activists put He said that the phrase ‘‘under God’’ woman from the Virgin Islands (Mrs. forth. does not change the Pledge into a reli- CHRISTENSEN) is recognized for 5 min- There is an old rhyme that says: ‘‘No gious idiom and it ‘‘cannot possibly utes. one gains when freedom fails. The best lead to the establishment of religion or (Mrs. CHRISTENSEN addressed the of men rot in filthy jails. And those anything like it.’’ House. Her remarks will appear here- who cried appease, appease, are after in the Extensions of Remarks.) shocked by those they tried to please.’’ b 2015 f And that is really the scenario before The late Chief Justice listed many us. No matter how the efforts are made references to Presidents invoking God, JUDGES AND OUR CONSTITUTION to appease those that want to use the going all the way back to the very first The SPEAKER pro tempore. Under judiciary to impose liberal activist no- one, George Washington. He cited other the Speaker’s announced policy of Jan- tions on the people as a whole, no mat- events as well that, ‘‘strongly suggest uary 4, 2005, the gentleman from Ari- ter how we try to appease them, they that our Nation and our national cul- zona (Mr. FRANKS) is recognized for 60 are going to attack. I just hope that we ture allows public recognition of our minutes as the designee of the major- see people that will firmly read the Nation’s religious history and char- ity leader. Constitution for what it says and will acter.’’

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8136 CONGRESSIONAL RECORD — HOUSE September 20, 2005 Sandra Day O’Connor in her concur- ‘‘We hold these truths to be self-evi- The voice of destiny calls to our Presi- rence even stated that to eliminate ref- dent that all men are created equal and dent and all of us in these decisive days erences to divinity would ‘‘sever ties to endowed by their Creator with certain to once again steel our hearts and to a history that sustains this Nation unalienable rights.’’ ask anew, Is it true in America that all even today.’’ Mr. Speaker, our Founding Fathers men are created equal? Mr. Speaker, for 50 years the Pledge wrote those words down for us because Mr. Speaker, our legacy to future of Allegiance has been voluntarily re- they did not want us to forget their generations and the survival of human cited in schools throughout the United true meaning or fall prey to those who freedom in the world will depend upon States of America and it has always would deliberately destroy it. That has our answer. May God bless America, been voluntary. Nobody in America has always been the preeminent reason may God bless President George W. ever been required by government to why we write down documents, agree- Bush, and may God bless Judge John G. say the Pledge of Allegiance. And if ments, or constitutions in the first Roberts. they say it voluntarily, they are not place: to preserve their original mean- Mr. Speaker, I yield to the gentleman required to say the words ‘‘under God.’’ ing and intent. from Texas (Mr. CARTER), whom we However, it is an outrage that beggars When the smoke of a horrible Civil call Judge, who we all have the deepest my vocabulary for those who hold the War finally drifted from the air, 7,000 respect for. office of Federal judge to rule that it is years of the world accepting the unre- Mr. CARTER. Mr. Speaker, I thank now unconstitutional for students who quited toil of human slavery was over. the gentleman for yielding and for tak- want to voluntarily say the words The prayer of slaves had been an- ing this time tonight to talk about this ‘‘under God’’ if they so choose. swered, and the United States of Amer- very important matter before our Na- In my opinion the Founding Fathers ica began to emerge as the flagship of tion right now. The House of Representatives does who wrote the Constitution would human freedom in the world. deem those who handed down such out- But only 100 years later we began to not have a vote in this issue, but it does and should have a voice in the rageous rulings to be pitiful excuses for stray from that path. We began to issue concerning the selection of the Federal judges and to be traitors to the think only of ourselves. And in 1973 highest court of this land, and of all of Constitution itself. This ruling is a Roe v. Wade was handed down by the U.S. Supreme Court, and it brought the judicial appointments. prime example of the liberal, activist One of the duties of this House is to wholesale abortion on demand to the priesthood of the black robe seeking to be a voice of the people of this country, land of the free, and the veil of dark- force upon the people a state of irreli- because we of the elected officials in gion, and it is a pathetic example of ju- ness fell upon America. In that dark- this House of Representatives, we are risprudence that has dictated that the ness we heard, but we disregarded the the ones that have the smallest dis- people must ignore their own belief and mortal cry of one little baby in the tricts and are closest to the people. faith and embrace only a nonreligious womb, and then there was another, and Most of us are home every weekend expression. Mr. Speaker, it is a viola- even another was heard until that talking to the folks back home. We tion, pure and simple, of the free exer- sound had become the soul-wrenching have a good idea of the kind of capa- cise clause. cry of tens of millions. bilities that our people are looking for We must not allow the people of this We found ourselves and our national in their judges. Nation to be forced by judicial tyranny conscience disoriented and awash in We have one of the great debates in to follow such an empty creed. This the blood of our own children. Millions history going on right now, with two ruling is disgraceful and it serves as ex- of prayers called out for another leader potential justices to be appointed to hibit A in the case against judges who to remind us of those words that speak the Supreme Court. We were here last are intent on ignoring the Constitution the divine message of human dignity, week talking about this, and we told and imposing their own twisted ide- ‘‘all men are created equal.’’ you that we would hope that everyone ology upon the people. When liberal ac- Mr. Speaker, from the time we were would watch the hearings that took tivist judges discount laws enacted by conceived, all human beings are cre- place last week to see Judge Roberts. I the people’s representatives to enact ated equal. We do not become equal predicted that Judge Roberts would be their own agenda, the Constitution when we each reach a certain age or outstanding before the Senate, and I itself provides a remedy; and it is time status. This is America’s creed, that is think my prediction was absolutely for the people’s House to fulfill our our foundation, and how grateful we proven true. I think everyone acknowl- duty to the people, to protect the Con- should all be that our Founding Fa- edges he showed great intelligence and stitution from liberal activist Federal thers wrote those words down, and how great insight. He answered the ques- judges. desperate our commitment should be tions appropriately. He asked to be ex- Mr. Speaker, in striking down our to remember what they mean. cused from questions which were inap- Pledge of Allegiance, this judge has Now in this day, in these moments, propriate for a judge to answer. He once again ignited a resolve in the that test is upon us. The President of handled himself with charm and grace American people that will ultimately the United States has nominated an in- and intelligence, just exactly the way I lead to Federal reforms limiting their dividual in John G. Roberts as Chief predicted last week. I am not clairvoy- power to legislate from the bench. This Justice of the United States who un- ant, I just know this man is the right judicial obscenity will not stand. derstands that all men are created man to be on the Supreme Court and to With all of that said, I still stand on equal. Mr. Speaker, I believe that this be the Chief Justice to lead that Su- this floor with great hope in my heart President understands those words in preme Court. for the future of this country, because his own heart; and, indeed, it is his We know the Constitution gives them even a cursory, a cursory glance back commitment to their meaning and his the vote. We hope that they will hear at America’s history should impart commitment to human dignity itself our voice. There is a lot of criticism hope to all of us. that has given him the courage to that has been out there, and I want to By the time the 1860s had come to stand resolutely against terrorists to ask the American people to think America, the world had marked 7,000 protect innocent human life. about just exactly what is the role of a years of powerful societies enslaving But this President and each one of us judge in our society. I served for 21 their fellow human beings. And, sadly, in this body and each person in the years as a judge in Texas, a proud 21 this was also true of America. How- body across the way must never forget years as part of the justice system of ever, America was never truly at peace that this thing called Roe v. Wade has this Nation. I think what the lawyers in her heart with this hellish institu- taken more than 15,000 times the num- that appear before a court and what tion of slavery, and so it was that ber of innocent lives lost on that tragic the people who those lawyers represent American slaves began to earnestly day of September 11. We live in a time want from a court is a judge that pray to God to intervene, and it seems when there is truly a glimmer of light comes into the court with no pre- God sent them President Abraham Lin- breaking on the road before us; but the conceived notions, that will listen to coln, a man who understood the true curve just ahead is sharp, and to miss the facts that pertain to the case, ex- meaning of those magnificent words, it may be to plunge into the darkness. amine those facts carefully, apply the

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8137 law and the facts, and come up with a someone sitting outside the courtroom, one every day, and we know we can get solution. That is what they want from who are they to tell a lawyer how he the same verdict every time because the judge. That is what the Founding should argue his case? Well, he should they all just think alike? Or why do we Fathers wanted for the justices of our argue his case but not argue Roe. If he even need judges? If we have a set of Supreme Court. They wanted them to felt the interest of his clients were best criteria that we absolutely feel that ev- examine American law as it relates to protected and put forward by arguing erybody ought to have to be a judge, each set of disputed facts that comes against Roe, it is his job to argue why do we not just program it into the before that court, and, from the Amer- against Roe. computer, feed the facts and the argu- ican jurisprudence and the common b 2030 ment into the computer, and if it does law, come up with an interpretation of not fit the computer program, we spit whether or not our Constitution has If the next time he comes into court it out and they lose? been violated under certain cir- and someone has hired him to take the That is not what a court is all about. cumstances, and to examine the laws of opposite position, that same lawyer That is not what a multijudge court is the United States and make them prop- would be arguing the other side of that all about. It is about intelligent stu- er. case because that is what lawyers get dents of the law with experiences in I do not think anybody argues with paid to do. And an argument a lawyer the courtroom, both as advocates and that. I think that it would be totally makes in the courtroom and whom a as fair and impartial judges, who are inappropriate to ask a judge to make a lawyer represents in the courtroom, if able to go together, take their com- pretrial statement before a case is that defines that lawyer, there is some- bined intelligence, make arguments to brought before the court as to where he thing wrong with how we think. That themselves as they discuss the case, would stand on an issue without hear- would be accusing every criminal law- and come up with the combined intel- ing the full presentation in the court, yer in America of being a criminal be- ligence of those people and the com- reading the briefs, and making a deci- cause they talk in favor of criminals. bined opinions of those people, which But if we do not have defense lawyers sion based upon what has been pre- may be diverse, which comes up, we in criminal cases, we do not have a sented in the court and the law as it have discovered, over and over and over case because the State has the burden stands in the United States at that in our courts of justice, comes up with of proof in that case. The defense has time. That is what we want from our good decisions that fit the appropriate no burden of proof whatsoever, but judges. Judge Roberts is that kind of actions that are necessary for the they have the right to representation judge and will give us those decisions. court. I think it is almost laughable if you under our Constitution. If we have everybody who thinks just know how the court works. When a Would we say that no lawyer would alike and there is a litmus test for man is hired as a lawyer for somebody ever be fit for a court if he argued any every member of the judiciary, we do else, when a client comes into a law- position that might come before that not need all those Supreme Court Jus- yer’s office and says I want to hire you court and we can tell what his position tices. Let us just give one guy super- to represent me in a case, now you is going to be by his arguments in power and dictatorial power over the would not want that lawyer that you court? That, Mr. Speaker, is just one of judiciary and move on. hired to represent you in that case to the most ridiculous arguments that I go into court and argue the other side think anyone could ever make. And I think that both sides would feel of the case against you, because that is anybody who would hire a lawyer to go passionately about issues concerning not what he is getting paid to do. His into court to argue the other side of a the Court. But the reality is there is a job is to be an advocate for his client. case ought to fire his lawyer before the place in that Court for diverse opinion, And yet the criticisms that we hear third word came out of his mouth and and if we do not have diverse opinion, against Judge Roberts are that he ask the judge to give him some more we do not have a Court that can effec- made arguments as a lawyer for a side time to hire a decent lawyer to rep- tively give a broad-based analysis of before the Supreme Court or before resent his position, and I think most the law that comes before it. And then other courts in favor of or against cer- lawyers would grant that. to go and try to come up with stuff tain positions that some Members of And almost every argument that is that does not mean a thing by saying the Senate do not agree with; there- made in this whole list of things that he represented somebody is just on the fore, he is inappropriate to be involved says Roberts is a right wing extremist, verge of laughable, and I think in all in any case that has to do with that. Roberts is anti-environment, Roberts reality the arguments that are being We will start off with the pro-life is hostile to civil rights and affirma- made are spurious at best. issue. They argue that Roberts is pro- tive action, Roberts is hostile to the I would encourage our colleagues in life because of two arguments that he rights of criminal defendants, Roberts the Senate that they pass this case on, made while he was representing the is hostile to the first amendment of the bring it up on the floor as soon as pos- United States of America as a deputy establishment clause, all of these sible. We now have a Court that has ba- solicitor general in Rust v. Sullivan things are baloney because about 90 sically two vacancies, one being filled and Bray v. Alexandria Women’s percent of their arguments are that he until another Justice is selected and Health Clinic. Roberts’ opponents made this argument as an advocate for one that is empty. We have a Court argue that Roberts unnecessarily a client, which is his job. Lawyers that is going to work in October. I called for the Supreme Court to over- argue every day in court as advocates think it is important that we pass turn Roe v. Wade in Rust, a case chal- for their clients when, in their heart of Judge Roberts out to a vote on the lenging Federal regulations which pro- hearts, we cannot tell whether they are floor of the Senate, that they have an hibit certain recipients of Federal for what their client is for or against up-or-down vote on the floor of the funds from counseling patients on what their client is for. But, by golly, Senate; and if Judge Roberts does not abortion. Critics argue that the case they make us think they are because get the vote, then let us find somebody could have been argued solely on the that is their job to represent their cli- else to fit the job with an up-or-down basis of statutory construction of the ent and convince the court that their vote on the Senate side. If he does get provisions at issue. Critics also point position is valid. That is what they get it, let us get him in to start working on out that Roberts coauthored the gov- paid for. the job so he can be ready as this Court ernment’s amicus brief in Bray, a pri- The other arguments they have in convenes in October. And then let us vate suit brought against Operation here are some arguments about dis- get to work on our next Justice that is Rescue, which argued that Operation sents that were written by Judge Rob- coming down, and let us not try to es- Rescue was not engaged in a con- erts on the court of appeals. Well, what tablish litmus tests. spiracy to deprive women of equal pro- do we want from a judge, a multijudge Let us not try to make people walk tection rights. panel on the court? Do we want every- the line of somebody’s political agenda. Who was he arguing for? His side, his body up there that thinks exactly the Let us say, Mr. President, give us a fair client, the people paying him to make same way on every issue? Then why do and impartial judge that knows the an argument for them. And who is we need all of them? Why not just pick law, knows how to find the law, knows

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8138 CONGRESSIONAL RECORD — HOUSE September 20, 2005 how to interpret the American juris- pocket. And, of course, it is there. That was one of the more stellar background prudence, not some foreign jurispru- rumor has started around this Con- checks, I understand, that has been dence, but the American jurisprudence gress. Now I do not dare be without it. run. And that is through the grapevine. and the common law and come up with But I have carried it in my pocket for Nothing that has been public that I the solution to our problems in our Su- years, and it is not the freshest one. know of. preme Court, and we will have fair and The old one that I had I autographed I want to tell the Members that impartial justices in the Supreme and handed over to the chief justice of Judge Roberts has this reverence for Court of the United States. But there the supreme court of the People’s Re- the Constitution, and I have put to- should be no litmus test whatsoever public of China as he visited here. I gether some of the quotes that have that is required of these nominees. thought he should have a copy of the come out of the confirmation hearings And I hope the President will come United States Constitution. over in the Senate, and some of these up with a good nominee for this next It is clear to me that already soon- quotes fall into different categories, vacancy; and if he comes up with one to-be-Chief Justice Roberts is very fa- but one is under strict construction of with the quality of Judge John Roberts miliar with this Constitution docu- the Constitution. Judge Roberts con- and the ability of Judge John Roberts, ment and very reverent and very re- firmed my initial beliefs that he would we will have hit a home run in the two spectful. uphold the true intent of our Founding nominees that have been submitted to A number of things in the conversa- Fathers by strictly construing our Con- the Senate. And I hope for rapid con- tion, particularly the gentleman from stitution. And over and over in his tes- firmation of both so that we can put Texas’s (Mr. CARTER) remarks reminis- timony before the Senate Committee the Supreme Court back to work with cing the press accounts and the critics on the Judiciary, he verified that he is a full house. of Judge Roberts, that he is hostile to a strict constructionist and that he be- Mr. FRANKS of Arizona. Mr. Speak- Roe v. Wade or hostile to this or hos- lieves judicial activism is dangerous to er, I thank the gentleman from Texas tile to that. And as I look across that our system of government. (Mr. CARTER) for his comments. Mr. list that was presented, it occurs to me He summed it up in one line, the Speaker, we are all, again, so fortunate that he is hostile to one thing that I duty of all of us in the Federal Govern- to have the gentleman from Texas (Mr. think we can agree on: he is hostile to ment, when he stated: ‘‘My obligation CARTER) in the House of Representa- enemies of the Constitution. I am is to the Constitution. That’s the tives because of the experience that he grateful for that hostility. It might be oath.’’ has. I could not help but see so clearly the only sign in the gentleman’s char- I would like those words to echo his commitment to the Constitution acter that one can see that is of a hos- again: ‘‘My obligation is to the Con- itself and his understanding of what tility. stitution. That’s the oath.’’ the role of a judge is. I have to say that And I want to tell my colleagues that If that happened to be the conviction I think that the only time I have ever my background and history with him is of everyone in a black robe, we would heard it put as succinctly was when not extensive, but I did have the privi- have a lot easier task on the Com- Daniel Webster said: ‘‘Hold on, my lege to have breakfast with Judge Rob- mittee on the Judiciary in the House of friends, to the Constitution and to the erts a couple months before he was Representatives and on the Committee Republic for which it stands. For mir- nominated by the President. There was on the Judiciary in the United States acles do not cluster, and what has hap- a group of about six or eight of us at Senate, for that matter. pened once in 6,000 years may not hap- the table, and certainly it was a larger His qualifications for the position of pen again. Hold on to the Constitution, room. I had a conversation with him Chief Justice are, I think, clear. And for if the American Constitution that was not a continuous type of con- the President has been impressed with should fail, there will be anarchy versation where I could probe into his not just his clarity of thought, not just throughout the world.’’ And I know constitutional thoughts so much as it with his brilliance of his legal rea- that the gentleman from Texas (Mr. was to judge his reactions and judge by soning but also with his personality, CARTER) holds on to the Constitution. his remarks. his character, his leadership abilities. I want to also yield to another man I would say that, of course, what I He explained his support for strict that holds on to the Constitution. The saw there was the man that we have construction of the Constitution, and gentleman from Iowa (Mr. KING) is one seen day after day here before the Sen- this would also be part of the record, who always has a copy of the Constitu- ate Judiciary confirmation hearings. when he said in the hearings, ‘‘Judges tion in his pocket wherever he goes, The man that I think in the private life are not to put in their own personal and he is someone who has shown him- of John Roberts is the same person views about what the Constitution self to be a true champion of this Con- that we see in the public life of John should say, but they are supposed to in- stitution. Roberts. The people whom he sur- terpret it and apply the meaning that Mr. Speaker, I yield to the gentleman rounds himself with, the people who is in the Constitution . . . and the job from Iowa (Mr. KING). count themselves as his friends, the of a good judge is to do as good a job as Mr. KING of Iowa. Mr. Speaker, I people who know him far better than I possible to get the right answer.’’ And thank the gentleman from Arizona do I am impressed by, and I know them over and over again, this kind of phi- (Mr. FRANKS) for yielding to me. It is far better than I know John Roberts. losophy comes through, not an activist an honor for me to join him here on the But one can be judged by the company philosophy but a strict constructionist floor again tonight. The last time, as I they keep, and the company that he philosophy. recall, the gentleman from Arizona has kept has been stellar company The same day he further described a (Mr. FRANKS), the gentleman from throughout. judge’s proper role, and he explained: Texas (Mr. CARTER), and also the gen- I do not think that one could write ‘‘We don’t turn a matter over to a tleman from Texas (Mr. GOHMERT) and for a blueprint for a life that would judge because we want his view about I were here together to celebrate the better describe a path to the Supreme what the best idea is, what the best so- life of Chief Justice William Rehnquist. Court and, in fact, to the Chief Justice lution is. It’s because we want him or That was a somber moment, a moment of the Supreme Court than the life so her to apply the law.’’ of reverence and respect and reminis- far, the bio, resume of John Roberts. It ‘‘We turn a matter over to a judge be- cing; but also, we came away from that is exemplary. I know that when they cause we want him or her to apply the evening and we came away from that did the background check, or I am told law.’’ Not to apply their judgment, not week with a sense of the legacy that this through the media, that there was to apply their whim, not to apply what was left by the years on the bench by not a single thing, it was the cleanest they think the policy should be. That Chief Justice Rehnquist. background check one could have is the job of the legislative branch. And And tonight we are actually looking asked for. Of course, I expected that, that is consistent with the vision of ahead now, looking ahead to the future but I wanted to put that into the our Founders, and it absolutely con- of this country, the future of this Con- record as well. sistent with the language and the text stitution, this one that they have There would not have been a nomina- of the Constitution, and it certainly is checked to see if I would have it in my tion if there had been a problem; but it not something that we see within the

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8139 activist judges that sometimes come but according to the rule of law. Ac- recognize that your role is limited to before our courts and make those kinds cording to the rule of law.’’ interpreting the law and doesn’t in- of decisions, particularly the ninth cir- Now, I never dreamed as a young clude making the law.’’ And doesn’t in- cuit out there. And I know the gen- man, and I began in about eighth grade clude making the law. I repeat that for tleman from Arizona (Mr. FRANKS) ref- to study this Constitution and read effect because it has significant effect erenced that, and I appreciate his this document and understand and on me, Mr. Speaker. bringing that subject up before the really get some depth and appreciation This man, who is poised to step for- Speaker and before this country. for our history; I never thought I would ward and don the robes of the Chief be standing on the floor of the United Justice of the Supreme Court, is a b 2045 States Congress celebrating an ap- young man with a clear legal mind, a And Judge Roberts went on when he pointee to the Supreme Court because solid moral set of values, a clear under- said, ‘‘It is because we want him or her they want to rule according to the rule standing of his duty before the Court, a to apply the law.’’ I will continue that of law. I believed that every judge that constitutional understanding, a rule of quote: ‘‘They are constrained when ever put on a black robe would rule ac- law understanding, and a duty to his- they do that. They are constrained by cording to the rule of law. And here we tory. The years that I have left on this the words that you choose to enact have come to this point where activist earth may not be as many as I pray he into law,’’ meaning the Senate or the judges cause me to come to celebrate has, but every year that this unfolds Congress, ‘‘in interpreting the law. because we have one before the Senate and every year that these cases come They are constrained by the words of Committee on the Judiciary for a con- before the Court, I pray that the Presi- the Constitution. They are constrained firmation. dent can appoint some justices to this by the precedents of other judges that On the second day of the testimony, court that will match the vision and become part of the rule of law that Judge Roberts said to his colleagues, the clarity and the legal understanding they must apply.’’ ‘‘Judges need to appreciate that the le- of this man, John Roberts, so that one Constrained, constrained, con- gitimacy of their action is confined to day we can work ourselves back to this strained, constrained. Four times in interpreting the law and not making it, Constitution, this Constitution that he that paragraph he used the word ‘‘con- and if they exceed that function and reveres, that we revere. strained.’’ I think that is indicative of start making the law, I do think that Mr. Speaker, I yield back to the gen- the kind of judge we are going to see, raises legitimate concerns about the tleman from Arizona, and I thank the a judge that exercises constraint, and a legitimacy of their authority to do gentleman. constraint that is bound up within the that.’’ Another challenge, another con- Mr. FRANKS of Arizona. Mr. Speak- words of the Constitution, within the straint. er, I thank the gentleman. I would just text of the Constitution, within the I could stand here and repeat Judge echo some of the comments of the gen- clear meaning and the defined bound- Roberts’ testimony all night, Mr. tleman from Iowa (Mr. KING) in that aries of the Constitution, and the rule Speaker; showcasing what a great can- this man, Judge John G. Roberts, is of law, and constraint within the didate he is for this position would be perhaps the most qualified person for boundaries of being a member of the ju- something that I would continue on Chief Justice, certainly in my lifetime, dicial branch of government whose job with. But when asked about his threats that we have seen. And if he is some- it is to, as he said, call the balls and to the rule of law, he stated, ‘‘The one how castigated by liberals in the Sen- the strikes. threat, I think, to the rule of law is a ate and attacked because of his fidelity I want to express some gratitude to tendency on behalf of some judges to to the Constitution, then it seems that Phyllis Schlafly for bringing that idea take that legitimacy and that author- our only road leads to a judicial oligar- before this country and, in her book ity and extend it into areas where they chy, and those of us in this body can ‘‘The Supremacist’’ when she said that are going beyond the interpretation of lock the doors and go home and quit a judge’s job is to be the umpire, to in- the Constitution, where they’re mak- pretending to be lawmakers, because terpret the rule book. And now this ing the law. And because it’s the Su- the courts will then prevail over all. man in his hearings picked up one preme Court, people are going to follow It is interesting, because some of the more notch on that philosophy and it, even though they’re making the Founding Fathers, and one in par- said, my job is to call the balls and the law.’’ ticular, Thomas Jefferson, said it this strikes. Who would want to play a That is chilling to those of us who re- way. He said, ‘‘The object of my great game before an umpire that did any- vere this Constitution, but we do re- fear is the Federal judiciary. That thing else? Who would want to play a vere the Supreme Court. And because body, like gravity, ever acting with game before an umpire that called the it is the Supreme Court, in his testi- noiseless foot and unalarming advance, balls and the strikes as he wished them mony, ‘‘people are going to follow it,’’ gaining ground step by step and hold- to be rather than what they actually even though they are making the law. ing when it gains, is engulfing insid- were? That is what the judge’s job is, Now, I will expand that and say, even iously the special governments into the and it is a very, very clear way to de- though they are not following the law, jaws of that which feeds them.’’ scribe that. even though they are not following the This is not a new concern. Our courts Mr. Speaker, John Roberts will not Constitution, people will respect and have ruled that the black man was be a justice who seeks to usurp the revere the decisions of the Supreme property. Our courts have ruled that roles of the other two branches. On the Court, because of the stature of the unborn children are not human beings. first day of his hearings he stated, ‘‘I Court, without regard to the text and Our courts have ruled that marriage prefer to be known as a modest judge. the intent of the Constitution or the and the family itself may be unconsti- That means an appreciation that the law itself. That is my edit. tutional. Our courts have ruled that it role of the judge is limited, that judges Then I will pick up that quote again. is unconstitutional to protect a 9-year- are to decide the cases before them,’’ He follows that with, ‘‘The judges have old girl from Internet pornography. and I continue to quote, ‘‘they are not to recognize that their role is a limited Our courts have ruled that that same to legislate, they are not to execute one. That is the basis of their legit- little girl cannot say a certain prayer the laws.’’ imacy. Judges have to have the cour- in school. Our courts have now ruled They are not to legislate, they are age to make the unpopular decisions that it is unconstitutional for her to not to execute the laws. when they have to. That sometimes in- say the Pledge of Allegiance. And I He also explained that, ‘‘Judges have volves striking down acts of Congress. wonder, Mr. Speaker, if those of us to decide hard questions when they That sometimes involves ruling that standing in this place would look out come up in the context of a particular acts of the executive are unconstitu- across the fields of Arlington and ask case. That’s their obligation. But they tional. That is a requirement of the ju- ourselves, is that why they died, so have to decide those questions accord- dicial oath. You have to have that that we could uphold those kinds of ing to the rule of law; not their own so- courage.’’ asinine, ridiculous interpretations of cial preferences, not their policy re- And I continue to quote: ‘‘But you the greatest Constitution that was ever views, not their personal references, also have to have the self-restraint to written by man?

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8140 CONGRESSIONAL RECORD — HOUSE September 20, 2005 I think that we are turning a corner, interpretations of late. The gentleman dynamic for opposing voices on any and I think John G. Roberts is going to from Arizona just talked about a few. issue to be heard in an open forum, and be a significant part of that. Judge Roberts’ qualifications are, a strong consensus is necessary for any Mr. Speaker, I would like very much Mr. Speaker, unquestioned. However, kind of decision, and where each deci- to yield to my very good friend, the the Supreme Court nominee has to face sionmaker can ultimately be held ac- gentleman from Georgia (Mr. a litmus test on ideology. Some Sen- countable by the people they govern. GINGREY). ators are asking whether or not this b 2100 Mr. GINGREY. Mr. Speaker, I thank particular justice will protect their fa- the gentleman from Arizona. In fact, I vorite judicially constructed rights. And I know that the people of Texas am humbled to follow my colleagues in Others have questioned how he might are very proud that they have sent this discussion about this great man, use the position as Chief Justice to Judge Carter to the Congress. Justice Roberts, and of course my col- help the survivors of Hurricane Mr. CARTER. Mr. Speaker, first I leagues, the gentleman from Arizona Katrina. Roberts very politely responds want to say that I am happy to be priv- and the gentleman from Iowa, are both that he will interpret our laws on a ileged in that when Judge Roberts members of the House Committee on case-by-case basis, he will hear each made his opening statement, and he the Judiciary, and my great friend and side and will always heed restraint to started talking about balls and strikes, classmate, in fact all four of us are the separation of powers and constitu- calling the balls and strikes, being the classmates, but our own judge, we have tional government. umpire, as far as I was concerned, it several in the House, but my judge, the I could go on and on, but my col- was over right there; he had won, be- gentleman from Texas Mr. CARTER. It leagues, Mr. Speaker, have said it so cause he understood the role of being a is an opportunity, though, for this phy- well. This is a man that is a brilliant justice. sician Member to stand up here before jurist, and it showed through so clearly And he happened to use something this body, Mr. Speaker, and say while during the Committee on the Judiciary that I had used on multiple occasions. sometimes physicians are probably pit- hearings. I hope that when they have You know, back in the small town ted against attorneys, I have great re- the vote on Thursday, or whenever it where I started out as a judge, it grew spect for them. In fact, I have two comes to a vote in the Committee on to be a big town, we have a lot of base- members of my immediate family, my the Judiciary, there should not be ball and girls’ softball, and one time brother and my daughter who are at- many, if any, ‘‘no’’ votes, and I look they said, hey, Judge, would you come torneys, who I am very proud of. forward to a speedy confirmation by out and call the balls and strikes; we But just to have watched this gen- the United States Senate. lost our umpire. tleman in the hearings in the Senate I thank the gentleman from Arizona And I said, friends, I call balls and Committee on the Judiciary, Mr. and my colleagues, the gentleman from strikes for a living. And I am not about Speaker, after a week of questioning by Texas and the gentleman from Iowa, to get up there and call balls and our counterparts in the other body, I for letting me participate in this spe- strikes at my daughter’s softball game. believe that the Congress and our Na- cial hour. It is so important, as the But that is exactly right. That is un- tion has a good sense of what kind of a gentleman from Texas said, that while derstanding what a judge’s job is. It is jurist John Roberts will be if confirmed we do not have any official role in re- so very important that we have a judge as our Nation’s 17th Chief Justice. In gard to advice-and-consent responsibil- that has the common sense of the fact, on one of the television news ities, we do have a responsibility and American people to go along with a shows this past Sunday, a member of we have a voice, and it is good that we great intellect into the law. the Senate Committee on the Judici- have this opportunity tonight to ex- It is just so very important that we ary, the gentleman from South Caro- press that voice and to commend to the have that kind of a judge that comes to lina, Senator GRAHAM, when asked how American people the new Chief Justice, the Court. This is exactly want we did Judge Roberts perform, he said, John Roberts. have in Justice Roberts. He is so im- ‘‘Well, let me just put it this way: If it Mr. FRANKS of Arizona. Mr. Speak- pressive, I mean phenomenally impres- had been a prizefight, they would have er, I thank the gentleman from Geor- sive. So Judge Roberts stole that from called it in the second round as a tech- gia. Mr. Speaker, in that the gen- me. But probably I would say stole it nical knockout and the person on the tleman from Georgia (Mr. GINGREY) from lots of good judges. I kind of ropes would not have been Judge Rob- and I are such good friends and that I think that I was a good judge; but lots erts.’’ hold him in such high regard, I am of good judges in the United States, be- Without question, it was a technical going to forgive him here on the floor cause they understand the concept of knockout heading for a knockout. for suggesting that I might be a law- what their job is. Judge Roberts will indeed, Mr. yer. I do not know if the gentleman Mr. FRANKS of Arizona. Mr. Speak- Speaker, bring a refreshing, fair, and from Iowa (Mr. KING) might want to ex- er, Judge Carter can call the balls and balanced approach to the United States tend such a forgiving hand as well. We strikes, in my judgment, any time. Supreme Court which has not had a va- are both on the Committee on the Ju- With that, I would yield to my friend, cancy in 11 years. diciary and, of course, sometimes it is the gentleman from Iowa (Mr. KING), Our Nation is a different place than assumed that we are lawyers. But his for any further comments he might it was in 1994. We have more access to points are so well taken, in that we do have. information, more technology, a need judges that will simply read the Mr. KING of Iowa. Mr. Speaker, I stronger economy; we have our brave law for what it is. want to express my gratitude for you soldiers defending democracy in our I know that we repeat this a lot, Mr. setting up this hour and providing an global war against terrorism. The Speaker, but when courts forcefully opportunity for myself to speak. And United States Supreme Court needs a interject false and unconstitutional no- as I stand here as a nonlawyer and re- perspective that understands account- tions that go against justice and nat- flect upon the future and upon this ability to both the American people ural law and common sense, without Constitution, I think there is some- and, as the gentleman from Iowa said, allowing the issue to go through the thing that young people lose sight of. especially to the United States Con- legislative process of debate and con- And I gave a guest lecture at Central stitution. Like one of his mentors, the sensus, it abrogates the miracle of College in Pella a week ago last Fri- late Justice William Rehnquist, Rob- America and it abridges the freedom of day, so that has been about, what, 9 erts has a strict constructionist view of the people to govern themselves. I just days ago or so. And in that guest lec- the Constitution. He interprets laws am hopeful that we can recognize that ture, it was on the Constitution, and it considering the intentions of our our courts, I say to the gentleman from lasted maybe an hour and 40 minutes Founders instead of the whims and de- Texas, were never intended to decide or so. And it was interesting to me that sires of a political party or electorate. social policies, or any policies, for that one of the professors there came up That is why we need Judge Roberts on matter. This is the job of the people’s afterwards and he said, you have made the Supreme Court. He can restore a Congress. This is why people send us the Constitution interesting. I had not sense of restraint to some very creative here. The legislative process creates a seen that before.

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8141 It never occurred to me that the Con- men that love America, that love free- are so grateful that John G. Roberts is stitution was anything but interesting. dom, that love their fellow human going to be our next Chief Justice, be- It is a fascinating document. And if beings as much as these men do. cause he, I believe, will have the erudi- you know the history of it, there is a We have talked a lot tonight about tion and the mentality and the heart piece of it that we seldom talk about protecting the Constitution. But you to bring the rest of the Court to reaf- here, we often forget, and that is this know, really, sometimes it is good for firm what the rule of law is all about. guarantee, this guarantee of our free- us to step back and ask why we are And, again, we talk about the rule of doms and our liberties in this really here. And ultimately we are here law. But, really, is it not about trying foundational document that is drawn because we believe that the miracle of to uphold our fellow human beings? Be- upon the Declaration of Independence, life in America is something that is cause if we were willing to let judges and that our rights come from God, unique. drag us into that darkness where this clearly in the Declaration, and we are Mr. CARTER. Mr. Speaker, let us concept of the survival of the fittest endowed by our Creator with certain point out that when our founders as prevails, and whoever was strongest unalienable rights. Among them are States decided they wanted to write a prevails, then it would not matter. life, liberty, the pursuit of happiness. document that they were going to sub- But, no, we believe that all people But those rights are even more clearly mit to govern our Nation by, the Con- are created by God and have a divine defined in the Constitution, the rights stitution of the United States, they spark in them and that they deserve to that come from God. No man can take chose to sit in Congress as a group of be protected and that is what the rule them away, because they come from diverse opinions representing their var- of law is all about. God. And the Constitution defines that. ious States to come up with this docu- And I just pray that God will con- But as we watch this Constitution ment. tinue to give the President of the get amended with decision after deci- They did not ask a battery of judges United States the courage and the in- sion by an activist Court, we see these to come in here and do that. They sight and the soundness of mind to pro- rights be diminished by decisions of the asked people that represented their tect America and the world and this Court. States to come in and represent the in- United States Constitution that has And so I will take us to this question, terests, and they debated, as we debate given us the greatest Republic on which is: The Constitution either here in Congress, the laws we designed, earth. means what it says or it does not. If it and the intent is clear, that they want- f means what it says, then we are con- ed a Congress to make the laws of this FUND INTEROPERABILITY strained by the language, and we are United States. REQUIREMENTS further constrained by the language They, in Marbury v. Madison, set the The SPEAKER pro tempore. Under that was the intent of the original precedent that said the Courts may in- the Speaker’s announced policy of Jan- meeting, because the founders cannot terpret the laws that are made, to see uary 4, 2005, the gentleman from Michi- be held responsible for an evolving lan- if they comply with the Constitution of guage or evolving values system, or gan (Mr. STUPAK) is recognized for 60 the United States, which is the sov- minutes as the designee of the minor- any idea that it should be read in light ereignty of our Nation. of contemporary values. ity leader. Of course, our true sovereignty is in Mr. STUPAK. Mr. Speaker, I am People try to do that with the Bible God; and it is clear as the gentleman and they get off base. Truth, justice, pleased to appear here tonight on be- from Iowa (Mr. KING) points out, we sin, virtue have always been the same. half of the Democratic leader to talk stated the sovereignty that we look to about a problem that we have faced for They have been the same 1,000 years in the Declaration of Independence, ago, 4,000 years ago, and they will be many, many decades in this country where we get our rights from. And they and little or nothing is being done the same 4,000 years from now. are not given to us by our government, But the Constitution is our guar- about. they come from the divine authority of antee. And when we deviate from that And actually we have a very huge God. But they went forward on that language, that strict construction, problem on our hands, and it is a prob- and they established the Congress to that originalist, the understanding of lem that this Republican-led Congress the guarantee that the States have all make the laws. and the administration has tried to And I agree 100 percent that is the in- opted into voluntarily, an irrevocable minimize and brush aside for way too tent of our founders, and that is the bond that was established at the end of long, and that is interoperability. way it is supposed to be. That is the the Civil War, and we understand that Our first responders, our police, our guarantee must be maintained through right and proper place. And the inter- firefighters, our sheriffs, our National the constraint of the judicial branch, pretation of Judge Roberts, so ade- Guard members, emergency medical not the activism of the judicial branch, quately and effectively and eloquently technicians, cannot talk to each other because an active judicial branch of presented to the Senate to educate in time of emergency, or even out on government undermines our Constitu- that bunch in the last week, proves routine patrol, they cannot talk to tion, erodes our rights. that fact. each other across agencies, across If that is the case, then what value I want to say that I am honored to be country or across city lines. And they has that document whatsoever, if you here with these four gentlemen. These cannot talk to each other, to the State, are going to let the majority of nine are some of my best friends. Let me to the local and Federal Governments justices determine the future of Amer- point out that Judge Roberts is not for which they serve. We have law en- ica? We have stepped back from that from any of our States. We have no pa- forcement and first responders out try- now with this appointment. We need at rochial interest in this whatsoever. We ing to do their job, but what they see least two more to get there. It is a long are just glad that we have got a great and what happens before them, they evolutionary process to see this Con- jurist coming forward. cannot communicate with each other. stitution reestablished by the Court. Mr. FRANKS of Arizona. Mr. Speak- The issue is called interoperability. We did not get here overnight. We er, I guess he says it so well, there is so Can I talk to the agencies next to me? got here over 40 years or longer. It will little to add. But you know, the umpire Can I talk to that firefighter? Can I take at least that long to get back kind of corollary has been used quite a talk as a police officer to the emer- again. But I look for that day. lot here tonight, and what some of us gency medical technician who is com- Mr. FRANKS of Arizona. Mr. Speak- have objected to is like in the book, ing to help me? er, I want to thank all of these men. The Judicial Supremacist, when the As a former city police officer, and as You know, it is said in this place that umpire says strike 2, you are out. And a Michigan State police trooper, I can the friends you find here, you can pick that is what has happened a lot in tell you that this is something that the your pallbearers out of them. And I some of these decisions lately. law enforcement community has certainly feel that way about these The courts and some of the activist known for decades. The issue gained three men. judges have simply thrown the Con- national attention after the Oklahoma I am grateful to have the opportunity stitution aside and said that they are bombing in 1995 at the Murrah Building to serve at this time in history with not going to follow it. That is why we and again on September 11.

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8142 CONGRESSIONAL RECORD — HOUSE September 20, 2005 Unfortunately after the wake-up b 2115 Guard members, along with law en- calls this country has received, espe- I am not alone. Democrats have been forcement officers imported from cially after September 11, this adminis- calling for more resources and more around the State, rarely knew more tration has simply rolled over and went funding for your first responders year than what they could see with their back to sleep, until it was once again after year. Unfortunately, our voices, own eyes.’’ awakened by the arrival of Hurricane these calls have fallen on deaf ears of Dr. Lee Hamm, chairman of medicine Katrina. the majority party and this adminis- at Tulane University said three days Local first responders, government tration. after the hurricane, ‘‘The physicians officials, military and National Guard In the years since September 11, in 2 and nurses are doing an incredible job, leaders have all said that the inability years Congress did allocate $260 million but there are patients laying on of first responders to communicate for interoperability. $260 million may stretchers on the floor, the halls were made this national crisis, Hurricane sound like a lot, but the communica- dark, the stairwells are dark. There’s Katrina, much worse than what it tions challenges facing this country, as no communication with the outside should have been. we have ignored it for so long, are such world.’’ With Hurricane Katrina, we wit- a daunting task that it is estimated it Major General Harold Cross of the nessed a complete communications will take $18 billion for this country to Mississippi National Guard said, ‘‘We meltdown that stretched from the gulf finally become interconnected with have got runners running from com- coast all of the way here to the Belt- their communications for public safety mander to commander. In other words, way. We witnessed the unimaginable and first responders. So you see, $260 we’re going to the sound of gunfire, as horror that resulted from this melt- million is really only a drop in the we used to say during the Revolu- down. We saw babies crying. We saw bucket for interoperability. tionary War.’’ older women weeping. We saw police What is more troubling is the last 2 Rescuers and helicopters could not officers running towards gunfire, un- years this administration has zeroed talk to the crews in the boats down able to describe what is going on and out any money in the budget for the below patrolling to try to save and res- unable to call for backup, because they only grant program specifically de- cue people. Three days after the hurri- had no communications. signed for public safety communica- cane, the emergency radio system in We saw buildings burning because tions upgrade. In the last 2 years re- New Orleans had the capacity to sup- port 800 users while there were three there was no way to notify the fire de- quests put in it get zeroed out by the partment and the firefighters who were times as many trying to use that sys- administration. And the majority still in the area. The communications tem. It was just simply overloaded. party is obligated to do what the ad- breakdown was so absolute that the di- As Louisiana State Senator Robert ministration has been telling them to rector of FEMA said he did not know Barham said regarding communica- do, and they failed to provide any until Thursday, 3 days after the hurri- tion, ‘‘We are no better off now than we money specifically for first responder cane, that there were over 25,000 people were before September 11.’’ communications. stuck in the hell that was once known The best way we can honor these pub- Shockingly, the administration con- lic safety officials who bravely work as the New Orleans Convention Center. tinues to request no funding. Even in We know that the inability to com- through the devastation is to finally their most current budget, no funding, municate contributed to the deaths of provide them with meaningful invest- even though everyone knows and real- 121 firefighters on September 11. We do ment in public safety communications. not yet now how many people died in izes that there is a lack of communica- No more excuses, Mr. Speaker. the aftermath of Hurricane Katrina, tions. Interoperability is a problem This Congress is made up of Members simply because public safety officials that must be solved to save lives and to who are dedicated to our first respond- could not communicate with one an- properly respond to the disasters or ers and many Members with firsthand other. terrorist attacks here in the country. expertise in public safety communica- But we do know that people died. We The Department of Homeland Secu- tions. This problem has been studied have all seen the pictures of bodies cov- rity has solicited proposals for a $10 for years. In fact, it has been over-stud- ered in sheets at the convention center. billion program to make 80,000 Federal ied. We on this side of the aisle have That should not have happened. Those law enforcement officers and agents been saying for years, enough hand- people should not have to have died. interoperable. The Department of Jus- wringing, enough finger-pointing. Let We could see the frustration on the tice and the Department of Homeland us get a plan and get that plan funded faces of the first responders, the med- Security, they want to take most of so that all first responders, whether ical professionals, the police, who did the money and make sure the Federal they be local, State or Federal, can not have the necessary communica- Government can talk to each other. talk and communicate with each other tions to get the job done and to save That is a good start. But there are at all times during disasters or ter- lives. about ten times as many State and rorist attacks or just during routine Despite the difficult conditions and local law enforcement officers, 800,000 regular patrol, coordinate their efforts. despite the lack of communication, in the United States. We should be We know what the solutions are. So those first responders should be com- making sure we are making the same why, after all these years, have we mended for a job well done with the re- commitment to our State and local done nothing? sources this Nation gave them to work governments, especially after what we Why does this Congress and this ad- with. But we owe it to our first re- saw this month, that State and local ministration continue to fail our first sponders. We owe them more than just governments may be on their own for responders? Because governing is about thanks, more than just honors, and days following an attack or another priorities. And it was the priority of more than just promises. hurricane like Hurricane Katrina. this Congress and this administration For once cannot we just stop the Why is it the Federal Government to cut taxes for the richest Americans rhetoric, and I for one am sick and has a plan to make itself fully inter- over investing in radios to commu- tired of the rhetoric and the empty operable, but the first responders who nicate with each other for our police promises that they will soon have are always the first on the scene, the officers. It was the priority of this Con- interoperability, they will be able to first at the disaster, the first at the gress and this administration to cut communicate with each other, they terrorist attack will have to wait until taxes for the richest people in this will be able to save lives, as is their the Federal Government is fully inter- country rather than investing in a sworn duty to do. operable? It is the local first respond- stronger emergency 911 network. And that is why I am down here to- ers who must be made interoperable In the Committee on Energy and night and joined by some of my Demo- first. Commerce, a committee which I sit on, crat colleagues. That is why we have The lack of commitment to our coun- we are now going to be ordered to cut offered amendments, written letter try’s first responders became glaringly $10 billion in Medicaid instead of in- after letter, and introduced legislation evident this past week. As The Wash- vesting in our health care safety net. to increase funding for our first re- ington Post reported on September 2, This Congress and this administra- sponders for interoperability. 2005: ‘‘Police officers and National tion have the wrong priorities. Tax

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8143 cuts not only take precedence over tions than our first responders. Again, able communications equipment to re- first responder funding, but they also I ask my colleagues in the majority, ceive the evacuation orders. take precedence over allocating spec- what is your priority going to be? Tax In the wake of Katrina, reports from trum first responders need to better cuts for the richest of Americans or the gulf indicate that communications communicate. Our first responders our firefighters? Tax cuts for the rich- failures plagued our first responders need more spectrum because the radio est Americans or our police officers? once again. The lack of communication channels they have now are clogged Tax cuts for the richest Americans or with State and local officials in New with too much traffic. The lack of spec- emergency medical technicians? Orleans compounded FEMA’s poor re- trum is impeding their ability to talk How many more people will have to sponse. to one another. die and how many more natural disas- The New York Times reported that Getting first responders the addi- ters and terrorist attacks will this rescuers in helicopters could not talk tional spectrum they need must be a country have to endure before the ex- to crews patrolling in boats, and Na- priority; but instead of doing what cuses stop and actions begin? tional Guard commanders in Mis- needs to be done, the majority insists What communication problems are sissippi had to use runners to relay or- on waiting until the reconciliation bill we going to see with Hurricane Rita ders. In 2005? We are going back to the so they can use the spectrum sales to currently knocking on our door? We days of Paul Revere. They had to use pay for more tax cuts for the wealthi- cannot continue to send our first re- runners. They could not communicate. est Americans. First responders’ com- sponders out on the beat without the Crews on the ground could not talk to munications should come before any back-up, without the communication one another to coordinate searches, more tax cuts. tools they need to do their jobs. We slowing down the rescue effort. After September 11, I introduced a bi- have the technology today to fully con- For years, as my good colleague just partisan piece of legislation along with nect our first responders. Let us make said, several of us have demanded that the gentleman from New York (Mr. the investment today to keep America the administration take the necessary FOSSELLA) and the gentleman from safe. steps to facilitate adequate commu- New York (Mr. ENGEL) to create a dedi- Mr. Speaker, as I said, this is an nication between first responders in cated funding source for public safety issue some of us have been working on the event of an emergency. These de- communications upgrades. for a long time. We have been to this mands have gone largely unanswered. I This sessions I again introduced the floor offering amendments. We have have once again introduced legislation Public Safety Interoperability Imple- gone to the Committee on Rules offer- to require the Department of Homeland mentation Act, or H.R. 1323, to create a ing amendments. We have spoken on Security to create a comprehensive public safety communications trust the floor. We have asked for reports. interoperability strategy and to au- fund. Under my legislation, after an We want to see where the money is thorize funding for first responders and initial 3-year grant program, the fund- being spent, because it certainly is not government agencies to plan and pur- ing for the trust fund would come from being spent on the communications our chase equipment. the future sales of the spectrum. first responders need. Despite consensus, I do not know Grants would be allocated to eligible One of the champions, one of them anyone that disagrees that interoper- entries to achieve interoperability, who has been down here day-in and ability is a problem and that first re- with multiyear grants available to en- day-out working side by side on this sponders do not have necessary re- sure that agencies can develop a long- issue is the gentlewoman from New sources. The bill has not even moved term plan without having to worry York (Mrs. LOWEY). We also have the out of committee. about funding from one year to the gentlewoman from Pennsylvania (Ms. b 2130 next or who is in charge of the budget. SCHWARTZ) who is a new Member who Congress has been using the sale of has taken up this issue, and she will The record of this majority and this spectrum as a budget gimmick for speak after the gentlewoman from New administration is troubling in other years. This year we are again consid- York (Mrs. LOWEY). ways, too. First responders also lack ering the legislation to sell a block of I yield to the gentlewoman to kindly adequate radio spectrum for their ra- spectrum by 2008 estimated to be worth share a few thoughts with us. dios to work. The gentleman from 10 to $20 billion. Where is this money Mrs. LOWEY. Mr. Speaker, I want to Michigan (Mr. STUPAK), my good col- going? The money is going to offset thank the gentleman for organizing league, referenced that legislation. $126 billion in tax cuts for the wealthi- this Special Order and emphasizing Legislation has been repeatedly intro- est Americans. over and over again how important this duced to solve this, but the majority I think the proceeds should go to our issue is. will not let it advance. police, our firefighters and not the mil- Frankly, Mr. Speaker, it amazes me The Intelligence Reform Act that we lionaires. With all due respect to the that 4 years after September 11 we are passed last year stated the DHS, the people who are well off in this country, still talking about gaps in our Nation’s Department of Homeland Security, they are not clamoring for these tax strategy to prepare for the unthink- must come up with a timeline for cuts. It is just the philosophy of one able, another terrorist attack. And one achieving interoperability by April of party over the priority of needs of this of these glaring gaps is the inability of this year. Five months later, I have not great country. first responders to effectively commu- seen the report. Has the gentleman Senator JOHN MCCAIN even agrees nicate in an emergency situation. We seen the report? There is no report. with me. He has introduced a bill to witnessed this 10 years ago in Okla- Finally, in his fiscal year 2006 budget give first responders the spectrum they homa City. It resurfaced in Columbine request, the President did propose to need and to direct the proceeds of the in 1999. The problem proved to be dead- fund the Office of Interoperability and spectrum auctions to a public commu- ly on September 11. Compatibility within the Department nications grant program. The compa- Of the 58 firefighters who escaped the of Homeland Security at $20.5 million, nies who are going to buy the spectrum north tower on the World Trade Center a 35 percent decrease from fiscal year are going to use it for advanced wire- and gave oral histories to the Fire De- 2005 levels, and far below the billions less communications. But what are we partment of New York, only three, needed to meet this challenge. The going to do if we do not act now? We three heard radio warnings that the President did not get briefed ade- will continue to fail our first respond- north tower was in danger of collapse. quately when Katrina hit. When he was ers if some of the auction proceeds do People all over the city looked at it preparing the budget, he clearly was not go to ensuring that public safety, happening, but our firefighters who not briefed adequately. first responders, and local governments bravely responded did not get any kind Eight years ago, let me repeat that can invest in the very wireless commu- of radio warning. We will never know again, 8 years ago, the final report of nications that will result from the sale. how many of the firefighters who died the Federal Public Safety Wireless Ad- It is an embarrassment that our 14- that day while heroically rescuing visory Committee concluded that, ‘‘Un- year-old students and kids in many thousands of workers would have been less immediate measures are taken to cases have better wireless communica- spared if they had effective interoper- promote interoperability, public safety

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8144 CONGRESSIONAL RECORD — HOUSE September 20, 2005 agencies will not be able to adequately vania (Ms. SCHWARTZ) and myself, by the difficulties that they faced in the discharge their obligation to protect the gentleman from New Jersey (Mr. minutes and hours after the plane life and property in a safe, efficient and PASCRELL), a number of us have come struck. However, what we found in the cost-effective manner.’’ down here repeatedly, saying we have aftermath of Katrina was that our first Last week, the 9/11 Public Discourse got to fund this program. They say, we responders still lack the tools that Project found that minimal progress will get to it, we will get to it, we will they need to be most effective. has been made to provide adequate get to it. Even before Hurricane Four years ago, almost to the day, radio spectrum for first responders, and Katrina hit, some of us said, have you evacuation orders were not heard in Commissioner Kean has called the got your interconnectibility ready? We the towers of the World Trade Center failed communications that slowed know that technology exists. The mili- because the police, the firefighters and Katrina rescue efforts a ‘‘national tary has it. Why can we not use it? other emergency personnel simply scandal.’’ Once again, it is, we will get to you. We could not speak to each other. And just Now, forgive me if I sound impatient are getting tired of that excuse. So I weeks ago, in the days following Hurri- or even angry, but with nearly every appreciate the gentlewoman’s help and cane Katrina, similar problems ham- major study and report on homeland leadership on this issue. pered initial search-and-rescue, secu- security concluding that lack of inter- Next, I would like to yield to the gen- rity, and relief efforts. operability remains one of the most se- tlewoman from Pennsylvania (Ms. Those of us who are participating in rious issues facing first responders in SCHWARTZ), who is a new member of this evening’s discussion, along with this country, I simply cannot under- our caucus and has done a wonderful many of our colleagues who could not stand why this administration has job. She has really been concerned be with us this evening and Americans done little more than pay lip service to about what happened in the terrorist across the country, were alarmed by this issue. Well, it is time to do more attack of September 11; and of course, the lack of leadership coming from the than talk the talk. Pennsylvania was part of the Sep- Federal Government, particularly the We must do something now to ensure tember 11 tragedy. We all know too administration, in preparation for and that in the event of an emergency, be well the lack of communications, how in response to Katrina. it a natural disaster or a terrorist at- it hindered our operations, even our The American public was rightfully tack, our local police, firefighters, communication, to know what is going disappointed, if not horrified, by the EMS workers, 911 dispatch operators, on, whether it was in the air or on the Nation’s state of preparedness, which State police, National Guard, Coast ground in Pennsylvania. appeared to be so woefully inadequate, Guard, FEMA, FBI and all other public So, with that, I yield to the gentle- despite our past experiences and prom- safety agencies have the ability to woman from Pennsylvania (Ms. ises from this administration to do bet- communicate with one another. Hurri- SCHWARTZ), my friend. ter. cane Katrina is not a wake-up call that Ms. SCHWARTZ of Pennsylvania. Mr. Over the past 4 years, members of something needs to be done, it is a fire Speaker, I do appreciate the oppor- this body, like my colleague from alarm. And I urge my colleagues to im- tunity to speak with my colleague. Mr. Michigan, like my esteemed colleague mediately adopt legislation to address Speaker, I thank the gentleman from from New York, have worked tirelessly this critical problem. Michigan for organizing this evening’s to prod the Department of Homeland Again, I want to thank the gen- conversation on first responder com- Security to provide our Nation’s cities tleman from Michigan (Mr. STUPAK) for munications. with standards for interoperable com- organizing this Special Order. I do hope This past weekend, I joined with munications. As a State senator in that the administration and some peo- other Members of this body on a fact- Pennsylvania, I authored and passed a ple in the leadership are listening. I am finding mission to the gulf shore com- resolution calling on Congress to act; tired, and I know the gentleman is, I munities which have been ravaged by yet this guidance has not yet come. am impatient and I am angry. Hurricane Katrina. I was struck by sev- We have hearings in the Committee eral things, two particularly relevant So as we await leadership from the on Homeland Security. Members of the to this evening. Department of Homeland Security, administration testify; they agree with First, I felt, as so many other wit- communities across the Nation are us. We ask them, when are you going nesses have felt, that the images on working to equip themselves with the to send out requests for proposals; television, on the Internet, in the technology necessary to enable various when are you going to seriously ad- printed press, do not do justice to the local and regional first responders to dress this problem? We are going to do enormity of the devastation. seamlessly communicate in the event it; we are going to do it. Second, I was moved by the sense of of an emergency or mass incident, and Katrina came. Hundreds of people shared duty among the first responders they are doing so because they cannot lost their lives, and we still do not who have arrived on the scene from all afford to wait. have a definite plan in place to make across this Nation. In my region, the Philadelphia Police sure that people can talk to each other These police officers, firefighters, Department, along with Southeastern and communicate with each other to medics and National Guardsmen and Pennsylvania Transit Authority offi- save lives. -women came to the distressed gulf cials, are working to address the fact So I thank the gentleman again. coast region, and many of them came that their radio systems are not com- Mr. STUPAK. Mr. Speaker, I thank voluntarily because they saw their fel- patible, making it virtually impossible the gentlewoman for her words and her low Americans in need of help. They for them to communicate should a co- passion, for the statement. She has came because they felt duty bound to ordinated response be necessary in any been on this issue from day one. She their brothers and their sisters, their of our subway tunnels, as might have has been a great advocate for New fellow Americans, most of whom they happened, and did happen in London. York and the devastation you saw on had never met. I have been working closely with city September 11. And the administration Mr. Speaker, we in this body are also and transit officials to find interim continued to say, the gentlewoman is duty bound. It is our duty to ensure remedies to this problem, but the Fed- right, threw a little bit of money the that our first responders have the tools eral Government should be enabling first year, second year; but 3 years that they need to protect and serve any them to implement a long-term solu- later, the last 3 years, the budget pro- community in this Nation, under any tion. This is what is required nation- posal by the President and approved by circumstances. ally. the majority party, the Republican We seemed to understand this respon- The President must propose, and Party in this Congress has zeroed out sibility after the tragedy of September Congress must act, to provide a dedi- the only program specifically set up to 11. Our respect and admiration for the cated radio spectrum for first respond- develop interoperability. role of first responders in New York ers. Through the objection of the gentle- and here in Washington and in Penn- The Department of Homeland Secu- woman from New York (Mrs. LOWEY) sylvania was to be matched by a Fed- rity must establish Federal standards and the gentlewoman from Pennsyl- eral commitment to address some of for interoperability.

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8145 The President should request, and tricity and phones were out. So most but I want you to know that I’m not the Congress should provide, the fund- people neither saw nor heard the warn- going to forget what I’ve seen. I under- ing necessary to implement these ing. Officials in Washington seemed to- stand that the devastation requires goals. tally oblivious to the bulletin.’’ more than just one day’s attention.’’ Mr. Speaker, I stand with the gen- Going on, on Ted Koppel, Live I would like to hold the President to tleman from Michigan (Mr. STUPAK) to- Primetime last Thursday, Michael his words because I came here tonight night to say that the time for these ac- Chertoff said, ‘‘We are extremely to talk about public safety commu- tions is now. Our communities and our pleased with the response that every nications and the failure of this Con- citizens across the Nation cannot wait. element of the Federal Government, all gress and the Bush administration to Mr. STUPAK. Mr. Speaker, I thank of our Federal partners have made to adequately respond to the communica- the gentlewoman for coming out and this terrible tragedy.’’ tion needs of our first responders. joining us tonight on this Special Ted Koppel: ‘‘If Secretary Chertoff Sadly, we in law enforcement and in Order. I was really interested in some was pleased, it could only have been be- Congress who work on these issues of those recommendations she made cause he had no notion of what was ac- were not surprised by the lack of com- here earlier tonight. Those are many of tually happening on the ground in New munication after Katrina. Much of that the recommendations we have heard Orleans. Between 20 and 30,000 people transcript which I read we were not for years and failed to act upon. Even were stuck inside the Superdome. surprised by. the planning money that was to be for There was no more food and water. The We have seen many examples of cri- this national operability, so they will toilets overflowed long ago. While ses where first responders could not be coordinated together, has been ze- those inside were supposed to be bused communicate, going back to 1982, with roed out in the budget. to the Houston Astrodome, the streets the plane that left Washington Na- Then we have Hurricane Katrina, and were flooded and there weren’t enough tional and crashed into the Potomac, it just emphasizes the devastation that buses available anyway.’’ or take the Oklahoma bombing at the Murrah Building in 1995, or the Cali- occurred and the lack of knowledge and b 2145 response. People are saying, well, why fornia forest fires in 2003, and Sep- did we not know? We did not know be- Let me go on. Here is what the Presi- tember 11. We just experienced Hurri- cause there are no communications. We dent said: ‘‘I don’t think anybody an- cane Katrina, and now we have Hurri- cannot continue to say the excuse we ticipated the breach of the levees. They cane Rita knocking at our door. Mr. Speaker, that is why I have been did not know, because we had the op- did anticipate a serious storm, but working for years to make the needed portunity to do this. This has been these levees got breached. And as a re- investments so that firefighters and going on since I worked the road some sult, much of New Orleans is flooded, police can talk to each other, so that 20 years ago, and trying to commu- and now we’re having to deal with it police can talk to EMTs, so that offi- nicate with each other. Unfortunately, and will.’’ Ted Koppel: ‘‘The President is cor- cials can talk to ambulances, so that we had these tragedies, but maybe we rect. Nobody did anticipate the breach the medical personnel that people need can use this opportunity in a positive of the levees, but they did predict that to get better or to be rescued can talk light to learn something from this and the levees would be flooded. At Toru and communicate and save lives. We maybe get some interoperability. I cer- Hospital, 10 patients have died over- thought we finally made some progress tainly appreciate the gentlewoman’s night. There was only one working when President Bush said, and this is leadership and compassion for those telephone in the entire hospital and a what he said in January of 2002 in talk- who have suffered so much in Hurri- small staff which was low on supplies. ing about 9/11, the President said and I cane Katrina. quote: ‘‘It is important that we under- Mr. Speaker, last Thursday, ABC They were forced to make some very tough choices. Correspondent Bob stand in the first minutes and hours News, Ted Koppel, the headline, after an attack that that is the most ‘‘Primetime Moment of Crisis: System Woodruff was there.’’ Female doctor: ‘‘What we’re doing hopeful time to save lives, and that is Failure.’’ I am not talking necessarily today is, the physicians are going why we’re focusing on the heroic ef- about the lack of communication and around and evaluating every patient. If forts of those first responders. That’s who should have done this or not. I just they can say their name, we’re giving why we want to spend money to make want to talk for a moment about what them an IV fluid to make their tank sure equipment is there, strategies are they saw in this Primetime program better, to kind of give them a boost.’’ there, communications are there, to last Thursday on communications, just Bob Woodruff: ‘‘What if they can’t make sure that they have whatever it communications. say their name?’’ takes to respond.’’ We start with Greg Meffert. I got the Doctor: ‘‘We’re not giving them IV I agree with the President 100 per- transcript of the show because it was fluids. We consider them not viable.’’ cent; but, unfortunately, I say they are so revealing of so many of the problems Going on, underneath this report last empty words. What did the President they had just through lack of commu- Thursday, Lieutenant General Russell say and what did he close with on the nication. Honore, U.S. Army. Ted Koppel show last Thursday? He Mr. Meffert says, ‘‘The only commu- The reporter asked: ‘‘Will these peo- said: ‘‘I’m going to fly out of here in a nication we had was a laptop that we ple be out of New Orleans by sun- minute, but I want you to know that brought, and it had a wireless down?’’ I’m not going to forget what I’ve seen. broadband card that worked all the Lieutenant General Honore says: I understand that the devastation re- way up into the Hyatt.’’ The Hyatt was ‘‘No, how do you move 20,000 people by quires more than one day’s attention.’’ where the mayor of New Orleans had sundown? No, hell no.’’ With all due respect, Mr. President, we his command center. ‘‘So the mayor Ted Koppel: ‘‘Having heard reports of are pushing 3 years, over 3 years since and the chief and all of us were getting guns inside, SWAT teams and the mili- you gave us almost similar words after our information via this little laptop. tary arrived with weapons locked and 9/11. There has been scant follow- Finally, the Internet feed goes out.’’ loaded. From the perspective of those through, very little planning, very lit- Ted Koppel says: ‘‘It was one in a se- stranded inside, the rescuers looked tle standards-making, and minuscule ries of communications breakdowns more like men prepared to put down a funding for interoperability. that would contribute to untold suf- prison riot.’’ Evidently, former FEMA Director fering and a still untallied number of President George W. Bush: ‘‘I’m Brown was surprised by the meltdown. deaths. At 8:14 central time, the Na- pleased to report that the convention Even he told CBS News that the agency tional Weather Service issued a bul- center is secured. One of the objectives failed to anticipate ‘‘the total lack of letin reading, ‘flash flood warning, a we had today was to move in and se- communication, the inability to hear levee breach occurred along the indus- cure the convention center.’’ and have good intelligence on the trial canal at Tennessee Street.’ The Ted Koppel: ‘‘It would be one more ground about what was occurring problem was that by the time the bul- day before the buses finally came.’’ there.’’ letin went out, the hurricane had been President George W. Bush: ‘‘I’m Perhaps FEMA Director Brown battering the city for hours. Elec- going to fly out of here in a minute, should have read the report published

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8146 CONGRESSIONAL RECORD — HOUSE September 20, 2005 by the U.S. Conference of Mayors, different sites is strong evidence that square one. It is a disgrace, and it must which I have cited many times on this compatible and adequate communica- be changed. floor before. According to the U.S. Con- tions among public safety organiza- I hope that tonight we have helped to ference of Mayors report released in tions at the local, State and Federal enlighten the American people and June of last year, more than 80 percent levels remain an important problem. that interoperability becomes a reality of our cities are not interoperable with Federal funding of such interagency and not a fiction or a dream that many Federal agencies. New Orleans is and communication units should be given of us in law enforcement have had for was one of those cities. This means high priority.’’ more than 20 years. Maybe the words of that in the event of a terrorist attack Last week, the former Republican the President after 9/11 and after Hurri- or another natural disaster, far more Governor of New Jersey and co-chair of cane Katrina, when he says he is going than three-fourths of the United States the 9/11 Commission said their rec- to jump on his plane and do something cities would be woefully unprepared to ommendations have not been heeded. about it, we will actually get to work coordinate responses and communicate Governor Thomas Kean said, ‘‘It’s the and do something now. We cannot take effectively to be safe, to be secure, and same thing all over again. It’s a lack of any more natural disasters like the one to do their job. communication, first responders not we saw in the last few weeks on TV be- Here are some more troubling num- being able to talk to each other. It’s no cause we are unprepared, because we bers from that U.S. Conference of May- command and control, nobody in cannot communicate, because we do ors report: 97 percent of cities are un- charge; it’s delayed responses. It’s basi- not have intelligence on the ground, prepared to communicate during a cally many of the things that, frankly, because those who are sent in to do the chemical plant disaster; 94 percent of if some of our recommendations had job cannot talk to each other. the cities are unprepared to commu- been passed by the U.S. Congress, that How much longer does this have to nicate during a rail disaster, much like could have been avoided.’’ go on? I hope and pray not much we saw in Chicago this last week; 92 Some may argue that local agencies longer. percent of the cities are unprepared to can apply for grants under the Depart- f communicate during a seaport disaster. ment of Homeland Security State for- Clearly, our local public safety agen- mula block grants. They argue that DISASTER BRINGS OUT THE BEST cies are no closer to being interoper- money can be used for interoperable IN HUMAN NATURE able than they were 3 years ago, 5 years communication systems. Well, Mr. (Mr. GINGREY asked and was given ago, 20 years ago, or in 1982 when the Speaker, I have been out on this floor permission to address the House for 1 plane went down in the Potomac, or and I have offered amendments on the minute and to revise and extend his re- even 20 years ago when I worked the House floor to find out how much marks.) road as a Michigan State Trooper. It money has gone to interoperability. I Mr. GINGREY. Mr. Speaker, I wanted all points back to the fact that public have received incomplete and delayed to take this opportunity briefly to just safety communications have not been a responses from the Department of say that in the aftermath of this ter- priority for this Congress or this ad- Homeland Security. They have no idea rible natural disaster known as ministration. how much money. They can tell you Katrina we certainly have heard a lot The estimates to make local, State, how much money has been spent, but of name-calling and finger-pointing on and Federal first responders interoper- they cannot tell you how much money both sides of the aisle in regard to who able are as high as $18 billion, yet only from these grant programs has been might be responsible, who did good, $260 million has been provided specifi- spent on interoperability in 2002 or and who did bad. I think at the end of cally for these upgrades; and the Presi- 2003. the day, after we have an opportunity dent continues to zero out funding for They just recently figured out how in this House to thoroughly investigate this program in his budget requests. much has been spent for 2004, but they that, we will have answers to those Mr. Speaker, my legislation would are not sure if it went to interoper- questions. take communications funding away ability or not. They sort of think some In the meantime, Mr. Speaker, I just from the whims of the congressional of it did. That does not say much about wanted to let my colleagues know that appropriation process and away from the oversight or the planning from the when I had an opportunity to go down the President. H.R. 1323 would set up a Department of Homeland Security to Baton Rouge to one of the shelters public safety communications trust about where the billions of dollars of over the Labor Day weekend, I did not fund, and revenue from that fund would State formula grant money has gone. see the worst in human nature, as de- come from the sales of the spectrum. Finally, Mr. Speaker, this adminis- picted in some of the TV scenes with My bill would dedicate 50 percent of tration must develop a plan and stand- the looting and the crime in the imme- the net revenue from future spectrum ards to give State and local officials diate aftermath of the levee break. I sales into a public safety trust fund. By some guidance. There has to be min- saw the best of human nature. I saw dedicating these funds from the sale of imum standards setting. We have been people pulling together, working hard; the spectrum, we would ensure that saying this for years. It does not cost the Red Cross folks and volunteers funding would be set aside no matter that much to set them, but it has not doing all they could, driving down to what happens in the annual appropria- been done. The folks at SAFECOM, Baton Rouge or trying to get down into tions process. which is one of the departments within the gulf coast or into Mississippi or Local agencies cannot afford to up- the Department of Homeland Security New Orleans; just dropping everything grade their communications equipment that is in charge of developing these and taking days off work and bringing without Federal assistance. I believe standards, SAFECOM, charged with de- supplies. It was really an amazing show that Federal assistance is more than veloping these standards, told Congress of the best in human nature. justified when the Federal Government last year that ‘‘at the rate we’re going, repeatedly calls upon local first re- it will be another 20 years before our b 2200 sponders to be even more vigilant and public safety agencies are fully inter- It is something that I want to tell to be even more prepared for possible operable.’’ Another 20 years. my colleagues that have not seen that acts of terrorism and, now, from nat- I do not know about you, Mr. Speak- side of the issue, a lot of good is com- ural disasters. er, but I am sure the American people ing out of this natural disaster. Hope- In fact, the 9/11 Commission report would agree with me that we do not fully we will continue to see that good outlines a similar recommendation. have another 20 years. Another ter- as we help the people in the gulf coast, The report states: ‘‘The inability to rorist attack on the U.S. is not a ques- and particularly in the city of New Or- communicate was a critical element of tion of if, but when. Another hurricane leans, put their lives back together. the World Trade Center, Pentagon, and is approaching the gulf as I speak here Mr. Speaker, I appreciate the time to Somerset County, Pennsylvania, crash tonight. Public safety is not an issue touch on this. As we go through this sites where multiple agencies and mul- where the administration and Congress week and the next several weeks, we tiple jurisdictions responded. The oc- should continue to drag their feet. Yet will be talking more and more about currence of this problem at three very here we are, 4 years after 9/11, still at this, hopefully during Special Orders,

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8147 and drawing from other experiences, ans was a city that was growing. And But as it laid out this system, the and experiences I experienced myself a as it grew, the land settled. As it set- system of levees designed to protect a week or so ago in the gulf coast area. tled, the levees were constructed and city that is settling and a city that had f the protection was established; but it as much as 16 feet of water in the city, was more designed for something we the idea was, of course, to plan for an WORST CASE SCENARIO had experienced in the past rather than expected or an historical event. But The SPEAKER pro tempore (Mr. something we might anticipate in the one article in there laid out the sce- PRICE of Georgia). Under the Speaker’s future. nario that was called worst case sce- announced policy of January 4, 2005, But it was not without anticipation. nario; and worst case scenario was if a the gentleman from Iowa (Mr. KING) is In fact, the newspaper articles in the category 4 or category 5 hurricane recognized for 60 minutes. New Orleans Times Picayune had laid came into New Orleans from the south Mr. KING of Iowa. Mr. Speaker, I ap- out, I believe, five different editions of and sat with its center near the center preciate the opportunity to say a few that newspaper that all dealt with the of the city of New Orleans, or perhaps words tonight, and I appreciate the structure of the levee system, the pro- a little to the left or west where the gentleman from Georgia (Mr. GINGREY) tection of the levee system, and what counterclockwise winds of the hurri- for being here and his consistent ap- would happen in the event of certain cane would drive the ocean water up proach to good government and good weather circumstances, particularly into Lake Pontchartrain, and there policy. I also understand that the gen- hurricanes. Each of those editions had would be a surge of water that actually tleman from Georgia (Mr. GINGREY) has five or six articles that laid out certain lifts water up out of the ocean above been down to the hurricane-ravaged re- segments. sea level, as that water comes up it gion to see what is going on down As I sat through the night reading raises an elevation. Water has a tend- there. through those, it struck me this was a ency to flow downhill. That is one I wanted to take an opportunity to concise presentation of the cir- thing I can say professionally: Water say some words about Hurricane cumstances. If one wants to go and runs downhill. The south wind would Katrina, about the disaster itself, how visit and understand what happened push that water that was elevated up it came to that point, what has hap- around New Orleans, I highly rec- into Lake Pontchartrain and raise that pened to get us to this point, and what ommend that they revisit those pages lake up, a lake that might have a depth we need to do to get ahead in America on the Web site of the New Orleans between 8 and 20 feet deep, approxi- and rebuild and reconstruct the rav- Time Picayune newspaper. I believe it mately 16 to 17 feet average depth, but aged region of the gulf coast. was 2002, although the articles do not half again more water, 8 to 10 feet more As I speak, we have another hurri- have a date I can find. water pushed into Lake Pontchartrain. What I saw was a Mississippi River cane that is swelling up to a category And as the south wind drove that water leveed off from the city of New Orleans. 4 hurricane. Who knows where it is to the north, and it is a huge lake, that The levees are 25 feet above sea level. going to make landfall, or if it will lake had half again more water. They protect the flooding of the Mis- make landfall. If it takes a turn in the As the hurricane shifted further to sissippi River. It gets over 25 feet over wrong direction, it could get the very the right or to the east, that moved the sea level, it would spill out over the location that is still underwater from eye to the east of New Orleans and to levees. And as far as I know, it has not Hurricane Katrina. the east of Lake Pontchartrain. When done that, at least not from the river I take us back to those days prior to that happened, the wind turned around itself. Hurricane Katrina striking that re- to the north. When it turned to the There were also levees designed to north, it began to drive that water that gion. I know back as early as 2002 there protect the city from the surge from were significant documents published was stacked up in Lake Pontchartrain, the gulf. It is unclear to me the ele- drive it back to the south. And when it in the local paper that illustrated the vations of those levees. Some of them structure of the dikes, the levee sys- did that, there was a 10- or 12-foot or were not as high as the 25 feet above greater wall of water because there was tem, the protection from hurricanes sea level that is the level around the and flooding that existed around the that much water in the lake, it was 155- Mississippi River. There are also levees mile-an-hour winds driving that water, New Orleans area. operated by the levee district and in For years they had been building pushing that surge over the levees, conjunction with the Corps of Engi- over where the floodgates needed to be miles and miles of levees and dikes. neers. As I picked out of that article, The original concept of the city, as the and the inlets to the canal levee sys- there is cost sharing. First of all, the tem. city got established and grew, like Corps of Engineers constructs, oper- Mr. Speaker, that was the worst case most cities, it was not the most sci- ates, and maintain the levees on the scenario, and that was the scenario entifically identified location, but it Mississippi River. The other levees, that was laid out in the newspaper in was a location good for commerce. If particularly the levees that are the 2002. It was the scenario that hit with you can pick a good location for com- boundaries of Lake Pontchartrain that Hurricane Katrina when Lake Pont- merce, then you will find out that the keep Lake Pontchartrain from surging chartrain spilled over the levees. Once value of that commerce flowing into into New Orleans, those levees are it breaches a levee and the water starts that city would be great enough to jus- managed and constructed in conjunc- to flow, the velocity of the water tify the construction of the infrastruc- tion with the Corps of Engineers. And erodes the soil out and creates wide ture that was required to, at least then there are lateral levees that run gaps in the levees and lets more and within the vision of the people making along some of the canals that are con- more water come faster and faster, and the decisions and paying the taxes and structed and maintained by the levee New Orleans began to fill up. We saw appropriating the funds at that time, district themselves, according to the the low parts of New Orleans on our to protect the city with at least mini- published documents. television screens, and I saw them from mal advocacy. As I look at those elevations, the the air a week ago last Sunday. That As the years went by, New Orleans river elevations, Corps of Engineers, 25 was the worst case scenario that hit. grew. It began to settle below sea level. feet above sea level. The hurricane lev- I pose one more thing into this ques- And as the Mississippi River would rise ees around Lake Pontchartrain, ap- tion. There were a couple of other and bring its periodic floods, as I have proximately 17.5 feet above sea level. things with regard to how people re- seen in Iowa, and I have worked in the The elevations along the 17th Street sponded, and perhaps we will get to floods of 1993, that water made its way Canal, there was one elevation that that, but the scenario was this. By my down there and flooded that region too. was 4.5 feet above sea level. That canal information and I have not checked the They built protection, and each device needed floodgates at the inlet of Lake actual river flows, but by my informa- was designed to protect the last flood, Pontchartrain to protect the surge tion, the Mississippi River was running and seldom do we design to protect from spilling out and breaching the at one of its lowest levels. It was at against the next flood. levee on the 17th Street Canal. The least a seasonal low, if not an histor- I do not take issue with the design of other two canals fell in the same cat- ical low. As I flew down from New Orle- the Corps of Engineers, but New Orle- egory. ans to the gulf, south about 90 miles of

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8148 CONGRESSIONAL RECORD — HOUSE September 20, 2005 channel to get to the Gulf of Mexico, with putting a plan together for a solu- Mr. Bob Ledbetter, Jr., allowed me to and looked at the devastated commu- tion for New Orleans and the region in fly down on his plane, an angel flight, nities down there, the 25-foot levees the gulf coast. to Baton Rouge with medical supplies, down below were breached. I would say The gentleman that is here tonight three nurses, two from Emory, one they were topped. The river levees were that spoke briefly with a 1-minute from Cobb County. topped by water that surged over the speech is the gentleman from Georgia. We basically went to one of the larg- top, which said that this low-flow Mis- And this gentleman is a doctor from est shelters in Baton Rouge, 5,000 peo- sissippi River saw such a surge from Georgia, a colleague of mine, a class- ple there at the River Center, took the ocean that it came up and went mate of mine, elected to come in for those medical supplies. And then I over the top of the 25-foot levees, 25 the 108th Congress together. A gen- spent some time seeing patients. No feet above sea level, surged over the tleman who has given a lot of his life life-threatening emergencies, but top of those levees and flooded the bot- for the betterment of this country, in- stress patients that have been through tom ground between the gulf levee and cluding who-knows-how-many babies a lot, fatigue, some who had swallowed the Mississippi River levee and washed delivered, how many passionate speech- the contaminated water and were suf- out anyone that lived in that half-mile es on the floor based on that experi- fering symptoms from that. But main- stretch that lives in between the two ence, and the times that he has taken ly I just had an opportunity to talk to levees, all of the way from New Orleans his profession to support his work here evacuees to get a sense of what they down to the Gulf of Mexico. in Congress but also the times he steps went through and to also see volun- That surge in that river, that surged away from his work in Congress to lend teers who were just working day and all of the way up into New Orleans and a healing hand to people who need night with very little sleep and doing it put pressure on the entire system, I that. in a most compassionate way. Not per- wonder what it would have been like if Mr. Speaker, I yield to the gentleman fect order, but organized to the best of the Mississippi River had been running from Georgia (Mr. GINGREY). their ability. at a high flow as opposed to a low flow. Mr. GINGREY. Mr. Speaker, I thank I want to give very high marks to the It would have been worse yet if that the gentleman from Iowa for yielding Red Cross, Mr. Speaker, at the River had been the case. to me in this Special Order tonight. Of Center in Baton Rouge. If the gen- I looked at what caused that disaster course, he brings to us an expertise tleman from Iowa will allow me, I and how it came about and how it was that few Members of Congress really would like to mention some names of predictable, it was predicted, and what have and an understanding of this rath- people that I felt need some pats on the we might have done and what we might er complex system of levees. The city back and some accolades. well do. That will be something that I of New Orleans, how it is constructed First, I met the director of the Red will commit a lot of my energy to in and how it is protected, and the lower Cross effort at the River Center, Mr. the upcoming months, to have some Mississippi, the gentleman from Iowa Jeff Schnoor. His name is a little dif- oversight on the planning process, (Mr. KING), of course, understands that ficult to pronounce, but Jeff is a re- since it is my background and my life’s and had an opportunity within the last tired military man, 21 years in the work and my history of having been 10 days to actually go down to the area military, a single parent, I think from flooded. I had four large construction of devastation, as he points out; and I San Antonio, had been working with contracts going on in 1993 in Iowa, and am very happy that he is going to be the Red Cross for 12 years, been had them all underwater intermit- working to try to restore and get it through a lot of disasters, but told me tently throughout that spring and right as we seek to rebuild. that this was the toughest assignment early summer, and, by the 9th of July, I had, Mr. Speaker, an opportunity that he had ever had. And he handled having them all underwater with some that I want to share with my col- himself in that entire center with 5,000 of my equipment as well. That helps leagues. It was entirely different real- evacuees with such calmness and pa- me empathize with the victims of this ly, not from the engineering technical tience. It was a very difficult time, but flood. My house did not wash away, my perspective, which I have very little he handled it extremely well. business nearly washed away. That sea- expertise on. But as a physician Mem- I also was able, Mr. Speaker, to meet son was washed away, and it put all of ber of the Congress, I found myself with a group of physicians who had us through a lot of work and stress and going into the Labor Day weekend en- gone down from Atlanta, and I want to economic hardship that I think served joying a dove shoot. The opening day of particularly mention Dr. Cecil Ben- me well to have been tested in that dove season in my great State of Geor- nett. He had an organization that he fashion. Hopefully I will be able to use gia was that Saturday of Labor Day, put together through his Atlanta pri- and draw on that experience as we the long Labor Day weekend. And as I mary care practice, some of his part- reach out a helping hand to the people was sitting in a dove field waiting for ners, some of the nurses that work for on the gulf coast. these few birds to come over that I had him, and he called this Operation As far as that background and that very little chance of hitting, I began to Brother’s Keeper. And his focus was to history subsequent to the floods of feel a little bit compelled to do some- not let these angel flights just come 1993, we did flood mitigation work and thing, especially as a physician Mem- down with medical supplies and per- worked in conjunction with the victim ber. sonnel and fly back empty, but he was communities throughout the region in And I was fortunate enough, when I determined to see that any evacuee, Iowa all through the balance of the got back home, to call around and real- displaced person, that had family or decade. We were not able to do any ize that there was an opportunity to go friends in another State, particularly flood mitigation in 1993 because we into Louisiana, into Mississippi, and to in Georgia, to be given an opportunity were one of the companies that was un- try to help out a little bit. A lot of to fly back and to get into maybe a less derwater; but by 1994 we had pulled folks have done that; and I am sure crowded situation and join family or ourselves up out of the water and we that they felt, coming back from that friends in another location. had gotten our contracts finished and experience, just as I did, tremendously And so when I came back from Baton we reached out and we did flood work. gratified to have made the effort. Rouge, it was with another angel flight We have done work on all of the res- But I basically, Mr. Speaker, hooked pilot, Mr. Steve Stemmer, in a very ervoirs in Iowa on the Missouri River a ride with an angel flight. Angel small plane carrying the pilot, myself, and Mississippi River. So we have ex- flights are private pilots or corporate and four evacuees, one of whom had tensive experience in that kind of work pilots who are willing in an emergency just had a baby a week before the hur- and elevations and drainage and hy- situation to donate their aircraft to fly ricane hit. So it was really quite a drology and water flows and elevations either medical personnel or supplies thing to see. and the impact of the velocity. and equipment into an area. And that There was a couple in Baton Rouge. is exactly what I ended up doing. On We had worked all afternoon in the b 2215 Sunday morning of the Labor Day shelter seeing patients; and then, lo So these are things that I will pay weekend, a good friend, a compas- and behold, it got to the wee hours of close attention to as we move forward sionate citizen from Rome, Georgia, the morning and we realized we had no

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And this couple, Eva and us in this Congress recognize that as the gentleman from Georgia (Mr. David Kelley, took in six of us, and there needs to be a private sector solu- GINGREY) mentioned, in Baton Rouge, their teenage boys had to sleep on the tion to this, that we need to help those and around that region in the country. couch, and they gave us their beds. people that need and deserve the help, There were cities that more than dou- I guess what I want to say, and I ap- but at the same time the government bled in their population in a matter of preciate the gentleman from Iowa for cannot be the solution to everything, a few days. giving me the opportunity, is that I that the human spirit will win out with And we watched that unfold, and we had a chance to see the best of human all. And as the gentleman from Georgia saw that tens of thousands had been nature. I know right after the levees (Mr. GINGREY) said, the spirit of the taken to the Astrodome in Houston and broke and we were all so shocked to see people down there showed very much received their cot, and the cots were all that water in the city of New Orle- the positive sides of this. lined up side by side with barely ans and particularly shocked by the I saw some things too that strike me enough room to walk in between them, looting and the kind of mob behavior in a way as a sense of humor that helps where people’s new home was a small that we see in situations like that, people adjust to the disaster. Having bag of some possessions that sat under- maybe that did bring out the worst of been through some disaster myself, I neath their own personal cot, which human nature in a very limited few; understand that psychology that one was laying out there in the middle of but what I saw, Mr. Speaker, was the cannot just wallow in feeling sorry for everywhere with hundreds and hun- best of human nature in the majority, oneself. The poor me’s do not clean up dreds of people all in one room sleeping the vast majority of people. anything. And after a couple of weeks together and set up with food lines and And not just in the volunteers and of people coming up and saying, I am passed drinks and receiving medical the professionals, the Red Cross, who sorry, I am sorry, one gets to the point care and doing all we could do at the were doing their job, but really in the of saying all right, but now I want to time. evacuees themselves. They are good go to work and it is time to start b 2230 people. They explained to me why they cleaning up the mess and putting this did not leave. I was very curious to thing back together. But they needed to be relocated some know if they had been able to hear the One of the things that I saw was in a place more permanent, some place that warnings. In almost every instance, sporting goods store that was boarded they could call home. Mr. Speaker, they had clearly heard up with plyboard in Slidell, Louisiana. I know that there were some States the warnings. Some of them had never It had a series of windows there with that set up cots within their city cen- been out of the city of New Orleans in about a four by eight sheet of plywood ters and some of those were used and their entire lives, and they had been over every one of them. And as I looked they needed them. But we looked at it through plenty of near misses without at that, the one on the left said in big from a different perspective, where I this big perfect storm flooding their red letters, ‘‘Looters will be shot.’’ And am from, and we looked around and city, and they knew that some of the the next window to the right said, asked the question, how could we best neighbors in the past had actually left ‘‘Survivors will be shot again,’’ and serve some people? How could we best their property, only to come back and there were three more windows with reach out to people in need? find New Orleans dry but their prop- plywood on them painted on in big red We came up with the idea that I call erty totally ransacked and looted and letters, ‘‘And again and again and the ‘‘package deal.’’ We sent a message destroyed. again.’’ out to each of the county seat mayors Even if they did not own. If they were And I walked in there to talk to that in the 32 counties, asked them to hold renting property, everything that was gentleman, and he had not had a prob- a meeting and ask to come to that in there was theirs. It was their stuff. lem with looters. His sporting goods meeting their emergency manager in They had that pride, that sense of own- store was full of inventory, and he was the county, several of their top em- ership. So it gave me a much better un- open for business that day, and he was ployers, their pastors, the school ad- derstanding as to why these people did selling product over the counter. I did ministrator, and any other volunteers not leave. They were not stupid. They not notice that there were any lights and groups that would like to, espe- had a good reason. So we need to continue to be compas- on in there. I suspect there was not any cially the service clubs that are very sionate and realize that, while it is electricity, but he was doing business, effective in our region, such as the Ro- hard to look for any good out of such a and he had protected his place. I think tary and Kiwanis and the Optimists tremendous disaster, natural disaster, I the signs on the windows had to help, and the Lions who all have a signifi- think we do have a chance, if we all and it also helped him send a message cant role to supplement the work of pull together and do not get into too to the people that were looting and the churches. much partisan bickering over this and shooting in the city off to their south We asked them to identify the pack- finger-pointing, to help New Orleans and west, and that would have been the age deal, as I referenced, and that is, and the gulf coast and the State of Mis- city of New Orleans. I believe Slidell with this vision in mind that we could sissippi and Louisiana rebuild and was pretty close to the center of the invite people into our communities and maybe make the lives better for a lot worst of it. Although a fair amount of save family units. So that when the of these people that did not have such the town seemed to remain intact, once plane landed or the bus pulled in, the a good existence prior to this storm. we got out into the countryside, there mayor would be standing there to greet So I thank the gentleman for allow- was not much left in a lot of those re- the family or families, and alongside ing me to come and share just a few gions to the south and somewhat to the them would be the pastor of their thoughts tonight with my colleagues. west of there. choice, if they had a choice, and next Mr. KING of Iowa. Mr. Speaker, I As the gentleman from Georgia (Mr. to the pastor would be the sponsoring thank the gentleman from Georgia GINGREY) has spoken about taking a family that would be sponsoring the (Mr. GINGREY) for his presentation to- ride back to Georgia with some of the newly-arriving family or the sponsors night and also for his service and for evacuees and reaching out a hand to of the families, and perhaps a school getting in there as he did early and see- help, I wanted to point out, Mr. Speak- administrator there. ing the situation there and reaching er, the effort that we have done within But the essential core would be the out a helping hand. I know that his ex- the district that I represent, roughly mayor for the ceremonial duties, so to perience there and the perspective that the western third of Iowa. There are 32 speak, and the formal welcome; the he picked up down in that region will counties there, and they range all the pastor for the spiritual support which serve him well as this Congress makes way from Minnesota down to Missouri. we know that everyone needs; and the decisions on the taxpayers’ dollars and, And we looked on television as we saw sponsoring family would help the new when we appropriate those dollars, the tens of thousands of evacuees that family get acquainted and be absorbed when we direct those dollars, that they were trapped temporarily in New Orle- into the community, so that they go to the most good and to the greatest ans that were being evacuated out. would know when they set foot on the use that they possibly can. They were going to the Astrodome. ground that they could lay their head

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8150 CONGRESSIONAL RECORD — HOUSE September 20, 2005 on a pillow that night that would be tember 10, and flew down there and ning to do, and I looked at the list, the theirs and a home that they could call landed at Little Rock that night, pret- checklist, the problems that had been home, at least for a while, and a refrig- ty late, and left Little Rock early in raised and posted and the solutions erator that had food in it, and that the the morning at 5:15, in keeping with that were proposed and how they ar- kids could go to school the next day. the flight plan that we had filed. We rived at that, it was a textbook study, As we put that package together and flew on in to Louis Armstrong Inter- I think, on how to put together a res- the inventory came together, we have national Airport and landed there cue and recovery operation. since identified perhaps two dozen about 7:26 a.m., Sunday morning, Sep- The communications had been wiped households and sponsoring families of tember 11. Somehow, it seemed that we out in New Orleans. In fact, Michael the package deal, and I would think had not come all that far in 4 years Chertoff stood here and gave us a pres- there are that many again in Iowa that when I got a look at New Orleans, but entation on the disaster of Katrina in a are almost ready to say, yes, we will be certainly that thought came to mind, session of Congress in his briefing and, happy to sponsor a family. that reverent day to commemorate as he described this, he said that if the So we are moving forward with that September 11, it became September, military were going to attack a city, process. We have some families who are 2005, and a great, great city was under the classical attack would be to go in placed in the region. Most of that water, and a huge, huge area of the gulf and wipe out the power and the com- comes from family connections or coast had been destroyed and blown munications, which Hurricane Katrina church connections, and we are reach- away and washed away by the surge of did for the city of New Orleans, wiped ing out to expand them. It is important the storm, an area roughly 90,000 out the power and communications; for us to do all we can to donate square miles, perhaps the size of Kan- and then it would wipe out the trans- money, commit our time, and it is also sas. portation routes, destroy the ability, important for us to identify the re- But as we landed there that morning, disturb the ability to get in or out of sources in our communities and be able I got out of the plane and walked into the city of New Orleans, and then at- to offer a package deal where a family the airport service center there, and tack. That is exactly what the storm needs a new community and a new there were three men that had spent did. It wiped out the electrical power, home to adopt them, either tempo- most of their time working there, had wiped out the communications, took rarily or, if they choose, permanently. not really been outside that area that out the cell phones even, and then All we ask from them is be a good cit- I could tell. Some had lost their homes, wiped out the access to and from the izen and you can stay here as long as or at least they were flooded, wind city, even including the part of the you want or need to, and we are going damaged, temporarily at least. They causeway; flooded the approaches to to help you find a job. Part of the job were living off of military meals, ready the bridges, you could not get in or out prospects was part of the offer that we to eat, they seemed to be everywhere of New Orleans, it was a stranded city, put together. down there and there was not much of and then the attack was the water that As one of my district people who will anything else, but there was plenty of flowed in and filled that city up, as be heading this up had to say, whether water. So there was bottled water and much as sometimes 16 feet of water. or not we get a long line-up of people food, the essentials of life; there was So that classical attack that came to that are willing to come and accept shelter there. New Orleans shut off all of the commu- this offer and take a trip to get relo- Their telephones, I believe their land nications, made victims of hundreds of cated in our part of the State, as long lines were not functioning, but their the rescue workers whom the rescue as we offer them an option, it gives cell phones were working, and my cell plan was designed to put to work to them at least some power. People that phone did work. So I called over to the help save others, but they were victims do not have options do not have hope, joint operations center, which was of the storm and the attack, so to people who have been loaded onto across the other side of the air strip, speak, themselves. I would describe planes and flown across this country and they sent a car to pick me up. I ar- what happened, and each of us, I think, and landed into cities in different rived at the air strip there sometime in this country now could go down the States and when they got on the plane, after 8 o’clock that morning, perhaps path of criticizing a number of public they did not know where they were 8:15, 8:20. As I walked into that center, figures in this event; but in lieu of going, and I am told that sometimes I met officer after officer that was that, I will take my colleagues back to they did not actually know where they there on duty in that center where the storm that I described earlier. This were when they arrived. They found they are controlling the communica- storm that was the worst-case sce- out soon enough. Mostly, though, I can tions for the rescue and recovery and nario, that was the classic military- confirm that in the heat of the evacu- the evacuation of New Orleans. style attack on the city of New Orle- ation attempt, which was a successful It took about an hour to discuss some ans, the hurricane that positioned effort, it was not practical to be nego- of that through with the officers that itself so that it was almost perfect. tiating with people that were under were there, and they asked if I would If you were on the side of the hurri- stress on where they would go. It was stay for the 9 o’clock briefing, which cane, you would say it was a perfect just important to find a place for them began precisely at 9 o’clock, and I did storm. It was a perfect storm in that it to go, and the rest could be sorted out stay for the briefing. It seemed as came with the velocity and the power later. though they directed a lot of their and the intensity and the speed and ex- So even though it sounds a little bit briefing to me, and I say that because actly in the location that it could do inhuman to load people on airplanes some of the details that they went into the most damage. It positioned itself so and fly them places, by the same I suspect everyone in the room knew that it stacked all that water up in token, when you go into a situation those answers except for myself. So as Lake Pontchartrain, then it positioned where you have that many tens of they directed that briefing on me and itself to surge the water back out of thousands of people in one place, and if invited me to ask questions, I did ask Lake Pontchartrain, flowed over the you begin to negotiate and you say, a few; and in the end, they asked me if levee dikes, breached the dikes, and here is the offer, I want to fly you off I would say a few words, and I did. then began lowering the water level in to Minneapolis, for example, somebody Good people there. They had pulled Lake Pontchartrain while it filled the is going to hold out for Las Vegas or that together. I am going to guess that city of New Orleans. Des Moines, or wherever it might be, there were 40 to 45 people in the room, That all took place, and it took place and then you end up with a chaotic sit- each representing their own govern- even though man had prepared for a uation when you have to act, act fast, ment agency which would have been bad disaster. But it was the perfect load the plane, get going so that plane Federal and State and city, as well as storm; Katrina was almost the perfect can get out of the way for another one the nongovernment agencies, the non- storm. It could have been a little more to land and get turned around. government organizations, the NGOs intense, it could have clearly been a So I visited the area, and I left Ames, that were there. As I listened to them Category 5, but it was nearly the per- Iowa in a small plane at about 6:15 in talk about what they had done, how fect storm to destroy New Orleans and the evening on Saturday, it was Sep- they adapted and what they were plan- destroy the gulf coast and destroy the

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8151 whole flow of the channel in the bot- I happen to know that there was a then sometimes the inability to agree tom ground all along from New Orleans fleet of air boats that came from Geor- on what the next appropriate action all the way down 90 miles to the Gulf of gia, and they waited to get the orders was, not having had thought this out in Mexico along the Mississippi. to go in. They wanted to go in and save advance, in my history I will look back That perfect storm, Mr. Speaker, and people. They could not get orders to go and tell you that much of what I have then I would add to that another per- in, partly because of the security, and seen in the form of people who appear fect storm, another perfect storm, I think partly because the communica- to be quick thinking, were really peo- which was the chain reaction of dis- tion was breaking down; but, nonethe- ple who had thought ahead and simply aster that came when the plans for the less, they decided to take matters into reacted to the scenario that had played storm and the plans for the hurricane their own hands, went into the city, out in their mind. reaction, the evacuation of people and and that small group of air boats res- And I do not know that this scenario then the recovery and the response to cued 800 people. That was a point of had been played out in the minds of the the storm, broke down. And it can be light in this disaster of the storm, and local leadership, but I did read this sce- argued that it broke down at nearly it happened over and over again, people nario in the newspaper. And again every level at one point or another. taking charge, people acting, reacting, these questions will be asked. They Having been in business for 28 years, responding, taking initiative the Amer- will be answered. And I think that I have seen a number of times when I ican way. America will get a reasonable perspec- have called it in business a chain reac- Sometimes when top-down manage- tive when Congress gets finished with tion of disaster. In my business, the ment is destroyed because of commu- our hearings sometime in the future. earth-moving business, I talk about nications or the plan just does not Right now, we are in the recovery and this scenario: somebody forgets to load work, people have to take over and re- planning the reconstruction mode. the grease tubes onto the maintenance cover. We have done that in wars from A few other things that come across trailer, and then they show up at the my mind. I stopped and talked to a job and there is no grease. Then the the beginning of time, or the beginning of this country; and we have served shrimper down at Slidell, Louisiana. man who is doing the greasing does not He had five boats. Two of them were grease. Then, because of that, then a ourselves well with that kind of initia- tive and that kind of inspiration that west of New Orleans; they survived the bearing goes out. Because the bearing storm. Three of them were east of New comes from that. goes out, the machine breaks down. Be- Orleans; all of them were blown up on cause the machine breaks down, it is But the communications broke down, the plan that was there for evacuation high ground. not there to support the other ma- He had a friend who had been running filled up the civic center, filled up the chines; and when that happens, the a video tape on the day that the water Superdome. There did not seem to be whole job and the whole operation surge came in. I think there they said breaks down, and all for want of a adequate water or supplies or medicine the surge was perhaps 17 feet. As the grease tube. or order in the Superdome, and it filled water began to come in the house, he Sometimes, the disaster could have with people and put a lot of pressure on turned on the video player. And within been worse for want of better commu- the people that were in there. We know 3 to 5 minutes the water had filled the nication. As the gentleman from that bad things happened inside that house to the point where he was going Michigan (Mr. STUPAK) spoke here ear- building, and they will unfold as time up the stairs. His wife was trying to lier in his Special Order perhaps 30 goes on. save the dogs and go up the stairs, and minutes ago or more, they did not have The Superdome was surrounded with the last sounds in the film, I am told, the ability, the interoperability to water, and yet I have reports that some and I hope to be able to see that film, communicate across the different lev- people drove to the Superdome presum- is the sound of this individual that is els of law enforcement. I know that we ably before it was completely sur- chopping a hole in the roof so he can had law enforcement sometimes stand- rounded with water, parked their car, get out on top of the roof with his wife ing on one side of the river or even op- and walked in. If they could drive to and the dogs, to save themselves from posite sides of the road with water in the Superdome and park their car, they the flood. between and could not get to each could drive out of New Orleans and That 17-foot surge of water there, other because their radios would not evacuate themselves. Why did they not which in some cases was as high as 27 communicate because of frequency do that? So the questions remain, and feet, that filled the House up in just a problems. We have the technology many of them that are critical of gov- few minutes, in 3 to 5 minutes the today to tie that all together and make ernment have been publicly aired, and water came up. It is not quite like a that work. That was not the case down I will not dig down into that. tsunami that breaks like a surfer’s in New Orleans in many of those cases. But I will just say that from a weath- wave, and it is not quite like a wall of So because of that lack of ability to er standpoint, Mr. Speaker, we had a water, but I understand, and wish I had communicate between the law enforce- nearly perfect storm, from a chain re- seen film of this, it is more like a big ment officers, because the power was action of disaster, from a break-down surge of water, a big belly of water out, the lights were out, because we of communications and power and cut- that just rolls up and goes over the top had vandals and because we had looters off of the transportation routes, and of anything in its path. and, in fact, on Monday, and the storm then the inability of the local law en- And the power, the power of that was still passing through on Monday, forcement people and the local security water, of the wind too, but of the water by Monday afternoon at 3:30, there people, those who were not already vic- is awesome. I have spent my life in the were looters in the streets with guns, timized by the flood that were on duty, construction business. I have worked shooting, robbing, breaking in, and their inability to communicate with with asphalt, base courses and over- stashing that loot in places where they each other, and then their inability to lays. And I saw hundreds of feet of as- thought they could go back and get it, communicate with the chain of com- phalt surfacing, 4-inch overlay, that and many of them did. That was an- mand, going up from the city to the had been washed off of the highway other piece that broke down, was the State to the Federal Government. down along the levee east and south of public order. Slidell on the road going to New Orle- b 2245 But, also, the worst-case scenario ans. that was in the paper described that It had to have been extraordinarily Any water that hits powerfully small boats would have to come in as difficult to get enough information to enough on the top of a levee to wash off volunteers and penetrate into the city make an informed decision in a time of 4 inches of asphalt in great slabs and and haul people out. Yet there were crisis like that, and it was immo- wash it several hundred feet out onto 1,000 people outside the city on Thurs- bilizing. the land, is a powerful, powerful wall of day morning I think, 1,000 people out- So the perfect storm of the weather, water. side the city with boats preparing to go and almost the perfect storm of the And I want to take you down, in your in, and the first boat that went in got chain reaction of disaster that flowed mind’s eye, Mr. Speaker, down south of shot at. So they were turned back and from lack of communications, inability New Orleans, down along the Mis- prevented from going into the city. to communicate with each other, and sissippi channel, along that channel

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8152 CONGRESSIONAL RECORD — HOUSE September 20, 2005 where I flew that Sunday, September country I do, I have never seen a tor- going to look forward to, in 10 years, 20 11, with the Corps of Engineers as they nado take out a water tower. I have years, going back down to the gulf went down to review the levies and the never seen a wind take out a water coast, Mr. Speaker, and seeing what places where the levies had been tower. I have never seen a force take has been brought about by the recon- breached going south. It is perhaps 90 out a water tower. But this force took struction effort that we will see. miles of river from New Orleans south out this water tower. And I do not And I want to be sure that the work down to the Gulf of Mexico. There is a know whether it was the trash that that we do builds adequate levees, ade- 25-foot-high levee along on each side of was blown into it or washed into it, or quate protection, adequate hurricane the Mississippi River that contains the the wind itself, or the combination of walls and flood walls so that a category river, and there is also a 25-foot-high, the trash, the wind, and the water. But 5 hurricane can be withstood by the approximately 25-foot-high levee that it caved this water tower in. protection that will be reconstructed keeps the gulf from washing out the By the way, there is your dish up around New Orleans and around the back side of that levee. here on top. Perhaps the cell phone other communities in that area. Now, as you fly down there, the com- tower was on top of the Buras water I do not know if they will rebuild munities that used to exist in that tower too, and they were out of com- Buras. I do not know if they will re- stretch, and this stretch is perhaps, it munication. But that gives an example build these communities down there. I varies in width, but perhaps a half a of how bad it was. will say, I cannot imagine them not. mile wide, on average, with the bottom In these communities, as I mentioned But it is still highly vulnerable, and I ground in between the two levees, the earlier, Belle Chasse, Port Sulphur, do not know that there is very much gulf levee on the west side, and the Empire, Buras, and then from there more that we can do to protect the peo- Mississippi River, that is the west side further south, Buras is about 65 miles ple of that area. of the Mississippi River, about a half south of New Orleans, then Boothville, So as I add it all up, I would say, in mile of bottom ground in between. then Venice. Venice, by my math at summary, that we have to be prudent There are similarities on the east side least, is the last community before you and responsible in the spending that we of the Mississippi too, but just speak- hit the Gulf of Mexico, perhaps another provide. We have to look to the private ing of the west side. 18 or 20 miles. sector to contribute as much as it can. When you fly down through there, on Here is another sign of the spirit of We have to get a handle on how many that bottom ground you will see the the people in Louisiana. And as you insurance dollars are there. A handle places where the communities used to can see, as I could see from the air, on how many people will not be going be. And these communities used to be still flooded, this water surge, this is back to New Orleans, and I believe that communities, because the wind came the Mississippi River right here on top. number will be significant. up and blew hard and blew a lot of And the surge has come over the top We need to reconstruct New Orleans these communities away. Shattered and dropped silt up here on top. This is in the areas where it is not likely to go the buildings and tore the buildings all trash that has been pushed in from underwater again first, and get a han- down and blew them away. And any- the flooding. This is in between the two dle on how many people the population thing that stayed was flooded. The levees. It goes half a mile width. This of New Orleans will be in the short water surge in the Mississippi River set of homes is essentially nothing left term, say within the next 2 to 5 years; surged over the top of the Mississippi here. Shattered shards of what used to and the lower part of the bowl may be River levee, and filled that area up in be buildings, and water standing per- better used, instead, for some public between those two 25-foot-high dikes haps 6 or 8 feet deep in this area. Yet purpose like a park, a golf course, rath- with water; then the surge came from after it has been up as high as here, er than housing, which is going to be the gulf side and did the same thing. very, very vulnerable. Heavy winds blowing almost every- you can see the trash has floated to But we can do three things to protect thing out of its path, and destroying here from the inside. New Orleans and protect them from an almost everything, and then the water But one thing that did survive, Mr. engineering prospective. One is to build in from the Mississippi River side, from Speaker, was the flagpole. And the first a hurricane levee and hurricane walls the east side sloshed in, and then the thing that had to happen was, the per- at the outlet of Lake Pontchartrain, so surge from the gulf side sloshing in as son that owns this land had to come in when another hurricane comes, the low well, and filled that area up twice. And by boat and bring in Old Glory and run there is no place for the water to get her up the flagpole as a sign of patriot- pressure center and the southern wind out, Mr. Speaker. ism, as a sign of God and country, as a that pushes that water up into and And the communities as we flew sign of defiance, that they were not surges into Lake Pontchartrain cannot along there, I saw the water towers, going to let this storm get the best of get into Lake Pontchartrain. Keep the and could read the water towers of them, Mr. Speaker. water out of Lake Pontchartrain is most of them. As you go south from And I am encouraged by the spirit of number one. New Orleans, it goes Belle Chasse, is the people that I met, and awed by the Number two is build hurricane gates one community; next community is power of the storm, and by the breadth at the inlet of the canals, like the 17th Port Sulphur; the next community is and the magnitude of this disaster, Mr. Street Canal and the other canals Empire; the next community is to my Speaker. And I am also motivated by along that area, so that if the water left, Mr. Speaker. This is what is left of the challenge that lays before us all as does get into Lake Pontchartrain, or the community of Buras, Louisiana. we reach out to the people of Lou- there happens to be a high wind that This is the best side of the water isiana, Mississippi, and Alabama. comes from the north, that we can pro- tower. This water tower has been blown And I visited the shelters also the tect the inlets of those canals as well down, crushed. The other side is dented next day, and I slept on a Red Cross as the rest of the area along Lake and caved in. The legs are wandering cot, and appreciated their hospitality. I Pontchartrain was protecting. back across over here. This picture is was not aware until the next day that And then the third thing is to raise the best side of the water tower, be- there were people sleeping without a the pump stations, the many pump sta- cause that is the side that has the cot, perhaps not too many miles from tions that are there in New Orleans city’s name. That is why we chose this where I was. As I looked at that effort that found themselves underwater, out picture to put here tonight. This is that was done by Red Cross people and of commission, and we fit those pump what used to be the City of Buras. volunteers of all kinds, some of them stations with a backup redundant sys- These homes that are here, it is un- had been working 18, 20 hours a day for tem so that if the power goes out they likely that they are sitting on their 13, 14, 15 days in a row, now more days can still run, whether they be diesel own foundations, but there were a few than that. They have committed and engines or whether they be generator that were, but most of them were just sacrificed a lot to help others out. And run, the city power that might run the gone, washed away, blown away, double we all need to do the same. I am going pumps needs to be backed up with a flooded, and destroyed. to continue in my efforts. generator on that location. They need But I have never, in the tornados And I am going to look forward to to be well above the elevation where that I see, living in the part of the the challenge of rebuilding. And I am the highest likely water can be.

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8153 So those are the things that I will be As I said last week, we are in the Last week, I brought many of these taking a look at and weighing in on. first couple of minutes in the first publications to the floor. This is just a These will be the things that I think quarter as it relates to the recovery of few of them. There are news reports Congress has the responsibility to con- Hurricane Katrina. We are going to and accounts of people just not doing sider. And as we encourage the people talk this week about many of the what they are supposed to do. So we of New Orleans to keep the faith, keep issues that are facing the people in the need to make sure that we do not fail the spirit, show this American spirit Gulf State areas and Americans in gen- the people that pay taxes, the people you have for the most part. And some- eral. Because we have appropriated the that woke up one Tuesday morning to times on television the best side of New largest supplemental appropriations in vote for representation, that we do not Orleans was not shown. the history of the United States of fail them as it relates to being the But as this saga unfolds, Mr. Speak- America outside of war with the $62.3 stewards of the very government that er, we will continue to see the best side billion just as a down payment to start they pay taxes to. of humanity, and a lot of it exists in helping the Gulf States recover, Mr. I am glad, Mr. Speaker, this week to the people in Louisiana, Mississippi, Speaker, a couple of weeks ago and last share the floor with my good colleague and Alabama. week, I am really concerned about the and friend of many years, the gentle- f Federal commitment to the South, not woman from Florida (Ms. WASSERMAN 30-SOMETHING WORKING GROUP only in what we say but mainly focus- SCHULTZ). It is great being on the floor ing on what we do. And I am disturbed with the gentlewoman again. The SPEAKER pro tempore (Mr. in many areas of how we are starting Ms. WASSERMAN SCHULTZ. Mr. WESTMORELAND). Under the Speaker’s out on the part of what we do. Speaker, it is, once again. This is a reg- announced policy of January 4, 2005, Now, one may say, $62 billion, that is ular weekly event for us, and it is an the gentleman from Florida (Mr. MEEK) a lot of money. It is. More money than important thing we do. And I really is recognized for 60 minutes as the des- has been appropriated to any disaster enjoy spending the time with you on ignee of the minority leader. thus far, and it will continue to grow the floor and with our colleague from Mr. MEEK of Florida. Mr. Speaker, because of the needs and because of the Ohio just trying to talk to folks in our once again it is an honor to address the work that needs to be done. But it is generation. So often when I talk to House. And I want to thank the Demo- one thing to appropriate. It is another friends of mine and neighbors and col- cratic leader, Democratic leadership, leagues in the 30-something range, they Democratic whip, and also the chair- thing to make sure those dollars go to sort of tell me, they scratch their man of our Democratic Caucus and also the right, not only areas, but also it heads and wonder, you know, most of the vice chair. will go down to the people that are in- Mr. Speaker, as we have been doing, volved in the recovery process. the stuff you all talk about in Congress week after week, and for now two Con- We are going to talk a little bit has no impact on my life. They really think, because what they gresses, a Congress and a half, coming about Davis-Bacon and the waiving of to the floor, sharing issues and con- Davis-Bacon by the President. We will are doing is they wake up in the morn- cerns of the American people, need it also talk about the issue as it relates ing. They get their kids ready for be the 30-somethings that are out to no-bid, no-requirement contracts school. They get themselves ready for there, or young people in America, and that were given to companies that are work. They get in their car in their ga- those that are underrepresented in participating in Iraq and that are rage. They drive out of their garage. many cases as relates to their everyday under investigation on their Iraq con- They go to work. They pick up their lives, and so we take honor and privi- tracts; but they were in the part of the kids, they come home and park the car lege in coming here. group of big contractors that received in the garage again and start it all over contracts in the aftermath of Hurri- the next day. And when you are living b 2300 cane Katrina. And how does that play that kind of life, trying to balance The 30-something Working Group as it relates to sending a strong signal work and family, trying to in many consists of Members who are in their to the South and to the Gulf States cases live paycheck to paycheck, it is 30-somethings on the Democratic side that we mean business when we say very difficult to listen to the debate on of the aisle. We get together every that we are about them recovering. this floor and understand how the week and talk about the issues that are I would also add, Mr. Speaker, last things we do affect their lives. facing America. Then we come to the week we took some action here on this But if there is anything that we floor to be able to share with our col- floor. I personally voted against it be- could do to show our generation how leagues some of the good things that cause I felt that it was important that government impacts their lives and can we are doing and also some of the we have an independent commission significantly alter their lives or things that we can improve on. look at what happened. And we are through inaction how it can alter their Mr. Speaker, I would just like to joined by a super, and when I say lives, it is the aftermath of Hurricane start out by saying now I have the gen- ‘‘super,’’ a supermajority of Americans Katrina. Because we have so many tlewoman from Florida (Ms. that have said they want an inde- glaring examples of what went wrong, WASSERMAN SCHULTZ) on the floor here pendent commission to look at what of what should have happened and did with me and the gentleman from Ohio happened and what did not happen and not, and how hundreds of thousands of (Mr. RYAN) is on his way. to make sure it never happens again. people’s lives have now been turned up- I must say from the outset that I am Now, not on the natural disaster side. side down. And normally, I think peo- very proud of the work that so many We cannot legislate, we cannot stop ple that are in our generation look at, individual Americans have done in vol- natural disasters from happening. That and quite honestly, older and younger unteering their time and also contrib- is an act of God. But one thing we do than our generation look at the vic- uting to the victims of Hurricane have within our power is making sure tims of Hurricane Katrina or of any Katrina. that we govern in a way that the peo- tragedy which is a natural human The gentlewoman from Florida (Ms. ple of the United States, no matter thing to do and say to themselves, you WASSERMAN SCHULTZ) and I close to our where you are, that you will be pro- know, that is not me. That is them. districts received some weather today tected and the government will not fail That would never happen to me. I do from the ongoing system that we have you. not live in a community where that in the gulf, but we pray and we hope When I say ‘‘government,’’ I want to could happen. that it weakens before it reaches the make sure that we do not get confused. But the gross underpreparation and gulf coast area. And I would also add I am talking about Federal. I am talk- disregard for the potential for a that there are so many unsung heroes ing about State. I am talking about Katrina to happen, I mean, substitute and sheroes in this country that have local. And in the case of Louisiana, any potential disaster in my region of done, some have done their job as it re- parishes, presidents, government facili- the country and there but for the grace lates to first responders, others have ties that were opened, plans that were of God. volunteered their time because it was available that were not executed on all We have got to take the next step the right thing to do. levels. Some of this we already know. and help not just our generation but all

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8154 CONGRESSIONAL RECORD — HOUSE September 20, 2005 Americans understand what should prescription drug. We saw it happen Mr. RYAN of Ohio. That is exactly happen for these Katrina victims now. with all these other ones. right. They need housing. They do not need a The bottom line is the committees Mr. MEEK of Florida. Under oath, lot of talk. Of course, they need sym- that are set up now in Congress do not and let it be known they are telling the pathy and empathy. They need emo- have proper oversight, do not reflect, I truth to the American people. tional assistance, but they need hous- think, the will of the American people Mr. RYAN of Ohio. And so Repub- ing. They need roofs over their head. and I think ultimately do not reflect licans do not want certain people to They need economic security. They the truth of what is going on. testify. They have votes to prevent the need to know how it is they are going Mr. MEEK of Florida. Mr. Speaker, I Democratic group from saying, hey, we to get a job again, where are they think it is important to just under- need to talk to this guy from FEMA or going to get a job again. How are they stand that we have the same thing hap- wherever, homeland security. going to get their home loans resolved? pening. This is not a mystery. Ms. WASSERMAN SCHULTZ. It I was reading an extensive article After 9/11 we did a little work. I tell would be like if Enron executives or today how you have banks that were in folks all the time that we do work Tyco executives suggested that they those gulf coast States that the bank within the 30-Something Working would do the investigation on what was blown out, the properties that they Group. We do not come to the floor went wrong with their two companies lent money on are gone, the people are with the Debbie Wasserman Schultz- themselves, the corporate executives. gone. So what happens to the trans- Tim Ryan-Kendrick report. Mr. RYAN of Ohio. We do not need Mr. RYAN of Ohio. These are facts. the government to come in here; we action? How do they get the money Mr. MEEK of Florida. These are back? What is Congress going to do to will investigate it. You are exactly facts. We do not get in the back of the right. That is what is going to happen. try to help put all that back together chamber and say this is what we are and sew it all back together? It is going to be the same kind of going to say today; this is the story cover-up and whitewash, get out the Then there is health care. We have to today; let us look at who said what make sure that these people can go to Brillo pads because we are going to today in the paper today. We want clean this up. We need accountability the doctor and get well. Some of them third party validators, and I am going and I think the American people want were not well to start with. Some of to tell you what is important here. it and demand it right now. them were the picture of health and no We did a little work. We have some- Mr. MEEK of Florida. There is no longer are. thing in the Congress, and I know question. The latest Washington Post- Finally, we have got to make sure many of the Members know. We call it ABC poll found that 76 percent of the that these kids, these thousands and the Congressional Research Service. public supports the creation of a 9/11- thousands of displaced kids, get back These are the individuals that are in type independent panel. When we say to school somewhere and that the com- the Library of Congress. munities that they are going to end up Mr. RYAN of Ohio. Nonpartisan. independent panel, let me just go down going to school in, we are from south Mr. MEEK of Florida. Nonpartisan, the history of what happened after 9/11. Florida. An influx of children the size academics. Basically what happened is that the of which came out of the gulf coast Mr. RYAN of Ohio. Smarter than us. Congress did what it is doing now. It States is not a depth that our commu- Mr. MEEK of Florida. Very smart, I said, oh, we will review this and we will nity could absorb. We are already in an must add, and I am just glad to rub el- get back to you in some months, do not overcrowded situation in our public bows with them. We have been spend- worry, do not ask any questions. Even schools, and so are many communities. ing a lot of time together. They have after 9/11, it was on the Permanent Se- So we need to make sure that the been coming over to the office. lect Committee on Intelligence level. I leadership in this Congress understands Today, we had a conversation, and think the only reason why the Senate, that those are the kinds of tangible one of the gentlemen from the Congres- the other body across the hall, and the things that we need to talk about and sional Research Service said, Congress- House got together was that you had stop moving forward with an investiga- man, I actually had to wear a coat to Congressman Porter Goss at that time tion that is basically turning inward work today to come over here. I and Senator GRAHAM from the same on itself. We need the independent thought that was quite interesting. I State, and they knew each other for a commission. Objective observers, ex- want to try to find a little humor with- number of years. They got their com- perts, people who can be trusted be- in this tragedy, but at the same time it mittees together, and behind closed cause it is trust that we need to restore is important, and you have to look at doors, they had meetings. They ques- so that when this, God forbid, happens history. tioned the CIA, and they questioned a again, and, unfortunately, we know na- I just want to make sure that Mem- number of other folks as it relates to ture will cause yet another problem bers understand, after the 9/11 Commis- what happened and what went down. like this to occur, that we have the ac- sion, it is almost like the Congress pro- There are a lot of honorable Members countability in place to know it will tects or tried to protect itself as an in- on the Permanent Select Committee not happen. And a partisan committee stitution. It is just natural. I mean, it on Intelligence here in the Congress, set up by the Congress with a majority is almost like if something happens some that I know. Some are good of one party serving on it, whether it is that may be embarrassing to the Fed- friends of mine, but the bottom line is, our party or the Republican Party, is eral Government, we then circle the it is not about relationships. This is not the appropriate way to handle this. wagons and say we have to protect the about making sure the American peo- institution, regardless of the fact that ple get what they need, not only the b 2310 it may end up in that circling wagons truth, but to make sure that we have Mr. RYAN of Ohio. Mr. Speaker, this and protecting the institution, when I the ability to correct ourselves. Let me is what has been going on in this cham- say the institution, the Washington just go down the line here. ber for years, I mean, since we got Beltway, the inside politics here, par- Then the 9/11 families, God bless here, since the gentleman from Florida tisan politics here in Washington, D.C., them, came to the Congress for (Mr. MEEK) and I got here, and the gen- we must protect ourselves; we need to months, talking to congressional lead- tlewoman from Florida (Ms. protect ourselves. ers. Two times here on this floor an WASSERMAN SCHULTZ) got here. Every- What do we have to do first? We have independent panel was introduced in thing has been partisan. The commit- to have control of the situation, and so the form of an amendment because tees have been partisan. Eleven-nine by saying that we will pass a bill on a that is the only way as Democrats we they want the oversight committee to bipartisan panel, you let the majority can get anything to this floor. I must be, which means basically the Demo- side tell you that it is bipartisan. We add in case some Members forgot, the crats do not have any say. already said that it is eleven-nine, Republican party is in the majority. If you have the majority in the com- eleven Republicans, nine Democrats, The Republican leadership runs what mittee, that majority party will dic- and under this kind of situation, you happens on that side of the aisle, and I tate everything that goes by an eleven are going to need subpoenas to make believe there was some good-hearted to nine vote. We saw it happen with the sure the people can come and testify. Republican Members. Some of them

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8155 are friends of mine. We talk, we read Members of Congress saying, listen, if Ms. WASSERMAN SCHULTZ. Go some of the same newspapers. I come you do not think that no one wants to right ahead. from some of the same area of the say it out loud on the CONGRESSIONAL Mr. MEEK of Florida. It is about pri- country, and they wanted an inde- RECORD, we are going to say it out orities. Priorities. pendent panel but could not vote for an loud: Protect those families. They need Mr. RYAN of Ohio. Bingo. independent panel those first two times the representation, to make sure we Mr. MEEK of Florida. I want to say here in this House. That is the truth. have the independent counsel. Fine, if that out loud. And I cannot say we, be- So when it came down to the amend- they want to do the independent panel cause we are not a part of that, but the ment in the Intelligence bill that cre- here. Whatever the majority wants, majority, the majority leadership, I ated the independent panel, the pres- that is fine. will put it that way, and the White sure from the American people and the House, would much rather protect bil- b 2320 pressure from those 9/11 families lionaires in receiving taxes. For in- helped. Once again, I am glad they But we need an independent panel. stance, let us say that they decide to came up here and forced this Congress Mr. RYAN of Ohio. And I think the repeal this tax cut for 2 years for bil- to do what it was supposed to do be- 30-something Working Group is encour- lionaires. Let us make a sacrifice on cause we never would have had the out- aging and 100 percent behind Leader behalf of the country. come measures that we had with the 9/ PELOSI on this. We do not want to ap- Ms. WASSERMAN SCHULTZ. Let us 11 bill passing on this floor that has point anyone to this. roll back a piece of it. made this country safer, that has made Ms. WASSERMAN SCHULTZ. That is Mr. MEEK of Florida. Roll back a it where agencies can talk to one an- right. piece of it. So maybe they cannot buy other. It sounds kind of familiar. Mr. RYAN of Ohio. Why justify this? another yacht for 2 years, but just hold FEMA, that is a true, it is an acro- Why give some kind of credence or it off for a couple of years to give us nym, but it is a four-letter acronym, credibility to this nonsense that is the money to be able to respond to not and a lot of folks have problems with going on? This is America, and so only the natural disaster but also as it FEMA. I know the gentlewoman from America should have 50–50. The Presi- relates to what is going on in Iraq Florida (Ms. WASSERMAN SCHULTZ) and dential election was about 50–50, and right now. That is coming in. That I have a problem with FEMA as it re- we should all be right down the line. train is going to roll in here again to lates to not letting our constituents Ms. WASSERMAN SCHULTZ. And the tune of $50 billion. being able to make claims. Their the gentleman is absolutely right, we Priorities. We would much rather homes were damaged, too, and there are here to say it right out loud. I also take prescription drugs away from sen- are going to be problems in the Gulf voted against the partisan committee iors. And I am smiling because it just States as it relates to that. that was voted on last week. seems like a bad dream. We would So I am saying this to make a point. And something else we should ad- much rather cut the transportation It took an entire year for the 9/11 Com- dress out loud are the ludicrous com- bill. mission families and Americans to get parisons that have been made to other Ms. WASSERMAN SCHULTZ. That is justice as it relates to getting a real so-called partisan or internal congres- right. independent review, and I am talking sional investigations. They are com- Mr. MEEK of Florida. That is going about the people from the White House, paring the Katrina committee that was to put people to work and allow local all the way down to the local govern- formed in the Congress last week to communities that have traffic conges- ment, and they came out and it was bi- the Iran-Contra investigation. Well, tion, to let that continue because we partisan and they worked with one an- there is absolutely no comparison. The want to protect the few. other. These were past elected officials, Iran-Contra investigation was by a Ms. WASSERMAN SCHULTZ. I am some individuals that were profes- Democratic Congress versus a Repub- sorry, we are all just champing at the sionals in the area of intelligence. We lican administration, where clearly bit tonight, but including in a region had governors on there. there would not be the legislative where the plight of over 100,000 people This is the kind of review that the branch and the executive branch walk- after the hurricane was the result of American people deserve and the indi- ing in lockstep. Clearly there was the their poverty. So now we are going to viduals that have lost their lives and accountability there when you have go in, and the second proposal for the injured. We still have children now two different party leaderships running spending cuts as opposed to rolling that are still missing. This is not light- those two different branches of govern- back the tax cuts is to repeal or elimi- weight stuff. This is heavy, very heavy. ment. So that is a ludicrous compari- nate or delay massive transportation So it is important that we do this. son and makes absolutely no sense to funding, particularly in communities I want to talk about Davis-Bacon use it, and it is disingenuous to use it. where mass transit is necessary and when we get a chance, but I just want And to add insult to injury, and I the only way poor people can get to to make sure that we share with the also hope we spend some time talking work is using mass transit. So they are Members that this is nothing new. This about this, what the leadership in the victims of a natural disaster; and now, is what the Congress does. This is what Congress is talking about, as if it is not a few months later, we will make them they do. This is what we do. I am not bad enough we are not going to really victims of a congressional disaster. a part of it because I voted against it, get to the bottom of why there was a Mr. RYAN of Ohio. If I can say some- and I am glad that I did, not that I do serious lapse in emergency prepared- thing here. We are taking from the not want to get down to the bottom of ness and disaster response in the gulf poor to give to the poor. That is ex- it. I know what the deal is. I know coast States, now, during the rebuild- actly what we are doing. My district is when I see the Potomac Two-Step, ing effort, when we have all said and one of the poorest in the country, and when I start hearing the music, I un- all Americans have locked elbows and they say they want to take the $15 mil- derstand what is going on. I understand said we will rebuild the gulf coast re- lion, which is not really a whole lot of this is inside the Beltway. I understand gion and we will do everything we can money, for projects that are going to there is a Republican President in the to help them, and we absolutely increase economic development in a White House and there is some protec- should, what are they talking about district like mine, and I know my col- tion that needs to take place here. I here in the Congress? They are talking leagues have some areas in the same understand there are individuals that about massive spending cuts, including way, and shift it to poor people? will probably do things better under cutting the prescription drug benefit Well, what have the wealthiest peo- other circumstances. for our senior citizens in Medicare; ple in the world or in the country been So, as we continue to move on week eliminating it, repealing it, or delaying asked to sacrifice in the last 5 years? after week on the 30-Something Work- its implementation as an offset to pay- Nothing. Bill Clinton said he got four ing Group, this will be exposed. The ing for the reconstruction of the gulf tax cuts. This guy makes millions of way when I am talking about right coast States. dollars a year. He gets four tax cuts in now, where we have on this paper will Mr. MEEK of Florida. I do not want the last 3 or 4 years. This President continue to be exposed to not only to cut my colleague off. needs to have the guts, and I choose

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8156 CONGRESSIONAL RECORD — HOUSE September 20, 2005 my words carefully, the guts to ask his portation money. I really would. Hon- water here in the Capitol, and I am not wealthiest contributors to pony up and est to God, as much as it would hurt running around saying that we need to actually help the country. my community, I recognize the situa- protect billionaires. This is not partisan. This is not tion that the country is in right now I also want to talk about, and I do about a particular insurance industry and I would be willing to say, Mr. not want folks to get confused there or pharmaceutical industry. This is President, how much do you need? As were no recommendations; there was a about the country. Can we for once long as everyone is sharing the burden bill dropped today by the gentleman make a decision that is based on the here. from California (Mr. WAXMAN) and the whole country, blue States, red States, I just cannot accept the fact that gentlewoman from California (Ms. everyone included? We are all going to they are going to ask us to give up our PELOSI) dealing with contractor fraud, help them. We are even going to ask money for poor districts and not ask making sure that the victims in the the wealthiest people. the wealthiest people in the country. Gulf States do not become victims Ms. WASSERMAN SCHULTZ. They That is insanity. It is criminal. again, not by Hurricane Rita but Hurri- have a name for it. They are calling it Mr. MEEK of Florida. Look at us. We cane Washington, D.C. that is going to Operation Offset. This is their plan. are here on the floor of the U.S. House take away the opportunities that will They are going to come back here in a of Representatives saying that the come out of tragedy. few days and propose Operation Offset, President, the leader of the Free World, And that is a very substantial bill, which is going to say that we are not the last standing superpower on Earth, something that I can say from the touching the tax cuts. In fact, I will that he should ask the most wealthy, Democratic side of the aisle that we quote. I believe it is the chairman of the individuals that are receiving un- have been putting out proposal after the Republican study group, our col- precedented tax cuts, that we have to proposal, day after day. If we were in league from Indiana. He said, we need say, can we please ask for some of that charge, if we were the committee to rebuild. We can find the cuts in money back, even though you did not chairpersons, if we had a member of Washington, D.C. to do that, I really ask for it? our caucus that was the majority lead- believe that. And his proposal is to set What happened to the leadership? It er, it would not be a letter, it would aside all those additional highway goes to show you what kind of govern- not be a proposal on an idea; the Amer- projects and delay the drug benefit by ment we have right now, especially ican people will see action carried out a year. Those are just some of the pro- when it comes down to the majority. and will give another voice in this per- posals that are expected to come down We have to ask billionaires. Please, we spective. the pike. are the Congress. But it is quite inter- Let me mention something about Now, before I yield to the gentleman esting, my colleagues, that we do not Davis-Bacon, and let me say the Con- from Florida, I represent a district have to ask the elderly that are going gressional Research Service, I was that is not poverty stricken. There are to be delayed in their prescription drug reading in the newspaper, some Mem- poverty stricken sections, but there benefits. We just do it. Or the majority bers of Congress on the majority side are communities in my district that just does it. were saying they are concerned about Ms. WASSERMAN SCHULTZ. We do are quite wealthy. And I have people in Davis-Bacon because of the unions. Let not ask them. those communities stopping me in the us do ‘‘operation clearup’’ here. We had Mr. MEEK of Florida. We tell them the Congressional Research Service supermarket and saying, Debbie, keep what we are going to do. We do not look at that. I did not think about my tax cut. These are people that need have to go out and ask mayors, Gov- Louisiana as being a union State, nor help. We need to make sure they can ernors, people in local communities, Mississippi nor Alabama nor Florida. have health care and that they have a like my colleague mentioned in Mr. RYAN of Ohio. They are right-to- roof over their head. So there are peo- Youngstown, and I am pretty sure my work States. ple out there that benefit from these colleague and I from Florida can give Mr. MEEK of Florida. That is what I tax cuts that get it, so why do they not similar examples of where to help our am talking about. get it here? communities. Does anyone think the Actually Mississippi, quite inter- Mr. RYAN of Ohio. And if we just had President is going to ask, can we have esting, is number 45 in the Nation as it the leadership, my friends, to ask those some of that transportation money relates to being a unionized State. Mis- people. It is not like the American peo- back, even though I signed the bill? sissippi, union members as a percent- ple are not generous at this point. age of employment, 4.2 percent. Wow, if They have given everything, if you just b 2330 we do not do something about Davis- ask them. I am not justifying all of the projects Bacon, that 4.2 percent, that is going to And we are not even asking average in the transportation bill. We know suck up all of the money. Americans to give. We are just saying there are some issues within that bill. Mr. RYAN of Ohio. Those union dues, the top 1 percent of the people; $70 bil- But this is the kind of America that we and let us make that quite clear, the lion in tax cuts over the year, pri- are living in right now. We are living in argument against having Davis-Bacon marily to the top 1 percent. Will some- an America where on the one hand we involved in FEMA is that the money body in Washington, D.C. who has the are saying we have to ask the individ- will go to union dues in those States. hand on the lever of government ask uals that have, and I am not talking And 4.2 percent of the workers in Mis- these people to contributes to what is about the folks that are making sissippi are union workers, and this ad- going on here? $100,000 or $200,000 a year, I am talking ministration is trying to give us a No, they want to come to Youngs- about the folks who are making mil- bunch of bunk that the FEMA money town, Ohio, where 50 percent of the lions and millions a year. We have to is going to go to union dues when only kids going to the school district in go to them, head down, and say is it 4 percent of the workers are involved in Youngstown live in poverty. They want possible, if you will, please, allow us to unions. It is bunk. to ask them to give up the millions of have some. So that means if you are Mr. MEEK of Florida. Mr. Speaker, dollars in transportation money that walking into a drugstore, that you are we get excited with third-party will build a roadway to build an indus- not going to be asked about your op- validators, and we come out with the trial park so that we can get jobs to tions. truth, versus what individuals who help grow our economy so that people And I want to segue over to Davis- may sit in the back of this Chamber can actually pay property taxes and so Bacon, and I want to give our Web site asking what are we going to say today. that we can fund the schools so that out so that we hear from some folks on Let me say this: Louisiana, the State maybe some of those kids do not live in this. We need some feedback here in where obviously a lot of this money is poverty. They want to take it from us. Congress. We need some intervention going to be spent, 6.8 percent organized And honest to God, honest to God, I on behalf of the American people. labor. We have to watch out for that 6.8 raise my hand right now, if the Presi- Mr. RYAN of Ohio. We need some percent. dent was willing to ask the top 1 per- adult supervision. Alabama, a lot of jobs with municipal cent to give up their tax cut, I would Mr. MEEK of Florida. It cannot be workers, 8.8 percent, not even 10 per- be willing to give up some of my trans- the water because I am drinking the cent of the workforce. So how in the

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8157 world can anyone be scared of Davis- there is not the oversight that he the prevailing wage requirements in Bacon and the prevailing wage? talked about earlier tonight and we Davis-Bacon in three counties. Yet Before I put this letter down, let me talked about last week; there is not the FEMA, his administration, has refused mention that Davis-Bacon, we talk oversight of the contractors. We have to reimburse and grant individual as- about prevailing wages. These were two got Halliburton. The same people that sistance reimbursement for people who Republican Members of Congress who have been the contractors in the war, had their homes damaged, looking passed this legislation. Davis and the same process, the same procedure, through their roof at the sky that were Bacon were both Republicans. We all is the same thing that is going on down victims in Florida of Hurricane know that. They did it after World War in the Katrina States. Katrina. II to make sure there was a prevailing So we are taking the workers and we If they are not going to reimburse wage and people would have an oppor- are saying they cannot make the pre- people and they are going to have to tunity to support their families. vailing wage here with 8.8 percent, rebuild themselves or be left out in the Ms. WASSERMAN SCHULTZ. Please even lower in some of the States, and cold and not rebuild at all, then what explain prevailing wage. then we are also not going to have the is the burning need to waive Davis- Mr. MEEK of Florida. I am getting oversight of the contractors. So what Bacon and the prevailing wage require- there. are the contractors going to do? They ments in those counties? I guess only Ms. WASSERMAN SCHULTZ. Sorry. are going to squeeze the worker. They to help contractors, only to ensure Mr. MEEK of Florida. This was dur- are going to take the money without that whatever building is going on is ing rough times in the United States. the oversight. They are going to get ev- going to put as much money in the In Louisiana and most of the parishes, erything that they want. And I do not pocket of a contractor and workers be prevailing wage is $9.60. It changes think that the American taxpayer is dammed because they really do not from county to county, but mainly going to be happy with that. If people matter anyway because it is not an $9.60. Minimum wage is $5 and change, have got problems with this, give us a election year. and is not a wage that anyone can say ring here on the Internet: I mean, the way that we can ensure I am going to rebuild my house making [email protected]. that we prevent this fraud and abuse in minimum wage. But when Federal dol- Send us an e-mail. contracting is stop the sweetheart lars are being spent in contracting, the We are going to continue this discus- deals, stop the monopoly contracts, prevailing wage is supposed to be in sion in the weeks and months to come make sure that we have some bidding place to make sure that the worker, because we are not going to sit by and and responsible bidding so that we the individual that is going to work. let this administration steamroll the know that the contractors that can ac- And I am talking about fact, not fic- workers that want to go back and help tually do the work for a responsible tion. rebuild their own community. amount of money are the ones that get On Sunday I flew with Members of Mr. MEEK of Florida. Do not leave the contract. Congress over Louisiana. I was speak- the Congress out because we have a re- We have a funeral and cemetery com- ing with the Governor of Louisiana, sponsibility too, Mr. Speaker. pany that got a contract, a no-bid con- and she told us she wants her people to Mr. RYAN of Ohio. We have a con- tract, in Louisiana to bury and, I make prevailing wage. She wants to stitutional responsibility to make sure guess, deal with the bodies, and there make sure that Louisianans who want that this institution has proper over- are so many of them; and this is the to participate in the rebuilding of their sight. Article I, section 1, this House same company that was prosecuted for State, that they are not cheated, that right here governs the country, the throwing bodies into the forest of a they are not left behind, that other in- people. And 11 to nine in the com- cemetery in West Palm Beach, Florida. dividuals from other States or other mittee is not going to be sufficient. So Prosecuted. Buried people in the same countries, and I have to add that too, we are going to keep the pressure on, grave, moved bodies from one grave to come in and take these jobs away from and we are going to make sure that another. This is the kind of track these people who are victims. Better this administration adheres to the record this company has, and now they yet, we are going to do wonderful standards that the American people have been given a sole-source contract things in the Gulf States, and this also want, not what the majority wants. in Louisiana. I mean is it not time that is evident in my community, Miami- Ms. WASSERMAN SCHULTZ. Mr. we stop the madness in giveaways that Dade County. Speaker, will the gentleman yield? this administration has been in lock- Mr. Speaker, I think it is important. Mr. MEEK of Florida. I yield to the step involvement in trying to help cor- And the only way the proclamation can gentlewoman from Florida. porations as opposed to real people be overturned that the President Ms. WASSERMAN SCHULTZ. Mr. since the day that they walked into the waives the Davis-Bacon requirement is Speaker, to stay on Davis-Bacon for a White House? through an act of Congress. That second, there was also some irony in means both House and Senate would the President’s waiver because last I mean, our legislation that was in- have to pass an act overriding the year when it was 2004 and we were in troduced by the gentleman from Cali- President or saying that Davis-Bacon advance of a Presidential election, he fornia (Mr. WAXMAN) and the gentle- should be reinstituted. Subsection 6 of took great pains at expressing his deep woman from California (Ms. PELOSI) Davis-Bacon allows the President in affection for Florida and Floridians, today would do several extremely im- time of national emergency to be able talked about how important a State we portant things. One is it would estab- to waive the prevailing wage. were and made many trips to our lish an independent commission to pre- We do not hear any discussion about State. Interestingly enough, he waived vent fraud and abuse. I mean, that is waiving the prevailing wage in Iraq the Davis-Bacon requirements for essential. We have to have some re- contracts or Afghanistan contracts. It Broward, Miami-Dade, and Monroe views of the process. We have to review really benefits the contractor. I can see County in this last go-round with contract awards to ensure that the if it was something there that said if Katrina. Federal Government is complying with we waive Davis-Bacon, then we can Mr. MEEK of Florida. Make sure we the competition requirements that save money. That is what they are say- clarify because I want to make sure there are. I mean, the implication of ing, but that is not actually what will that Members do not get confused. potential payoffs is just rampant with- happen. Contractors will make more Under Katrina he did. But there were out that type of review. money because they do not have to pay how many storms last year during the We have to review whether contract the people who are out there punching Presidential election that came awards are based on merit as opposed in and punching out every day. through Florida? to relationships between awardees and Ms. WASSERMAN SCHULTZ. There Federal Government officials. I do not b 2340 were four storms last year that came know if it is any coincidence, but the Mr. RYAN of Ohio. And, Mr. Speaker, through Florida. Not one of them did Vice President is the former CEO of if the gentleman will continue to yield, he do that. And after Katrina, in a year Halliburton; and I would love to see it is important to understand that that is not an election year, he waives how many contracts Halliburton has

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8158 CONGRESSIONAL RECORD — HOUSE September 20, 2005 gotten. I am sure there is no coinci- I think it is important that we point billion. And the $200 billion, the way dence there. Nothing granted to Halli- this out. the majority would have it, will affect burton based on relationship with the b 2350 every man, woman, and child, individ- administration. Right? Could not pos- uals that are not billionaires. But, bet- sibly be. Now, there is a good, healthy discus- ter yet, the majority is proposing with Review in realtime the spending that sion; and we know that we have indi- a straight face, with a straight face is going on under ongoing Federal con- viduals that are living in large homes that we should bring about cuts for tracts to determine whether it is that are making very little sacrifice as every-day Americans, but protect, pro- wasteful, whether they are actually it relates to the Federal commitment tect those individuals that go and put doing the job that we contracted with to education, to health care, to making their card in the ATM and do not even them to do. In Florida there is a huge sure our men and women have the worry about how much money they get review going on over the private con- equipment that they need over in Iraq out, because they do not have to worry tracting that the government has been and Afghanistan and other foreign about it. involved in because in almost every in- lands, and now we have a natural dis- So I think it is important. I am not stance none of the private contractors aster here in the country. Better yet, here to say, well, you know, we need to are meeting their obligations. They are we have people that are saying here in do X, Y, and Z and every American not meeting their accountability the Congress, not only are we repeating needs to, we need to take the tax cut, standards. Money is going out the door. what the Majority side is saying, oh, no. Some of the tax cuts are good for At the Federal level, we deal in the well, maybe we should ask, or maybe working families. But when you have billions. Billions. People do not have they should ask the wealthy Ameri- billionaires that we cannot even man any concept. It is hard to get our mind cans’ top half percent, what have you, up and woman up and leader up, and we around that much money. If we do not to give back some of what we have are not even willing to go see the wiz- adopt an independent commission and given them. Better yet, it is not car- ard to get some courage, we are saying, start injecting, insisting, on some ac- ried out the same way as it relates to we are going to ask them to give back countability, then it is mindboggling asking a senior citizen who cannot af- some of the money that we have given how much waste we are going to let go ford prescription drugs or asking a them that they did not even ask for. out the door. mayor or a State: the transportation So I think this debate may very well Mr. MEEK of Florida. Mr. Speaker, dollars that we gave you, we want to be healthy, and I hope that the Amer- reclaiming my time, as we look at our take them back, or asking a child that ican people see exactly what is going constitutional responsibility as Mem- is in an overcrowded classroom who on here in Washington, D.C., and I hope bers of Congress, it gives me no pleas- every year, under the threat of losing that some individuals that look at this ure to be a Member of the 109th Con- Title I, reduced lunch, asking them to entire situation say to themselves, gress, the highest deficit in the history make a sacrifice; no, it just happens to hey, I am a Democrat and I disagree of the Republic. I think that there is a them. That is the difference. That is with that, or hey, I am a Republican real reason to have not only debate but the difference. and I disagree with that; or I am an also action as it relates to the deficit. I think the Members need to under- independent and I disagree with that; And when we give irresponsible tax stand, when we start talking about the or I am not even registered to vote, but cuts, we spend like we are in the black differences and say, are there any great I disagree with that, but I am going to versus the red, and we continue to ideas, there are a number of great get involved. Because we need the kind spend. We cannot control ourselves and ideas, and there will be action carried of representation here in Washington, we are spending. out with those great ideas, if we were D.C. that is going to protect the coun- Now, when it comes down to the re- in the majority, to bring about the phi- try, not just a few individuals, that is ality of where we are now, that is the losophy of this Congress, of the major- going to make sure that we do not reason why people have insurance. ity of the Congress to go to the White waive Davis-Bacon and prevailing That is the reason why folks save House. And the real issue, when you wage, to make sure that victims that money. They save in a bank account start looking at responsibility and swam and were clinging on to their for a rainy day. The majority has not start talking about responsibility of roof, in the attic, had to leave some of allowed that to happen here in this this Congress, I think it is important their family members in the attic who Congress. for us to understand, and I keep saying died, behind, for the sake of making On the Democratic side of the aisle, the majority runs this House, and the sure that contractors, of all people, get every time it comes down to the budg- minority, we try to make sure that the their just due out of the contract. et, it is a partisan vote. On our side of American people get what they need. So I think it is important that this is the aisle, the amendment comes down We offer amendments on the Floor very real and we need to make sure to pay-as-you-go. Pay-as-you-go. For many times which are voted down in a that every American understands what every dollar we spend, we have to rep- procedural vote. is going on, and is not just the minor- resent how would we pay for that dol- But it is important as we close here ity side saying, well, they are not lar that we are spending, how would we tonight to let the American people doing this and they are not doing that. reduce the budget at the same time we know that there are amendments and We have ideas. We have proposed those are passing legislation to spend Federal there have been amendments here in ideas, you can go on the website and dollars. That is not anything new. I the House and on the other side of the find those ideas. But, guess what? They mean, this is what happens. Rotunda, and this Congress that has will never surface to legislation unless So the Congress when the Democrats been offered to create an independent we move in a bipartisan way and look were in control, we balanced the budg- commission to make sure that we at this. We do not have the ability, and et. Balanced the budget. Surplus. The never, ever have to go through what we when I say we, the majority of the Con- surplus is getting so small now in the are going through again, not only the gress, the way it is operated, we do not rear-view mirror, we can barely see it. natural disaster issue, but on a govern- have the ability to do it in a bipartisan Not because of our doing, but because ance issue. Now, because of a lack of way on this issue. It is evident. And we of the majority side. governance, a lack of follow-through, a are going to continue to provide that So it gives me no pleasure to be a lack of oversight, $200 billion is on the evidence to the American people. part of this Congress, the highest def- horizon of the Federal tax dollar going Ms. WASSERMAN SCHULTZ. Mr. icit in the history of the Republic, be- to the Gulf States, rightfully so; guess Speaker, as we have the last few min- cause someday I am going to be walk- what? If we were on our j-o-b on the utes here, let us just recap what is not ing around somewhere with a big hat oversight, if the State government was happening that should be happening. on, fishing on a peer somewhere, and on their j-o-b as it relates to the over- The American people clearly have in- someone is going to say, you were part sight, if the levee board down in New dicated that they want an independent of the Congress in the 108th and 109th Orleans and the parishes in the area commission. They want a commission Congress when they just ran the deficit were on their j-o-b, then maybe, just that is going to truly investigate what through the roof. What did you do? So maybe, we would not be spending $200 happened so that it never happens

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8159 again. Instead, they get a partisan extend their remarks and include ex- visions in Requirement of Certificates of committee created in Congress with an traneous material:) Privilege [Docket No. FV05-966-1 FR] re- imbalance of Republicans to Demo- Mrs. MCCARTHY, for 5 minutes, today. ceived September 15, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ag- crats and Congress investigating itself. Mr. DEFAZIO, for 5 minutes, today. riculture. What are they getting? Instead of a bi- Mr. BROWN of Ohio, for 5 minutes, 4008. A letter from the Administrator, Ag- partisan effort to truly rebuild the Gulf today. ricultural Marketing Service, Department of States, they are getting proposals to Ms. WOOLSEY, for 5 minutes, today. Agriculture, transmitting the Department’s cut prescription drugs for senior citi- Mr. PALLONE, for 5 minutes, today. final rule — Irish Potatoes Grown in Wash- zens, transportation projects for people Mr. MEEHAN, for 5 minutes, today. ington; Modification of Pack Requirements that are in dire need of being able to Mr. MCDERMOTT, for 5 minutes, [Docket No. FV05-946-3 IFR] received Sep- use that transportation and unclog the today. tember 15, 2005, pursuant to 5 U.S.C. arteries of America, billions of dollars 801(a)(1)(A); to the Committee on Agri- Mr. DAVIS of Illinois, for 5 minutes, culture. in proposed cuts in higher education, in today. 4009. A letter from the Administrator, Ag- college aid in the budget; only a couple Ms. CARSON, for 5 minutes, today. ricultural Marketing Service, Department of of weeks delay in the reconciliation Mr. CUMMINGS, for 5 minutes, today. Agriculture, transmitting the Department’s process, our budget reconciliation proc- Mr. LEWIS of Georgia, for 5 minutes, final rule — Walnuts Grown in California; ess which is also a round of cuts; a re- today. Suspension of Provision Regarding Eligi- bility of Walnut Marketing Board Members sponse from the Republican leadership Ms. EDDIE BERNICE JOHNSON of Texas, [Docket No. FV05-984-1 IFR] received Sep- here that the answer to their bal- for 5 minutes, today. looning the deficit is to cut into the tember 15, 2005, pursuant to 5 U.S.C. Ms. KILPATRICK of Michigan, for 5 801(a)(1)(A); to the Committee on Agri- hearts of the people that need it the minutes, today. culture. most. Mrs. CHRISTENSEN, for 5 minutes, 4010. A letter from the Principal Deputy Mr. Speaker, at the end of the day, today. Associate Administrator, Environmental what we are proposing is an inde- (The following Members (at the re- Protection Agency, transmitting the Agen- pendent commission. We are proposing quest of Mr. GINGREY) to revise and ex- cy’s final rule — Cyhexatin; Tolerance Ac- a review, a thorough review of the con- tend their remarks and include extra- tions [OPP-2005-0160; FRL-7732-8] received September 14, 2005, pursuant to 5 U.S.C. tracting process to make sure that neous material:) there is some accountability in the 801(a)(1)(A); to the Committee on Agri- Mr. GUTKNECHT, for 5 minutes, Sep- way we spend these dollars. We are pro- culture. tember 23 and 27. 4011. A letter from the Principal Deputy posing housing and economic security Mr. OSBORNE, for 5 minutes, today Associate Administrator, Environmental and education assistance for the and September 21. Protection Agency, transmitting the Agen- Katrina victims that need it the most. Mr. BURTON of Indiana, for 5 minutes, cy’s final rule — Bacillus Thuringiensis And I have to conclude by saying that September 21, 22, and 23. Cry34Ab1 and Cry35Ab1 Proteins and the Ge- we also have proposed passing legisla- netic Material Necessary of Their Produc- Mr. RAMSTAD, for 5 minutes, Sep- tion to ensure that all victims of Hur- tion in Corn; Exemption from the Require- tember 21. ricane Katrina, including those in our ment of a Tolerance [OPP-2005-0211-FRL- Mr. BRADLEY of New Hampshire, for 5 home State of Florida, get reimburse- 7735-4] received September 14, 2005, pursuant minutes, September 21. to 5 U.S.C. 801(a)(1)(A); to the Committee on ment for the damage that they re- Mr. GINGREY, for 5 minutes, today. Agriculture. ceived, because they certainly are not Mrs. MILLER of Michigan, for 5 min- 4012. A letter from the Principal Deputy getting that help right now. utes, today. Associate Administrator, Environmental Mr. MEEK of Florida. Mr. Speaker, I Protection Agency, transmitting the Agen- Mr. BURGESS, for 5 minutes, Sep- agree with the gentlewoman. I want to cy’s final rule — Aminopyridine; Ammonia, thank not only the gentlewoman from tember 22. Chloropicrin, Diazinon, Dihydro-5-heptyl- Florida, but the gentleman from Ohio Mr. STEARNS, for 5 minutes, Sep- 2(3H)-furanone, Dihydro-5-pentyl-2(3H)- tember 21. furanone, and Viclozolin; Tolerance Actions (Mr. RYAN) and the rest of the 30 Some- f [OPP-2005-0209; FRL-7732-5] received Sep- thing Working Group for doing what tember 14, 2005, pursuant to 5 U.S.C. they do. We would also like to thank ENROLLED BILL SIGNED 801(a)(1)(A); to the Committee on Agri- the democratic leadership for allowing Mr. Trandahl, Clerk of the House, re- culture. us to come to the Floor again, Mr. 4013. A letter from the Principal Deputy Speaker, to not only share with the ported and found truly enrolled a bill Associate Administrator, Environmental Members, but the American people, of the House of the following title, Protection Agency, transmitting the Agen- about what is happening here in the which was thereupon signed by the cy’s final rule — National Priorities List for Congress. We passed out our e-mail ad- Speaker: Uncontrolled Hazardous Waste Sites [FRL- H.R. 3649. An act to ensure funding for 7968-3] received September 14, 2005, pursuant dress; again, it is to 5 U.S.C. 801(a)(1)(A); to the Committee on [email protected]. sportfishing and boating safety programs funded out of the Highway Trust Fund Energy and Commerce. f through the end of fiscal year 2005, and for 4014. A letter from the Principal Deputy other purposes. Associate Administrator, Environmental LEAVE OF ABSENCE Protection Agency, transmitting the Agen- By unanimous consent, leave of ab- f cy’s final rule — Approval and Promulgation sence was granted to: ADJOURNMENT of Implementation Plan; Minnesota [R05- Ms. ESHOO (at the request of Ms. OAR-2005-MN-0002; FRL-7969-7] received Sep- Mr. MEEK of Florida. Mr. Speaker, I PELOSI) for today on account of an air- tember 14, 2005, pursuant to 5 U.S.C. plane mechanical problem. move that the House do now adjourn. 801(a)(1)(A); to the Committee on Energy and The motion was agreed to; accord- Commerce. Mr. FORD (at the request of Ms. 4015. A letter from the Principal Deputy PELOSI) for today. ingly (at 11 o’clock and 58 minutes p.m.), the House adjourned until to- Associate Administrator, Environmental Mr. MENENDEZ (at the request of Ms. Protection Agency, transmitting the Agen- PELOSI) for today. morrow, Wednesday, September 21, cy’s final rule — Approval and Promulgation Mr. MANZULLO (at the request of Mr. 2005, at 10 a.m. of Implementation Plans; New York; Revised DELAY) for today on account of in- f Motor Vehicle Emissions Budgets for 1990 specting hurricane damage. and 2007 using MOBILE6 [Region II Docket EXECUTIVE COMMUNICATIONS, No. NY69-280, FRL-7968-1] received Sep- f ETC. tember 14, 2005, pursuant to 5 U.S.C. SPECIAL ORDERS GRANTED Under clause 8 of rule XII, executive 801(a)(1)(A); to the Committee on Energy and By unanimous consent, permission to Commerce. communications were taken from the 4016. A letter from the Principal Deputy address the House, following the legis- Speaker’s table and referred as follows: Associate Administrator, Environmental lative program and any special orders 4007. A letter from the Administrator, Ag- Protection Agency, transmitting the Agen- heretofore entered, was granted to: ricultural Marketing Service, Department of cy’s final rule — Approval and Promulgation (The following Members (at the re- Agriculture, transmitting the Department’s of Implementation Plans; State of Missouri; quest of Mr. MCDERMOTT) to revise and final rule — Tomatoes Grown in Florida; Re- Correction [R07-OAR-2005-MO-0003; FRL-7969-

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8160 CONGRESSIONAL RECORD — HOUSE September 20, 2005 6] received September 14, 2005, pursuant to 5 Protection Agency, transmitting the Agen- mitting the Department’s final rule — Air- U.S.C. 801(a)(1)(A); to the Committee on En- cy’s final rule — Revisions to the Territory worthiness Directives; The New Piper Air- ergy and Commerce. of American Samoa State Implementation craft, Inc. PA-34 Series Airplanes [Docket 4017. A letter from the Principal Deputy Plan, Update to Materials Incorporated by No. FAA-2004-19960; Directorate Identifier Associate Administrator, Environmental Reference [AS123-NBK; FRL-7955-6] received 2004-CE-47-AD; Amendment 39-14153; AD 2005- Protection Agency, transmitting the Agen- September 7, 2005, pursuant to 5 U.S.C. 13-16] (RIN: 2120-AA64] received August 9, cy’s final rule — Approval and Promulgation 801(a)(1)(A); to the Committee on Energy and 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the of Air Quality Implementation Plans; State Commerce. Committee on Transportation and Infra- of Utah; Ogden City Revised Carbon Mon- 4026. A letter from the Principal Deputy structure. oxide Maintenance Plan and Approval of Re- Associate Administrator, Environmental 4035. A letter from the Program Analyst, lated Revisions [R08-OAR-2005-UT-0003; FRL- Protection Agency, transmitting the Agen- FAA, Department of Transportation, trans- 7961-7] received September 14, 2005, pursuant cy’s final rule — Ocean Dumping; LA-3 Ocean mitting the Department’s final rule — Air- to 5 U.S.C. 801(a)(1)(A); to the Committee on Dredged Material Disposal Site Designation worthiness Directives; Air Tractor, Inc. Mod- Energy and Commerce. [FRL-7967-7] received September 7, 2005, pur- els AT-300, AT-301, AT-302, AT-400, AT-400A, 4018. A letter from the Principal Deputy suant to 5 U.S.C. 801(a)(1)(A); to the Com- AT-401, AT-402, AT-602, AT-802, and AT-802A Associate Administrator, Environmental mittee on Energy and Commerce. Airplanes [Docket No. FAA-2004-19837; Direc- Protection Agency, transmitting the Agen- 4027. A letter from the Legal Advisor, torate Identifier 2004-CE-43-AD; Amendment cy’s final rule — Approval and Promulgation WTB, Federal Communications Commission, 39-14149; AD 2005-13-12] received August 9, of Implementation Plans; State of Iowa [R07- transmitting the Commission’s final rule — 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the OAR-2005-IA-0005; FRL-7967-5] received Sep- Implementation of the Commercial Spec- Committee on Transportation and Infra- tember 7, 2005, pursuant to 5 U.S.C. trum Enhancement Act and Modernization structure. 801(a)(1)(A); to the Committee on Energy and of the Commission’s Competitive Bidding 4036. A letter from the Program Analyst, Commerce. Rules and Procedures [WT Docket No. 05-211] FAA, Department of Transportation, trans- 4019. A letter from the Principal Deputy received September 8, 2005, pursuant to 5 mitting the Department’s final rule — Air- Associate Administrator, Environmental U.S.C. 801(a)(1)(A); to the Committee on En- worthiness Directives; Cessna Model 650 Air- Protection Agency, transmitting the Agen- ergy and Commerce. planes [Docket No. 2002-NM-332-AD; Amend- cy’s final rule — Revisions to the California 4028. A letter from the Interim Legal Advi- ment 39-14158; AD 2005-13-21] (RIN: 2120-AA64) State Implementation Plan, San Joaquin sor/Chief, WTB, Federal Communications received August 9, 2005, pursuant to 5 U.S.C. Valley Unified Air Pollution Control District Commission, transmitting the Commission’s 801(a)(1)(A); to the Committee on Transpor- [CA-319-0488a; FRL-7966-4] received Sep- final rule — Biennial Regulatory Review — tation and Infrastructure. tember 7, 2005, pursuant to 5 U.S.C. Amendment of Parts 1, 22, 24, 27, and 90 to 4037. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Energy and Streamline and Harmonize Various Rules Af- FAA, Department of Transportation, trans- Commerce. fecting Wireless Radio Services, [WT Docket mitting the Department’s final rule — Air- 4020. A letter from the Principal Deputy No. 03-264] received September 8, 2005, pursu- worthiness Directives; Boeing Model 747-400, Associate Administrator, Environmental ant to 5 U.S.C. 801(a)(1)(A); to the Committee -400D, -400F; 767-200, -300, -300F; and 777-200 Protection Agency, transmitting the Agen- on Energy and Commerce. and -300 Series Airplanes [Docket No. FAA- cy’s final rule — Approval and Promulgation 4029. A letter from the Legal Advisor to the 2004-18784; Directorate Identifier 2004-NM-59- of State Air Quality Plans for Designated Bureau Chief, Media Bureau, Federal Com- AD; Amendment 39-14157; AD 2005-13-20] (RIN: Facilities and Pollutants; Maryland; Control munications Commission, transmitting the 2120-AA64) received August 9, 2005, pursuant of Emissions from Commercial and Indus- Commission’s final rule — Amendment of to 5 U.S.C. 801(a)(1)(A); to the Committee on trial Solid Waste Incineration (CISWI) Units Section 73.202(b), FM Table of Allotments, Transportation and Infrastructure. [R03-OAR-2005-MD-0008; FRL-7966-7] received FM Broadcast Stations. (Hawley and 4038. A letter from the Program Analyst, September 7, 2005, pursuant to 5 U.S.C. Munday, Texas) [MB Docket No. 04-408; RM- FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Energy and 11107] received September 8, 2005, pursuant to mitting the Department’s final rule — Air- Commerce. 5 U.S.C. 801(a)(1)(A); to the Committee on worthiness Directives; Airbus Model A319, 4021. A letter from the Principal Deputy Energy and Commerce. A320, and A321 Series Airplanes [Docket No. Associate Administrator, Environmental 4030. A letter from the Special Advisor to FAA-2005-20166; Directorate Identifier 2004- Protection Agency, transmitting the Agen- the Bureau Chief, MB, Federal Communica- NM-175-AD; Amendment 39-14135; AD 2005-12- cy’s final rule — Revisions to the California tions Commission, transmitting the Com- 19] (RIN: 2120-AA64) received August 9, 2005, State Implementation Plan and Revision to mission’s final rule — Amendment of Section pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Definition of Volatile Organic Com- 73.202(b), Table of Allotments, FM Broadcast mittee on Transportation and Infrastruc- pounds (VOC) — Removal of VOC Exemp- Stations. (Charlotte and Grand Ledge, Michi- ture. tions for Califonia’s Aerosol Coating Prod- gan) [MB Docket No. 03-222; RM-10812] re- 4039. A letter from the Program Analyst, ucts Reactivity-based Regulation [OAR-2003- ceived September 8, 2005, pursuant to 5 FAA, Department of Transportation, trans- 0200; FRL-7966-2] received September 7, 2005, U.S.C. 801(a)(1)(A); to the Committee on En- mitting the Department’s final rule — Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ergy and Commerce. worthiness Directives; McDonnell Douglas mittee on Energy and Commerce. 4031. A letter from the Deputy Bureau Model MD-90-30 Airplanes [Docket No. FAA- 4022. A letter from the Principal Deputy Chief, CGB, Federal Communications Com- 2004-19867; Directorate Identifier 2004-NM-58- Associate Administrator, Environmental mission, transmitting the Commission’s AD; Amendment 39-14151; AD 2005-13-14] (RIN: Protection Agency, transmitting the Agen- final rule — Telecommunications Relay 2120-AA64) received August 9, 2005, pursuant cy’s final rule — Approval and Promulgation Services and Speech-to-Speech Services for to 5 U.S.C. 801(a)(1)(A); to the Committee on of Implementation Plans; Onondaga County Individuals with Hearing and Speech Disabil- Transportation and Infrastructure. Carbon Monoxide Maintenance Plan Revi- ities [CG Docket No. 03-123; CG Docket No. 4040. A letter from the Program Analyst, sion; State of New York [Region II Docket 98-67] received September 8, 2005, pursuant to FAA, Department of Transportation, trans- No. R02-OAR-2005-NY-0002; FRL-7959-1] re- 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule — Air- ceived September 7, 2005, pursuant to 5 Energy and Commerce. worthiness Directives; Boeing Model 737-200, U.S.C. 801(a)(1)(A); to the Committee on En- 4032. A letter from the Deputy Bureau -200C, -300, -400, -500, -600, -700, -700C, -800, and ergy and Commerce. Chief, CGB, Federal Communications Com- -900 Series Airplanes [Docket No. FAA-2004- 4023. A letter from the Principal Deputy mission, transmitting the Commission’s 19567; Directorate Identifier 2004-NM-118-AD; Associate Administrator, Environmental final rule — Telecommunications Relay Amendment 39-14152; AD 2005-13-15] (RIN: Protection Agency, transmitting the Agen- Services and Speech-to-Speech Services for 2120-AA64) received August 9, 2005, pursuant cy’s final rule — Cyfluthrin; Pesticide Toler- Individuals with Hearing and Speech Disabil- to 5 U.S.C. 801(a)(1)(A); to the Committee on ance [OPP-2005-0205; FRL-7725-7] received ities [CG Docket No. 98-67; CG Docket No. 03- Transportation and Infrastructure. September 7, 2005, pursuant to 5 U.S.C. 123] received September 8, 2005, pursuant to 5 4041. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Energy and U.S.C. 801(a)(1)(A); to the Committee on En- FAA, Department of Transportation, trans- Commerce. ergy and Commerce. mitting the Department’s final rule — Air- 4024. A letter from the Principal Deputy 4033. A letter from the Deputy Bureau worthiness Directives; AvCraft Dornier Associate Administrator, Environmental Chief, CGB, Federal Communications Com- Model 328-100 Airplanes [Docket No. FAA- Protection Agency, transmitting the Agen- mission, transmitting the Commission’s 2005-21053; Directorate Identifier 2005-NM-053- cy’s final rule — Interim Final Determina- final rule — Telecommunications Relay AD; Amendment 39-14161; AD 2005-13-24] (RIN: tion to Stay and/or Defer Sanctions, San Services and Speech-to-Speech Services for 2120-AA64) received August 9, 2005, pursuant Joaquin Valley Unified Air Pollution Control Individuals with Hearing and Speech Disabil- to 5 U.S.C. 801(a)(1)(A); to the Committee on District [CA-319-0488c; FRL-7966-5] received ities [CC Docket No. 98-67; CG Docket No. 03- Transportation and Infrastructure. September 7, 2005, pursuant to 5 U.S.C. 123] received September 8, 2005, pursuant to 5 4042. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Energy and U.S.C. 801(a)(1)(A); to the Committee on En- FAA, Department of Transportation, trans- Commerce. ergy and Commerce. mitting the Department’s final rule — Air- 4025. A letter from the Principal Deputy 4034. A letter from the Program Analyst, worthiness Directives; Hartzell Propeller, Associate Administrator, Environmental FAA, Department of Transportation, trans- Inc. McCauley Propeller Systems, and

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE September 20, 2005 CONGRESSIONAL RECORD — HOUSE H8161 Sensenich Propeller Manufacturing Com- Trent 772B-60 Turbofan Engines [Docket No. PUBLIC BILLS AND RESOLUTIONS pany, Inc. Propellers [Docket No. 2003-NE-53- FAA-2005-21730; Directorate Identifier 2005- Under clause 2 of rule XII, public AD; Amendment 39-14188; AD 2005-14-11] (RIN: NE-18-AD; Amendment 39-14186; AD 2005-14- 2120-AA64) received August 9, 2005, pursuant 09] (RIN: 2120-AA64) received August 9, 2005, bills and resolutions were introduced to 5 U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and severally referred, as follows: Transportation and Infrastructure. mittee on Transportation and Infrastruc- By Mr. MELANCON (for himself and 4043. A letter from the Program Analyst, ture. Mr. GORDON): FAA, Department of Transportation, trans- 4050. A letter from the Program Analyst, H.R. 3826. A bill to provide for the estab- mitting the Department’s final rule — Air- FAA, Department of Transportation, trans- lishment of a Katrina Assistance Program worthiness Directives; McDonnell Douglas mitting the Department’s final rule — Air- through the Manufacturing Extension Part- Model DC-10-10 and DC-10-10F Airplanes; worthiness Directives; Airbus Model A300 B2- nership program, and for other purposes; to Model DC-10-15 Airplanes; Model DC-10-30 203 and B4-203 Airplanes; Model A310-200 and the Committee on Science. and DC-10-30F (KC-10A and KDC-10) Air- -300 Series Airplanes; and Model A300-B4-600, By Mr. SENSENBRENNER (for him- planes; and Model DC-10-40 and DC-10-40F B4-600R, and F4-600R Series Airplanes, and self, Mr. CONYERS, Ms. JACKSON-LEE Airplanes [Docket No. FAA-2004-18670; Direc- Model A300 C4-605R Variant F Airplanes (Col- of Texas, and Mr. HOSTETTLER): torate Identifier 2002-NM-83-AD; Amendment lectively Called A300-600 Series Airplanes) H.R. 3827. A bill to preserve certain immi- 39-14187; AD 2005-14-10] (RIN: 2120-AA64) re- [Docket No. FAA-2005-20474; Directorate gration benefits for victims of Hurricane ceived August 9, 2005, pursuant to 5 U.S.C. Identifier 2004-NM-221-AD; Amendment 39- Katrina, and for other purposes; to the Com- 801(a)(1)(A); to the Committee on Transpor- 14178; AD 2005-14-01] (RIN: 2120-AA64) received mittee on the Judiciary. tation and Infrastructure. August 9, 2005, pursuant to 5 U.S.C. By Mr. CHABOT: H.R. 3828. A bill to amend the Internal Rev- 4044. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- enue Code of 1986 to allow individuals a cred- FAA, Department of Transportation, trans- tation and Infrastructure. mitting the Department’s final rule — Air- it against income tax of at least $500 to off- 4051. A letter from the Program Analyst, set the cost of high 2005 gasoline and diesel worthiness Directives; Boeing Model 707- FAA, Department of Transportation, trans- 300B, -300C, and -400 Series Airplanes [Docket fuel prices; to the Committee on Ways and mitting the Department’s final rule — Air- Means. No. FAA-2005-20725; Directorate Identifier worthiness Directives; Empresa Brasileira de 2003-NM-250-AD; Amendment 39-14183; AD By Mr. BOREN: Aeronautica S.A. (EMBRAER) Model EMB- H.R. 3829. A bill to designate the Depart- 2005-14-06] (RIN: 2120-AA64) received August 145 and EMB-135 Series Airplanes [Docket ment of Veterans Affairs Medical Center in 9, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to No. 2004-NM-37-AD; Amendment 39-14180; AD Muskogee, Oklahoma, as the Jack C. Mont- the Committee on Transportation and Infra- 2005-14-03] (RIN: 2120-AA64) received August gomery Department of Veterans Affairs Med- structure. 9, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to ical Center; to the Committee on Veterans’ 4045. A letter from the Program Analyst, the Committee on Transportation and Infra- Affairs. FAA, Department of Transportation, trans- structure. By Mr. FOLEY (for himself, Mr. mitting the Department’s final rule — Air- 4052. A letter from the Assistant Adminis- HASTINGS of Florida, Mr. MACK, Mr. worthiness Directives; Boeing Model 777-200 trator for Procurement, National Aero- BOYD, Ms. GINNY BROWN-WAITE of and -300 Series Airplanes [Docket No. FAA- nautics and Space Administration, transmit- Florida, Mr. DAVIS of Florida, Mr. 2004-19795; Directorate Identifier 2004-NM-196- ting the Administration’s final rule — Pack- BILIRAKIS, Mr. MEEK of Florida, Mr. AD; Amendment 39-14181; AD 2005-14-04] (RIN: aging, Handling, and Transportation (RIN: MILLER of Florida, Ms. HARRIS, Mr. 2120-AA64) received August 9, 2005, pursuant 2700-AD16] received September 8, 2005, pursu- WELDON of Florida, Ms. CORRINE to 5 U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee BROWN of Florida, Ms. ROS-LEHTINEN, Transportation and Infrastructure. on Science. 4046. A letter from the Program Analyst, Mr. PUTNAM, Mr. WEXLER, Mr. MARIO 4053. A letter from the Assistant Adminis- FAA, Department of Transportation, trans- DIAZ-BALART of Florida, Ms. trator for Procurement, National Aero- mitting the Department’s final rule — Air- WASSERMAN SCHULTZ, Mr. FEENEY, nautics and Space Administration, transmit- worthiness Directives; Empresa Brasileira de Mr. SHAW, Mr. MICA, Mr. CRENSHAW, ting the Administration’s final rule — Head Aeronautica S.A. (EMBRAER) Model EMB- Mr. LINCOLN DIAZ-BALART of Florida, of Contracting Activity (HCA) Change for 135 and Model EMB-145, -145ER, -145MR, Mr. YOUNG of Florida, Mr. KELLER, NASA Shared Services Center (NSSC) — re- -145LR, -145XR, -145MP, and -145EP Airplanes and Mr. STEARNS): ceived September 8, 2005, pursuant to 5 H.R. 3830. A bill to designate the facility of [Docket No. FAA-2005-20733; Directorate U.S.C. 801(a)(1)(A); to the Committee on the United States Postal Service located at Identifier 2005-NM-004-AD; Amendment 39- Science. 130 East Marion Avenue in Punta Gorda, 14179; AD 2005-14-02] (RIN: 2120-AA64) received 4054. A letter from the Assistant Adminis- Florida, as the ‘‘U.S. Cleveland Post Office August 9, 2005, pursuant to 5 U.S.C. trator for Procurement, National Aero- Building’’; to the Committee on Government 801(a)(1)(A); to the Committee on Transpor- nautics and Space Administration, transmit- Reform. tation and Infrastructure. ting the Administration’s final rule — NASA By Mr. GERLACH: 4047. A letter from the Program Analyst, Grant and Cooperative Agreement Handbook H.R. 3831. A bill to amend the Internal Rev- FAA, Department of Transportation, trans- — Intellectual Property Required Reports enue Code of 1986 to include certain safe har- mitting the Department’s final rule — Air- and Publications (RIN: 2700-AD14) received bor deferred compensation plans for domes- worthiness Directives; Boeing Model 747 Air- August 23, 2005, pursuant to 5 U.S.C. tic and similar workers in the waiver of the planes [Docket No. FAA-2005-20243; Direc- 801(a)(1)(A); to the Committee on Science. tax on nondeductible contributions; to the torate Identifier 2004-NM-153-AD; Amend- Committee on Ways and Means. ment 39-14185; AD 2005-14-08] (RIN: 2120-AA64) f By Mrs. LOWEY (for herself, Mrs. received August 9, 2005, pursuant to 5 U.S.C. CHRISTENSEN, Mr. CROWLEY, Mr. 801(a)(1)(A); to the Committee on Transpor- REPORTS OF COMMITTEES ON ETHERIDGE, Ms. JACKSON-LEE of tation and Infrastructure. Texas, Mr. MARKEY, Mr. NADLER, Mr. 4048. A letter from the Program Analyst, PUBLIC BILLS AND RESOLUTIONS SERRANO, Mr. CLEAVER, Mr. FAA, Department of Transportation, trans- Under clause 2 of rule XIII, reports of DELAHUNT, Mr. GRIJALVA, Mr. JEF- mitting the Department’s final rule — Air- committees were delivered to the Clerk FERSON, Mr. MENENDEZ, Mr. OWENS, worthiness Directives; Rockwell Inter- for printing and reference to the proper and Ms. WASSERMAN SCHULTZ): national (Aircraft Specification No. A-2-575 calendar, as follows: H.R. 3832. A bill to amend the Internal Rev- Previously Held by North American and Re- enue Code of 1986 to reward those Americans cently Purchased by Boeing) Models AT-6 Mr. TOM DAVIS of Virginia: Committee on who provide volunteer services in times of (SNJ-2), AT-6A (SNJ-3), AT-6B, AT-6C (SNJ- Government Reform. A Citizen’s Guide on national need; to the Committee on Ways 4), AT-6D (SNJ-5), AT-6F (SNJ-6), BC-1A, Using the Freedom of Information Act and and Means. SNJ-7, and T-6G Airplanes; and Autair Ltd. the Privacy Act of 1974 to Request Govern- By Mr. MICA: (Aircraft Specification No. AR-11 Previously ment Records (Rept. 109–226). Referred to the H.R. 3833. A bill to amend title 18, United Held by Noorduyn Aviation Ltd.) Model Har- Committee of the Whole House on the State States Code, to provide penalties for violent vard (Army AT-16) Airplanes [Docket No. of the Union and ordered to be printed. crimes against members of the National FAA-2005-21463; Directorate Identifier 2005- Mr. GINGREY: Committee on Rules. House Guard during Presidentially declared emer- CE-30-AD; Amendment 39-14144; AD 2005-12- Resolution 451. Resolution providing for con- gencies; to the Committee on the Judiciary. 51] (RIN: 2120-AA64) Received August 9, 2005, sideration of the bill (H.R. 250) to establish By Mr. PALLONE: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- an interagency committee to coordinate fed- H.R. 3834. A bill to repeal the authority of mittee on Transportation and Infrastruc- eral manufacturing research and develop- the President to suspend the prevailing wage ture. ment efforts in manufacturing, strengthen requirements of the Davis-Bacon Act during 4049. A letter from the Program Analyst, existing programs to assist manufacturing times of national emergency and to reinstate FAA, Department of Transportation, trans- innovation and education, and expand out- the application of such requirements to Fed- mitting the Department’s final rule — Air- reach programs for small and medium-sized eral contracts in areas affected by Hurricane worthiness Directives; Rolls-Royce plc Mod- manufacturers, and for other purposes (Rept. Katrina; to the Committee on Education and els RB211 Trent 768-60, Trent 772-60, and 109–227). Referred to the House Calendar. the Workforce.

VerDate Aug 31 2005 07:18 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20SE5.REC H20SE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H8162 CONGRESSIONAL RECORD — HOUSE September 20, 2005 By Mr. SAXTON (for himself, Mr. fense Base Closure and Realignment Com- which was referred to the Committee on the MCINTYRE, Mr. FARR, Mr. ABER- mission; to the Committee on Armed Serv- Judiciary. CROMBIE, Mr. SIMMONS, Mr. WICKER, ices. f Mr. YOUNG of Alaska, and Mr. By Mr. LAHOOD: FOLEY): H.J. Res. 65. A joint resolution dis- ADDITIONAL SPONSORS H.R. 3835. A bill to establish a coordinated approving the recommendations of the De- national ocean exploration program within fense Base Closure and Realignment Com- Under clause 7 of rule XII, sponsors the National Oceanic and Atmospheric Ad- mission; to the Committee on Armed Serv- were added to public bills and resolu- ministration; to the Committee on Science, ices. tions as follows: and in addition to the Committee on Re- By Mr. DAVIS of Illinois (for himself, H.R. 23: Mrs. TAUSCHER, Mr. MARCHANT, sources, for a period to be subsequently de- Mr. MEEK of Florida, Ms. NORTON, and Mr. BOEHLERT. termined by the Speaker, in each case for Mr. BUTTERFIELD, Ms. CARSON, Mr. H.R. 220: Mr. WAMP. consideration of such provisions as fall with- CUMMINGS, Mr. LEWIS of Georgia, Ms. in the jurisdiction of the committee con- H.R. 303: Mr. RAHALL. EDDIE BERNICE JOHNSON of Texas, Ms. H.R. 503: Mr. CHABOT and Ms. MATSUI. cerned. KILPATRICK of Michigan, and Mrs. By Mr. SHADEGG (for himself, Mr. H.R. 583: Mrs. JONES of Ohio and Mrs. CHRISTENSEN): TAUSCHER. BARRETT of South Carolina, Mr. H. Con. Res. 246. Concurrent resolution H.R. 657: Mr. UPTON, Mr. GERLACH, Mr. BISHOP of Utah, Mrs. BLACKBURN, Mr. paying tribute to John Harold Johnson in FRELINGHUYSEN, Mr. BASS, Mr. SCHWARZ of BROWN of South Carolina, Mr. CAN- recognition of his many achievements and Michigan, Mr. PLATTS, Mr. PETRI, Mr. KUHL TOR, Mr. CHABOT, Mr. CHOCOLA, Mr. contributions; to the Committee on Govern- of New York, Mr. EHLERS, Mr. LEACH, Mr. DOOLITTLE, Mr. FEENEY, Mr. FLAKE, ment Reform. DENT, Mr. SHAYS, Mr. KIRK, Mr. BOEHLERT, Ms. FOXX, Mr. FRANKS of Arizona, By Mr. LEWIS of Georgia (for himself, Mrs. KELLY, Mrs. JOHNSON of Connecticut, Mr. GARRETT of New Jersey, Mr. Mr. CONYERS, Mr. DOGGETT, Mr. NEAL Mr. BRADLEY of New Hampshire, Mr. GINGREY, Mr. GOHMERT, Mr. GOODE, of Massachusetts, Mr. GRIJALVA, Mr. HINOJOSA, Mr. CROWLEY, Ms. WASSERMAN Ms. HART, Mr. HENSARLING, Mr. FILNER, Mr. SERRANO, Mr. KUCINICH, SCHULTZ, Mr. SHERMAN, Ms. SCHAKOWSKY, ISTOOK, Mr. SAM JOHNSON of Texas, Mr. HOYER, Mr. MCDERMOTT, Mr. Mr. HOLDEN, Mr. GILLMOR, Mr. GUTIERREZ, Mr. KENNEDY of Minnesota, Mr. KIRK, EMANUEL, Mr. BROWN of Ohio, Mr. and Ms. MATSUI. Mr. MCHENRY, Mrs. MUSGRAVE, Mr. GENE GREEN of Texas, Mr. MCGOV- H.R. 689: Mr. MARCHANT. PENCE, Mr. PITTS, Mr. SENSEN- ERN, Mr. STARK, Mr. FATTAH, Mr. H.R. 745: Mr. GARRETT of New Jersey. BRENNER, Mr. SULLIVAN, Mr. WAMP, PAYNE, Mr. HINCHEY, Mr. HONDA, and H.R. 764: Mr. HAYWORTH. Mr. WESTMORELAND, Mr. WICKER, and Ms. SCHAKOWSKY): H.R. 783: Mr. TERRY. Mr. WILSON of South Carolina): H. Con. Res. 247. Concurrent resolution ex- H.R. 788: Mr. MARSHALL. H.R. 3836. A bill to expedite the construc- pressing the sense of Congress that a require- H.R. 813: Mr. JEFFERSON. tion of new refining capacity in the United ment that United States citizens obtain States; to the Committee on Energy and H.R. 818: Mr. PAUL and Mr. BARTLETT of photo identification cards before being able Maryland. Commerce, and in addition to the Commit- to vote has not been shown to ensure ballot tees on Resources, and Transportation and H.R. 839: Mrs. DAVIS of California. integrity and places an undue burden on the Infrastructure, for a period to be subse- H.R. 859: Mr. DENT. legitimate voting rights of citizens; to the quently determined by the Speaker, in each H.R. 896: Mr. HINCHEY and Mr. MELANCON. Committee on the Judiciary. case for consideration of such provisions as H.R. 910: Mr. FORD, Mr. PETERSON of Min- By Mr. WAXMAN (for himself, Mr. fall within the jurisdiction of the committee nesota, Mr. BOEHLERT, Ms. SLAUGHTER, Mr. LANTOS, Ms. SCHAKOWSKY, Mr. concerned. MORAN of Kansas, and Mr. GUTIERREZ. CARDIN, Mr. CROWLEY, Mr. VAN By Ms. SLAUGHTER (for herself, Mr. H.R. 920: Mr. MCCAUL of Texas, Mr. MENEN- HOLLEN, and Ms. JACKSON-LEE of ABERCROMBIE, Mrs. CAPITO, Mrs. DEZ, and Mr. MICHAUD. Texas): CAPPS, Mr. CROWLEY, Mr. FILNER, Mr. H.R. 923: Mr. WILSON of South Carolina and H. Con. Res. 248. Concurrent resolution GRIJALVA, Ms. HART, Ms. KILPATRICK Mr. MCCOTTER. honoring the life and work of Simon of Michigan, Mr. LEWIS of Georgia, H.R. 939: Ms. BERKLEY. Wiesenthal and reaffirming the commitment Mrs. MALONEY, Mr. MCDERMOTT, Mr. H.R. 947: Mr. ADERHOLT. of Congress to the fight against anti-Semi- OWENS, Ms. SCHAKOWSKY, Ms. SOLIS, H.R. 968: Ms. BEAN. tism and intolerance in all forms, in all fo- and Mr. WEXLER): H.R. 986: Mr. CALVERT. rums, and in all nations; to the Committee H.R. 3837. A bill to ensure that the con- H.R. 995: Mr. ANDREWS. on International Relations. fidential communications of a member of the H.R. 997: Mr. SHIMKUS and Mr. CHOCOLA. By Mr. DINGELL (for himself, Mr. Armed Forces with a victim service organi- H.R. 998: Mr. FORD and Mrs. MILLER of REYES, Mr. MEEHAN, Mr. MORAN of zation or a health care professional are not Michigan. Virginia, Mr. HINCHEY, Mr. JEFFER- disclosed, and for other purposes; to the H.R. 1000: Mr. ALLEN. SON, Mr. MEEK of Florida, Ms. MAT- Committee on Armed Services. H.R. 1002: Mr. ISRAEL, Mr. RAHALL, and Mr. SUI, Ms. HARMAN, Mr. KILDEE, Mr. By Mr. WAXMAN (for himself, Ms. CROWLEY. ENGEL, Ms. WASSERMAN SCHULTZ, Mr. PELOSI, Mr. HOYER, Mr. OBEY, Mr. H.R. 1020: Mr. NEAL of Massachusetts and MCDERMOTT, Mr. SAXTON, Mr. KING of THOMPSON of Mississippi, Mr. DIN- Mr. CARDIN. New York, Mr. HOEKSTRA, Mr. DAVIS GELL, Mr. CONYERS, Mr. RANGEL, Mr. H.R. 1043: Mr. HINCHEY, Mr. GENE GREEN of of Illinois, Ms. BEAN, Mrs. MCCARTHY, FRANK of Massachusetts, Mr. LANTOS, Texas, and Mr. SHIMKUS. Mr. UPTON, Mr. STARK, Mr. ORTIZ, Ms. SLAUGHTER, Ms. DELAURO, Mr. H.R. 1157: Mr. LEWIS of Georgia. Mr. WALSH, Ms. SCHAKOWSKY, Mr. EMANUEL, Mrs. MALONEY, Mr. OWENS, H.R. 1183: Mr. BURGESS. WAXMAN, Mr. YOUNG of Florida, Ms. Mr. CUMMINGS, Ms. NORTON, Ms. WAT- H.R. 1258: Mr. STUPAK. SON, and Mr. LYNCH): DEGETTE, and Mr. OBEY): H. Res. 452. A resolution recognizing the H.R. 1262: Mr. BARTLETT of Maryland. H.R. 3838. A bill to establish the Inde- COTT of Virginia. 75th anniversary of the American Academy H.R. 1297: Mr. S pendent Commission to Prevent Fraud and H.R. 1313: Mrs. CAPITO. Abuse in the Response to Hurricane Katrina, of Pediatrics and supporting the mission and H.R. 1356: Mr. FORD. and for other purposes; to the Committee on goals of the organization; to the Committee H.R. 1366: Mr. GOODE. Government Reform, and in addition to the on Energy and Commerce. H.R. 1371: Mr. PAUL. Committees on Transportation and Infra- By Mr. MCCOTTER (for himself, Mr. H.R. 1382: Mr. WESTMORELAND and Mr. structure, Energy and Commerce, and Armed NORWOOD, Mr. DAVIS of Tennessee, GUTKNECHT. Services, for a period to be subsequently de- Mr. FORD, Mrs. CAPITO, Mrs. SCHMIDT, H.R. 1402: Ms. DEGETTE, Mr. Ross, and Ms. termined by the Speaker, in each case for Mr. SAM JOHNSON of Texas, Mr. BAR- BORDALLO. consideration of such provisions as fall with- RETT of South Carolina, Mr. PEARCE, H.R. 1417: Mr. REYNOLDS. in the jurisdiction of the committee con- Mr. FERGUSON, and Mr. SHUSTER): cerned. H. Res. 453. A resolution expressing the H.R. 1431: Mr. PASCRELL. By Mr. YOUNG of Alaska: sense of the House of Representatives with H.R. 1491: Ms. MILLENDER-MCDONALD. H.R. 3839. A bill to amend the Marine respect to a court decision relating to the H.R. 1561: Mr. SIMPSON, Mr. GILLMOR, Mr. Mammal Protection Act of 1972 to repeal the Pledge of Allegiance; to the Committee on KING of Iowa, Mr. ALLEN, and Mr. PRICE of long-term goal for reducing to zero the inci- the Judiciary. North Carolina. dental mortality and serious injury of ma- H.R. 1574: Mr. LIPINSKI. f rine mammals in commercial fishing oper- H.R. 1578: Mrs. JONES of Ohio and Ms. ations, and to modify the goal of take reduc- PRIVATE BILLS AND MATSUI. tion plans for reducing such takings; to the RESOLUTIONS H.R. 1607: Mr. HULSHOF. Committee on Resources. H.R. 1615: Mrs. MALONEY, Mr. BERMAN, Mr. By Mr. FORD: Under clause 3 of rule XII, WEINER, Mr. MICHAUD, and Mrs. CAPPS. H.J. Res. 64. A joint resolution dis- Mr. DAVIS of Illinois introduced a bill H.R. 1651: Mr. GILLMOR. approving the recommendations of the De- (H.R. 3840) for the relief of David Adekoya; H.R. 1668: Mr. CLAY and Mr. WEINER.

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H.R. 1709: Mr. LEWIS of Georgia, Ms. LEWIS of Georgia, Mrs. JONES of Ohio, and H.R. 3787: Mr. FRANK of Massachusetts. MILLENDER-MCDONALD, Mr. ROTHMAN, Mr. Mrs. MCCARTHY. H.R. 3792: Mr. FORD and Mr. OWENS. EVANS, Mr. BAIRD, and Ms. VELA´ ZQUEZ. H.R. 3352: Mr. WHITFIELD. H.R. 3796: Mr. PRICE of North Carolina, Mr. H.R. 1736: Mr. MCCOTTER. H.R. 3360: Mr. HULSHOF. SHAYS, Mrs. DAVIS of California, Mr. H.R. 1738: Ms. VELA´ ZQUEZ. H.R. 3361: Mr. LEVIN. OSBORNE, and Mr. HIGGINS. H.R. 1792: Mr. WALDEN of Oregon. H.R. 3373: Mr. VAN HOLLEN, Mrs. KELLY, H.R. 3800: Ms. WASSERMAN SCHULTZ, Mr. H.R. 1849: Mr. WU and Mr. GORDON. Mr. SOUDER, Mr. ENGLISH of Pennsylvania, CONYERS, and Mr. GRIJALVA. H.R. 1951: Mr. SHAW. Mr. SHIMKUS, Mr. LATHAM, Mr. ADERHOLT, H.R. 3809: Mr. EVANS and Mr. SKELTON. H.R. 1953: Mrs. KELLY and Mr. SESSIONS. Mr. OLVER, Mr. DOYLE, Ms. MILLENDER- H.R. 3824: Mr. CANNON. H.R. 1973: Mr. PRICE of North Carolina and MCDONALD, and Mrs. MALONEY. H.J. Res. 12: Mr. SHERMAN. Mr. BERMAN. H.R. 3379: Ms. JACKSON-LEE of Texas and H.J. Res. 38: Mr. ABERCROMBIE, Mr. FILNER, H.R. 2037: Mr. BACA and Mr. FILNER. Ms. DELAURO. Mr. MCGOVERN, and Mr. MARKEY. H.R. 2048: Mrs. MYRICK, Mr. FITZPATRICK of H.R. 3380: Ms. DELAURO, Mr. KENNEDY of H.J. Res. 61: Mrs. CHRISTENSEN, Mr. Pennsylvania, Ms. ESHOO, Mr. DEFAZIO, Mr. Rhode Island, and Ms. ZOE LOFGREN of Cali- LOBIONDO, Mr. HONDA, Mr. KUCINICH, Mr. PETERSON of Pennsylvania, Mr. BILIRAKIS, fornia. PALLONE, Mrs. NAPOLITANO, Ms. DELAURO, Mr. RUSH, Mr. HASTINGS of Florida, and Mr. H.R. 3402: Ms. WATERS. Mr. VAN HOLLEN, Mr. CHANDLER, Mr. ROTH- STRICKLAND. H.R. 3405: Mr. CLAY, Mr. EDWARDS, Mrs. MAN, Mr. SMITH of New Jersey, Mr. UDALL of H.R. 2061: Mr. CRENSHAW, Mr. WELDON of MYRICK, Mr. EVERETT, Mr. LEWIS of Cali- New Mexico, Mr. GARRETT of New Jersey, Florida, and Mr. BARTLETT of Maryland. fornia, and Mr. PUTNAM. Mr. COOPER, Mr. PRICE of North Carolina, H.R. 2070: Mr. TIERNEY. H.R. 3420: Mr. CLEAVER and Mr. STARK. Mr. JOHNSON of Illinois, Mrs. JONES of Ohio, H.R. 2106: Mr. CROWLEY. H.R. 3436: Mr. KING of Iowa. Mr. CANNON, Mr. FORTUN˜ O, Mr. MCHUGH, Mr. H.R. 2229: Ms. HARRIS. H.R. 3438: Mr. WYNN. GIBBONS, Mr. FRANKs of Arizona, Mr. SHAW, H.R. 2234: Mr. JEFFERSON, Ms. LORETTA H.R. 3478: Mr. MCGOVERN, Mr. GARRETT of Mr. BILIRAKIS, Mr. GUTIERREZ, Miss SANCHEZ of California, and Mr. DELAHUNT. New Jersey, and Mr. HUNTER. MCMORRIS, Mr. MURPHY, Mr. SHUSTER, Mrs. H.R. 2238: Mr. FITZPATRICK of Pennsyl- H.R. 3492: Mr. BLUMENAUER, Mr. GRIJALVA, DRAKE, Mr. POMEROY, Mr. SCHIFF, Mr. vania. Mr. GEORGE MILLER of California, and Mr. MCKEON, Mr. MARCHANT, Mr. WELDON of H.R. 2317: Mr. CLAY and Mr. DICKS. CUMMINGS. Pennsylvania, Mr. SNYDER, Mr. BOEHLERT, H.R. 2328: Mr. OWENS. H.R. 3502: Mr. JEFFERSON. Mr. FRANK of Massachusetts, Ms. MATSUI, H.R. 2369: Mr. JENKINS. H.R. 3505: Mr. HINOJOSA, Mr. ROSS, Mr. Mr. UDALL of Colorado, Mr. RYAN of Ohio, H.R. 2389: Mr. KING of New York. ROTHMAN, Mr. CROWLEY, Ms. WASSERMAN Mr. LARSEN of Washington, Mr. MEEHAN, Ms. H.R. 2412: Ms. BERKLEY. SCHULTZ, Mr. FEENEY, Mr. BACHUS, Mr. BALDWIN, Mrs. LOWEY, Mr. MARKEY, Mr. H.R. 2511: Mr. UDALL of New Mexico. MARCHANT, Mr. GILLMOR, Mr. NEUGEBAUER, DICKS, Ms. LORETTA SANCHEZ of California, H.R. 2526: Ms. BEAN. Mr. LEWIS of California, Mr. MEEKS of New Mr. CROWLEY, Mr. SKELTON, Mrs. DAVIS of H.R. 2533: Ms. MATSUI, Mr. LEVIN, and Ms. York, Mr. PEARCE, Mr. RYUN of Kansas, Mr. California, Mr. KILDEE, Mr. MEEKS of New ROYBAL-ALLARD. ISRAEL, Mr. PAUL, Mr. SESSIONS, Mr. JONES H.R. 2642: Ms. DEGETTE. York, and Mr. RENZI. of North Carolina, Ms. ROYBAL-ALLARD, Mr. H.R. 2668: Mrs. SCHMIDT. H. Con. Res. 130: Mrs. BLACKBURN, Mr. GARRETT of New Jersey, Ms. HOOLEY, Mr. H.R. 2694: Mr. HINCHEY. TANCREDO, Mr. CONAWAY, Mr. BACHUS, Mrs. ENZI ANTOR H.R. 2716: Mr. OBERSTAR. R , and Mr. C . BONO, Mr. ROGERS of Michigan, Mr. TERRY, H.R. 2719: Mr. PLATTS. H.R. 3546: Mr. BERRY. and Ms. LINDA T. SA´ NCHEZ of California. H.R. 2799: Mr. JEFFERSON and Mr. SANDERS. H.R. 3561: Mrs. MCCARTHY, Ms. WASSERMAN H. Con. Res. 173: Ms. WASSERMAN SCHULTZ, H.R. 2804: Mr. MCCAUL of Texas. SCHULTZ, and Mr. MCDERMOTT. Mr. FARR, Mr. FILNER, Ms. SOLIS, Mr. PETER- H.R. 2822: Mr. GARRETT of New Jersey. H.R. 3584: Mr. MCDERMOTT. SON of Minnesota, Mrs. CHRISTENSEN, Mr. H.R. 2823: Mr. ALEXANDER. H.R. 3588: Mr. MCNULTY, Mr. SMITH of MANZULLO, Mr. CASTLE, Mr. REYNOLDS, and H.R. 2895: Mr. UDALL of Colorado. Washington, and Ms. ESHOO. Mr. FOLEY. H.R. 2943: Mr. CAPUANO. H.R. 3616: Mr. PLATTS and Mr. WAXMAN. H. Con. Res. 177: Mr. BISHOP of Georgia, Mr. H.R. 2963: Mr. KUCINICH and Ms. EDDIE BER- H.R. 3628: Mr. MCDERMOTT, Mr. MORAN of CROWLEY, Mr. MORAN of Virginia, and Mr. NICE JOHNSON of Texas. Virginia, Mr. MICHAUD, Mr. BONNER, and Mr. FRANK of Massachusetts. H.R. 3011: Mr. HUNTER, Mr. ROGERS of Ala- LEWIS of Georgia. H. Con. Res. 178: Mr. ABERCROMBIE, Mr. bama, Mr. KING of Iowa, and Mr. MCINTYRE. H.R. 3659: Mr. CARNAHAN. MCHUGH, Mr. VAN HOLLEN, Mr. JEFFERSON, H.R. 3042: Mr. KILDEE. H.R. 3665: Mr. ABERCROMBIE, Mr. CASE, Mr. and Mr. MCNULTY. H.R. 3111: Mr. MELANCON. GRIJALVA, and Mr. MICHAUD. H. Con. Res. 190: Mr. TOWNS. H.R. 3128: Ms. BERKLEY, Mr. BROWN of Ohio, H.R. 3666: Mrs. MALONEY and Mr. H. Con. Res. 210: Mr. CALVERT, Mr. DAVIS of Ms. ZOE LOFGREN of California, Mr. CAPUANO, MCDERMOTT. Florida, Ms. MATSUI, Mr. ALLEN, Mr. BER- and Mr. MCDERMOTT. H.R. 3667: Mr. HERGER and Mr. THOMAS. MAN, Mr. HOEKSTRA, Mr. MCGOVERN, Mrs. H.R. 3134: Mr. SESSIONS. H.R. 3670: Mrs. MALONEY and Mr. TAUSCHER, Mr. RUSH, Mr. CASTLE, Mr. H.R. 3137: Mr. GUTKNECHT, Mrs. CAPITO, Mr. MCDERMOTT. GEORGE MILLER of California, Mr. BROWN of MARCHANT, Mr. SHADEGG, and Mr. ALEX- H.R. 3685: Mr. PASTOR. Ohio, Mr. LEWIS of Georgia, Miss MCMORRIS, ANDER. H.R. 3690: Ms. ESHOO and Mr. FRANK of Mr. WHITFIELD, Mr. FOLEY, Mr. HINOJOSA, H.R. 3160: Mr. SERRANO, Ms. DEGETTE, and Massachusetts. Mr. KIND, Mr. STRICKLAND, Ms. BALDWIN, Mr. Mr. OWENS. H.R. 3699: Mrs. DRAKE. RANGEL, Mr. TIBERI, Mr. MCDERMOTT, Mr. H.R. 3162: Mr. MICHAUD. H.R. 3701: Mr. ROTHMAN. THOMAS, Mr. LANGEVIN, Mr. CLYBURN, Mr. H.R. 3180: Mr. GARRETT of New Jersey and H.R. 3702: Mrs. EMERSON, Mr. ROSS, Mr. HINCHEY, Mr. ORTIZ, Mr. WAXMAN, Mrs. Mr. ENGLISH of Pennsylvania. SNYDER, Mr. BOOZMAN, Mr. EVANS, Mr. SKEL- MCCARTHY, and Mr. BOUSTANY. H.R. 3191: Mr. EVANS, Mr. BLUMENAUER, Mr. TON, and Mr. FILNER. H. Con. Res. 222: Mr. BRADLEY of New TANCREDO, Ms. MILLENDER-MCDONALD, Mr. H.R. 3708: Mr. ORTIZ. Hampshire, Mr. LYNCH, and Mr. KILDEE. LEACH, Mr. WEXLER, Ms. WATSON, Mr. LAN- H.R. 3709: Mr. HENSARLING, Mr. HONDA, Ms. H. Con. Res. 231: Mr. MURTHA, Mr. WALSH, TOS, Mr. HONDA, Mr. CROWLEY, and Mr. MCCOLLUM of Minnesota, Mr. SODREL, Mr. Mr. MOORE of Kansas, Mr. SIMMONS, and Ms. MEEKS of New York. TIAHRT, Mr. AKIN, Mr. GARRETT of New Jer- ESHOO. H.R. 3197: Mr. MCCAUL of Texas. sey, and Mr. MARCHANT. H. Con. Res. 245: Mr. CHABOT, Mr. PENCE, H.R. 3248: Mr. SHIMKUS, Ms. BALDWIN, Mr. H.R. 3711: Mr. INSLEE, Mr. AL GREEN of Mr. CANNON, Mr. NORWOOD, Mr. SAM JOHNSON SNYDER, and Mr. ABERCROMBIE. Texas, and Ms. HERSETH. of Texas, and Mr. FORTUN˜ O. H.R. 3255: Mr. COOPER. H.R. 3727: Mrs. MALONEY and Mr. H. Res. 15: Mr. ANDREWS, Mr. SHERWOOD, H.R. 3300: Mr. CONAWAY. MCDERMOTT. Mr. MORAN of Virginia, Mr. SHAW, and Mr. H.R. 3313: Mr. WAXMAN, Mr. OWENS, Mr. H.R. 3748: Mr. DAVIS of Alabama, Mr. WAXMAN. MORAN of Virginia, Mr. MCNULTY, Mr. MCCAUL of Texas, Mr. KUCINICH, Mr. WEINER, H. Res. 84: Mr. PAYNE. PAYNE, Mr. HINCHEY, Mr. FARR, Ms. ESHOO, and Ms. SCHAKOWSKY. H. Res. 172: Mr. DICKS. Ms. SOLIS, Mrs. MALONEY, Ms. MCCOLLUM of H.R. 3754: Mr. SALAZAR. H. Res. 215: Mr. AKIN. Minnesota, Mr. GRIJALVA, Mr. ABERCROMBIE, H.R. 3757: Mr. DUNCAN and Mr. PAUL. H. Res. 222: Mr. BOEHLERT. Ms. MOORE of Wisconsin, Mr. CROWLEY, Mr. H.R. 3760: Mr. WYNN. H. Res. 316: Mr. KUHL of New York. CUMMINGS, Mr. MCDERMOTT, Mr. HASTINGS of H.R. 3761: Mrs. BIGGERT and Mr. TIBERI. H. Res. 335: Mr. FRANK of Massachusetts, Florida, Ms. LINDA T. SA´ NCHEZ of California, H.R. 3764: Mr. BARRow, Ms. MILLENDER- Mr. BUTTERFIELD, Mr. MARSHALL, Mr. Mrs. MCCARTHY, Mr. SERRANO, Mr. DOGGETT, MCDONALD, and Ms. MOORE of Wisconsin. MCCOTTER, and Mr. TIBERI. Mr. KUCINICH, Mr. KIND, Ms. MCKINNEY, Mr. H.R. 3774: Ms. KAPTUR, Mr. GRIJALVA, Mr. H. Res. 367: Mr. FRANK of Massachusetts. VAN HOLLEN, Mr. BROWN of Ohio, Ms. JACK- CONYERS, and Mr. BRADY of Pennsylvania. H. Res. 389: Mr. KELLER and Mr. MATHESON. SON-LEE of Texas, Mr. MILLER of North Caro- H.R. 3781: Mr. KING of New York. H. Res. 415: Mr. SMITH of New Jersey. lina, and Mr. STARK. H.R. 3782: Mrs. CUBIN, Mr. EVERETT, Mr. H. Res. 438: Mr. HOLDEN, Mr. BURTON of In- H.R. 3326: Mr. BAIRD, Mr. DAVIS of Illinois, WALDEN of Oregon, Mr. SULLIVAN, Mrs. JOHN- diana, Mr. NADLER, Mr. PALLONE, Mr. CROW- Mr. UDALL of Colorado, Mr. JEFFERSON, Mr. SON of Connecticut, and Ms. BERKLEY. LEY, Mr. VISCLOSKY, Mr. MCNULTY, Mr.

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BISHOP of Georgia, Mrs. MCCARTHY, Mr. MAR- firmative action to maintain the Community H.R. 2123 SHALL, and Mr. WEINER. Development Block Grant (CDBG) program OFFERED BY: MR. FILNER H. Res. 441: Ms. BERKLEY, Mr. GOODE, and funding, and seeking restoration of lost fund- Mr. AL GREEN of Texas. ing via the proposed fiscal year 2005 budget; AMENDMENT NO. 1: At the end of the bill, f which was referred to the Committee on Fi- add the following new section: nancial Services. PETITIONS, ETC. SEC. lll. TEACHER RETENTION REPORT. f Not later than one year after implementa- Under clause 3 of rule XII, petitions tion of the Head Start teacher qualifications and papers were laid on the clerk’s AMENDMENTS and development under amendments made desk and referred as follows: by this Act, the Secretary of Health and 68. The SPEAKER presented a petition of Under clause 8 of rule XVIII, pro- Human Services shall submit to Congress a the City of Pembroke Pines, Florida, rel- posed amendments were submitted as report on Head Start teacher retention lev- ative to Resolution No. 3033, requesting af- follows: els.

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Vol. 151 WASHINGTON, TUESDAY, SEPTEMBER 20, 2005 No. 118 Senate The Senate met at 9:45 a.m. and was the Democratic leader or his designee, AMERICA’S AGENDA called to order by the President pro and the second half of the time under Mr. DORGAN. Mr. President, this tempore (Mr. STEVENS). the control of the majority leader or country is reminded virtually every his designee. morning that we are at war. This PRAYER morning we learned that additional The Chaplain, Dr. Barry C. Black, of- f Americans—these, I believe, civilian fered the following prayer: contractors—have been killed in the Let us pray. RECOGNITION OF THE MAJORITY country of Iraq. Eternal Spirit, who gives sunshine to LEADER I have been listening in recent days the just and the unjust, thank You for The PRESIDENT pro tempore. The to the discussions in the Senate and not treating us as we deserve. We hear majority leader is recognized. discussions from President Bush about Your voice, wooing us through the where we find ourselves and what our whispers of conscience and the f obligations are. We not only are at promptings of Your spirit. You beckon war, we have just experienced the most significant natural disaster in the his- to us through lofty ideals and through SCHEDULE Your unfolding providence in the tory of this country along the gulf events of history. We see Your stately Mr. FRIST. Mr. President, this morn- coast, with a million people displaced footprints in the courses of our lives. ing we have set aside a period of 60 from their homes. Yet the discussion in Today, use our lawmakers as Your minutes for morning business, which is recent days from the President and hands and feet on Earth. Through their equally divided to allow Senators to others is that nothing has changed. work, transform discord into harmony, make statements. Following that time, Nothing has changed. Our agenda is the conflict into peace, despair into hope, Senators BENNETT and KOHL will be same. and sadness into joy. Grant that their here to manage consideration of the I went back and pulled out a speech lives will teach us the lessons You de- Agriculture appropriations bill. of Franklin Delano Roosevelt, a fire- sire our world to learn: Love, forgive- Before adjourning last night, the side chat on April 28, 1942. I want to ness, and peace. Remind each of us Democratic leader on behalf of Senator read what the discussion was by some- daily that there is always a road back NELSON called up an amendment re- one who provided, I thought, great to You. garding rulemaking on Japanese beef. leadership to this country at a time of We pray in Your holy Name. Amen. The managers have had time to review war. He said: that amendment, and we may be able As we here at home contemplate our own f to set a vote on that issue for this duties, our own responsibilities . . . our sol- PLEDGE OF ALLEGIANCE morning. We will be recessing from diers and sailors are members of well dis- ciplined units. But they are still and forever The PRESIDENT pro tempore led the 12:30 to 2:15 for our weekly policy luncheons, and we expect to vote prior individuals—free individuals. They are farm- Pledge of Allegiance, as follows: ers, and workers, businessmen, professional I pledge allegiance to the Flag of the to that recess. men, artists, clerks. They are the United United States of America, and to the Repub- I urge my colleagues, once again, to States of America. That is why they fight. lic for which it stands, one nation under God, come to the floor and debate their We too are the United States of America. indivisible, with liberty and justice for all. amendments on this bill. If Senators That is why we must work and sacrifice. It is f have not contacted the managers about for them. It is for us. It is for victory. their amendments and no one comes to That is from Franklin Delano Roo- RESERVATION OF LEADER TIME the floor to propose them, then the sevelt. The PRESIDENT pro tempore. Under managers will be asking for third read- The thing is, leadership is not about the previous order, the leadership time ing and passage of the bill. accounting or numbers. Leadership is is reserved. We have a lot of work to do this fall. calling this country together to say we f We need to use every day wisely, so are all in this together; yes, in a war, Members should not delay with their and in a response to a devastating hur- MORNING BUSINESS amendments. I do thank everyone for ricane. Yet we continue to hear around The PRESIDENT pro tempore. Under their help and patience as we go this Chamber and at the White House: the previous order, there will be a pe- through these appropriations bills. No, things haven’t changed. The agen- riod for the transaction of morning The PRESIDENT pro tempore. The da is the same. More tax cuts. Repeal business for up to 60 minutes, the first Senator from North Dakota is recog- the death tax—which, incidentally, half of the time under the control of nized. doesn’t exist. There is no death tax.

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

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VerDate Aug 31 2005 23:51 Sep 20, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.000 S20SEPT1 S10204 CONGRESSIONAL RECORD — SENATE September 20, 2005 But it is still a priority. We must re- the spirits of the country in the middle judgment, is not advancing America’s peal the death tax; tax work, exempt of the Second World War. He did that cause. investment. Nothing really has by being brutally honest with straight Warren Buffett, the second richest changed. talk. He said to the American people: man in America and perhaps the world, The thing is, perhaps the President’s Here is what you must sacrifice. And as far as I know, wrote an op-ed piece agenda hasn’t changed, but everything he said: Sacrifice is a privilege, when and said: By the way, when all these else has changed. Some years ago, 41⁄2 in this country, together, we go to war tax cuts proposed by the President are years ago, we had a robust economy. It with a need to be victorious over the phased in—that is exempting income was morning in America, as it would oppression of the Nazis. from investments and taxing work—I have been portrayed in 1984 in the So he asked the American people for will pay a tax rate of one-tenth the tax Reagan commercials: ‘‘Morning in sacrifice. That is what leadership is rate that is paid by the receptionist in America.’’ We had budget surpluses, we about. It is about being honest. It is my office. were told, and things were growing and about straight talk, which we have too So the question is, Are we willing as we had budget surpluses that would little of today. a country to sacrifice? Have some last 10 years. So the President, the new The truth is, this country is off things changed? Are we willing to President, said let’s provide very large course and we need to put it on course. change course? Are we willing to take tax cuts for a long period, the bulk of The truth is, we have made some mis- some risks? Is there some leadership, which went to the highest income earn- takes, all of us. We started a war in perhaps in the White House, maybe in ers in America. Iraq because we said there were weap- this Congress? After all, we are in this Some of us, and I, on this Senate ons of mass destruction in Iraq. It ap- together. All of us want the same thing floor, said maybe we should be a little pears there were not. The intelligence for our country. bit conservative. What if something community provided this information I take no pleasure in criticizing the happens? After all, these budget sur- to us with great certainty, but now it President’s program, nor the President pluses don’t yet exist. They are projec- turns out it was wrong. The person who and his actions. But I understand that tions. What if they do not exist? What led the Central Intelligence Agency our future is dependent on making if they do not materialize? What if during that period was given the Medal right choices now. It is dependent on something happens in the interim? of Freedom after he retired, for reasons our deciding to look truth in the eye ‘‘Oh, be happy, don’t worry,’’ the I will never understand. and to insist the President do the same President and others said. So the Con- But we are where we are. We now and understand things have changed. gress passed very large tax cuts, and it must ask more of the American people. That requires us to adjust course. It re- was not long before some things hap- In my judgment, we should not just quires us to ask of the American people pened. We found ourselves in a reces- ask of our soldiers for their sacrifice. that we have a common purpose to- sion. Then, very shortly we found our- We are where we are and we must ask gether and work together and join to- selves victims of a devastating attack the American people for their sacrifice gether—yes, to support our soldiers, to by terrorists on 9/11/2001. Following as well. support those in the gulf region who that, we found ourselves in a war in Af- We had the largest tax cuts in the are rebuilding, to support those in this ghanistan, a war in Iraq, and then we history of this country because we country who have no health insurance, saw, instead of budget surpluses, the were expected to have 10 years of budg- to support those in this country who largest deficits in history begin to et surplus that was unprecedented. It are jobless so we lift America up and grow in this country. Even as that hap- turns out that was not accurate. It make America better. That is our re- pened, we saw the dependency of this turns out things happened that were sponsibility. country on foreign oil continue to in- not anticipated by this President and That will not happen by a message crease to now over 60 percent and head- others, and the result is we now have coming from the White House or from ed toward 69 percent. Following that, the highest deficits in history, not the this Congress that nothing has of course, a natural disaster unlike any highest surplus in history. But now we changed, that our responsibility is to we have seen in this country, with a are told that the tax cuts were not for continue to press to see if we cannot million people displaced, called Hurri- the purpose of giving back the surplus. give higher tax cuts, more tax cuts. At cane Katrina. The response from the President? That is what they were designed to do, a time when we are borrowing money Nothing has really changed with re- and that is what we were told they to fund a war and we are going to bor- spect to his fiscal policy or his plans. were in 2001, but now we are told the row money for reconstruction for Iraq, We have spent over $200 billion in Iraq tax cuts are really about stimulating to give more tax cuts for the upper in- and Afghanistan, all of it borrowed, the economy. So nothing ever really come people in America—why? Because none of it paid for. It is anticipated we changes and now we have a hurricane, those who do believe that America will spend somewhere close to $200 bil- a devastating hurricane that hits the works when you dump something on lion with respect to Katrina and the gulf coast of this country displacing 1 top and it filters down—that is called natural disaster, the devastating dis- million people, perhaps costing up to trickle down economics. aster. The question is, What do we do $200 billion. I had a guy in North Dakota write me to pay for that? The President says we We need to create kind of a Marshall some while ago who said: I have been can manage that. We can manage that. Plan to rebuild and to tell those folks listening to all this trickle down non- We send soldiers abroad and ask for we want to help you. Surely, if this sense for a long time and I ain’t even their sacrifice, but we ask nothing of country can reconstruct the country of damp. the American people at the same time: Iraq, it can decide it is important to re- The fact is, trickle down does not Be happy. construct this country. Any country work. What works in this country is There are legitimate questions being that commits the billions of dollars we percolate up economics. You give the asked about the response to Hurricane have to reconstruct the country of Iraq American people something to work Katrina. But in my judgment we face a can reconstruct the gulf region of the with: A job and opportunity and hope. time when the question is not, Are we United States of America. But we can’t When America goes to work, America doing things right? The question is, do that saying nothing has changed does just fine. But, as I said, you have Are we doing the right things? Are we and our priority remains tax cuts for to look truth in the eye. And when this on the right track? As I said, it is not America’s wealthy. President says nothing has changed, he about accounting; it is about leader- Cut spending; we should tighten our is wrong. My hope is that Republicans ship. It is about asking a country to belt. I will support spending cuts. I be- and Democrats will understand two join in common purpose and asking a lieve all of us ought to tighten our things: Yes, we need to tighten our country to sacrifice. Sometimes leader- belts. But if belt tightening, as it usu- belts. Yes, we need to cut some spend- ship asks people to do things that are ally does, means withdrawing health ing. Yes, we need to decide when we are not popular at the moment. care from poor people and the kind of going to have to start paying taxes Franklin Delano Roosevelt lifted a things that hurt most those who are once again, and that we have a com- country out of a depression and lifted poorest in this country, that, in my mon purpose, and our common purpose

VerDate Aug 31 2005 23:51 Sep 20, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.002 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10205 ought to be to work together and reconstruction effort is headed and who The Wall Street Journal article went march together toward a common goal. is in charge. Several published reports on to say: I yield the floor. say the person heading up the adminis- The first large-scale contracts awarded to The PRESIDENT pro tempore. The tration’s Katrina rebuilding project is Hurricane Katrina, as in Iraq, were awarded Senator from Illinois. none other than Karl Rove, the Presi- without competitive bidding, using so-called Mr. DURBIN. Mr. President, I ask to dent’s long-time political director. ‘‘cost-plus’’ provisions that guarantee con- be given 10 minutes from the Demo- That is an incredible suggestion—that tractors certain profits regardless of how cratic morning business and that I be Karl Rove will have responsibility for much they spend. notified when I have consumed 9 min- the Katrina reconstruction effort, the It turns out that not only are there utes of the 10. No. 1 politician, the No. 1 political op- no-bid contracts, but coincidentally The PRESIDENT pro tempore. The erative in the White House. Have we they happen to be going to the clients Senator will be notified. learned nothing? of Joe Allbaugh. Remember that name? f Consider what happened when I mentioned him earlier. He was the Katrina struck. FEMA was not there. President’s political campaign director HURRICANE KATRINA Michael Brown is now gone. But how in Texas who became the head of Mr. DURBIN. Mr. President, last Fri- did he get in a position to be in charge FEMA and who left to be a consultant, day, I joined 13 of my colleagues and of FEMA? It was because of political and is now making certain that his cli- went to view the devastation of Hurri- connections. He didn’t have the experi- ents get $100 million no-bid contracts. cane Katrina in New Orleans, LA, and ence. He didn’t have the resume. He When is this going to end? When are Mississippi, It was a sight which I will didn’t have the skills needed when he we going to have true accountability? never forget. This great bustling city faced the greatest natural disaster in Once again, we see the same names of New Orleans is now a ghost town our history. What was his claim to this coming out of Hurricane Katrina—Hal- with hardly any activity other than a job to head FEMA? His claim was he liburton, Kellogg, Brown & Root—the few people returning to their homes was a college roommate of Joe names of Joe Allbaugh’s clients who trying to retrieve lost treasures left be- Allbaugh, who happened to be the are, once again, coming up with these hind from the flood—trying to put President’s Chief of Staff and campaign contracts. their lives back together by gathering director in Texas who, when he left the If it wasn’t bad enough, this morn- all of this water-laden debris and toss- FEMA agency to become a consultant, ing’s Washington Post, on the front ing it outside in the hopes they might turned it over to Michael Brown, his page, tells the story of a Bush official save their structures. college roommate, to take over—this arrested in a corruption probe. It says: little daisy chain of politicians who We then went over to Mississippi The Bush administration’s top Federal pro- where it was a stunning scene in vil- played out with disastrous incom- curement official resigned Friday and was lage and community and town after petence when Katrina struck. arrested yesterday, accused of lying and ob- town—to see subdivisions that have Now this administration, instead of structing a criminal investigation into Re- been wiped away, to look down at what moving away from the politicians to publican lobbyist Jack Abramoff’s dealings appeared to be 50 concrete slabs and to the professionals when it comes to re- with the Federal Government. It was the see no evidence of debris but evidence building, has decided that Karl Rove is first criminal complaint filed against a gov- of destruction, all gone, scoured from going to be in charge—the same Karl ernment official in the ongoing corruption probe related to Abramoff’s activities in the Earth by these horrible hurricane Rove who, just a few weeks ago in a po- litical speech, said the Democrats Washington. winds and waves which consumed some The complaint, filed by the FBI, alleges of these communities. didn’t share the Republicans’ zeal for that David H. Safavian, 38, a White House A man in Pass Christian in Mis- stopping the war on terrorism; the procurement official involved until last week sissippi told us of the panic that set in same Karl Rove who won’t give us in Hurricane Katrina relief efforts, made re- when the remaining villagers went to straight answers when it comes to his peated false statements to government offi- the library with hurricane-proof win- role in revealing the identity of cials and investigators about a golf trip with dows, believing they might be safe, and Valarie Plame, an undercover CIA op- Abramoff to Scotland in 2002. then, as a 28-foot wave hit this library, erative, which disclosure of her iden- The top official in the White House thinking they all might drown right tity not only endangered her life but that was in charge of procurement in- there in that building at that moment. the lives of many other career employ- volved in the Katrina effort not only I can’t imagine what that was like. I ees; the same Karl Rove who inciden- resigned but was arrested for mis- can’t imagine what it was like for so tally will take his mind off of the leading the Federal Government in many who went through this dev- Katrina reconstruction effort long terms of his involvement with the Re- astating experience. Some are trying enough to go to North Dakota on this publican lobbyists. to come to grips with their future and Saturday night for a big political rally. Now the administration comes out there lives. Is this the person we want in charge and says they found just the person to The President came to the American of $60 billion or $100 billion in recon- look into the mistakes of Hurricane people last week at Jackson Square in struction funds? I hope not. I hope the Katrina. It is a woman by the name of New Orleans and made a speech which President reconsiders. Frances Townsend. I do not know her. This is a troubling admission—that I think will be important for genera- She may be a very competent indi- this administration doesn’t have lead- tions to come. I was asked to react to vidual. But how in the world can we ership to turn to in time of crisis, if get to the truth of the question as to it, and I said I think the President has the best the President can find is his what went wrong with Hurricane given us an agenda that we have to fol- political adviser, Karl Rove, to deal Katrina? How can we really hope to low—to rebuild the gulf coast, to re- with the disaster of Katrina. build the lives and the communities. What have we seen so far? The Wall discover the incompetence that led to But I believed then, and I believe now, Street Journal said last week: all of this human suffering and devas- that the President’s call for this unity The Bush administration is importing tation if the administration is going to as a nation and this community of car- many of the contract practices blamed for investigate itself? ing also has to be called for fiscal re- spending abuses in Iraq as it begins the larg- We know from 9/11 that the only way sponsibility and accountability. We est and costliest rebuilding effort in United we got to the heart of the matter, the have to rebuild the gulf coast and help States history. critical questions about what went Katrina victims rebuild their lives. It We know what happened in Iraq—no- wrong on 9/11, was with an independent, is in our national interest. It is part of bid contracts to Halliburton and the nonpartisan commission. Yet this ad- our national character. We rally as buddies of this administration, con- ministration resisted the efforts of Americans to help our fellow Ameri- tracts that have never been inves- that 9/11 commission being created and cans. tigated by this Congress. And here they today resists the efforts of an inde- But I have a real concern. Instead of go again with Katrina and with Karl pendent, nonpartisan commission to the ‘‘Big Easy,’’ people are getting a Rove keeping his watchful eye on what look into what went wrong with Hurri- big uneasy feeling about where Katrina is being done. cane Katrina.

VerDate Aug 31 2005 23:51 Sep 20, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.004 S20SEPT1 S10206 CONGRESSIONAL RECORD — SENATE September 20, 2005 The PRESIDING OFFICER (Mr. lege have a chance to get back in a col- we have another hurricane that is try- VITTER.) The Senator has 1 minute re- lege or a university to continue their ing to round the corner in Key West maining. studies without losing a quarter or a today—to make sure if this comes Mr. DURBIN. Thank you, Mr. Presi- semester or a year, helping to create north and revisits again, whether New dent. jobs and getting the economy moving Orleans, God forbid, or Mississippi— I will conclude by saying this: We in places that have been destroyed or that we are better prepared to do more owe it to the victims and their families badly damaged. Those are the kinds of of the right things. and to the American people and the things that need to be done and are The last thing is the point Senator American taxpayers to get honest an- being done. DURBIN raised, the notion of an inde- swers about what went wrong with While our startup was slow and dis- pendent commission. I was skeptical as Katrina, and to put people in charge to appointing, I believe, as time goes by, to whether or not the 9/11 Commission make certain that we don’t waste the we are doing better. I commend all— would enable Congress to do much good billions of dollars that are going to be not just in government, not just the with respect to restructuring of our in- spent in this reconstruction effort. first responders, not just the Guard, telligence operations in this country. Putting Karl Rove in charge makes no not just FEMA, which is doing a better The intelligence operation in place had sense whatsoever. He has no resume job today, but also a lot of folks who not been changed much for 50 years. I and no skills other than running polit- are giving of themselves—volunteers don’t know if there was any reason to ical campaigns. If he is being put in from my State, and all other States, believe five Republicans and five place to protect the President politi- who have gone to the region, giving Democrats could somehow find com- cally, that decision does not serve the blood, and raising money in our home mon ground and entice the rest of Con- best interests of the American people States, receiving folks who have been gress to do the same thing, to work nor the victims of Hurricane Katrina. displaced, to give them a home, a place with the President to change in sub- It is time to get to the bottom of to live, and a job for a while. Those ef- stantial, far-reaching ways the way our this. If Congress will not have an hon- forts are to be commended. Those are intelligence community works in this est investigation of what happened the first responders. Maybe I should country. They did, and the 9/11 Com- with Hurricane Katrina, we need to say second responders because the first mission provides an excellent tem- have this nonpartisan, independent responders were not even responding. plate, role model, if you will, for how commission like the 9/11 Commission Second, last week, Senator COBURN, we should, once the first surge of over- to answer the questions about what Senator OBAMA, and I spoke about the sight activity and the successive waves went wrong and to make certain that introduction of legislation which is of help and aid are out the door, pro- we don’t replicate those mistakes in supported by Senator FRIST, by Sen- ceed to make sure a couple months the expenditure of these funds in the ator REID, our respective leaders, to from now we are in a position, whether future. create a CFO—chief financial officer— it is five Republicans and five Demo- I yield the floor. to serve as a watchdog so we don’t find crats—it could be a chairman ap- The PRESIDING OFFICER. The Sen- ourselves 6 months or 12 months from pointed by the committee, a vice chair- ator from Delaware is recognized. now looking back to see that we spent man appointed by our leadership, but Mr. CARPER. Mr. President, before X billions so foolishly in response to to put in place a commission that Senator DURBIN leaves the floor, he has Katrina, to make sure we get out ahead might have the kind of success not for mentioned the 9/11 Commission. When of this expenditure as best we can rath- us, and not just for them, but for our he and I were first elected in the Con- er than looking at it after the money country. Success would be measured by better gress in 1982—to the House—we arrived has already been spent, in some cases ensuring that a lot of the good things at a time when Social Security was not inappropriately. just rumored to be in dire straits but The amount of money that is going that happened this time in response to was in very dire straits. And an earlier to be spent in Katrina relief over the Katrina happen the next time—and we commission was created similar to the next couple of months will dwarf the know there will be a next time—and we 9/11 Commission but different as well. annual appropriations that go to most reduce the likelihood that some of the The Republican Members were ap- of our Federal departments. Every one same mistakes and foolish choices will be made. pointed by President Reagan. As I re- of our Federal departments has a chief The American people would approve call, the Democratic Members were ap- financial officer. We need to make of that. It is great the President has pointed by Democratic Speaker, Tip sure, when we are spending this much asked the Cabinet Secretaries to look O’Neill, and I think by Senator ROBERT money this quickly to try to help a lot at what they did within their depart- BYRD. The Blue Ribbon Commission of people in a hurry, that we spend it ments to make sure what they did was was chaired by Alan Greenspan, with wisely. right, it made sense, and was appro- Members Daniel Patrick Moynihan, It is a bipartisan issue. We believe priate. It is all well and good to have Robert Dole, and Claude Pepper, with one of the ways to make sure we do oversight here, but it would be helpful whom we served in the House. They that is to have a chief financial officer to have an independent commission worked for a whole year trying to cou- who is well qualified and can get on the that could stand back, not distracted ple a combination of benefit cuts and job and do the work quickly. by other issues we are distracted with The third thing I mention is over- revenue increases to enable us to put each day, and impartially—led by peo- sight. I serve on the Committee on Social Security on a sound footing for ple such as Governor Tom Kean and Homeland Security and Governmental another quarter of a century. I think former Congressman Lee Hamilton— Affairs. We have obvious oversight of a that serves as a good role model as well with good staff and only with this issue good deal of what is going on, including as the 9/11 Commission, which Senator to focus on, and figure out what went the Homeland Security Department, DURBIN mentioned. well, what went badly, and how we can While he was on the floor, I wanted FEMA, the Coast Guard, and any num- do better next time. to remind him and us of that. But I ber of responder agencies. We have a I suggest the absence of a quorum. think our first response to the catas- responsibility to do our oversight. We The PRESIDING OFFICER. The trophe is to make sure that people who have begun that oversight with hear- clerk will call the roll. need help get help. ings last week and informal hearings The assistant legislative clerk pro- First of all, get help in getting out of the week before that. We will continue ceeded to call the roll. dangerous places to safe places, get this week and next week and on and Mr. ALEXANDER. Mr. President, I help in reuniting families, get help in on. ask unanimous consent that the order making certain their medical needs are Our interest is in finding out what we for the quorum call be rescinded. met, having something to eat and did well, what we did collectively— The PRESIDING OFFICER. Without drink, making sure the kids from K– State, local, Federal, volunteer organi- objection, it is so ordered. 12th grade are getting to the schools zations, military, National Guard, Mr. ALEXANDER. Mr. President, I they need to get into, making sure stu- Armed Forces—and what we did not do ask unanimous consent to speak for up dents who have been displaced in col- well. Then, if this happens again—and to 12 minutes.

VerDate Aug 31 2005 23:51 Sep 20, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.005 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10207 The PRESIDING OFFICER. The Sen- ‘‘We couldn’t sit quietly and do noth- student loans for the next 6 months; ator has that right. ing. We felt a need to reach out,’’ said public school districts would receive up Without objection, it is so ordered. the headmaster of Webb school in Bell to 90 percent of the State’s per-pupil Mr. ALEXANDER. Please indicate Buckle, which is waiving the $29,500 expenditure, up to $7,500 per student; when 2 minutes are remaining. room and board for up to 30 students. and $488 million would go to help dis- The PRESIDING OFFICER. The ‘‘No one flinched. Everybody just re- placed students who attend private Chair is happy to do so. sponded with, what can we do to help?’’ schools. f said the headmaster at Webb school in The President is not throwing out a Bell Buckle. lifeline to just some displaced stu- KATRINA’S DISPLACED Especially in Memphis and Shelby dents. He is trying to help them all. SCHOOLCHILDREN County, where so many displaced stu- The private schools in Tennessee are Mr. ALEXANDER. Mr. President, I dents have gone up the Mississippi not turning their backs. They are open- will talk this morning about helping River from New Orleans, the willing- ing their arms. Katrina did not dis- all of Katrina’s displaced school- ness of private schools to accept these criminate among children and neither children. Each weekend when I go students is a huge help to overcrowded should we. The only politically charged home to Tennessee, the people who public schools. approaches around here are coming elected me teach me about how we In Baton Rouge, according to a re- from those who oppose helping every should be doing our jobs in Wash- port this morning on National Public child. ington, DC. This is not a lesson they Radio, there are 5,000 to 10,000 of these For Heaven’s sake, this is not the be- shout from the rooftops. It is a lesson displaced private school students who ginning of some big, new voucher pro- they live by their own example, and we have no school to attend. To accommo- gram. It is the beginning, hopefully, of would be wise to follow. date them, the Catholic Diocese in a big, new 1-year effort to help children Two weeks ago in Maryville, my Baton Rouge is struggling to establish who are in desperate trouble. The best hometown, it was Al Gore flying a satellite schools, some located great way to do it, in most cases, is simply planeload of evacuees from New Orle- distances away, which these students to let the money follow the child or the ans into one of Tennessee’s most Re- will have to attend at night. person who needs help. publican counties. Nobody asked about These private schools that reach out We have already approved vouchers anybody’s politics. Everybody just are filling a huge need because the four that follow displaced persons for hous- pitched in to help. Louisiana parishes hit the hardest had ing in this exceptional case. Food Last weekend, members of the nearly one-third, or 61,000, of their stamps are vouchers, and they are church where I am an elder, West- 187,000 students in private schools, ac- helping in this exceptional case. No one minster Presbyterian Church in Nash- cording to the U.S. Department of Edu- is suggesting a displaced mother can- ville, sent $80,000 and a truckload of cation. not take her Federal daycare voucher clothes and Clorox to southern Mis- That is the story and the lesson from to a Catholic daycare center in these sissippi. ‘‘The Presbyterians are here,’’ Tennessee. exceptional cases. No one is suggesting one grateful Mississippi man relayed to The story in Washington last week- we cannot pay Boston College or Har- his friends on his cell phone to say, end, unfortunately, was different. Ac- vard University $1,000 for enrolling a ‘‘and they have Clorox.’’ When the Clo- cording to Saturday’s Washington displaced student who was set to at- rox was passed out, nobody asked if Post, when the President proposed tend Loyola or Xavier in New Orleans. anybody was a Presbyterian. temporary emergency disaster legisla- Scholars agree there is no constitu- And now this Sunday, the headline in tion that would help all of Katrina’s tional issue here. So are we going to the Tennessean, the Nashville news- 372,000 displaced school children during stand here and argue about old paper, was: the rest of this school year, the Sen- ideologies and leave these displaced Private schools Welcome Those Displaced ator from Massachusetts and some children standing on the levee because by Katrina. teachers’ unions objected. Senator the only doors that are open to them According to the newspaper: KENNEDY said: for this 1 year happen to be to a private A growing number of private schools in I am extremely disappointed that [the school? Middle Tennessee [in the Nashville area] . . . President] has proposed this relief using such At the end of World War II, a grateful have volunteered to help students displaced a politically charged approach. This is not Nation enacted the GI bill, giving vet- by Katrina. Many of them are also waiving [the] time for a partisan political debate on erans scholarships for college. A lot of or drastically discounting tuition and fees vouchers. veterans had these vouchers for college for these students and some also accept evac- I absolutely agree with that last sen- but no high school degree. So thou- uees from public schools. tence. This is not the time for a par- sands of veterans took their GI vouch- Continuing the quote, ‘‘These chil- tisan political debate on vouchers. ers to Catholic high schools to earn dren are in crisis. They have been dis- This is the time for those of us in the their high school diploma. That did not placed, but they have found a home,’’ Senate to do what Tennesseans and create a big, new voucher program for said the principal of Father Ryan High Americans all across our country are high schools, this will not either. This School who has accepted 20 students doing: opening our arms and asking is a one year exceptional disaster relief and is trying to accommodate every what we can do to help all displaced program for kids from the gulf coast student who shows up. children not just some school children. who desperately need help. Father Ryan High School is waiving As the Presiding Officer knows so The public schools are brimming the $6,880 tuition, the $350 activity fee, well, Katrina displaced 20 times more over. They need help from private and the $500 in books for displaced stu- families than any natural disaster in schools. I hope those who are objecting dents it simply calls ‘‘transfers.’’ ‘‘It’s the history of the Federal Emergency to helping all displaced school children not all about money,’’ said the prin- Management Agency. Mr. President, will think again. We can have our de- cipal. ‘‘There is no amount of money 372,000 of those displaced persons are bates about vouchers next year when that equals being family,’’ he said. children who were just beginning the the floodwaters subside and the schools Public schools, by law, have to ac- K–12 school year, and 73,000 more are are open again. Right now we need to cept all children. And Tennessee’s pub- college students. be throwing out every lifeline we can lic schools have made room for more The President has proposed $2.6 bil- for all of Katrina’s displaced school- than 3,000 of Katrina’s displaced school lion in funding for students in elemen- children, not just some. children. tary and secondary schools and col- Mr. President, in Time magazine this Our public schools have been greatly leges. Under the President’s proposal, week, there is a story on this subject. helped by these private schools, who do colleges and universities would receive It quotes Andrew Rotherman, a co- not have to accept anybody. In Ten- $1,000 for each displaced student en- director of a think tank here and a nessee, private schools have accepted rolled; no person in an affected area in former Clinton education adviser. Mr. at least 400 students, and probably Louisiana, Mississippi, or Alabama Rotherman, who is not a fan of public many more. would have to pay interest on their school vouchers, says:

VerDate Aug 31 2005 23:51 Sep 20, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.007 S20SEPT1 S10208 CONGRESSIONAL RECORD — SENATE September 20, 2005 As a temporary initiative to help families key component angered some of the legisla- federally funded private-school placements. in exceptional circumstances, it’s reason- tors who will eventually have to vote on it. Finn, an Assistant Education Secretary able. A proposed set-aside of $488 million for pri- under Ronald Reagan, approves of it as He is talking about the President’s vate schools (which, if private-leaning evac- ‘‘compassionate and constitutional.’’ Andrew proposal. He says: uees seek out the kind of education they left Rotherman, a co-director of a think tank behind, would be mostly Catholic) represents called the Education Sector and a former But if they use this disaster as a beachhead a historic federal bankrolling of those insti- Clinton education adviser, says the pro- to establish a longstanding voucher program tutions and their overtly religious subset, posal’s eventual legitimacy may depend on in the Gulf region, it would be wildly inap- and it drew quick fire from Democrats like details Spellings has not yet made available. propriate. Massachusetts Senator Edward Kennedy. He ‘‘As a temporary initiative to help families I would agree. This is a temporary pronounced himself ‘‘disappointed’’ that in exceptional circumstances, it’s reason- initiative to help families in excep- ‘‘[Bush] has proposed. . . relief using such a able,’’ he says. ‘‘But if they use this disaster tional instances. politically charged approach,’’ while Cali- as a beachhead to establish a longstanding fornia Representative George Miller com- Time goes on to say: voucher program in the Gulf [Coast] region, plained that ‘‘to launch a new private-school it would be wildly inappropriate.’’ For evacuees, the constitutionality of as- voucher program in the midst of a disaster For evacuees, the constitutionality of as- sistance matters far less than the assistance response creates a quagmire that could sistance matters far less than the assistance itself. The day before Katrina hit, Albert and hinder rather than expedite the return to itself. The day before Katrina hit, Albert and Anne Betz moved with Jane Todd, 10, and school for tens of thousands of students.’’ Anne Betz moved with Jane Todd, 10, and Owen, 7, out of soon-to-be-drowned Pass The ramifications of Spellings’ bombshell Owen, 7, out of soon-to-be drowned Pass Christian, Miss., and into a condo in will take months, if not years, to sort out, Christian, Miss., and into a condo in Sandestin, Fla. Back home, Anne had taught but most agree that a major federal foray Sandestin, Fla. Back home, Anne had taught at the children’s private Episcopal school, into emergency school funding was des- at the children’s private Episcopal school, but the couple heard that the best schools perately needed. The fate of 372,000 displaced but the couple heard that the best schools near Sandestin were public and were happy children is at least as important to the na- near Sandestin were public and were happy with the one to which their kids were as- tion as the rebuilding of the Gulf Coast, and with the one to which their kids were as- signed. Within days, however, Anne received unlike the payment of rebuilding costs, edu- signed. Within days, however, Anne received a letter from the Walton County School Dis- cation isn’t a choice—it’s a government a letter from the Walton County School Dis- trict stating that the onslaught of evacuees guarantee. Yet for days it appeared the feds trict stating that the onslaught of evacuees had caused overcrowding, and her children might foist much of the obligation on state had caused overcrowding, and her children would have to study elsewhere. Now they are school systems, 47 of which are hosting would have to study elsewhere. Now they are bused daily to one school, only to be placed Katrina students. Most evaluated the prob- bused daily to one school, only to be placed on a second bus to another. At this point, all lem and decided to teach first and ask ques- on a second bus to another. At this point, all Anne is asking for is normality. ‘‘It does not tions later. ‘‘If that 6–year-old kid coming Anne is asking for is normalcy. ‘‘It does not matter if it’s private or public school,’’ she off that transport plane was yours, how matter if it’s private or public school,’’ she says. ‘‘The most important thing is my chil- would you want him taken care of?’’ Arkan- says. ‘‘The most important thing is my chil- dren’s happiness.’’ sas Governor Mike Huckabee asked TIME. dren’s happiness.’’ Mr. President, I ask unanimous con- Huckabee hopes for federal reimbursement, ‘‘but if not, we will have done the right [From the Tennessean, Sept. 18, 2005] sent to have printed in the RECORD the thing, and I believe we will have no regrets PRIVATE SCHOOLS WELCOME THOSE DISPLACED entire article from Time, and also the about how we handled matters.’’ story from Sunday’s Nashville Ten- But Huckabee was tutoring only 1,755 BY KATRINA nessean about the generosity of private Katrina kids. Texas has 41,000, with 19,000 (By Claudette Riley) schools all across Tennessee. I hope the more expected to arrive. Those numbers left Teresa Castellon is more than 500 miles example they are setting will be a good some state officials skeptical that the feds from her parents, her friends, her flooded lesson for all of us in this Chamber. would really come through. Comptroller Car- New Orleans home and the now-closed pri- ole Strayhorn, who will run against incum- There being no objection, the mate- vate school she was attending just three bent Rick Perry in the state’s Republican weeks ago. rial was ordered to be printed in the gubernatorial primary, challenged him to The sophomore was eager to go back to RECORD, as follows: ask the legislature for $1.2 billion in hurri- class. But, after years of going to private [From Time Magazine, Sept. 19, 2005] cane-related funds. (He declined.) Texas edu- schools—and with so much of the rest of her PUBLIC BAILOUT. PRIVATE AGENDA? cators are worried that they will be punished life up in the air—she just couldn’t handle in the form of even less federal cash if making the switch to public schools right (By David Van Biema) Katrina’s influx keeps them from meeting now. Houston Independent School District su- the conditions of Bush’s No Child Left Be- Luckily, she didn’t have to. perintendent Abelardo Saavedra’s week hind Act and an earlier law that benefits the A growing number of private schools in started poorly, got worse and then, thanks to children of the homeless. Middle Tennessee, including the prestigious the healing powers of federal dollars, took a Spellings’ proposal eased those tensions Webb School that Teresa now attends, have turn toward the jubilant. Saavedra’s 305 while creating others, most sharply over the volunteered to accept students displaced by schools are educating more of the Gulf possible erosion of the church-and-state bar- Hurricane Katrina. Many of them also are ei- Coast’s evacuee students than any other dis- rier. Her department noted that in Louisi- ther waiving or drastically discounting tui- trict in Texas, which in turn is housing more ana’s flood-impacted communities, 25% of tion and fees for these students, and some evacuees than any other state. On Tuesday, the students had been enrolled in private also accept evacuees from public schools. all that generosity seemed to backfire when schools—should government simply ignore ‘‘It just happened immediately. They’re a group of Katrina kids billeted in the Astro- them? ‘‘We are not provoking a voucher de- just really welcoming and accepting,’’ said dome rumbled with local Texans at one of bate,’’ Spellings contended, ‘‘as much as try- Teresa, 15, one of four evacuees now attend- Saavedra’s schools, sending five students to ing to provide aid for these displaced fami- ing the private boarding school for grades 6– jail and three to a hospital. The scene did lies, whether they have been in private 12. ‘‘The students and teachers are very nice not recur, but by Thursday, Saavedra had an schools or public schools.’’ Her proposal and always want to help us with whatever we even greater problem: math. The long-term seems carefully crafted to avoid substantive need.’’ cost of serving 4,700 evacuee students, times constitutional objections. Although it calls At lease 50 private schools in Tennessee— an average estimated annual student cost of for the distribution of the public-school including the 22 Catholic elementary, middle $7,500, equals a total of $35.2 million—and the funds primarily through districts, the pri- and high schools in the Midstate—have ex- pre-hurricane Bush Administration commit- vate-school money is directed not to schools pressed a willingness to help. No one is re- ment was only 9% of pupil cost. but to families, in keeping with the concerns quired to track displaced students who enroll On Friday, however, Saavedra was ec- of the 2002 Supreme Court decision allowing in private schools statewide, but 390 have en- static. At a press conference in one of the private-school vouchers so long as the par- rolled in the dozen or so schools that re- Houston district’s middle schools, Education ents retain a ‘‘true private choice’’ as to ported their numbers to the state Depart- Secretary Margaret Spellings announced where their children learn. ment of Education. that the Federal Government would request Nonetheless, the proposal represents a Some schools have room only for a few. $2.6 billion from Congress to pay 90% of the major, if legal, shift toward government ac- Others, including Father Ryan High School average cost of educating each Katrina stu- tivism. According to Chester E. Finn Jr., in Nashville, are trying to accommodate all dent, whether publicly or privately, up to a president of the Thomas B. Fordham Foun- who show up. ceiling of $7,500 apiece. ‘‘From 9% to 90%,’’ dation, which promotes school reforms, the ‘‘Our school’s mission is to be an example Saavedra said afterward, with the dazed ela- number of children receiving government of the living gospel, and these children are in tion of a lottery winner. money for private school is roughly 30,000, crisis. They have been displaced, but they Spellings’ announcement had a lot of with a ‘‘handful’’ involving federal funds. have found a home,’’ said Jim McIntyre, school administrators smiling—although a The Spellings plan assumes roughly 60,000 principal of the 995-student Father Ryan

VerDate Aug 31 2005 23:51 Sep 20, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.009 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10209 High, which has 20 displaced students. ‘‘Even ing weeks. ‘‘I like it a lot here. I don’t want Not a house along the beaches was ei- though we don’t know these people, we know to go back.’’ ther there or inhabitable. And we con- these people. We are these people.’’ The PRESIDING OFFICER. The Sen- tinued to see the same thing all along The high school is waiving the $6,880 tui- tion, the $350 activity fee and the $400 to $600 ator has 2 minutes remaining. the coast. in books for displaced students it simply Mr. ALEXANDER. I thank the Chair. Again, television can capture one or calls ‘‘transfers.’’ Mr. President, on Thursday, at 3 two homes, but the concretelike ‘‘It’s not all about money. There’s no o’clock, the Education Subcommittee ‘‘gravestones’’ showed where homes amount of money that equals being family,’’ of the Health, Education, Labor, and used to be, and trees are already dying he said, noting that the school has accepted Pensions Committee will be holding a from the saltwater, which will damage Catholic and non-Catholic students. ‘‘I’ve hearing on helping all of Katrina’s dis- the whole coastal area for many years told these families that they’re a blessing to us because they’re giving us a chance to live placed schoolchildren, with the hopes to come. our mission.’’ that we can come up with a temporary These are completely different disas- Private schools don’t fall under the federal exceptional way to do this, not as a ters and different challenges for our law that requires public schools to imme- way of establishing a long-term change first responders. diately enroll displaced students and give in Federal policy, but as a way of help- In Mississippi, the houses themselves them busing, free meals and any required ing all schoolchildren today who were have been demolished by the wind and services. However, many private schools are displaced by Katrina who need help— storm, as we can see. In New Orleans, opening their doors and going the extra mile anyway. whether they are going to public the flooding has severely damaged the ‘‘We couldn’t sit quietly and do nothing. schools or private schools. homes. We felt a need to reach out,’’ said Albert Mr. President, I yield the floor. One thing both locations have in Cauz, headmaster of Webb School, which is The PRESIDING OFFICER. The Sen- common is that the homes will never waiving the $29,500 room and board for up to ator from South Carolina is recognized. again be inhabitable. The wind-dam- 30 students. ‘‘No one flinched. Everybody Mr. DEMINT. Mr. President, we have aged homes, those that still stand, will just responded with ‘What can we do to all been saddened to see the images of likely be declared a complete loss. help?’’’ The boarding school south of Nashville Hurricane Katrina’s devastation. I In New Orleans, the homes that were even allowed Teresa Castellon’s little sister, know the Presiding Officer has seen flooded are permanently damaged and Madeline, to stay in her private dorm room more of these images than perhaps are beyond repair. even though she’s too young to attend the anyone in the Senate. We have seen im- One of the positive stories that is school. The fourth-grader attends nearby ages of children who have lost their often lost in this tragedy is the amaz- Cascade Elementary and has found a surro- parents and families who have lost ing work performed by first responders, gate family in the Webb faculty members, their homes. These images break the especially those from the U.S. Coast who regularly invite her to dinner and take Guard. her on outings. heart of every American. ‘‘I like it here,’’ said Madeline, 9, who Hurricane Katrina created an area of Working hours on end in awful condi- misses her parents, involved in salvaging and destruction that is 90,000 square miles, tions, they rescued thousands of people rebuilding their home in New Orleans. roughly the size of Great Britain. and are, without question, true heroes. The private schools that do reach out are Homes have been leveled, roads are un- I visited the Coast Guard aviation filling a huge need because the four Lou- usable, bridges have crumbled, and training center in Mobile, AL, which isiana parishes hardest hit by the storm had was transformed from a few hundred an above-average number of students en- hundreds of thousands of lives will be rolled in private school. They had 61,000 of forever changed. personnel before the storm to nearly the 187,000 students there, or roughly 32% of As the chairman of the Commerce 1,200 personnel after the storm. The students in kindergarten through grade 12, Committee’s Disaster Prediction and Coast Guard sent people from all according to the U.S. Department of Edu- Prevention Subcommittee, I traveled around the Nation to run rescue oper- cation. with the Coast Guard to the gulf coast ations 24 hours a day. Coast Guardsmen Shane Persich, 17, said his New Orleans earlier this month. We viewed the from all over the Nation, as far away school, Brother Martin High, is underwater coasts of Mississippi, Alabama, and as Alaska, answered the call and came and he appreciated being able to go to Fa- ther Ryan. He started his senior year at the Louisiana. to the rescue of their fellow citizens. all-boys school shortly before his family What became immediately clear to To date, first responders have been re- evacuated and ended up in Nashville, where me was that television cannot accu- sponsible for saving approximately they’re staying with family. rately convey what happened. The dev- 49,000 lives, 33,000 by the Coast Guard ‘‘I like it a lot but sometimes after class astation is massive and comprehensive. alone. That is more than six times the you get a little lonely. I do. And you want to Seeing a home demolished on tele- number they saved in all of 2004. go home but then you don’t want to be vision begins to communicate the trag- The impact to the coast is going to home.’’ he said, adding that his home has se- be a long-term issue. The storm has vere wind damage. ‘‘Your senior year you’re edy, but seeing 60 to 70 miles of that re- supposed to rule the school. Now it’s like peated over and over again is heart- had a significant impact on the trees in starting all over again.’’ breaking and almost impossible to the region. You can see significant por- Many displaced students who enroll in pri- comprehend. tions of the area along the coastline vate and public schools don’t have access to As we can see from these slides, be- where trees are dead. These trees were their medical or academic records so coun- ginning in New Orleans, during the hel- a natural obstacle to erosion, and now selors have to help them reconstruct their icopter trip, from a distance, we could that protection will be missing for a transcripts and find classes they need to see the waters covering everywhere. number of years. Boats can be seen graduate. ‘‘We want to get their schedule identical to From a few feet above the water, you among the trees far inland. The gulf the one they had. We don’t know if they’re could also smell the contamination coast is our Nation’s largest provider going to be here on week, two weeks or a from oil and sewage. It is unbelievable of shrimp and oysters. Their way of life year,’’ said Connie Hansom, Father Ryan’s what the folks there are having to deal has been destroyed. It was clear from director of admission, who assigns two stu- with. the boats I saw stranded inland, some- dents ambassadors to help each displaced To continue, at the time, the water times on rooftops, that the gulf’s fish- student. ‘‘We do whatever we can do to make was still up to the rooftops. The Coast ing industry will need years to recover. them feel a part. We don’t want them to stand out.’’ Guard captain who was with me told But while Hurricane Katrina was cer- Olivia Milton, a sophomore at Father me when they first arrived the day tainly one of the worst disasters to Ryan, will soon return to Covington, La, be- after the hurricane, about 70 percent of ever hit our Nation, it has also brought cause her all-girls Catholic high school is re- these roofs had people on them who out the greatest outpouring of compas- opening and taking in students from sur- needed to be rescued. sion from American citizens. rounding high schools. She said her time at We became very aware that we had In my State of South Carolina, fami- Father Ryan and the way she was welcomed two disasters: in New Orleans, contin- lies have opened their wallets and will help her reach out to the displaced stu- ued flooding; and along the entire coast homes to affected people. Our State dents who transfer into her high school back home. of Mississippi, it was as though a hand knows all too well the tragic effects ‘‘I’ll get to return the favor,’’ said Olivia, had wiped everything off a table. Ev- hurricanes can bring, and we have 15, who will be back in Louisiana in the com- erything was completely destroyed. often been the recipient of help from

VerDate Aug 31 2005 23:51 Sep 20, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.003 S20SEPT1 S10210 CONGRESSIONAL RECORD — SENATE September 20, 2005 other States. We remember the show of and Drug Administration, and Related Agen- beef products in 2004. Nationally, the support from the gulf when we were cies for the fiscal year ending September 30, numbers are even more compelling. struck by Hurricane Hugo, and South 2006, and for other purposes. The U.S. beef industry is worth an esti- Carolinians have not been hesitant to Pending: mated $175 billion, with cattle pro- come to the gulf’s rescue. Well over Bennett-Kohl amendment No. 1726, to ducers conducting business in all 50 2,000 South Carolina families have con- amend the Rural Electrification Act of 1936. States and operating 800,000 individual tacted our Red Cross to offer whatever Reid (for Nelson of Nebraska) amendment farms and ranches. The economic im- assistance is needed. It is now esti- No. 1732, to prohibit the use of funds for de- pact of the beef industry contributes to veloping a final rule with respect to the im- mated that up to 5,000 evacuees are portation of beef from Japan. nearly every county in the Nation, and being hosted in South Carolina, either they are a significant economic driver The PRESIDING OFFICER. The Sen- by individual families or in shelters in rural communities. ator from Nebraska. such as the Palmetto Expo Center in Demand for beef continues to in- Greenville. AMENDMENT NO. 1732 crease, up nearly 20 percent since 1998. The South Carolina National Guard Mr. NELSON of Nebraska. Mr. Presi- With 94.9 million cattle reported to be has also joined in the relief effort. dent, I rise to speak about efforts to re- in the United States as of January 2004, Nearly 350 of them have been to the sume normal beef trading relationships there are 1.4 million jobs directly at- gulf to help. Countless churches and with Japan. I thank my colleagues tributed to the beef industry. It is not civic organizations have taken their from my neighboring beef States for a surprise that both the National own initiatives to organize relief ef- their leadership and support and so Cattlemen’s Beef Association and R- forts. From fundraising drives to col- many others for their efforts in seeking Calf United Stockgrowers of America lections and delivery of supplies, to a bipartisan resolution to this matter. have weighed in on the significance of driving to the region to volunteer in As I travel through Nebraska, at- their industry and the importance of any capacity needed, the people of tending events and participating in having access to valuable markets South Carolina have risen to the occa- summer parades throughout the large- throughout the world. With beef and sion. This show of support is so encour- ly rural landscape, I am constantly re- beef variety meat exports accounting aging to me about our State and the minded of the importance of our beef for approximately $3.8 billion in 2003 state of our Nation. Americans are car- industry. Prominently displayed on alone, it is important to recognize ing and compassionate, and we will many vintage cars and pickup trucks NCBA’s and R–CALF USA’s statements work side by side with our fellow citi- are generic black and yellow license on the USDA proposed rule that is the zens to rebuild and bring hope back to plates that boast a clear message— subject of my amendment. the gulf coast. ‘‘Nebraska, the Beef State.’’ While it is On August 22, R–CALF USA stated This afternoon my Subcommittee on unlikely any modern day automobile in that this is an example of ‘‘USDA tilt- Disaster Prevention and Prediction Nebraska now or in the future will ing the playing field away from inde- will be hearing from the Director of the sport that yellow and black plate of pendent U.S. cattle producers by con- National Hurricane Center and wit- old, our billboard slogan, ‘‘the Beef tinuing to give market access before nesses from the gulf coast region on State,’’ is still the message people we gain market access.’’ what the Government got right in ad- equate with Nebraska. I ask unanimous consent that the R– vance of the storm and how we can rep- I am here to address an important CALF USA statement be printed in the licate that in the future to protect our amendment that will suspend the rule- RECORD. Nation’s coastal communities. Our making process the United States De- There being no objection, the mate- most powerful defense against hurri- partment of Agriculture has proposed rial was ordered to be printed in the canes is accurate prediction and effec- and published in the August 18, 2005 RECORD, as follows: tive evacuation. I look forward to their printing of the Federal Register in a R–CALF UNITED STOCKGROWERS OF AMERICA testimony and am confident it will pro- rule entitled ‘‘Importation of Whole APHIS’ PLAN TO LIFT JAPAN BEEF BAN vide important lessons for America’s Cuts of Boneless Beef from Japan.’’ The PREMATURE emergency planners. formal public comment period was R–CALF USA expressed disappointment I yield the floor and suggest the ab- closed yesterday so prompt Senate ac- with the U.S. Department of Agriculture’s sence of a quorum. tion is imperative. At the time the rule Animal and Plant Health Inspection Service was published, the Nebraska Cattle- (USDA–APHIS) proposed rule titled ‘‘Impor- The PRESIDING OFFICER (Mr. tation of Whole Cuts of Boneless Beef from SUNUNU). The clerk will call the roll. men, a grassroots organization whose individual producer members deter- Japan,’’ published in Thursday’s Federal The assistant legislative clerk pro- Register (70 Fed. Reg. 48,494) to amend the ceeded to call the roll. mine issues of importance to the Ne- agency’s regulation for the importation of Mr. NELSON of Nebraska. Mr. Presi- braska beef industry, wrote to me to meat and other edible animal products that dent, I ask unanimous consent that the request a stepped-up effort to convince would allow Japan to export boneless cuts of order for the quorum call be rescinded. Japan to resume imports of United beef to the United States. The PRESIDING OFFICER. Without States beef. In their letter they stated: ‘‘This is another example of the USDA tilt- ing the playing field away from independent objection, it is so ordered. [n]ormalization of beef trade must be pro- gressively pursued because it impacts the U.S. cattle producers by continuing to give f state’s economy and because responsible market access before we gain market ac- CONCLUSION OF MORNING trading partners treat each other fairly and cess,’’ said R–CALF USA President and Co- justly. Founder Leo McDonnell. BUSINESS ‘‘In addition, USDA has yet to implement The PRESIDING OFFICER. Morning The letter continues: the scientifically recommended measures to business is closed. [t]rade should not be based on politics and prevent the potential for BSE amplification protectionism. if it is introduced through imports,’’ said f I couldn’t agree more. Trade must be Missouri veterinarian and R–CALF USA Re- AGRICULTURE, RURAL DEVELOP- based on fair play. Free trade must in- gion VI Director Max Thornsberry. ‘‘USDA’s MENT, FOOD AND DRUG ADMIN- own scientists have strongly and consist- clude a vision of fair trade. I am going ently advised the agency to strengthen the ISTRATION, AND RELATED to step back a moment to state why AGENCIES APPROPRIATIONS U.S. feed ban by prohibiting plate waste this is so important to me and the from cattle feed before the U.S. lifts its ban ACT, 2006 hard-working cattle producers and beef on imported beef from any country where The PRESIDING OFFICER. Under processors in my State. In the beef BSE exists.’’ the previous order, the Senate will re- State, cattle outnumber people four to Thornsberry, who also chairs the R–CALF sume consideration of H.R. 2744, which one and more than one of every five USA Animal Health Committee, explained the clerk will report. steaks and hamburgers in the Nation that the plate waste loophole would allow the uneaten portions of imported beef from The assistant legislative clerk read comes from my State. According to BSE affected countries served at domestic as follows: USDA, Nebraska ranks first in com- restaurants to potentially enter the food A bill (H.R. 2744) making appropriations mercial cattle slaughter, processing chain for U.S. cattle. Although Japan cur- for Agriculture, Rural Development, Food over 4 million metric tons of beef and rently performs a BSE test on all cattle

VerDate Aug 31 2005 02:03 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.011 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10211 slaughtered for human consumption, nothing Japanese beef, for the benefit of the Japa- science. The framework agreement states, in this rule indicates importation of beef nese cattle industry. This is the type of in- the ‘‘two countries will resume two-way from Japan would be required to cease if consistent treatment of the U.S. cattle in- trade in beef and beef products, subject to Japan decides to stop testing for BSE. dustry that continues to erode industry con- their respective domestic approval processes, ‘‘Ironically, while the USDA ignores this fidence in the USDA.’’ based upon science.’’ potential pathway for BSE infectivity, Japan ‘‘USDA cannot—with complete disregard NCBA members believe our beef has every has prohibited the feeding of plate waste to for established science—keep moving the bar right to compete for its share of the 96 per- cattle since 2002. Japan has gone much fur- to suit its political agenda,’’ Thornsberry cent of the world’s population that lives out- ther in developing systems to prevent expo- emphasized. ‘‘It is a disservice to our trading side the United States. Not only do U.S. cat- sure of cattle to BSE by prohibiting the feed- partners, a disservice to U.S. cattle pro- tle and beef producers produce the best beef ing of blood meal and poultry meal.’’ ducers, and a disservice to global trade rela- in the world, scientists agree beef is safe Thornsberry explained that while Japan tions. from BSE. did not have a feed ban in place prior to 2001, USDA will consider public comments on its Mr. NELSON of Nebraska. Over the it has since adopted the most stringent BSE Proposed Rule that are submitted before or past few days, much has been done to risk-mitigation measures recommended by on Sept. 19. For more information on making elevate the discussion on the need to science, and will likely eradicate the disease comments, or to view the Proposed Rule, resume a normal trade relationship from its cattle herds long before countries please visit www.r-calfusa.com and click on with the Government of Japan. Last like Canada, which has chosen not to adopt ‘‘BSE-Litigation.’’ week I joined Congressman TOM stringent risk-mitigation procedures. Can- Mr. NELSON of Nebraska. I also have ada has chosen to implement only the mini- OSBORNE of Nebraska in a letter to a statement from NCBA in reaction to USDA Secretary Mike Johanns, urging mal BSE-protection measures, despite rec- the rule that states it ‘‘will not support ognition of multiple cases of the disease in the Secretary to delay the proposed Alberta. finalization of this proposed rule until rule until such time as Japan com- ‘‘It is a real irony that while USDA sup- Japan has completed its process and pletes its process and accepts beef from ports its proposed rule based on the fact that accepts beef from the United States.’’ the United States. Another letter was Japan conducts BSE tests on all cattle I ask unanimous consent to have the sent to Secretary Johanns at approxi- slaughtered in Japan, thereby ensuring that NCBA statement, dated August 19, 2005, mately the same time by a number of BSE-infected cattle are removed from the printed in the RECORD. my Senate colleagues—Senators ROB- food chain, the agency continues to prohibit There being no objection, the mate- ERTS, CORNYN, CRAIG, BURNS, CRAPO, U.S. packers from voluntarily testing for rial was ordered to be printed in the BSE to meet Japan’s testing requirements, ALLARD, HUTCHISON, THOMAS, THUNE, RECORD, as follows: and as a means of restoring other U.S. export and fellow Nebraskan Senator HAGEL. markets,’’ said Thornsberry. NCBA STATEMENT ON USDA PROPOSED RULE Their letter emphasizes that Japan ‘‘The U.S. cattle industry deserves con- TO ALLOW BONELESS BEEF FROM JAPAN must lift this unnecessary embargo, sistent and science-based standards from (By Jim McAdams) stating that U.S. ranchers and rural USDA, but this proposed rule is inconsistent Yesterday, the U.S. Department of Agri- communities cannot continue to bear with what the agency has stated are nec- culture published a proposed rule in the Fed- the economic uncertainty resulting essary standards for reopening U.S. export eral Register titled: Importation of Whole markets with countries the agency considers Cuts of Boneless Beef from Japan. from bad international policy. They to be minimal risk for BSE,’’ said McDon- NCBA will not support finalization of this added that it would be difficult for nell. proposed rule until Japan has completed its Congress to accept any admission of McDonnell explained that in January 2005, process and accepts beef from the United Japanese beef into the United States. I USDA published a major rule that set cri- States. Until both countries can agree to am thankful for their leadership and teria for determining whether imports from World Organization for Animal Health (OIE) recognition that USDA’s rulemaking a country would present a minimal risk of guidelines, any beef product coming into the effort should cease. introducing BSE into the United States. United States should meet the same require- Additional letters that I signed, While R–CALF USA has shown those criteria ments Japan has set for us. are insufficient, USDA now proposes to ig- This proposed rule would allow imports of again with bipartisan support, were nore its own rule and allow imports from boneless beef from Japan into the United forwarded to President Bush and Sec- countries that do not meet the minimal-risk States if the product meets all U.S. safety retary of State Condoleezza Rice. The criteria.’’ standards, including removal of specified letters complimented the administra- Thornsberry also expressed concern about risk material. Historically, annual beef im- tion’s work in impressing upon Japa- USDA’s action. ports from Japan have been very small, aver- nese officials the importance of the re- ‘‘It is obvious from this rule that the aging 19,000 pounds in recent years, an sumption of trade and urged their con- USDA intends to open the U.S. market to amount equal to approximately one-half of tinuing efforts in making restoration countries that have identified cases of BSE one semi-trailer load. The highest level was of United States beef trade the highest within their domestic herds,’’ he explained. 33,510 pounds in 1999, which is less than what ‘‘It was thought that BSE affected countries one semi-trailer can haul. This Japanese economic priority with Japan. would have to meet the same requirements product has averaged $45 per pound. This amendment is simple and placed upon Canada, and thus be classified as The publication of this proposed rule be- straightforward. If passed, the amend- minimal risk countries prior to being cleared gins the U.S. rule-making process to fulfill ment would restrict funds made avail- to export into the U.S. marketplace. That our part of the framework agreement an- able in the Agriculture appropriations does not appear to be the case. nounced October 23, 2004 by U.S. and Japa- bill from being used by the Secretary ‘‘If the United States does not take a lead- nese officials. of Agriculture for the purpose of devel- ership role in upwardly harmonizing global There is no scientific basis for continued oping a final rule relating to the pro- import and export standards for beef from restrictions on boneless beef when safeguards countries affected by BSE, the U.S. will be- are in place. BSE infectivity has never been posed rule entitled ‘‘Importation of come the dumping ground for beef from found in muscle tissue. For these reasons, Whole Cuts of Boneless Beef from countries that have BSE endemic within the United States has repeatedly called on Japan,’’ to allow the importation of their cattle herds,’’ Thornsberry said. Japan to open the border to U.S. beef, and beef from Japan unless the President Also disappointing about USDA’s proposed NCBA calls for this action simultaneous to certifies to Congress that Japan has rule is that it clearly shows how the agency allowing imports of Japanese beef into the granted open access to Japanese mar- is subjecting U.S. cattle producers to a dou- United States. kets for beef and beef products pro- ble standard. The proposed rule requires NCBA will continue our aggressive push Japan to certify that exported beef was born, for the complete re-opening of all export duced in the United States. raised, and slaughtered in Japan. markets for U.S. beef. At NCBA’s continued While some have said this amend- ‘‘This is the very definition of origin that urging, re-establishing beef exports is at the ment is too restrictive, limiting the USDA found so objectionable in the Manda- top of the trade agenda at the White House, ability of the Agriculture Secretary to tory Country-of-Origin Labeling (M–COOL) USDA and Congress. The President, Sec- negotiate with Japan, I see it another law passed by Congress in the 2002 Farm Bill retary of State, Secretary of Agriculture, way. I see it as simply applying the and intended to benefit U.S. cattle pro- U.S. Trade Representative and several sen- same policy Japan has in place against ducers,’’ said McDonnell. ‘‘USDA has repeat- ators and congressmen are actively pursuing United States beef. edly claimed there is no food-safety basis for this goal. NCBA also has traveled to Japan I think it strengthens the Secretary’s COOL and that the ‘born, raised and slaugh- to meet with government officials to give hand by sending Japan the clear mes- tered’ standard is both unnecessary and un- them the assurances they need that U.S. beef workable. Yet, in its proposed rule, USDA is is safe from BSE. sage that the Senators from beef-pro- using the ‘born, raised, and slaughtered’ NCBA will not rest on this issue until ducing States and from our neigh- standard in COOL to assure the safety of there is harmonization of beef trade based on boring States are not going to drop

VerDate Aug 31 2005 23:51 Sep 20, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.007 S20SEPT1 S10212 CONGRESSIONAL RECORD — SENATE September 20, 2005 this matter. Our beef is the safest and The assistant legislative clerk read rado, and is an integral part of Nebras- highest quality in the world. There is as follows: ka’s economy, as we just heard from no science-based reason for the embar- The Senator from Colorado [Mr. ALLARD], Senator NELSON about concerns that go to continue, and if they want to sell for himself, Mr. ROBERTS, Mr. CRAIG, Mr. apply to his State. This issue is par- beef here, then they need to let us sell BURNS, Mr. THUNE, and Mr. HAGEL, proposes ticularly important for the southern beef there. an amendment numbered 1738. and western parts of the United States. Finally, I cannot back down from a Mr. ALLARD. Mr. President, I ask Before the embargo, exports to Japan personal commitment to the folks back unanimous consent that the order for were approximately $100 million a home to aggressively pursue a Japa- the quorum call be dispensed with. month. Today, the border closure has nese market that in 2003 accounted for The PRESIDING OFFICER. Without cost us over $2 billion. Since the border $1.4 billion of the $1.7 billion beef ex- objection, it is so ordered. closure, 10,000 U.S. meat packers have port market. The amendment is as follows: lost their jobs. To address this we came Like Secretary Johanns, when he (Purpose: To express the sense of the Senate to an agreement with the Japanese on served as Governor of Nebraska, I have on the importation into the United States what it would take to open our borders traveled to Japan on numerous occa- of beef from Japan) to each other. The United States has sions touting the exceptional quality At the appropriate place, insert the fol- worked diligently to meet our end of and value of Nebraska beef and U.S. lowing: the agreement and to assure that we beef. Beef producers throughout the SEC. ll. It is the sense of the Senate that can resume trade with the Japanese. Nation produce a superior quality prod- the United States Government should not permit the importation into the United Yet even with all of our efforts, Ja- uct and have been very supportive of pan’s border remains closed. The Japa- Secretary Johanns’ continuing efforts States of beef from Japan until the Govern- ment of Japan takes appropriate actions to nese Government has made some on behalf of the U.S. beef industry as permit the importation into Japan of beef progress. Yet the process is becoming Secretary of Agriculture. from the United States. muddled underneath unnecessary bu- Unfortunately, bipartisan letters of Mr. BENNETT. Mr. President, I ask reaucracy on the part of the Japanese support have not been able to resolve unanimous consent that the vote in re- Government. this issue. A congressional response is The United States has a long com- warranted. That includes a strong lation to the Allard amendment No. mitment to producing the world’s statement that prematurely allowing 1738, to be followed by a vote in rela- safest food, and they still continue to Japan any access to our markets is tion to the Nelson amendment No. 1732, have that strong commitment. The simply unacceptable. occur at 11:20 a.m. today, with no Mr. President, I yield the floor. amendment in order to either amend- safety of U.S. beef is assured by sound The PRESIDING OFFICER. The Sen- ment prior to that time, and that the science based on policy. I emphasize ator from Utah. two votes occur in that order. I further that U.S. beef is both safe and deli- Mr. BENNETT. Mr. President, I am ask that there be 2 minutes between cious. The time has come for us to ex- interested in the subject which is the two votes for explanation. press our frustration as a collective raised by the Senator from Nebraska in The PRESIDING OFFICER. Without body. his amendment. There are some as- objection, it is so ordered. I, along with a number of my col- pects with relationship to it about Mr. ALLARD. Mr. President, if the leagues, met with the Ambassador which I would like to get a little more Senator from Utah will yield, I would from Japan to the United States a information. I would like to set the like to have an opportunity, with the number of months ago and was assured vote for 11:25 a.m. If I may, before we presentation of my amendment, to they were giving serious consideration lock that in, there are a few items I speak for 10 minutes, if I might. to the embargo they placed against would like to settle. Mr. BENNETT. The Senator from American beef because of, at that Mr. President, I suggest the absence Colorado should certainly take the point, one case of mad cow disease in of a quorum. time to explain his amendment. The the United States. They were rel- The PRESIDING OFFICER. The Senator from Nebraska has expressed a atively assured that the process was clerk will call the roll. desire to respond to the Senator from going to move along. We told them at The assistant legislative clerk pro- Colorado. I suggest that the time be- the time that we believed the process ceeded to call the roll. tween now and the vote be equally di- was being delayed. They assured us Mr. KOHL. Mr. President, I ask unan- vided between the Senator from Colo- they would move it along. imous consent that the order for the rado and the Senator from Nebraska, They did move it along. Last week or quorum call be rescinded. or should we say the Senator from Col- so, we did get our decision back from The PRESIDING OFFICER. Without orado have a little extra time because this commission in Japan, and it was objection, it is so ordered. it is his amendment. However we work unfavorable as far as allowing U.S. beef Mr. KOHL. Mr. President, I ask unan- this out, I think we should make sure to be imported into the country of imous consent that the Democratic both sides get an opportunity to speak. Japan. leader be recognized to speak at 2:15 Mr. ALLARD. Mr. President, how Japan has had a number of mad cow p.m. today. much time is remaining until the next disease cases. We have had only two The PRESIDING OFFICER. Without vote? cases. Both of those have not resulted objection, it is so ordered. in any other outbreaks. They have had Mr. KOHL. Mr. President, I suggest Mr. BENNETT. There is approxi- upwards into the teens of cases of mad the absence of a quorum. mately 10 minutes remaining until the The PRESIDING OFFICER. The vote. cow disease, and yet they are using, in clerk will call the roll. The PRESIDING OFFICER. There is my view, the mad cow disease as a rea- The assistant legislative clerk pro- approximately 10 minutes remaining. son to impose an embargo against ceeded to call the roll. Mr. ALLARD. Mr. President, I ask American beef. Mr. BENNETT. Mr. President, I ask unanimous consent that the time until We cannot stand aside and lose thou- unanimous consent that the order for the vote be equally divided, with 5 min- sands upon thousands of jobs in the the quorum call be rescinded. utes per speaker. beef industry as a result of this action. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without It is not based on good science. We objection, it is so ordered. objection, it is so ordered. have extremely good meat processing The Senator from Colorado. Mr. ALLARD. Mr. President, I thank procedures that protect human health AMENDMENT NO. 1738 the Senator from Utah, and I appre- in the United States, the best in the Mr. ALLARD. Mr. President, I ask ciate his leadership. world as far as I am concerned. I don’t that the pending amendment be laid The Government of Japan has main- think we have anything to be apolo- aside, and I ask that the clerk report tained an embargo on U.S. beef for getic for. Just because you recognize amendment No. 1738. more than 20 months. The beef indus- one or two cases of mad cow disease The PRESIDING OFFICER. Without try is an integral part of the U.S. econ- does not mean you have a problem. It objection, it is so ordered. The clerk omy. It is an integral part of the State may mean you are doing a good job. I will report. which I represent, the State of Colo- can think of countries that have not

VerDate Aug 31 2005 23:51 Sep 20, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.015 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10213 had any cases of mad cow disease and move forward until and unless the Jap- having arrived, the vote is scheduled to may very well have it. It may be they anese reopen their borders to our ex- occur in relation to the Allard amend- are not doing a good job, that they are ports. I think you can do both. I think ment. not checking for the disease, and if you one is a soft way, but the other sends a Without objection, the Senator from don’t check for it, you are not going to strong message. It is time for that Nebraska is recognized. find it. strong message. Everywhere I go across Mr. NELSON of Nebraska. I thank We have a very strict system of sur- Nebraska, I hear people say: How can the Chair. veillance in this country. When we this be? How can we continue to allow In fairness to both efforts, if we are process beef, we hold suspected animals our trading partner to treat us this going to adopt the Allard amendment if they show any clinical signs at all, way? I think the answer is we cannot, by a voice vote, is it possible then to whether it is a temperature or that and this is the way in which we stop it adopt the Nelson amendment by a they show any signs of being uncoordi- and we bring it to a head. voice vote as well? nated that might suggest mad cow dis- I thank the Chair. I yield the floor. Mr. ALLARD. I have no objection on ease—if this is the case we take them Mr. BENNETT. Mr. President, I this side, Mr. President. out of the processing lines until we would ask the Senators if they would Mr. BENNETT. Mr. President, I have a confirmation as to whether they allow us to do the Allard amendment think there will be some who might by a voice vote, given the fact that the are afflicted or not afflicted. want to vote against the Nelson Senator from Nebraska has suggested As a result of these frustrations, I amendment since the administration is he would be in support of this, and offer this sense-of-the-Senate resolu- opposed to it. Secretary Johanns has would allow us to do both. Perhaps we tion asking that the U.S. borders not made the statement to that effect. So could adopt the Allard amendment by a be open to Japanese beef imports until for those who are not here who might voice vote and then move to the yeas the Japanese borders are open to us. want to be on the record, I think we Mr. President, I yield the floor. and nays on the Nelson amendment. I would ask each Senator if they perhaps should have the yeas and nays The PRESIDING OFFICER. Who with respect to the Nelson amendment. yields time? would respond to the Chair how they might feel about that. I am happy to Mr. NELSON of Nebraska. Mr. Presi- The Senator from Nebraska. dent, it is hard to believe people might Mr. NELSON of Nebraska. I thank call for the yeas and nays on both amendments if that is what they would be inclined to vote against this amend- the Chair. ment, but if that is the choice, I would Mr. President, I respect my colleague like, but I have a sense that the Allard withdraw my suggestion. from Colorado and I certainly appre- amendment is probably going to pass The PRESIDING OFFICER. The ciate his support in working to reopen since the Senator from Nebraska has question is on agreeing to the Allard the borders with the country of Japan. indicated his position on it, and it may amendment. I feel like somebody on a trip asking be we can save the Senate some time The amendment (No. 1738) was agreed the question: Are we there yet? For 20 by having only one recorded vote rath- to. months we have been asking this ques- er than two. Mr. BENNETT. Mr. President, with tion: Are we there yet? The PRESIDING OFFICER. Without respect to the Nelson amendment, I The sense-of-the-Senate resolution is objection, the Senator from Nebraska ask for the yeas and nays. perhaps a softer way of saying to is recognized. Mr. NELSON of Nebraska. Mr. Presi- Japan, finish this project as quickly as The PRESIDING OFFICER. Is there a dent, I have no objection to that proce- you can so this process does not go on sufficient second? dure. I think it would perhaps save another 20 months. The truth is I think There appears to be a sufficient sec- time for the Senate. I believe the it is time to move beyond our soft talk ond. sense-of-the-Senate resolution should to harder talk. Perhaps this will help Under the previous order, the ques- be passed nearly unanimously by this the Japanese Government understand tion now is on agreeing to the Nelson body and it gives the opportunity for that we are very serious about this amendment. The clerk will call the those who want to take a stronger posi- roll. continuing nontariff trade barrier tion to be able to do it and be recorded against United States beef. It is ex- The legislative clerk called the roll. as a yea or nay. Mr. DURBIN. I announce that the tremely important to the economy of The PRESIDING OFFICER. The Sen- the State of Nebraska. It is important Senator from New Jersey (Mr. CORZINE) ator from Colorado. and the Senator from West Virginia to the economy of our country. What it Mr. ALLARD. The Senator from Ne- (Mr. ROCKEFELLER) are necessarily ab- boils down to is it is unfair. There is no braska and myself are on the same sound science that justifies the action sent. page. We are both greatly disappointed The PRESIDING OFFICER (Mr. that has been taken. With two cases of that the negotiations from Japan have mad cow detected in the United States, BURR). Are there any other Senators in not been progressing well at this par- the Chamber desiring to vote? one coming from Canada, statistically ticular point. I think we need to recog- The result was announced—yeas 72, it is nonexistent in terms of the mil- nize that the State Department has nays 26, as follows: lions of head of cattle that are sent to been working hard on this issue as well slaughter every year. as the Department of Agriculture. In [Rollcall Vote No. 236 Leg.] When you look at the situation, you fact, I have been told as recently as YEAS—72 have to ask yourself the question of yesterday that the Secretary of State Akaka Dodd Murray why has it taken so long, 20 months, has had discussions with the Ambas- Allen Domenici Nelson (FL) for this process. Baucus Dorgan Nelson (NE) sador from Japan. I do think we need Bayh Durbin Obama Now, I am at times frustrated by our to do something on this floor to send a Biden Ensign Pryor own bureaucracy, but I think on its strong message to Japan about our Bingaman Enzi Reed worst day, our bureaucracy can’t com- concerns about their continuing to Bond Feingold Reid Boxer Feinstein Roberts pete with this process that has contin- apply an embargo against United Brownback Graham Santorum ued to delay and delay and delay this States beef. It is blatantly unfair and Burns Harkin Sarbanes whole effort to try to reopen the trade scientifically doesn’t stand up. Byrd Hutchison Schumer between the United States and Japan Cantwell Inhofe Sessions As far as I am concerned, we can go Carper Jeffords Shelby for cattle. ahead and adopt the Allard amendment Chambliss Johnson Smith I suggest we can do both. We can pass by a voice vote or unanimous consent, Clinton Kennedy Snowe a sense-of-the-Senate resolution which however the chairman wishes to pro- Coburn Kerry Specter Coleman Kohl Stabenow perhaps says in its own way that we ceed. Then these things perhaps can Collins Landrieu Talent need to reopen the trade borders and get refined better in conference com- Conrad Lautenberg Thomas knock down these trade barriers. But I mittee when we work through this Cornyn Leahy Thune think we also need to say that we can- Craig Levin Vitter process in conference committee. Crapo Lieberman Voinovich not move forward through the USDA The PRESIDING OFFICER. Under Dayton Lincoln Warner until—not suggest but say we cannot the previous order, the hour of 11:20 DeWine Mikulski Wyden

VerDate Aug 31 2005 23:51 Sep 20, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.016 S20SEPT1 S10214 CONGRESSIONAL RECORD — SENATE September 20, 2005 NAYS—26 Mr. ALLARD. Mr. President, I ask tional responsibilities is to provide ad- Alexander Frist Lugar unanimous consent that reading of the vice and consent with respect to a Allard Grassley Martinez amendment be dispensed with. President’s nominations. The task is Bennett Gregg McCain especially important when the nomina- Bunning Hagel The PRESIDING OFFICER. Without McConnell tion is an individual to be Chief Justice Burr Hatch Murkowski objection, it is so ordered. Chafee Inouye Salazar The amendment is as follows: of the United States. No one doubts Cochran Isakson Stevens On page 93, line 9, before the period at the John Roberts is an excellent lawyer DeMint Kyl Sununu and a very affable person. But at the Dole Lott end insert the following:‘‘: Provided further, That the Secretary, through the Agricul- end of this process, frankly, I have too NOT VOTING—2 tural Research Service, or successor, may many unanswered questions about the Corzine Rockefeller lease approximately 40 acres of land at the nominee to justify a vote confirming The amendment (No. 1732) was agreed Central Plains Experiment Station, Nunn, him to this enormously important life- to. Colorado, to the Board of Governors of the time position. Mr. NELSON of Nebraska. I move to Colorado State University System, for its The stakes for the American people Shortgrass Steppe Biological Field Station, could not be higher. The retirement of reconsider the vote. on such terms and conditions as the Sec- Mr. BENNETT. I move to lay that retary deems in the public interest: Provided Justice O’Connor and the death of motion on the table. further, That the Secretary understands that Chief Justice Rehnquist have left the The motion to lay on the table was it is the intent of the University to construct Supreme Court in a period of transi- agreed to. research and educational buildings on the tion. On key issues affecting the rights The PRESIDING OFFICER. The Sen- subject acreage and to conduct agricultural and freedoms of Americans, the Court ator from Utah. research and educational activities in these is closely divided. If confirmed, Judge Mr. BENNETT. Mr. President, on buildings: Provided further, That as consider- Roberts, who is only 50 years old, will Thursday of last week, when Senator ation for a lease, the Secretary may accept likely serve as Chief Justice and leader KOHL and I laid down the bill, I made the benefits of mutual cooperative research of the third branch of the Federal Gov- the point that while there are no direct to be conducted by the Colorado State Uni- ernment for many decades. emergency aid funds in the bill, there versity and the Government at the Shortgrass Steppe Biological Field Station: The legal authority we will hand to are funds for many of the programs Provided further, That the term of any lease Judge Roberts by this confirmation that would aid the victims of Hurri- shall be for no more than 20 years, but a vote is awesome. We should only vote cane Katrina and, frankly, programs lease may be renewed at the option of the to confirm this nominee if we are abso- they badly need. Secretary on such terms and conditions as lutely positive that he is the right per- To point out some of the increases the Secretary deems in the public interest’’. son to hold that authority. For me, over the fiscal year 2005 level that have Mr. ALLARD. Mr. President, very this is a very close question, but I must impact on Katrina that are in this bill: briefly, what this amendment does is it resolve my doubts in favor of the $16.6 million for food defense activities just allows Colorado State University American people whose rights would be at FDA; $36.2 million for food safety ac- to lease land from the Agricultural Re- in jeopardy if John Roberts turns out tivities at USDA; nearly $250 million in search Service. It is not a controversial to be the wrong person for this job. loan authorizations for rural housing, provision. Some say the President is entitled to including housing repair; $1.1 billion in I ask unanimous consent it be adopt- deference from the Senate in nomi- rural utility loan authorizations for ed. nating individuals to high office. I rural water and electric loans; $22 mil- The PRESIDING OFFICER. Is there agree that deference is appropriate in lion for the Women, Infants and Chil- further debate on the amendment? the case of executive branch nominees dren feeding program; and $5.6 billion Is there objection to the unanimous such as Cabinet officers. With some im- in food stamps. These are all issues consent request? portant exceptions, the President may that affect the victims of Hurricane Without objection, it is so ordered. generally choose his own advisers. In Katrina, and every State and every cit- The amendment is agreed to. contrast, the President is not entitled izen will benefit from the programs in The amendment (No. 1737), as modi- to much deference in staffing the third this bill. So I hope we can move for- fied, was agreed to. branch of Government, the judiciary. ward with it in an expeditious fashion. Mr. BENNETT. I move to reconsider The Constitution envisions that the The USDA and FDA, the principal the vote with respect to the Allard President and the Senate will work to- agencies funded in this bill, are work- amendment. gether to appoint and confirm Federal ing under very difficult conditions to Mr. ALLARD. I move to lay that mo- judges. This is a shared constitutional address the needs in the hurricane-af- tion on the table. duty. The Senate’s role in screening ju- fected areas. FDA has had to transfer The motion to lay on the table was dicial candidates is especially impor- tant in the case of Supreme Court 50 employees from their regional office agreed to. in New Orleans to Nashville, and USDA nominees because the Supreme Court has had to relocate several hundred f has assumed such a large role in resolv- employees to keep its programs going. RECESS ing fundamental disputes in our civic life. Any nominee for the Supreme So I hope we can do our best to effec- Mr. BENNETT. Mr. President, I know tively and quickly get this bill moving. Court bears the burden of persuading of no other amendments available to the Senate and the American people I urge those who have amendments to us. Unless someone wishes to speak in the bill to come to the floor and help that he or she deserves a confirmation morning business between now and the to a lifetime seat on that Court. us with this bill. time we routinely break for the policy We have one amendment which I un- First, I start by observing that John lunches, I ask unanimous consent that derstand has been cleared, and the Sen- Roberts has been a thoughtful, main- the Senate stand in recess until 2:15 ator from Colorado has that amend- stream judge on the DC Circuit Court p.m. ment. of Appeals, but he has only been a The PRESIDING OFFICER. The Sen- There being no objection, the Senate, member of that court for 2 years and ator from Colorado is recognized. at 12:10 p.m., recessed until 2:15 p.m. has not confronted many cutting-edge and reassembled when called to order AMENDMENT NO. 1737, AS MODIFIED constitutional issues, if any. As a re- by the Presiding Officer (Mr. SUNUNU). Mr. ALLARD. Mr. President, I send sult, we cannot rely on his current ju- The PRESIDING OFFICER. Under to the desk amendment No. 1737, as dicial service to determine what kind the previous order, the Democratic modified. of a Supreme Court Justice he would The PRESIDING OFFICER. The leader is recognized. be. clerk will report the amendment. f I was very impressed with Judge Rob- The assistant legislative clerk read erts when I first met him in my office NOMINATION OF JOHN ROBERTS as follows: soon after he was nominated, but sev- TO BE CHIEF JUSTICE The Senator from Colorado [Mr. ALLARD] eral factors caused me to reassess my proposes an amendment numbered 1737, as Mr. REID. Mr. President, one of the initial view. Most notably, I was dis- modified. Senate’s most important constitu- turbed by the memos that surfaced

VerDate Aug 31 2005 23:51 Sep 20, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.006 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10215 from Judge Roberts’ years of service in in a nonpublic memo, but I was I thank the Chair and suggest the ab- the Reagan administration. These stunned when at his confirmation hear- sence of a quorum. memos raise serious questions about ing he could not bring himself to ex- The PRESIDING OFFICER. The the nominee’s approach to civil rights. press regret for using that term or rec- clerk will call the roll. It is now clear that as a young lawyer, ognize that it might cause offense. The assistant legislative clerk pro- John Roberts played a significant role My concerns about these Reagan-era ceeded to call the roll. in shaping and advancing the Repub- memos were heightened by the fact Mr. DURBIN. Mr. President, I ask lican agenda to roll back civil rights that the White House rejected a rea- unanimous consent that the order for protections. He wrote memos opposing sonable request by committee Demo- the quorum call be rescinded. legislative and judicial efforts to rem- crats for documents written by Judge The PRESIDING OFFICER. Without edy race and gender discrimination. He Roberts when he served in the first objection, it is so ordered. urged his superiors to oppose Senator Bush administration. After all, if f KENNEDY’s 1982 bill to strengthen the memos written 23 years ago are to be AGRICULTURE, RURAL DEVELOP- Voting Rights Act and worked against dismissed as not reflecting the nomi- MENT, FOOD AND DRUG ADMIN- affirmative action programs. He de- nee’s mature thinking, it would be ISTRATION, AND RELATED rided the concept of comparable worth highly relevant to see memos he had AGENCIES APPROPRIATIONS and questioned whether women actu- written as an older man in an even ACT, 2006—Continued ally suffered discrimination in the more important policymaking job. The workplace. White House claim of attorney-client AMENDMENT NO. 1747 No one is suggesting John Roberts privilege to shield these documents is Mr. DURBIN. Mr. President, I believe was motivated by bigotry or animosity utterly unpersuasive. Senator LEAHY, this has been cleared on the other side. toward minorities or women, but these ranking member of the Judiciary Com- Mr. President, I send an amendment memos lead one to question whether he mittee, asked Attorney General to the desk on behalf of Senator REID truly appreciated the history of the Gonzales for the courtesy of a meeting and ask for its immediate consider- civil rights struggle. He wrote about to discuss the matter and was turned ation. discrimination as an abstract concept, down. This was simply a matter of The PRESIDING OFFICER. Without not as a flesh-and-blood reality for stonewalling. objection, the pending amendments countless of his fellow citizens. The The failure of the White House to will be set aside. memos raised a real question for me produce relevant documents is reason The clerk will report. whether their author would breathe enough for any Senator to oppose this The assistant legislative clerk read life into the equal protection clause nomination. The administration can- as follows: and the landmark civil rights statutes not treat the Senate with such dis- The Senator from Illinois [Mr. DURBIN], for that come before the Supreme Court respect without some consequence. In Mr. REID, proposes an amendment numbered repeatedly. Nonetheless, I was prepared the absence of these documents, it was 1747. to look past these memos and chalk especially important for the nominee Mr. DURBIN. Mr. President, I ask them up to the folly of youth. I looked to fully and forthrightly answer ques- unanimous consent that the reading of forward to the confirmation hearings tions from committee members at his the amendment be dispensed with. in the expectation that Judge Roberts hearing. He failed to do so adequately. The PRESIDING OFFICER. Without would repudiate those views in some I acknowledge the right—indeed, the objection, it is so ordered. fashion. However, the nominee adopted duty—of a judicial nominee to decline The amendment is as follows: what I considered a disingenuous strat- to answer questions regarding specific (Purpose: To provide for minimum prices for egy of suggesting that the views ex- cases that will come before the Court milk handlers) pressed in those memos were not his, to which the witness had been nomi- On page 173, after line 24, insert the fol- even at the time the memos were writ- nated. But Judge Roberts declined to lowing: ten. That is what he said. He claimed answer many questions more remote SEC. 7ll.(a) Section 8c(5) of the Agricul- he was merely a staff lawyer reflecting than that, including questions seeking tural Adjustment Act (7 U.S.C. 608c(5)), reen- the positions of his client, the Reagan his views of long-settled legal prece- acted with amendments by the Agricultural administration. Marketing Agreement Act of 1937, is amend- dent. ed by adding at the end the following: Anyone who has read the memos can Finally, I was very swayed by the ‘‘(M) MINIMUM MILK PRICES FOR HAN- see that Roberts was expressing his testimony of civil rights and women’s DLERS.— own personal views on these important rights leaders against the confirma- ‘‘(i) APPLICATION OF MINIMUM PRICE RE- policy matters. In memo after memo, tion. When a civil rights icon such as QUIREMENTS.—Notwithstanding any other the text is very clear. It is simply not John Lewis, one of my American he- provision of this section, a milk handler de- plausible for the nominee to claim he roes, appears before the committee and scribed in clause (ii) shall be subject to all of did not share the views he personally says John Roberts was on the wrong the minimum and uniform price require- expressed. For example, there is a side of history, I take note. Senators ments of a Federal milk marketing order memo in which he refers to the Equal issued pursuant to this section applicable to should take notice. the county in which the plant of the handler Employment Opportunity Commission I personally like Judge Roberts. I re- is located, at Federal order class prices, if as ‘‘un-American.’’ If Judge Roberts spect much of the work he has done in the handler has packaged fluid milk product had testified that this was a 20-year-old his career. For example, his advocacy route dispositions, or sales of packaged fluid bad joke, I would have given the memo for environmentalists in a Lake Tahoe milk products to other plants, in a mar- no weight. Instead, he provided a tor- takings case several years ago was keting area located in a State that requires tured reading of the memo that simply good work. In the fullness of time, he handlers to pay minimum prices for raw doesn’t stand up under any scrutiny. may well prove to be a fine Supreme milk purchases. In another memo, Judge Roberts Court Justice. But I have reluctantly ‘‘(ii) COVERED MILK HANDLERS.—Except as spoke about a Hispanic group President provided in clause (iv), clause (i) applies to a concluded that this nominee has not handler of Class I milk products (including a Reagan would soon address and he sug- satisfied the high burden of justifying producer-handler or producer operating as a gested that the audience would be my voting for his confirmation based handler) that— pleased to know the administration fa- on the current record. ‘‘(I) operates a plant that is located within vored legal status for the ‘‘illegal ami- Based on all these factors, the bal- the boundaries of a Federal order milk mar- gos’’ in the audience—illegal amigos. ance shifts against Judge Roberts. The keting area (as those boundaries are in effect After 23 years, couldn’t he acknowledge question is close, and the arguments on the date of enactment of this subpara- that was insensitive, that it was against him do not warrant extraor- graph); wrong? The use of the Spanish word dinary procedural tactics to block his ‘‘(II) has packaged fluid milk product route dispositions, or sales of packaged fluid milk ‘‘amigos’’ in this memo is patronizing nomination. Nevertheless, I intend to products to other plants, in a milk mar- and offensive to a contemporary read- cast my vote against this nomination keting area located in a State that requires er. I don’t condemn Judge Roberts for when the Senate debates the matter handlers to pay minimum prices for raw using the word ‘‘amigos’’ 20 years ago next week. milk purchases; and

VerDate Aug 31 2005 23:51 Sep 20, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.023 S20SEPT1 S10216 CONGRESSIONAL RECORD — SENATE September 20, 2005 ‘‘(III) is not otherwise obligated by a Fed- uting plant provisions of each Federal milk atives of the State of Hawaii, Cali- eral milk marketing order, or a regulated marketing order issued under section fornia, and other impacted States. milk pricing plan operated by a State, to pay 8c(5)(B) of the Agricultural Adjustment Act Releases of sterile insects have minimum class prices for the raw milk that (7 U.S.C. 608c(5)(B)), reenacted with amend- played a prominent role in the success is used for the milk dispositions or sales. ments by the Agricultural Marketing Agree- of most pest control or eradication pro- ‘‘(iii) OBLIGATION TO PAY MINIMUM CLASS ment of 1937, provides that a handler de- grams. It is in this context that I have PRICES.—For the purpose of clause (ii)(III), scribed in section 8c(5)(M) of the Agricul- the Secretary may not consider a handler of tural Adjustment Act, reenacted with two main concerns with the agency’s Class I milk products to be obligated by a amendments by the Agricultural Marketing decision. First, relying solely on Gua- Federal milk marketing order to pay min- Agreement of 1937 (as added by subsection temala as a source of sterile Mediterra- imum class prices for raw milk unless the (a))), will be fully regulated by the order in nean fruit flies places the United handler operates the plant as a fully regu- which the distributing plant of the handler is States at risk if the supply from Gua- lated fluid milk distributing plant under a located. temala were curtailed for any reason. Federal milk marketing order. (3) Implementation of this section and the In these times of terrorist activities ‘‘(iv) CERTAIN HANDLERS EXEMPTED.— amendments made by this section shall not and civil unrest, disruption is much Clause (i) does not apply to— be subject to a referendum under section ‘‘(I) a handler (otherwise described in 8c(19) of the Agricultural Adjustment Act (7 more than an academic debate. I have clause (ii)) that operates a nonpool plant (as U.S.C. 608c(19)), reenacted with amendments been assured by other states impacted defined in section 1000.8(e) of title 7, Code of by the Agricultural Marketing Agreement by the APHIS decision that they share Federal Regulations (as in effect on the date Act of 1937. my concern. of enactment of this subparagraph)); Mr. DURBIN. Mr. President, I urge Second, from a Hawaii perspective ‘‘(II) a producer-handler (otherwise de- adoption of the amendment. the permanent closure of the facility in scribed in clause (ii)) for any month during Mr. BENNETT. Mr. President, I ask Waimanalo does not bode well for the which the producer-handler has route dis- for a voice vote. future of diversified agriculture in Ha- positions, and sales to other plants, of pack- The PRESIDING OFFICER. The waii. Unfortunately, Hawaii is infested aged fluid milk products equaling less than with four fruit fly pest species—not 3,000,000 pounds of milk; or question is on agreeing to amendment ‘‘(III) a handler (otherwise described in No. 1747. just the Mediterranean fruit fly. Any clause (ii)) for any month during which— The amendment (No. 1747) was agreed hope of area wide control or eradi- ‘‘(aa) less than 25 percent of the total to. cation of these pests requires efficient quantity of fluid milk products physically AMENDMENT NO. 1748 rearing of all four species for sterile re- received at the plant of the handler (exclud- Mr. DURBIN. Mr. President, on be- lease programs. It is my intent to seek ing concentrated milk received from another half of Senator INOUYE, Senator FEIN- support for a multiple species rearing plant by agreement for other than Class I facility in Waimanalo to address this STEIN, and others, I send an amend- use) is disposed of as route disposition or is problem that is unique to Hawaii. transferred in the form of packaged fluid ment to the desk and ask for its imme- While suppression of all four of the milk products to other plants; or diate consideration. ‘‘(bb) less than 25 percent in aggregate of The PRESIDING OFFICER. The fruit fly species in Hawaii is of great the route disposition or transfers are in a clerk will report. benefit to our State, such activities marketing area or areas located in 1 or more The assistant legislative clerk read may be among the best mechanisms for States that require handlers to pay min- as follows: avoiding inadvertent fruit fly infesta- imum prices for raw milk purchases. tions in other states where these alien ‘‘(N) EXEMPTION FOR CERTAIN MILK HAN- The Senator from Illinois [Mr. DURBIN], for pests can survive. Mr. INOUYE, for himself, Mr. AKAKA, and Mrs. DLERS.—Notwithstanding any other provi- Given these concerns, I urge my col- sion of this section, no handler with distribu- FEINSTEIN, proposes an amendment num- bered 1748. leagues to support my amendment that tion of Class I milk products in the Arizona- would prohibit APHIS from imple- Las Vegas marketing area (Order No. 131) Mr. DURBIN. Mr. President, I ask menting its demolition decision and to shall be exempt during any month from any unanimous consent that the reading of provide additional time for the agency minimum milk price requirement estab- the amendment dispensed with. to work with all stakeholders in ex- lished by the Secretary under this subsection The PRESIDING OFFICER. Without if the total distribution of Class I products ploring and implementing a sound pub- objection, it is so ordered. during the preceding month of any such han- lic policy on this issue of great impor- The amendment is as follows: dler’s own farm production that exceeds tance to the State of Hawaii. 3,000,000 pounds.’’. (Purpose: To limit the use of funds made Mr. DURBIN. Mr. President, I urge (b) Section 8c(11) of the Agricultural Ad- available to the Animal and Plant Health justment Act (7 U.S.C. 608c(11)), reenacted adoption of the amendment. Inspection Service) Mr. BENNETT. Mr. President, I ask with amendments by the Agricultural Mar- On page 101, line 10, before the period at keting Agreement Act of 1937, is amended— for a voice vote. the end insert the following: ‘‘: Provided fur- The PRESIDING OFFICER. The (1) in subparagraph (C), by striking the last ther, That none of the funds may be used to sentence; and demolish or dismantle the Hawaii Fruit Fly question is on agreeing to amendment (2) by adding at the end the following: Production Facility in Waimanalo, Hawaii’’. No. 1748. ‘‘(D) EXCLUSION OF NEVADA FROM FEDERAL The amendment (No. 1748) was agreed Mr. INOUYE. Mr. President, today, I MILK MARKETING ORDERS.—In the case of milk to. and its products, no county or other political offer an amendment that would pro- Mr. DURBIN. I move to reconsider subdivision located in the State of Nevada hibit the Animal and Plant Health In- the vote. shall be within a marketing area covered by spection Services, APHIS, from using Mr. BENNETT. I move to lay that any order issued under this section.’’. appropriated funds to demolish or dis- motion on the table. (c) Notwithstanding any other provision of mantle the Hawaii Fruit Fly Produc- this section or the amendments made by this The motion to lay on the table was section, a milk handler (including a pro- tion Facility in Waimanalo, HI. agreed to. ducer-handler or producer operating as a This amendment, which is cospon- AMENDMENT NO. 1749 handler) that is subject to regulation under sored by my dear friends, Senator Mr. DURBIN. I send an amendment this section or an amendment made by this AKAKA and Senator FINSTEIN, is in re- to the desk on behalf of myself, Sen- section shall comply with any requirement sponse to a recent decision made by ator ENZI, and Senator KENNEDY. under section 1000.27 of title 7, Code of Fed- APHIS to dismantle the Hawaii Fruit The PRESIDING OFFICER. Without eral Regulations (or a successor regulation) Fly Production Facility in Waimanalo, relating to responsibility of handlers for objection, the pending amendments are records or facilities. HI and would preclude the agency from set aside. The clerk will report. (d)(1) This section and the amendments carrying out this decision until other The assistant legislative clerk read made by this section take effect on the first alternatives have been articulated and as follows: day of the first month beginning more than analyzed. In addition, this amendment The Senator from Illinois [Mr. DURBIN], 15 days after the date of enactment of this would provide the agency and the proposes an amendment numbered 1749. Act. many stakeholders with additional (2) To accomplish the expedited implemen- Mr. DURBIN. Mr. President, I ask tation schedule for the amendment made by time to examine the issue, to seek a unanimous consent that the reading of subsection (a), effective on the date of enact- more creative solution, and to have the the amendment be dispensed with. ment of this Act, the Secretary of Agri- Secretary recommend a plan that is ac- The PRESIDING OFFICER. Without culture shall ensure that the pool distrib- ceptable to the agricultural represent- objection, it is so ordered.

VerDate Aug 31 2005 23:51 Sep 20, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.010 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10217 The amendment is as follows: is seeking approval for a similar pain- very controversial and contentious (Purpose: To insert provisions related to con- killer. issue, but by compromise, conversa- flicts of interest among members of advi- Had the votes of those 10 scientists tion, and consultation among him and sory panels of the Food and Drug Adminis- been excluded, the panel would have fa- the other Senators he mentioned, we tration) vored withdrawing Bextra from the now have an amendment that is vir- On page 173, after line 24, insert the fol- market and blocking the return of tually noncontroversial. lowing: Vioxx. It is important that we do not en- SEC. 7lll.(a) Subject to subsection (b), none of the funds made available in this Act As the New York Times pointed out force the conflict-of-interest issue with may be used to— in a March editorial: such difficulty that ultimately the (1) grant a waiver of a financial conflict of Unless the FDA makes a more aggressive pharmaceutical companies are cut off interest requirement pursuant to section effort to find unbiased experts or medical re- from any opportunity of ever con- 505(n)(4) of the Federal Food, Drug, and Cos- searchers start severing their ties with the sulting with the best experts in the metic Act (21 U.S.C. 355(n)(4)) for any voting industry, a whiff of bias may taint the ver- field because those experts want to also member of an advisory committee or panel dicts of many advisory panels. remain available to the FDA. of the Food and Drug Administration; or I, along with two of my colleagues, I think the compromise that has been (2) make a certification under section Senators ENZI and KENNEDY, have of- reached is a sound one. I endorse the 208(b)(3) of title 18, United States Code, for fered this amendment to the Agri- any such voting member. amendment and urge all Senators to (b) Subsection (a) shall not apply to a culture appropriations bill, a bill which vote for it. waiver or certification if— funds the Food and Drug Administra- I call for a voice vote. (1) not later than 15 days prior to a meet- tion. It will increase the transparency The PRESIDING OFFICER. Without ing of an advisory committee or panel to of the process. It will ensure the FDA objection, the question is on agreeing which such waiver or certification applies, has searched for experts without con- to amendment No. 1749. the Secretary of Health and Human Services flicts of interest. discloses on the Internet website of the Food The amendment (No. 1749) was agreed Specifically, our amendment requires to. and Drug Administration— the FDA to disclose any conflict of in- (A) the nature of the conflict of interest at Mr. DURBIN. I move to reconsider issue; and terest waivers on their Web site 15 days the vote. (B) the nature and basis of such waiver or prior to the meeting of the advisory Mr. BENNETT. I move to lay that certification (other than information ex- committee. They must detail the na- motion on the table. empted from disclosure under section 552 of ture of the conflict of interest and the The motion to lay on the table was title 5, United States Code (popularly known rationale for the waiver. agreed to. as the Freedom of Information Act)); or The amendment also requires the (2) in the case of a conflict of interest that Mr. BENNETT. Mr. President, I sug- FDA to send a report to the Health and gest the absence of a quorum. becomes known to the Secretary less than 15 Human Services inspector general after days prior to a meeting to which such waiver The PRESIDING OFFICER. The or certification applies, the Secretary shall each new advisory committee is con- clerk will call the roll. make such public disclosure as soon as pos- vened. The report must detail the steps The assistant legislative clerk pro- sible thereafter, but in no event later than the FDA took to find scientists who ceeded to call the roll. the date of such meeting. were free from conflicts. Mr. BENNETT. Mr. President, I ask (c) None of the funds made available in this Finally, Senators ENZI, KENNEDY, and unanimous consent that the order for Act may be used to make a new appointment I will request that the Government Ac- to an advisory committee or panel of the the quorum call be rescinded. countability Office conduct an in-depth The PRESIDING OFFICER. Without Food and Drug Administration unless the study of the waiver process and provide Commissioner of Food and Drugs submits a objection, it is so ordered. recommendations on how it can be im- confidential report to the Inspector General AMENDMENTS NOS. 1750, 1751, AND 1752, EN BLOC of the Department of Health and Human proved. My amendment will increase the Mr. BENNETT. Mr. President, I have Services of the efforts made to identify three amendments which I send to the qualified persons for such appointment with transparency of the waiver process and minimal or no potential conflicts of interest. require the FDA to report to a third desk and ask for their consideration. The PRESIDING OFFICER. Without Mr. DURBIN. Mr. President, the Sci- party about their efforts to identify objection, the pending amendments are entific Advisory Committee system at scientists without conflicts. I think set aside. The clerk will report the the Food and Drug Administration is this will create a powerful incentive amendments en bloc. meant to provide the Agency with un- for the FDA to find more scientists The bill clerk read as follows: biased, independent, professional ad- without the potential for bias. vice on the safety and efficacy of drugs, Let me close by saying that, over the The Senator from Utah [Mr. BENNETT] pro- devices, biologics, food, and veterinary years, it has been my good fortune to poses amendments numbered 1750, 1751, and 1752. medicine. work with this important agency, the To protect the objectivity and the in- Food and Drug Administration. The Mr. BENNETT. I ask unanimous con- tegrity of advisory committees, mem- American people don’t know how much sent that further reading of the amend- bers have long been subject to a num- we rely on this tiny agency to decide ments be dispensed with. ber of conflict of interest laws and reg- that what is sold to us in drug stores The PRESIDING OFFICER. Without ulations. Unfortunately, the Food and and other places in our daily lives must objection, it is so ordered. Drug Administration has routinely be safe and they must be effective as The amendments are as follows: granted waivers to scientists with fi- advertised. It is an arduous and impor- AMENDMENT NO. 1750 nancial ties to the manufacture of the tant process, and they get it right so On page 93, line 9 at the end of the sentence products under consideration or their often, but occasionally they do not. We insert the following: competitors. These waivers can com- have to make certain that we try to ‘‘Provided further, That the Agricultural promise the integrity of this important take out of this decision process any Research Service may convey all rights and title of the United States, to a parcel of land advisory process. Let me give one ex- question that would be raised about comprising 19 acres, more or less, located in ample. the integrity of the Agency or the Section 2, Township 18 North, Range 14 East The February 2005 advisory panel means they are using to reach their in Oktibbeha County, Mississippi, originally considering whether painkillers, conclusions. I hope this amendment conveyed by the Board of Trustees of the In- Celebrex, Bextra, and Vioxx, could moves us in that direction. stitution of Higher Learning of the State of safely be marketed to the public in- I yield the floor. Mississippi, and described in instruments re- cluded 10 scientists who were granted The PRESIDING OFFICER. The Sen- corded in Deed Book 306 at pages 553–554, conflict of interest waivers. Ten of the ator from Utah. Deed Book 319 at page 219, and Deed Book 33 thirty-two members—that is 31 per- Mr. BENNETT. Mr. President, I at page 115, of the public land records of Oktibbeha County, Mississippi, including fa- cent—consulted for or received re- thank the Senator from Illinois for his cilities, and fixed equipment, to the Mis- search support from Pfizer, which initiative on this issue and congratu- sissippi State University, Starkville, Mis- makes Celebrex and Bextra; and Merck, late him for the final product that has sissippi, in their ‘‘as is’’ condition, when va- which makes Vioxx; or Novartis, which been crafted. This could have been a cated by the Agricultural Research Service.

VerDate Aug 31 2005 23:51 Sep 20, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.027 S20SEPT1 S10218 CONGRESSIONAL RECORD — SENATE September 20, 2005 AMENDMENT NO. 1751 The PRESIDING OFFICER. Is there The owners who sell their horses at At the appropriate place in the bill (page objection? Without objection, it is so auction are often unaware that those 173 after line 24), insert the following new ordered. horses may be on their way to one of paragraphs: Mr. ENSIGN. Mr. President, I suggest the three remaining horse slaughter- ‘‘SEC. . (a) Hereafter, none of the funds the absence of a quorum. made available by this Act or any other Act houses in America. These slaughter- may be used to publish, disseminate, or dis- The PRESIDING OFFICER. The houses—two in Texas and one in Illi- tribute Agriculture Information Bulletin clerk will call the roll. nois—are owned by French and Bel- Number 787. The assistant legislative clerk pro- gium companies. They slaughter Amer- (b) Of the funds provided to the Economic ceeded to call the roll. ican horses almost exclusively for one Research Service, the Secretary of Agri- Mr. ENSIGN. Mr. President, I ask purpose—exporting the meat overseas culture shall enter into an agreement with unanimous consent that the order for for human consumption. the National Academy of Sciences to con- the quorum call be dispensed with. Workhorses, racehorses, and even pet duct a comprehensive report on the eco- The PRESIDING OFFICER. Without nomic development and current status of the horses—many young and healthy—are objection, it is so ordered. slaughtered for human consumption in sheep industry in the United States.’’ Mr. ENSIGN. Mr. President, I with- AMENDMENT NO. 1752 Europe and Asia, where their meat is draw my previous unanimous consent considered a delicacy. The profits, On page 173, after line 24 insert the fol- request and I call for the regular order lowing: along with the product, are shipped ‘‘SEC. . The Secretary of Agriculture may with respect to amendment No. 1726. overseas. These horses are slaughtered establish a demonstration intermediate re- The PRESIDING OFFICER. The in America and shipped to Japan, lending program for the construction and re- amendment is now pending. France, Belgium, Italy, Germany for habilitation of housing for the Choctaw Na- AMENDMENT NO. 1753 TO AMENDMENT NO. 1726 human consumption. tion: Provided, That the interest rate for di- Mr. ENSIGN. Mr. President, I send an Last year, nearly 100,000 American rect loans shall be 1 percent: Provided further, amendment to the desk. horses were slaughtered for human That no later than one year after the estab- The PRESIDING OFFICER. The lishment of this program the Secretary shall consumption overseas. Sixty-five thou- clerk will report. sand of these were sent to three slaugh- provide the Committees on Appropriations The legislative clerk read as follows: with a report providing information on the terhouses in the United States, and program structure, management, and gen- The Senator from Nevada [Mr. ENSIGN], for more than 30,000 were shipped across himself, Mr. BYRD, Ms. LANDRIEU, Mr. LOTT, eral demographic information on the loan re- our borders to Canada and Mexico for cipients.’’ Mr. GRAHAM, Ms. STABENOW, Mr. DEMINT, Mrs. FEINSTEIN, and Mr. LAUTENBERG, pro- slaughter. The PRESIDING OFFICER. The Sen- poses an amendment numbered 1753 to Our amendment effectively stops this ator is recognized. amendment numbered 1726. practice. It restricts the use of Federal Mr. BENNETT. Mr. President, the Mr. ENSIGN. Mr. President, I ask funds for the inspection of horses being first amendment is in regard to a study unanimous consent that reading of the sent to slaughterhouses for human con- on the sheep industry in the United amendment be dispensed with. sumption. Without these inspections, States by the National Academy of The PRESIDING OFFICER. Without required under the Federal Meat In- Sciences. The second authorizes a dem- objection, it is so ordered. spection Act, horses cannot be slaugh- onstration tribal housing program. And The amendment is as follows: tered, or exported for slaughter, for the third authorizes a land transfer in (Purpose: To prohibit the use of appropriated human consumption overseas. Mississippi from the Agricultural Re- funds to pay the salaries or expenses of Strong support for our amendment is search Service to Mississippi State personnel to inspect horses under certain reflected in the House of Representa- University. authority or guidelines) tives, where an identical measure was All three of these amendments have At the appropriate place, add the fol- passed by a vote of 269 to 158 this past been considered carefully on both sides. lowing: June. They have been cleared on both sides. I SEC. lll. None of the funds made avail- We have several articles and edi- ask that they be approved en bloc by a able in this Act may be used to pay the sala- torials from around the country that voice vote. ries or expenses of personnel to inspect horses under section 3 of the Federal Meat have been written in support of our The PRESIDING OFFICER. Is there amendment. Articles have appeared in objection? Without objection, the ques- Inspection Act (21 U.S.C. 603) or under the guidelines issued under section 903 the Fed- the Washington Times, the St. Peters- tion is on agreeing to the amendments eral Agriculture Improvement and Reform burg Times, the Charleston Gazette, en bloc. Act of 1996 (7 U.S.C. 1901 note; Public Law and the Louisville Courier-Journal, The amendments (Nos. 1750, 1751, and 104–127). just to name a few. I ask unanimous 1752) were agreed to en bloc. Mr. ENSIGN. Mr. President, I rise, consent to have these articles printed Mr. BENNETT. Mr. President, I ask along with my colleagues, Senators in the RECORD. that the vote be reconsidered and that BYRD, LANDRIEU, GRAHAM, LOTT, There being no objection, the mate- reconsideration be laid upon the table. The PRESIDING OFFICER. Without STABENOW, DEMINT, FEINSTEIN, and rial was ordered to be printed in the objection, it is so ordered. LAUTENBERG, to submit an amendment RECORD, as follows: Mr. BENNETT. Mr. President, I sug- to the 2006 Senate Agriculture appro- [From the Washington Times, Sept. 15, 2005] gest the absence of a quorum. priations bill. SAVE THE HORSES The PRESIDING OFFICER. The The goal of our amendment is simple: Most Americans would sooner starve than clerk will call the roll. to end the slaughter of America’s eat fillet of horse with cranberry chutney, or The assistant legislative clerk pro- horses for human consumption over- however they do it in Europe. It might then ceeded to call the roll. seas. come as a surprise that 66,000 horses were Mr. ENSIGN. Mr. President, I ask I graduated from Colorado State with slaughtered for consumption in the United unanimous consent that the order for a degree in veterinary medicine. I have States last year, and 20,000 more were ex- ported abroad for the same purposes. Even the quorum call be dispensed with. been concerned with animal welfare since my earlier days as a youth and more so when one considers that nearly none The PRESIDING OFFICER (Mr. of this horse flesh ends up on American plat- VOINOVICH). Without objection, it is so pursued those interests as a practicing ters—and for that we are thankful. ordered. veterinarian. While cattle and poultry are bred specifi- Mr. ENSIGN. Mr. President, I ask Our Nation’s history and cultural cally for food, horses are not. Many of those unanimous consent that the pending heritage is strongly associated with sold to slaughterhouses are privately owned amendment be set aside. horses. George Washington is pictured or caught in the wild by the federal Bureau The PRESIDING OFFICER. Without many places with horses. We are re- of Land Management, which then tries to objection, it is so ordered. minded of the legend of Paul Revere’s find adoptive homes. When it cannot, the Mr. ENSIGN. Mr. President, I ask ride and the Pony Express in the West. horses go to the highest bidder, in this case either to one of the three Belgian- or French- unanimous consent that I may offer an The Depression era race between owned plants. amendment dealing with horse inspec- Seabiscuit and War Admiral raised the Fortunately, there is growing opposition in tion and that no second-degree amend- morale of our country during desperate Congress to this kind of thing. In June, the ments be in order. times. House passed by a bipartisan majority an

VerDate Aug 31 2005 23:51 Sep 20, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.015 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10219 amendment to the agriculture appropria- firmed that earlier this year by passing an to operate in this country (the other plants tions bill banning the use of federal funds in amendment to the agriculture spending bill are in Ft. Worth, TX and DeKalb, IL). To- the slaughtering of horses. The Senate is that would, in essence, stop the practice. gether, the plants killed more than 65,000 of schedule to vote on the amendment, spon- Now it is the Senate’s turn. our horses last year for human consumption sored by veterinarian Sen. John Ensign, next Currently, horses that are no longer want- abroad. All three plants, are foreign owned, week. We encourage senators to support this ed are sold to buyers who presumably seek and all three are out of step with American ban. them for recreation or as pets too often end public opinion. Seventy-eight percent of Tex- Certain veterinary groups, rather iron- up in slaughterhouses or in the hands of ex- ans oppose horse slaughter and polls from ically, oppose the amendment. They claim porters who send them outside the country other parts of the country reflect this senti- that it is humane to put aging or neglected for slaughter. Sometimes the buyers hide ment. Both of the Texas plants operating in horses out of their misery. But if anyone ac- their true intentions and make a profit by violation of state law which prohibits the tually saw how these noble beasts are selling the horses for slaughter. Each year, sale of horsemeat for human consumption. slaughtered—strung up by their hind legs nearly 100,000 horses are subjected to a cruel And Dallas-Crown is operating in violation and bled—they might think twice before sup- end to their lives. of a multitude of local laws pertaining to porting such conduct. The only problem with Horse meat for human consumption hasn’t wastemanagement, air quality and other en- attaching the amendment to an appropria- been sold in the United States for decades vironmental concerns. tions bill is that it will expire next year. and isn’t even used in pet food here. If a When the District Attorneys in the two So, Mr. Ensign has also introduced inde- horse is near the end of its useful life, there Texas jurisdictions moved to prosecute pendent legislation that would ban the are more humane ways for an owner to get under the state law, the plants filed suit and slaughter of horses entirely. Some critics rid of it. Adoption groups offer horses a the District Attorneys were prevented from contend an outright ban is an abuse of con- peaceful retirement, and if the horses need proceeding. Horses continued to be slaugh- gressional power. But Cass Sunstein, the dis- to be euthanized, it can be done painlessly tered while the case languished in federal tinguished University of Chicago law pro- and humanely for a couple hundred dollars. court. Recently, the judge ruled in the fessor, conclusively addressed those concerns The Senate vote could come up in the next plants’ favor. The District Attorneys are a few years ago: ‘‘A ban on commercial few days, so those opposed to horse slaughter considering an appeal. slaughter of horses would be plainly within should contact their senators and tell them When the city took action against the congressional authority, if accompanied by to support the amendment, which would plant for releasing pollutants into the sewer reasonable findings that such slaughter is deny the Agriculture Department taxpayer system far in excess of legally acceptable often or generally a way of yielding products dollars for the inspection of horse meat. limits, we ended up in court and are now for interstate or international sale, and Without such inspections, legalized horse forced to mediate on an issue that can’t be therefore has a substantial effect on inter- slaughter in this country will end. And good mediated. Meanwhile, our municipal sewer state or international commerce.’’ Few riddance. system is overburdened, but we simply can- would argue that it doesn’t. not afford to refurbish the system so that it We admit to a certain sentimentality in [From the Charleston Gazette, Sept. 13, 2005] can tolerate overload from Dallas-Crown. our appeal to ban horse slaughter. The horse SAVE HORSES—BILL WOULD STOP SLAUGHTER Nor should we have to. has always held a hallowed place in our na- Around 90,000 American horses are slaugh- Residents are also fed up with the situa- tional identity, much like the bald eagle. tered each year for human consumption. tion. Long-established neighbors living adja- And just as no American would consider or- Foreign-owned slaughterhouses on American cent to the plant cannot open their windows dering up a bald eagle, if only out of respect, soil kill about 50,000 of them; the other 20,000 or run their air conditioners without endur- so would none ask for a horse steak. are sent live to Mexico or Canada. Some are ing the most horrific stench. Children play- wild horses that still wander ranges of the ing in their yards do so with the noise of [From the Louisville Courier-Journal, Sept. West; others are unwanted, disposed of by horses being sent to their deaths in the back- 13, 2005] their owners or unscrupulous dealers who ground. Landowners have difficulty securing loans to develop their property. The resi- HORSE SENSE IN SENATE promise they will go to good homes. This week, the U.S. Senate may vote on an Many of these creatures undergo extreme dents have petitioned the city council to amendment to the agriculture appropria- suffering en route to their final destination. take corrective action against the plant. On tions bill that would outlaw the slaughter of Transport law allows them to go for 24 hours August 15 the Kaufman City Council voted unanimously to implement termination pro- horses for food. For most Kentuckians—in without food, water or rest, even if they are ceedings against the plant. fact, for most Americans—it’s shocking that badly injured or heavily pregnant. But the ultimate remedy rests with the such a vote would need to be taken. In this West Virginia Sen. Robert Byrd plans an amendment to the Agriculture appropria- federal government, which has the author- country, horses are raised to be companion ity—and opportunity—to close this shameful animals. Most folks don’t know that in three tions bill banning horse slaughter in the United States. All three of the state’s rep- industry down. I urge you to cosponsor the foreign-owned slaughterhouses within our American Horse Slaughter Prevention Act borders, about 45,000 horses are killed each resentatives voted for a similar amendment in the House that passed, 269–158. when it is introduced by Senator John En- year. sign, and to support the Ensign amendment The meat is then shipped to Japan and sev- There are alternatives to the slaughter of to the Senate Agriculture Appropriations eral European countries, where horse is unwanted horses. The recent auction of wild Bill for Fiscal Year ‘06 that will prohibit the served for dinner. In the international mar- mustangs in Ronceverte resulted in new use of federal funds to facilitate horses ket, the meat of American horses is espe- homes for horses trucked in and sold for a slaughter. cially coveted, since most of them have been nominal amount. Many horse rescue oper- ations work with retired racehorses, many of As a community leader where we are di- well fed and have received superior care. rectly impacted by the horse slaughter in- This should be an easy vote for Sens. Mitch whom have tragically ended at slaughter- dustry, I can assure you the economic devel- McConnell and Jim Bunning. Horses are cen- houses—even big-time steeds, including Ken- opment return to our community is nega- tral to Kentucky’s culture. Our famous Blue- tucky Derby winner Ferdinand. The rescue tive. The foreign-owned companies profit at grass farms breed and raise them for higher organizations retrain them and find them our expense—it is time for them to go. If I purposes than ending up on some dinner new homes and careers. Horses that have can provide you with further information, table overseas. truly come to the end of their useful or com- And no horse is currently safe from that fortable lives can be humanely euthanized, please don’t hesitate to contact me at 972– fate. Ferdinand, the 1986 Kentucky Derby rather than having to endure the pain, panic 932–2856. winner, was killed in a Japanese slaughter- and trauma of a trip to the slaughterhouse. Sincerely, house when his stud services were no longer The bond between horses and humans is as PAULA BACON, needed. This past spring, 41 wild mustangs close as the connection between dogs or cats Mayor of Kaufman, Texas. were slaughtered for food in a Texas plant and their owners. The horsemeat industry is Mr. ENSIGN. Mr. President, the En- after being purchased through a program not a vital part of the American economy. sign-Byrd amendment also has strong meant to give them new homes. We hope the Senate will pass this humane support from some of the people most That’s why, in June, the U.S. House of amendment. familiar with the slaughterhouses. Representatives overwhelmingly passed leg- Paula Bacon, the mayor of Kaufman, islation identical to what the Senate is con- CITY OF KAUFMAN, sidering. Kentucky’s own Rep. Ed Whitfield, Kaufman, TX, September 6, 2005. TX, which is home to the Dallas Crown R-1st District, led the effort. Re Support Congressional efforts to end Slaughterhouse, recognized the impor- Now the Senate should do the same, with horse slaughter. tance of ending this slaughter. Kentuckians again playing a leadership role. DEAR SENATOR: As the Mayor of Kaufman, She stated: Texas, I am all too well acquainted with an My city is little more than a doormat for [From the St. Petersburg Times, Sept. 13, issue that has been getting plenty of atten- a foreign-owned business that drains our re- 2005] tion on Capitol Hill recently: horse slaugh- sources, thwarts economic development and BRING AN END TO HORSE SLAUGHTER ter. stigmatizes our community. There is no jus- Horse slaughter has no place in the United Kaufman is ‘‘home’’ to Dallas-Crown, one tification for spending American tax dollars States. The House of Representatives con- of only three slaughterhouses that continue to support this industry.

VerDate Aug 31 2005 02:03 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.019 S20SEPT1 S10220 CONGRESSIONAL RECORD — SENATE September 20, 2005 That is Paula Bacon, mayor of Kauf- Mr. BENNETT. Mr. President, I ask head, meaning that horses sometime man, TX, home to the Dallas Crown unanimous consent that the Senator be remain conscious throughout the horse slaughterhouse facility. recognized to speak as in morning busi- slaughter process. Members of the local community ness. We are under the Agriculture bill, The market for horsemeat is not an would like to see this slaughterhouse and no one seems to be coming forward American market. Horsemeat is closed, as well. under the Agriculture bill, so I obvi- shipped abroad. The three slaughter- Concerns have been raised about ously have no objection, but I think, to houses in the U.S. are foreign-owned. what will happen if this slaughter is be clear, it should be as in morning Thus, American horses are sold to a ended. Many of these horses will be business; therefore, I ask unanimous foreign company, killed for consump- sold to a new owner. Some horses will consent that the Senator be given the tion in a foreign market, and foreign- be kept longer by their original owner, opportunity to do that. owned companies profit from the ex- others will be euthanized humanely by The PRESIDING OFFICER. Is there port of horse meat. Many Americans a licensed veterinarian, and still others objection? would be shocked to learn that our ani- will be cared for by the horse rescue Hearing none, it is so ordered. mals suffer such a fate, all in order to community. Efforts are underway to Mr. CONRAD. Mr. President, I thank satisfy the tastes of those living in Eu- standardize practices for horse rescue my colleague from Utah for his gra- rope and Asia. Indeed, many individ- organizations. Guidelines for this ever- ciousness, and my colleague from Wis- uals who sell horses to slaughterhouses growing sector have been developed by consin as well. I appreciate this oppor- do so unwittingly. Slaughterhouses the animal protection community and tunity to speak. often send third parties, called ‘‘killer embraced by sanctuaries. (The remarks of Mr. CONRAD per- buyers,’’ to auction to buy horses. NSIGN and I have offered an Statistics do not support claims that taining to the introduction of S. 1730 Senator E amendment to stop the slaughter of this legislation will result in more are printed in today’s RECORD under horses for human consumption by pre- abuse and neglect of unwanted horses. ‘‘Statements on Introduced Bills and venting taxpayer dollars from being In Illinois, the number of abuse cases Joint Resolutions.’’) used to inspect the horses intended for actually dropped from 2002 to 2004, Mr. BYRD. Mr. President, Winston Churchill said, ‘‘when you are on a slaughter. Without these inspections, when the State’s only slaughterhouse which are paid for by the American great horse, you have the best seat you was closed due to fire. In California, taxpayer, it would be impossible for will ever have.’’ Indeed, throughout the there has been no rise in neglect cases these companies to slaughter horses in ages, the horse has carried mankind since the State passed a ban on slaugh- the U.S., or to transport horses abroad across continents, helped forge civiliza- ter for human consumption in 1998. for slaughter. Furthermore, it is illegal to ‘‘turn tions, and has been that beloved beast I ask my colleagues to support the out,’’ neglect, or starve a horse, so this of burden that has borne the human Ensign-Byrd amendment to end the amendment will not lead to more or- race on its back. slaughter of one of the most precious phaned horses. If a person attempts to In America, the horse was the pri- American symbols. turn his or her horses out, animal con- mary source of transportation of our The PRESIDING OFFICER. The Sen- trol agents can enforce humane laws. founding fathers, the vehicle of our ator from Utah. These animals still can be euthanized Revolutionary soldiers, and a symbol Mr. BENNETT. Mr. President, I un- and disposed of by a veterinarian for of the majestic strength and character derstand the Senator from Hawaii has about $225, a fraction of the cost to that this great country was based some amendments to the Agriculture keep a horse. That cost is not too big upon. Our fledgling urban centers rose appropriations bill. of a burden to bear when no other op- with the help of the horse’s brawn. Our The PRESIDING OFFICER. The Sen- tions are available. American frontier expanded farther ator from Hawaii. Our amendment is good for horses. and farther west, with families trav- Mr. AKAKA. Mr. President, what is That is why it is supported by many eling by horse-drawn wagons across the pending order of business? animal protection groups. The Humane mountains and valleys, the plains and The PRESIDING OFFICER. The Ben- Society of the United States, the prairies. The American cowboy, an in- nett amendment is now pending. American Society for the Prevention of delible image of the fierce and undying Mr. AKAKA. I ask unanimous con- sent to set the pending amendment Cruelty to Animals, the Doris Day Ani- determination of the American spirit, was never without his trusty four- aside. mal League, the American Humane As- The PRESIDING OFFICER. Without legged companion. sociation, and Society for Animal Pro- objection, it is so ordered. tective Legislation—all support our But each year, 65,000 horses are AMENDMENT NO. 1729 legislation. We have also received sup- slaughtered in this country for human Mr. AKAKA. Mr. President, I have port from much of the horse industry consumption in Europe and Asia, where horsemeat is considered a delicacy. An- two amendments to offer. I call up and veterinarians nationwide. In fact, amendment No. 1729 to H.R. 2744, the other 30,000 horses are shipped every congressional measures to end horse Agriculture, Rural Development, Food year to Canada and Mexico to be slaughter are supported by Veterinar- and Drug Administration, and Related slaughtered. ians for Equine Welfare, the National Agencies appropriations bill. Thoroughbred Racing Association, These horses often suffer unneces- The PRESIDING OFFICER. The Churchill Downs, Incorporated, and sarily while in transit to slaughter- clerk will report. dozens of owners and trainers of cham- houses. Horses can be shipped for more The legislative clerk read as follows: than 24 hours without food, water, or pion racehorses, including Kentucky The Senator from Hawaii [Mr. AKAKA] pro- Derby winners. rest. They can be transported with bro- poses an amendment numbered 1729. The time to end this slaughter is ken legs, missing eyes, or while heavily Mr. AKAKA. I ask unanimous con- now. Please join my colleagues and me pregnant. The horses are kept in sent that reading of the amendment be in supporting this important amend- cramped conditions, in trucks with dispensed with. ment. ceilings so low that they prevent the The PRESIDING OFFICER. Without I yield the floor and suggest the ab- horses from holding their heads in a objection, it is so ordered. sence of a quorum. normal, upright position. The cramped The amendment is as follows: The PRESIDING OFFICER. The nature of their transport often results (Purpose: To prohibit Federal funding of re- clerk will call the roll. in trampling, with some horses arriv- search facilities that purchase animals The legislative clerk proceeded to ing at the slaughterhouses seriously in- from Class-B dealers) call the roll. jured or dead. On page 173, after line 24, insert the fol- Mr. CONRAD. Mr. President, I ask Even more cruel than the suffering lowing: unanimous consent that the order for these animals endure while in transit SEC. 7lll. None of the funds made avail- able by this Act may be used to provide fund- the quorum call be rescinded. is their often injurious end. Improper ing to a research facility that purchases ani- The PRESIDING OFFICER (Mr. use of stunning equipment at the mals from a dealer that holds a Class B li- THOMAS). Without objection, it is so or- slaughterhouse can result in the ani- cense under the Animal Welfare Act (7 U.S.C. dered. mal having to endure repeated blows to 2131 et seq.).

VerDate Aug 31 2005 00:16 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.033 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10221 AMENDMENT NO. 1730 tests may be taken. However, this does routinely denied sufficient food, water, Mr. AKAKA. Mr. President, I call up not mean that downed livestock cannot and veterinary care before they are amendment No. 1730 to H.R. 2744. be processed for human consumption. If sold off to laboratories. The PRESIDING OFFICER. Without downer cattle presented for slaughter Less than a month ago, one of the objection, the pending amendment is pass both the pre- and post-inspection more notorious Class B dealers, C.C. set aside. The clerk will report. process, meat and meat by-products Baird, pleaded guilty in a case before a The legislative clerk read as follows: from such cattle can be used for human U.S. District Judge. He had violated The Senator from Hawaii [Mr. AKAKA] pro- consumption. Routinely, BSE is not the Animal Welfare Act because he poses an amendment numbered 1730. correctly distinguished from many transferred the dogs and cats to re- Mr. AKAKA. I ask unanimous con- other diseases and conditions that search facilities with false acquisition sent that reading of the amendment be show similar symptoms. This was dem- records. During the search, approxi- dispensed with. onstrated by the surveillance of a simi- mately 125 dogs were seized by Federal The PRESIDING OFFICER. Without lar inspection process in Europe, show- agents as evidence of various viola- objection, it is so ordered. ing that the process is inadequate for tions of the Animal Welfare Act. The amendment is as follows: detecting BSE. Consequently, BSE-in- I recently sent a letter to all my col- (Purpose: To ensure the humane slaughter of fected cattle can be approved for leagues in the Senate requesting sup- nonambulatory livestock) human and animal consumption. port in passing the Pet Safety and Pro- On page 173, after line 24, insert the fol- Today, USDA has increased its ef- tection Act. On the front were pictures lowing: forts to test approximately 10 percent of a hound dog, Buck, who was in ter- SEC. 7lll. None of the funds made avail- of downed cattle per year for BSE. rible shape—skinny, his ribs sticking able by this Act may be used to approve for However, it is my understanding that out, pieces of his ear torn off—after human consumption under the Federal Meat USDA is looking to revisit this issue. I being held by a Class B dealer. Inspection Act (21 U.S.C. 601 et seq.) any cat- There are only 17 Class B dealers sell- do not believe that now is the time to tle, sheep, swine, or goats, or horses, mules, ing random source dogs and cats for re- lower our defenses. While I am not ask- or other equines that are unable to stand or search. However, there are hundreds of ing the industry and Federal Govern- walk unassisted at a slaughtering, packing, suppliers to these dealers. Random ment to test every slaughtered cow, I meat-canning, rendering, or similar estab- source animals are dogs and cats that lishment subject to inspection at the point am asking the Federal Government to may be obtained by fraudulent means, of examination and inspection under section address and reduce the real risks asso- 3(a) of that Act (21 U.S.C. 603(a)). through ‘‘free to good homes’’ ads, ciated with BSE and similar diseases in false animal origin records, and steal- Mr. AKAKA. Mr. President, I rise to the U.S. ing of pet dogs and cats from their offer two amendments to H.R. 2744, the Some individuals fear that my owners. The Department of Agriculture Agriculture appropriations bill for FY amendment would place an excessive lacks the necessary resources to track 2006, that will help protect the health financial burden on the livestock in- the interstate activities of Class B of the American public. Amendment dustry. I want to remind my colleagues dealers to ensure that they comply 1730, the downed animal amendment, that one single downed cow in Canada with Federal law. USDA cannot pro- would prohibit the U.S. Department of diagnosed with BSE this year shut vide an assurance that illegal acquired Agriculture, USDA, from utilizing down the world’s third largest beef ex- pets are not being sold by Class B deal- funds under this act to approve downed porter. It is estimated that the Cana- ers. This is a problem that is certain to animals for human consumption. dian beef industry lost more than $1 grow in the aftermath of hurricane Downed animals are livestock such billion as a result of the discovery of Katrina with the thousands of animals as cattle, sheep, swine, goats, horses, BSE and more than 30 countries placed in shelters. mules, or other equines that are too banned Canadian cattle and beef. As From a scientific research point of sick to stand or walk unassisted. Many the Canadian cattle industry continues view, Class B-acquired animals have of these animals are dying from infec- to recover from its economic loss, it is not had standardized care nor is there tious diseases and present a significant prudent for the United States to be any certainty of the history of the ani- pathway for the spread of disease. proactive in preventing BSE and other mals. These circumstances make them While I commend USDA and live- animal diseases from entering our food unsuitable as research subjects in any stock organizations for their efforts to chain. case, since they cannot be used as con- address the issue of downed animals, I We must protect our livestock indus- trol cases or experimental animals. am still very concerned about diseases try and human health from diseases Valid scientific research relies on con- such as BSE, more commonly known as such as BSE. My amendment reduces trolled experimental design and mad cow disease, that pose a serious the threat of passing diseases from replicable results—two things highly risk to the United States cattle indus- downed livestock to our food supply. It questionable when using animals with try and human health. A food inspec- also requires higher standards for food unknown history and background. tion study conducted in Germany in safety and protects human health from This simple amendment prohibits 2001 found that BSE is present in a diseases and the livestock industry funding in this FY 2006 appropriations higher percentage of downed livestock from economic distress. bill from going to research facilities than in the general cattle population. AMENDMENT NO. 1729 that purchase animals from a dealer USDA stated that downed animals are Amendment No. 1729 is based on my that holds a Class B license under the one of the most significant potential bill, the Pet Safety and Protection Act, Animal Welfare Act. pathways that have not been addressed S. 451. It will protect family pets while I urge my colleagues to support these in previous efforts to reduce risks from allowing research on dogs and cats to two amendments. The PRESIDING OFFICER (Mr. MAR- BSE. Stronger legislation is needed to continue in an environment free from TINEZ). The Senator from Utah. ensure that these animals do not enter scientific fraud and animal abuse. Mr. BENNETT. Mr. President, as This amendment prohibits Federal our food chain. My amendment is very near as I can tell, there is support for simple. It would prevent downed ani- funds from being provided to a research these amendments on both sides of the mals from being approved for consump- facility that purchases animals from aisle. I ask they be considered en bloc tion at our dinner tables. This will Class B dealers. Class B animal dealers by a voice vote. allow USDA and other stakeholders to collect dogs and cats from ‘‘random The PRESIDING OFFICER. Without continue working on reducing and po- sources’’ and routinely violate the Ani- objection, the amendments will be con- tentially eliminating the risk of BSE mal Welfare Act. The Animal Welfare sidered en bloc. or any other prions from entering our Act sets the minimum standards of The question is on agreeing to food chain. care for animals and requires accurate amendments Nos. 1729 and 1730, en bloc. Currently, before slaughter, USDA’s record keeping on their acquisition and The amendments (Nos. 1729 and 1730) Food Safety Inspection Service, FSIS, disposition. Dogs and cats are sub- were agreed to, en bloc. diverts downer livestock that exhibit jected to abusive handling and expo- Mr. AKAKA. I move to reconsider the clinical signs associated with BSE or sure to the elements while kept on the vote, and I move to lay that motion on other types of diseases until further premises of Class B dealers. They are the table.

VerDate Aug 31 2005 02:03 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.035 S20SEPT1 S10222 CONGRESSIONAL RECORD — SENATE September 20, 2005 The motion to lay on the table was Mountain has been challenged in the Yucca Mountain would put the waste agreed to. court on legal grounds. And as we look below ground. It would put the waste in Mr. BENNETT. Mr. President, unless at the present state of our need for en- vaults that have been prepared for it. the Senator has an additional amend- ergy, Yucca Mountain will be chal- The interim facility in Skull Valley ment—— lenged on practical grounds because it would leave the waste above ground. It Mr. AKAKA. Mr. President, I thank is very clear that we are going to need would leave the waste in the dry cask the Senator from Utah and the ranking more, not less, nuclear power. receptacles that were built for trans- member, Senator KOHL, for accepting Nuclear power is here to stay. The portation. Why ship it from its present these amendments. nuclear plants that we have are going site aboveground to another site above- The PRESIDING OFFICER. The Sen- to be recommissioned and relicensed, ground to say, well, this is an interim ator from Utah. and Yucca Mountain will be full if we storage site until we put it in perma- Mr. BENNETT. Mr. President, I ask go ahead with the existing plans to nent storage? unanimous consent that I be allowed to send nuclear waste there. We will still The reality is, if you do that, you are proceed as in morning business. need storage in place even if Yucca creating a permanent storage site be- The PRESIDING OFFICER. Without Mountain opens. It doesn’t make sense cause there will be no place to put it objection, it is so ordered. from a practical point of view to move after it has been transported to the in- STORAGE OF NUCLEAR WASTE the material all across the country, terim storage site. Mr. BENNETT. Mr. President, one of store it in Yucca Mountain for the pur- There are those who say: You just the issues that has occupied this Cham- pose of ending storage in place, and don’t want it in Utah. And that is true, ber for some time and had a particular then have storage in place come back. I don’t want it in Utah. But there is an- impact on those of us in the Western Those who saw this in advance—Sen- other factor that drives the reason I States is the issue of the storage of nu- ator REID and Senator ENSIGN—have don’t want it in Utah. This particular clear waste. The question of where nu- the right to tell the rest of us, ‘‘I told interim storage site is at the portal to clear waste should be stored has been you so,’’ as it now becomes clear that the Utah Test and Training Range. before various administrations and var- scientifically, legally, and practically, Even most people in Utah have never ious Congresses literally for decades. Yucca Mountain is not going to become heard of the Utah Test and Training The original policy decision made by the single repository for nuclear waste. Range, and they have no idea what it administrations past and Congresses And we need to start thinking about is. It is the largest land range for past was that there should be a single new strategies and new places to deal bombing practice in the United States. repository for nuclear waste. After a with this issue. It goes all the way back to the Second study by the National Academy of I want to make it very clear that I World War. The crew that flew the mis- Sciences and others, the decision was am not opposed to nuclear power. In- sion over Hiroshima in the Enola Gay made to put that repository in Nevada, deed, I am a strong supporter of nu- trained at the Utah Test and Training in Yucca Mountain. Ever since that clear power. I have supported Senator Range. Today, it is still in use. F–16s from time, construction has gone forward at DOMENICI in his efforts in crafting the Hill Air Force Base fly over the Utah the Yucca Mountain facility. Energy bill to craft the bill in such a Test and Training Range and practice All of that happened before I came to way as to encourage America to build their bombing runs with live ordi- Congress. When I got here, the debate new nuclear powerplants. We are be- nance. I have flown over the Utah Test was going on, and we had a particular hind the rest of the world on this issue. and Training Range in a helicopter and point where we had to vote, once again, Go to Europe and you will find the have been told: We have to get out of on whether to put nuclear waste in French have something like 80 percent here because the F–16s are coming, and Yucca Mountain. of their power generated by nuclear they are going to start bombing. At that time, as I looked at the var- power. The British have large amounts It clearly does not make sense to ious alternatives, I decided that the of nuclear power. have an interim storage facility for nu- With the price of natural gas going as best scientific answer to the question clear waste in an area where F–16s with of what to do with nuclear waste was high as it is, it becomes increasingly live ordinance are going to be flying. to leave it where it was. I was assured economically unwise for us to continue There are those who say: The F–16s by the scientists that it was safe in the to build gas-powered electric plants. can change their flight pattern; they dry cask storage that had been pre- Nuclear power is something in which can go around this area; they don’t pared for its transportation, and that it we should get involved in a big way in need to pay attention to it. could be safely transported across the the future, and the Energy bill we One of the things we have learned country to Yucca Mountain. passed prior to the August recess laid from spending time with the BRAC My reaction to that was, if it is safe the groundwork for that. process in determining which military where it is and if it is safe to transport, The question is, of course, if we go in facilities will be retained and which why transport it at all? Why not leave that direction, what do we do with the will not is that more military facilities it where it is? nuclear waste? If Yucca Mountain is have been closed by encroachment than It was very clear that the Congress not going to be available—and I am have been closed by BRAC—encroach- was not going to accept that position, now convinced that it will not be— ment being development or other ac- that the President was not going to ac- where should it be put? There is a pro- tivities that come close to the gate of cept that position, and that we were posal that it should be put in the State the military base that make it impos- going to go ahead as a matter of public of Utah at an interim storage site that sible for the people on the base to do policy and have a single repository for has just recently been licensed by the their job, and they ultimately say: nuclear waste. Nuclear Regulatory Commission. When we built this base, it was sur- So I said: If we are going to have a I put stress on the word ‘‘interim’’ rounded by open spaces. Now activity single repository for nuclear waste, the because the whole idea behind the pro- has come in, development has come in, most logical place for that is Yucca posed facility in Utah, in a place called encroachment has happened, and we Mountain. And I voted in favor of Skull Valley, was that it would simply are going to have to close this base. Yucca Mountain. be a stopover for the waste on its way I do not want to see encroachment Looking back on it, the keyword in to Yucca Mountain, and so it has been take away the last remaining large, that sentence is the word ‘‘if.’’ If we designed and it has been licensed as an land-based test and training range in are going to have a single repository interim storage facility. the United States. We need to rethink for nuclear waste, it appeared that the If it does not make sense for us to this whole thing. logical place to put it was Yucca Moun- take this nuclear waste and put it in a So, Mr. President, I am now making tain. permanent repository, which is what it clear that my support for Yucca It is now clear that we are not going Yucca Mountain is, why does it make Mountain, however well intended it to have a single repository for nuclear sense to put it in an interim repository was at the time, in my opinion does no waste. Yucca Mountain has been chal- that does not have the safeguards that longer hold in the situation in which lenged on scientific grounds. Yucca are built into Yucca Mountain? we find ourselves.

VerDate Aug 31 2005 00:16 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.042 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10223 I also believe the proposal that was One last point. One of the reasons we decades ago, it is now clear, as I say, made at the time we approved Yucca want to be sure the Federal Govern- that it does not make sense, and we Mountain the last time, that of leaving ment is in charge of all of the reproc- need to move in some future direction. the material in place until we can work essing is that the end product after re- To the degree that Senator DOMENICI out the economics and the technology processing is not only additional en- will allow me to participate in trying of reprocessing it, is the right ap- ergy created by the process, but the to find logical solutions under the proach. That is what the future holds. residue that is left is weapons-grade three principles I have described, I will Right now people say: Reprocessing plutonium. We do not want to run the be more than happy to cooperate with it is too expensive. But we know from risk of having weapons-grade pluto- him. To those who had the vision long past experience that technology will nium in the hands of private entities. ago who, as I say, have earned the right find a way around that. It will become We want to be sure that the Govern- to say to the rest of us, ‘‘I told you so,’’ cheaper and cheaper the more we do it. ment controls it. I say I will be happy to join with you, We are already involved in reprocess- What I think we need to do—‘‘we’’ too, in seeing how we can think this ing warheads from the former Soviet being the collective word for the ad- thing through and get the best solution Union as we go through the process of ministration and the Congress, gen- for our Nation and all of those who live reducing nuclear weapons and nuclear erally—is to adopt some fundamental in it. stockpiles around the world. As that principles and then rethink the whole With that, Mr. President, I suggest reprocessing activity goes forward, we issue to come up with the appropriate the absence of a quorum. will learn how to do it faster, we will details. The fundamental principles The PRESIDING OFFICER. The learn how to do it cheaper, and reproc- that I would recommend and that I em- clerk will call the roll. essing will be available for the nuclear brace are, No. 1, we are in favor of nu- The assistant legislative clerk pro- waste that is currently being developed clear power. We want more nuclear ceeded to call the roll. by our nuclear power facilities. power in this country for all of the en- Mr. BENNETT. Mr. President, I ask At that time, it would make sense for vironmental reasons dealing with unanimous consent that the order for the nuclear waste that is stored onsite greenhouse gases, for all of the demand the quorum call be rescinded. to be shipped to a reprocessing center, reasons dealing with the increased ne- The PRESIDING OFFICER. Without not to an interim storage facility. cessity for electric power, and for all of objection, it is so ordered. There is one other factor that needs the legal reasons having to do with the Mr. BENNETT. Mr. President, I ask to be stressed. At the present time, the control of the ownership of these facili- unanimous consent that the Ensign contract to take the nuclear waste and ties. So the No. 1 principle, I am in amendment No. 1753 be modified to be ship it to the interim storage facility favor of nuclear power. No. 2, I am in drafted as a first-degree amendment, in Utah—which, by the way, has not favor of reprocessing. I think we should provided further that the vote in rela- been built; there is still $1 billion work toward that technical solution tion to the Ensign amendment No. 1753 worth of investment that will have to for the question of waste. And No. 3, occur at 4:45 today with no amendment go into that—the process by which that while we are in the process of building in order to the amendment prior to the will go forward will be under the own- new nuclear plants and working toward vote. I also ask for the yeas and nays ership of the utilities that run the nu- reprocessing of the waste, we should on this amendment. clear plants. leave the waste where it is. If, indeed, The PRESIDING OFFICER. Is there The main difference between an in- as I say, it is safe to transport and it is objection? The Chair hears none, and it terim storage facility and a permanent safe to store in an interim facility is so ordered. storage facility in the law has to do someplace else, by definition, it is Mr. BENNETT. I suggest the absence with titles. In the interim storage fa- equally safe to store it where it is. of a quorum. cility, the utility that created the That is cheaper, that is equally as safe, The PRESIDING OFFICER. Is there a waste and ran the nuclear plant retains and that sets us up for the solution of sufficient second? There appears to be title to the waste. While it is being our problem. I believe that if we a sufficient second. The yeas and nays packaged, while it is being shipped, and rethink the whole issue as to how we are ordered. while it is in interim storage, it is are going to handle it and what we are The clerk will call the roll. owned by the utility. Under the Yucca going to do, there may very well be a The legislative clerk proceeded to Mountain proposal, the Federal Gov- useful purpose for Yucca Mountain. We call the roll. ernment would take title to the waste have spent, as a nation, billions of dol- Mr. BENNETT. Mr. President, I ask the minute Yucca Mountain would lars preparing that facility. We should unanimous consent that the order for open so the Federal Government would review the facility and what it offers the quorum call be rescinded. be responsible for packaging it, the and see how it might be used at some The PRESIDING OFFICER. Without Federal Government would be respon- particular point in the future and see objection, it is so ordered. sible for protecting it while trans- how we might retain some of the in- AMENDMENT NO. 1726 porting it, and the Federal Government vestment we have made there. Mr. BENNETT. Mr. President, I be- would be responsible for the security I am not one who thinks we ought to lieve that amendment No. 1726 is now on the site where it would be located. If fill Yucca Mountain up with dirt and the pending business. we leave it where it is while we work walk away and leave it. There can be a The PRESIDING OFFICER. The Sen- on the issue of reprocessing, title re- win-win situation for all. Nevada can ator is correct. mains with the utility that produced get some value out of the investment Mr. BENNETT. This is the managers’ it, but the security that the utility has that has been made in Yucca Mountain amendment that Senator KOHL and I already built into its plant is already if we think it through carefully. The introduced last Thursday. It makes there. It is not exposed to any terrorist Nation can get additional power with- some technical corrections in the bill attack while it is moving so that util- out the greenhouse gas effect that regarding conservation technical as- ity does not have to bear the expense of comes from fossil fuels, and we can ul- sistance for DuPage County, IL. It also extra security in moving waste to timately solve the problem of nuclear makes some technical corrections in which they retain title. waste with reprocessing. the Rural Electrification Act of 1936. It Then when we get to the point where I have discussed this in general terms has the approval of the authorizing we can move it to a reprocessing plant, with Senator DOMENICI, who is the committee, as well as the support of once again the Federal Government chairman of the Energy Committee as USDA, and there is no additional cost may take title to it. well as the chairman of the energy and to the bill. Senator KOHL and I have The Federal Government can provide water subcommittee of the Appropria- taken the position that we will not the security during transportation. tions Committee, and I commend him offer any authorizing legislation on The Federal Government can see that for his original thinking of moving in this bill that does not have the ap- it is kept safe from terrorist attack directions that will make sense for the proval of the authorizing committee. and bring it to the reprocessing facil- future. However, much as the idea of a And this one falls within that scope. So ity. single repository may have made sense it has been cleared on both sides of the

VerDate Aug 31 2005 00:16 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.043 S20SEPT1 S10224 CONGRESSIONAL RECORD — SENATE September 20, 2005 aisle, and I believe we are now prepared I am a little concerned about chang- cern and frustration in Utah. Chari- to pass it on a voice vote. ing our FSA offices when, from what I tably, I will say that the efforts to The PRESIDING OFFICER. The am told back in Missouri, there has close these offices have been handled a question is on agreeing to the amend- been little or no consultation either little less wisely than might otherwise ment. with local FSA people or with producer have been the case. The amendment (No. 1726) was agreed organizations, more particularly farm- I hope that between now and the con- to. ers or the affected communities. I don’t ference we can learn more about this Mr. BENNETT. Mr. President, I move know how we can do this in a way that proposal. I think the Senator’s com- to reconsider the vote and ask that emphasizes service, acceptability, and ments about getting information and that be laid upon the table. accountability without having to talk input from those directly affected is The PRESIDING OFFICER. Without to the people whom we are trying to very wise. objection, it is so ordered. serve. I pledge to work with all the Sen- Mr. BENNETT. Mr. President, I sug- The amendment basically says hold ators concerned on this issue between gest the absence of a quorum. up on this until we have an oppor- now and the time we get to conference. The PRESIDING OFFICER. The tunity for that kind of accessibility So knowing that this will be the vehi- clerk will call the roll. The assistant legislative clerk pro- and that kind of accountability. cle whereby we can get to conference, I Again, I am not saying—and I don’t ceeded to call the roll. am willing to proceed now to a voice Mr. TALENT. Mr. President, I ask think Mr. PRYOR is saying either—that vote and urge Senators to support it. I unanimous consent that the order for no consolidation is possible. I imagine understand it has been cleared on both the quorum call be dispensed with. it is possible in Missouri. We certainly sides. The PRESIDING OFFICER. Without want to look at how we can modernize The PRESIDING OFFICER. Is there objection, it is so ordered. these offices so we can perform better further debate? If not, the question is AMENDMENT NO. 1763 service. But we have to remember that on agreeing to the amendment. Mr. TALENT. Mr. President, I send these are the offices our producers have The amendment (No. 1763) was agreed an amendment to the desk. to go to any time they want to deal to. The PRESIDING OFFICER. The with any of the Government’s various AMENDMENT NO. 1753 clerk will report. programs that affect them. Some of Mr. BENNETT. Mr. President, as we The assistant legislative clerk read them in Missouri are already driving are approaching the hour of 4:45, which as follows: 30, 40 minutes, or more than that, and has been set as the time for the vote on The Senator from Missouri [Mr. TALENT], if they drive and they don’t have all the Ensign amendment, I say to my for himself and Mr. PRYOR, proposes an the forms they need, or they left some- colleagues that Senator ENSIGN out- amendment No. 1763. thing at home, they have to go all the lined the reasons for his amendment. I Mr. TALENT. Mr. President, I ask way home, get it, and turn around and have heard others who for one reason unanimous consent that reading of the come back. or another have already been opposed amendment be dispensed with. When you are proposing eliminating to it. But so far, none of them have The PRESIDING OFFICER. Without some of those offices when they are al- come to the floor to express that oppo- objection, it is so ordered. ready difficult to access, in many sition. The amendment is as follows: cases, I think that is something we I make it clear to anyone who is fol- (Purpose: To prohibit the use of funds to need to look at. I certainly believe we lowing the proceedings that one of the close or relocate certain local offices of the need more consolidation, at least in reasons we have delayed the vote as we Farm Service Agency) Missouri, than we have had now. have and kept the afternoon as open as On page 173, after line 24, insert the fol- That is all this amendment says. I lowing: we have has been to allow those who appreciate very much the bill man- may be opposed to the Ensign amend- SEC. 7lll. None of the funds made avail- agers working with us. I understand able by this or any other Act may be used to ment the opportunity to present their they are going to be willing to accept close or relocate a county or local Farm proposals. Service Agency office unless or until the the amendment. I appreciate that. I We now are at 4:45. I expect the time Secretary of Agriculture has determined the pledge to work with them in con- is far gone and the vote will proceed. I cost effectiveness and enhancement of pro- ference. didn’t want anyone thinking we had gram delivery of the closure or relocation, This language isn’t necessarily the made any effort to prevent anybody and report to the House and Senate Commit- be-all and end-all with regard to this from presenting a different point of tees on Agriculture and Appropriations. issue. I think they see what Senator view than what Senator ENSIGN laid Mr. TALENT. Mr. President, this PRYOR and I are driving at, and I think out when he proposed his amendment amendment, which I am offering on be- everybody would agree this is some- this afternoon. half of myself and Mr. PRYOR, the Sen- thing we want to do with consultation The PRESIDING OFFICER. The hour ator from Arkansas, is an attempt to and discussions with the affected com- of 4:45 having arrived, the question is address a development within the De- munities—in particular the affected on agreeing to the amendment of the partment of Agriculture. The Depart- producer and producer groups. They Senator from Nevada. ment is proposing closing about a quar- are not opposed to making the Farm The yeas and nays have been ordered. ter to a third of the Farm Service Service Agency work better. We all The clerk will call the roll. Agency’s local offices around the coun- know the problems that have some- The assistant legislative clerk called try, including, as far as we can tell, times occurred. But we have poten- the roll. around 30 out of the 90 offices in Mis- tially disaster relief coming down the Mr. DURBIN. I announce that the souri, the object, according to the De- pike, and I certainly hope so for pro- Senator from New Jersey (Mr. partment, being to modernize and con- ducers who have been affected nega- CORZINE), the Senator from Louisiana solidate functions and to provide better tively by the hurricane, or by drought. (Ms. LANDRIEU), and the Senator from service. We have another farm bill that is not West Virginia (Mr. ROCKEFELLER) are Certainly nobody is opposed to better that far away. We need to do this right, necessarily absent. service. But I want to emphasize some- if we are going to do it. That is what The PRESIDING OFFICER (Mr. AL- thing here. The key with regard to how the amendment says. EXANDER). Are there any other Sen- we handle FSA offices has to be service I appreciate the support of the Sen- ators in the Chamber desiring to vote? to the agricultural community and to ator from Utah, and certainly pledge to The result was anounced—yeas 68, our producers. The idea is accessibility. work with him and his ranking mem- nays 29, as follows: The idea is responsiveness. The idea is ber in conference on this amendment. not necessarily somebody’s planning in I yield the floor. [Rollcall Vote No. 237 Leg.] Washington about how they would or- Mr. BENNETT. Mr. President, I share YEAS—68 ganize everything in the United States the concern and frustration of the Sen- Akaka Bayh Boxer if they could do it exactly the way they ator from Missouri with the proposal. Alexander Bennett Bunning wanted. We have had some of that same con- Allen Biden Burr

VerDate Aug 31 2005 02:03 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.045 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10225 Byrd Hagel Mikulski SEC. 7lll. Section 508(a)(4)(B) of the Fed- The legislative clerk read as follows: Cantwell Harkin Murkowski eral Crop Insurance Act (7 U.S.C. The Senator from Wisconsin [Mr. KOHL], Carper Hatch Murray 1508(a)(4)(B)) is amended by inserting ‘‘or Chafee Hutchison Nelson (FL) for Mr. HARKIN, proposes an amendment Chambliss Inouye similar commodities’’ after ‘‘the com- numbered 1765. Nelson (NE) modity’’. Clinton Isakson Obama Mr. KOHL. Mr. President, I ask unan- Coleman Jeffords Reed Mr. ROBERTS. Mr. President, this imous consent that the reading of the Collins Kennedy Reid amendment is very straightforward. It Dayton Kerry Santorum amendment be dispensed with. DeMint Kohl has been cleared by both the chairman Sarbanes The PRESIDING OFFICER. Without DeWine Kyl and ranking member of the Agriculture Schumer objection, it is so ordered. Dodd Lautenberg Committee, and I have also received Dole Leahy Smith The amendment is as follows: Durbin Levin Snowe word that the Risk Management Agen- (Purpose: To require the Secretary of Agri- Ensign Lieberman Specter cy is supportive of this change. culture to provide notice to Congress be- Stabenow Feingold Lott Very simply, the amendment amends fore initiating any structural change in a Feinstein Lugar Sununu the section of the Federal Crop Insur- Frist Martinez Vitter mission area of the Department) Graham McCain Warner ance Act regarding the use of written On page 173, after line 24, insert the fol- Gregg McConnell Wyden agreements for commodities in coun- lowing: NAYS—29 ties where the crop has not yet been SEC. 7lll. 90 days before initiating any approved for crop insurance purposes. structural change in a mission area of the Allard Craig Roberts Department, the Secretary of Agriculture Baucus Crapo The problem is that 3 years of crop- Salazar shall provide notice of the change to the Bingaman Domenici Sessions ping history is needed in order to issue Committees on Appropriations of the Senate Bond Dorgan Shelby a written agreement for coverage. How- Brownback Enzi Stevens and the House of Representatives. Burns Grassley ever, producers cannot get a history of Talent planting because the banker won’t lend Mr. KOHL. I ask for adoption of the Coburn Inhofe Thomas amendment. Cochran Johnson Thune the money if they can’t get insurance Conrad Lincoln The PRESIDING OFFICER. Is there Voinovich coverage. Thus, it is an endless cycle. Cornyn Pryor We have many counties where cov- further debate? If not, the question is NOT VOTING—3 erage exists for sunflowers, and we on agreeing to the amendment. Corzine Landrieu Rockefeller would like to use that data to expand The amendment (No. 1765) was agreed to. The amendment (No. 1753), as modi- coverage to canola. The Risk Manage- Mr. KOHL. I move to reconsider the fied, was agreed to. ment Agency has indicated that this vote, and I move to lay that motion on Mr. BENNETT. Mr. President, I move would be an acceptable practice. How- the table. to reconsider the vote. ever, the current law says that data The motion to lay on the table was Mr. SUNUNU. I move to lay that mo- must be used from the same com- agreed to. tion on the table. modity for which the policy is being The motion to lay on the table was issued. This amendment simply AMENDMENT NO. 1766 agreed to. changes that language to allow data Mr. KOHL. Mr. President, on behalf Mr. BENNETT. Mr. President, I have from agronomically similar crops to be of Senator PRYOR, I send an amend- been asked throughout the vote wheth- used in providing written agreements. ment to the desk. er that is the last vote of the evening. The amendment has been given a The PRESIDING OFFICER. The That obviously is not my call. It is the score of zero by the CBO, and I urge my clerk will report. responsibility of the leader to make colleagues to accept it. The legislative clerk read as follows: that decision. At the moment, I don’t I yield the floor. The Senator from Wisconsin [Mr. KOHL], know of any amendment that would re- The PRESIDING OFFICER. The Sen- for Mr. PRYOR, proposes an amendment num- quire a vote. I would hope that our col- ator from Utah. bered 1766. leagues who have amendments would Mr. BENNETT. Mr. President, I have Mr. KOHL. Mr. President, I ask unan- be aggressive in coming to the floor no objection to this amendment and imous consent that the reading of the now and offering them. We could offer believe we should move forward on a amendment be dispensed with. an amendment now, lay it down for a voice vote. The PRESIDING OFFICER. Without vote in the morning. The PRESIDING OFFICER. Is there objection, it is so ordered. Mr. ROBERTS. Will the Senator further debate on the current amend- The amendment is as follows: yield? ment? (Purpose: To provide a technical correction Mr. BENNETT. I yield. Mr. BENNETT. Mr. President, I ask for the community eligibility for rural Mr. ROBERTS. I have an amend- that we withhold from the vote, and I utilities programs in Arkansas) ment. I would like to offer it. suggest the absence of a quorum. On page 154, line 10, insert ‘‘, Cleburne Mr. BENNETT. The Senator from County, Arkansas,’’ after ‘‘Montana’’. Kansas satisfies our request instantly. The PRESIDING OFFICER. The Mr. KOHL. I ask for adoption of the I am happy to yield the floor. clerk will call the roll. The legislative clerk proceeded to amendment. AMENDMENT NO. 1742 call the roll. The PRESIDING OFFICER. If there Mr. ROBERTS. Mr. President, I have Mr. BENNETT. Mr. President, I ask is no further debate, the question is on an amendment pending at the desk unanimous consent that the order for agreeing to the amendment. numbered 1742. I ask for its immediate the quorum call be rescinded. The amendment (No. 1766) was agreed consideration. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The to. objection, it is so ordered. Mr. KOHL. I move to reconsider the clerk will report. Mr. BENNETT. Mr. President, we are The assistant legislative clerk read vote, and I move to lay that motion on now prepared to proceed to a voice vote as follows: the table. on the Roberts amendment. The motion to lay on the table was The Senator from Kansas [Mr. ROBERTS] The PRESIDING OFFICER. If there proposes an amendment numbered 1742. agreed to. is no further debate, the question is on Mr. KOHL. I yield the floor. Mr. ROBERTS. I ask unanimous con- agreeing to amendment No. 1742. Mr. BENNETT. Mr. President, I sug- sent that reading of the amendment be The amendment (No. 1742) was agreed gest the absence of a quorum. dispensed with. to. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- objection, it is so ordered. clerk will call the roll. ator from Wisconsin. The amendment is as follows: The legislative clerk proceeded to AMENDMENT NO. 1765 (Purpose: To modify the conditions under call the roll. which the Federal Crop Insurance Corpora- Mr. KOHL. Mr. President, on behalf Mr. DAYTON. Mr. President, I ask tion may offer crop insurance to single of Senator HARKIN, I send an amend- unanimous consent that the order for producers) ment to the desk. the quorum call be rescinded. On page 173, after line 24, insert the fol- The PRESIDING OFFICER. The The PRESIDING OFFICER. Without lowing: clerk will report. objection, it is so ordered.

VerDate Aug 31 2005 00:53 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.024 S20SEPT1 S10226 CONGRESSIONAL RECORD — SENATE September 20, 2005 Mr. DAYTON. I thank the Chair. I priated, and necessarily so, with more speak as in morning business for up to ask unanimous consent that I speak in requests to come soon, how that money 10 minutes. morning business for up to 10 minutes. is being expended, or not. These are The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without vital questions that are relevant to de- objection, it is so ordered. objection, it is so ordered. cisions that are being made every day Mr. THUNE. I send the following bill Mr. DAYTON. I thank the Chair. I in expending those billions of dollars to the desk. also thank the distinguished Senator and affecting the lives of those people The PRESIDING OFFICER. The bill from Utah, in charge of the proceedings in that region of the country. will be received and appropriately re- right now, for this opportunity. We have the right, the responsibility ferred. RESPONSE FROM THE ADMINISTRATION to be asking questions in public hear- (The remarks of Mr. THUNE per- Mr. President, it has been 3 weeks ings and getting answers from those taining to the introduction of S. 1733 now since the levees failed in New Orle- who are directly responsible in the ad- are located in today’s RECORD under ans, and the Committee on Homeland ministration. That is long overdue, and ‘‘Statements on Introduced Bills and Security and Governmental Affairs, on I urge again the leadership of the com- Joint Resolutions.’’) which I am a member, is tomorrow mittee and the leadership of the Sen- PET IDENTIFICATION TAGS holding its second public hearing since ate, majority leadership, to make the Mr. HARKIN. I understand that the those levees failed. The title of the insistence and to assure that we get House report on this appropriations hearing is, ‘‘After the London Attacks, the proper witnesses at the highest lev- measure includes language that directs What Lessons Have Been Learned To els of the administration who are re- the APHIS to adopt a particular stand- Secure U.S Transit Systems?’’ sponsible, and that we get answers in ard with respect to microchip identi- That is a worthy topic. I don’t ques- public settings. fication tags for pets, but that the tion that. But in the context of what is Similarly, tomorrow we are informed present measure does not include this occurring in the United States, it is that the Secretary of Defense, Donald language. not, and should not, be the most press- Rumsfeld, and Chairman of the Joint As the ranking member of the au- ing priority of that committee. Chiefs of Staff, Richard Myers, will be thorizing committee that has jurisdic- On this coming Friday, we are having appearing before Members of the Sen- tion over this issue, I strongly disagree the second hearing of that committee ate to discuss the situation in Iraq and with this language being inserted in an related to Hurricane Katrina. The wit- Afghanistan. Once again, that gath- appropriations report, and with a proc- nesses, very distinguished individuals ering is going to be in a closed setting, ess that would dictate a standard for to be sure, are a county judge from private, nonpublic, no press, and not these microchips without fully consid- Harris County, Texas; mayor of Baton the American people. This is a pattern ering alternatives. It is my under- Rouge, LA; mayor of Brookhaven, MS; that has been continued repeatedly standing that pet animals with chips and the mayor of Fayetteville, AR—no over the last 3 months by the adminis- that conform to the standard included one from the administration with re- tration in not being willing to have its in the House report are a small frac- sponsibility for the rescue-recovery ef- top people responsible for the war ef- tion of all the pet animals in the U.S. forts in Louisiana, Mississippi, and fort in Iraq and Afghanistan appear in that presently have a microchip identi- Alabama. No administration official is a public setting before the Committee fication tag implanted under their appearing, as last week when the hear- on Armed Services, of which I am also skin. These ID tags play a vital role in ing was held no one with any direct re- a Member. reuniting pet animals that have gone The last hearing that the Senate sponsibility for Hurricane Katrina and astray with their families. the response to it by the Federal Gov- Armed Services Committee held re- Further, I understand that adopting ernment or any other level of Govern- garding oversight in Iraq was almost 3 this standard as directed would inter- ment was present. months ago. It was June 30 of this year. fere with ongoing intellectual property Some would say we should not dis- Since then we have had, again, private litigation over patented technology in- top secret classified briefings but noth- rupt the relief efforts in that region, corporated in the most widely adopted ing in a public setting where we can and I totally agree. I do not want any microchip standard in the U.S. I think ask questions and where we and the of us to be involved in any way that is it would be improper for Congress to American people can hear the answers. disruptive. Lord knows, those relief ef- take this action at this time. I call upon this administration and forts have been disruptive enough and I do not advocate any action in the its responsible authorities, Cabinet continue to be by all the goings on current legislation, other than to en- Secretaries, those to whom the Presi- down there. But last Sunday, Coast sure that the language unfortunately dent has delegated responsibility to Guard Vice Admiral Allen, now in included by the House is not included make these life-and-death decisions af- charge of the relief effort, found time in the conference report. I would ask fecting our constituents, affecting the to appear on four of the five major TV the subcommittee chair and the rank- brave men and women who are serving talk shows. Two weeks before, Home- ing member whether, since the Senate in Iraq and Afghanistan, affecting the land Security Secretary Chertoff found report is silent on this issue, this issue brave men and women who are involved time to appear on all five of the major is preserved for our consideration as in the rescue efforts down in Southern TV Sunday talk shows. If they are ac- part of the conference, and whether United States, who are making deci- tually in Louisiana or its vicinity they agree with me that this provision sions affecting the lives of those of our around the clock leading the recovery should be dropped from the conference constituents and our citizens, make efforts, let’s hook up a closed tele- report? vision system, communications sys- those leaders available to us in public Mr. BENNETT. I would tell the Sen- tem, and let them appear before our hearings starting now. We deserve the ator that I share his concern regarding committee in a public session via that answers. The American people deserve this provision in the House Report. The communication, but to appear before the answers. report on the Senate version of this I thank the Chair. I yield the floor. the committee which has, under the I suggest the absence of a quorum. legislation is silent on this matter, but Senate authorizing resolution, the au- The PRESIDING OFFICER (Mr. this matter will certainly be preserved thority, not subject to some subse- CHAMBLISS). The clerk will call the for consideration in conference. quent decision by the majority leader- roll. Mr. KOHL. I share the concerns of ship with concurrence by a sufficient The legislative clerk proceeded to the Senator from Iowa and the observa- number of Members of the Senate to call the roll. tions of Chairman BENNETT and look establish a select committee, but right Mr. THUNE. I ask unanimous con- forward to working with both of them now, here and now the authority and sent that the order for the quorum call on this in conference. the responsibility to this body and be rescinded. OCEANIC INSTITUTE (HAWAII) FINFISH HATCHERY more importantly to the American peo- The PRESIDING OFFICER. Without TECHNOLOGY DEVELOPMENT AND TRANSFER ple to be conducting oversight and objection, it is so ordered. Mr. INOUYE. Mr. President, will the what is going on there, how the now Mr. THUNE. Mr. President, I ask distinguished Senators from Utah and over $63 billion this body has appro- unanimous consent I be permitted to Wisconsin yield? I would like to discuss

VerDate Aug 31 2005 00:53 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.055 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10227 with them the tremendous potential of courage the Agricultural Research 2005, or any other provision of law, the provi- open ocean cage culture as a sustain- Service to work closely with the Oce- sions of subchapter IV of chapter 31 of title able source of high protein seafood for anic Institute in utilizing funds appro- 40, United States Code (and the provisions of the United States and the world, and priated for aquaculture development to all other related Acts to the extent they de- pend upon a determination by the Secretary the issues associated with advancing specifically address finfish hatchery of Labor under section 3142 of such title, open ocean cage culture. technology refinement and transfer to whether or not the President has the author- Mr. BENNETT. I am pleased to yield the industry. ity to suspend the operation of such provi- to the senior Senator from Hawaii. Mr. INOUYE. I thank my colleagues. sions), shall apply to all contracts to which Mr. KOHL. I, too, would also like to Mr. SPECTER. Mr. President, I wish such provisions would otherwise apply that join in on the discussion of this matter. to describe my amendment to the fis- are entered into on or after the date of en- Mr. INOUYE. I thank my distin- cal year 2006 Agriculture appropria- actment of this Act, to be performed in the guished colleagues for yielding. Along tions legislation. My amendment would counties affected by Hurricane Katrina and with the increased demand for seafood, extend the Milk Income Loss Contract, described in such proclamation. we have also witnessed the decline in MILC, program for 2 years. It is imper- Mr. BENNETT. Mr. President, in con- natural fisheries. While we have, as a ative that we extend this crucial pro- sultation with the Democratic man- Nation, made great advances with gram for our dairy farmers that expires ager of the bill, I now ask unanimous land-based aquaculture to address the at the end of this month. consent that all first-degree amend- widening gap between seafood demand The MILC program provides a safety- ments to the pending Agriculture ap- and supply, we are beginning to see the net for farmers when the price of milk propriations bill be filed at the desk no emerging potential of open ocean cage falls below a set price per hundred- later than 4 o’clock tomorrow, Wednes- culture as a way to bolster supply weight, or 100 pounds of milk, roughly day, with the exception of those man- without detrimental impacts on the 11 gallons. Dairy farmers in Pennsyl- agers’ amendments that have been marine environment. With the develop- vania, and across the country, are an cleared by both managers. ment of a viable open ocean cage aqua- integral component of our rural econ- The PRESIDING OFFICER. Without culture industry, we will have a valu- omy. In Pennsylvania alone, agri- objection, it is so ordered. able tool to assist our efforts to man- culture is our No. 1 industry with dairy Mr. BENNETT. Mr. President, I sug- age wild fisheries and ensure that being the largest sector composing gest the absence of a quorum. United States consumers will have ac- over 40 percent of the industry. We The PRESIDING OFFICER. The cess to a range of high quality, envi- need to ensure that dairy farmers, like clerk will call the roll. ronmentally responsible seafood prod- most farmers in America, have the pro- The legislative clerk proceeded to ucts. I am proud to say that producers tection needed when the price they re- call the roll. and the marine aquaculture research ceive for their milk falls. Mr. BENNETT. Mr. President, I ask community in my State of Hawaii are During the consideration of the 2002 unanimous consent that the order for farm bill, I coauthored this program to among the leaders in the development the quorum call be rescinded. provide payments to dairy farmers of this new industry. To date, growers The PRESIDING OFFICER. Without when the price of Class I fluid milk in Hawaii have demonstrated the com- objection, it is so ordered. falls below $16.94 per hundredweight. mercial viability of open ocean cage This program applies to all dairy farm- f culture for Hawaiian finfish and have ers in the United States, from my MORNING BUSINESS small scale ventures that supply Ha- former home State of Kansas to Oregon waii as well as some mainland mar- Mr. BENNETT. Mr. President, I ask to Georgia and all the way up to kets. unanimous consent that there now be a Maine. To move open ocean cage culture to period of morning business, with Sen- When the milk prices are low, as they ators permitted to speak for up to 10 the next level requires the refinement were in 2002 and part of 2003, the MILC minutes each. and transfer of finfish hatchery tech- program partially supplements dairy The PRESIDING OFFICER. Without nology to the industry. The Oceanic In- farm income to bridge the gap until objection, it is so ordered. stitute in Hawaii has been the leader in prices recover. When the milk prices developing this technology but re- are strong, the program is dormant. f cently has encountered problems in This was the case for most of 2004 and LORI CARPENTER AND CLAY scaling hatchery technology to a com- 2005. However, one payment of 3 cents COOPER—ANGELS IN ADOPTION mercial level. To overcome these prob- per hundredweight was made in June. lems, this research organization has re- However, dairy economists forecast Mr. REID. Mr. President, I rise today cently expressed a need to remove the that the price of milk will fall in 2006 to honor Lori Carpenter and Clay Coo- nutritional and other constraints in below the set price established in the per of Reno, NV, who were recently the raising of finfish fingerlings des- MILC program. Thus, there is an ur- honored as Angels in Adoption by the tined for open ocean cages. This will gency to extend this program to ensure Congressional Coalition on Adoption. involve some redirection of funds pro- that our dairy farmers continue to Lori and her husband, Clay Cooper, vided by this committee for the Oce- have the safety-net of the MILC pro- have adopted three daughters and one anic Institute of Hawaii for a com- gram. If prices fall and the MILC pro- son from foreign countries. All four prehensive aquaculture development gram is not in place, our farmers will children have come from countries research program. Specifically, there is suffer tremendous losses. with high levels of poverty and a great a need to shift funds from more general I urge my fellow Senators to support deal of political turmoil. feed issues to the myriad problems as- this amendment and America’s dairy Lori and Clay have made it a priority sociated with raising fingerlings on a farmers. to keep the children’s heritage and cul- ture an integral part of their lives. commercial scale for open ocean cages. NOTICE OF INTENT I support such changes in the use of Mrs. BOXER. Mr. President, in ac- They share stories and nursery rhymes funds appropriated for the Oceanic In- cordance with rule V of the Standing from the children’s countries of origin, stitute of Hawaii and seek your concur- Rules of the Senate, I hereby give no- cook native foods, and put the children rence. tice in writing that it is my intention in touch with people from their coun- Mr. BENNETT. In developing a new to move to suspend paragraph 4 of rule try in an effort to keep their native industry, I fully understand the need to XVI for the purpose of proposing to the languages alive. And all four children be flexible and recognize that all issues bill, H.R. 2744, the Agriculture appro- are thriving both academically and so- cannot be anticipated during the ini- priations bill, the following amend- cially. tial phases of a project. I fully concur ment: The Angels in Adoption program pro- vides an opportunity for all Members of with the request for flexibility in the AMENDMENT NO. 1756 Congress to honor the good work of use of the funds provided by this com- On page 173, after line 24, insert the fol- mittee. lowing: their constituents who have enriched Mr. KOHL. I concur with my col- SEC. 7lll. Notwithstanding the procla- the lives of foster children and or- leagues from Hawaii and Utah and en- mation by the President dated September 8, phans. And I am pleased to highlight

VerDate Aug 31 2005 00:53 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.030 S20SEPT1 S10228 CONGRESSIONAL RECORD — SENATE September 20, 2005 the extraordinary work of Lori Car- scorekeeping report prepared by the technical and economic assumptions for fis- penter and Clay Cooper. Congressional Budget Office under Sec- cal year 2005 that underlie H. Con. Res. 95, I salute the Carpenter-Cooper family tion 308(b) and in aid of Section 311 of the Concurrent Resolution on the Budget for and their richly deserved recognition the Congressional Budget Act of 1974, Fiscal Year 2006. Pursuant to section 402 of as amended. This report meets the re- that resolution, provisions designated as as Angels in Adoption. emergency requirements are exempt from f quirements for Senate scorekeeping of enforcement of the budget resolution. As a Section 5 of S. Con. Res. 32, the first result, the enclosed current level report ex- NATIONAL PUBLIC LANDS DAY concurrent resolution on the budget for cludes these amounts (see footnote 2 of the Mr. REID. Mr. President, I rise today 1986. report). to celebrate the 12th annual National This report shows the effects of con- Since my last letter, dated July 28, 2005, Public Lands Day that is set to take gressional action on the 2005 budget the Congress has cleared and the President place on Saturday, September 24, 2005. through September 14, 2005. The esti- has signed the following acts that changed Across the Nation, nearly 100,000 people mates of budget authority, outlays, budget authority, outlays, or revenues: will come together on this day to get and revenues are consistent with the Surface Transportation Extension Act of their hands dirty while protecting and technical and economic assumptions of 2005, Part V (Public Law 109–40); improving our Nation’s public lands. the 2006 concurrent resolution on the Interior Appropriations Act, 2006 (Public And today I would like to offer my budget, H. Con. Res. 95. Law 109–54); The estimates show that current heartfelt appreciation to every man, Energy Policy Act of 2005 (Public Law 109– level spending is under the budget reso- 58); woman, and child that contributes to lution by $1.922 billion in budget au- this vital campaign. Safe, Accountable, Flexible, and Efficient thority and over the budget resolution Transportation Equity Act: A Legacy for In Nevada, where nearly 87 percent of by $101 million in outlays in 2005. Cur- Users (Public Law 109–59); our lands are managed by Federal rent level for revenues is $447 million Emergency Supplemental Appropriations agencies, the relationship between the above the budget resolution in 2005. Act to Meet Immediate Needs Arising from people and our public lands is tangible Since my last report dated July 28, the Consequences of Hurricane Katrina, 2005 and real. For ranchers, hunters, farm- 2005, the Congress has cleared and the (Public Law 109–61); and ers, hikers, miners, and every Nevadan President has signed the following acts Second Emergency Supplemental Appro- that has driven a lonely dirt road in that changed budget authority, out- priations Act to Meet Immediate Needs Aris- search of solitude, our public lands rep- lays, or revenues: the Surface Trans- ing from the Consequences of Hurricane resent an irreplaceable resource. That portation Extension Act of 2005, Part V Katrina, 2005 (Public Law 109–62). is why programs like National Public (P.L. 109–40); the Interior Appropria- The effects of the actions listed above are Lands Day—that remind us that we all tions Act, 2006 (P.L. 109–54); the Energy detailed in the enclosed reports. reap the rewards of good stewardship, Policy Act of 2005 (P.L. 109–58); the Sincerely, DOUGLAS HOLTZ-EAKIN, and that we suffer together when our Safe, Accountable, Flexible, and Effi- Director. lands are mismanaged or abused—are cient Transportation Equity Act: A Enclosures. so important. Legacy for Users (P.L. 109–59); the Those individuals that will rise early Emergency Supplemental Appropria- TABLE 1.—SENATE CURRENT-LEVEL REPORT FOR SPEND- in the morning on the 24th of this tions Act to Meet Immediate Needs ING AND REVENUES FOR FISCAL YEAR 2005, AS OF month to help with one of the more Arising from the Consequences of Hur- SEPTEMBER 14, 2005 than 650 National Public Lands Day ricane Katrina, 2005 (P.L. 109–61); and [In billions of dollars] projects will be giving a gift of service the Second Emergency Supplemental to the local landscapes, to the local Appropriations Act to Meet Immediate Current Budget Current level over/ communities, and to people of the Needs Arising from the Consequences resolution 1 Level 2 under (¥) United States at large. I thank these of Hurricane Katrina, 2005 (P.L. 109–62). resolution volunteers, and the staff of the land I ask unanimous consent to print the ON-BUDGET management agencies who are tasked following in the RECORD. Budget Authority ...... 1,996.6 1,994.7 ¥1.9 with the responsibility of protecting, There being no objection, the mate- Outlays ...... 2,023.9 2,024.0 0.1 Revenues ...... 1,483.7 1,484.1 0.4 managing, and maintaining these lands rial was ordered to be printed in the each and every day. Our public lands RECORD, as follows: OFF-BUDGET Social Security Outlays ...... 398.1 398.1 0 are one of the most important national U.S. CONGRESS, Social Security Revenues ..... 573.5 573.5 0 legacies that we leave behind for future CONGRESSIONAL BUDGET OFFICE, Washington, DC, September 15, 2005. 1 H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year generations. Working together—at 2006, assumed the enactment of emergency supplemental appropriations for Hon. JUDD GREGG, fiscal year 2005, in the amount of $81,811 million in budget authority and places like Lake Mead, Mount Charles- Chairman, Committee on the Budget, $32,121 million in outlays, which would be exempt from the enforcement of ton, Red Rock Canyon, Lake Tahoe, U.S. Senate, Washington, DC. the budget resolution. Since current level excludes the emergency appropria- tions in P.L. 109–13 (see footnote 2 of Table 2), the budget authority and the Ruby Mountains, and the Black DEAR MR. CHAIRMAN: The enclosed tables outlay totals specified in the budget resolution have also been reduced (by Rock Desert—we can make sure that show the effects of Congressional action on the amounts assumed for emergency supplemental appropriations) for pur- this legacy is a strong one. the 2005 budget and are current through Sep- poses of comparison. tember 14, 2005. This report is submitted 2 Current level is the estimated effect on revenue and spending of all leg- f islation that the Congress has enacted or sent to the President for his ap- under section 308(b) and in aid of section 311 proval. In addition, full-year funding estimates under current law are in- BUDGET SCOREKEEPING REPORT of the Congressional Budget Act, as amend- cluded for entitlement and mandatory programs requiring annual appropria- ed. tions even if the appropriations have not been made. Mr. GREGG. Mr. President, I hereby The estimates of budget authority, out- Source: Congressional Budget Office. submit to the Senate the budget lays, and revenues are consistent with the Note: * = less than $50 million. TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT-LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2005, AS OF SEPTEMBER 14, 2005 [In millions of dollars]

Budget authority Outlays Revenues

Enacted in Previous Sessions:1 Revenues ...... n.a. n.a. 1,484,024 Permanents and other spending legislation ...... 1,109,476 1,070,500 n.a. Appropriation legislation ...... 1,298,963 1,369,221 n.a. Offsetting receipts ...... ¥415,912 ¥415,912 n.a. Total, enacted in previous sessions ...... 1,992,527 2,023,809 1,484,024 Enacted This Session: Authorizing Legislation: Surface Transportation Extension Act of 2005 (P.L. 109–14) ...... 16 0 0 TANF Extension Act of 2005 (P.L. 109–19) ...... 81 45 0 Surface Transportation Extension Act of 2005, Part II (P.L. 109–20) ...... 15 0 0 Surface Transportation Extension Act of 2005, Part III (P.L. 109–35) ...... 3 0 0 Surface Transportation Extension Act of 2005, Part IV (P.L. 109–37) ...... 5 0 0 Surface Transportation Extension Act of 2005, Part V (P.L. 109–40) ...... 2 0 0 Energy Policy Act of 2005 (P.L. 109–58) ...... 0 0 40 Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (P.L. 109–59) ...... 1,562 8 0

VerDate Aug 31 2005 02:03 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.031 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10229 TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT-LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2005, AS OF SEPTEMBER 14, 2005— Continued [In millions of dollars]

Budget authority Outlays Revenues

Appropriation Acts: Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (P.L. 109–13) 2 ...... ¥1,058 4 41 Interior Appropriations Act, 2006 (P.L. 106–54) ...... 1,500 120 0 Total, enacted this session ...... 2,126 177 81

Total Current Level 23 ...... 1,994,653 2,023,986 1,484,105 Total Budget Resolution ...... 2,078,456 2,056,006 1,483,658 Adjustment to budget resolution for emergency requirements 4 ...... ¥81,881 ¥32,121 n.a. Adjusted Budget Resolution ...... 1,996,575 2,023,885 1,483,658 Current Level Over Adjusted Budget Resolution ...... n.a. 101 447 Current Level Under Adjusted Budget Resolution ...... 1,922 n.a. n.a.

1 The effects of an act to provide for the proper tax treatment of certain disaster mitigation payments (P.L. 109–7) and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (P.L. 109–8) are included in this section of the table, consistent with the budget resolution assumptions. 2 Pursuant to section 402 of H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2006, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. As a result, the cur- rent level excludes: $83,140 million in budget authority and $33,034 million in outlays from the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (P.L. 109–13); $10,500 million in budget authority and $1,150 million in outlays from the Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005 (P.L. 109–61); and $51,800 million in budget au- thority and $125 million in outlays from the Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005 (P.L. 109–62). 3 Excludes administrative expenses of the Social Security Administration, which are off-budget. 4 H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2006, assumed the enactment of emergency supplemental appropriations for fiscal year 2005, in the amount of $81,811 million in budget authority and $32,121 million in outlays, which would be exempt from the enforcement of the budget resolution. Since current level excludes the emergency appropriations in P.L. 109–13 (see footnote 2), the budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supplemental appropriations) for purposes of comparison. Notes.—n.a. = not applicable; P.L. = Public Law. Source: Congressional Budget Office.

NATIONAL ADDICTION their lives out of control; they can seek phen played baseball and the saxo- COUNSELOR’S DAY treatment with an addiction counselor phone in high school. His baseball Mr. BIDEN. Mr. President, over the or other health professional and take coach remembers him as ‘‘hardworking course of this entire month we are cele- charge of their futures. and dedicated.’’ His friends remember brating National Drug and Alcohol Ad- The people who treat this destructive him as having a great sense of humor. diction Recovery Month, a time when disease are a dedicated, knowledgeable In high school, Stephen was voted we focus on the benefits of substance group of professionals who have com- ‘‘most witty.’’ abuse treatment and highlight the mitted themselves to a noble cause. Ever since he was a child, Chief War- hope of recovery for those in the grasp They are a critical part of our Nation’s rant Officer Two Shephard had a love of drug and alcohol addiction. And health care system. Today there are for aviation. He got his pilot’s license before he even graduated from high today, September 20, we are focusing countless sober individuals living school. His sister says that ‘‘being a on the men and women who help guide happy, productive lives only because, pilot was his lifelong dream.’’ After people to recovery as we recognize Na- in a moment-of-truth, a counselor was graduating from high school, Stephen tional Addiction Counselor’s Day. there and made the difference. Not only do these counselors assist in re- earned a bachelor’s degree in aviation These professionals are unsung heroes from Oklahoma State University and who deserve our recognition, respect, covery but in prevention and interven- tion as well. Through training and ex- then served as a flight instructor at and gratitude. the Air Force Academy in Colorado It is an unfortunate reality that sub- perience, addiction professionals can Springs and at Kansas State Univer- stance abuse and addiction are perva- help turn a life around and often even sity. Stephen was a wonderful teacher sive in our country. Last year, over 19 save it. And for the friends and family with patience and a sense of humor in of a person struggling with addiction, million Americans used illicit drugs, 55 the classroom. His students loved him counselors are an answer to a prayer, million had engaged in binge drinking, and looked up to him. and over 16 million were considered guiding their loved one to a life in re- In 1998, Stephen married Meleah, who heavy drinkers. These are staggering covery. is also from Purcell. Like many other statistics. We have all known someone I ask all of my colleagues to join me Americans, Stephen felt a call to duty a family member, friend, or coworker today in recognizing the priceless con- following the September 11 attacks, who has or has had a drug or alcohol tributions of addiction counselors, and and he joined the Army in 2002 in re- problem. Many of us have even spent giving them our gratitude. Their work sponse to that call. Stephen and time trying to convince a loved one to to restore hope to shattered lives and Meleah were expecting their first child seek treatment, confident that a good broken families is invaluable. I applaud in September of this year. treatment center and a qualified health their work and hope that on National Stephen was assigned to B Company, professional would be able to restore Addiction Counselor’s Day they know 3rd Battalion, 3rd Aviation Regiment hope to our loved one and help them how much they are respected and ap- of the 3rd Infantry Division out of Fort into recovery. preciated. Bragg, NC. He was killed on June 27, Left untreated, addiction is a dev- f 2005, in Tija, Iraq, when enemy forces astating disease which has far-reaching shot down the Apache helicopter he HONORING OUR ARMED FORCES consequences. It exacerbates social ills was flying. Stephen died doing what he including crime, disease, child abuse CHIEF WARRANT OFFICER TWO STEPHEN E. loved—flying—and fighting for our and neglect, domestic violence, and a SHEPHARD freedom. wide range of family problems. It costs Mr. INHOFE. Mr. President, today I For this soldier from Purcell, OK, society billions each year in health would like to stand in honor of a great there is no deeper honor than the mem- care costs, lost productivity, and prop- Oklahoman. CWO2 Stephen Shephard ory he leaves behind. He gave of him- erty damage. It also costs lives and gave his life in the battle for freedom self in life as well as in death, and causes immeasurable amounts of grief in Iraq. Steven is a true American hero stands out as an example to all of us. and pain. But there is hope: drug and who joined the war against terrorism Today I honor a true hero, CWO2 Ste- alcohol abuse are treatable problems. after he witnessed the September 11 at- phen Shephard. Addiction is a chronic relapsing disease tacks on our own country. He was truly MARINE SERGEANT JAMES R. GRAHAM, III and, as with other chronic relapsing an admirable soldier and a great man. Mr. President, it is a great but sol- diseases such as diabetes, hypertension Chief Warrant Officer Shephard was emn honor to rise today in memory of and asthma, there may not be a cure born in Stillwater, OK, in 1974. His a courageous young man who recently but there are a number of treatments family then moved to Purcell, OK, gave his life in defense of his Nation to control the disease. That means that where Stephen attended Purcell and his fellow soldiers, Marine Sgt addicts are not sentenced to living schools until he graduated in 1993. Ste- James R. Graham, III.

VerDate Aug 31 2005 04:00 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.053 S20SEPT1 S10230 CONGRESSIONAL RECORD — SENATE September 20, 2005 Sergeant Graham, 25, leaves behind a I am asking each Senator to go back face of looters, the New Orleans Chil- wife and two small children. He was to your respective States and seek as- dren’s Hospital was forced to evacuate known for his kindness and willingness sistance for Habitat for this out- and seek safer locations for all of their to help others, often playing soccer standing project. Designated dollars for young patients. In the great spirit of with neighborhood children. ‘‘Operation Home Delivery’’ will pur- the Show-Me State, the dedicated lead- Sergeant Graham was assigned to 4th chase specific pieces of the house. For ership and staff of Kansas City Chil- Tank Battalion, 4th Marine Division, example, $35 will buy roof shingles or dren’s Mercy Hospital didn’t sit back Marine Forces Reserve, an antitank $100 will buy a front door. These gifts and wait to be asked to help. Instead, unit based in Broken Arrow, OK. He will allow people not only to have a Children’s Mercy President and CEO was deployed to Iraq with the 2nd Ma- home but to begin to rebuild their Rand O’Donnell picked up the phone rine Division, II Marine Expeditionary lives. and called the CEO of the New Orleans Force to provide support in the ongo- Habitat for Humanity is working to Children’s and asked how he could ing reconstruction and security efforts. provide hope for the future to the vic- help. Children’s Mercy threw open While serving there he was awarded the tims of Katrina with this worthy their doors to make room for 24 of Good Conduct Medal, the Armed Forces project. these children ranging in age from 3 Reserve Medal and the Selective Ma- f rine Corps Reserve medal. On Monday, months to 23 years, from New Orleans August 1, he was killed as a result of a LOCAL LAW ENFORCEMENT Children’s Hospital. These patients are suicide bombing while conducting com- ENHANCEMENT ACT OF 2005 being treated for a variety of condi- bat operations near Hit, a city about 85 Mr. SMITH. Mr. President, I rise tions including asthma, cystic fibrosis, miles northwest of Baghdad. today to speak about the need for hate leukemia, kidney failure, and broken The soldiers, friends, and family who crimes legislation. Each Congress, Sen- bones. are left behind remember a true exam- ator KENNEDY and I introduce hate With the help of the Missouri Na- ple of professionalism and patriotism. crimes legislation that would add new tional Guard, two C–130 military trans- Sergeant Graham died a true hero, categories to current hate crimes law, port planes transported the patients worthy of the respect and gratitude of sending a signal that violence of any and family members from New Orleans. every American. None among us can kind is unacceptable in our society. The C–130 planes, part of the 139th Air- dispute the tragedy of plans unrealized Likewise, each Congress I have come to lift Wing in St. Joseph, MO, were al- and ambitions unfulfilled, and our the floor to highlight a separate hate ready in the region as part of national thoughts and prayers are with Ser- crime that has occurred in our coun- hurricane relief efforts. Children’s geant Graham’s wife and family. try. Mercy also sent a smaller, fixed-wing Though we are all grieved by the loss On September 22, 2004, a 36-year-old aircraft capable of transporting two pa- of this soldier, we will never cease to man was stabbed several times outside tients at a time. That plane and the be proud of him. His sacrifice echoes his home by two men in New Orleans, across the world and in our hearts. He Children’s Mercy crew were used to LA. The apparent motivation for the transport a critically ill child to an- was a true Oklahoman, and a true attack was the man’s sexual orienta- American—Sgt James Graham, III. other children’s hospital. Children’s tion. Mercy and MAST ambulances helped f I would note that recently in the transport the children from the airport OPERATION HOME DELIVERY House, hate crimes legislation was to Children’s Mercy and Children’s passed in a bipartisan vote. I strongly Mrs. BOXER. Mr. President, Hurri- Mercy South. About 30 parents and believe that we must also move similar cane Katrina has caused unprecedented other family members traveled with legislation in the Senate. In the destruction and suffering for so many the patients. I am pleased to report months ahead I look forward to work- people in this country. The rest of the that these children are doing well; in ing with Senator KENNEDY as we con- Nation has been extremely generous to fact some of these children have al- tinue our work in passing a hate help people who are suffering from the ready been discharged from the hos- crimes bill. devastation caused by Katrina. pital. One area where people need help is f rebuilding housing. To help Katrina Missouri, no stranger to disaster, ‘‘SHOW-ME’’ LEADERSHIP THAT wasted no time in showing folks that victims, Habitat for Humanity Inter- SAVED LIVES national is launching ‘‘Operation Home in difficult times we pull together, Delivery,’’ to provide assistance and re- Mr. BOND. Mr. President, the trag- sending doctors, transport teams, sup- building opportunities in New Orleans edy that has befallen the gulf coast re- plies, and the National Guard to rescue and elsewhere along the gulf coast. A gion, its impact on families and com- these children and their families. Chil- major component of this operation is munities, has been truly staggering. dren’s Mercy even arranged for lodging, the ‘‘home in a box project.’’ Our thoughts and prayers are with each food and transportation to be provided The plan is to ‘‘pre-build’’ the frame individual who has been affected by for the parents and families during of a home. The house will be assembled this hurricane. Yet even in our darkest their time in Kansas City. Thanks to to ensure the construction, and, then, hours and our most difficult days once the generosity and hospitality shown the frame will be taken apart and the again we have seen the emergence of an to these families by both the hospital components placed, along with other American spirit that takes pride in tri- and the community some of these fami- necessary construction materials, in a umphing in the face of great adversity. lies are considering a permanent relo- container and shipped to an area along The examples of this American spirit cation to the Kansas City area. the gulf coast or New Orleans where are too numerous to document. We I rise today to salute the remarkable families, volunteers, and builders will have seen examples in every neighbor- rebuild the home. hood, every city, and every state in the work of the staff at Kansas City Chil- ‘‘Operation Home Delivery’’ homes nation as Americans all over the coun- dren’s Mercy and the Missouri Air will mirror traditional Habitat homes try have rallied around those who are Guard on behalf of some of the hurri- by being simple and affordable, pro- most in need. In Missouri, we have cane’s littlest victims and their fami- viding approximately 1,100 to 1,300 opened our doors and welcomed dis- lies. In times of trouble, people look square feet of living space. The esti- placed families to our homes, our com- for leadership. During a week of great mated cost of a house for the gulf re- munities, our churches, our schools, uncertainty, you pulled together as a gion is only $85,000. This includes all our health centers, and our hospitals. team and led people from chaos to safe- components to completely build the Today, I would especially like to ty. Together you provided leadership home and costs associated with trans- highlight the efforts to bring some of and hope to those who desperately portation, delivery, utilities and site New Orleans’ littlest victims to safety needed it. You were an inspirational preparation. The first project in ‘‘Oper- in Kansas City. Confronted with no example to others seeking to provide ation Home Delivery’’ will be this electricity, shortage of supplies and help. I have never been prouder to rep- month in Jackson, MS. the growing security concerns in the resent you and the State of Missouri.

VerDate Aug 31 2005 00:53 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.033 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10231 S. 1711 journalists and administration officials. It is bers, behind our increasingly controversial the way our highest national priority is de- involvement in Iraq. ‘‘GWOT,’’ as Dan Mr. FEINGOLD. Mr. President, while scribed by almost everyone. Froomkin wrote on The Post’s Web site last I do not make it a practice to comment But ‘‘GWOT’’ is not an accurate descrip- month, is ‘‘the metaphor that has consist- on every bill that has been introduced, tion of America’s enemy or of what we are ently been [President Bush’s] most potent I am moved to remark on what I con- engaged in. Unless people know whom we are weapon in the battle for public opinion.’’ sider to be a particularly misguided re- fighting, it will be virtually impossible to The struggle against violent extremism cent legislative initiative—a bill allow- win the war of ideas that is such a key part will continue, of course, long after bin Laden ing the Environmental Protection of this struggle. The new undersecretary of is eliminated by death or capture. It will be state for public diplomacy, Karen Hughes, Agency, EPA, the very agency charged a long conflict, with casualties and high who is charged with primary responsibility costs, just like the efforts against fascism with protecting the public’s health, to for this part of the war, has a chance to fix and communism. But fundamentally this is a waive all laws under its jurisdiction— the problem, but only if she is willing to war of ideas, and a more aggressive, direct public health and environmental laws— change some deeply ingrained rhetoric and attack on those ideas, and the men behind during the cleanup of hurricane the political reasons behind it. them, is necessary. Katrina. The bill, S. 1711, would even Stopping terrorists, using all necessary For starters, Osama bin Laden must be dis- allow these waivers over local and means, is vital in protecting the Nation. We credited, even if he remains at large. He is cannot win without the use of force and not, as some argue, irrelevant simply be- State opposition. first-rate intelligence. But suicide bombers People returning to areas devastated cause his war will continue after he is gone are merely the expendable, deluded cannon (although, of course, it will). He remains a by the hurricane deserve to know, fodder of ruthless ideologues. This has been folk hero to millions of Muslims; youths among other things, that their water is true with terrorists throughout history. The wear T-shirts of him and children are named safe to drink and that new construc- long-term battle is against the underlying after him throughout the Muslim world. The tion won’t put them or their families ideas and leaders behind these specific United States should stop ignoring him and in harm’s way by polluting their air or groups of terrorists. his henchmen; exposing them must become a Despite factionalism and fierce doctrinal by destroying wetlands that can pro- top priority. He is a false prophet who in- disputes, our enemies, broadly speaking, con- cites mass murder, but he is clearly eloquent vide valuable ecological services. Al- stitute a movement, with goals, gurus, though the legislation calls for up to 18 and charismatic. His ideas, no matter how ideologues, myths and martyrs. They share a insane they seem to us, appeal to many peo- months of waivers, given the long-term core set of virulently anti-Western beliefs ple. (Hitler had those qualities, too.) nature of the types of activities in- and have common goals: to destroy the mod- Which brings us back to Karen Hughes. volved, the effects of these waivers erate (and still majority) wing of Islam, to With her enormous bureaucratic clout, de- could be long lasting. establish Islamist theocracies that look rived from her closeness with President The broad approach being pushed is backward toward a mythic ‘‘golden age,’’ to Bush, the new undersecretary of state has a seek the destruction of Israel, and to inflict chance to make history. To do so, however, completely unnecessary and puts peo- maximum damage and human suffering ple and the environmental resources she must change some fundamental parts of through acts of terrorism. our public message, and then devise better they depend upon at risk. While all of Among its leaders, there is one whose face delivery systems for it—precisely what she is as internationally recognized today as us want to help those affected by hurri- did so effectively for Bush during so many Adolf Hitler’s was in 1941. He was responsible cane Katrina, there is simply no valid campaigns. for Sept. 11. Yet the United States has not reason to think that we need to erode Hughes should begin by revisiting what her made it a primary goal to expose Osama bin established environmental and public own boss said on Aug. 6, 2004, speaking with- Laden as the monster he is, something Roo- out a text. ‘‘We actually misnamed the war health protections in order to do so. We sevelt and Winston Churchill did to Hitler, on terror,’’ the president said that day. ‘‘It should be focused not on efforts that and American leadership did to communism ought to be the struggle against ideological could harm the very people who have during the Cold War by demonstrating its extremists who do not believe in free soci- already faced the unthinkable but on moral and intellectual bankruptcy. Bin eties, who happen to use terror as a weapon.’’ Laden (unlike Saddam Hussein) has been vir- efforts that will safeguard the health of He was, inexplicably, laughed at for this re- tually ignored in public by official Wash- the public and the health of the envi- mark, and rapidly retreated to safer rhetor- ington. ronment. Anything short of this should ical terrain. More recently, when Defense Terrorism is not an end in itself; it is a Secretary Donald Rumsfeld tried to replace be off the table. tactic, just as it has been for countless other ‘‘GWOT’’ with the ‘‘global struggle against f movements throughout history that sought violent extremism’’—a somewhat more accu- to destroy or paralyze the established order, rate phrase—the president immediately DEFEATING TERRORIST or attract attention to their cause. Over 2 overruled him and again linked GWOT close- NETWORKS years ago, Zbigniew Brzezinski, among oth- ly to Iraq during a series of public appear- ers, pointed out that a ‘‘war on terror’’ was Mr. FEINGOLD. Mr. President, ances. like a ‘‘war on blitzkrieg’’ or a ‘‘war on war.’’ But the president got it right last year. throughout the 4 years since the Sep- For this important insight, the former na- Words matter, and we need better ones to ex- tember 11, 2001, terrorist attacks on tional security adviser was both attacked plain to the world, and to ourselves, who the this country, it has been clear to me and ignored. During the 2004 campaign, I enemy is. How about making it simple and that our first national security pri- stumbled into a public dispute with senior specific: something like ‘‘the war against ority must be combating and defeating administration officials, including Vice Osama bin laden and his followers’’? And President Cheney, when, as a John Kerry the terrorist networks that seek to do then create an all-out, no-holds-barred cam- surrogate, I told a New York Times Maga- us harm. Former U.S. Ambassador to paign to expose, ridicule and destroy every- zine writer that the phrase could be consid- the United Nations Richard Holbrooke thing he and his ilk stand for—murder, hor- ered a metaphor and compared it to phrases ror, intolerance, disrespect for human life wrote a thought-provoking piece about such as the ‘‘war on poverty.’’ For this both and a false view of Islam. the ideological battleground that is a Kerry and I were assailed as naive, and I was vitally important part of our chal- asked, in the sneering tones of certain cable f lenge, and about the importance of television interviewers, if I really thought public diplomacy efforts in our overall we were at war with a ‘‘metaphor.’’ ADDITIONAL STATEMENTS campaign. It was published in the Of course not. But despite the grand rhet- Washington Post on September 9, and I oric, does anyone think the United States is actually fighting ‘‘terror’’ or ‘‘terrorism’’ ask that it be printed in the RECORD. IN RECOGNITION OF REVEREND globally? We may detest terrorism in Sri DR. VAHAN H. TOOTIKIAN There being no objection, the mate- Lanka, but we are not engaged in that civil rial was ordered to be printed in the war. Nor in Nepal, northern Uganda, Aceh or ∑ Mr. LEVIN. Mr. President, I would RECORD, as follows: countless places around the world. like to call my colleagues’ attention to [From the Washington Post, Sept. 9, 2005] By calling both Iraq and Sept. 11 part of a distinguished religious leader in the war on terrorism, the administration has OUR ENEMY’S FACE Michigan, Reverend Dr. Vahan H. been partially successful in linking public (By Richard Holbrooke) Tootikian. Dr. Tootikian will be hon- support for the less popular war in Iraq to ored at a special testimonial banquet Let us take a hard look at some extremely the universally supported fight against al important words: ‘‘the global war on ter- Qaeda, even though no convincing evidence on Sunday, September 25, 2005, in Troy, rorism.’’ Since Sept. 11, this phrase—often has been produced connecting the two. No MI. The tribute will mark his retire- reduced in Washingtonese to ‘‘GWOT’’—has other explanation has proved as valuable in ment from active parish ministry and entered the English language, popularized by keeping Americans, albeit in declining num- will recognize his 30 years as pastor of

VerDate Aug 31 2005 00:53 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.039 S20SEPT1 S10232 CONGRESSIONAL RECORD — SENATE September 20, 2005 the Armenian Congregational Church ice to the community, and on his many AA66)(2005–0194)) received on August 22, 2005; of Greater Detroit and his 46 years of achievements in the pastoral ministry. to the Committee on Commerce, Science, Christian ministry. Since accepting his I am pleased to offer my best wishes to and Transportation. call to the ministry in 1959, Dr. EC–3802. A communication from the Pro- him on his retirement, and for many gram Analyst, Federal Aviation Administra- Tootikian has used his talents and more years of good health, happiness, tion, Department of Transportation, trans- unique skills to encourage and en- and contribution to the spiritual well mitting, pursuant to law, the report of a rule lighten people around the world. He being of many people around the entitled ‘‘Airworthiness Directives: Boeing has earned the respect and admiration world.∑ Model 747–100, 747–100B, 747–100B SUD, 747– of the Armenian and the greater reli- 200B, 747–200C, 747–200F, 747–300, 747SP, and gious community in Michigan, f 747SR Series Airplanes; Equipped with Pratt throughout North America, and around MESSAGE FROM THE HOUSE and Whitney Model JT9D–3 and –7 Series En- the world for his pastoral leadership gines’’ ((RIN2120–AA64)(2005–0398)) received At 4:39 p.m., a message from the and his commitment and devotion to on August 22, 2005; to the Committee on House of Representatives, delivered by service. Commerce, Science, and Transportation. Ms. Niland, one of its reading clerks, EC–3803. A communication from the Pro- Born in Kessab, Syria in 1935, Dr. gram Analyst, Federal Aviation Administra- Tootikian received his primary edu- announced that the House agrees to the amendment of the Senate to the tion, Department of Transportation, trans- cation at the Armenian Evangelical mitting, pursuant to law, the report of a rule schools in Syria and his secondary edu- bill (H.R. 3649) to ensure funding for entitled ‘‘Airworthiness Directives: Gulf- cation in Beirut, Lebanon. He simulta- sportfishing and boating safety pro- stream Model G–IV, GIV–X, GV, and GV–SP neously earned a bachelor of art degree grams funded out of the Highway Trust Series Airplanes’’ ((RIN2120–AA64)(2005–0396)) with honors and a bachelor of theology Fund through the end of fiscal year received on August 22, 2005; to the Com- degree with honors from the American 2005, and for other purposes. mittee on Commerce, Science, and Transpor- University of Beirut and the Near East The message also announced that the tation. House has passed the following bill, EC–3804. A communication from the Pro- School of Theology, respectively. He gram Analyst, Federal Aviation Administra- then served as pastor of Armenian without amendment: tion, Department of Transportation, trans- Evangelical Churches in Syria and S. 1340. An act to amend the Pittman-Rob- mitting, pursuant to law, the report of a rule Egypt before coming to the United ertson Wildlife Restoration Act to extend entitled ‘‘Airworthiness Directives: Gulf- States in 1965 to pursue religious stud- the date after which surplus funds in the stream Aerospace LP Model Galaxy and ies at Hartford Seminary, Harvard Di- wildlife restoration fund become available Gulfstream 200 Airplanes’’ ((RIN2120– vinity School, and Andover Newton for apportionment. AA64)(2005–0397)) received on August 22, 2005; Theological Seminary. While serving f to the Committee on Commerce, Science, as minister of the Armenian Memorial and Transportation. MEASURES PLACED ON THE EC–3805. A communication from the Pro- Church in Watertown, MA, Dr. CALENDAR gram Analyst, Federal Aviation Administra- Tootikian earned a master of sacred tion, Department of Transportation, trans- theological degree in 1970, and a doctor The following bill was read the sec- mitting, pursuant to law, the report of a rule of ministry degree cum laude in 1973. ond time, and placed on the calendar: entitled ‘‘Airworthiness Directives: Robinson In 1975, Dr. Tootikian was welcomed S. 1718. A bill to provide special rules for Helicopter Company Model R–22 Series Heli- into the pastorate of the Armenian disaster relief employment under the Work- copters’’ ((RIN2120–AA64)(2005–0401)) received Congregational Church of Greater De- force Investment Act of 1998 for individuals on August 22, 2005; to the Committee on troit. Under his spiritual guidance, the displaced by Hurricane Katrina. Commerce, Science, and Transportation. EC–3806. A communication from the Pro- Church has flourished and undergone f gram Analyst, Federal Aviation Administra- expansion, which has included a new EXECUTIVE AND OTHER tion, Department of Transportation, trans- Christian Education Building, the mitting, pursuant to law, the report of a rule founding of an Armenian library, and COMMUNICATIONS entitled ‘‘Airworthiness Directives: Boeing the organizing of the Armenian Herit- The following communications were Model 757–200, 757–200CB, and 757–200PF Se- age Committee to preserve and perpet- laid before the Senate, together with ries Airplanes Equipped with Rolls Royce uate the Armenian Christian Heritage. accompanying papers, reports, and doc- Model RB211 Engines’’ ((RIN2120–AA64) (2005– Over the years, Dr. Tootikian has uments, and were referred as indicated: 0399)) received on August 22, 2005; to the also provided leadership to numerous Committee on Commerce, Science, and EC–3798. A communication from the Pro- Transportation. organizations, including the Armenian gram Analyst, Federal Aviation Administra- EC–3807. A communication from the Pro- Evangelical Union of America, Arme- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- nian Missionary Association of Amer- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- ica, and the Armenian Evangelical entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule World Council—AEWC. During his ten- Procedures; Miscellaneous Amendments entitled ‘‘Airworthiness Directives: Rolls- ure with AEWC, the 1700th Anniversary (241)’’ ((RIN2120–AA65)(2005–0023)) received on Royce Deutschland Ltd and Co KG Model of Armenian Christendom was cele- August 22, 2005; to the Committee on Com- BR700–715A1–30, BR700–715B1–30, and BR700– merce, Science, and Transportation. 715C1–30 Turbofan Engines’’ ((RIN2120–AA64) brated by all Armenian Evangelical EC–3799. A communication from the Pro- ´ (2005–0400)) received on August 22, 2005; to the Unions in Yerevan, Armenia, and the gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and first Armenian Evangelical Pastors’ tion, Department of Transportation, trans- Transportation. Conference was held in May 2003 in mitting, pursuant to law, the report of a rule EC–3808. A communication from the Pro- Evian, France. As a scholar and lec- entitled ‘‘Modification of the Los Angeles gram Analyst, Federal Aviation Administra- turer, Dr. Tootikian has provided in- Class B Airspace Area; CA’’ ((RIN2120– tion, Department of Transportation, trans- struction at the University of Michigan AA66)(2005–0195)) received on August 22, 2005; mitting, pursuant to law, the report of a rule and at the Lawrence Technological to the Committee on Commerce, Science, entitled ‘‘Airworthiness Directives: Pilatus University. Dr. Tootikian has authored and Transportation. Aircraft Ltd. Models PC–6, PC–6–H1, PC–6– EC–3800. A communication from the Pro- 27 books, with 6 of them currently in H2, PC–6/350, PC–6/350–H1, PC–6/350–H2, PC–6/ gram Analyst, Federal Aviation Administra- A, PC–6/A–H1, PC–6/A–H2, PC–6/B–H2, PC–6/ use as college textbooks. In addition, tion, Department of Transportation, trans- B1–H2, PC–6/B2–H2, PC–6/B2–H4, PC–6/C–H2, he has been a frequent contributor to mitting, pursuant to law, the report of a rule and PC–6/C1–H2 Airplanes’’ ((RIN2120–AA64) many magazines and papers, and cur- entitled ‘‘Establishment of Class E Surface (2005–0395)) received on August 22, 2005; to the rently writes bilingual articles for 12 Area, South Lake Tahoe, CA’’ ((RIN2120– Committee on Commerce, Science, and Armenian papers and periodicals. His AA66)(2005–0193)) received on August 22, 2005; Transportation. efforts in support of various edu- to the Committee on Commerce, Science, EC–3809. A communication from the Regu- cational, philanthropic, religious and and Transportation. latory Ombudsman, Federal Motor Carrier cultural organizations have been recog- EC–3801. A communication from the Pro- Safety Administration, Department of gram Analyst, Federal Aviation Administra- Transportation, transmitting, pursuant to nized through many awards and the es- tion, Department of Transportation, trans- law, there report of a rule entitled ‘‘Parts tablishment of endowment funds in his mitting, pursuant to law, the report of a rule and Accessories Necessary for Safe Operation honor. entitled ‘‘Modification of Legal Description General Amendments’’ (RIN2126–AA61) re- I know my colleagues join me in con- of the Class D Airspace; and Class E Air- ceived on August 22, 2005; to the Committee gratulating Dr. Tootikian on his serv- space; Topeka, Forbes Field, KS’’ ((RIN2120– on Commerce, Science, and Transportation.

VerDate Aug 31 2005 00:53 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.059 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10233 EC–3810. A communication from the Attor- nology, and Logistics, transmitting, pursu- 324 Main Street in Grambling, Louisiana, ney-Advisor, National Highway Traffic Safe- ant to law, a report (11 subjects on 1 disc be- shall be known and designated as the ‘‘Coach ty Administration, Department of Transpor- ginning with ‘‘Center for Fixed Wing Air Eddie Robinson Post Office Building’’; to the tation, transmitting, pursuant to law, the re- Platform RDAT&E’’) relative to the Defense Committee on Homeland Security and Gov- port of a rule entitled ‘‘Service of Process on Base Closure and Realignment Act of 1990, as ernmental Affairs. Foreign Manufacturers and Importers’’ amended; to the Committee on Armed Serv- By Mr. VITTER: (RIN2127–AJ69) received on August 22, 2005; ices. S. 1727. A bill to provide grants for pros- to the Committee on Commerce, Science, EC–3821. A communication from the Under ecutions of cases cleared through use of DNA and Transportation. Secretary of Defense for Acquisition, Tech- backlog clearance fund; to the Committee on EC–3811. A communication from the Attor- nology, and Logistics, transmitting, pursu- the Judiciary. ney-Advisor, National Highway Traffic Safe- ant to law, a report (21 subjects on 1 disc be- By Mr. INHOFE: ty Administration, Department of Transpor- ginning with ‘‘DFAS Data Back-Up’’) rel- S. 1728. A bill to amend the Internal Rev- tation, transmitting, pursuant to law, the re- ative to the Defense Base Closure and Re- enue Code of 1986 to permanently extend the port of a rule entitled ‘‘Reorganize and Har- alignment Act of 1990, as amended; to the Indian employment credit and the deprecia- monize Controls and Displays’’ (RIN2127– Committee on Armed Services. tion rules for property used predominantly AI09) received on August 22, 2005; to the Com- EC–3822. A communication from the Under within an Indian reservation; to the Com- mittee on Commerce, Science, and Transpor- Secretary of Defense for Acquisition, Tech- mittee on Finance. tation. nology, and Logistics, transmitting, pursu- By Mr. AKAKA: EC–3812. A communication from the Attor- ant to law, a report (1 subject on 1 disc enti- S. 1729. A bill to extend the time during ney-Advisor, National Highway Traffic Safe- tled ‘‘Selfridge ARS-ARB MI MILCON’’) rel- which persons affected by Hurricane Katrina ty Administration, Department of Transpor- ative to the Defense Base Closure and Re- may appeal certain decisions of the Board of tation, transmitting, pursuant to law, the re- alignment Act of 1990, as amended; to the Veterans’ Appeals that are rendered during port of a rule entitled ‘‘FMVSS No. 209, Committee on Armed Services. the period beginning June 1, 2005, and ending Emergency-Locking Retractors’’ (RIN2127– EC–3823. A communication from the Under November 30, 2005; to the Committee on Vet- AI38) received on August 22, 2005; to the Com- Secretary of Defense for Acquisition, Tech- erans’ Affairs. mittee on Commerce, Science, and Transpor- nology, and Logistics, transmitting, pursu- By Mr. VOINOVICH (for himself and tation. ant to law, a report (2 subjects on 1 disc be- Mr. CONRAD): EC–3813. A communication from the Direc- ginning with ‘‘T38Cs From Moody AFB, GA S. 1730. A bill to establish the Trust Fund tor, Office of Legislative Affairs, Federal De- Position Paper IFF (Rev)’’) relative to the Administration to invest in non-Federal posit Insurance Corporation, transmitting, Defense Base Closure and Realignment Act Government debt instrument index funds all pursuant to law, the report of a rule entitled of 1990, as amended; to the Committee on Federal trust fund revenues transferred to ‘‘Securities of Nonmember Insured Banks’’ Armed Services. the Federal Government upon the issuance (RIN3064–AC88) received on August 22, 2005; EC–3824. A communication from the Under of special rate Treasury obligations to such to the Committee on Banking, Housing, and Secretary of Defense for Acquisition, Tech- trust funds, and for other purposes; to the Urban Affairs. nology, and Logistics, transmitting, pursu- Committee on Finance. EC–3814. A communication from the Direc- ant to law, a report (1 subject on 1 disc enti- By Mr. COBURN (for himself and Mr. tor, Office of Legislative Affairs, Federal De- tled ‘‘DoD Technical Changes to Commission INHOFE): posit Insurance Corporation, transmitting, Recommendations’’) relative to the Defense S. 1731. A bill to designate the Department pursuant to law, the report of a rule entitled Base Closure and Realignment Act of 1990, as of Veteran Affairs Medical Center in ‘‘Community Reinvestment Act Regulations amended; to the Committee on Armed Serv- Muskoee, Oklahoma, as the Jack C. Mont- (12 CFR Part 345)’’ (RIN3064–AC89) received ices. gomery Department of Veterans Affairs Med- on August 22, 2005; to the Committee on EC–3825. A communication from the Under ical Center; to the Committee on Veterans’ Banking, Housing, and Urban Affairs. Secretary of Defense for Acquisition, Tech- Affairs. EC–3815. A communication from the Under nology, and Logistics, transmitting, pursu- By Mr. NELSON of Nebraska: S. 1732. A bill to require the Federal Trade Secretary of Defense for Acquisition, Tech- ant to law, a report (5 subjects on 1 disc be- Commission to conduct an inquiry into the nology, and Logistics, transmitting, pursu- ginning with ‘‘T38Cs From Moody AFB, GA’’) retail prices of natural gas and gasoline; to ant to law, a report (20 subjects on 1 disc be- relative to the Defense Base Closure and Re- the Committee on Commerce, Science, and ginning with ‘‘Environmental Restoration alignment Act of 1990, as amended; to the Transportation. for Military Munitions Response Program’’) Committee on Armed Services. By Mr. THUNE: relative to the Defense Base Closure and Re- EC–3826. A communication from the Under S. 1733. A bill to establish pilot projects alignment Act of 1990, as amended; to the Secretary of Defense for Acquisition, Tech- under the medicare program to provide in- Committee on Armed Services. nology, and Logistics, transmitting, pursu- EC–3816. A communication from the Under centives for home health agencies to utilize ant to law, a report (9 subjects on 1 disc be- Secretary of Defense for Acquisition, Tech- home monitoring and communications tech- ginning with ‘‘Naval Support Activity New nology, and Logistics, transmitting, pursu- nologies; to the Committee on Finance. Orleans, LA’’) relative to the Defense Base ant to law, a report (13 subjects on 1 disc be- By Mr. BINGAMAN: Closure and Realignment Act of 1990, as ginning with ‘‘COBRA Installation Data for S. 1734. A bill to establish the Valle Vidal amended; to the Committee on Armed Serv- Buckley Annex (ARPC)’’) relative to the De- National Preserve in the State of New Mex- ices. fense Base Closure and Realignment Act of ico; to the Committee on Energy and Nat- EC–3827. A communication from the Under 1990, as amended; to the Committee on ural Resources. Secretary of Defense for Acquisition, Tech- Armed Services. By Ms. CANTWELL (for herself, Mr. nology, and Logistics, transmitting, pursu- EC–3817. A communication from the Under REID, Mr. DURBIN, Mr. INOUYE, Mrs. ant to law, a report (1 subject on 1 disc enti- Secretary of Defense for Acquisition, Tech- FEINSTEIN, Mr. KERRY, Mr. FEINGOLD, tled ‘‘Issue Papers Provided to the Commis- nology, and Logistics, transmitting, pursu- Mrs. CLINTON, Mr. WYDEN, Mr. KOHL, sion’’) relative to the Defense Base Closure ant to law, a report (21 subjects on 1 disc be- Mr. SCHUMER, Ms. STABENOW, Mr. and Realignment Act of 1990, as amended; to ginning with ‘‘Miscellaneous Medical Ques- DORGAN, Mr. JEFFORDS, Mrs. BOXER, the Committee on Armed Services. tions’’) relative to the Defense Base Closure Ms. MIKULSKI, Mr. BIDEN, Mr. EC–3828. A communication from the Under and Realignment Act of 1990, as amended; to LIEBERMAN, Mr. HARKIN, Mr. REED, Secretary of Defense for Acquisition, Tech- the Committee on Armed Services. and Mr. SALAZAR): EC–3818. A communication from the Under nology, and Logistics, transmitting, pursu- S. 1735. A bill to improve the Federal Trade Secretary of Defense for Acquisition, Tech- ant to law, a report (9 subjects on 1 disc be- Commission’s ability to protect consumers nology, and Logistics, transmitting, pursu- ginning with ‘‘Inquiry Response Regarding from price-gouging during energy emer- ant to law, a report (14 subjects on 1 disc be- COBRA Installation Data for Buckley Annex gencies, and for other purposes; to the Com- ginning with ‘‘Comments on Cannon AFB’’) (ARPC)’’) relative to the Defense Base Clo- mittee on Commerce, Science, and Transpor- relative to the Defense Base Closure and Re- sure and Realignment Act of 1990, as amend- tation. alignment Act of 1990, as amended; to the ed; to the Committee on Armed Services. By Ms. COLLINS (for herself, Mr. Committee on Armed Services. f LIEBERMAN, Mr. VOINOVICH, Mr. EC–3819. A communication from the Under AKAKA, and Mr. VITTER): Secretary of Defense for Acquisition, Tech- INTRODUCTION OF BILLS AND S. 1736. A bill to provide for the participa- nology, and Logistics, transmitting, pursu- JOINT RESOLUTIONS tion of employees in the judicial branch in ant to law, a report (7 subjects on 1 disc be- The following bills and joint resolu- the Federal leave transfer program for disas- ginning with ‘‘DUSD(I&E) Letter on Envi- tions were introduced, read the first ters and emergencies; to the Committee on ronmental Hearing QFRs from August 11, Homeland Security and Governmental Af- 2005’’) relative to the Defense Base Closure and second times by unanimous con- fairs. and Realignment Act of 1990, as amended; to sent, and referred as indicated: By Mr. SANTORUM: the Committee on Armed Services. By Mr. VITTER: S. 1737. A bill to prohibit entities that pro- EC–3820. A communication from the Under S. 1726. A bill to designate the facility of vide nuclear fuel assemblies to Iran from Secretary of Defense for Acquisition, Tech- the United States Postal Service located at providing such assemblies to the United

VerDate Aug 31 2005 02:37 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.037 S20SEPT1 S10234 CONGRESSIONAL RECORD — SENATE September 20, 2005 States, and for other purposes; to the Com- (Mr. SARBANES) was added as a cospon- vada (Mr. ENSIGN), the Senator from mittee on Foreign Relations. sor of S. 828, a bill to enhance and fur- Oklahoma (Mr. INHOFE) and the Sen- f ther research into paralysis and to im- ator from Pennsylvania (Mr. SUBMISSION OF CONCURRENT AND prove rehabilitation and the quality of SANTORUM) were added as cosponsors of SENATE RESOLUTIONS life for persons living with paralysis S. 1373, a bill to amend title 18, United and other physical disabilities, and for States Code, to prohibit human chi- The following concurrent resolutions other purposes. meras. and Senate resolutions were read, and S. 1112 S. 1405 referred (or acted upon), as indicated: At the request of Mr. GRASSLEY, the At the request of Mr. NELSON of Ne- By Mr. OBAMA (for himself, Mr. DODD, name of the Senator from Alaska (Mr. braska, the name of the Senator from Mr. REID, Mr. CORZINE, Mrs. CLINTON, TEVENS Mr. HARKIN, Mr. FEINGOLD, Mr. S ) was added as a cosponsor of Hawaii (Mr. INOUYE) was added as a co- AKAKA, Mr. DORGAN, Mr. KENNEDY, S. 1112, a bill to make permanent the sponsor of S. 1405, a bill to extend the Mr. KERRY, Ms. MIKULSKI, Mr. LAU- enhanced educational savings provi- 50 percent compliance threshold used TENBERG, Ms. STABENOW, Mr. PRYOR, sions for qualified tuition programs en- to determine whether a hospital or Mr. DAYTON, Mr. LEAHY, Mr. DURBIN, acted as part of the Economic Growth unit of a hospital is an inpatient reha- Mr. WYDEN, and Mr. SALAZAR): and Tax Relief Reconciliation Act of bilitation facility and to establish the S. Con. Res. 53. A concurrent resolution ex- 2001. National Advisory Council on Medical pressing the sense of Congress that any ef- fort to impose photo identification require- S. 1171 Rehabilitation. ments for voting should be rejected; to the At the request of Mr. SPECTER, the S. 1440 Committee on Rules and Administration. name of the Senator from Kansas (Mr. At the request of Mr. CRAPO, the f BROWNBACK) was added as a cosponsor name of the Senator from Kentucky of S. 1171, a bill to halt Saudi support (Mr. BUNNING) was added as a cosponsor ADDITIONAL COSPONSORS for institutions that fund, train, incite, of S. 1440, a bill to amend title XVIII of S. 113 encourage, or in any other way aid and the Social Security Act to provide cov- At the request of Mrs. FEINSTEIN, the abet terrorism, and to secure full Saudi erage for cardiac rehabilitation and name of the Senator from Nevada (Mr. cooperation in the investigation of ter- pulmonary rehabilitation services. REID) was added as a cosponsor of S. rorist incidents, and for other pur- S. 1563 113, a bill to modify the date as of poses. At the request of Mr. DEWINE, the which certain tribal land of the Lytton S. 1190 name of the Senator from Minnesota Rancheria of California is deemed to be At the request of Mr. SALAZAR, the (Mr. COLEMAN) was added as a cospon- held in trust. name of the Senator from Pennsyl- sor of S. 1563, a bill to amend title XIX S. 337 vania (Mr. SANTORUM) was added as a of the Social Security Act to protect At the request of Mr. GRAHAM, the cosponsor of S. 1190, a bill to provide and strengthen the safety net of chil- name of the Senator from Vermont sufficient blind rehabilitation out- dren’s public health coverage by ex- (Mr. JEFFORDS) was added as a cospon- patient specialists at medical centers tending the enhanced Federal match- sor of S. 337, a bill to amend title 10, of the Department of Veterans Affairs. ing rate under the State children’s United States Code, to revise the age S. 1260 health insurance program to children and service requirements for eligibility At the request of Mr. VITTER, the covered by medicaid at State option to receive retired pay for non-regular name of the Senator from Ohio (Mr. and by encouraging innovations in service, to expand certain authorities DEWINE) was added as a cosponsor of S. children’s enrollment and retention, to to provide health care benefits for Re- 1260, a bill to make technical correc- advance quality and performance in serves and their families, and for other tions to the Indian Gaming Regulatory children’s public health insurance pro- purposes. Act, and for other purposes. grams, to provide payments for chil- S. 419 S. 1272 dren’s hospitals to reward quality and At the request of Mr. KYL, the name At the request of Mr. NELSON of Ne- performance, and for other purposes. of the Senator from Maine (Ms. COL- braska, the name of the Senator from S. 1581 LINS) was added as a cosponsor of S. Arkansas (Mrs. LINCOLN) was added as At the request of Mr. BINGAMAN, the 419, a bill to amend the Internal Rev- a cosponsor of S. 1272, a bill to amend name of the Senator from North Da- enue Code of 1986 to modify the treat- title 46, United States Code, and title II kota (Mr. DORGAN) was added as a co- ment of qualified restaurant property of the Social Security Act to provide sponsor of S. 1581, a bill to facilitate as 15-year property for purposes of the benefits to certain individuals who the development of science parks, and depreciation deduction. served in the United States merchant for other purposes. S. 633 marine (including the Army Transport S. 1633 At the request of Mr. JOHNSON, the Service and the Naval Transport Serv- At the request of Mr. TALENT, the name of the Senator from Montana ice) during World War II. name of the Senator from Kansas (Mr. (Mr. BURNS) was added as a cosponsor S. 1358 ROBERTS) was added as a cosponsor of of S. 633, a bill to require the Secretary At the request of Mr. DURBIN, the S. 1633, a bill to allow law enforcement of the Treasury to mint coins in com- name of the Senator from Colorado officers to represent themselves as mi- memoration of veterans who became (Mr. SALAZAR) was added as a cospon- nors on the Internet to better protect disabled for life while serving in the sor of S. 1358, a bill to protect scientific America’s children from sexual preda- Armed Forces of the United States. integrity in Federal research and pol- tors. S. 695 icymaking. S. 1637 At the request of Mr. COCHRAN, the S. 1360 At the request of Mr. REID, the name name of the Senator from Minnesota At the request of Mr. SMITH, the of the Senator from New York (Mrs. (Mr. COLEMAN) was added as a cospon- name of the Senator from Washington CLINTON) was added as a cosponsor of S. sor of S. 695, a bill to suspend tempo- (Mrs. MURRAY) was added as a cospon- 1637, a bill to provide emergency relief rarily new shipper bonding privileges. sor of S. 1360, a bill to amend the Inter- to meet the immediate needs of sur- S. 769 nal Revenue Code of 1986 to extend the vivors of Hurricane Katrina for health At the request of Ms. SNOWE, the exclusion from gross income for em- care, housing, education, and financial name of the Senator from Louisiana ployer-provided health coverage to des- relief, and for other purposes. (Ms. LANDRIEU) was added as a cospon- ignated plan beneficiaries of employ- S. 1638 sor of S. 769, a bill to enhance compli- ees, and for other purposes. At the request of Mr. OBAMA, the ance assistance for small businesses. S. 1373 name of the Senator from Minnesota S. 828 At the request of Mr. BROWNBACK, the (Mr. DAYTON) was added as a cosponsor At the request of Mr. HARKIN, the names of the Senator from North Caro- of S. 1638, a bill to provide for the es- name of the Senator from Maryland lina (Mr. BURR), the Senator from Ne- tablishment of programs and activities

VerDate Aug 31 2005 02:37 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.039 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10235 to assist in mobilizing an appropriate vember 30, 2005; to the Committee on office in New Orleans, Louisiana or Jackson, healthcare workforce in the event of a Veterans’ Affairs. Mississippi. health emergency or natural disaster. Mr. AKAKA. Mr. President, today I S. 1689 want to discuss one of the many poten- By Mr. VOINOVICH (for himself At the request of Mr. KYL, the name tial problems that will face this Nation and Mr. CONRAD): in the aftermath of Hurricane Katrina. of the Senator from Florida (Mr. MAR- S. 1730. A bill to establish the Trust We have all heard the stories of the dis- TINEZ) was added as a cosponsor of S. Fund Administration to invest in non- placement of thousands of citizens 1689, a bill to state the policy of the Federal Government debt instrument from Louisiana, Mississippi, and Ala- United States on international tax- index funds all Federal trust fund reve- bama. Many of these people have lost ation. nues transferred to the Federal Gov- everything—their homes and belong- S. 1700 ings destroyed. ernment upon the issuance of special At the request of Mr. COBURN, the Undoubtedly, some of these people rate Treasury obligations to such trust names of the Senator from Ohio (Mr. are veterans with claims they wish to funds, and for other purposes; to the VOINOVICH) and the Senator from New appeal from the Board of Veterans’ Ap- Committee on Finance. York (Mrs. CLINTON) were added as co- peals to the Court of Appeals for Vet- Mr. CONRAD. Mr. President, I rise sponsors of S. 1700, a bill to establish erans Claims. Under current law, a vet- today to join Senator VOINOVICH of an Office of the Hurricane Katrina Re- eran has 120-days to file a notice of ap- Ohio in introducing a new Social Secu- covery Chief Financial Officer, and for peal to the Court of Appeals for Vet- rity lockbox proposal, the Truth in other purposes. erans Claims. If a notice of appeal is Budgeting Act of 2005. For years, I have S. 1716 not filed within the 120-day window, urged my colleagues to stop what I be- At the request of Mr. GRASSLEY, the the veteran essentially loses the right lieve is the reckless practice of raiding name of the Senator from Alabama to appeal and might not receive bene- Social Security trust fund surpluses to (Mr. SHELBY) was added as a cosponsor fits to which the veteran is entitled. pay for other things. By failing to save of S. 1716, a bill to provide emergency Given the current conditions in the these surpluses, we are putting future health care relief for survivors of Hur- gulf coast region, Congress must con- generations in the position of having to ricane Katrina, and for other purposes. clude that 120 days is not enough time borrow trillions of dollars to make AMENDMENT NO. 762 for a veteran to file a notice of appeal. good on our Social Security, Medicaid, The sheer stress of the situation and At the request of Mr. NELSON of Flor- Medicare, and other commitments. ida, the name of the Senator from Ha- the possibility that veterans and their advocates may not have access to the The legislation Senator VOINOVICH waii (Mr. INOUYE) was added as a co- appropriate files makes 120 days for ap- and I are introducing today would not sponsor of amendment No. 762 proposed peals unreasonable. only take Washington’s hand out of the to S. 1042, an original bill to authorize I have submitted legislation that ex- Social Security cookie jar, it would lit- appropriations for fiscal year 2006 for tends the window for a notice of appeal erally take the cookie jar away. If our military activities of the Department from 120 days to 240 days for a veteran bill is adopted, Social Security sur- of Defense, for military construction, affected by Hurricane Katrina. This ex- pluses and other trust fund surpluses and for defense activities of the De- tension will provide appropriate relief would no longer be used to fund other partment of Energy, to prescribe per- to those attempting to rebuild their functions of Government and to mask sonnel strengths for such fiscal year lives. Veterans should not be addition- the size of the Federal deficit. Instead, for the Armed Forces, and for other ally burdened during these turbulent Social Security payroll taxes would be purposes. times. used to provide future Social Security AMENDMENT NO. 1548 I urge my colleagues to support this benefits, as they were always intended. At the request of Mr. CONRAD, the commonsense legislation and it is my Our bill would end the practice of name of the Senator from Virginia (Mr. hope that this legislation will pass the spending trust fund surpluses. Instead, WARNER) was added as a cosponsor of Senate in the near future. I ask unani- it would require those surpluses to be amendment No. 1548 intended to be pro- mous consent that the text of the bill set aside and invested in a broadbased posed to S. 1042, an original bill to au- be printed in the RECORD. bond index fund that will be drawn on There being no objection, the bill was thorize appropriations for fiscal year to finance our future obligations. In ordered to be printed in the RECORD, as 2006 for military activities of the De- many ways, this legislation is a truth- follows: partment of Defense, for military con- in-budgeting bill because it will force struction, and for defense activities of S. 1729 us to recognize the true size of our fis- the Department of Energy, to prescribe Be it enacted by the Senate and House of Rep- cal deficit. It is our hope this will force personnel strengths for such fiscal year resentatives of the United States of America in Congress assembled, Congress and the President to work to- for the Armed Forces, and for other gether to address not only our current purposes. SECTION 1. EXTENSION OF TIME FOR APPEAL OF CERTAIN DECISIONS RENDERED BY budget imbalances but our long-term AMENDMENT NO. 1730 BOARD OF VETERANS’ APPEALS. entitlement challenges. At the request of Mr. AKAKA, the (a) APPEAL PERIOD.—Notwithstanding sec- Let me take a few minutes, if I could, name of the Senator from Washington tion 7266(a) of title 38, United States Code, a to explain why I think this legislation (Ms. CANTWELL) was added as a cospon- Hurricane Katrina-affected person adversely is so important. sor of amendment No. 1730 proposed to affected by a final decision of the Board of Veterans’ Appeals, which is rendered during Our budget situation has taken a dra- H.R. 2744, a bill making appropriations the period beginning on June 1, 2005, and end- for Agriculture, Rural Development, ing on November 30, 2005, may file a notice of matic turn for the worse. Over the last Food and Drug Administration, and appeal with the Court of Appeals for Vet- 5 years, we have gone from record sur- Related Agencies for the fiscal year erans Claims at any time before the expira- pluses to record deficits. The 2005 def- ending September 30, 2006, and for tion of 240 days after the date on which no- icit is now projected to be $331 billion, other purposes. tice of such decision is mailed pursuant to the third worst in U.S. history. That is section 7104(e) of such title. before Katrina. The increase in debt f (b) DEFINITION.—In this Act, the term this year will be far higher. ‘‘Hurricane Katrina-affected person’’ means STATEMENTS ON INTRODUCED a person— This is something that I find con- BILLS AND JOINT RESOLUTIONS (1) who, as of August 28, 2005, resided in a fuses the American people, confuses my By Mr. AKAKA: county identified as being adversely affected constituents, confuses the media, and S. 1729. A bill to extend the time dur- by Hurricane Katrina in Florida, Louisiana, perhaps even confuses our colleagues: ing which persons affected by Hurri- Mississippi, or Alabama by Federal Disaster The advertised deficit—$331 billion be- Declaration notice 1602, 1603, 1604, or 1605, re- cane Katrina may appeal certain deci- spectively (as amended), issued by the Fed- fore Katrina—is not the amount the sions of the Board of Veterans’ Appeals eral Emergency Management Agency; or debt will increase by this year. The that are rendered during the period be- (2) whose claim is under the jurisdiction of amount the debt will increase by is ginning June 1, 2005, and ending No- the Department of Veterans Affairs regional much larger, approaching $589 billion,

VerDate Aug 31 2005 04:00 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.041 S20SEPT1 S10236 CONGRESSIONAL RECORD — SENATE September 20, 2005 and that is before Katrina. Why the dif- those bonds have to be redeemed out of not borrowing it but putting real assets ference? Because in the deficit calcula- current income. That is the problem. behind it. For those who do not like tion, borrowing from trust funds is ig- Those bonds sitting in the Social Secu- personal accounts, the money could nored. It is not ignored when you con- rity trust fund have to be redeemed out have been used to pay down debt to sider how much the debt is increasing. of current income. better prepare ourselves for the time It is ignored in the deficit calculation. We already have a circumstance in when the baby boomers retire. But, for example, the $173 billion this which we are running massive deficits. The chart I was showing before per- year that will be borrowed from the So- We have this looming shortfall in fectly illustrates why this is no time to cial Security trust fund and used to Medicare. Oh, yes, we have a problem. permanently or continually divert So- pay for other things, is not included in We have a big problem, and the sooner cial Security and other trust fund sur- the deficit calculation. It is added to we get at it, the better. The first thing pluses to other purposes. Failing to re- our debt. It has to be paid back. It is to do is stop diverting Social Security turn to a fiscal path of saving trust not included in the deficit calculation. money to use for other purposes. As I fund surpluses will severely limit Con- There are $85 billion of other trans- have indicated, this increase in debt is gress’ ability to address the looming actions, such as that one, that will add happening at the worst possible time, pension and health care needs of the up to a total of a $589 billion increase right on the brink of the retirement of baby boomers and will shift a larger in the debt. Again, that is before the baby boom generation. The number debt and tax burden on to future gen- Katrina. of Social Security beneficiaries is pro- erations. Looking forward, our current budget jected to climb to 81 million people by Any private-sector corporation that takes every penny of Social Security 2050. This is not a projection. It is not behaved like the Federal Government surplus over the next 10 years to pay a projection. The baby boomers have is behaving would find its chief officers for tax cuts and other spending prior- been born. They are alive today. They on their way to a Federal institution, ities. Over the next 10 years, under the are going to retire, and they are eligi- but it would not be the Congress of the budget that has been passed here, every ble for Social Security and Medicare. United States, it would not be the penny of Social Security surplus is That has enormous implications for White House. Anybody who was run- being taken to pay for other things—$2 the future. ning a private-sector entity that took .5 trillion. As stunning as it may seem, we are trust fund assets, retirement fund as- The reported shortfall in Social Se- only 3 years away from the beginning sets of its employees, would be guilty curity over the next 75 years is $4 tril- of the retirement of the baby boom of a Federal crime. They would be on lion on a net present value basis. I, generation. Social Security trust funds their way to a Federal institution. It frankly, do not believe that. I think are running surpluses now. But start- would not be Congress; it would not be that shortfall is significantly over- ing in 2017, payroll tax revenue will no the White House; they would be on stated. But if it were real, if it were $4 longer be sufficient to pay for benefits. their way to a Federal penitentiary. trillion, look at the comparison here Those bonds we are issuing to the So- What is happening here is a shell on this chart: We are taking $2.5 tril- cial Security trust fund will have to be game, and it is a shell game with enor- lion in Social Security money over the redeemed out of current revenues at mous consequences, not like a shell next 10 years, using it to pay for other the time. At this point, as shown on game where somebody bets on some things, when we say Social Security the chart, the Social Security sur- corner deal and loses $10 or $20. This is has a $4 trillion shortfall on a net pluses will turn into Social Security a shell game being played by society. I present value basis. What sense does deficits—out here in 2017. When that believe it is time to put a stop to this this make? We are digging the hole happens, a serious budget crunch will practice of borrowing against future deeper before starting to fill it in. ensue, unless we find a way now to save commitments. I said something I want to go back to those surpluses. That is why I am proud to join Sen- because I indicated I do not believe the Another way of looking at this is by ator VOINOVICH to introduce a newly projected $4 trillion shortfall in Social looking at the total balances in the So- designed bipartisan lockbox bill to stop Security is correct. That is the esti- cial Security trust funds, which are ex- the raid on Social Security and other mate of the actuaries. I think they are pected to peak at over $6 trillion in trust funds. This legislation says wrong. Why do I think they are wrong? 2026. As shown on this chart, this is the enough is enough. The raid on Social Because their whole scenario is based pattern of the Social Security trust Security and other trust funds has to on economic growth for the next 75 fund assets. You can see, right now we stop. It is time to start saving Social years averaging 1.9 percent a year. are at about 2005, about right here, and Security surpluses for Social Security Over the previous 75 years, the econ- we are still in the buildup phase. There and to stop raiding the Social Security omy has grown at 3.4 percent a year. If are massive surpluses being run in the piggy bank to pay for other priorities. the economy were to grow in the future Social Security accounts. But instead With this bipartisan legislation, Sen- as it has in the past, 80 percent of the of the money being used to prepay the ator VOINOVICH and I intend to finally Social Security shortfall would dis- liability or to pay down debt, the put Social Security in a lockbox that appear. money is being used to pay for other works. Our bill takes a new tack on the Does that mean we do not have a things. lockbox concept by fundamentally problem? No. I wish it did. We have a So here we have it. We have this mas- changing the way in which Social Se- huge problem. The problem we have, I sive buildup. In 2026, roughly, the trust curity and other trust fund surpluses believe, is a budget problem. The prob- fund assets peak at $6 trillion, and then are invested. The legislation would cre- lem we have is, first, we are running they begin being drawn down precipi- ate a new Office of Trust Fund Admin- very large deficits now before the baby tously. We have a problem. It is a seri- istration at the Treasury Department boomers retire. No.2, the shortfall in ous problem. It is a problem that is in- that would be charged with investing Medicare is 7 times the shortfall in So- exorable. Unfortunately, our current Social Security and other trust fund cial Security, approaching $30 trillion. budget policy is contributing to the surpluses in safe, non-Federal debt in- There is the real 800-pound gorilla. problem because it is taking the struments, including State municipal In Social Security, the problem is amount that is in surplus every year bonds, corporate bonds, mortgage- not so much the shortfall, at least from and using it to pay other bills. That is backed securities, and bond index my perspective. I think the problem is comfortable. That is easy. But it does funds. These interest-bearing invest- that the assets in the Social Security not help us deal with the problem. ments could only be used to meet the trust fund—and there are assets there. In 2001, I urged my colleagues to set obligations of Social Security and Anybody who tells you there are no as- aside $900 billion of what was then pro- other Federal trust funds. sets there is wrong. There are assets jected to be surplus to either prepay Under our proposal, trust fund sur- there. They are special-interest Gov- the liability or pay down debt. For pluses would no longer be used to fund ernment bonds, backed by the full faith those who are advocates of personal ac- the general operations of Government, and credit of the United States, that counts, the money could have been and the true size of the Federal deficit are in the trust fund. The problem is, used to establish personal accounts, would be revealed, forcing us to tackle

VerDate Aug 31 2005 02:37 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.044 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10237 these deficits head on. This bill, if The adoption of telehealth has been serve a special place in my home state passed, would force Congress, the hampered by legal, financial, and regu- of New Mexico, the Valle Vidal. President, and the public to recognize latory barriers. New Mexico is a State filled with the true cost of Federal borrowing, and My legislation, the Fostering Inde- natural wonders, so when you hear peo- it would force the Federal Government pendence Through Technology Act of ple referring to the Valle Vidal as to invest in real assets that could be 2005, takes a step in the right direction ‘‘New Mexico’s Yellowstone’’ you have used to finance future financial obliga- of breaking down the barriers that pre- to stop and take notice. Any visitor to tions. vent the adoption of telehealth. It pro- the place won’t find it hard to see what I believe our Nation is in a precarious vides incentives for home health agen- inspires such a grand comparison. The financial position. Unfortunately, our cies to purchase and utilize home mon- scenic and wildlife features of the Valle current budget policies have worsened itoring and communications tech- Vidal stand out, even in the spectac- our outlook by driving the Nation fur- nologies. My legislation is pro tech- ular country of northern New Mexico. ther into deficits and debt. We need to nology, pro quality, and pro savings. For decades the area was admired begin by returning to budget discipline Specifically, my bill requires the from afar by the public as a famous pri- and paying down debt. Secretary of the Department of Health vate hunting and fishing ranch, until it It is time for us to take a new direc- and Human Services to create dem- was finally taken into public ownership tion. I believe this legislation is an im- onstration projects that would encour- in 1982. Since then, the Valle Vidal has portant first step. age home health agencies to utilize re- become a premier destination for all I thank my colleague, Senator mote monitoring technology. Utilizing manner of lovers of the outdoors. VOINOVICH, for his work on this matter. technology in the home health setting Whether you are drawn to its beautiful He has spent months pursuing the would reduce the number of visits by aspen stands, its wide meadows and the issue. I am honored to join him. I be- home health aides while still providing spectacular views they afford, its abun- lieve this is an important policy quality care. dant wildlife, or the outstanding camp- change for the country and for the Con- Each demonstration project is re- ing opportunities that the Boy Scouts gress. I hope that my colleagues will quired to include a performance target take advantage of every year, there is support it. for the home health agency. This tar- much to cherish in the Valle Vidal. get will be used to determine whether As the home and crucial wintering By Mr. THUNE: the projects are enhancing health out- ground of the State’s largest elk herd S. 1733. A bill to establish pilot comes for Medicare beneficiaries as the area is of iconic value to New Mexi- projects under the medicare program well as saving the program money. can hunters. The elk herd is so prized to provide incentives for home health Each year, the home health agency that the State only allows for a once- agencies to utilize home monitoring participating in the pilot will receive in-a-lifetime permit to hunt there. I and communications technologies; to an incentive payment based on a per- am told those that do get a permit the Committee on Finance. centage of the Medicare savings real- rarely return unhappy. Mr. THUNE. Mr. President, as I trav- ized as a result of the pilot project. The Valle Vidal is also home to na- eled across my State of South Dakota The demonstration projects would be tive Rio Grande cutthroat trout and this August, I heard from many con- conducted in both rural and urban set- will play an important role in the stituents about the high cost of health tings because medically underserved State’s plans to recover that species care. Concerns about the cost of health areas exist across the country. One from its depressed numbers today. care are not limited, however, to the project, however, is required to be con- The Forest Service has recognized people of South Dakota. These con- ducted in a state with a population of the unique values of the Valle Vidal cerns span across state lines and across less than one million. and manages the area with a special the minds of people of all ages. Technology is improving each and emphasis on wildlife but they are re- There is no one-size-fits-all solution every day. I ask then, why one of the quired under current law to consider to the issues of access and cost of biggest industries in our Nation— developing the eastern half for coalbed health care. health care—is not utilizing this tech- methane production. They have com- My State of South Dakota is rural. nology to reduce costs and improve the pleted their estimates of the available In South Dakota, 46 out of our 66 coun- quality of care delivered. Breaking gas resources under the Valle Vidal and ties are classified as medically under- down the barriers that prevent wider any further analysis would be the re- served areas—areas that have insuffi- adoption of telehealth will improve our sponsibility of the lessee. Based on the cient health resources, manpower or fa- system of care and lower the cost of estimates the Forest Service has done cilities to meet the medical needs of health care for individuals across the it is clear that, although there is cer- the population. This poses a significant country. tainly money to be made drilling for The practice of telehealth brings challenge in providing health care to gas in the Valle Vidal, the amounts medicine to people, people who live in the 750,000 residents of South Dakota. that could be produced are of no na- Providing high quality affordable medically underserved areas and people tional significance. The Forest Service health care will take the cooperation who are too frail or too ill to leave the has begun the process of amending of both the public and the private sec- comfort of their homes. their management plan for the area My legislation answers the call for tor. The use of technology in the deliv- and would later begin analyzing the po- wider adoption of telehealth and pro- ery of health care has been a proven tential conflicts that drilling would en- vides Medicare beneficiaries independ- method in providing quality care while compass sometime late next year. This ence without sacrificing quality of reducing cost. bill would remove the need for the sec- care. Telehealth uses telecommunications It is time for Congress to tackle the ond part of that process. New Mexico has significant coalbed and information technologies to pro- legal, financial, and regulatory barriers methane resources in both the Raton vide health care services at a distance. that are preventing the implementa- Basin, where the eastern half of the It provides individuals in remote un- tion of technology into the health care Valle Vidal is, and the San Juan Basin. derserved areas access to specialists field. The legislation that I am intro- In fact, the San Juan basin is one of and other health care providers ducing today takes a giant step in this the Nation’s foremost natural gas pro- through the use of technology. This direction and I urge my colleagues to duction areas, generating about 1 tril- means that when my constituent in support this legislation. Gregory, SD, needs his skin examined lion cubic feet of gas each year. New by a dermatologist, he does not need to By Mr. BINGAMAN: Mexico is one of this country’s fore- travel the 185 miles to Sioux Falls. S. 1734. A bill to establish the Valle most producers of oil and natural gas The practice of telemedicine, how- Vidal National Preserve in the State of and we are proud of what we do for our ever, has been underutilized and under- New Mexico; to the Committee on En- Nation’s energy picture. But New Mexi- funded despite numerous studies prais- ergy and Natural Resources. cans are also proud of our wild coun- ing the ability of telehealth to deliver Mr. BINGAMAN. Mr. President, I rise try. The places we love define our char- care to individuals in remote areas. today to introduce legislation to pre- acter as much as the work we do.

VerDate Aug 31 2005 02:37 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.046 S20SEPT1 S10238 CONGRESSIONAL RECORD — SENATE September 20, 2005 The undefinable characteristic of sponsors of this legislation, which in- which has left us in a situation where being a New Mexican is shown the most clude Senate Minority Leader REID, the very few can set the prices that im- clearly in the places we cherish—the and Senators DURBIN, FEINSTEIN, pact the lives of so many. And we need places that we recognize as so special KERRY, FEINGOLD, CLINTON, KOHL, to make sure we have a national plan— that we want to set them aside for our SCHUMER, STABENOW, DORGAN, and triggered in cases of national emer- children and our grandchildren. This is CORZINE. gencies—that makes it clear profit- particularly true when it is not an easy This legislation would put in place a eering at the gas pump will not be tol- choice to set them aside. It would be Federal law to prohibit gasoline price- erated. easy to simply pursue resources wher- gouging during national emergencies, Right now, the oil companies know ever we find them. We certainly need and would institute new protections for we don’t have a plan to protect Amer- the energy and have shown remarkable American consumers from manipula- ican consumers. That’s why we need a ingenuity in extracting oil and gas tion of oil and gasoline markets. Federal law that’s going to prohibit from places previously thought Even before the devastation caused price gouging, and assess Federal pen- unreachable and with gradually less- by Hurricane Katrina and its tragic alties from those who exploit national ening effects on the surrounding land- aftermath, skyrocketing oil and gaso- tragedies to maximize their profits. scape. But our essential character is line prices were burdening American That is why my colleagues and I have revealed in making the harder choice families and our Nation’s economy— come together today to introduce this to slow down and recognize that some with the notable exception of the oil legislation. places are special and warrant special industry, which continued to rack up In the wake of Hurricane Katrina, we treatment. The Valle Vidal is such a record profits. Already in my home have already heard gas station owners special place. State of Washington, prices had complaining that the big oil companies Even if there were significant gas re- reached 74 cents a gallon more than ordered them to raise prices. Inves- sources under the Valle Vidal it would last year before the storm hit. After tigating those claims should be the top be very difficult to risk turning it into the storm—though our supplies were job of federal regulators—and there an industrial zone. But we don’t really not directly affected—prices topped $3 should be harsh penalties for that kind face that choice here. The eastern half per gallon in some areas of my State, of behavior, profiteering in the midst of the Valle Vidal comprises less than including some of the most rural and of a national disaster. 1 percent of the gas-producing Raton economically challenged. And fol- Today, 28 States have anti-gouging Basin. According to the Forest Service, lowing that tragic storm, gas prices in laws on the books. Unfortunately, my even with the most optimistic projec- some areas of this Nation reached al- own State is not among them. But in tions the gas resources are less than most $6 per gallon. crafting this legislation, I have looked one-half of 1 percent of the Raton The volatility in oil and gasoline to those other state laws—focusing spe- Basin resources. Using those same pro- prices shows few signs of abating. Just cifically on the law of the State of New jections and even with intensive devel- yesterday, we saw oil set the new York, where price gouging cases have opment we could only expect enough record for a one-day spike in prices. At been successfully prosecuted in the gas to come out of the Valle Vidal over the New York Mercantile Exchange, past, related to natural disasters. its 20 year development to meet our those prices rose more than $4 per bar- But I also want to remind my col- Nation’s gas needs for less than 3 days. rel just yesterday, to close at $67.39. leagues again that, while Hurricane In short, drilling the Valle Vidal That’s the largest single-day price Katrina exposed the underlying vulner- wouldn’t make a dime’s worth of dif- spike since oil started trading on the ability of the American economy to ference in our national energy picture. exchange, in 1983. supply disruptions, average U.S. gaso- The Raton Basin will continue to be It’s clear to me that we have a lot of line prices were already 75 cents more developed and I’m sure we will con- work to do, if we’re going to get seri- than they were a year earlier—and tinue to find additional areas in New ous about addressing one of the most many consumers had begun to ask why. Mexico to meet this nation’s growing important challenges facing our gen- While the oil companies have filled energy needs but I hope we can set eration of Americans: improving our their coffers with record profits over aside this place to meet some of our Nation’s energy security. We need a the past few years, our Nation’s air- other needs. Our need to get outside long-term plan and national commit- lines, truckers, farmers and small busi- and experience the best the natural ment to free us from our over-depend- nesses across the board are struggling world has to offer. By creating the ence on oil in general. We need to to make ends meet because of sky- Valle Vidal National Preserve with this make the American economy more fuel rocketing fuel costs. Worker pensions bill we can take the opportunity to efficient, and position this Nation to are in jeopardy, and families are al- preserve an essential piece of New compete in the 21st Century economy. ready feeling the squeeze. Mexican character and demonstrate It is in our Nation’s long-term eco- That’s why this legislation also con- once again that value is more than a nomic and national security interests tains provisions to ban manipulation in question of dollars and cents. to improve the fuel efficiency of Amer- oil and gasoline markets, and insti- ican vehicles, provide consumers with tutes new market transparency, inves- By Ms. CANTWELL (for herself, the tools to make smart choices, pro- tigation and enforcement mechanisms. Mr. REID, Mr. DURBIN, Mr. vide those same consumers with a These measures are based on provisions INOUYE, Mrs. FEINSTEIN, Mr. broader array of fuel-flexible vehicles in the recently enacted bipartisan en- KERRY, Mr. FEINGOLD, Mrs. and transportation options, and expand ergy bill that prohibited these prac- CLINTON, Mr. WYDEN, Mr. KOHL, our production of home-grown biofuels, tices in other sectors of the energy in- Mr. SCHUMER, Ms. STABENOW, in more diverse regions of this country. dustry. It provides for the same kind of Mr. DORGAN, Mr. JEFFORDS, Especially when it comes to fuel effi- anti-manipulation and transparency Mrs. BOXER, Ms. MIKULSKI, Mr. ciency, this body has to date lacked rules as those with which electricity BIDEN, Mr. LIEBERMAN, Mr. the political will necessary to take the and natural gas industries must com- HARKIN, Mr. REED, and Mr. steps we must to bolster this Nation’s ply. This legislation would apply the SALAZAR): energy and economic security. Along same sort of anti-manipulation and S. 1735. A bill to improve the Federal with my colleagues who have been tire- transparency standards to the oil in- Trade Commission’s ability to protect less champions on this issue for so dustry that we already apply to compa- consumers from price-gouging during long, Senators FEINSTEIN and DURBIN, I nies that sell other essential energy energy emergencies, and for other pur- will continue to fight to put our Nation commodities. poses; to the Committee on Commerce, on the right path when it comes to fuel Already, these prices are impacting a Science, and Transportation. efficiency. diverse swath of the U.S. economy and Ms. CANTWELL. Mr. President, I But in the short-term, we also need hurting hard-working Americans. Ac- rise today to introduce the Energy to take a close look at the lack of cording to the Department of Energy, Emergency Consumer Protection Act transparency and increased concentra- Americans will spend over $200 billion of 2005. I want to thank the original co- tion in the oil and gasoline markets, more on energy this year than they did

VerDate Aug 31 2005 04:00 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.058 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10239 last year, totaling over one trillion dol- holds with incomes under $15,000— at record levels. Allegations of price lars. about one-fifth of all households in this gouging and drastic price spikes were These energy prices are also costing country—this year will spend around 10 unfortunately commonplace in the im- us jobs. On average, every time oil percent of their total income on gaso- mediate days following the disaster— prices go up 10 percent, 150,000 Ameri- line alone. including, for example, gas being sold cans lose their jobs—based on the cal- And what’s going to happen this win- at $6.00 per gallon in the Atlanta area. culations of the Bureau of Labor Sta- ter? Heating costs for the average fam- Many believe that the human suffering tistics and Federal Reserve Board. ily using heating oil are projected to caused by loss of life, housing, and em- What’s more, according to the non- hit $1,666 during the upcoming winter ployment, has been compounded by partisan Congressional Budget Office, a months. This represents an increase of 40 percent increase in gas prices this over $400 over last winter’s prices and some unscrupulous individuals and month will decrease total domestic $700 more than the winter heating sea- businesses who have taken advantage consumption by 0.4 percent. And unless son of 2003 and 2004. For families using of the emergency by gouging con- prices come down in the fourth quar- natural gas, prices are projected to hit sumers. Yet, under current law, the ter, our Gross Domestic Product (GDP) $1,568, representing an increase of over Federal Government has virtually no will fall by 0.9 percent. These energy $600 over last year’s prices and $640 ability to prosecute such price gouging. price spikes are strangling economic more than 2003 and 2004. Our bill will correct this critical defi- growth. According to the Congressional These alarming statistics lead me to ciency. Research Service, every time oil prices question where is all this money going? This legislation contains several im- go up by 10 percent for a sustained pe- The Congressional Budget Office wrote portant provisions. First, it gives the riod of time, we lose somewhere be- recently that increased gasoline prices President the authority to declare an tween $80 billion and $160 billion in eco- are ‘‘basically a temporary redistribu- energy emergency during times of dis- nomic growth. tion of income from consumers of gaso- But while these prices are hurting line to the stockholders of refiners.’’ ruptions in the supply or distribution the economy as a whole, they are hav- This is a situation that is causing of gasoline or petroleum products. Sec- ing a particularly profound impact on gross inequities between different in- ond, the bill, for the first time, de- our Nation’s energy-intensive indus- dustries themselves. Oil industry prof- clares illegal under federal law selling tries. For example, they are hampering its have nearly tripled over the last gasoline or petroleum products at a the American airline industry. The air- three years to roughly $87 billion last price unconscionably high or when cir- line industry estimates it will pay $9.2 year—likely to be even more this cumstances indicate that the seller is billion more for fuel in 2005 than in year—while the airline industry has taking unfair advantage to increase 2004, a 103 percent increase from 2001. lost over $32 billion over the last four prices unreasonably in times of energy As Southwest CEO Steve Kelly told the years. emergency. Those who violate this law Seattle Times just last week, ‘‘We are How is this happening? While we face civil penalties of up to $3,000,000 now facing energy prices that no air- watch all of these economic impacts per day and criminal penalties, includ- line can make money at, at least with transpire, our federal regulators have ing jail terms of up to five years for in- today’s [ticket prices].’’ allowed the oil industry to strengthen dividuals, as well. The bill also forbids These prices are also making it im- its choke-hold on American consumers market manipulation in connection possible for our farmers to break even. and businesses. According to the inde- with the sale of gasoline and petroleum Even during a good year, farmers oper- pendent Government Accountability ate on profit margins of only about 5 Office, mergers and increased market products and empowers the experts at percent, so fertilizer, fuel, and pes- concentration with the U.S. petroleum the Federal Trade Commission to write ticide price increases of 20 percent or industry has led to higher wholesale regulations setting forth specific con- more have made it very difficult to get gasoline prices in this country. duct constituting market manipula- by. That’s why it’s time for this body to tion. Additionally, our bill gives states Other sectors of the transportation do something about it. The Energy Attorneys General the power to enforce industry are also being dramatically Emergency Consumer Protection Act is these provisions as well. impacted. Take, for example, the a common-sense approach to protect These measures are an urgently need- trucking industry. Diesel fuel accounts American consumers from gasoline ed deterrent to prevent all those who for a quarter of the trucking industry’s price gouging during national emer- would seek to profit from this enor- operating expense, or $85 billion in 2005. gencies. And it begins to shine the mous tragedy by price gouging con- Each penny increase in diesel costs the spotlight on the marketing practices of sumers in the price of gasoline. It will trucking industry $350 million over a the oil industry in general. protect consumers—both those who full year. I thank my cosponsors for their sup- And these prices are impacting essen- port, and I ask my colleagues to sup- were the victims of the immediate ef- tial services in this country. School port this legislation. fects of Hurricane Katrina and those districts and local governments are Mr. KOHL. Mr. President, I rise around the country—who suffer every feeling the pain, as are federal agencies today to join Senator CANTWELL in co- day at the gas pumps from the real and themselves. Higher fuel prices are ex- sponsoring the Energy Emergency Con- growing economic pain caused by pected to add $300 million to the Postal sumer Protection Act of 2005. This bill record high gas prices. As Ranking Service’s transportation costs nation- will, for the first time, give our Federal Member on the Senate Antitrust Sub- wide this year. Government the needed tools to pros- committee, I believe that this legisla- What about the pain these prices are ecute those unscrupulous individuals tion is necessary to prevent unscrupu- causing, in other ways? Energy costs and companies that seek to take ad- lous companies using the disaster on are putting pensions at risk and requir- vantage of emergencies and disasters the Gulf Coast to justify uncompetitive ing taxpayer bailouts. That’s particu- by price gouging consumers in the sale gas price hikes. All of us can agree that larly true when it comes to the hun- of gasoline and other petroleum prod- profiteering and price gouging in the dreds of thousands of airline workers in ucts. With the tremendous suffering price of an essential commodity like this country. United Airlines has al- caused by Hurricane Katrina resulting gasoline is simply unacceptable. Such ready transferred $6.6 billion of its pen- in gas supply disruptions, and with gas conduct violates every principle of free sion obligations to the government prices at record levels well in excess of and fair competition. We must give the pension agency. If Delta and Northwest $3.00 per gallon in many places Federal Government the necessary terminate their pension plans following throughout the Nation, the time is now tools to prevent such misconduct, and their bankruptcy declarations, tax- for passage of this essential legislation. prosecute those who do so. payers would have to cover another $12 In the wake of the Hurricane Katrina billion. disaster and the associated disruptions I urge my colleagues to support the And these prices are especially harm- to supply and distribution networks, Energy Emergency Consumer Protec- ful to low-income Americans. House- the national average price of gas is now tion Act.

VerDate Aug 31 2005 02:37 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.060 S20SEPT1 S10240 CONGRESSIONAL RECORD — SENATE September 20, 2005 SUBMITTED RESOLUTIONS Whereas 150,000 senior citizens in the State (3) any effort to impose national photo of Georgia do not have a form of govern- identification requirements for voting ment-issued photo identification; should be rejected. SENATE CONCURRENT RESOLU- Whereas residents in the State of Georgia Mr. OBAMA. Mr. President, today I TION 53—EXPRESSING THE can obtain the newly required voter identi- am submitting a resolution to express SENSE OF CONGRESS THAT ANY fication card in only 56 places in all 159 coun- the Senate’s strong disapproval of re- ties in Georgia with no such places currently cent efforts to disenfranchise Ameri- EFFORT TO IMPOSE PHOTO located in Atlanta, Georgia; IDENTIFICATION REQUIREMENTS Whereas the State of Georgia permits the cans. FOR VOTING SHOULD BE RE- use of various forms of proof of identity to In the weeks since Hurricane Katrina JECTED obtain government-issued identification that ravaged the Gulf Coast, our country it does not accept in a similar manner when has been awakened to the plight of the Mr. OBAMA (for himself, Mr. DODD, its citizens attempt to exercise their con- most vulnerable Americans—the poor, Mr. REID, Mr. CORZINE, Mrs. CLINTON, stitutionally protected right to vote; the elderly, the sick, and the disabled. Mr. HARKIN, Mr. FEINGOLD, Mr. AKAKA, Whereas the State of Georgia will charge And if we have learned anything from Mr. DORGAN, Mr. KENNEDY, Mr. KERRY, United States citizens at least $20 for voters this tragedy, it is that the Government Ms. MIKULSKI, Mr. LAUTENBERG, Ms. to purchase 1 of the government-issued photo has too often ignored the needs of these STABENOW, Mr. PRYOR, Mr. DAYTON, identification cards required under the new citizens in crafting national policy. Mr. LEAHY, Mr. DURBIN, Mr. WYDEN, State law unless such citizens wish to endure Whether it is homeland security or and Mr. SALAZAR) submitted the fol- the potential humiliation of swearing to education or health care, these Ameri- lowing concurrent resolution; which their indigency; Whereas poll taxes are prohibited in Fed- cans have consistently been left be- was referred to the Committee on eral elections by the 24th Amendment to the hind. Rules and Administration: Constitution and in State elections by a 1966 Now, we are in danger of proceeding S. CON. RES. 53 Supreme Court case; down another path that disregards the Whereas the most fundamental right ac- Whereas the Secretary of State of Georgia has stated that photo identification would needs of our Nation’s neediest—the corded to United States citizens by the Con- right to vote. This is the most funda- stitution is the right to vote, and the not have resolved any instances of voter unimpeded exercise of this right is essential fraud; mental right protected by the Con- to the functioning of our democracy; Whereas the Voting Rights Act of 1965 re- stitution and the right for which many Whereas historically, certain citizens, es- quires that Georgia and other States with Americans have fought and died. pecially racial minorities, have been pre- histories of discrimination in elections prove The last two Presidential elections vented from voting because of significant that election laws and practices do not were tainted by allegations of fraud barriers such as literacy tests, poll taxes, hinder minorities’ ability to exercise the and abuse. The complaints ranged from and property requirements; franchise, including access to the polls, and long polling lines to faulty machines to Whereas the long and difficult struggle to that such States have such laws and prac- tices approved by the Department of Justice confusing ballots. The rampant com- remove these and other barriers to voting re- plaints have shaken people’s con- sulted in the loss of life but also led to the before implementation; passage of the 15th, 19th, and 24th Amend- Whereas the Department of Justice’s ap- fidence in our election system. And so ments to the Constitution; proval of the Georgia statute in August of it is all of our duty to work to restore Whereas in the face of persistently low 2005 was a troubling example of a recent and protect the integrity of the elec- voter turnout relative to other industrialized trend towards weakening voter protections toral process. democracies, exaggerated fears of voter im- and countenancing voter suppression; Unfortunately, in this new millen- personation have led to calls for more strin- Whereas Hurricane Katrina and its after- nium, too many electoral reform ef- gent voter identification requirements, in- math have destroyed or rendered unusable the official records of many State and local forts seem intent on limiting access to cluding the requirement of government- the ballot as opposed to expanding it. issued photo identification cards as the only government agencies in Louisiana, Mis- approved form of voter identification; sissippi, and Alabama, as well as the docu- In the mid-20th century, the poll tax Whereas there has been no substantiated ments of thousands of residents in those was the preferred means of evidence of any significant incidence of fraud states, which will significantly complicate disenfranchising large minority popu- due to voter impersonation, and the more se- the ability of those residents to obtain photo lations, specifically African Ameri- rious attack on ballot integrity has been the identification cards; cans. Today, the poll tax is taking on a discounting of millions of ballots, including Whereas the residents of the Gulf Coast re- new form—a photo identification re- an estimated 6,000,000 ballots lost in the 2000 gion, in particular, those residents displaced by Hurricane Katrina, have already suffered quirement for voters. Presidential election; According to the National Commis- Whereas there is no evidence that photo immeasurably in recent weeks and should identification requirements address the few not be further burdened by losing their right sion on Federal Election Reform, such isolated instances of such fraud; to vote because they cannot obtain photo a requirement would ‘‘impose an addi- Whereas 12 percent of voting-age Ameri- identification cards; tional expense on the exercise of the cans do not have a driver’s license, most of Whereas the Carter/Baker Election Reform franchise, a burden that would fall dis- whom are minorities, new United States citi- Commission recommended that States im- proportionately on people who are zens, the indigent, the elderly, or the dis- plement mandatory State-issued photo iden- poorer and urban.’’ Nevertheless, a abled; tification requirements for voting at the polls, despite the lack of evidence that such number of States, including Georgia, Whereas government-issued identification have recently passed laws mandating cards can cost as much as $85 and are often identification will address documented in- unnecessary for the daily needs of, or inac- stances of voter fraud; and government-issued photo identification cessible to, many urban, rural, elderly, and Whereas an electoral system with integrity for voters at the polls. indigent voters who do not own cars; is one that allows all eligible voters the op- In Georgia alone, at least 150,000 sen- Whereas the National Commission on Fed- portunity to cast their votes, and thus elec- ior citizens do not have government- eral Election Reform reported in 2001 that a tion reform must further democratic em- issued photo identification, which can photo identification requirement would ‘‘im- powerment, not disenfranchisement: Now, cost up to $85. Nationwide, at least 12 therefore, be it pose an additional expense on the exercise of percent of eligible drivers do not have the franchise, a burden that would fall dis- Resolved by the Senate (the House of Rep- a driver’s license. And Georgia has proportionately on people who are poorer resentatives concurring), That it is the sense and urban’’; of Congress that— made it difficult for rural and urban Whereas an alarming number of States, in- (1) a requirement that United States citi- folks to obtain their voter photo iden- cluding most recently the State of Georgia, zens obtain photo identification cards before tification. There are currently only 56 have passed proposals requiring voters to being able to vote has not been shown to en- places in all 159 counties where such produce government-issued photo identifica- sure ballot integrity and places an undue identification is available, with no tion at the polls; burden on the legitimate voting rights of places available in Atlanta. For people Whereas the State of Georgia no longer al- such citizens; who already lack transportation, which lows affidavits affirming one’s identity to (2) the Department of Justice should— may be why they do not have driver’s meet the identification requirement for vot- (A) vigorously enforce the Voting Rights ing, a change that will likely disproportion- Act of 1965; and licenses, it is far-fetched to think that ately affect minorities, new United States (B) challenge any State law that limits a these same people could easily get to citizens, the indigent, the elderly, and the citizen’s ability to vote based on discrimina- another county to obtain a voter iden- disabled; tory photo identification requirements; and tification card.

VerDate Aug 31 2005 02:37 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.048 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10241 Earlier today, the Carter-Baker Com- SA 1741. Mr. DEWINE submitted an amend- tended to be proposed by him to the bill H.R. mission on Federal Election Reform re- ment intended to be proposed by him to the 2744, supra; which was ordered to lie on the leased its recommendations for im- bill H.R. 2744, supra; which was ordered to lie table. proving the electoral process. While on the table. SA 1765. Mr. KOHL (for Mr. HARKIN) pro- SA 1742. Mr. ROBERTS submitted an posed an amendment to the bill H.R. 2744, many of the Commission’s rec- amendment intended to be proposed by him supra. ommendations are worthy of consider- to the bill H.R. 2744, supra. SA 1766. Mr. KOHL (for Mr. PRYOR) pro- ation, its report recommends the im- SA 1743. Mr. LUGAR submitted an amend- posed an amendment to the bill H.R. 2744, plementation of a national voter iden- ment intended to be proposed by him to the supra. tification requirement, despite ac- bill H.R. 2744, supra; which was ordered to lie SA 1767. Mr. NELSON of Nebraska sub- knowledging that there is ‘‘no evidence on the table. mitted an amendment intended to be pro- SA 1744. Mrs. MURRAY submitted an posed by him to the bill H.R. 2744, supra; of extensive fraud in U.S. elections or amendment intended to be proposed by her of multiple voting.’’ which was ordered to lie on the table. to the bill H.R. 2744, supra; which was or- SA 1768. Mr. SPECTER (for himself and This past weekend, Afghanistan held dered to lie on the table. Mr. LEAHY) submitted an amendment in- its second successful national election, SA 1745. Mrs. MURRAY submitted an tended to be proposed by him to the bill H.R. and we have seen successes in Iraq’s amendment intended to be proposed by her 2744, supra; which was ordered to lie on the elections as well. If these nascent de- to the bill H.R. 2744, supra; which was or- table. mocracies can commit themselves to dered to lie on the table. SA 1769. Mr. DAYTON submitted an SA 1746. Mrs. MURRAY submitted an amendment intended to be proposed by him bringing any and all citizens to the amendment intended to be proposed by her polls, surely we can do the same. to the bill H.R. 2744, supra; which was or- to the bill H.R. 2744, supra; which was or- dered to lie on the table. Many of us both here in Washington dered to lie on the table. and around the country have been ask- SA 1747. Mr. DURBIN (for Mr. REID) pro- f posed an amendment to the bill H.R. 2744, ing questions over the past three weeks TEXT OF AMENDMENTS about our Nation’s priorities and our supra. SA 1748. Mr. DURBIN (for Mr. INOUYE (for commitment to helping our country’s SA 1736. Ms. COLLINS (for herself himself, Mr. AKAKA, and Mrs. FEINSTEIN)) most vulnerable citizens. But a major and Ms. SNOWE) submitted an amend- proposed an amendment to the bill H.R. 2744, ment intended to be proposed by her to priority should be ensuring that these supra. citizens can exercise the most funda- SA 1749. Mr. DURBIN (for himself, Mr. the bill H.R. 2744, making appropria- mental right in a democracy—the right ENZI, Mr. KENNEDY, and Mr. BINGAMAN) pro- tions for Agriculture, Rural Develop- to vote. posed an amendment to the bill H.R. 2744, ment, Food and Drug Administration, The resolution I am submitting supra. and Related Agencies for the fiscal SA 1750. Mr. BENNETT proposed an today, along with Senator DODD and year ending September 30, 2006, and for amendment to the bill H.R. 2744, supra. other purposes; which was ordered to joined by Senators REID, CORZINE, SA 1751. Mr. BENNETT proposed an CLINTON, HARKIN, FEINGOLD, AKAKA, amendment to the bill H.R. 2744, supra. lie on the table; as follows: DORGAN, KENNEDY, KERRY, MIKULSKI, SA 1752. Mr. BENNETT proposed an On page 128, line 19, strike ‘‘$12,400,000’’ and LAUTENBERG and others, expresses the amendment to the bill H.R. 2744, supra. insert ‘‘$17,400,000’’. Senate’s strong disapproval of photo SA 1753. Mr. ENSIGN (for himself, Mr. On page 128, line 24, strike ‘‘$1,000,000’’ and BYRD, Mr. GRAHAM, Mr. LOTT, Mr. DEMINT, insert ‘‘$6,000,000’’. identification requirements for voting. Ms. LANDRIEU, Ms. STABENOW, Mrs. FEIN- On page 129, line 2, insert before the period The resolution also urges the Depart- STEIN, Mr. LAUTENBERG, and Mr. CORZINE) at the end the following: ‘‘: Provided further, ment of Justice to challenge any State proposed an amendment to the bill H.R. 2744, That $3,000,000 shall be provided to each law that limits a citizen’s ability to supra. third round empowerment zone’’. vote based on discriminatory photo SA 1754. Mr. SALAZAR submitted an On page 173, after line 24, insert the fol- identification requirements and urges amendment intended to be proposed by him lowing: the rejection of any national photo to the bill H.R. 2744, supra; which was or- SEC. 7lll. Notwithstanding any other identification requirements for voting. dered to lie on the table. provision of this Act, each amount provided SA 1755. Mr. SALAZAR submitted an by this Act is reduced by the pro rata per- I am honored that Representative amendment intended to be proposed by him centage required to reduce the total amount JOHN LEWIS, a civil rights icon who put to the bill H.R. 2744, supra; which was or- provided by this Act by $5,000,000. his life on the line to fight for the right dered to lie on the table. to vote, will be introducing the same SA 1756. Mrs. BOXER submitted an amend- SA 1737. Mr. ALLARD submitted an resolution in the House later this ment intended to be proposed by her to the amendment intended to be proposed by week. bill H.R. 2744, supra; which was ordered to lie him to the bill H.R. 2744, making ap- on the table. I urge my colleagues to support this SA 1757. Mr. LUGAR (for himself and Mr. propriations for Agriculture, Rural De- important resolution. HARKIN) submitted an amendment intended velopment, Food and Drug Administra- f to be proposed by him to the bill H.R. 2744, tion, and Related Agencies for the fis- supra; which was ordered to lie on the table. cal year ending September 30, 2006, and AMENDMENTS SUBMITTED AND SA 1758. Mr. LUGAR submitted an amend- for other purposes; as follows: PROPOSED ment intended to be proposed by him to the On page 93, line 9, before the period at the bill H.R. 2744, supra; which was ordered to lie SA 1736. Ms. COLLINS (for herself and Ms. end insert the following: ‘‘: Provided further, on the table. SNOWE) submitted an amendment intended SA 1759. Mr. LUGAR submitted an amend- That the Secretary, through the Agricul- to be proposed by her to the bill H.R. 2744, ment intended to be proposed by him to the tural Research Service, or successor, is au- making appropriations for Agriculture, bill H.R. 2744, supra; which was ordered to lie thorized to lease approximately 40 acres of Rural Development, Food and Drug Adminis- on the table. land at the Central Plains Experiment Sta- tration, and Related Agencies for the fiscal SA 1760. Mr. DURBIN submitted an amend- tion, Nunn, Colorado, to the Board of Gov- year ending September 30, 2006, and for other ment intended to be proposed by him to the ernors of the Colorado State University Sys- purposes; which was ordered to lie on the bill H.R. 2744, supra; which was ordered to lie tem, for its Shortgrass Steppe Biological table. on the table. Field Station, on such terms and conditions SA 1737. Mr. ALLARD submitted an SA 1761. Ms. STABENOW (for herself, Mr. as the Secretary deems in the public inter- amendment intended to be proposed by him LEVIN, Mr. DEWINE, Mr. BAYH, and Mr. est: Provided further, That the Secretary un- to the bill H.R. 2744, supra. VOINOVICH) submitted an amendment in- derstands that it is the intent of the Univer- SA 1738. Mr. ALLARD (for himself, Mr. tended to be proposed by her to the bill H.R. sity to construct research and educational ROBERTS, Mr. CRAIG, Mr. BURNS, Mr. THUNE, 2744, supra; which was ordered to lie on the buildings on the subject acreage and to con- and Mr. HAGEL) proposed an amendment to table. duct agricultural research and educational the bill H.R. 2744, supra. SA 1762. Ms. STABENOW submitted an activities in these buildings: Provided further, SA 1739. Mr. ALLARD submitted an amendment intended to be proposed by her That as consideration for a lease, the Sec- amendment intended to be proposed by him to the bill H.R. 2744, supra; which was or- retary may accept the benefits of mutual co- to the bill H.R. 2744, supra; which was or- dered to lie on the table. operative research to be conducted by the dered to lie on the table. SA 1763. Mr. TALENT (for himself and Mr. Colorado State University and the Govern- SA 1740. Mrs. MURRAY submitted an PRYOR) proposed an amendment to the bill ment at the Shortgrass Steppe Biological amendment intended to be proposed by her H.R. 2744, supra. Field Station: Provided further, That the to the bill H.R. 2744, supra; which was or- SA 1764. Mr. CRAIG (for himself and Mrs. term of any lease shall be for no more than dered to lie on the table. FEINSTEIN) submitted an amendment in- 20 years, but a lease may be renewed at the

VerDate Aug 31 2005 04:13 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.054 S20SEPT1 S10242 CONGRESSIONAL RECORD — SENATE September 20, 2005 option of the Secretary on such terms and Commissioner to the Office of Over-the- her to the bill H.R. 2744, making appro- conditions as the Secretary deems in the Counter Drug Evaluation.’’. priations for Agriculture, Rural Devel- public interest’’. opment, Food and Drug Administra- SA 1741. Mr. DEWINE submitted an SA 1738. Mr. ALLARD (for himself, tion, and Related Agencies for the fis- amendment intended to be proposed by cal year ending September 30, 2006, and Mr. ROBERTS, Mr. CRAIG, Mr. BURNS, him to the bill H.R. 2744, making ap- for other purposes; which was ordered Mr. THUNE, and Mr. HAGEL) proposed propriations for Agriculture, Rural De- to lie on the table; as follows: an amendment to the bill H.R. 2744, velopment, Food and Drug Administra- making appropriations for Agriculture, On page 143, line 13, strike the period and tion, and Related Agencies for the fis- insert the following: ‘‘: Provided further, that Rural Development, Food and Drug Ad- cal year ending September 30, 2006, and the amounts appropriated under this heading ministration, and Related Agencies for for other purposes; which was ordered for salaries and expenses of the Office of the the fiscal year ending September 30, to lie on the table; as follows: Commissioner shall be reduced by 2006, and for other purposes; as follows: On page 173, after line 24, insert the fol- $5,000,000.’’. At the appropriate place, insert the fol- lowing: SA 1746. Mrs. MURRAY submitted an lowing: SEC. 7lll. It is the sense of the Senate SEC. ll. It is the sense of the Senate that that— amendment intended to be proposed by the United States Government should not (1) the Senate— her to the bill H.R. 2744, making appro- permit the importation into the United (A) encourages expanded efforts to allevi- priations for Agriculture, Rural Devel- States of beef from Japan until the Govern- ate hunger throughout developing countries; opment, Food and Drug Administra- ment of Japan takes appropriate actions to and tion, and Related Agencies for the fis- permit the importation into Japan of beef (B) pledges to continue to support inter- cal year ending September 30, 2006, and from the United States. national hunger relief efforts; for other purposes; which was ordered (2) the United States Government should to lie on the table; as follows: SA 1739. Mr. ALLARD submitted an use financial and diplomatic resources to On page 143, after line 19, insert the fol- amendment intended to be proposed by work with other donors to ensure that food him to the bill H.R. 2744, making ap- lowing: aid programs receive all necessary funding In addition, notwithstanding any other propriations for Agriculture, Rural De- and supplies; and provision of this Act, none of the amounts velopment, Food and Drug Administra- (3) food aid should be provided in conjunc- appropriated under this title shall be ex- tion, and Related Agencies for the fis- tion with measures to alleviate hunger, mal- pended to initiate or conduct a rulemaking cal year ending September 30, 2006, and nutrition, and poverty. process relating to the over-the-counter ap- for other purposes; which was ordered plication for the drug Plan B. The preceding SA 1742. Mr. ROBERTS submitted an to lie on the table; as follows: sentence shall not apply to the 60-day public amendment intended to be proposed by comment period initiated on August 26, 2005, At the appropriate place, insert the fol- him to the bill H.R. 2744, making ap- relating to such drug. lowing: propriations for Agriculture, Rural De- SECTION ll. HUMANE METHODS. velopment, Food and Drug Administra- SA 1747. Mr. DURBIN (for Mr. REID) Section 2 of Public Law 85-765 (commonly proposed an amendment to the bill known as the ‘‘Humane Methods of Slaugh- tion, and Related Agencies for the fis- cal year ending September 30, 2006, and H.R. 2744, making appropriations for ter Act of 1958’’) (7 U.S.C. 1902) is amended— Agriculture, Rural Development, Food (1) by redesignating subsections (a) and (b) for other purposes; as follows: as paragraphs (1) and (3) respectively, and in- and Drug Administration, and Related On page 173, after line 24, insert the fol- Agencies for the fiscal year ending Sep- denting accordingly; lowing: (2) in the first sentence, by striking ‘‘No SEC. 7lll. Section 508(a)(4)(B) of the Fed- tember 30, 2006, and for other purposes; method’’ and inserting the following: eral Crop Insurance Act (7 U.S.C. as follows: ‘‘(a) IN GENERAL.—No method’’; 1508(a)(4)(B)) is amended by inserting ‘‘or On page 173, after line 24, insert the fol- (3) in the second sentence, by striking ‘‘Ei- similar commodities’’ after ‘‘the com- lowing: ther of the following two’’ and inserting the modity’’. SEC. 7ll. (a) Section 8c(5) of the Agricul- following: tural Adjustment Act (7 U.S.C. 608c(5)), reen- ‘‘(b) PARTICULAR METHODS.—The following SA 1743. Mr. LUGAR submitted an acted with amendments by the Agricultural methods’’; amendment intended to be proposed by Marketing Agreement Act of 1937, is amend- (4) in paragraph (1) (as redesignated by him to the bill H.R. 2744, making ap- ed by adding at the end the following: paragraph (1))— ‘‘(M) MINIMUM MILK PRICES FOR HAN- (A) by striking ‘‘in the case’’ and inserting propriations for Agriculture, Rural De- DLERS.— ‘‘In the case’’; velopment, Food and Drug Administra- ‘‘(i) APPLICATION OF MINIMUM PRICE RE- (B) by inserting ‘‘or ratites’’ after ‘‘other tion, and Related Agencies for the fis- QUIREMENTS.—Notwithstanding any other livestock’’; cal year ending September 30, 2006, and provision of this section, a milk handler de- (C) by striking ‘‘animals’’ and inserting for other purposes; which was ordered scribed in clause (ii) shall be subject to all of ‘‘livestock or ratites’’; and to lie on the table; as follows: the minimum and uniform price require- (D) by striking ‘‘; or’’ at the end and in- ments of a Federal milk marketing order On page 94, line 9, before the semicolon, in- serting a period; issued pursuant to this section applicable to sert the following: ‘‘, of which not less than (5) by inserting after paragraph (1) (as re- the county in which the plant of the handler $1,500,000 shall be used for special grants for designated by paragraph (1)) the following: is located, at Federal order class prices, if agricultural research related to hardwood ‘‘(2) In the case of poultry and rabbits, the handler has packaged fluid milk product scanning’’. shackling prior to being rendered insensible route dispositions, or sales of packaged fluid to pain is permissible if the handling and milk products to other plants, in a mar- shackling is performed in a humane man- SA 1744. Mrs. MURRAY submitted an keting area located in a State that requires ner.’’; and amendment intended to be proposed by handlers to pay minimum prices for raw (6) in paragraph (3) (as redesignated by her to the bill H.R. 2744, making appro- milk purchases. paragraph (1)), by striking ‘‘anemia’’ and in- priations for Agriculture, Rural Devel- ‘‘(ii) COVERED MILK HANDLERS.—Except as serting ‘‘ischemia’’. opment, Food and Drug Administra- provided in clause (iv), clause (i) applies to a tion, and Related Agencies for the fis- handler of Class I milk products (including a Mrs. MURRAY submitted an SA 1740. cal year ending September 30, 2006, and producer-handler or producer operating as a amendment intended to be proposed by for other purposes; which was ordered handler) that— her to the bill H.R. 2744, making appro- ‘‘(I) operates a plant that is located within to lie on the table; as follows: priations for Agriculture, Rural Devel- the boundaries of a Federal order milk mar- opment, Food and Drug Administra- On page 143, line 13, strike the period and keting area (as those boundaries are in effect insert the following: ‘‘: Provided further, that tion, and Related Agencies for the fis- on the date of enactment of this subpara- of the amounts appropriated under this head- graph); cal year ending September 30, 2006, and ing for salaries and expenses, $10,000,000, ‘‘(II) has packaged fluid milk product route for other purposes; which was ordered shall be transferred from the Office of the dispositions, or sales of packaged fluid milk to lie on the table; as follows: Commissioner to the Office of Drug Safety products to other plants, in a milk mar- On page 143, line 13, strike the period and for purposes of postmarket surveillance ac- keting area located in a State that requires insert the following: ‘‘: Provided further, that tivities.’’. handlers to pay minimum prices for raw of the amounts appropriated under this head- milk purchases; and ing for salaries and expenses, $15,000,000, SA 1745. Mrs. MURRAY submitted an ‘‘(III) is not otherwise obligated by a Fed- shall be transferred from the Office of the amendment intended to be proposed by eral milk marketing order, or a regulated

VerDate Aug 31 2005 04:00 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.055 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10243 milk pricing plan operated by a State, to pay 8c(5)(B) of the Agricultural Adjustment Act of the Department of Health and Human minimum class prices for the raw milk that (7 U.S.C. 608c(5)(B)), reenacted with amend- Services of the efforts made to identify is used for the milk dispositions or sales. ments by the Agricultural Marketing Agree- qualified persons for such appointment with ‘‘(iii) OBLIGATION TO PAY MINIMUM CLASS ment of 1937, provides that a handler de- minimal or no potential conflicts of interest. PRICES.—For the purpose of clause (ii)(III), scribed in section 8c(5)(M) of the Agricul- the Secretary may not consider a handler of tural Adjustment Act, reenacted with SA 1750. Mr. BENNETT proposed an Class I milk products to be obligated by a amendments by the Agricultural Marketing amendment to the bill H.R. 2744, mak- Federal milk marketing order to pay min- Agreement of 1937 (as added by subsection ing appropriations for Agriculture, imum class prices for raw milk unless the (a))), will be fully regulated by the order in Rural Development, Food and Drug Ad- handler operates the plant as a fully regu- which the distributing plant of the handler is ministration, and Related Agencies for lated fluid milk distributing plant under a located. the fiscal year ending September 30, Federal milk marketing order. (3) Implementation of this section and the 2006, and for other purposes; as follows: ‘‘(iv) CERTAIN HANDLERS EXEMPTED.— amendments made by this section shall not Clause (i) does not apply to— be subject to a referendum under section On page 93, line 9 at the end of the sentence ‘‘(I) a handler (otherwise described in 8c(19) of the Agricultural Adjustment Act (7 insert the following: ‘‘Provided further, That the Agricultural clause (ii)) that operates a nonpool plant (as U.S.C. 608c(19)), reenacted with amendments Research Service may convey all rights and defined in section 1000.8(e) of title 7, Code of by the Agricultural Marketing Agreement title of the United States, to a parcel of land Federal Regulations (as in effect on the date Act of 1937. comprising 19 acres, more or less, located in of enactment of this subparagraph)); Section 2, Township 18 North, Range 14 East ‘‘(II) a producer-handler (otherwise de- SA 1748. Mr. DURBIN (for Mr. INOUYE in Oktibbeha County, Mississippi, originally scribed in clause (ii)) for any month during (for himself, Mr. AKAKA, and Mrs. FEIN- conveyed by the Board of Trustees of the In- which the producer-handler has route dis- STEIN)) proposed an amendment to the stitution of Higher Learning of the State of positions, and sales to other plants, of pack- bill H.R. 2744, making appropriations Mississippi, and described in instruments re- aged fluid milk products equaling less than for Agriculture, Rural Development, corded in Deed Book 306 at pages 553–554, 3,000,000 pounds of milk; or Food and Drug Administration, and Deed Book 319 at page 219, and Deed Book 33 ‘‘(III) a handler (otherwise described in at page 115, of the public land records of clause (ii)) for any month during which— Related Agencies for the fiscal year ending September 30, 2006, and for Oktibbeha County, Mississippi, including fa- ‘‘(aa) less than 25 percent of the total cilities, and fixed equipment, to the Mis- quantity of fluid milk products physically other purposes; as follows: sissippi State University, Starkville, Mis- received at the plant of the handler (exclud- On page 101, line 10, before the period at sissippi, in their ‘‘as is’’ condition, when va- ing concentrated milk received from another the end insert the following: ‘‘: Provided fur- cated by the Agricultural Research Service.’’ plant by agreement for other than Class I ther, That none of the funds may be used to use) is disposed of as route disposition or is demolish or dismantle the Hawaii Fruit Fly SA 1751. Mr. BENNETT proposed an transferred in the form of packaged fluid Production Facility in Waimanalo, Hawaii’’. amendment to the bill H.R. 2744, mak- milk products to other plants; or ing appropriations for Agriculture, ‘‘(bb) less than 25 percent in aggregate of SA 1749. Mr. DURBIN (for himself, Rural Development, Food and Drug Ad- the route disposition or transfers are in a Mr. ENZI, and Mr. KENNEDY and Mr. marketing area or areas located in 1 or more ministration, and Related Agencies for BINGAMAN) proposed an amendment to the fiscal year ending September 30, States that require handlers to pay min- the bill H.R. 2744, making appropria- imum prices for raw milk purchases. 2006, and for other purposes; as follows: tions for Agriculture, Rural Develop- ‘‘(N) EXEMPTION FOR CERTAIN MILK HAN- On page 173 after line 24, insert the fol- DLERS.—Notwithstanding any other provi- ment, Food and Drug Administration, lowing new paragraphs: sion of this section, no handler with distribu- and Related Agencies for the fiscal ‘‘SEC. . (a) Hereafter, none of the funds tion of Class I milk products in the Arizona- year ending September 30, 2006, and for made available by this Act or any other Act Las Vegas marketing area (Order No. 131) other purposes; as follows: may be used to publish, disseminate, or dis- shall be exempt during any month from any On page 173, after line 24, insert the fol- tribute Agriculture Information Bulletin minimum milk price requirement estab- lowing: Number 787. (b) Of the funds provided to the Economic lished by the Secretary under this subsection SEC. 7l. (a) Subject to subsection (b), none if the total distribution of Class I products of the funds made available in this Act may Research Service, the Secretary of Agri- during the preceding month of any such han- be used to— culture shall enter into an agreement with dler’s own farm production that exceeds (1) grant a waiver of a financial conflict of the National Academy of Sciences to con- 3,000,000 pounds.’’. interest requirement pursuant to section duct a comprehensive report on the eco- (b) Section 8c(11) of the Agricultural Ad- 505(n)(4) of the Federal Food, Drug, and Cos- nomic development and current status of the justment Act (7 U.S.C. 608c(11)), reenacted metic Act (21 U.S.C. 355(n)(4)) for any voting sheep industry in the United States.’’ with amendments by the Agricultural Mar- member of an advisory committee or panel keting Agreement Act of 1937, is amended— SA 1752. Mr. BENNETT proposed an of the Food and Drug Administration; or (1) in subparagraph (C), by striking the last (2) make a certification under section amendment to the bill H.R. 2744, mak- sentence; and 208(b)(3) of title 18, United States Code, for ing appropriations for Agriculture, (2) by adding at the end the following: any such voting member. Rural Development, Food and Drug Ad- ‘‘(D) EXCLUSION OF NEVADA FROM FEDERAL (b) Subsection (a) shall not apply to a ministration, and Related Agencies for MILK MARKETING ORDERS.—In the case of milk waiver or certification if— the fiscal year ending September 30, and its products, no county or other political (1) not later than 15 days prior to a meet- subdivision located in the State of Nevada 2006, and for other purposes; as follows: ing of an advisory committee or panel to shall be within a marketing area covered by On page 173 after line 24 insert the fol- which such waiver or certification applies, any order issued under this section.’’. lowing: the Secretary of Health and Human Services (c) Notwithstanding any other provision of ‘‘SEC. . The Secretary of Agriculture may this section or the amendments made by this discloses on the Internet website of the Food establish a demonstration intermediate re- section, a milk handler (including a pro- and Drug Administration— lending program for the construction and re- ducer-handler or producer operating as a (A) the nature of the conflict of interest at habilitation of housing for the Choctaw Na- handler) that is subject to regulation under issue; and tion: Provided, That the interest rate for di- this section or an amendment made by this (B) the nature and basis of such waiver or rect loans shall be 1 percent: Provided further. section shall comply with any requirement certification (other than information ex- That no later than one year after the estab- under section 1000.27 of title 7, Code of Fed- empted from disclosure under section 552 of lishment of this program the Secretary shall eral Regulations (or a successor regulation) title 5, United States Code (popularly known provide the Committees on Appropriations relating to responsibility of handlers for as the Freedom of Information Act)); or with a report providing information on the records or facilities. (2) in the case of a conflict of interest that program structure, management, and gen- (d)(1) This section and the amendments becomes known to the Secretary less than 15 eral demographic information on the loan re- made by this section take effect on the first days prior to a meeting to which such waiver cipients.’’ day of the first month beginning more than or certification applies, the Secretary shall 15 days after the date of enactment of this make such public disclosure as soon as pos- SA 1753. Mr. ENSIGN (for himself, Act. sible thereafter, but in no event later than Mr. BYRD, Mr. GRAHAM, Mr. LOTT, Mr. (2) To accomplish the expedited implemen- the date of such meeting. DEMINT, Ms. LANDRIEU, Ms. STABENOW, tation schedule for the amendment made by (c) None of the funds made available in this Mrs. FEINSTEIN, Mr. LAUTENBERG, and subsection (a), effective on the date of enact- Act may be used to make a new appointment ment of this Act, the Secretary of Agri- to an advisory committee or panel of the Mr. CORZINE) proposed an amendment culture shall ensure that the pool distrib- Food and Drug Administration unless the to the bill H.R. 2744, making appropria- uting plant provisions of each Federal milk Commissioner of Food and Drugs submits a tions for Agriculture, Rural Develop- marketing order issued under section confidential report to the Inspector General ment, Food and Drug Administration,

VerDate Aug 31 2005 04:13 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.057 S20SEPT1 S10244 CONGRESSIONAL RECORD — SENATE September 20, 2005 and Related Agencies for the fiscal On page 173, after line 24, insert the fol- (ii) by striking ‘‘qualifying crop losses’’ year ending September 30, 2006, and for lowing: and all that follows through ‘‘in this para- other purposes; as follows: SEC. 7lll. Notwithstanding the procla- graph,’’; and mation by the President dated September 8, (B) in subsection (c)(1), by striking ‘‘2004’’ At the appropriate place, add the fol- 2005, or any other provision of law, the provi- and inserting ‘‘2005’’. lowing: sions of subchapter IV of chapter 31 of title (2) The amounts made available by the SEC. . None of the funds made available 40, United States Code (and the provisions of transfer of funds in or pursuant to the in this Act may be used to pay the salaries all other related Acts to the extent they de- amendments made by paragraph (1) are des- or expenses of personnel to inspect horses pend upon a determination by the Secretary ignated as an emergency requirement pursu- under section 3 of the Federal Meat Inspec- of Labor under section 3142 of such title, ant to section 402 of H. Con. Res. 95 (109th tion Act (21 U.S.C. 603) or under the guide- whether or not the President has the author- Congress). lines issued under section 903 the Federal Ag- ity to suspend the operation of such provi- (b)(1) Effective beginning on the date of en- riculture Improvement and Reform Act of sions), shall apply to all contracts to which actment of this Act, the Secretary shall use 1996 (7 U.S.C. 1901 note; Public Law 104–127). such provisions would otherwise apply that funds of the Commodity Credit Corporation are entered into on or after the date of en- to carry out the 2002 Livestock Compensa- SA 1754. Mr. SALAZAR submitted an actment of this Act, to be performed in the tion Program announced by the Secretary on amendment intended to be proposed by counties affected by Hurricane Katrina and October 10, 2002 (67 Fed. Reg. 63070) for 2005 him to the bill H.R. 2744, making ap- described in such proclamation. losses. propriations for Agriculture, Rural De- (2) In carrying out the Program, the Sec- velopment, Food and Drug Administra- SA 1757. Mr. LUGAR (for himself and retary shall— tion, and Related Agencies for the fis- Mr. HARKIN) submitted an amendment (A) provide assistance to any applicant intended to be proposed by him to the that— cal year ending September 30, 2006, and (i) conducts a livestock operation that is for other purposes; which was ordered bill H.R. 2744, making appropriations for Agriculture, Rural Development, physically located in a disaster county, in- to lie on the table; as follows: cluding any applicant conducting a livestock On page 173, after line 24, insert the fol- Food and Drug Administration, and operation with eligible livestock, as that lowing: Related Agencies for the fiscal year term is used in carrying out the livestock as- SEC. 7lll. Not later than 90 days after ending September 30, 2006, and for sistance program under section 101(b) of divi- the date of enactment of this Act, the Sec- other purposes; which was ordered to sion B of Public Law 108–324 (118 Stat. 1232); retary of Agriculture, in cooperation with lie on the table; as follows: and the Secretary of Energy, shall provide to the On page 85, line 15, strike ‘‘$128,072,000’’ and (ii) meets all other eligibility requirements Committee on Appropriations of the Senate insert ‘‘$126,072,000’’. established by the Secretary for the Pro- and the Committee on Appropriations of the On page 167, line 20, strike ‘‘$12,000,000’’ and gram; and House of Representatives a report that de- insert ‘‘$14,000,000’’. (B) provide assistance to any applicant scribes the impact of increased prices of gas, that— natural gas, and diesel on agricultural pro- SA 1758. Mr. LUGAR submitted an (i) produces an animal described in section ducers, ranchers, and rural communities. amendment intended to be proposed by 10806(a)(1) of the Farm Security and Rural him to the bill H.R. 2744, making ap- Investment Act of 2002 (21 U.S.C. 321d(a)(1)); SA 1755. Mr. SALAZAR submitted an and propriations for Agriculture, Rural De- (ii) meets all other eligibility requirements amendment intended to be proposed by velopment, Food and Drug Administra- him to the bill H.R. 2744, making ap- established by the Secretary for the Pro- tion, and Related Agencies for the fis- gram. propriations for Agriculture, Rural De- cal year ending September 30, 2006, and velopment, Food and Drug Administra- for other purposes; which was ordered SA 1761. Ms. STABENOW (for herself, tion, and Related Agencies for the fis- to lie on the table; as follows: Mr. LEVIN, Mr. DEWINE, Mr. BAYH, and cal year ending September 30, 2006, and On page 167, line 20, strike ‘‘$12,000,000’’ and Mr. VOINOVICH) submitted an amend- for other purposes; which was ordered insert ‘‘$14,000,000’’. ment intended to be proposed by her to to lie on the table; as follows: the bill H.R. 2744, making appropria- On page 173, after line 24, insert the fol- SA 1759. Mr. LUGAR submitted an tions for Agriculture, Rural Develop- lowing: amendment intended to be proposed by ment, Food and Drug Administration, SEC. 7lll. The Secretary of Agriculture him to the bill H.R. 2744, making ap- and Related Agencies for the fiscal (referred to in this section as the ‘‘Sec- propriations for Agriculture, Rural De- year ending September 30, 2006, and for retary’’) shall prepare a report for submis- velopment, Food and Drug Administra- sion by the President to Congress, along other purposes; which was ordered to with the fiscal year 2007 budget request tion, and Related Agencies for the fis- lie on the table; as follows: under section 1105 of title 31, United States cal year ending September 30, 2006, and On page 100, line 9, before the colon insert Code, that— for other purposes; which was ordered the following: ‘‘; of which $10,440,000 shall be (1) identifies measures to address bark bee- to lie on the table; as follows: used for the eradication of the emerald ash tle infestation and the impacts of bark bee- On page 94, line 9, before the semicolon, in- borer in the States of Michigan, Ohio, and tle infestation as the first priority for assist- sert the following: ‘‘, of which not less than Indiana’’. ance under the Healthy Forests Restoration $1,500,000 shall be used for special grants for Act of 2003 (16 U.S.C. 6501 et seq.); agricultural research related to hardwood SA 1762. Ms. STABENOW submitted (2) describes activities that will be con- scanning’’. an amendment intended to be proposed ducted by the Secretary to address bark bee- On page 85, line 15, strike ‘‘$128,072,000’’ and by her to the bill H.R. 2744, making ap- tle infestations and the impacts of bark bee- insert ‘‘$126,572,000.’’ propriations for Agriculture, Rural De- tle infestations; velopment, Food and Drug Administra- (3) describes the financial and technical re- SA 1760. Mr. DURBIN submitted an sources that will be dedicated by the Sec- amendment intended to be proposed by tion, and Related Agencies for the fis- retary to measures to address bark beetle in- him to the bill H.R. 2744, making ap- cal year ending September 30, 2006, and festations and the impacts of the infesta- propriations for Agriculture, Rural De- for other purposes; which was ordered tions; and velopment, Food and Drug Administra- to lie on the table; as follows: (4) describes the manner in which the Sec- On page 173, after line 24, insert the fol- retary will coordinate with the Secretary of tion, and Related Agencies for the fis- cal year ending September 30, 2006, and lowing: the Interior and State and local governments SEC. 7lll. Section 10204(a) of the Farm in conducting the activities under paragraph for other purposes; which was ordered Security and Rural Investment Act of 2002 (7 (2). to lie on the table; as follows: U.S.C. 8204(a)) is amended by inserting ‘‘per On page 173, after line 24, insert the fol- year’’ after ‘‘$75,000’’. SA 1756. Mrs. BOXER submitted an lowing: amendment intended to be proposed by SEC. 7lll. (a)(1) Section 101 of division B SA 1763. Mr. TALENT (for himself her to the bill H.R. 2744, making appro- of Public Law 108–324 (118 Stat. 1232) is and Mr. PRYOR) proposed an amend- priations for Agriculture, Rural Devel- amended— ment to the bill H.R. 2744, making ap- opment, Food and Drug Administra- (A) in subsection (a)(2)— propriations for Agriculture, Rural De- (i) by striking ‘‘the 2003, 2004, or 2005 crop tion, and Related Agencies for the fis- (as elected by a producer), but limited to velopment, Food and Drug Administra- cal year ending September 30, 2006, and only one of the crop years listed’’ and insert- tion, and Related Agencies for the fis- for other purposes; which was ordered ing ‘‘the 2003 or 2004 crop (as elected by a cal year ending September 30, 2006, and to lie on the table; as follows: producer) and the 2005 crop’’; and for other purposes; as follows:

VerDate Aug 31 2005 04:00 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.064 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — SENATE S10245 On page 173, after line 24, insert the fol- ficially manipulated by reducing refinery ca- Committee on Small Business & Entre- lowing: pacity, by speculation in oil market, or by preneurship will hold a public hearing SEC. 7lll. None of the funds made avail- any other form of manipulation. entitled, ‘‘The Impact of Hurricane able by this or any other Act may be used to (b) Not later than 14 days after the initi- close or relocate a county or local Farm ation of the inquiry required under sub- Katrina on Small Businesses’’ on Service Agency office unless or until the section (a), the Federal Trade Commission Thursday, September 22, 2005, at 10 Secretary of Agriculture has determined the shall report to Congress the results of the in- a.m., in room 428A of the Russell Sen- cost effectiveness and enhancement of pro- quiry. ate Office Building. gram delivery of the closure or relocation, (c) Not later than 14 days after issuing the and report to the House and Senate Commit- report required under subsection (b), the f tees on Agriculture and Appropriations. Federal Trade Commission shall hold a pub- lic hearing for the purpose of presenting the SA 1764. Mr. CRAIG (for himself and results of the inquiry. AUTHORITY FOR COMMITTEES TO Mrs. FEINSTEIN) submitted an amend- (d)(1) If the Federal Trade Commission de- MEET termines that the increase in natural gas ment intended to be proposed by him COMMITTEE ON AGRICULTURE, NUTRITION, AND and gasoline prices, including the price of to the bill H.R. 2744, making appropria- FORESTRY gasoline containing ethanol, is a result of tions for Agriculture, Rural Develop- market manipulation, the Federal Trade Mr. BENNETT. Mr. President, I ask ment, Food and Drug Administration, Commission shall, in cooperation with the unanimous consent that the Com- and Related Agencies for the fiscal attorney general of any affected State, take mittee on Agriculture, Nutrition and year ending September 30, 2006, and for appropriate action. Forestry be authorized to conduct a other purposes; which was ordered to (2) If the Federal Trade Commission deter- business meeting during the session of lie on the table; as follows: mines that the increase in natural gas and the Senate on Tuesday, September 20, gasoline prices, including the price of gaso- On page 85, line 15, strike ‘‘$128,072,000’’ and line containing ethanol, is not the result of 2005 at 10 a.m. in SR–328A, Russell Sen- insert ‘‘$116,072,000’’. market manipulation, the Federal Trade ate Office Building. The purpose of this On page 173, after line 24, insert the fol- meeting will be to markup S. 1582, a lowing: Commission shall notify the Secretary of SEC. 7lll. In addition to other amounts Energy. The Secretary shall, not later than bill to reauthorize the U.S. Grain made available by this Act, $12,000,000 shall 14 days after receiving such notification, de- Standards Act. be made available to the Secretary of Agri- cide if expanded use of the Strategic Petro- The PRESIDING OFFICER. Without culture for the provision of specialty crop leum Reserve should be implemented to as- objection, it is so ordered. sure adequate supplies of gasoline. block grants under section 101 of the Spe- COMMITTEE ON BANKING, HOUSING, AND URBAN cialty Crops Competitiveness Act of 2004 (e) This section shall cease to apply on— (1) the date the Federal Trade Commission AFFAIRS (Public Law 108–465; 7 U.S.C. 1621 note), of Mr. BENNETT. Mr. President, I ask which not more than 5 percent shall be avail- makes its determination described in sub- able for administrative expenses. section (d); or unanimous consent that the Com- (2) if applicable, the date of the decision of mittee on Banking, Housing, and SA 1765. Mr. KOHL (for Mr. HARKIN) the Secretary of Energy under paragraph (2) Urban Affairs be authorized to meet proposed an amendment to the bill of such subsection. during the session of the Senate on H.R. 2744, making appropriations for SA 1768. Mr. SPECTER (for himself September 20, 2005, at 10 a.m., to con- Agriculture, Rural Development, Food and Mr. LEAHY) submitted an amend- duct a hearing on the nomination of and Drug Administration, and Related ment intended to be proposed by him Mr. Emil Henry Jr., of New York, to be Agencies for the fiscal year ending Sep- to the bill H.R. 2744, making appropria- Assistant Secretary for Financial In- tember 30, 2006, and for other purposes; tions for Agriculture, Rural Develop- stitutions, Department of the Treas- as follows: ment, Food and Drug Administration, ury; Ms. Scottie Theresa Neese, of On page 173, after line 24, insert the fol- and Related Agencies for the fiscal Oklahoma, to be Director of the United lowing: year ending September 30, 2006, and for States Mint; and Mr. Patrick O’Brien, SEC. 7lll. 90 days before initiating any of Minnesota, to be Assistant Sec- structural change in a mission area of the other purposes; which was ordered to Department, the Secretary of Agriculture lie on the table; as follows: retary for Terrorist Financing, Depart- shall provide notice of the change to the On page 173, after line 24, insert the fol- ment of the Treasury. Committees on Appropriations of the Senate lowing: The PRESIDING OFFICER. Without and the House of Representatives. SEC. 7lll. Section 1502 of the Farm Secu- objection, it is so ordered. rity and Rural Investment Act of 2002 (7 COMMITTEE ON ENERGY AND NATURAL SA 1766. Mr. KOHL (for Mr. PRYOR) U.S.C. 7982) is amended in subsections (f) and RESOURCES proposed an amendment to the bill (g)(1) by striking ‘‘2005’’ each place it appears Mr. BENNETT. Mr. President, I ask H.R. 2744, making appropriations for and inserting ‘‘2007’’. unanimous consent that the Com- Agriculture, Rural Development, Food SA 1769. Mr. DAYTON submitted an mittee on Energy and Natural Re- and Drug Administration, and Related amendment intended to be proposed by sources be authorized to meet during Agencies for the fiscal year ending Sep- him to the bill H.R. 2744, making ap- the session of the Senate on Tuesday, tember 30, 2006, and for other purposes; propriations for Agriculture, Rural De- September 20 at 10 a.m. The purpose of as follows: velopment, Food and Drug Administra- this hearing is to receive testimony re- On page 154, line 10, insert ‘‘, Cleburne tion, and Related Agencies for the fis- garding the current state of climate County, Arkansas,’’ after ‘‘Montana’’. cal year ending September 30, 2006, and change scientific research and the eco- SA 1767. Mr. NELSON of Nebraska for other purposes; which was ordered nomics of strategies to manage climate submitted an amendment intended to to lie on the table; as follows: change. Issues to be discussed include: be proposed by him to the bill H.R. On page 173, after line 24, insert the fol- the relationship between energy con- 2744, making appropriations for Agri- lowing: sumption and climate change, and the culture, Rural Development, Food and SEC. 7lll. Notwithstanding any other potential effects on the U.S. economy provision of law (including regulations), Drug Administration, and Related of climate change and strategies to none of the funds made available by this Act control greenhouse gas emissions. Agencies for the fiscal year ending Sep- may be used to carry out section tember 30, 2006, and for other purposes; 508A(c)(1)(B)(i) of the Federal Crop Insurance The PRESIDING OFFICER. Without which was ordered to lie on the table; Act (7 U.S.C. 1508A(c)) in a manner that ap- objection, it is so ordered. as follows: plies the term ‘‘crop year’’ in a manner that COMMITTEE ON FOREIGN RELATIONS On page 173, after line 24, insert the fol- fails to take into account the varying cli- Mr. BENNETT. Mr. President, I ask lowing: mates of different regions of the United unanimous consent that the Com- SEC. 7lll.(a) Not later than 14 days after States. mittee on Foreign Relations’ Sub- the date of the enactment of this Act, the f committee on Western Hemisphere, Federal Trade Commission shall initiate an NOTICES OF HEARINGS/MEETINGS Peace Corps, and Narcotics Affairs be inquiry into the retail prices of natural gas and gasoline to determine if the prices of COMMITTEE ON SMALL BUSINESS AND authorized to meet during the session natural gas and gasoline (both before and ENTREPRENEURSHIP of the Senate on Tuesday, September after Hurricane Katrina), including the price Ms. SNOWE. Mr. President, the Chair 20, 2005, at 2:30 p.m. to hold a hearing of gasoline containing ethanol, is being arti- wishes to inform Members that the on China’s Role in Latin America.

VerDate Aug 31 2005 04:00 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.065 S20SEPT1 S10246 CONGRESSIONAL RECORD — SENATE September 20, 2005 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without minutes, with the first 30 minutes objection, it is so ordered. objection, it is so ordered. under the control of the majority lead- COMMITTEE ON THE JUDICIARY f er or his designee and the final 30 min- Mr. BENNETT. Mr. President, I ask utes under the control of the Demo- MEASURE PLACED ON THE cratic leader or his designee; provided unanimous consent that the Com- CALENDAR—S. 1718 mittee on the Judiciary be authorized that following morning business, the Mr. BENNETT. Mr. President, I un- to meet to meet to conduct a hearing Senate resume consideration of H.R. derstand there is a bill at the desk that on ‘‘The Kelo Decision: Investigating 2744, the Agriculture appropriations is due for a second reading. Takings of Homes and other Private bill. The PRESIDING OFFICER. The Property’’ on Tuesday, September 20, The PRESIDING OFFICER. Without clerk will read the title of the bill for 2005 at 10 a.m. in the Dirksen Senate objection, it is so ordered. the second time. Office Building Room 226. The ten- The assistant legislative clerk read f tative witness list is attached. as follows: Panel I: The Honorable John Cornyn, PROGRAM United States Senator [R-TX]. A bill (S. 1718) to provide special rules for Mr. BENNETT. Mr. President, tomor- disaster relief employment under the Work- Panel II: Ms. Susette Kelo, New Lon- force Investment Act of 1998 for individuals row, the Senate will return to the con- don, CT; Fred Jenkins, Pastor, St. displaced by Hurricane Katrina. sideration of the Agriculture appro- priations bill. Under a previous order, Luke’s Pentecostal Church, North Mr. BENNETT. Mr. President, in there is a filing deadline of 4 p.m. for Hempstead, NY; The Honorable Eddie order to place the bill on the calendar first-degree amendments. I urge Sen- A. Perez, Mayor, Representing the Na- under the provisions of rule XIV, I ob- ators to come forward early with their tional League of Cities, Hartford, CT; ject to further proceeding. amendments so we can finish the bill Hilary O. Shelton, Director, NAACP The PRESIDING OFFICER. Objec- tomorrow night. Rollcall votes will Washington Bureau, Washington, DC; tion having been heard, the bill will be occur throughout the day tomorrow, Thomas Merrill, Charles Keller placed on the calendar. Beekman Professor of Law, Columbia and I announce on behalf of the major- University, New York City, NY; Steven f ity leader that a late night may be nec- J. Eagle, Professor of Law, George ORDERS FOR WEDNESDAY, essary in order to finish the bill. Mason University, Arlington, VA. SEPTEMBER 21, 2005 f The PRESIDING OFFICER. Without Mr. BENNETT. Mr. President, I ask objection, it is so ordered. unanimous consent that when the Sen- ADJOURNMENT UNTIL 9:30 A.M. SUBCOMMITTEE ON DISASTER PREVENTION AND ate completes its business today, it ad- TOMORROW PREDICTION journ until 9:30 a.m. on Wednesday, Mr. BENNETT. Mr. President, if Mr. BENNETT. Mr. President, I ask September 21. I further ask consent there is no further business to come be- unanimous consent that the Sub- that following the prayer and pledge, fore the Senate, I ask unanimous con- committee on Disaster Prevention and the morning hour be deemed expired, sent that the Senate stand in adjourn- Prediction be authorized to meet on the Journal of proceedings be approved ment under the previous order. Tuesday, September 20, 2005, at 3 p.m., to date, the time for the two leaders be There being no objection, the Senate, on Review of the Prediction of Hurri- reserved, and the Senate proceed to a at 6:36 p.m., adjourned until Wednes- cane Katrina. period of morning business for up to 60 day, September 21, 2005, at 9:30 a.m.

VerDate Aug 31 2005 02:37 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.069 S20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1891 EXTENSIONS OF REMARKS

A PROCLAMATION HONORING National Women’s History Week leading to the sula physicians met in the front parlor of the BETHLEHEM APOSTOLIC TEMPLE designation of March as National Women’s Union Hotel in the City of San Mateo, Cali- History Month in 1987. This designation raised fornia., on December 22, 1904, to discuss the HON. ROBERT W. NEY the group’s national profile; however, Mary’s creation of a local society. The doctors recon- OF OHIO work with them involved much more. vened on January 16th of the next year and In the days when the Internet was not avail- elected the distinguished Dr. Harry Garritson IN THE HOUSE OF REPRESENTATIVES able for widespread communication, Mary es- Plymire of South San Francisco as their tem- Tuesday, September 20, 2005 tablished a nation-wide network and news- porary President. The first official meeting of Mr. NEY. Mr. Speaker: letter and was instrumental in providing re- the San Mateo County Medical Society was Whereas, Bethlehem Apostolic Temple is source materials and lists to schools. She co- called to order on September 12, 1905, and celebrating their 73rd Church Anniversary; and produced a video series, Women in American 16 physicians were listed as charter members. Whereas, Dr. D.W. Cummings, Senior Pas- Life, as well as the first video documenting the The constitution of the new organization stated tor, is celebrating his 25th Anniversary with role of Latino women, Adelante, Mujeres. Pub- that its purpose was to ‘‘promote the science. Bethlehem Apostolic Temple; and lishers all over the country sent thousands of and art of medicine while conserving and ad- Whereas, Bethlehem Apostolic Temple and books as Mary coordinated book reviews on vancing public health.’’ Dr. D.W. Cummings have served and wor- the subject of women in history. She later in- The Society incorporated as the San Mateo shipped with their community with devotion dexed all the selections and donated them to County Medical Association in 1992 and it and care; and Sonoma State University. In fact, she still continues its constitutional mission of pro- Whereas, I wish Bethlehem Apostolic Tem- reads women’s biographies for fun. moting the art and science of medicine and ple and Dr. D.W. Cummings the best of luck Mary’s can-do attitude, high energy, organi- advancing public health. It publishes a pictorial in all of their future endeavors. zation, and up-beat optimism are hallmarks of directory of physicians as well as 10 editions Therefore, I join with the residents of the en- all aspects of her life. Several years ago she of a bulletin each year. Various Association tire 18th Congressional District of Ohio in con- and her husband were leaders in organizing committees examine medical issues to inter- gratulating Bethlehem Apostolic Temple and an ‘‘intentional community,’’ a co-housing pret current practices and foster new profes- Dr. D.W. Cummings as they celebrate these project in Sebastopol, CA, where people of dif- sional insights. Together with the California momentous occasions. ferent ages and backgrounds could share in Medical Association, the San Mateo County f and enrich each other’s lives. They have re- Medical Association shares the primary goals cently returned from visiting their daughter, of organized medicine for the State of Cali- HONORING MARY RUTHSDOTTER son-in-law, and grandson in Australia. fornia: To educate and serve physicians, pro- FOR INFLUENCING THE IMPOR- Recently, Mary worked as a field represent- mote quality health care for the people of the TANCE OF WOMEN’S HISTORY ative for State Assemblymember Patricia State and create a strong voice on health care Wiggins who described how creatively ‘‘Mary issues. HON. LYNN C. WOOLSEY never gave up when she was providing serv- Mr. Speaker, I ask my colleagues to join me OF CALIFORNIA ice and refused to let the bureaucracy inter- in honoring the San Mateo County Medical IN THE HOUSE OF REPRESENTATIVES fere in her progress.’’ When a local hospital Association and all of its members, both past encountered long delays from the State in se- and present, for their extraordinary service to Tuesday, September 20, 2005 curing certification for a newly hired physician, our community and out country. Ms. WOOLSEY. Mr. Speaker, I rise today to Mary got busy on the phone. When she asked f honor my friend, Mary Ruthsdotter, of where his application was in the stack, her ON THE 150TH ANNIVERSARY OF Sebastopol, California. Mary will be 61 years contact replied, ‘‘On the bottom.’’ So, Mary THE FOUNDING OF FIRST CHRIS- old on October 14, an appropriate occasion to said, ‘‘Well, why don’t you just put it on the TIAN CHURCH reflect on her profound influence on the rec- top?’’ The worker did, and the hospital re- ognition of the historical importance of women ceived certification immediately. She was the in this country. heroine in many, many similar situations. HON. KAY GRANGER OF TEXAS In 1980, with Molly Murphy MacGregor, Mr. Speaker, as Mary wrote in her article IN THE HOUSE OF REPRESENTATIVES Maria Cuevas, Paula Hammett and Bette Mor- Women and Equal Rights, ‘‘Today, America is gan, Mary founded the National Women’s His- living the legacy of the great progress women Tuesday, September 20, 2005 tory Project (NWHP) in Santa Rosa, California. have made, while their earnest quest for full Ms. GRANGER. Mr. Speaker, I rise today to It was both the fulfillment of a dream to orga- and true equality continues.’’ Mary Ruthsdotter recognize an outstanding church in my district, nize a national clearinghouse and curriculum exemplifies the passion and spirit behind this First Christian Church, located in the great city development center and the beginning of a quest. She is a role model for young women of Fort Worth, Texas. On Sunday, October 2, sustained effort to celebrate the diverse and and an inspiration for all of us. Thank you, 2005, First Christian Church celebrates the historic accomplishments of women. Mary, for all you are and what you mean to so 150th anniversary of its organization which Mary’s passion for women’s issues began many. began in 1855 in the home of Dr. and Carroll shortly after she moved to Sonoma County f Peak. from southern California with her husband The First Christian Church holds the distinc- David Crawford and her daughter Alice. Al- TRIBUTE TO THE SAN MATEO tion of being Fort Worth’s oldest continuously though not previously involved in the bur- COUNTY MEDICAL ASSOCIATION operating church, forming just 6 years after geoning women’s movement, she became in- Major Ripley Arnold brought a unit of the U.S. terested after receiving a letter from the HON. ANNA G. ESHOO Army to a cliff overlooking the Trinity River to Sonoma County Commission on the Status of OF CALIFORNIA establish a military outpost in 1849 that he Woman and volunteered to work for the group IN THE HOUSE OF REPRESENTATIVES named in honor of his commanding general. (she later became Chair). She soon realized Today, First Christian Church continues as a Tuesday, September 20, 2005 the Commission could not provide all the vibrant, engaged church located in the heart of needed services for women and was instru- Ms. ESHOO. Mr. Speaker, I rise today to downtown Fort Worth, one of the great down- mental in organizing the nonprofit Women’s honor the San Mateo County Medical Associa- towns in America. Appropriately, the church’s Support Network to fill these gaps and operate tion as it celebrates a century of service to the theme for its 150th anniversary celebration is as an umbrella agency for other groups. people of San Mateo County, California. ‘‘From the Frontier to the Future,’’ The NWHP, with the assistance of other In response to an invitation from the Cali- The First Christian Church and its members supporters, spearheaded the movement for fornia Medical Association, a handful of Penin- have served the Fort Worth community well

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

VerDate Aug 31 2005 04:43 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.001 E20SEPT1 E1892 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2005 over the last 150 years. In 1865, Rev. J.A. TRIBUTE TO CLIFFORD D. LINK retary of the Navy’s Situational Awareness Clark founded Add-Ran Male and Female Col- and Intelligence Working Group and as a lege in the First Christian Church, but moved HON. RANDY ‘‘DUKE’’ CUNNINGHAM member of the Department of Defense Coun- the institution for a time to a more sedate lo- OF CALIFORNIA terintelligence Working Group. He continued cation south of Fort Worth known as Thorp IN THE HOUSE OF REPRESENTATIVES as a member of these task forces after the 9/11 attacks. Springs. Add-Ran College today is one of Fort Tuesday, September 20, 2005 Transitioning to his NCISHQ assignment, Worth’s most prestigious universities, Texas Mr. CUNNINGHAM. Mr. Speaker, I rise Christian University (TCU). TCU has been in Assistant Director Link was a co-leader in the today to honor Naval Criminal Investigative NCIS Zero Based Review, was a member of Fort Worth since 1911. In 1878, First Christian Service (NCIS) Special Agent Clifford D. Link, built a ‘‘rock church’’ on a site at 612 the NCIS Strategic Management Council, led Assistant Director for Financial Management, the development of the new NCIS Manage- Throckmorton Street. The property was pur- who will retire after 30 years of federal service ment and Administration Office, participated in chased for $1,500. First Christian Church con- on October 1, 2005. the NCIS Modernization effort and, for the Assistant Director Link started his federal tinues at that site today in a sanctuary that past year, has led the Financial Management career in June 1975 as a GS–2 clerk with the was erected in 1914 to replace the rock Directorate. Mr. Speaker, Assistant Director Federal Bureau of Investigation (FBI) in New church. The Renaissance Revival style Link has served this nation honorably for 30 York. Working full-time during the day and at- church, designed by architects E.W. Van years and deserves the recognition of this tending classes at night, Assistant Director Slyke and Clyde Woodruff, was designated an body, his community and the United States of Link graduated from the distinguished John official Texas Historical Landmark in 1970 and America. Jay College of Criminal Justice in New York. was placed on the National Register of Histor- Subsequently, he was promoted in grade and f ical Sites in 1983. joined the FBI Special Support Group (SSG) First Christian Church has been blessed. conducting counterintelligence surveillances. WELCOMING PRESIDENT CHEN OF In 1978, Assistant Director Link was intro- One of First Christian’s early members and THE REPUBLIC OF CHINA duced to the (then) Naval Investigative Service president of its board for 53 years, K. M. Van (NIS) during a joint NIS/FBI proactive counter- Zandt also was instrumental in transforming intelligence operation ‘‘Operation Lemonade’’. HON. PHIL GINGREY Fort Worth from a small, former military out- As a member of the FBI SSG, then Investiga- OF GEORGIA post into one of the major cities of Texas and tive Assistant Link was providing surveillance the United States. Van Zandt, while serving support to the joint operation. Through that re- IN THE HOUSE OF REPRESENTATIVES his church, helped other Christian churches lationship, Assistant Director Link was con- Tuesday, September 20, 2005 form in Fort Worth and provided leadership for vinced that NIS was a growing, dynamic and construction of the present sanctuary. At the progressive worldwide organization and that a Mr. GINGREY. Mr. Speaker, on behalf of same time, he formed with other Fort Worth NIS career would be challenging and reward- my constituents in the state of Georgia, it is a business leaders a construction company that ing. privilege to welcome President Chen of the brought the railroad to the city, co-created and In October 1979, Assistant Director Link Republic of China to the United States. As you was offered a NIS Special Agent position with led a bank that was the town’s leading finan- know, the United States has a rich history of his initial assignment to NIS Resident Agency cial institution for almost a century and co- personal liberty, democracy, and republican (NISRA) Washington, DC. Since then, Assist- government. It has been over 26 years since founded the community’s first newspaper, as ant Director Link has served as a Special Congress passed the Taiwan Relations Act well as making time to serve on the local Agent at NIS Resident Unit (NISRU) Be- recognizing our nation’s friendship. It is my school board and in the Texas Legislature. thesda, MD; NISRA Yokohama, Japan; and hope that all of China will one day live in a In 1912, Dr. L.D. Anderson became pastor. NISRA New York. Assistant Director Link also peaceful Democratic society, enjoying free en- During Dr. Anderson’s 49-year ministry, First served in assignments as the Assistant Spe- terprise and personal freedom. Christian Church thrived with membership cial Agent in Charge (ASAC) NISRA Point Our shared goals of democracy, increasing reaching 3,000. First Christian’s historic Loma, CA; ASAC NCIS Fraud Unit, San standards of living, peaceful association, and church was restored and updated in the Diego, CA; SAC NCIS Fraud Unit, San Fran- economic development are vital to the growth cisco, CA; ASAC (FCI) NCIS San Diego Field course of a seven-year renovation project that and security of our nations. The Republic of Office; RAC NCISRA Camp Pendleton, CA was completed in 1993. China is a strong example of the achievement and DSAC San Diego Field Office. Assistant of these goals. Mr. Speaker, Taiwan enjoys a Not only has First Christian Church with- Director Link’s NCIS Headquarters assign- democratic government that fully upholds stood the test of time as a Fort Worth institu- ments included Program Manager for Defense human rights, where its citizens enjoy the free- tion, it also has endured Mother Nature. First Counterintelligence Integrated Information dom to assemble and practice their religion of Christian is in the heart of the Downtown Fort Systems, Executive Assistant to the Director choice. These attributes allow the Republic of Worth area that was struck by a devastating for Planning and Strategy, Executive Assistant China to benefit from the world’s 14th largest tornado in 2000. While neighboring buildings to the Director for Modernization, Executive economy and one of the world’s highest suffered extensive destruction, First Christian Assistant to the Director for Transformation, standards of living. escaped with damage only to the rear of its and his current position as Assistant Director for Financial Management. I personally cherish the close relationship sanctuary and the church dome. The dome During the 26 years of his NCIS career, As- between the Republic of China and the United had been restored only a few years earlier. sistant Director Link has engaged in practically States. Thousands of Taiwanese students Through hard work and dedication, the sanc- every aspect of NCIS operations, including study at U.S. colleges and universities while tuary and dome were again restored by 2001, criminal investigations, special and undercover Taiwanese tourists choose the United States while the church continued to service its mem- operations, counterintelligence investigations as their number one overseas destination out- bers and to give strength to the community in and operations, fraud, counterterrorism, side of Asia. Moreover, Taiwanese consumers trying times. antiterrorism, force protection, hostage nego- make the Republic of China one of our na- tion’s closest trade allies. Mr. Speaker, it is my honor to recognize tiations and overseas deployments. He also First Christian Church as a church that began participated in and led protective service oper- I would like to thank President Chen for the support and friendship of the Republic of in the early days of Fort Worth and that, like ations that put him in the presence of Presi- dents, Vice Presidents, Cabinet Secretaries, China. I believe he deserves a great deal of the city which it calls home, has grown and Members of Congress, Ambassadors, Foreign credit and thanks for his leadership in suc- evolved into a great institution. It is my honor Dignitaries, Flag and General Officers, and cessfully maintaining the peace and stability in to praise the past and the present leadership various other federal, state and local leaders. the Taiwan Strait. Mr. Speaker, I ask that you of this outstanding and companionate institu- Assistant Director Link had the opportunity to will join me in once again welcoming President tion for serving their members well and for travel all over the globe, to include Europe, Chen to the United States as our nation looks their role in making Fort Worth a truly great the Far East, Middle East and Iraq. forward to working with his administration to place in which not only to live, but also to After the bombing of the USS Cole, Assist- promote peace, explore new economic fron- work. ant Director Link served as leader of the Sec- tiers, and expand our friendship.

VerDate Aug 31 2005 04:43 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A20SE8.005 E20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1893 KATRINA EMERGENCY TAX A PROCLAMATION HONORING Upon receiving his doctorate, Dr. Jordan RELIEF ACT OF 2005 MARY EDITH STONEBURNER ON joined the faculty of Gallaudet’s Department of HER 100TH BIRTHDAY Psychology. Before his appointment as Presi- SPEECH OF dent, Dr. Jordan served as chair of Gallaudet’s HON. ROBERT W. NEY Psychology Department and as Dean of the HON. WILLIAM M. THOMAS College of Arts and Sciences. He has been a OF CALIFORNIA OF OHIO IN THE HOUSE OF REPRESENTATIVES research fellow at Donaldson’s School for the IN THE HOUSE OF REPRESENTATIVES Deaf in Edinburgh Scotland and an exchange Thursday, September 15, 2005 Tuesday, September 20, 2005 scholar at Jagiellonian University in Krakow, Mr. NEY. Mr. Speaker: Poland. Mr. THOMAS. Madam Speaker, I submit the Whereas, Mary Edith Stoneburner was born Dr. Jordan holds eleven honorary degrees following correspondence for the RECORD. and is the recipient of numerous awards, HOUSE OF REPRESENTATIVES, on September 29th, 1905; and COMMITTEE ON WAYS AND MEANS, Whereas, Mary Edith Stoneburner is cele- among them: The Presidential Citizen’s Medal, Washington, DC, September 15, 2005. brating her 100th birthday today; and presented by Bill Clinton in 2001; the Wash- Hon. JIM NUSSLE, Whereas, Mary Edith Stoneburner, is a ingtonian of the Year Award; the James L. Chairman, Committee on the Budget, Cannon long-time active participant in the social and Fisher Award from the Council for Advance- House Office Building, Washington, DC. civic life of her community; and ment and Support of Education (CASE); the DEAR CHAIRMAN NUSSLE: I am writing con- Whereas, Mary Edith Stoneburner has ex- Larry Stewart Award from the American Psy- cerning H.R. 3768, the ‘‘Katrina Emergency emplified a love for her family and friends and chological Association and the Distinguished Tax Relief Act of 2005,’’ which is scheduled must be commended for her life-long dedica- Leadership Award from the National Associa- for floor consideration today. Section 2 of the bill designates that any provision affect- tion to helping others. tion for Community Leadership. President ing receipts, budget authority, or outlays in Therefore, I join with the residents of the en- George H.W. Bush appointed Dr. Jordan Vice the bill will be for emergency purposes pur- tire 18th Congressional District of Ohio in Chair of the President’s Committee on Em- suant to H. Con. Res. 95, the budget resolu- wishing Mary Edith Stoneburner a very happy ployment of People with Disabilities (PCEPD) tion for fiscal year 2006. Thus, the Com- 100th birthday. in 1990, and President Clinton reappointed Dr. mittee on Ways and Means shares jurisdic- f Jordan to that role in 1993. In the summer of tion with the Committee on the Budget on 2005, Dr. Jordan was presented the George this provision. TRIBUTE TO DR. I. KING JORDAN Bush Medal for the Empowerment of People I recognize the Committee on the Budget’s jurisdictional interest in Section 2 of the with Disabilities from President George H.W. bill, but ask that you allow H.R. 3768 to go HON. LYNN C. WOOLSEY Bush. forward. I agree that by allowing the bill to OF CALIFORNIA Mr. Speaker, I wish Dr. Jordan much happi- be considered, the Committee on the Budget IN THE HOUSE OF REPRESENTATIVES ness in his retirement as he looks forward to does not relinquish any jurisdiction over Tuesday, September 20, 2005 traveling with his wife Lynda and spending H.R. 3768 or similar legislation. I would also more time with his family. His compassion and support your request to be represented on a Ms. WOOLSEY. Mr. Speaker, I rise to honor service will be greatly missed. I am proud to conference on H.R. 3768, if one should become Dr. I. King Jordan upon his retirement as have had a chance to work with him these necessary. President of Gallaudet University on Decem- past years. Finally, I will include my letter and your ber 31, 2005. Dr. Jordan is an accomplished, f response in the Congressional Record during respected leader and someone I consider a floor consideration of the measure. TRIBUTE TO EDWARD LEO COYLE Best regards, personal friend. BILL THOMAS, Dr. Jordan became the Nation’s first deaf Chairman. university President when appointed in 1988 HON. ANNA G. ESHOO and the first deaf President to preside over OF CALIFORNIA HOUSE OF REPRESENTATIVES, Gallaudet University. During his tenure there IN THE HOUSE OF REPRESENTATIVES COMMITTEE ON THE BUDGET, he has proven to be an able, caring leader Washington, DC, September 15, 2005. propelling the University forward as well as Tuesday, September 20, 2005 Hon. BILL THOMAS, becoming a strong advocate for deaf students Ms. ESHOO. Mr. Speaker, I rise today to Chairman, Committee on Ways and Means, on the federal level. honor Edward Leo Coyle as he celebrates the Longworth House Office Building, Washington, DC. Among his accomplishments, he led the centennial of his life on September 27, 2005. DEAR CHAIRMAN THOMAS: In recognition of University’s first ever capital campaign, raising Edward Leo Coyle, known to his friends as the desire to expedite floor consideration of nearly $40 million, which supported the con- Ed, was born on September 27, 1905, on H.R. 3768, the Katrina Emergency Tax Relief struction of the state-of-the-art Student Aca- Mount Pleasant Avenue in Columbus, Ohio. Act of 2005, the Committee on the Budget demic Center and contributed to the extraor- He was the youngest of five children born to agrees to waive its right to consider this leg- dinary increase in the University’s endowment, William and Anne Bradley Coyle. islation. H.R. 3768, as introduced on Sep- which paved the way for an increase in schol- Ed Coyle attended Catholic schools and tember 14, 2005, contains subject matter that arships and more academic programs. He after graduating from high school he attended falls within the legislative jurisdiction of the also established a fellows program to provide Committee on the Budget pursuant to rule X Ohio State University. After graduation from of the Rules of the House of Representatives. support for deaf college graduates to complete Ohio State, he followed in his older brother’s Section 2 of the bill, relating to the designa- their terminal degrees and become faculty footsteps, attending the University of Cin- tion of provisions of the bill as emergency members. cinnati Law School. He passed the Bar in requirements pursuant to section 402 of H. Dr. Jordan was not only a strong advocate 1930 and entered the legal profession at the Con. Res. 95, is of jurisdictional and sub- for the Gallaudet community, but for individ- start of the Great Depression. He joined his stantive interest to this Committee. uals with disabilities across this Nation. An- brother William in the practice of law, and The Committee on the Budget appreciates other proud accomplishment of Dr. Jordan’s is served as Special Counsel to the Ohio Attor- the Ways and Means Committee’s recogni- the work he did to assist with the passage of ney General. tion of our jurisdictional interest in section 2. The Budget Committee also appreciates the American’s with Disabilities Act (ADA) in Ed Coyle married Winifred S. ‘‘Teddy’’ John- your offer to support any request we might 1990. He was a lead witness in support of the son in 1936. The couple had two children, a make to be represented on the conference for ADA during a joint session of Congress and son Ed and their daughter Nancy, now Mrs. H.R. 3768. Finally, the Committee on the delivered significant testimony in Congress Joseph Huber, a resident of the 14th Congres- Budget recognizes that the Committee on and across the country during the delibera- sional District. He now has four grandsons, Ways and Means retains sole jurisdiction tions of this bill. Michael and Jim Coyle and David and Mat- over all provisions of H.R. 3768 other than Before coming to Gallaudet Dr. Jordan’s life thew Huber, as well as three great grandsons, section 2. was filled with many other accomplishments. A Jacob, Justin and Ryan Coyle. I will include our letters in the Congres- sional Record during floor consideration of native of Glen Riddle, Pennsylvania, a small Ed Coyle was employed as a lawyer for the the measure. town near Philadelphia, Dr. Jordan earned a Curtiss-Wright Company during the war, and Sincerely, B.A. in psychology from Gallaudet University then practiced law in his own office until 1950 JIM NUSSLE, and M.A. and Ph.D. degrees in Psychology when he and his family moved to southern Chairman. from the University of Tennessee. California. He joined Bank of America and

VerDate Aug 31 2005 04:43 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.008 E20SEPT1 E1894 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2005 served as a Trust Officer in charge of the provided water to the Denver metropolitan CONGRATULATING STEVE Glendale District Trust Department until his re- area for the past century. MCCULLOUGH tirement in 1970. The dam was constructed with the goal of In 1976, Ed and Teddy moved to Palo Alto providing the natural resources necessary to HON. PETE SESSIONS where Ed became a member of the Senior Denver area expansion. The dam has pro- OF TEXAS Group at the Palo Alto Golf Course, playing vided effective water management that has IN THE HOUSE OF REPRESENTATIVES until he was 90. He gave generously of his brought both environmental stability and eco- Tuesday, September 20, 2005 time and talents as a volunteer at the Senior nomic growth to Denver. Center, counseling others on financial issues. Mr. SESSIONS. Mr. Speaker, I rise today to Today although he suffers from neuropathy, Chief Engineer C.P. Allen executed the con- offer congratulations to my good friend Steve he keeps up with his grandsons and walks struction of Cheesman Dam with speed, preci- McCullough upon his retirement from employ- each day at the Stanford University Track. sion, and creativity. The dam contains three ment as the city manager for the city of Irving, Mr. Speaker, I ask my colleagues to join me million cubic feet of masonry, 21,000 tons of Texas. He has dedicated himself to the better- in honoring Edward Coyle on his 100th birth- concrete and weighs an impressive 300,000 ment of his community and neighbors and his day and recognizing his countless contribu- tons. The world’s largest dam at the time of its tireless commitment and service should be tions to our community and our country. completion, Cheesman was hailed by many as commended. f an engineering marvel. Though it didn’t remain Steve began his 30-year career with the the largest dam in the world, it has continued City of Irving in June 1975 when he was em- IN RECOGNITION OF THE 62ND AN- to garner engineering acclaim. In 1975 it was ployed as an administrative assistant in the Fi- NIVERSARY OF THE USS proclaimed a National Historic Civil Engineer- nance Department. He joined the City Man- ‘‘ELOKOMIN’’ (AO) ing Landmark by the American Society of Civil ager’s Office in 1978 and was named deputy Engineers. city manager in 1986. He has held the position HON. STEPHEN F. LYNCH Cheesman’s engineering prowess and his- of city manager in Irving since December OF MASSACHUSETTS torical significance are not its only qualities 1993. Additionally, Steve was appointed by IN THE HOUSE OF REPRESENTATIVES worthy of praise. The dam is, in many ways, the governor of Texas to the Texas Municipal Retirement System Board of Trustees in 1990 Tuesday, September 20, 2005 a unique reflection of the Colorado spirit. Built to emulate the surrounding natural area, and served as chairman in 1992 and 1995. Mr. LYNCH. Mr. Speaker, I rise today in Cheesman’s granite construction attempts to During his tenure as city manager, Steve recognition of the plaque dedication for the assimilate modem engineering advancement served under five mayors and 26 council USS Elokomin, AO, an auxiliary oiler of the with the beauty of Colorado’s open space. Its members. He was essential in developing and United States Navy whose keel was laid on spillway follows the same pattern as it was in- implementing many key initiatives including March 9, 1943 and—served our Nation with tentionally developed in the formation of a nat- the Texas Transportation Summit and TEX– honor until its decommission in March of 1970. ural cliff rather then a typical dam. 21, the Transportation Excellence for the 21st I am here to honor the men who served on Century and a new Comprehensive Plan for the Elokomin and to celebrate the 62nd anni- The American Society of Civil Engineers ex- the City of Irving. Under his direction, the Lake versary of this extraordinary vessel. plains that the, ‘‘Cheesman Dam is . . . of Chapman Water Supply project, the Family The USS Elokomin served with distinction such historical significance and contemporary Advocacy Center, the North Police Substation, and received numerous Naval commendations importance that is should never be forgotten, the Heritage Senior Center, Campion Trails for her service. During World War II, the but placed side-by-side with other national and and the Valley View Municipal Complex were Elokomin was more heavily armed than a de- historical landmarks of the engineering profes- constructed. In addition, Steve was instru- stroyer-escort, having one 5-inch 38 caliber sion.’’ mental in the planning of a DART light rail line dual-purpose gun, four 3-inch 50 caliber dual- Its 100th anniversary is an accomplishment through Las Colinas to DFW International Air- purpose guns, four 40-millimeter twin-mount for the hundreds of workers that laid the stone port and achieving and maintaining the city’s guns and eight 20-millimeter guns. in its construction and its talented engineers. AAA bond ratings. However, the story of the Elokomin is really Special recognition is also owed Denver Water I want to thank Steve McCullough for all that the story of the men who served aboard her. and all of its employees—past and present— he has done to make Irving a better place to The USS Elokomin, AO–50 Crewmembers As- who have maintained this critical feature of live, work and raise a family. He leaves behind sociation was established in the 1980s and it Denver’s water supply system. Through the ef- a vision of pride, progress and continued suc- is my understanding that since its first reunion forts of Denver Water and the foresight of cess for the City of Irving, and I wish him all in 1986, the Association has met regularly to those who built this facility 100 years ago, the best upon his retirement. keep the memory of this ship and her crew Denver has been able to thrive and prosper. f alive. These men and their families should be proud of their commitment not only to our f IN HONOR OF SIMON WIESENTHAL country but also to each other. Their dedica- tion and loyalty is commendable. A PROCLAMATION RECOGNIZING HON. MIKE FERGUSON Mr. Speaker, it is my distinct honor to take DR. KALLA OF NEW JERSEY the floor of the House today to join with the IN THE HOUSE OF REPRESENTATIVES veterans, their family and friends who will Tuesday, September 20, 2005 gather later this month for a celebration and HON. ROBERT W. NEY dedication of the USS Elokomin at the Navy Mr. FERGUSON. Mr. Speaker, I rise today OF OHIO Memorial here in Washington, DC. I hope my to recognize and honor Simon Wiesenthal, colleagues will join me in celebrating this dis- IN THE HOUSE OF REPRESENTATIVES who died today at the age of 96. tinguished ship and the men who so ably Simon Wiesenthal, a concentration camp served aboard her to defend this Nation. Tuesday, September 20, 2005 survivor, worked tirelessly to bring Nazi war criminals to justice. By compiling testimonial f Mr. NEY. Mr. Speaker: evidence at his Jewish Documentation Center COMMEMORATING 100 YEARS OF Whereas Dr. Kalla is an exceptional indi- in Vienna, Austria, Wiesenthal provided trial CHEESMAN DAM vidual worthy of merit and recognition; and material and evidence to the lawyers who Whereas, Dr. Kalla has proven himself to be prosecuted the Nazis for their crimes. Through HON. MARK UDALL a man of strong will and character; and his lifetime, Wiesenthal helped to bring as many as 1,100 Nazis, including Adolf Eich- OF COLORADO Whereas Dr. Kalla shall be lauded for his IN THE HOUSE OF REPRESENTATIVES mann, to justice. strength, tenacity, and perseverance in his For Wiesenthal—who lived by a standard of Tuesday, September 20, 2005 battle with cancer; justice, not vengeance—trying the Nazis for Mr. UDALL of Colorado. Mr. Speaker, I rise Therefore, I join with the residents of the en- their war crimes brought moral restitution to today to recognize the century of service the tire 18th Congressional District of Ohio in hon- the Jewish people who suffered so severely Cheesman Dam has provided Coloradans. oring and congratulating Dr. Kalla for his out- under the Nazi regime. Wiesenthal dedicated The dam is an engineering marvel that has standing accomplishment. his life to preserving the memory of all those

VerDate Aug 31 2005 04:43 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.013 E20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1895 who lost their lives in the Holocaust, even Originally from West Virginia, Steve HONORING THE 100TH ANNIVER- when many in the world wanted to forget. Dennison joined the Air Force in 1983 as a SARY OF THE SOLVAY PUBLIC The Holocaust was an act of brutal geno- Munitions Systems Specialist. He served for LIBRARY, CELEBRATED ON SEP- cide and unprecedented evil. But those such 22 years and retired from the service on May TEMBER 25, 2005 as Simon Wiesenthal remind us that the cause 31, 2005 to go to work as a Conventional Mu- of justice is never lost. nitions Specialist at the Headquarters of the HON. JAMES T. WALSH f Air Force Materiel Command, at Wright-Patter- OF NEW YORK NATIONAL ADDICTION son Air Force Base in Ohio. IN THE HOUSE OF REPRESENTATIVES COUNSELORS DAY Steve and his wife, Tammy, had two chil- Tuesday, September 20, 2005 dren, Megan and Jacob. Unfortunately, these Mr. WALSH. Mr. Speaker, I rise today to HON. PATRICK J. KENNEDY children were born with the lethal genetic recognize the 100th Anniversary of the Solvay OF RHODE ISLAND childhood disease, ataxia-telangiectasia, or A– Public Library located in the Village of Solvay, IN THE HOUSE OF REPRESENTATIVES T for short. This disease causes the progres- New York. The history of the Solvay Public Li- brary actually began on January 14, 1903, Tuesday, September 20, 2005 sive loss of muscle control, cancer and im- Mr. KENNEDY of Rhode Island. Mr. Speak- with an endowment by steel magnate Andrew mune system problems. Generally, the life- Carnegie. Along with this endowment, the as- er, I am pleased to offer my support for Na- span for children with A–T is 20 years. Unfor- tional Addiction Counselors Day, today, Sep- sistance of Frederick Hazard, President of the tunately for the Dennison family, both of their Solvay Process Company, and the Village of tember 20, 2005. As we recognize the tremen- children were born with severe symptoms of dous success of treatment for addiction dis- Solvay led to the creation of the public library. this already brutal disease. orders during the entire month of September, In May of 1903, the University of the State of we must also acknowledge the great work of In 2004, the Dennisons lost Megan at the New York granted an official charter the to addiction counselors. age of 16, even as they worked night and day Solvay Public Library. The Solvay Public Library officially opened A staggering 63 percent of Americans say to keep her healthy and were greatly sup- its doors on September 25, 1905, with a col- that addiction to alcohol or other drugs has ported by the community. Jacob, age 16, had an impact on them at some point in their lection of 2,042 books. Since then, the library whose mental capacity is sharp, like most chil- has served as an integral part of the Village of lives. Recovery Month, sponsored by the Sub- dren with A–T, misses his sister and is fully stance Abuse and Mental Health Services Ad- Solvay and its community. Since 1906, the li- aware of what the future may hold for him. ministration, SAMHSA, focuses on helping in- brary has offered weekly story hours, which dividuals with addiction problems access treat- In closing, the Dennison family’s courage continue to this day. During World War I, the ment and support services, as well as pro- and strength and Steve’s distinguished service Solvay Public Library converted its Community motes measures that make treatment more af- to the country are an inspiration to us all. I Room into a lounge for soldiers camped at the State Fair Grounds. In 2001, the Solvay Public fordable, equitable, and available. As a co- wish the Dennison family the best in the fu- Library Board of Trustees initiated a ‘‘Preser- sponsor of the Paul Wellstone Mental Health ture. For the Dennison family and all the other Equitable Treatment Act, I am working to end vation and Expansion’’ Campaign to make the families with children suffering from this dev- building handicapped accessible and to out discrimination within the health insurance sys- astating disease, I wish for a cure. tem against those with mental illness and ad- reach even further into the community. On behalf of all who have benefited from diction disorders. Unfortunately, lack of insur- f ance coverage is only one of several barriers the services of the Solvay Public Library, the that prevent individuals from seeking treat- citizens of the Village of Solvay, and the peo- A PROCLAMATION IN MEMORY OF ple of Central New York, I would like to extend ment. In fact, of the 22.2 million individuals G. DAVID TOZZI needing treatment for substance abuse dis- my best wishes for many more successful orders, 20.3 million have not received it. years of service to this outstanding public li- No one is immune from addiction; it afflicts HON. ROBERT W. NEY brary. people of all ages, races, classes, and profes- f OF OHIO sions. The impact is felt not only by individuals HONORING DR. MARIE V. and their families, but by society as well. Ad- IN THE HOUSE OF REPRESENTATIVES MCDEMMOND diction costs our society and economy billions of dollars each year, in health care costs, Tuesday, September 20, 2005 property damage, and lost productivity. It also HON. JAMES P. MORAN costs lives, and causes immense amounts of Mr. NEY. Mr. Speaker: OF VIRGINIA grief and pain. The professionals who treat Whereas, I hereby offer my heartfelt condo- IN THE HOUSE OF REPRESENTATIVES this destructive disease are a dedicated, lences to the family and friends of G. David Tuesday, September 20, 2005 knowledgeable group which has committed Tozzi; and Mr. MORAN of Virginia. Mr. Speaker, today themselves to this serious health crisis. Today Whereas, G. David Tozzi will be remem- I rise in honor of Dr. Marie V. McDemmond, there are hundreds of thousands of clean and immediate past president of Norfolk State Uni- sober individuals living productive lives only bered by his mother, Irene, his sisters Nancy and Jennie, his brothers-in-law Raymond and versity and the 2005 Forever Upward award because, in a moment-of-truth, a counselor designee for her service and dedication to the Thomas, and his beloved nephews Tommy was there and made the difference. cause of higher education in the Common- I urge my colleagues to join me in recog- and David; and wealth of Virginia. nizing the valuable contributions of addiction Whereas, G. David Tozzi was born in Bel- Dr. McDemmond retired from Norfolk State counselors by honoring National Addiction laire, Ohio, and resided in St. Clairsville, Ohio; University as president earlier this year, and Counselors Day. and while her indelible leadership skills will be f sorely missed by all, I am pleased that Marie Whereas, G. David Tozzi was a dedicated has chosen to continue to continue to serve THE DENNISON FAMILY OF employee of the First Energy Corporation, a FAIRBORN, OHIO NSU by teaching. devout member of the St. Mary’s Catholic Dr. Marie McDemmond made great strides HON. DAVID L. HOBSON Church in St. Clairsville and a loyal member of in 1997 when she began her presidency at the Bellaire Elks; and Norfolk State University by not only being the OF OHIO first woman to lead the university, but also the IN THE HOUSE OF REPRESENTATIVES Whereas, G. David Tozzi will certainly be first African-American woman to head a public, Tuesday, September 20, 2005 remembered by all those who knew him be- cause of his upright character. 4-year institution of higher education in the Mr. HOBSON. Mr. Speaker, I rise today to Commonwealth of Virginia. Under her leader- pay tribute to the Dennison family of Fairborn, Therefore, while I understand how words ship, Norfolk State University has developed Ohio. The Dennison’s are a wonderful family cannot express our grief at this most trying of into a vibrant institution with cutting edge pro- that has made many contributions to the com- times, I offer this token of profound sympathy grams and operations, and is poised to be a munity over the years. to the family and friends of G. David Tozzi. leader in information technologies and other

VerDate Aug 31 2005 04:43 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.018 E20SEPT1 E1896 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2005 fields that significantly contribute to our Na- MEETING OF THE IRANIAN HUMAN tion-led boycott was very effective. The tion’s economy. RIGHTS AND DEMOCRACY CAUCUS turnout was between 10 percent and 20 per- cent not the regime’s inflated figure of over Under Dr. McDemmond’s leadership, Nor- 50 percent. It doesn’t take a rocket scientist folk State University’s reputation as a leading HON. THOMAS G. TANCREDO to figure out that the lower the turnout rate, minority-serving institution has soared. Dr. OF COLORADO the less the legitimacy of that government. McDemmond’s vision has also helped to IN THE HOUSE OF REPRESENTATIVES . . . In addition, the so-called election was bridge both the digital divide and opportunity Tuesday, September 20, 2005 actually a ‘‘selection’’ because the Supreme divide at several Historically Black colleges Leader Khamenie handpicked candidates in Mr. TANCREDO. Mr. Speaker, please sub- and other universities. Her innovative style, advance of the vote. He started nearly two mit the following transcript from the June 25, while working with other leading educators years ago to have the revolutionary guards 2005 meeting of the Iranian Human Rights and government officials, contributed to these take control over all organs of the regime. and Democracy Caucus for the RECORD. This power play did not begin a month before great successes will benefit the entire higher the June elections. There was some internal education community for many years to come. Congressman Tom Tancredo: We are going to be talking about the election in Iran and dissent, and Khamenie thought it was impor- I am pleased to rise in honor Dr. Marie the aftermath of the election. According to tant for him to control all organs of power. McDemmond, a true education leader who reports the mullahs employed a variety of . . . President Bush deserves credit for con- embodies Norfolk State University’s creed of methods to get Mahmood Ahmadinejad demning the ‘‘sham selections’’ and hence ‘‘Achieving with Excellence.’’ elected and including the use of 5 million na- de-legitimizing them in advance. tional ID cards of the deceased, voting with Here is a three-point plan of the Iran Pol- unofficial ID cards, voting with both pass- f icy Committee to facilitate regime change in ports and birth certificates outside of Iran to Iran. First, remove the Mujaheddin-e Khalq allow the mullahs men to write in their from the Foreign Terrorist Organizations 100TH ANNIVERSARY OF THE votes twice, paying $15.5 million 300,000 PANGERE CORPORATION list. Secondly, expand U.S. funding for Ira- members of the parliamentary Bassij force nian opposition groups and nongovernmental in support of a particular candidate, buying organizations committed to democratic votes for $35.00 each in many provinces, fur- change in Iran, including the Mujaheddin-e HON. PETER J. VISCLOSKY thermore in recent years we have learned Khalq and related groups. Thirdly, invite critical information about the mullahs of nu- OF INDIANA Iranian opposition leaders to the White clear program. Since then the international House and to the Congress; these leaders IN THE HOUSE OF REPRESENTATIVES community has come to better appreciate would include leaders of the Mujaheddin-e the extent of Iran’s involvement in terrorist Khalq and members of the National Council Tuesday, September 20, 2005 activity abroad, nuclear ambitions and inter- of Resistance of Iran. Mr. VISCLOSKY. Mr. Speaker, it is with ference in Iraq, Lebanon and Palestine. It great honor and pleasure that I stand before would be a monumental error if we assume Congressman Tom Tancredo: It does seem, that the mullahs are reformable, can tol- listening to you, there is a ray of sunshine you today to recognize the many accomplish- erate intellectually progress and regional or and you both have just let shine on this be- ments of the Pangere Corporation throughout international peace. I look forward to the cause, would we be Pollyannaish to think its 100 years of service in Northwest Indiana. testimony of today’s witnesses and I hope and that it is good that he is going to dis- To commemorate this special occasion, the they can illuminate for us Iran’s recent elec- avow any foreign investment and therefore Pangere Corporation will be holding an anni- tions and their implications for the U.S. and any internationalization of the economy, versary celebration on September 24, 2005, at the world. those oil revenues will be less effective per- the Center for Visual and Performing Arts in Dr. Kenneth Katzman (Excerpt): Congres- haps and the mischief making, then they sional Research Service—The twists and Munster, Indiana. otherwise would be if the economy were to turns of the Iranian presidential election in thrive under a more expansive or more open John T. Pangere established The Pangere 2005 might indicate that Iranian politics are arrangement. Corporation in 1905 as an industrial painting more vibrant and less scripted than some ex- contracting company. He built the framework perts, and some Administration officials ap- Congressman Tom Tancredo: I would like pear to believe. On the other hand, Bush Ad- to recognize a member who has joined us, of a company that today offers a complete line congressman Clay. of construction services. Because their roots ministration criticism of the Council of Guardians’ heavy hand in candidate selec- are in Gary and they wanted to give back to Congressman William Lacy Clay: I appre- tion—and eliminating of all women can- ciate hearing from Dr. Tanter and the other the community what it had given them over didates from the competition—is accurate. witnesses here, defined out their take on the the years, the Pangere family built its head- . . . Although Iranian voters apparently did recent elections in Iran. Let me also say that quarters in the center of Gary, Indiana. North- not vote for him because of his foreign policy it’s OK to mention Florida, you can also west Indiana has certainly been rewarded by positions, his victory has now ensured a mention Ohio. This is a bipartisan com- the true service and uncompromising dedica- hardliner lock on virtually all major institu- mittee [laughter] I’m delighted to be here, tion this company has displayed to the com- tions—the Supreme Leadership, the Council it’s a pleasure, thank you. munity. of Guardians, 6 clerics appointed by Khamenei plus 6 jurists appointed by the ju- Ilan Berman (Excerpt): American Foreign Throughout its growth and expansion, the diciary, the Majles, the Expediency Council, Policy Council—. . . A great deal of think officers and owners of the Pangere Corpora- and now the presidency and government has been spilt in recent weeks in an attempt tion have strived to maintain the corporate cul- ministries. The 86-seat Assembly of Experts to game the Iranian elections. The art of pre- dicting have the next president is going to be ture and values of being a family business. is elected. Reformists are now virtually shut out. . . . Potential alterations to Tehran’s has been elevated to high drama, certainly The Pangere family recognizes the need and on the editorial pages that we’ve all read. importance of community involvement. The bargaining strategies at the nuclear talks with the so-called ‘‘EU–3’’, Britain, France, Also I think it’s important to note that most company contributes financially to many chari- and Germany, are perhaps harder to judge. of this analysis has been spectacularly table and community organizations and its em- During his second round campaign, wrong, not just wrong but spectacularly ployees are encouraged to participate in com- Ahmadinejad pointedly criticized the For- wrong.... The power centers within the Is- munity events. Steve Pangere has given his eign Ministry negotiators as too willing to lamic Republic are fully consolidated under time and efforts selflessly to the people of make dramatic concessions in order to reach the leadership of the Supreme Leader Ali Northwest Indiana. He serves as a board a deal with the EU–3. Those penalties will Khamenei. In the past, the outgoing Presi- likely be the subject of discussion between dent Mohammad Khatami had succeeded on member of several charitable organizations a very notable but very few and far between and he has taught his employees the true the United States and its European allies. Professor Raymond Tanter (Excerpt): Iran occasions on breaking with the clerical lead- meaning of service. Policy Committee—With regard to the turn- ership and doing so publicly. With the rise of Mr. Speaker, I ask that you and my other out in the June 2005 Iranian elections, a Mr. Ahmadinejad such descent is more than distinguished colleagues join me in congratu- Council on Foreign Relations analyst ref- likely going to become a thing of the past. lating the Pangere Corporation on their 100th erenced Iran’s notorious Ministry of Intel- Given his political leanings and his revolu- Anniversary. This company has contributed to ligence and Security to validate the regime’s tionary credentials he is likely to steer the announced turnout numbers. . . . I think if Iranian presidency into the out right rubber the growth and development of the economy disinformation means anything it means stamp of the clerical leadership. That is the of the First Congressional District. Their serv- that you don’t go to the Ministry of Intel- first implication.... Second is that Mr. ice and devotion deserves the highest com- ligence and Security to find out what the Ahmadinejad’s ascendance to power actually mendation, and I am proud to represent them turnout is! I’ve heard reports from some of mirrors a deeper political shift that has in Congress. the smaller cities in Iran that the opposi- taken place within that the Iranian politics

VerDate Aug 31 2005 04:43 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A20SE8.023 E20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1897 over the last couple of years. The reformists participation in the Eden Lodge: Emanuel Wil- loyal member of the VFW and American Le- we now all see are in retreat and internal po- son, Charles Ferguson, Sr., Charles E. Bart- gion and a devout Presbyterian; and litical changes have shifted power and shift- lett, Sr., Reginald H. Kemp, Joseph L. Collins, Whereas, Walter Zalesny will be remem- ed power dramatically to a cadre of clerical hardliners who are committed to revitalizing and Mario L. Eury. bered for his service in the U.S. Navy and for and even expanding the Islamic revolution. With pride, I recognize the Eden Lodge for his ability to touch so many lives; . . . Iran in short, constitutes a mounting its 110 years and the King Solomon Chapter Therefore, while I understand how words strategic challenge to the United States and for its 103 years of offering a place of fellow- cannot express our grief at this most trying of also to U.S. objectives and the broader Mid- ship and friendship to the people of Marietta, times, I offer this token of profound sympathy dle East and the war on terror. Unfortu- Georgia and beyond. to the family and friends of Walter Zalesny. nately, and I use the same caviar and the Dr. Mr. Speaker, I ask all Members to join me Katzman did, that these are my views alone, in honoring and congratulating the member- the White House seems to have failed to ar- f ticulate a comprehensive strategy towards ship for their remarkable achievements. addressing, not only the nuclear program but f NATIONAL BACKPACK AWARENESS also the broader strategic threat from the DAY Iranian regime and I think I’d like to con- HONORING THE LIFE AND ACCOM- clude by saying that this is a high time in a PLISHMENTS OF PUBLISHING good benchmark for us to urge to change PIONEER JOHN H. JOHNSON HON. MIKE ROGERS that policy and to actually adopt a proactive OF MICHIGAN approach. IN THE HOUSE OF REPRESENTATIVES Question from VOA: I’m wondering what HON. EDDIE BERNICE JOHNSON the future relations between Iran and the OF TEXAS Tuesday, September 20, 2005 United States and I see it as stage that there IN THE HOUSE OF REPRESENTATIVES Mr. ROGERS of Michigan. Mr. Speaker, as is a divergence between the European in the September 21, 2005 is National School Back- U.S. concerns. The EU is welcoming the elec- Tuesday, September 20, 2005 tions and the Americans are denouncing the Ms. EDDIE BERNICE JOHNSON of Texas. pack Awareness Day, I would like to recognize elections. What do you see as the future of Mr. Speaker, I rise today to pay tribute to the the many occupational therapists that live and Iran, U.S. EU relations and negotiations on life of innovator and publishing pioneer John work in my district. Each September, the the nuclear issue? H. Johnson. After living a remarkably accom- American Occupational Therapy Association’s Congressman Tom Tancredo: I think we plished life that spanned 87 years, John H. (AOTA) members, students, and other health will have quite a tussle over the possibility professionals join forces to alert the public, of sanctions we mentioned earlier that if Johnson passed on Monday, August 8, 2005. By embracing positive portrayals of African- particularly teachers, parents, and children they do have an effect and I would imagine about the dangers of overweight backpacks that will be arguing with our friends in Eu- Americans, John Johnson’s vision and innova- rope about things like that. Is not surprising tion forever shaped the way African-Americans and improper use. to me that we see this divergence of opinion are portrayed in the media and advertising. At Occupational therapy is a health, wellness, between Europe and the United States with a time when media representations of blacks and rehabilitation service provided by qualified regard to Iran but I have to admit myself were mostly damaging and stereotypical, Mr. professionals whose expertise includes anat- that I have a hard time understanding the omy, physiology, psychology and other dis- opinions that are being expressed about the Johnson produced publications that high- lighted African-American accomplishments and ciplines. Thousands of occupational therapists president. I think to some degree our State work with children in school systems, pediatric Department is a reflection of Europe. We’re success. going to be very pragmatic about this, we This innovation and foresight brought to- hospitals, and other health care facilities ev- may not like it but that’s the way it is and gether the African-American community. By eryday to improve skills that will help them we’ll make the best of it. That’s the prag- giving African-Americans something to rally perform daily tasks at home, at school, and at matic view and I think that Europe takes around, he instilled a sense of unity among play. that and I would say the more realistic view the black community and created a positive The AOTA is sponsoring its fourth annual is that we have to change the situation. The National School Backpack Awareness Day to status quo is not acceptable, it’s far too dan- identity. In addition, John Johnson success- fully guided the mainstream media and cor- promote healthy backpack use among stu- gerous. But I don’t know that my opinion dents. The goal of the National School Back- will be the one taken by the administration. porations to expand outreach to blacks. It has been said that the ultimate measure pack Awareness Day is to reduce the load f of a person’s life is the extent to which they being carried to fifteen percent or less of a CONGRATULATIONS TO THE EDEN made the world a better place. John H. John- child’s weight, to educate them on the risks of LODGE NO. 46 son’s work has forever shaped the African- carrying too much weight and the proper ways American community. His contributions will al- to pack and wear their backpacks. HON. TOM PRICE ways be remembered. We were all greatly Over 700 participants in schools, stores, health fairs, and other areas from all fifty OF GEORGIA saddened to learn of the passing of John H. Johnson. states will take part to ‘‘weigh-in’’ over 200,000 IN THE HOUSE OF REPRESENTATIVES children and ensure their backpacks are fif- f Tuesday, September 20, 2005 teen percent or less of their weight. As part of Mr. PRICE of Georgia. Mr. Speaker, it is A PROCLAMATION IN MEMORY OF the 2005 Healthy Families Community Fair in with great honor and enthusiasm that I con- WALTER ZALESNY Clinton, MI in October, children and their fami- gratulate the Eden Lodge No. 46 as they join lies will be able to learn about the importance together to celebrate their 110th birthday HON. ROBERT W. NEY of loading and wearing backpacks the right along with their sister chapter King Solomon OF OHIO way to avoid back and shoulder pain or strain, stooped posture, musculoskeletal pain, and Chapter No. 42 celebrating their 103rd anni- IN THE HOUSE OF REPRESENTATIVES versary. aching heads. Located in the city of Marietta, the Eden Tuesday, September 20, 2005 In schools, occupational therapists use their Lodge and King Solomon Chapter have a rich Mr. NEY. Mr. Speaker: unique expertise to help children to be pre- heritage and continue to serve the Cobb Com- Whereas, I hereby offer my heartfelt condo- pared for and perform important learning and munity and beyond. lences to the family and friends of Walter school-related activities and to fulfill their role The Eden Lodge began in 1894 and the Zalesny; and as students. Additionally, they play a critical lodge proceeded to grow in the years that fol- Whereas, Walter Zalesny will be remem- role in training parents, other staff members, lowed. After the Great Depression and the bered by his son Barry, his daughters Sharon and caregivers regarding the education, hard times that followed during World War II and Fran, his four grandchildren and seven health, and success of students with diverse the Eden Lodge was reactivated and grew its great granddaughters; and learning needs. strength when in 1961 Eden Lodge built its Whereas, Walter Zalesny was born in Please join me in support of all the school Masonic Hall. Wegee, OH, and resided in Bellaire, OH; and children, occupational therapists, and partici- I would especially like to commend the fol- Whereas, Walter Zalesny served in the Bel- pants of the 2005 National School Backpack lowing members for their leadership and active mont County Engineer’s Office and was a Awareness Day.

VerDate Aug 31 2005 04:43 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A20SE8.026 E20SEPT1 E1898 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2005 THANKS TO THE PEOPLE OF he served initially as a Logistics Staff Officer TRIBUTE TO CLARA BARTON NA- SOUTH CAROLINA and then as Assistant Executive Officer. He TIONAL HISTORIC SITE IN GLEN ended his tour on the Army Staff with an ap- ECHO HON. JAMES E. CLYBURN pointment as Military Assistant to the Deputy OF SOUTH CAROLINA Chief of Staff, Logistics. HON. CHRIS VAN HOLLEN IN THE HOUSE OF REPRESENTATIVES In 1985 he was transferred to United States OF MARYLAND Tuesday, September 20, 2005 Army Europe and 7th Army where he was the IN THE HOUSE OF REPRESENTATIVES Mr. CLYBURN. Mr. Speaker, I rise to say S–3 (Operations) and later Executive Officer Tuesday, September 20, 2005 thanks to the people of South Carolina, most of the 203rd Forward Support Battalion. In Mr. VAN HOLLEN. Mr. Speaker, I rise today especially those in the midlands area, for the July 1987 he was transferred to Headquarters to pay tribute to the Clara Barton National His- tremendous outpouring of love and respect 3rd Infantry Division (Mechanized) to be the toric Site in my Congressional District for shown to victims of Katrina. And, I want to pay Deputy G–4 (Logistics). In January 1988 he being awarded accreditation by the American particular thanks to the Mayor of Columbia, was selected for the position as Aide-de-Camp Association of Museums. Bob Coble; Columbia businessman, Sam to the Supreme Allied Commander Europe This honor is a national recognition of the Tenenbaum; Columbia Chamber of Commerce (SACEUR). museum’s dedication to excellence in edu- President, Ike McLeese; and the President of cation and its high standards for public service the University of South Carolina, Andrew In February of 1990 he assumed command and accountability. Out of the nearly 16,000 Sorensen. This dynamic quartet decided that of the Support Squadron, 3rd Armored Cavalry museums in the United States, only about they would be guided from the beginning by Regiment at Fort Bliss, Texas. From there he 750, or 5 percent, are accredited. the Golden Rule: ‘‘Do unto others as we would deployed with his unit to Operation Desert Clara Barton is a responsible steward of have them do unto us.’’ Consequently, they Shield and the first Gulf War—Operation public and private resources—cultural, phys- decided that nobody coming to Columbia Desert Storm. ical, and financial—and is fulfilling its public would be placed in a shelter. Everybody would Following a year of study at the Army War trust responsibilities. It also plays a critical be put in motel rooms or in individual homes. College, he again transferred overseas to civic role as a center of learning and an edu- We have just received word that we will be re- cational resource for school children, teachers, United States Army South and assumed com- ceiving additional evacuees tomorrow morning and individuals of all ages. and I now call upon the people who will be mand of the 41st Area Support Group in Pan- Accredited status will increase Clara Bar- manning our one-stop reception center to con- ama. In July 1995 he returned to Washington ton’s visibility—at the local and national lev- tinue putting the Golden Rule into practice. and joined the Joint Staff, initially as Deputy els—adding to the vibrancy of our community f Director for Logistics, Readiness, and Require- and improving our quality of life. ments and then as Executive Officer to the Di- Mr. Speaker, please join me in celebrating TRIBUTE TO MAJOR GENERAL rector of Logistics J–4. In September of 1997 the Clara Barton National Historic Site’s note- DANIEL G. MONGEON he was designated Special Assistant to the Di- worthy achievement. HON. JAMES P. MORAN rector for Logistics, J–4. f He was promoted to rank of Brigadier Gen- OF VIRGINIA YANKEE FRUGALITY: ALTER- eral and assumed command of the Defense NATIVE ENERGY WORKS—AND IN THE HOUSE OF REPRESENTATIVES Logistics Agency’s Defense Supply Center SAVES MONEY Tuesday, September 20, 2005 Philadelphia in 1998. From there he again re- Mr. MORAN of Virginia. Mr. Speaker, I rise turned to the Army Staff to be the Director of HON. BERNARD SANDERS today to honor a lifetime commitment of serv- Sustainment in the Office of the Deputy Chief OF VERMONT ice to the United States of America. On Octo- of Staff for Logistics. He was then transferred IN THE HOUSE OF REPRESENTATIVES ber 14th, 2005, Major General Daniel G. to Headquarters United States Army Forces Tuesday, September 20, 2005 Mongeon of Alexandria, Virginia will retire after Command at Fort McPherson, Georgia to be- 34 years of dedicated service in the United come the Deputy Chief of Staff, G–4. Major Mr. SANDERS. Mr. Speaker, it gives me States Army. great pleasure to bring to your attention, to the General Mongeon entered into his current as- General Mongeon was commissioned as a attention of the House, and to the attention of signment Director of Logistics Operation J–3, Second Lieutenant in the Quartermaster Corps the Nation, the remarkable step forward made through the Reserve Officers Training Corps Defense Logistics Agency in October of 2003 by the Washington Electric Co-operative in program at the University of Arizona, where he where he has been able to bring his wealth of Vermont. This week they opened a new facility earned his Bachelor of Science degree in experience and singular talents to bear on which produces electricity from methane, a Public Administration and was designated a solving some of the most intricate sustainment gas formerly burned as a useless byproduct of Distinguished Military Graduate. Thereafter he challenges faced by our nation’s military es- the landfill in Coventry, VT. It is a wonderful received his Master’s degree in Logistics Man- tablishment. example of Yankee inventiveness—and agement from the University of Arkansas. His His tireless and selfless dedication to serv- Yankee frugality. military education includes the Quartermaster ing his country is represented by the many The new facility, which costs a relatively Officer Basic and Advanced Courses, the modest $8.5 million, will produce enough elec- decorations he has earned including the Dis- Command and General Staff College, and the tricity for one-third of the Washington co-op’s tinguished Service Medal with Oak Leaf Clus- Army War College. customers, a percentage expected to rise to After commissioning and initial training, his ter, the Defense Superior Service Medal with half when the plant is fully operational and initial assignments included a posting as Lo- Oak Leaf Cluster, the Legion of Merit with 2 tuned to take advantage of all the methane gistics Officer for the United States Army Se- Oak Leaf Clusters, the Bronze Star Medal, the produced by decomposition in the landfill. curity Agency’s Communication Unit at Camp Defense Meritorious Service Medal, the Meri- In a time of soaring energy and electricity Drake, Japan. From there he transferred in torious Service Medal with 2 Oak Leaf Clus- prices, the co-op has not raised electricity December 1972 to Camp Zama, Japan where ters, the Army Commendation Medal with Oak prices for 5 years. Rates are not expected to he was Executive Officer for the U.S. Army Leaf Cluster, the Army Achievement Medal rise in the next 5 years either, because the Garrison and subsequently as Welfare/Sundry with Oak Leaf Cluster, two awards of the Joint new powerplant operates economically and Funds Division Chief and Installation Club Meritorious Unit Award, the Joint Chiefs of the electric utility makes good use of renew- Manager. Staff Identification Badge, and the Army Staff able energy certificates. From 1978 to 1984 he served as the Divi- Identification Badge. This is a wonderful lesson for the Nation, sion Services Officer, Property Book Officer which is increasingly pressed by both short- and finally Commander, Headquarters and In closing I wish to commend General ages of fossil fuel and by soaring prices for Headquarters Company, of the 4th Infantry Di- Mongeon for his many years of distinguished energy of all sorts. vision (Mechanized) at Fort Carson, Colorado. service to our nation, protecting our freedoms We need to find sources of alternative en- After completing graduate school he was of life, liberty and the pursuit of happiness. I ergy which can meet our needs for power. transferred to the Office of the Deputy Chief of wish him and his wife, Schele, Godspeed in Contrary to what the large oil companies tell Staff for Logistics, United States Army. There his retirement. us, not only are such alternatives available

VerDate Aug 31 2005 04:43 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.031 E20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1899 now, those alternatives are often far more ec- As we speak here today—the Coast Guard lington, Virginia. Through AACA, Ms. Balian onomical than using fossil fuels. continues to save lives. We must support established the Armenian American Wellness Whether it is methane power, wind power, them! We need more agencies like the Coast Center in Yerevan, a humanitarian project solar power, geothermal power, or the use of Guard. dedicated to saving, prolonging, and improving hydrogen fuel cells as an alternative to gaso- The Coast Guard and Maritime Transpor- the lives of women through the early and ac- line in cars, we must cut out dependence on tation Act of 2005 authorizes $8.7 billion for curate detection of breast and cervical cancer foreign oil now. We will be better off environ- the Coast Guard and authorizes $1.6 billion and to providing primary health care services mentally, our national security will be en- for the Coast Guard’s Deepwater program to to ensure the good health and well-being of hanced, and—as the Washington co-op has replace aging ships and aircraft, and requires families in Armenia. To facilitate the Wellness so boldly demonstrated—we may well be bet- a new implementation plan. Center’s work, Ms. Balian partnered the Cen- ter off economically as well. This bill before us today is important—now ter with seven major U.S. medical institutions. In short, we need an energy revolution by more than ever. It is our obligation to provide Since the Wellness Center’s establishment in breaking our dependence on fossil fuels. I am the Coast Guard with the tools to heighten 1997, it has screened over 60,000 women and very, very confident our small State of their service. saved the lives of over 1,500 through the early Vermont will lead this. We will be noticed by I will argue that we need to go further as a detection of life-threatening illnesses. not only the country but the world. Congress and increase the appropriated fund- Ms. Balian has dedicated herself to expand- My congratulations to the Washington Elec- ing for the Deepwater program. I hope that ing the services offered at the Wellness Cen- tric Co-Op for showing America, with its new with the Coast Guard’s strong showing in the ter and providing increased access to those facility in Coventry, what can and should be gulf States during Katrina validates why the services. The Center has added protocols in done to make our energy sources secure and appropriations committee and the Administra- gynecology, family medicine, and pathology sustainable. tion should make a greater commitment to the and reaches out to Armenians living in rural f Coast Guard and the Deepwater program this areas through monthly outreach missions and PERSONAL EXPLANATION year by increasing funding for the program. the establishment of two satellite clinics. Finally, I want to take this opportunity to reit- Along with her work on behalf of the erate a request for a joint port security hearing Wellness Center, Ms. Balian’s accomplish- HON. MARILYN N. MUSGRAVE with the Coast Guard subcommittee and the ments also include the establishment of a sis- OF COLORADO Full Homeland Security Committee. ter-city program between the cities of Gyumri, IN THE HOUSE OF REPRESENTATIVES In the aftermath of Katrina, we are reminded Armenia and Alexandria, Virginia. She co- Tuesday, September 20, 2005 just how much work needs to be done in co- chaired the Alexandria/Gyumri Sister City Mrs. MUSGRAVE. Mr. Speaker, due to ordinating with Federal and local agencies and Committee for six years, organized several meetings during the series of votes on Thurs- emergency responders. municipal, cultural and educational exchanges day, September 15, I did not make it back to Our approach to port security is no different. and established the Alexandria Armenian Day the House floor in time for the last vote (roll- The Coast Guard is responsible for securing Festival, which is now an annual celebration. call vote No. 475). the 95,000 coast lines that includes Great Through her work with the Armenian Gen- H. Res. 473 was to establish the Select Bi- Lakes and inland waterways. This is our long- eral Benevolence Union (AGBU), the largest partisan Committee to Investigate the Prepara- est border. Given the miscommunication sur- and oldest Armenian philanthropic organiza- tion for and Response to Hurricane Katrina. rounding FEMA, the Department of Homeland tion in the world, Mrs. Balian and her husband Mr. Speaker, had I been present, I would Security and local and State emergency re- cofounded the AGBU New York Summer In- have votes ‘‘yes’’ to establish the hurricane sponders, a joint port security hearing is an tern Program for Armenian college students commission. excellent opportunity to make sure we are all from around the world. She continues to man- f on the same page—if there were to be a ca- age the intern program, which is now in its tastrophe at one of our ports—terrorist or nat- nineteenth year. PROVIDING FOR CONSIDERATION ural—we will be able to respond and save She has received many awards in recogni- OF H.R. 889, COAST GUARD AND lives. tion of her work with the Wellness Center; MARITIME TRANSPORTATION In closing, I urge my colleagues to vote for most notably the ‘‘Spirit of Life Cancer Advo- ACT OF 2005 this important bill that provides for the Coast cacy Award’’ in September 2003 from the Guard to continue to do its extraordinary job. International Spirit of Life Foundation and the HON. JUANITA MILLENDER-McDONALD Mr. Chairman, I look forward to continuing Washington Cancer Institute, the ‘‘Outstanding OF CALIFORNIA to work with you on these and other vital Citizen Achievement A ward’’ from the United IN THE HOUSE OF REPRESENTATIVES issues that face our country. States Agency for International Development Tuesday, September 20, 2005 f in January 2003, and the Armenian Church’s highest medal of honor, the St. Nersess Ms. MILLENDER-MCDONALD. Mr. Chair- RECOGNIZING RITA BALIAN man, as a Member on the Coast Guard Sub- Shnorhali Medal, bestowed upon her through committee, I want to thank you and Ranking a Pontifical Encyclical by His Holiness, the Member FILNER for your continued leadership HON. JAMES P. MORAN Catholicos Karekin II, in October 2001. in bringing this bill to the House floor today. OF VIRGINIA The Armenian people have acknowledged Year after year a select group of Members IN THE HOUSE OF REPRESENTATIVES Ms. Balian’s humanitarian work as well. She has received honorary doctoral degrees from come to the Floor and sing the praises of the Tuesday, September 20, 2005 Coast Guard on how this agency continues to three different universities in Armenia, and in do more with less. Mr. MORAN of Virginia. Mr. Speaker, I rise April 1996, Rita and her husband, Vartkess Recently, our Nation has witnessed what we today to recognize the exceptional contribu- Balian, became honorary citizens of the Re- have been addressing each year. tions of Rita Balian, a humanitarian activist public of Armenia through a special presi- This month we witnessed just how vital the and community leader who has worked tire- dential decree presented to them at the Arme- Coast Guard is to the safety and security of lessly on behalf of women and children in the nian Embassy in Washington, DC. our country. United States and Armenia. She has also been honored by the United The Coast Guard was the only Federal Ever since the earthquake in Armenia in Nations for her advocacy on behalf of wom- agency that responded in the Gulf Coast 1988, Ms. Balian has dedicated her time, tal- en’s and children’s rights and by the American States in a timely and efficient manner. ent and expertise to help the people of Arme- Red Cross for her leadership in obtaining hu- Here are the Search and Rescue numbers nia. She has realized many projects in support manitarian assistance for the victims of the for the Coast Guard in response to Katrina: of women, schools, and universities. Since 1988 earthquake in Armenia. 24,132 lives saved to date; 33,537 lives saved 1996, she has concentrated her efforts on Since March of 2004, Ms. Balian has served or evacuated to date; 12,534 Cumulative lives women’s health, taking American technology, as a member of Governor Warner’s Virginia/ saved by air resources; 11,598 Cumulative management skills and medical expertise to Armenia Advisory Commission. lives saved by surface resources; 9,405 Cu- Armenia. Mr. Speaker, I am proud to recognize the mulated hospital evacuations. She is the founder, president and chief ex- numerous accomplishments of Rita Balian. Where would we be without the Coast ecutive officer of the Armenian American Cul- Her dedication to the people of Armenia and Guard during the devastation of Hurricane tural Association (AACA), a non-profit chari- her efforts to increase international under- Katrina? table organization incorporated in 1995 in Ar- standing reflect a deep sense of purpose and

VerDate Aug 31 2005 04:43 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.035 E20SEPT1 E1900 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2005 remarkable ability to achieve difficult and wor- Linda Hansen joined the BLM by chance 28 Whether here or abroad, I have long been thy goals. Her work serves as an inspiration to years ago, taking a job as a receptionist in the a fan of microcredit programs because I have us all. Carson City office after her family moved seen them work. The term ‘‘foreign aid’’ often f there. She worked her way up through the has a bad connotation—and there are some ranks over the years, serving in both the state good reasons why, too. Many times in the ON THE PASSING OF SIMON and national offices, and was finally named in past, foreign aid was delivered in a topdown WIESENTHAL 2002 to be the first female director of the manner to corrupt governments and organiza- Desert District. tions, where it never really reached the in- HON. CHRIS VAN HOLLEN During her three years, the BLM has com- tended recipients. OF MARYLAND pleted regional land use plans to guide man- Microenterprise, on the other hand, takes a IN THE HOUSE OF REPRESENTATIVES agement of public lands in the Northern and totally different approach. It’s a ‘‘trickle-up’’ ap- Eastern Colorado Desert, Northern and East- proach that focuses on helping the poorest Tuesday, September 20, 2005 ern Mojave Desert, Coachella Valley, and the people on the planet build themselves up, little Mr. VAN HOLLEN. Mr. Speaker, I rise today Imperial Sand Dunes. She also oversaw the by little, into self-sufficiency by giving them ac- to honor Simon Wiesenthal, a man who sur- final stages of development of the largest cess to financing. The success of microenter- vived the atrocities of the Holocaust and dedi- Habitat Conservation Plan in the United States prise lending programs to empower entre- cated his life to ensuring that the world never in the West Mojave Desert, slated for comple- preneurs and borrowers in the developing forgets the more than six million Jews who tion by the end of 2005. world cannot be overstated. perished during one of the darkest periods in She has improved the working relationship Over two million clients are currently bene- human history. with her federal management partners, includ- fiting from USAID-assisted programs that pro- Mr. Wiesenthal brought to justice more than ing the Forest Service, National Park Service, vide the necessary capital through small 1,000 Nazi war criminals. He will be remem- Department of Defense, and Fish and Wildlife loans, usually of a few hundred dollars or less, bered for his fight against ignorance and anti- Service. An Imperial Valley native, she has for entrepreneurs to start and expand their Semitism through a dedication to teaching oth- helped forge a compromise that allowed off- own small businesses. It is estimated that 97 ers about the origins and realities of the Holo- road enthusiasts to use the Imperial Dunes, percent of microenterprise loans are success- caust. He spent his life working to ensure that while at the same time protecting much of the fully repaid and 70 percent go to women, who the unfathomable savagery of the Holocaust Dunes’ fragile eco-system. At the same time, are often very vulnerable, subjected to abuse, would not be repeated. she has forged the United Desert Gateway, and in need of economic opportunities in the Today as we mourn the loss of Mr. helping communities like El Centro and Braw- developing world. Microenterprise is a key ve- Wiesenthal, we celebrate his spirit and honor ley reap the benefits of the increased visitation hicle to assist victims of trafficking and to raise his life and work by vowing to carry on his there. Along the way, she has gained a rep- the social and economic status of women mission of eradicating intolerance and injus- utation for being fair and patient in dealing around the world. tice. with everyone who is dedicated to the protec- Microenterprise also complements the prin- f tion and enjoyment of the desert. ciples President Bush has outlined for more Mr. Speaker, after 31 years of federal serv- effective foreign aid through the Millennium A TRIBUTE TO BLM DESERT DIS- ice and 28 years with the BLM, Linda Hansen Challenge Account, and is a key component TRICT MANAGER LINDA HANSEN will soon be retiring. Please join me in thank- for fulfilling the UN’s Millennium Development ing her for her dedication, patience and perse- Goals to eradicate world poverty by the year HON. JERRY LEWIS verance, and wishing her well in her future en- 2015. Business owners assisted by micro- OF CALIFORNIA deavors. lending are not only able to increase their own IN THE HOUSE OF REPRESENTATIVES f incomes, but through their own efforts, they create jobs and help economies grow. Tuesday, September 20, 2005 IMPLEMENTING THE MICROENTER- PRISE RESULTS AND ACCOUNT- Success stories from the beneficiaries of Mr. LEWIS of California. Mr. Speaker, I rise ABILITY ACT OF 2004 microenterprise are quite numerous. Take for today to pay tribute to Bureau of Land Man- example, Dorothy Eyiah from Ghana. Dorothy agement California Desert District Manager was resourceful, but she had no idea how she Linda Hansen, a dedicated public servant who HON. CHRISTOPHER H. SMITH was going to support her AIDS-stricken sister has been a leader in balancing the protection OF NEW JERSEY and family when she brought them into her IN THE HOUSE OF REPRESENTATIVES of our vast public lands in the California desert home in Ghana. She used to support herself with the needs of our public to use those Tuesday, September 20, 2005 selling ice, but that wasn’t going to pay for the lands in the most beneficial way. Mr. SMITH of New Jersey. Mr. Speaker, food and medicines she now needed. She Throughout my years here in the House of today I chaired a hearing examining the imple- started praying. All doors seemed shut until Representatives, I have had the honor and mentation of PL 108–484, the Microenterprise Dorothy met some women within her village pleasure of representing much of the Southern Results and Accountability Act of 2004. who were part of an Opportunity International California desert lands, which range from the Earlier this year, I traveled to coastal areas Trust Bank. The Trust Bank could help her Sierra Nevada on the north to the Mexican of Indonesia, Thailand, and Sri Lanka which grow a small business—providing her with fi- border. The land itself is some of our nation’s had been devastated by the tsunami. The de- nancing, training, support. Five loans later, most unique and unspoiled, and the people struction from those 50-foot-high waves was Dorothy is the secretary of her Trust Bank and who live, work and recreate there are very almost total, and the vast majority of individ- runs three businesses, employing nine people unique in their own ways. Many desert peaks uals affected were fisherman and other work- from her village. She is content. Her sister is provide vistas of hundreds of miles in every di- ing poor whose boats and nets and livelihoods comfortable, all the children are in school, and rection with no sign of civilization. But often a had been completely swept away. While they their needs are being met. ‘‘God has been so short drive down a canyon road can reveal a gratefully received the emergency food, aid good to me,’’ she says. group of homes, a working ranch or rare min- and shelter which our military and our USAID Success stories such as this are what eral mine that are every bit as vital to the disaster relief teams so efficiently provided, in microfinance and the Microenterprise Results desert experience. the medium term, what these folks really and Accountability Act of 2004 are all about. It takes a special leader to balance the needed and wanted was a small loan to en- By building the best possible microenterprise needs of the desert lands and their users. For able them to rebuild their businesses and be- program, we will be able to reach the greatest the past 31⁄2 years those needs have been come self-sufficient again. possible number of poor people with services very well balanced by the capable hands of The same could be said of areas in our own that truly have an impact on their lives. As we Linda Hansen, the manager of the 10.5 mil- country which have been devastated by Hurri- compare the effectiveness of various methods lion-acre California Desert District of the BLM. cane Katrina. While I am not aware of any of implementing microcredit programs, suc- She has found ways to protect desert dunes microloan programs operating in New Orleans, cess will be measured by the ability to reach and grant access to off-road vehicle riders. having read Dr. Morduch’s testimony which he very poor people and other underserved popu- She has helped preserve desert wildlife like will give later today, I do know that a micro- lations, including women, and by the kind of the Bighorn Sheep and met the needs of the credit group, Accion New York, serves over impact these programs have on poor families. thousands of hunters who know those arid 6,000 customers in the New York metropolitan We are concerned not only with the efficient lands so well. area. delivery of financial services, but also with the

VerDate Aug 31 2005 04:43 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.038 E20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1901 well-being of those who receive those serv- 2002 to cover their operating costs, in addition him success in all his future endeavors. It has ices. We want to see poor people work their to private donations that have added signifi- been a privilege to work with him on a number way out of poverty, increase their income, cant leverage to USAID’s investments. These of issues, and as a friend from Colorado once build their assets, and grow their businesses, networks have excelled in rapidly developing remarked to me, ‘‘It’s a whole lot better to and we also want to see them educate their microfinance institutions in volatile and risky have Ray on your side than the other way children, achieve greater self-esteem, situations, including during the early stages of around.’’ strengthen their families, and improve the a country’s transition from war to peace. I couldn’t say it any better. quality of their lives. When we provide microloans for the devel- I introduced the Microenterprise Results and oping world, we export values upon which our f Accountability Act of 2004 at the beginning of nation is based upon, including the ideal that the 108th Congress, and the final product rep- if you work hard and dream big, you can suc- TRIBUTE TO MAJOR GENERAL resents the culmination of months of hard ceed. MARY L. SAUNDERS work and discussion by Republicans and f Democrats in both the House and Senate, members of the microenterprise community, ACKNOWLEDGING THE SERVICE OF HON. JAMES P. MORAN and USAID, to build upon one of our most RAY CHRISTENSEN progressive and successful foreign aid pro- OF VIRGINIA grams. HON. MARK UDALL IN THE HOUSE OF REPRESENTATIVES This legislation is primarily about ensuring OF COLORADO better results, not authorizing additional IN THE HOUSE OF REPRESENTATIVES Tuesday, September 20, 2005 money. A comprehensive GAO report com- Tuesday, September 20, 2005 pleted in November 2003 revealed that over- Mr. MORAN of Virginia. Mr. Speaker, I rise sight and accountability of microenterprise pro- Mr. UDALL of Colorado. Mr. Speaker, I rise today to honor the career of MG Mary L. grams administered by USAID is weak, and today to acknowledge and honor the important Saunders. General Saunders has served her that programs are not having the desired ef- contributions Ray C. Christensen has made to country for more than 34 years and will retire fect of reaching the very poor—those earning Colorado and the country’s agricultural com- from the United States Air Force on October less than the equivalent of $1/day—to the munity. Ray has served as the executive vice 1, 2005. greatest extent possible. president of the Colorado Farm Bureau for the General Saunders was born in In response to those concerns, PL 108–484 last 20 years and with his retirement, Colorado Nacogdoches, TX, and grew up in Houston. builds-in accountability through a focus on will lose a powerful advocate for agriculture. She was commissioned as an officer in the Air cost-effectiveness and efficiency. The law es- Shortly after I was elected to the State legis- Force after earning a bachelor’s degree from tablishes a dedicated Microenterprise Office lature in 1996, I came to know Ray and was Texas Woman’s University in 1970, and within USAID which will approve strategic often reminded of how highly regarded he was served in a variety of assignments during her plans of field missions, establish a monitoring at the State capitol. I was aware of agricultural military career, excelling in key logistical posi- system in order to maximize the impact of pro- issues, but hardly an expert—and I knew other tions. The general made her mark on Air grams and measure results, and coordinate legislators in both parties who took a some- Force logistics in a variety of transportation preparation of a yearly report to Congress. what disdainful attitude toward farm issues. squadron, air terminal operations, and contin- The legislation also ensures that more funds Others felt that agricultural matters were best gency plans staff positions. In August 1996, go to the ‘‘very poor’’ through the development left to State legislators from rural areas. But as General Saunders was selected as the direc- and implementation of easy-to-use, cost-effec- Lew Entz—now a State Senator—reminded tor of Transportation, Office of the Deputy tive poverty assessment techniques. Identi- me, ‘‘If you eat, you are in agriculture.’’ Chief of Staff for Installations and Logistics, fying and targeting the poorest potential clients I took that to heart then, and I take it to Headquarters U.S. Air Force, Washington, DC. who would stand to benefit most from micro- heart as a Member of Congress. From the In 2004, the Department of Defense, in rec- enterprise loans has proven to be more dif- farm to the table, nothing is plainer or more ognition of her superb organizational skills, ap- ficult than originally anticipated. I am hopeful important, and no one embodies this truth bet- pointed the general as the vice director of the that once developed, these poverty assess- ter than Ray Christensen. Defense Logistics Agency, DLA, Fort Belvoir, ment techniques may prove useful not only for Ray’s professional biography makes this VA. microenterprise but also in other areas of our abundantly clear. He graduated from South From early in her career, General Saunders’ foreign aid. Dakota University with a B.S. and graduate exceptional leadership abilities were evident to PL 108–484 also stipulates that USAID degrees in geography and agriculture. He has both superiors and subordinates as she re- should emphasize the use of global micro- held positions at the South Dakota Depart- peatedly proved herself in select command finance networks and other non-profit private ment of Agriculture, the Missouri River Basin positions. These include serving as deputy voluntary organizations in the implementation Commission, and the office of Public Affairs commander and commander, Military Air Traf- of microenterprise and microfinance programs. for the Farm Bureau. He has also served on fic Coordinating Office, Military Traffic Man- In the last two years, I am concerned that the Colorado Agricultural Council, Denver Ag- agement Command, McGuire AFB, NJ; com- USAID has been shifting its focus away from ricultural and Livestock Club, Colorado Public mander, 475th Transportation Squadron, non-profit organizations and networks to con- Expenditures Council, Colorado Medical Soci- Yokota Air Base, Japan; and commander, De- tractors in the implementation of the Agency’s ety Foundation, CSU Cooperative Extension fense Supply Center, Columbus, OH. microenterprise program. Advisory Council and Colorado Commission While for-profit entities such as consulting on Taxation. During her long service as a logistics expert, firms are making excellent contributions in the As executive vice president of the Colorado General Saunders was a crucial voice for crit- areas of technical assistance, research and Farm Bureau, Ray cultivated valuable relation- ical Air Force policy and programs, always policy reform, global microfinance networks ships with Colorado businesses, environ- providing clear, concise and timely counsel to and non-profit private voluntary organizations mental organizations, and social advocacy her service’s senior leaders. Her later role in have the operational experience and track groups, ensuring long-term progress that the joint service arena proved invaluable to record in microenterprise and microfinance spans beyond the agricultural community. the Department of Defense as she led a vari- service delivery to poor people. These organi- Uniquely dedicated to cooperation and driven ety of logistics, acquisition, and technical serv- zations are able to get resources directly to by the concerns of the family farm, Ray has ices for DLA in times of peace and conflict. Al- clients, and are well positioned to reach the provided invaluable service to Colorado agri- ways, the general put a human face to the Air very poorest economically active entre- culture. Force’s core values of integrity first, service preneurs in the countries where they work. Ray and I come from different walks of life before self and excellence in all we do. Her in- Further, such networks have built self-sus- and different political leanings, but I have al- creasingly responsible positions and public taining microfinance institutions that now ways respected his depth of experience and recognition bear this out. cover, on average, almost all of their operating his steadfast commitment to rural America. I am especially pleased to note that upon costs. More than $150 million in earned rev- Mr. Speaker, I ask my colleagues to join me her retirement, General Saunders plans to re- enue was captured by these institutions in in honoring Ray Christensen and in wishing turn to her home State of Texas to continue

VerDate Aug 31 2005 04:43 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.042 E20SEPT1 E1902 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2005 her life of service at her alma mater. In Janu- create a statutory privilege protecting commu- Wiesenthal was able to prove that the evi- ary 2006, she will become the executive direc- nications made by victims of sexual assault to dence for his death was insufficient. tor of the Leadership Institute at Texas Wom- health care providers and victim advocates. Wiesenthal then assisted Israeli efforts to track an’s University at Denton. This privilege should extend to both medical down Eichmann. Eventually, the war criminal As General Saunders transitions from her health care providers and to those victim ad- was caught and executed thanks in large part role as a military leader to a community lead- vocates designated and trained to perform that to Wiesenthal’s efforts. er, we wish her great health and happiness. I duty in a manner prescribed by DoD regula- After the extremely high profile capture of know I speak for all of my colleagues in ex- tion.’’ Eichmann, Wiesenthal was able to gather pressing my heartfelt appreciation for her This is exactly what my bill will do. The Mili- enough support to continue in his efforts. He many years of service. I am confident in the tary Victims of Violence Confidentiality Act will continued his mission and was able to secure years ahead, Mary Saunders will continue to establish comprehensive confidentiality proto- the arrests and convictions of other important leave her indelible mark on our country. cols to protect the rights of victims within mili- Nazis. His work led to the capture of Karl f tary law. Under my bill, communications made Silberbauer, a member of the German Ge- to secure advice, counseling, treatment or as- stapo who arrested Anne Frank. Silberbauer’s THE MILITARY VICTIMS OF sistance concerning a victim’s mental, phys- confessions disproved the claims that The VIOLENCE CONFIDENTIALITY ACT ical, or emotional state will remain confidential. Diary of Anne Frank was a forgery. Moreover, a victim will be able to refuse to Wiesenthal was also instrumental in the cap- HON. LOUISE McINTOSH SLAUGHTER disclose and prevent any other person from ture and conviction of Franz Stangl who was OF NEW YORK disclosing a confidential communication. in charge of running the Treblinka and Sobibor IN THE HOUSE OF REPRESENTATIVES If a victim’s doctor and advocate cannot pro- concentration camps. Wiesenthal also is cred- Tuesday, September 20, 2005 tect the confidentiality of treatment sessions, ited with locating Hermine Braunsteiner-Ryan, sexual assault and domestic violence victims a housewife living in New York who had su- Ms. SLAUGHTER. Mr. Speaker, today, I am will be unlikely to seek essential care for fear pervised the murder of hundreds of children proud to introduce the Military Victims of Vio- of stigma, public embarrassment, or threats to during the war. lence Confidentiality Act. This important piece their career. Consequently, the military will Simon Wiesenthal believed that it was his of legislation will ensure greater protections for continue to lose valuable women soldiers. mission to ensure that the victims of the Holo- women in the military who are victims of vio- These women put themselves in harm’s way caust were not forgotten and that the type of lence by keeping their medical and counseling to protect us and our Nation from threats at atrocities that occurred during the Second records confidential and allowing them to ob- home and abroad. The military should work as World War do not happen to anyone any- tain valuable treatment services without further hard to ensure they are protected when deal- where ever again. Personally, I was honored victimization. ing with a horrible tragedy. to have made his acquaintance and was hum- The military should be at the forefront of Do not allow our brave service members to bled by his presence. prosecuting assailants and setting the highest be victimized twice, once by their perpetrator Thanks to Simon Wiesenthal’s lifelong dedi- standards for treatment of service women vic- and then again by the lack of appropriate, cation to the cause and organizations such as timized by sexual assault and domestic vio- compassionate, and confidential care. Mr. the Simon Wiesenthal Center, neither he nor lence. Yet, our Armed Forces have failed to Speaker, I encourage all Members to join me the victims of the Nazi atrocities will ever be enforce the most basic protections to ensure in cosponsoring the Military Victims of Vio- forgotten. It is now our responsibility to con- these victims can receive necessary coun- lence Confidentiality Act. tinue the vision of Simon Wiesenthal. We can seling and treatment. Counseling and treat- f not allow the horror of what occurred at ment is essential to begin the healing process, Auschwitz and Treblinka and the other con- and service members should be able to seek REMEMBERING THE LIFE OF centration camps to be erased from our mem- access to these services without fear of expo- SIMON WIESENTHAL ory; we can not allow racism and hatred to sure or public humiliation. fester to the point where genocide becomes Recently, the issue of protecting confidential HON. ALCEE L. HASTINGS an option; and we can not allow those who communications was brought to light in the OF FLORIDA commit acts of genocide to walk away without case of U.S. v Harding. Ms. Jessica Brakey IN THE HOUSE OF REPRESENTATIVES having to answer for the horrific crimes they was allegedly sexually assaulted in 2000 while Tuesday, September 20, 2005 have committed. The world has lost a cham- serving as a cadet at the Air Force Academy. pion for compassion and humanity in the Following the assault, Ms. Brakey sought Mr. HASTINGS of Florida. Mr. Speaker, I death of Simon Wiesenthal. May his memory counseling by victim advocate, Ms. Jennifer rise today to honor the life of one of the great always be a blessing unto all of us. Bier—a civilian who was contracted by the figures in Jewish and world history, the late f military. Under Colorado’s rape shield law, the Simon Wiesenthal. Mr. Wiesenthal, a Holo- disclosure of a victim’s counseling records is caust survivor who crusaded to ensure that COMMEMORATING THE LIFE OF prohibited. However, the military court issued those responsible for the Holocaust were SIMON WIESENTHAL an extremely broad subpoena for Ms. Brakey’s brought to justice, passed away earlier today treatment records with Ms. Bier, as well as her in his home in Vienna, Austria. Simon HON. HOWARD L. BERMAN complete 10-year medical history. When Ms. Wiesenthal followed his creed of ‘‘justice, not OF CALIFORNIA Bier refused to turn over these records to the vengeance’’ and oversaw the arrest, capture IN THE HOUSE OF REPRESENTATIVES military court, the judge suspended the case and conviction of many Nazi war criminals. against the alleged assailant. Simon Wiesenthal was imprisoned at five Tuesday, September 20, 2005 Unfortunately, this precedent setting case German Condentration camps during the Nazi Mr. BERMAN. Mr. Speaker, I am deeply sent a clear message to the thousands of Holocaust, narrowly escaping execution on nu- saddened today to learn of the death of Simon women in the military who are victims of sex- merous occasions. After he was liberated, Mr. Wiesenthal, one of the world’s great humani- ual assault and domestic violence each year Wiesenthal went to work for the United States tarians. Over the past 50 years he tirelessly that the Armed Forces will not protect you. It Army and began gathering information to be fought to preserve the memory of those who is critical that we take appropriate action to used in the Nazi war crimes trials. After the perished in the Holocaust and dared the world ensure that victims of these crimes are able to Nuremberg trials, while the governments of to learn from their mistakes. seek treatment and counseling without reper- the United States and the Soviet Union were Wiesenthal, along with his wife Cyla, sur- cussion. no longer interested in pursuing Nazi war vived the Holocaust determined to bring those Although this bill is supported by many or- criminals, Wiesenthal continued the charge to responsible to justice, for this, the most mon- ganizations that work to prevent and respond arrest and convict those responsible for the strous event in the history of the modem to sexual assault and domestic violence, the genocide of more than eleven million innocent world. Though he weighed only 100 Ibs when need for this legislation is also recognized people, including six million Jews and 89 of he was liberated from the notorious within the military. The Department of De- Wiesenthal’s personal relatives. Mauthausen concentration camp, Wiesenthal fense’s, DoD, own Task Force on Sexual Har- Wiesenthal’s most celebrated capture was soon began the enormous task of compiling assment and Violence at the Military Service that of Adolf Eichmann, one of Hitler’s main evidence against Nazi war criminals. Academies issued a report in June 2005 engineers of his final solution. While Eich- Even before the war ended, Wiesenthal was which recommended that ‘‘Congress should mann’s wife claimed that he was dead, working with the U.S. Army to gather evidence

VerDate Aug 31 2005 04:43 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.045 E20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1903 to be used in future war crimes trials. Our country has improved greatly, but we OUR RESPONSIBILITY TO DE- Wiesenthal also came to the aid of refugees still have work to do in providing access to STROY OUR NATION’S STOCK- who survived the war by serving as the head treatment and eliminating the stigma sur- PILE OF DEADLY CHEMICAL of the Jewish Central Committee of the United rounding chemical dependency. I hope this WEAPONS BY APRIL 2007 States Zone in Austria. This marked the begin- month of awareness will help us accomplish ning of a long career dedicated to pursuing this worthy goal. HON. ROBERT E. ANDREWS those who helped perpetrate the Holocaust. The following is Mr. Ginter’s story: OF NEW JERSEY While the world tried to forget the tragedy IN THE HOUSE OF REPRESENTATIVES that had unfolded through much of Europe, My name is Walter Ginter. I am 56 years old. I own a house in Westport CT. I partici- Tuesday, September 20, 2005 Wiesenthal was determined to keep alive the pate in civic activities, have a subscription memory of its victims. He soon abandoned his to the Westport Country Playhouse, and I Mr. ANDREWS. Mr. Speaker, I rise today to previous life as an architect when the Allies am a registered Republican. Most days, speak about our responsibility to destroy our lost interest in prosecuting war criminals. along with hundreds of other Westport resi- Nation’s stockpile of deadly chemical weapons Wiesenthal himself led the campaign for jus- dents, I commute on Metro North Railroad by April 2007, while also being forthright about tice from his own apartment in Vienna, track- to NYC. I am indistinguishable from the the costs and time required to comply with this ing down Nazis around the globe attempting to other commuters and completely typical in obligation. This is a commitment that we made escape prosecution. Over 1,100 war criminals every way but one. Each day I take medica- to both the American people and the world tion for a chronic medical condition. Taking when the Senate ratified the Chemical Weap- were brought to justice with Wiesenthal’s help, a maintenance medication is hardly atypi- including the architect of the ‘‘Final Solution,’’ cal, I am sure that other commuters take ons Convention (CWC) in 1997. As outlined Adolf Eichmann. maintenance medications. The difference is by statute, Congress retains a continuing over- Wiesenthal’s tireless hunt for Nazi war crimi- that I take a medication to treat my opiate sight role in the CWC’s implementation. nals stemmed from his belief that the world dependence. So far, we’ve destroyed 37 percent of our must never forget the scope of human suf- I first became opiate dependent in 1971, total stockpile of chemical weapons. Without a fering endured during the Holocaust, lest such when I was in the army. I spent much of the doubt, the destruction of these chemical weap- a conflagration take place again in the future. next 20 years in and out of various treatment ons is a complicated and costly process. No He declared: programs in my effort to stop using heroin. one is under the illusion that we will meet the For me, the only treatment that was effec- The history of man is the history of 2007 deadline for complete destruction. Unfor- tive was methadone maintenance. While on crimes, and history can repeat. So informa- tunately, civilian officials in the Department of methadone I got my life together and at- tion is a defense. Through this we can build, Defense have managed, and continue to man- tained the goal promised by the SAMSHA we must build a defense against repetition. matrix, ‘‘a life in the community for every- age, much of this program in a way that has And so he managed to transform the most one.’’ guaranteed that we will not meet our treaty tragic event into a learning experience for all However, every few years, no matter how obligations by the deadline. In fact, we will be of humanity. The Simon Wiesenthal Center well my life was going I felt pressured to hard pressed to meet the five-year extension based in Los Angeles was established to— leave methadone treatment. Sometimes the that we will be forced to apply for in April of through interactive workshops, exhibits, and pressure came from well meaning friends but 2006. More importantly, the Department of De- videos—explore issues of prejudice, diversity, mostly from myself. I felt inadequate, weak; fense continues to mislead Congress and the tolerance, and cooperation in the workplace even cowardly. . . . I tried again and again public about the true financial cost of, and . . . but each time I left methadone treat- time requirements for, complete destruction of and in the community. His idea was that ment I relapsed. teaching respect for people of different race, the remaining two-thirds of our chemical Eventually, through advocacy, I learned religion, color would be a way of preventing weapons. that opiate addiction wasn’t a moral issue or I have become intimately involved with this history from repeating itself. a matter of strength or weakness but pri- Though Wiesenthal is no longer with us, his marily a brain disorder. The reason I did well issue because the Army has proposed to send legacy will be felt for generations to come. In on methadone was because it restored my four million gallons of VX hydrolysate from addition to fighting racism, anti-Semitism, and normal brain function. Newport, Indiana to a DuPont facility in New genocide, the center that bears his name con- Today, I am Director of Training for the Jersey where it would be treated and then tinues to investigate hundreds of surviving war National Alliance of Methadone Advocates. dumped into the Delaware River. I’ve joined criminals who have escaped justice. And of Through training and education we are try- with many of my colleagues from New Jersey course, he reminded us to never forget. ing to end the stigma experienced by pa- and Delaware to shine a brighter light on this tients on medication. Some methadone advo- f illogical proposal. I believe that our involve- cates like to say, ‘‘Methadone is Recovery.’’ ment has provided people who live near the NATIONAL ALCOHOL AND DRUG They are wrong! Methadone is not Recovery. Delaware River and people in Newport with ADDICTION RECOVERY MONTH Recovery has nothing to do with taking medication or not taking medication. Recov- much more information about this proposal ery is living a sober, happy, productive life- than they would have received otherwise. But HON. CHRISTOPHER SHAYS style. However, thousands of methadone pa- we have a long way to go. OF CONNECTICUT tients are living that life and haven’t been At our urging, the Centers for Disease Con- IN THE HOUSE OF REPRESENTATIVES taught anything about recovery. trol and Prevention and the U.S. Environ- That is what recovery advocacy is for me. mental Protection Agency are taking a much Tuesday, September 20, 2005 Teaching and training so that my brothers closer look at this proposal. In April of this Mr. SHAYS. Mr. Speaker, as September is and sisters who take medications can start year they issued a report that could not rec- National Alcohol and Drug Addiction Recovery enjoying life as recovering persons. ommend proceeding with the treatment and Month, I would like to share the story of a resi- disposal at the DuPont facility until EPA’s dent of the Fourth Congressional District, Wal- f noted deficiencies are addressed. EPA’s ter Ginter, who is recovering from a drug ad- ecologic analysis indicated that there are too PERSONAL EXPLANATION diction. many unknowns to determine whether the I recently met with Mr. Ginter and heard of ecologic risk from the discharge of treated VX his struggle to overcome his addiction. In addi- HON. ELTON GALLEGLY hydrolysate to the Delaware River is accept- tion to wanting to call attention to the plight of able. recovering addicts, he was particularly con- OF CALIFORNIA As decisions are being made about how to cerned that as we consider the plight of many IN THE HOUSE OF REPRESENTATIVES deal with hydrolysate at other chemical weap- victims of Hurricane Katrina, we ensure that Tuesday, September 20, 2005 on sites, specifically the Blue Grass Depot in we pay particular attention to those recovering Kentucky and the Pueblo Depot in Colorado, from dependency. Since many are in treat- Mr. GALLEGLY. Mr. Speaker, on Thursday, I find it insightful to juxtapose findings by the ment programs, interruption from these pro- September 15, 2005, I was unable to vote on Department of Defense related to those sites grams can result in setbacks. This is one of agreeing to H. Res. 437, to Establish the Se- with proposals made regarding the hydrolysate the many, many things that we need to con- lect Bipartisan Committee to Investigate the at Newport. The Department of Defense agen- sider as we go forward in rebuilding the lives Preparation for and Response to Hurricane cy responsible for destroying the weapons at of those affected in Louisiana, Mississippi and Katrina (rollcall vote 475). Had I been present, Blue Grass has determined that shipping hy- Alabama. I would have voted ‘‘yea.’’ drolysate off-site isn’t worth the trouble. While

VerDate Aug 31 2005 04:43 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.049 E20SEPT1 E1904 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2005 under perfect conditions, off-site treatment vivors in the United States. Just this past bers to German brutality. After escaping sev- could potentially offer cost and time savings, weekend I stood with many of those survivors eral near-death situations himself, in 1945 the conditions involved with the destruction of and several of their liberators in Skokie, Illinois Simon Wiesenthal was liberated by American chemical weapons are far from perfect. to celebrate the 60th anniversary of the libera- forces from the concentration camp of With respect to Newport, the battle over off- tion of the Nazi concentration camps. As the Mauthausen in Austria. site disposal has added at least three years conscience and voice for not only the Holo- After almost giving up, Simon Wiesenthal and an indeterminable amount of taxpayer caust’s 6,000,000 Jewish victims but for the regained his strength and redefined his life’s money to the final completion and cost of de- millions of others who were murdered by the task as a quest for justice. He did not vow to struction of the 1,200 tons of VX stored there. Nazis as well, Wiesenthal was and will always fight for vengeance. Instead, the goal of his I have repeatedly called for the release of a remain a hero to our community. noble cause was to create a historical memory detailed cost-benefit analysis of various de- When Simon Wiesenthal was asked why he that would prevent any repetition of the hor- struction options for the VX hydrolysate at chose to pursue the Nazi criminals and, bring rible atrocities committed during the Holo- Newport, but the Department of Defense re- them to justice, Wiesenthal responded, ‘‘You caust. fuses to provide this information. Recently the believe in God and life after death. I also be- He was instrumental in tracking down fugi- Department of Defense stated that one option lieve. When we come to the other world and tive Nazis, and a significant component of his for treating the VX hydrolysate, supercritical meet the millions of Jews who died in the mission was to pressure governments around water oxidation, would add $300 million and camps and they ask us, ‘What have you the world to continue their pursuit and perse- an additional two years. But they provide ab- done?’, there will be many answers. You will cution of war criminals. The Simon Wiesenthal solutely no supporting evidence of this claim. say, ‘I became a jeweler.’ Another will say, I Center, an international Jewish human rights In fact, some say that this method would cost have smuggled coffee and American ciga- organization dedicated to preserving the mem- $30 to $35 million and could be up and run- rettes.’ Another will say, ‘I built houses.’ But I ory of the Holocaust carries on his legacy. ning in a year. Another key fact going will say, ‘I didn’t forget you’.’’ Simon Wiesenthal was committed to the re- unmentioned is that VX would continue to be When the Holocaust came to an end, Simon membrance of those who he feared would be neutralized while an on-site hydrolysate treat- Wiesenthal never forgot. And because he be- forgotten, and today we become committed to ment facility is built. After all isn’t neutralization came the leading representative of the victims, remembering him. While in Vienna in 1993, of the VX the most important thing we want to determined to bring the perpetrators of his- Simon Wiesenthal said, ‘‘To young people accomplish? I call on the Department of De- tory’s greatest crime to justice, we will never here, I am the last. I’m the one who can still fense to provide a detailed justification of this forget Simon Wiesenthal. Many have noted speak. After me, it’s history.’’ To continue his $300 million dollar claim in addition to why that the heinous acts of the Holocaust, for mission, we must not forget this history. We they think it would add two years to final de- their scale and brutality, make real justice for must continue to fight for the same principles struction. victims and survivors impossible. No punish- that defined Simon Wiesenthal’s objective. It is For too long the decision making process ment, even death for those Nazi criminals who troubling that even today one of the most no- for the destruction of our chemical weapons were later apprehended, could match the hor- torious sentiments of the Second World War— has been a closed process that hasn’t ade- rific misery suffered by Hitler’s victims. But, anti-Semitism—has yet to be eradicated. It is quately considered the opinions of affected nonetheless, Simon Wiesenthal’s work, his our duty to combat anti-Semitism and all reli- communities. I call on Congress to tighten its tireless pursuit of the last century’s most ab- gious bigotry whenever and wherever it arises. oversight of this program and demand a de- horrent criminals, brought a measure of justice When asked why he chose to search for tailed justification of all possible ways to de- and a measure of peace to the Jewish com- Nazi war criminals instead of continuing a ca- stroy chemical weapon hydrolysate at New- munity. Most importantly, he was a reminder reer in architecture, Simon Wiesenthal re- port, Blue Grass and Pueblo. Those commu- that ‘‘Never Forget’’ is not a guarantee, but a sponded: ‘‘You’re a religious man. You believe nities have suffered long enough with the pledge, one for which we all share responsi- in God and life after death. I also believe. presence of these deadly weapons. We must bility. Mr. Wiesenthal’s work reminded the When we come to the other world and meet demand a much better justification of why we world that crimes against humanity left the millions of Jews who died in the camps should expose new communities to this risk. unpunished, will be repeated. With the passing and they ask us, ‘What have you done?’ there As seen by the frustrating and problematic of Simon Wiesenthal, the world now has an will be many answers. You will say, ‘I became path that the Department of Defense has fol- additional responsibility to embrace the les- a jeweler.’ Another will say, ‘I smuggled coffee lowed in Newport since September 11, 2001, sons of the Holocaust and fight hatred and in- and American cigarettes.’ Still another will say, the stubborn pursuit of off-site disposal of hy- tolerance wherever it exists. ‘I built houses,’ but I will say, ‘I didn’t forget drolysate has resulted in longer exposure to f you.’’’ the threat of chemical weapons in our country And today, we must unite to say that we will while preventing us from meeting our treaty REMEMBERING THE LIFE AND not forget Simon Wiesenthal and we, as obligations. It is past due for Congress to take HONORING THE LEGACY OF strong and responsible human beings, will a much more active role in exercising its Con- SIMON WIESENTHAL carry forth his mission. stitutional responsibility of oversight of this ef- fort. HON. RUSH D. HOLT f OF NEW JERSEY f SOUTH CAROLINA ENDURES IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO SIMON WIESENTHAL TRAGIC LOSSES Tuesday, September 20, 2005 HON. JANICE D. SCHAKOWSKY Mr. HOLT. Mr. Speaker, today we mourn HON. JOE WILSON OF ILLINOIS the passing of Simon Wiesenthal, a man who OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES dedicated his life to the search of fugitive Nazi IN THE HOUSE OF REPRESENTATIVES war criminals. The ideals of truth and justice Tuesday, September 20, 2005 guided his effort to fight anti-Semitism and as Tuesday, September 20, 2005 Ms. SCHAKOWSKY. Mr. Speaker, I rise to we mourn, we are reminded of our commit- Mr. WILSON of South Carolina. Mr. Speak- commemorate Simon Wiesenthal, who passed ment to these ideals as part of our duty to hu- er, on Wednesday, September 14, 2005, the away last night at the age of 96. Wiesenthal, manity. people of South Carolina endured a tragic loss a Holocaust survivor, was responsible for Simon Wiesenthal was born on December in an auto accident killing Circuit Judge Marc bringing over 1,100 Nazi war criminals to jus- 31, 1908 in Buczacz, Galicia, then part of the Westbrook and his law clerk, Randall Davis, tice. Equally as important, he played a major Austro-Hungarian Empire and now part of Jr. The following obituaries are from The State roll in the founding of the Simon Wiesenthal Ukraine. He received a degree in architectural newspaper of Columbia, South Carolina, on Center in Los Angeles and the world re- engineering in 1932 from the Technical Uni- September 16, 2005. South Carolina will al- nowned Museum of Tolerance, which works versity of Prague, and in 1936 he began work- ways cherish their memories. diligently for the defense of human rights and ing at an architectural office in Lvov; he did JUDGE MARC H. WESTBROOK the Jewish people. not, however, continue his career in architec- Services for Judge Marc H. Westbrook, 58, The work of Mr. Wiesenthal is especially im- ture. Three years later, with the partition of of West Columbia, South Carolina, will be portant to my district which is home to one of Poland and the flood of the Red Army in Lvov, held at 3 p.m. Sunday, September 18, 2005, at the largest concentrations of Holocaust sur- Simon Wiesenthal began losing family mem- Springdale Baptist Church, officiated by

VerDate Aug 31 2005 04:43 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A20SE8.053 E20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1905 Rev. Tommy McGill. Burial will follow in newly constructed Lexington County Judi- HONORING EDWARDSVILLE POLICE Southland Memorial Gardens. Former law cial Center was named in honor of Judge OFFICER CHARLES KOHLBERG clerks who served with Judge Westbrook will Westbrook. act as pallbearers including Kelly Shull Can- non, Sara Cobb, Eric Dell, John Frick, Cary Surviving, in addition to his father, T.H. HON. JOHN SHIMKUS Westbrook of Cayce, are his wife, Linda Goings, Tasha Stringer Grinnell, Carson M. OF ILLINOIS Lawhon Westbrook of West Columbia; sons Henderson, Candace Jackson, Brian Jeffcoat, IN THE HOUSE OF REPRESENTATIVES Lynn Seithel Jekel, Michelle Lupton, Ervin and daughter-in-law, Thad H. and Christy Maye, Daun Steigner, Jane Waters and Alan Westbrook of Irmo, Richard N. Westbrook of Tuesday, September 20, 2005 Wilson. Members of the South Carolina Judi- Hilton Head Island; sisters and brothers-in- Mr. SHIMKUS. Mr. Speaker, I rise today to ciary will serve as honorary pallbearers. The law, Dottie W. and Mark Luyster of Lex- honor Edwardsville Police Officer Charles family will receive friends from 6–8 p.m. Sat- ington, Anna W. and Cotton McLeod of West urday, September 17, at Lexington County Kohlberg. Columbia; brothers and sisters-in-law, The Officer Kohlberg recently took heroic actions Judicial Center, 205 E. Main St., Lexington. Rev. Dr. Charles Norris and Jane Westbrook, Thompson Funeral Home of Lexington is to save the life of 18-year-old Megan Few. currently of Thailand, Neal Randal and handling arrangements. Miss Few’s airway became obstructed as she Laura Westbrook of Asheville, NC; grand- Memorials may be made to Springdale was eating lunch at Edwardsville High School. daughter, Abigail Caroline Westbrook; a Baptist Church, 357 Wattling Road, West Co- Officer Kohlberg applied the Heimlich maneu- number of nieces and nephews; and several lumbia, SC 29169. ver and saved Miss Few’s life. Judge Westbrook died Wednesday, Sep- great nieces and nephews. Judge Westbrook tember 14, 2005. He was born on October 3, was predeceased by a brother, James Tim- Along with the Few family and the City of 1946, in Charleston, South Carolina, to T.H. othy Westbrook. Edwardsville, I am pleased to extend my grati- Westbrook and the late Margaret Virginia tude and appreciation to Officer Kohlberg for Wynn Westbrook. Judge Westbrook was RANDALL DAVIS, JR. his heroic efforts. May God bless. graduated from T.L. Hanna High School in Services for James Randall Davis, Jr., 27, f Anderson in 1964, Anderson Junior College in of Lexington, SC, will be held at 10:00 a.m. 1966, the University of South Carolina in PROVIDING FOR CONSIDERATION 1969, and the University of South Carolina Saturday, September 17, 2005, at St. Peter’s Catholic Church, officiated by Msgr. Leigh OF H.R. 889, COAST GUARD AND School of Law in 1973. He was active in nu- MARITIME TRANSPORTATION merous activities in undergraduate school, A. Lehocky. Burial will follow in Woodridge and in law school he participated in the Na- Memorial Park. Pallbearers will be James E. ACT OF 2005 tional Moot Court Competition. Barfield, Nikki G. Setzler, Timothy G. He was in private practice from 1973–1983. Driggers, Erik Hoffman, Matt McMahon and SPEECH OF During that time, he was active in local Eric Shell. Honorary pallbearers will be HON. TIMOTHY H. BISHOP community affairs. He served as President of George S. Nicholson, Jr., Patrick J. Frawley, OF NEW YORK the Heart Association; P.T.A. President and Jeff M. Anderson, Carey M. Ayer, John F. Executive Committeeman; Director for the Fisher, Judith Callison Fisher, Lisa Lee IN THE HOUSE OF REPRESENTATIVES Council on Child Abuse and Neglect; and Smith and John J. McCauley. The family Thursday, September 15, 2005 President and coach for Dixie Youth and Dixie Boys Baseball. will receive friends from 6–8 p.m. Friday at Mr. BISHOP of New York. Mr. Chairman, I Judge Westbrook was a charter member of Thompson Funeral Home of Lexington. Me- rise in support of the amendment offered by morials may be made to St. Peter’s Catholic the West Metro Rotary Club, and former the gentleman from Massachusetts (Mr. MAR- member of the Jaycees, Lions’ Club, Church Parish Life Center; the American KEY) requiring the U.S. Coast Guard to con- Sertoma, Woodmen of the World, and the Heart Association; or to the University of duct a comprehensive risk assessment of wa- Masons. He also served on the Central Mid- South Carolina Law School Scholarship lands Regional Planning Council; the Gov- Fund. terfront facilities transferring liquefied gas, ernor’s Advisory Committee on Intergovern- LNG, and proposed shipping routes for LNG Mr. Davis died Wednesday, September 14, mental Relations; the Lexington County tankers. I appreciate Mr. MARKEY’s leadership Hospital Advisory Board; the Anderson Col- 2005. Born in Columbia, SC, he was the son of and advocacy for the safety and welfare of lege Board of Directors; and was an Anderson James Randall Davis, Sr. and the late Anita Americans potentially affected by ‘‘siting’’ or College Distinguished Young Alumnus. Eleanor Kozlowski Davis. He was a graduate expanding floating and shore-based LNG ter- Judge Westbrook was chairman of the of Lexington High School and the University minals. Chief Justice’s Committee on Circuit Court of South Carolina. Mr. Davis was a third Importantly, the Markey amendment does Technology and the High School Mock Trial year law student at Thomas Cooley Law sub-committee for the South Carolina Bar. School in Michigan. He was a law clerk for not refute the need for more LNG terminals or He was a member of the Joint Commission Circuit Judge Marc Westbrook, the Nichol- a greater supply of natural gas. Rather, the on ADR (1997–2003), presided over Lexington son Law Firm in Lexington, and the Nexsen- amendment simply requires an assessment of County Drug Court, and served as chairman Pruet Law Firm in Charleston. Mr. Davis whether terminals are safely located and suffi- of the Planning Committee for the Lex- served as a page for four years in the S.C. ciently remote from city centers and highly ington County Judicial Center Building populated areas. It also directs terminal own- Project. Senate for Senator Nikki Setzler. He also Judge Westbrook was a member of Spring- worked for the National Advocacy Center in ers and operators how to best mitigate risks. dale Baptist Church since 1973. During that Columbia. Mr. Davis was a member of St. Pe- The Coast Guard is a firm pillar of our time he had served as a Deacon and was cur- ter’s Catholic Church. homeland security and national security de- rently serving as the church’s interim Music Randall loved his family and was espe- fenses. It is therefore uniquely prepared to as- Director. Judge Westbrook also served as cially devoted to his grandparents. He en- sess the risk of siting LNG terminals upon our Music Director for several other local Nation’s waterways and shorelines. Well- churches. He participated with the Lex- joyed the beach and dearly loved his ani- mals. He always had a smile for everyone he versed in the safety and security needs of our ington Baptist Association as Music Director local ports and harbors, we must build upon and as a member of the Executive Com- met. the Coast Guard’s success as the trusted mittee, and was a former member of the Pal- Surviving, in addition to his father, Randy metto Mastersingers. Davis of Lexington, are his sister, Julie steward of our shores. Prior to taking the bench, Judge Davis of Lexington; maternal grandmother, Accordingly, Mr. Chairman, the Markey Westbrook was elected in 1976 as the young- Louise Kozlowski of Springdale; uncles and amendment gives the Coast Guard the right to est member of Lexington County Council, aunts, Terry and Susan Darby, Kenneth and challenge the safety of an LNG proposal dur- and is still the youngest person to serve as Chris Davis; cousins, Claire Darby, Elizabeth ing the siting or expansion process. To that Chairman of that body. In 1978, he was elect- end, I strongly encourage my colleagues to ed to the South Carolina House of Represent- and Kenny Davis; and numerous relatives in atives from Lexington County, where he South Carolina, New York, and Germany. vote for the Markey amendment in order to served until his appointment as a Family Mr. Davis was preceded in death by his pa- give the Coast Guard the last word in terminal Court Judge in 1983. Judge Westbrook was ternal grandparents, Kenneth L. and Mildred siting and thereby maximize Federal prepared- elected to the Circuit Court in 1994. On Feb- C. Davis; and his maternal grandfather, ness against possible accidents or terrorist at- ruary 22, 2005, the main courtroom in the Stanley V. Kozlowski. tacks upon LNG terminals.

VerDate Aug 31 2005 04:43 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.056 E20SEPT1 Tuesday, September 20, 2005 Daily Digest Senate Bennett Amendment No. 1752, to establish a Chamber Action demonstration intermediate relending program for Routine Proceedings, pages S10203–10246 the construction and rehabilitation of housing for the Measures Introduced: Twelve bills and one resolu- Choctaw Nation. Page S10218 tion were introduced, as follows: S. 1726–1737, and Akaka Amendment No. 1729, to prohibit Federal S. Con. Res. 53. Pages S10233–34 funding of research facilities that purchase animals from Class-B dealers. Pages S10220, S10221–23 Agriculture Appropriations: Senate continued con- Akaka Amendment No. 1730, to ensure the hu- sideration of H.R. 2744, making appropriations for mane slaughter of nonambulatory livestock. Agriculture, Rural Development, Food and Drug Page S10221 Administration, and Related Agencies for the fiscal Bennett/Kohl Amendment No. 1726, to amend year ending September 30, 2006, taking action on the Rural Electrification Act of 1936. Page S10223 the following amendments proposed thereto: Talent/Pryor Amendment No. 1763, to prohibit Pages S10210–14, S10215–27 the use of funds to close or relocate certain local of- Adopted: fices of the Farm Service Agency. Page S10224 Allard Amendment No. 1738, to express the sense By 68 yeas to 29 nays (Vote No. 237), Ensign of the Senate on the importation into the United Modified Amendment No. 1753, to prohibit the use States of beef from Japan. Pages S10212–14 of appropriated funds to pay the salaries or expenses By 72 yeas to 26 nays (Vote No. 236), Reid (for of personnel to inspect horses under certain authority Nelson (NE)) Amendment No. 1732, to prohibit the or guidelines. Pages S10224–25 use of funds for developing a final rule with respect Roberts Amendment No. 1742, to modify the to the importation of beef from Japan. conditions under which the Federal Crop Insurance Pages S10210–14 Corporation may offer crop insurance to single pro- Allard Modified Amendment No. 1737, to allow ducers. Page S10225 the Secretary to lease certain land to the Board of Kohl (for Harkin) Amendment No. 1765, to re- Governors of the Colorado State University System quire the Secretary of Agriculture to provide notice for its Shortgrass Steppe Biological Field Station. to Congress before initiating any structural change Page S10214 in a mission area of the Department. Page S10225 Durbin (for Reid) Amendment No. 1747, to pro- Kohl (for Pryor) Amendment No. 1766, to pro- vide for minimum prices for milk handlers. vide a technical correction for the community eligi- Pages S10215–16 bility for rural utilities programs in Arkansas. Durbin (for Inouye) Amendment No. 1748, to Pages S10225–27 limit the use of funds made available to the Animal A unanimous-consent agreement was reached pro- and Plant Health Inspection Service. Page S10216 viding that all first-degree amendments, except those Durbin Amendment No. 1749, to insert provi- cleared by the managers of the bill, be filed by 4 sions related to conflicts of interest among members p.m. on Wednesday, September 21, 2005. of advisory panels of the Food and Drug Administra- Page S10227 tion. Pages S10216–17 A unanimous-consent agreement was reached pro- Bennett Amendment No. 1750, to provide for the viding for further consideration of the bill at ap- conveyance of land to the Mississippi State Univer- proximately 10:30 a.m. on Wednesday, September sity, Starkville. Page S10217 21, 2005. Page S10246 Bennett Amendment No. 1751, to provide for a Messages From the House: Page S10232 comprehensive report on the economic development and current status of the sheep industry in the Measures Placed on Calendar: Page S10232 United States. Page S10218 Executive Communications: Pages S10232–33 D935

VerDate Aug 31 2005 05:02 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D20SE5.REC D20SEPT1 D936 CONGRESSIONAL RECORD — DAILY DIGEST September 20, 2005

Additional Cosponsors: Pages S10234–35 CLIMATE CHANGE Statements on Introduced Bills/Resolutions: Committee on Energy and Natural Resources: Committee Pages S10235–41 concluded a hearing to examine climate change Additional Statements: Pages S10231–32 science and economics, focusing on the current state of climate change scientific research and the econom- Amendments Submitted: Pages S10241–45 ics of strategies to manage climate change, including Notices of Hearings/Meetings: Page S10245 the relationship between energy consumption and Authority for Committees to Meet: climate change, and the potential effects on the U.S. Pages S10245–46 economy of climate change and strategies to control greenhouse gas emissions, after receiving testimony Record Votes: Two record votes were taken today. from Howard Gruenspecht, Deputy Administrator, (Total—237) Pages S10213–14, S10224–25 Energy Information Administration, Department of Adjournment: Senate convened at 9:45 a.m., and Energy; Anne E. Smith, CRA International, Boston, adjourned at 6:36 p.m., until 9:30 a.m., on Wednes- Massachusetts; and Jason S. Grumet, National Com- day, September 21, 2005. (For Senate’s program, see mission on Energy Policy, and Richard D. the remarks of the Acting Majority Leader in today’s Morgenstern, Resources for the Future, both of Record on page S10246.) Washington, D.C. LATIN AMERICA Committee Meetings Committee on Foreign Relations: Subcommittee on (Committees not listed did not meet) Western Hemisphere, Peace Corps and Narcotics Af- fairs concluded a hearing to examine the diplomatic, political, and eoconomic consequences of the emer- NOMINATIONS gence of China in Latin America and the Caribbean, Committee on Banking, Housing, and Urban Affairs: including military-to-military contacts, and national Committee concluded a hearing to examine the security implications for the United States, after re- nominations of Emil W. Henry, Jr., of New York, ceiving testimony from Charles S. Shapiro, Principal to be Assistant Secretary for Financial Institutions, Deputy Assistant Secretary, Bureau of Western who was introduced by Representative Kelly, and Hemisphere Affairs, and Robert Forden, Deputy Di- Patrick M. O’Brien, of Minnesota, to be Assistant rector for China and Mongolian Affairs, Bureau of Secretary for Terrorist Financing, who was intro- East Asian and Pacific Affairs, both of the Depart- duced by Senator Hatch, both of the Department of ment of State; Rogelio Pardo-Maurer IV, Deputy As- the Treasury, after the nominees testified and an- sistant Secretary of Defense for Western Hemisphere swered questions in their own behalf. Affairs; and Stephen C. Johnson, The Heritage Foun- dation, David M. Lampton, Johns Hopkins Univer- HURRICANE PREDICTION AND sity Paul H. Nitze School of Advanced International PREPARATION Studies, and Gal Luft, Institute for the Analysis of Committee on Commerce, Science, and Transportation: Sub- Global Security, all of Washington, D.C. committee on Disaster Prevention and Prediction concluded a hearing to examine the prediction of EMINENT DOMAIN Hurricane Katrina and the work of the National Committee on the Judiciary: Committee concluded a Hurricane Center, focusing on the role in fore- hearing to examine the impact of the Supreme casting, warning the public about hurricanes, and Court’s decision in Kelo v. City of New London on the essential role and activities following landfall, the use of eminent domain for economic develop- after receiving testimony from Max Mayfield, Direc- ment purposes, including a related measure S. 1313, tor, Tropical Prediction Center/National Hurricane to protect homes, small businesses, and other private Center, National Weather Service, National Oceanic property rights, by limiting the power of eminent and Atmospheric Administration, Department of domain, after receiving testimony from Senator Commerce; Windell Curole, South Lafourche Levee Cornyn; Mayor Eddie A. Perez, Hartford, Con- District, Gallino, Louisiana; Marc L. Levitan, Lou- necticut, on behalf of the National League of Cities; isiana State University Hurricane Center, Baton Fred Jenkins, St. Luke’s Pentecostal Church, North Rouge; Keith G. Blackwell, University of South Ala- Hempstead, New York; Hilary O. Shelton, NAACP, bama Coastal Weather Research Center, Mobile; and Washington, D.C.; Thomas W. Merrill, Columbia C. Patrick Roberts, Florida Association of Broad- University Law School, New York, New York; Ste- casters, Tallahassee. ven J. Eagle, George Mason University School of

VerDate Aug 31 2005 05:02 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D20SE5.REC D20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D937 Law, Arlington, Virginia; and Susette Kelo, New mittee on Veterans’ Affairs to receive the legislative London, Connecticut. priorities of the American Legion, focusing on budg- etary recommendations for the Department of Vet- AMERICAN LEGION erans Affairs for FY 2006, after receiving testimony Joint Hearings: Senate Committee on Veterans’ Affairs from Thomas L. Bock, American Legion, Aurora, concluded a joint hearing with the House Com- Colorado. h House of Representatives waiver authority of the Secretary of Education with Chamber Action respect to student financial assistance during a war Public Bills and Resolutions Introduced: 14 pub- or other military operation or national emergency; lic bills, H.R. 3826–3839; 1 private bill, H.R. Pages H8111–12 3840; and 7 resolutions, H.J. Res. 64–65 ; H. Con. Res. 246–248; and H. Res. 452–453 were intro- Higher Education Extension Act of 2005: H.R. 3784, amended, to temporarily extend the programs duced. Pages H8161–62 under the Higher Education Act of 1965; Additional Cosponsors: Pages H8162–64 Pages H8112–15 Reports Filed: Reports were filed today as follows: Extending through December 31, 2007, the au- A Citizen’s Guide on Using the Freedom of Infor- thority of the Secretary of the Army to accept and mation Act and the Privacy Act of 1974 to Request expend funds contributed by non-Federal public Government Records (Rept. 109–226); and H. Res. entities to expedite the processing of permits: H.R. 451, providing for consideration of the bill (H.R. 3765, to extend through December 31, 2007, the 250) to establish an interagency committee to co- authority of the Secretary of the Army to accept and ordinate Federal manufacturing research and develop- expend funds contributed by non-Federal public en- ment efforts in manufacturing, strengthen existing tities to expedite the processing of permits; programs to assist manufacturing innovation and education, and expand outreach programs for small Pages H8115–16 and medium-sized manufacturers (H. Rept. Sportfishing and Recreational Boating Safety 109–227). Page H8128 Amendments Act of 2005: Agree to the Senate Speaker: Read a letter from the Speaker wherein he amendment to H.R. 3649, to ensure funding for appointed Representative Marchant to act as Speaker sportfishing and boating safety programs funded out of the Highway Trust Fund through the end of fiscal pro tempore for today. Page H8103 year 2005; clearing the measure for the President; Recess: The House recessed at 12:46 p.m. and re- Pages H8116–17 convened at 2 p.m. Page H8105 Sierra National Forest Land Exchange Act of Chaplain: The prayer was offered today by Rev. 2005: H.R. 409, to provide for the exchange of land Donald J. Young, Pastor, 12th Street Baptist within the Sierra National Forest of California; Church, Gadsden, Alabama. Page H8105 Pages H8117–18 Suspensions: The House agreed to suspend the rules Directing the Secretary of the Interior to conduct and pass the following measures: a boundary study to evaluate the significance of Flexibility for Displaced Workers Act: H.R. the Colonel James Barrett Farm in the Common- 3761, amended, to provide special rules for disaster wealth of Massachusetts and the suitability and relief employment under the Workforce Investment feasibility of its inclusion in the National Park Act of 1998 for individuals displaced by Hurricane System as part of the Minute Man National His- Katrina, by a yea-and-nay vote of 400 yeas with torical Park: H.R. 394, amended, to direct the Sec- none voting ‘‘nay’’, Roll No. 476; retary of the Interior to conduct a boundary study Pages H8108–10, H8126–27 to evaluate the significance of the Colonel James Extending the waiver authority of the Secretary Barrett Farm in the Commonwealth of Massachusetts of Education with respect to student financial as- and the suitability and feasibility of its inclusion in sistance during a war or other military operation the National Park System as part of the Minute Man or national emergency: H.R. 2132, to extend the National Historical Park; Pages H8118–19

VerDate Aug 31 2005 05:02 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D20SE5.REC D20SEPT1 D938 CONGRESSIONAL RECORD — DAILY DIGEST September 20, 2005 Amending the Pittman-Robertson Wildlife Res- Senate Message: Message received from the Senate toration Act to extend the date after which surplus today appears on page H8105. funds in the wildlife restoration fund become Quorum Calls—Votes: Two yea-and-nay votes de- available for apportionment: S. 1340, a bill to veloped during the proceedings of the House today amend the Pittman-Robertson Wildlife Restoration and appear on pages H8127, H8127–28. There were Act to extend the date after which surplus funds in no quorum calls. the wildlife restoration fund become available for ap- portionment; clearing the measure for the President; Adjournment: The House met at 12:30 p.m. and Pages H8119–20 adjourned at 11:58 p.m. Recognizing Space Shuttle Commander Eileen Collins, Mission Specialist Wendy Lawrence, and Committee Meetings the contributions of all other women who have RESOLUTION—DIRECTING DEFENSE worked with NASA following the successful mis- SECRETARY TO TRANSIT TO THE HOUSE sion of Space Shuttle Discovery on STS–114: H. DOCUMENTS RELATING TO DISCLOSURE Res. 450, amended, recognizing Space Shuttle Com- OF THE IDENTITY OF VALERIE PLAME mander Eileen Collins, Mission Specialist Wendy Committee on Armed Services: Ordered adversely re- Lawrence, and the contributions of all other women ported H. Res. 417, Directing the Secretary of De- who have worked with NASA following the success- fense to transmit to the House of Representatives ful mission of Space Shuttle Discovery on STS–114; not later than 14 days after the date of the adoption and Pages H8120–23 of this resolution documents in the possession of the Congratulating the National Aeronautics and Secretary of Defense relating to the disclosure of the Space Administration and the Discovery crew: H. identity and employment of Ms. Valerie Plame. Res. 441, to congratulate the National Aeronautics MICROENTERPRISE RESULTS AND and Space Administration and the Discovery crew of ACCOUNTABILITY ACT IMPLEMENTATION Commander Eileen Collins, Pilot Jim Kelly, Mission Specialist Charlie Camarda, Mission Specialist Committee on International Relations: Subcommittee on Wendy Lawrence, Mission Specialist Soichi Noguchi, Africa, Global Human Rights and International Op- Mission Specialist Steve Robinson, and Mission Spe- erations held a hearing entitled ‘‘Implementing the cialist Andy Thomas on the successful completion of Microenterprise Results and Accountability Act of their 14-day test flight to the International Space 2004.’’ Testimony was heard from James T. Smith, Station for the first step of the Vision for Space Ex- Acting Assistant Administrator, U.S. Agency for ploration, begun from the Kennedy Space Center, International Development, Department of State; and Florida, on July 26, 2005, and completed at Ed- public witnesses. wards Air Force Base, California, on August 9, 2005. MANUFACTURING TECHNOLOGY This historical mission represented a great step for- COMPETITIVENESS ACT OF 2005 ward into the new beginning of the Second Space Committee on Rules: granted, by voice vote, a struc- Age, by a yea-and-nay vote of 441 yeas with none tured rule providing 1 hour of general debate on voting ‘‘nay’’, Roll No. 477. Pages H8123–26, H8127–28 H.R. 250, to establish an interagency committee to Agreed to amend the title so as to read ‘‘to con- coordinate Federal manufacturing research and devel- gratulate the National Aeronautics and Space Ad- opment efforts in manufacturing, strengthen existing ministration and the Discovery crew of Commander programs to assist manufacturing innovation and Eileen Collins, Pilot Jim Kelly, Mission Specialist education, and expand outreach programs for small Charlie Camarda, Mission Specialist Wendy Law- and medium-sized manufacturers, and for other pur- rence, Mission Specialist Soichi Noguchi, Mission poses, equally divided and controlled by the chair- Specialist Steve Robinson, and Mission Specialist man and ranking minority member of the Com- Andy Thomas on the successful completion of their mittee on Science. The rule waives all points of order 14-day test flight to the International Space Station against consideration of the bill. The rule provides for the first step of the Vision for Space Exploration, that the amendment in the nature of a substitute begun from the Kennedy Space Center, Florida, on recommended by the Committee on Science now July 26, 2005, and completed at Edwards Air Force printed in the bill shall be considered as an original Base, California, on August 9, 2005, which historical bill for the purpose of amendment and shall be con- mission represented a great step forward into the sidered as read. The rule waives all points of order new beginning of the Second Space Age’’. Page H8128 against the committee amendment in the nature of Recess: The House recessed at 4:29 p.m. and recon- a substitute. The rule makes in order only those vened at 6:30 p.m. Page H8126 amendments printed in the Rules Committee report

VerDate Aug 31 2005 05:02 Sep 21, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D20SE5.REC D20SEPT1 September 20, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D939 accompanying the resolution. The rule provides that Committee on Environment and Public Works: Sub- the amendments printed in the report may be of- committee on Fisheries, Wildlife, and Water, to hold fered only in the order printed in the report, may hearings to examine the Endangered Species Act and the be offered only by a Member designated in the re- role of States, Tribes and local governments, 9:30 a.m., port, shall be considered as read, shall be debatable SD–406. for the time specified in the report equally divided Committee on Foreign Relations: to hold hearings to exam- ine the nominations of Thomas A. Shannon, Jr., of Vir- and controlled by the proponent and an opponent, ginia, to be an Assistant Secretary of State for Western shall not be subject to amendment, and shall not be Hemisphere Affairs, Charles A. Ford, of Virginia, to be subject to a demand for a division of the question Ambassador to the Republic of Honduras, Mark in the House or in the Committee of the Whole. Langdale, of Texas, to be Ambassador to the Republic of The rule waives all points of order against the Costa Rica, and Brenda LaGrange Johnson, of New York, amendments printed in the report. Finally, the rule to be Ambassador to Jamaica, 2:30 p.m., SD–419. provides one motion to recommit with or without Committee on Homeland Security and Governmental Affairs: instructions. to hold hearings to examine what lessons have been learned to secure U.S. transit systems relating to the Lon- SCHOOL READINESS ACT OF 2005 don terrorist attacks, 10 a.m., SD–342. Committee on Rules: Testimony was heard from Chair- Committee on Indian Affairs: to hold an oversight hear- man Boehner and Representatives Castle, Souder, ing to examine Indian gaming, 9:30 a.m., SR–325. Musgrave, Boustany, Davis of Illinois, McCollum, Committee on the Judiciary: to hold hearings to examine Van Hollen, Waters and Jones of Ohio, but action able danger and intelligence information sharing, 9:30 was deferred on H.R. 2123, School Readiness Act of a.m., SD–226. 2005. House f Committee on Armed Services, Threat Panel, hearing on NEW PUBLIC LAWS threats in Latin America, 10 a.m., 2118 Rayburn. Committee on Government Reform, Subcommittee on Gov- (For last listing of Public Laws, see DAILY DIGEST, p. D 900) ernment Management, Finance, and Accountability, hear- H.R. 804, to exclude from consideration as in- ing entitled ‘‘Implementing Cost Accounting at the De- come certain payments under the national flood in- partment of Veterans Affairs and the Department of surance program. Signed on September 20, 2005. Labor,’’ 2 p.m., 2247 Rayburn. (Public Law 109–64) Committee on International Relations, Subcommittee on H.R. 3669, to temporarily increase the borrowing Asia and the Pacific, hearing entitled ‘‘The United States authority of the Federal Emergency Management and Southeast Asia: Developments, Trends, and Policy Agency for carrying out the national flood insurance Choices, 10:30 a.m., 2172 Rayburn. program. Signed on September 20, 2005. (Public Subcommittee on Middle East and Central Asia, hear- ing entitled ‘‘The Middle East Peace Process and U.S. Law 109–65) Strategic Priorities Post-Disengagement,’’ 2 p.m., 2172 f Rayburn. Committee on Resources, hearing on H.R. 3824, Threat- COMMITTEE MEETINGS FOR WEDNESDAY, ened and Endangered Species Recovery Act of 2005, SEPTEMBER 21, 2005 10:30 a.m., 1324 Longworth. (Committee meetings are open unless otherwise indicated) Committee on Small Business, hearing entitled ‘‘Reform- ing the Tax Code to Assist Small Businesses,’’ 2 p.m., Senate 2360 Rayburn. Committee on Agriculture, Nutrition, and Forestry: to hold Committee on Transportation and Infrastructure, Sub- hearings to examine the status of the World Trade Orga- committee on Railroads, oversight hearing on Amtrak nization negotiations on agriculture, 9 a.m., SR–328A. Reform Proposals, 10 a.m., 2167 Rayburn. Committee on Commerce, Science, and Transportation: to Permanent Select Committee on Intelligence, Subcommittee hold hearings to examine energy prices, 9:30 a.m., on Technical and Tactical Intelligence, and the Sub- SD–562. committee on Terrorism, Human Intelligence, Analysis Full Committee, to hold hearings to examine energy and Counterintelligence, executive, joint hearing on prices, 2:30 p.m., SD–562. Global Missile Threats, 1 p.m., H–405 Capitol.

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Next Meeting of the SENATE placement in National Statuary Hall; (2) S. 1368, United 9:30 a.m., Wednesday, September 21 States Parole Commission Extension and Sentencing Com- mission Authority Act of 2005; (3) H.R. 3667, to des- ignate the facility of the United States Postal Service lo- Senate Chamber cated at 200 South Barrington Street in Los Angeles, California, as the ‘‘Karl Malden Station’’; (4) H.R. 3767, Program for Wednesday: After the transaction of any to designate the facility of the United States Postal Serv- morning business (not to extend beyond 60 minutes), ice located at 2600 Oak Street in St. Charles, Illinois, as Senate will continue consideration of H.R. 2744, Agri- the ‘‘Jacob L. Frazier Post Office Building’’; (5) H. Res. culture Appropriations. 429, congratulating the West Oahu Little League Base- ball team for winning the 2005 Little League Baseball Next Meeting of the HOUSE OF REPRESENTATIVES World Series; and (6) H.J. Res. 61, supporting the goals and ideals of Gold Star Mothers Day. Consideration of 10 a.m., Wednesday, September 21 H.R. 250, to establish an interagency committee to co- ordinate Federal manufacturing research and development efforts in manufacturing, strengthen existing programs to House Chamber assist manufacturing innovation and education, and ex- Program for Wednesday: Consideration of Suspensions: pand outreach programs for small and medium-sized (1) H. Con. Res. 242, to provide for acceptance of a stat- manufacturers; and H. Res. 451, providing for consider- ue of Po’Pay, presented by the State of New Mexico, for ation of H.R. 250.

Extensions of Remarks, as inserted in this issue

HOUSE Holt, Rush D., N.J., E1904 Sessions, Pete, Tex., E1894 Johnson, Eddie Bernice, Tex., E1897 Shays, Christopher, Conn., E1903 Andrews, Robert E., N.J., E1903 Kennedy, Patrick J., R.I., E1895 Shimkus, John, Ill., E1905 Berman, Howard L., Calif., E1902 Lewis, Jerry, Calif., E1900 Slaughter, Louise McIntosh, N.Y., E1902 Bishop, Timothy H., N.Y., E1905 Lynch, Stephen F., Mass., E1894 Smith, Christopher H., N.J., E1900 Clyburn, James E., S.C., E1898 Millender-McDonald, Juanita, Calif., E1899 Tancredo, Thomas G., Colo., E1896 Cunningham, Randy ‘‘Duke’’, Calif., E1892 Moran, James P., Va., E1895, E1898, E1899, E1901 Thomas, William M., Calif., E1893 Eshoo, Anna G., Calif., E1891, E1893 Musgrave, Marilyn N., Colo., E1899 Ferguson, Mike, N.J., E1894 Ney, Robert W., Ohio, E1891, E1893, E1894, E1895, Udall, Mark, Colo., E1894, E1901 Gallegly, Elton, Calif., E1903 E1897 Van Hollen, Chris, Md., E1898, E1900 Gingrey, Phil, Ga., E1892 Price, Tom, Ga., E1897 Visclosky, Peter J., Ind., E1896 Granger, Kay, Tex., E1891 Rogers, Mike, Ala., E1897 Walsh, James T., N.Y., E1895 Hastings, Alcee L., Fla., E1902 Sanders, Bernard, Vt., E1898 Wilson, Joe, S.C., E1904 Hobson, David L., Ohio, E1895 Schakowsky, Janice D., Ill., E1904 Woolsey, Lynn C., Calif., E1891, E1893

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