2236 CONGRESSIONAL RECORD—SENATE February 15, 2005 SENATE—Tuesday, February 15, 2005

The Senate met at 9:45 a.m. and was Mr. VITTER thereupon assumed the American people a significant victory called to order by the Hon. DAVID VIT- Chair as Acting President pro tempore. in the battle for fairness in the courts. TER, a Senator from the State of Lou- f The class action bill does protect isiana. plaintiffs’ rights while reining in the The PRESIDING OFFICER. Today’s RECOGNITION OF THE MAJORITY rampant abuse within the system prayer will be offered by our guest LEADER itself. The consumer bill of rights pro- Chaplain, Pastor Aubry L. Wallace. The ACTING PRESIDENT pro tem- tects plaintiffs from predatory lawyers Chaplain Wallace is from the Sheriffs’s pore. The majority leader is recog- and guarantees that they receive just Department of Chilton County, AL. nized. compensation. The legislation restores f justice to our court system by ending PRAYER that practice of forum shopping, where The guest Chaplain offered the fol- SCHEDULE we had nationwide cases that genu- lowing prayer: Mr. FRIST. Mr. President, the Sen- inely impact interstate commerce Let us pray: That Almighty God will ate will begin today with a period of being moved to the Federal courts grant to this body His concurring aid morning business until 12:30. At 12:30 where they belong. in the governing process of these the Senate will recess until 2:15 for the It took a while to have this success United States. weekly party luncheons. Following the last week. Senator GRASSLEY, who was Our Eternal Father, He who watches luncheons, we will resume debate in ex- the lead sponsor on the bill, has been over the affairs of mankind, I humbly ecutive session on the nomination of working on this for over a decade, and pray that Your protection and guid- Michael Chertoff to be Secretary of versions of this bill passed through the ance be with these Senators here as- Homeland Security. Debate is equally Judiciary Committee in each of the sembled as they deliberate. Bless these divided until 4 this afternoon, with the last two Congresses. In 2003, it came in whose hands You have allowed the vote occurring on the confirmation of within one vote of passage. Finally, be- future of our beloved Nation to rest. Mr. Chertoff at 4 p.m. That vote will be cause of the continuing work of both Guide them by Your Holy Spirit. May the first vote of the day. sides of the aisle, people came together every decision be right and in accord- Yesterday I mentioned a number of to recognize the intent was right, the ance with Your divine wisdom and will. items that are possible over the course legislation at different points could be Keep them safe from any who would of this week. Today we will continue to improved, it was improved, and then do them harm. Let no evil spirit affect try to clear those bills for floor action. we had relatively quick passage of it. their will to do justly, to love mercy, They include the genetic non- The House will be addressing the bill and to walk humbly with their God. discrimination bill, the high-risk pool shortly. Then hopefully we can have a Heavenly Father, make them aware legislation, a Nazi war crimes bill, the bill to the President of the United of Your presence as they participate in committee funding resolution, and any States to be signed into law for the benefit of the American people. this grand experiment we call human additional nominations that may be re- Also, at the beginning of last week, government. And at the close of this ported by the respective committees. session may they hear from You these on Monday, we passed a resolution We will, over the course of the day, commending the Iraqi people on their words: Well done, good and faithful keep all Members notified of the sched- servant. January 30 elections. As we saw over ule as we bring these matters forward the weekend, those elections were fi- In the Name of His Son Jesus I pray. for floor consideration. Amen. nalized and, in terms of the final re- f ports, again, it is a great victory for f LEGISLATIVE ACCOMPLISHMENTS freedom and liberty throughout the PLEDGE OF ALLEGIANCE AND A LOOK AHEAD world. It was an extraordinary event, The Honorable DAVID VITTER led the and it was fitting that we came to- Mr. FRIST. Mr. President, I will take gether on this floor to celebrate and Pledge of Allegiance, as follows: just a few moments at the beginning of I pledge allegiance to the Flag of the commend the process and the results in today to comment on last week and a those elections. United States of America, and to the Repub- brief look ahead. lic for which it stands, one nation under God, It was in the midst of terrorist blasts indivisible, with liberty and justice for all. Last Thursday, the Senate achieved and terrorist threats that 8 million its first legislative victory, a bipar- f Iraqi voters streamed to over 5,000 poll- tisan victory of the 109th session. By a ing stations to express that influence, APPOINTMENT OF ACTING vote of 72 to 26, the Senate passed the that power and dignity that comes PRESIDENT PRO TEMPORE Class Action Fairness Act. The process with voting. The various pictures that The PRESIDING OFFICER. The was that we worked together across we all saw of families bringing their clerk will please read a communication the aisle from beginning to end. The sons and daughters so that they could to the Senate from the President pro bill was introduced with 32 cosponsors, witness this moment in history is tempore (Mr. STEVENS). 24 Republicans and 8 Democrats. It something that captures us all. The bill clerk read the following let- came out of the Judiciary Committee As I mentioned, over the weekend the ter: on a strong bipartisan vote. Every vote votes were tallied of the 8.5 million U.S. SENATE, on every amendment was bipartisan, people voting. For the first time in dec- PRESIDENT PRO TEMPORE, and the vote on final passage was ades the Iraqi people have been able to Washington, DC, February 15, 2005. strongly bipartisan as well. speak and to speak freely—and they To the Senate: I stress the bipartisanship because in were heard, as we saw with the out- Under the provisions of rule I, paragraph 3, the 109th Congress we have a lot to do, come. It is a transformation that is of the Standing Rules of the Senate, I hereby and it is going to demand that we con- fundamental. It is a fundamental appoint the Honorable DAVID VITTER, a Sen- ator from the State of Louisiana, to perform tinue to work together in that same transformation of power from the peo- the duties of the Chair. spirit. I thank my colleagues on both ple, instead of over the people. This has TED STEVENS, sides of the aisle for their fairness and renewed a sense of momentum and op- President pro tempore. cooperation. We have delivered to the timism and hope.

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

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2237 The process, as we see, continues to security. It is a bill that many of us on MORNING BUSINESS unfold with negotiations going on as to the floor have been working on aggres- The ACTING PRESIDENT pro tem- who will be part of the Presidential sively over the last 7, 8 years. The bill, pore. Under the previous order, there Council. Again, looking from afar, the Genetic Nondiscrimination Act, is will now be a period for the transaction from where we sit it is very encour- just that. The bill is designed to pro- of morning business until the hour of aging to see the various coalitions tect Americans from having valuable 12:30 p.m. with the first 30 minutes working with each other, Shiites work- genetic health information abused or under the control of the Democratic ing with the Sunnis and working with misused by others—for example, being leader or his designee and the next 30 other minority parties, all working to- used against them to get health insur- minutes under the control of the ma- gether to fashion this government. It is ance coverage or being used in some jority leader or his designee and the re- an exciting time for the Iraqi people way to discriminate against them for a mainder of the time equally divided be- and all who watch. future job. This whole field of genetic tween the two leaders or their des- Jumping ahead, today we will, as I testing and genetic information has ignee. mentioned in my opening statement, blossomed, in part because of a wonder- f vote on the nomination of Judge Mi- ful public-private project that was over chael Chertoff to lead the Department about a 10-year period called the RECOGNITION OF THE ACTING of Homeland Security. We have heard Human Genome Project. This explosion MINORITY LEADER much about the judge, both in com- of information has introduced these ge- The ACTING PRESIDENT pro tem- mittee and then on the floor yesterday, netic tests that can have—and it is pore. The Senator from Illinois is rec- and we will over the course of today. early, they are early—but they do have ognized. He has a long and distinguished career the potential for having great pre- f in public service and law enforcement. dictive value regarding what disease or In the mid-1980s he was an assistant illness you might have later in life, and TSUNAMI ASSISTANCE—NEW U.S. attorney alongside Rudy Giuliani. would allow you to prevent that, to MODEL FOR DEVELOPMENT He aggressively prosecuted mob and take preventive measures if that is the Mr. DURBIN. Mr. President, pursu- political corruption cases. He then case. ant to that consent, I would like to be went on to become New Jersey’s U.S. Right now, scientists tell us most recognized to speak to an issue which attorney, where he oversaw high-pro- Americans have about a half dozen po- the whole world has focused on over file and politically sensitive prosecu- tentially harmful genetic mutations. the last several weeks and months. tions in Jersey City, actually pros- That is a statement that will change a Within a few weeks, the Senate is like- ecuting the mayor of Jersey City, week from now, a month from now, a ly to vote to send hundreds of millions Mayor Gerald McCann, New York chief year from now, as we learn more and of dollars in assistance to the nations judge Sol Wachtler, and the kidnappers more about it, but the point of this bill that were devastated by the tsunami and killers of Exxon oil executive Sid- is that people run the risk of losing on December 26. We have seen the vid- ney Reso. Fearless and scrupulous as a their jobs or not being promoted or not eotapes. We cannot forget them. With- prosecutor, he became known not only being able to get an insurance policy in a matter of minutes on that terrible for his legal brilliance but also for his based on getting this test which could day, whole families and villages were skills as a manager and leader. be of so much benefit to them. We need swept to sea. Schools, clinics, and hos- We all saw that take real meaning to prevent it, and we need to do it now, pitals were destroyed. Coastal cities after 9/11. For the 20 hours after that instead of waiting until it becomes a were eliminated. What infrastructure worst ever attack on American soil, huge problem in the future. there was in place was wiped out. Judge Chertoff was central in directing One study in 2003 found that 40 per- We are doing the right thing to come our response. It was through his work cent of people at risk for colon cancer to the assistance of the victims of this as Chief of the Justice Department’s refused to participate in a screening disaster, one of the 10 most devastating Criminal Division that they traced the exam, many citing the fear that the re- natural disasters in recent history, but 9/11 killers back to al-Qaida, a central sults might in some way cause them to we should not overlook the fact there focus. We are indebted for all these lose their health insurance. That are many other challenges in this things to his strong and unwavering means they don’t get this test. If they world. Millions have died in the Congo leadership. don’t get the test, they lose the poten- and the Sudan. Hundreds of thousands For the next 2 years Judge Chertoff tial benefit to their own health and are still at risk. Preventable, treatable was the key figure shaping our health security in the future. The diseases kill millions more every year. antiterrorism policies. His experience knowledge of genetic risk has the Someone dies of AIDS every 10 seconds working directly with law enforce- power to save lives. As we look at tests in this world. Someone new is infected ment, his expertise in homeland secu- that are early, and they are just being every 6 seconds. Poverty kills. Bad rity policy, and his proven ability to proven—the tests for heart disease, water, hunger, poor sanitation kills; lead in times of national crisis make Alzheimer’s, Parkinson’s, a host of they are the weapons of economic in- him overwhelmingly qualified to direct other diseases—there is great hope in justice and economic disparity. our Homeland Security Department. these genetic tests becoming a power- Nelson Mandela said recently: He earned unanimous approval in ful tool. The legislation we are consid- Like slavery and apartheid, poverty is not committee last week, with one member ering this week is intended to make natural. It is man-made and it can be over- voting ‘‘present.’’ I am confident that sure genetic testing is used as a tool to come and eradicated by the actions of human beings. today Judge Chertoff, who has already help and not hurt. I hope we will be been confirmed by this body three able to pass that bill so that medical Overcoming poverty is not just a ges- times, will receive overwhelming, science does deliver a meaningful solu- ture of charity; it is an act of justice. strong bipartisan support. He is an out- tion and keeps America moving for- It is the protection of a fundamental standing candidate and we all look for- ward. human right, the right to dignity and a ward to working with him in his new I yield the floor. decent life. Our attention now focuses capacity. on the Indian Ocean, as it should. But Another matter of security, a dif- f let’s not overlook the suffering in the ferent type of security, which I hope we world. will be addressing this week—I men- A number of years ago I went to Ban- tioned it also a little earlier—is the Ge- RESERVATION OF LEADER TIME gladesh. I went there to look at food netic Nondiscrimination Act. This is The ACTING PRESIDENT pro tem- programs. In the course of my visit, I the security of information about us pore. Under the previous order, the met one of the most extraordinary peo- that can be used to give us health care leader time is reserved. ple I ever had the pleasure to meet. His

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2238 CONGRESSIONAL RECORD—SENATE February 15, 2005 name was Muhammad Yunus. Muham- swept away the schools and the teach- The bill clerk proceeded to call the mad Yunus, not that long ago in 1976, ers with it. Now the surviving children roll. was an economics professor. Having who are there are in camps trying to Mr. ALLARD. Mr. President, I ask taken a few economic courses—I re- survive instead of thinking about unanimous consent that the order for membered my professors—he would thriving, going to school and giving the quorum call be rescinded. have blended in with the faculty of back. The ACTING PRESIDENT pro tem- most universities. Dr. Yunus said to me, this man who pore. Without objection, it is so or- He had an idea. It was an idea that comes up with amazing, simple ideas: dered. was borne out of human experience. It Senator, why don’t we create a tsu- Mr. ALLARD. Mr. President, I under- involves basic economics. Dr. Yunus nami scholars program? Why aren’t we stand we are in Republican-allocated thought for a moment, what if we gave focusing on these children and their time on morning business. the poorest people on Earth a small education? It is so simple and so obvi- The ACTING PRESIDENT pro tem- sum of money, what would they do ous: To rebuild the schools, to bring in pore. The Senator is correct. with it? Would they pay it back? They trained teachers so these kids have a f were two very basic questions. The chance but to take it a step beyond. SUPPLEMENTAL APPROPRIATIONS issue came up because he saw in many What if we said across this world that of the poorest villages of Bangladesh we would challenge all colleges and Mr. ALLARD. Mr. President, for the people who were being exploited by universities to take two students from last 4 years, the United States has been those who would lend them money and the tsunami area, students who would locked in combat with the forces of ter- charge them outrageous interest rates. qualify to come to school, but to give ror. These extremists do not under- He started something called Grameen these kids a chance at an education so stand freedom and are trying even to Bank, which means the people’s bank they could go home and rebuild those this very day to spread their message in their local language in 1976. The con- villages and rebuild those nations? of hate and oppression. America did cept behind it was to give a very small Another challenge from Dr. Yunus, not fire the first shot. Those killed on loan to people who were very poor. very basic, from a man who under- September 11 were innocent and did Now, 29 years later, as I stand in the stands poverty at the most basic level. not deserve to die. They should be with Senate, Dr. Yunus’s theory of micro- We are working on that now. We think us today. The forces of terror remain credit and the Grameen Bank grew we can put together a proposal that the determined to defeat our Nation. They from a class project to a world-wide United States can help to lead the believe the United States will abandon phenomenon. Today, there are 80 mil- world into considering. Iraq and Afghanistan. They question lion families in the world who are bene- The devastation of the tsunami took our will to fight. They doubt our cour- fiting from Dr. Yunus’s concept of only a few minutes. It will take years age and our fortitude. They are wrong. microcredit. We estimate some 400 mil- to overcome. If we do the right things, Our Nation has stepped up to fight lion people will benefit; 98 percent of we can rebuild those societies in the and has never looked back. Under them are women. These are people who right way. The people living there are President Bush’s leadership, our coun- going to know a lot about us in the are part of a quiet revolution. I have try has taken the battle to the enemy. process. They will know that some of seen it firsthand. Their lives have been As the President said in his State of what they have been told about the transformed. They have enough money the Union Address: United States is not true. Some who to feed their children, to buy basic Our country is still the target of terrorists want them to be terrorists and to hate tools, maybe to buy a goat for milk, who want to kill many and intimidate us all, the United States will have a hard time perhaps to buy a sewing machine— and we will stay on the offensive against explaining how the United States came basic things that transform their lives. them until the fight is won. to the assistance of these poor people They pay the money back. They pay In less than 3 months after Sep- after the tsunami and how we stood by it back so others in the village can bor- tember 11, United States and Afghan them and their children in their edu- row money, as well. The average loan forces toppled the Taliban regime, a cation afterwards. brutal theocracy shielding al-Qaida and for many of Dr. Yunus’s clients in Ban- It is a small thing. It is important. It other terrorists. A year after Sep- gladesh is $9. With $9, many people go helps explain who we are. Tsunami tember 11, the President challenged the from being a beggar to a scholarships are one example of how we United Nations to confront another businessperson. He actually decided can make certain we do not abandon protector of terror, Saddam Hussein. that because Bangladesh did not have a the victims of this disaster after the telephone system that he would buy headlines are gone. It is important we This cruel dictator threatened his cell phones and he would loan money show this to the world, especially to neighbors, his people, and our country to people so they could purchase them. the Muslim world, of what the Amer- with his support for terror and his pur- Go to the remote villages and there sit ican character is made. suit of weapons of mass destruction. He 10 women holding a cell phone. With I want to give these children of Indo- lied, cajoled, intimidated, and mur- these cell phones, they go to their vil- nesia, Thailand, Sri Lanka, India, and dered. Our Nation did not stop with Af- lages, they sell them minutes on the elsewhere a chance at an education ghanistan and Iraq. Our forces have phone, and they make a living. They that will not only transform their lives sought out the enemy, cut off his fund- are the Grameen Telephone Company, but allow them to go back and trans- ing resources, and disrupted his plans. the telephone women who borrowed form their countries. We have captured thousands of terror- enough money to buy a cell phone and The poet, Lord Byron, advised: Be ists, destroyed their networks, and pre- now make a living with that cell thou the rainbow to the storms of life. vented new attacks. There have been phone. Incidentally, they charge their The peoples of the Indian Ocean have many successes in this war, and we cell phones with a solar-powered gener- seem the storms. Let us be the rainbow should be encouraged and strengthened ator. They are thinking ahead. This that follows. Education is the most by our progress. type of thing is happening all over the valuable tool you can put in the hands Our men and women in our Armed world. of anyone, particularly a child. As the Forces are the real heroes in this con- The reason I raise it is because when children of the tsunami grow, let’s flict. They have fought and sacrificed Dr. Yunus came to see me 2 weeks ago make sure their opportunities for edu- for our country. Tragically, some have here in Washington we talked about cation are not constrained by misfor- paid the ultimate price. Today nearly the tsunami. He said there is so much tune or geography. 200,000 soldiers, sailors, airmen, and that needs to be done there. They need I yield the floor and suggest the ab- marines are deployed in hotspots to rebuild communities. They need to sence of a quorum. around the world. They continue to rebuild lives, but do not overlook the The ACTING PRESIDENT pro tem- take the fight to the enemy and defeat fact that the ocean, as it came in, pore. The clerk will call the roll. him wherever he appears. Our men and

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2239 women in uniform are determined and is not needed. We know our troops need Three days ago I was honored to be ready. improved protection. Our chief of staff able to welcome home the Second Bat- I visited our troops in Iraq and Af- for the Army has testified that much of talion, 147th Field Artillery of the ghanistan, and I have seen with my the Army’s equipment is worn down South Dakota National Guard from own eyes their commitment and deter- and should be replaced. We owe it to Iraq. These citizen soldiers put their mination. It is phenomenal. They be- our military families to provide the in- lives on hold for over a year to provide lieve in what they are doing. They creased death gratuity. critically needed support. They per- know they are making a difference. I As we consider this important appro- formed their mission effectively and am reminded of those who have already priation, let us remember our successes honorably, and I applaud their selfless sacrificed much but yet have not given so far. Fifty million people in Afghani- sacrifice. up and remain committed to their stan and Iraq have tasted freedom and The Iraqi people also deserve our ad- duty. Soldiers such as Army CPT David for most were able to cast a vote for miration and thanks. While in Iraq we Roselle have been an inspiration to me the first time. Cities are being rebuilt met with General David Petraeus who and many other Coloradans. While on and market economies are being devel- is in charge of training Iraqi securities patrol last year in Iraq, Captain Ro- oped. Terror networks have collapsed forces. He was upbeat about their selle lost a leg when an antitank mine and funding for these networks is dry- progress and the efficiency that is be- went off nearby. After several surgeries ing up. The war is not over, but we are ginning to take root. General and intense physical therapy, Captain making a difference. Congress must do Petraeus’s convictions were legiti- Roselle rebuilt and retrained his mus- its part. Now is the time for Congress mized by the effectiveness shown by cles. He conducted 4-hour sessions of to act. the Iraqi security forces on election daily exercise, including mountain I yield the floor. day. Those forces were the first line of biking, weight lifting, swimming, and The ACTING PRESIDENT pro tem- defense in successfully protecting over climbing. Six months after his last sur- pore. The Senator from South Dakota 5,000 polling stations throughout Iraq, gery, Captain Roselle was skiing down is recognized. none of which were penetrated by the the slopes of the Colorado Rockies. Mr. THUNE. Mr. President, I re- insurgents. Some of the Iraqi security But the story does not end there. cently had the good fortune to travel forces even gave their lives so their fel- Now just over a year later, Captain Ro- to Iraq with my colleagues Senator low countrymen could vote. selle is still in the Army, and com- INHOFE and Senator ISAKSON. With my Perhaps the bravest of all on election mands the headquarters company of own eyes, I saw the political genesis of day were the Iraqi citizens who also the 3rd Army Cavalry and is preparing a nation moving from tyranny to lib- risked their lives by taking that crit- to deploy with the unit this spring. It erty. This process was made possible by ical first step on their journey to self- is Captain Roselle’s relentlessness, his the skill and determination of our determination. The insurgents and ter- call to duty, and his determination to troops, the strides being made by the rorists grossly underestimated the defend our great Nation that tells me Iraqi security forces, and the growing Iraqi people’s courage and thirst for that our forces are strong and victory determination of the Iraqi people to freedom. The Iraqi people did not buck- remains the only option. engage in the democratic process. le under threats of violence and mur- Our men and women deployed in I cannot say enough about the sac- der. Instead they spoke out with a combat are not the only heroes. I can- rifice and dedication of our troops. great voice that has been heard not fully express my admiration for the Their professionalism and devotion to throughout the world and well into the families of these soldiers, sailors, air- duty are truly inspiring. And I am con- annals of recorded history. They have men, and marines. For months at a vinced now more than ever the United demanded their right to self-deter- time, military families are asked to States has the finest military in the mination, their right to live their lives hold everything together and support world. To those who know it best, our as they see fit, free from tyranny, free their loved ones overseas. They have military’s might is not defined only by from fear, free from extremism. On done this and have done it with pride. its sheer firepower but by the indi- election day, they earned that right. Organizations such as Colorado’s vidual soldiers who all play their part Let me be clear, there is still much Home Front Heroes have also stepped in making a multifaceted operation work that needs to be done, and there up and supported our troops. Home like this possible. are still enemies to fight. But free- Front Heroes has provided family sup- Of course, our service members per- dom’s light does not shine without a port when none was available and sent form their military responsibilities price. The Iraqi people know this. They thousands of care packages to our sol- with pride, with diligence, and with understand a new Iraq must not be diers deployed overseas. The organiza- professionalism. But many of them dominated by only one ethnic or reli- tion led the drive to get the State of also work hand to hand with the Iraqis gious sect. Many Iraqis I met with, in- Colorado to designate March 29 Sup- every day trying to bridge the gaps in cluding Shiites and others, expressed port Our Troops Day. And in one case, language, culture, and community, to the belief that for democracy to work, Home Front Heroes actually paid for forge a common bond cemented by the Sunnis, who now find themselves family members to travel to Germany freedom. In doing so, our men and the minority, must be a part of and to visit their wounded loved ones. women in uniform represent all that is represented in an inclusive Iraqi gov- I see it all over Colorado. There is a good about our country. ernment. steely determination to see the global My fellow Senators and I also visited Of course we all look forward to a war on terrorism completed and vic- wounded American soldiers in a mili- free and stable Iraq. But we should not tory achieved. That is why it is more tary hospital in Germany on our way attempt to impose an artificial time important than ever for Congress to do back from Iraq. These brave men and line on this goal. Instead we should its part. women who have already sacrificed so focus on a conditions-based schedule This week the Senate will receive the much for the cause of freedom were that allows for a responsible transfer of President’s request for supplemental mostly and primarily concerned with responsibility from American to Iraqi appropriations. This money is critical getting back together with their units troops. Our generals support that con- to continuing the war on terror and en- and for the well-being of their peers cept, not arbitrary deadlines. When the suring our troops have the necessary who are still in Iraq. That warrior spir- conditions are right for us to leave, we equipment, training, and information it among these brave men and women will know and so will a free and sov- to succeed on the battlefield. While is inspiring and gave me pause to con- ereign Iraq. some may argue that this money sider what is clearly at stake for the I believe the recent elections and the should be included in the budget or Iraqi people. self-confidence they have inspired in that certain items are not emergencies, Our National Guard and Reserves are the Iraqi people may represent a turn- none of us would argue that the money also playing a critical role in Iraq. ing point in the struggle for democracy

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2240 CONGRESSIONAL RECORD—SENATE February 15, 2005 in Iraq. With the bravery and the dedi- The comment of the respected distin- Founding Fathers. Knowing he would cation of our troops and the courage of guished Senator from West Virginia de- be in the majority, he recognized that the Iraqi people and their security serves amplification in terms of sta- the peace, strength, and stability in forces, we can look forward to the day bility and security in Iraq. Iraq was predicated upon the majority when our troops come home with the I am pleased to have just returned not overrunning the minority. honor they have earned. from Iraq with Senator THUNE, who So when we question whether this We will soon be debating legislation just spoke, and to have had the chance supplemental provides any optimism that will provide funding and resources to see firsthand the results of what our for stability and security in Iraq, I sub- for our troops to complete their mis- men and women in our Armed Forces mit those two absolutely accurate sion. It is critical that in the course of have been doing in Iraq since we de- quotes of two gentlemen—one in the this debate we understand what is hap- posed Saddam Hussein and began pro- majority and one in the majority— pening today in Iraq and what it means viding peace and a foundation for fu- those who will take part in writing the for American troops who are bringing ture security. In fact, it is that founda- constitution. Who would have thought about freedom and democracy. We tion I would like to address. they would quote Jefferson or Adams must make sure they have the re- There are three key pillars to secu- or our Constitution 6 months ago, or a rity and stability in Iraq. The first pil- sources, the equipment, the training, year ago, or 2 years ago? It is because lar is for us to continue this year, and and the weaponry to succeed in this of the men and women we have sent for a time uncertain, to provide the mission. into harm’s way, the coalition forces, Iraqi people with security so they can The insurgents, who continue to prey our commitment to freedom, and our complete the writing of their constitu- upon the fears of the Iraqi people, who present commitment to spreading de- tion, hold their permanent elections, mocracy around the globe that today resort to tactics and thuggery and in- and allow their democracy to flourish. provides great optimism in Iraq. discriminately kill innocent people, The second pillar is that government But there is a third pillar we must are not going to go quietly. It is impor- itself. It is essential that we pass this consider as well, which is the future tant that we complete this mission. It supplemental to continue the security ability of the Iraqis—once their con- is important that we win and secure and allow those who were recently stitution is written, their government the freedom of the Iraqi people. It was elected to form their constitution and is established, and our troops lessen— clear to me, having traveled to Iraq do their work. to be able to secure themselves. There and listened firsthand to the stories When you talk about optimism, I have been a lot of comments about that have been shared and conveyed by have to share a story about the recent whether they can do that. I give you Iraqi voters, who for the first time visit. Senator THUNE, Senator INHOFE, comments that Lieutenant General were able to take that ink-stained fin- and I met with deputy Ambassador Petraeus shared with us on our visit. ger and mark a ballot, that they are Salih, a Kurd. We met alone, with no First, the coalition forces have committed to the cause of freedom and staff, no press, no encouragement, trained 136,065 Iraqis. Our goal by the democracy in their own country. total candor. We asked Mr. Salih, a end of this year is 200,000. Recruiting We heard statements such as ‘‘we are Kurd in the minority—and even though has mushroomed since the election. In profoundly grateful.’’ We heard state- the results of the election were not fact, on television, some of you have ments talking about how the mission is complete at the time we were there, we seen the lines the day after the elec- succeeding, but it is still fragile, how knew they would be in a minority. We tion that showed up at recruiting cen- we need to continue to focus on train- asked: ters that were previously vacant. So we ing and equipping Iraqi security forces, Don’t you fear that the Shiites, who will know the resources are coming. Our co- and that the reconstruction needs to inevitably be in the majority, will overrun alition forces are helping us with their move faster. you? training, and already the Iraqis who Engagement with the Iraqis is the He said: are trained are demonstrating heroism way for us to succeed, and giving the Oh, no, we have a secret weapon. just like the heroism of our American Iraqis the opportunity to govern, which This is a Kurdish leader in the middle soldiers. There is no better example is what the elections were all about. of Iraq in the 21st century who said he than this: On election day, when at a Giving the Iraqis the opportunity to had a secret weapon. He said that se- polling place an Iraqi-trained soldier defend the freedom they secured when cret weapon is one word: ‘‘Filibuster.’’ by our coalition forces was in the first they voted on election day should be Then he proceeded to describe their line of defense, as were Iraqis at every our mission in Iraq. It is important as study of American democracy and our polling place, all 5,200. He spotted a a nation, as a Congress, and here in the Republic. If there were ever a reason suspicious character. He approached Senate, that we take the steps nec- for optimism about what this supple- him. He noticed the bulging waistline, essary to ensure that our troops—our mental provides for the people of Iraq symmetrically indicating a bomb. He young men and women who are bravely and their stability and security, it is threw himself on the bomber and the and courageously setting and laying one of their minority leaders proudly bomber detonated the bomb. The Iraqi the foundation for a safe, strong, and stating one of the pillars and principles soldier, trained by coalition forces, free Iraq—have what they need to com- of our Government as the way they gave his life. Those in line to vote, plete that mission. would ensure that the majority never identifying with their index finger I yield back the remainder of my overran the minority. their commitment to liberty, were not time. Following that meeting, we went and injured and did not leave. They voted The ACTING PRESIDENT pro tem- met with Dr. Al-Rubiae, a Shiite, obvi- and democracy was born in that pre- pore. The Senator from Georgia is rec- ously to be in the majority. We worried cinct, in that district in Iraq, in large ognized. that since, for so many years, they had measure, because of the bravery and Mr. ISAKSON. Mr. President, the been the victims of the Sunnis—since heroism of that Iraqi soldier, trained President has sent to us an $81.9 billion they now would be in a majority, would by United States and coalition forces. supplemental for our war against ter- there be a propensity to overrun the So as we consider the $81.9 billion for ror and the fight in Iraq and Afghani- minority? So we asked: the continuation of our effort in Iraq stan. This morning, in Congress Daily, Dr. al-Rubiae, what will you do? Will the and Afghanistan, and to a certain ex- I read a quote about that supplemental minority have a voice? tent in the Middle East, if we look for from the distinguished ranking mem- He said: optimism, it surrounds us everywhere. ber of the Appropriations Committee: The American Constitution requires two- Only after our engagement in Afghani- This supplemental request provides sup- thirds vote to amend the Constitution. We stan were the Taliban deposed. Only port for our men and women in uniform, but will require two-thirds vote to adopt ours. after our engagement in Iraq was Hus- it provides little basis for optimism for a sta- The point is very clear. He, too, had sein captured. Only after our commit- ble and secure Iraq. studied Adams and Jefferson and our ment against terrorism and countries

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2241 that harbor terrorists did Libya give of experience to this position and that his role in formulating the policy. He up its weapons of mass destruction. experience will serve him well, because recognized and understood that signifi- Recently, the Palestinians elected a the challenges facing this department cant problems had occurred at the Jus- new leader, Abbas, and already the in the post 9/11 era continue to be im- tice Department in the treatment of prospect for hope and peace in the Mid- mense. The agency can never afford to the detainees and indicated a willing- dle East between Israel and Palestine drop its guard for a moment. From pro- ness to re-evaluate current policies and is brighter. To me, that is great opti- tecting our borders to managing dif- put in place protocols to prevent these mism for the future of security and ficult immigration issues, Mr. Chertoff abuses from recurring. stability, not only in Iraq, not only in will be at the heart of many of the Unfortunately, the administration the Middle East, but throughout the country’s most complex security has not been nearly as accommodating. world. issues. It has refused to provide vital docu- We also must ask ourselves this: If Just under 2 years ago, the Depart- ments to the two Senate Committees we don’t have optimism in the invest- ment of Homeland Security was cre- charged with oversight over the De- ment we make in the war on terror and ated in the largest overhaul of Federal partment of Homeland Security, the the spreading of democracy, then what agencies in more than half a century. Homeland Security and Government dividend would we receive by making It merged 185,000 Federal workers and Accountability Committee and the Ju- no investment at all? 22 agencies in order to create a more diciary Committee. Specifically, the My submission to you is that we national effort to protect ourselves in administration continues to play hide would be fighting the war on terror not the wake of September 11. and seek with documents that would only overseas but on our own streets. It is a job that requires overseeing shed light on the issues of torture and We would be spending more than we in- the development of innovative meth- interrogation. In doing so, the adminis- vested in this war to try to be a defen- odologies and techniques to prevent tration persists in displaying a dis- sive country, rather than an offensive and deter terrorist attacks. It requires turbing disregard for our constitu- country helping to spread democracy rapid response to threats and hazards, tional role in Presidential nomina- wherever people yearn for it. and it requires effective information tions. By refusing to come clean and I have great respect for those who analysis and information sharing be- provide necessary documents, and by will question any spending we might tween agencies at all levels—Federal, discouraging responsiveness and candor entertain. I understand the concerns State and local. from its nominees on the issue of tor- about the investment that we may The Secretary’s job is to strengthen ture, the administration is only mak- make in the coming weeks in the sup- and maintain the security of our air- ing the crisis worse, further embar- plemental for Iraq. But I will tell you ports, seaports and land borders. But, rassing the Nation in the eyes of the world, and casting greater doubt on its that with the comments of Deputy Am- equally important is the Secretary’s commitment to the rule of law. bassador Salih, the comments of Dr. al- ability to welcome the more than 500 As Senator LEVIN has emphasized, million citizens, permanent residents, Rubiae, and the evidence of the her- FBI e-mails state that while Mr. lawful visitors, students, and tem- oism of the Iraqi soldier at the polling Chertoff headed the Criminal Division, porary workers who cross our borders place Sunday, a week ago, it is clear to discussions occurred between the FBI each year. me this supplemental will continue and the Justice Department about in- As Secretary, Mr. Chertoff will have that major pillar of support for democ- terrogation abuses. The e-mails indi- a major role on immigration policy. racy in the Middle East; that is, the cate that FBI personnel were deeply One of the most important responsibil- presence of U.S. men and women in our concerned about the interrogation ities of his position is to see that the Armed Forces to continue to secure techniques being used at Guantanamo immigration service and enforcement that nation so it can finalize a con- Bay by the Department of Defense and functions are well-coordinated, and stitution and have permanent elections the FBI communicated their concerns that the service functions are not given for its peace and its security. directly to certain persons in the short shrift. Without strong leadership Our President has sent us a docu- Criminal Division. ment to make an expanded investment and the insistence on close coordina- The e-mails in their public form, in peace and democracy. I submit to tion, the officials in the various immi- however, were heavily redacted to you that the evidence for optimism gration bureaus of the department are avoid disclosing who spoke to whom. abounds in Iraq and I, for one, will prone to issue conflicting policies and Although the e-mails were never pro- stand by this President and stand by legal interpretations and create dis- vided by the administration to the Sen- our men and women in harm’s way, so array in the department’s mission. ate, we were able to obtain the docu- that their democracy, which has now Questions have been raised about Mr. ments in the same way as the general bloomed, will flourish in a part of the Chertoff’s role in the Criminal Division public obtained them, by surfing the world that has never seen it. of the Department of Justice in devel- web for the redacted documents as re- I yield back the remainder of my oping the investigative strategy that leased in a Freedom of Information Act time. led to the department’s detention of lawsuit. Mr. KENNEDY. Mr. President, as I hundreds of immigrants after 9/11. Ac- Senator LEVIN and Senator LIEBER- understand, we are in a period for cording to the report of the depart- MAN asked for the unedited version of morning business? ment’s Inspector General in June 2003, the e-mails in order to learn who in the The ACTING PRESIDENT pro tem- there were ‘‘significant problems in the FBI communicated the information pore. The Senator is correct. way the detainees were handled.’’ and who in the Criminal Division re- Mr. KENNEDY. Is there a time limit There were also problems that included ceived it. The request was denied, even on statements in morning business? a failure to distinguish detainees sus- though the information might well The ACTING PRESIDENT pro tem- pected of ties to terrorism from detain- have been highly relevant to our con- pore. The time until 12:30 p.m. is equal- ees with no such connection. The In- sideration of Mr. Chertoff’s nomina- ly divided. spector General found there was inhu- tion. It is beyond debate that our ad- Mr. KENNEDY. I thank the Chair. mane treatment of detainees at Fed- vice and consent function under the f eral detention centers, unnecessarily constitution includes inquiries into prolonged detention resulting from the matters which may reflect on the NOMINATION OF MICHAEL department’s ‘‘hold until cleared’’ pol- nominee. CHERTOFF icy, secret detentions without formal Mr. Chertoff may have no knowledge Mr. KENNEDY. Mr. President, I sup- charges, interference with access to about the e-mails or the FBI discus- port the nomination of Mr. Chertoff to counsel, and closed hearings. sion, but part of our constitutional ob- be Secretary of the Department of I met with Judge Chertoff and raised ligation is to obtain enough informa- Homeland Security. He brings a wealth my concerns about these detainees and tion to make an informed decision. The

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2242 CONGRESSIONAL RECORD—SENATE February 15, 2005 American people deserve to know A major issue in the 2006 congres- I have reviewed the credentials of whether we have done our constitu- sional elections will clearly be the Judge Chertoff. They are impressive. In tional job responsibly. rubberstamp Congress. The refusal by a legal career spanning over a quarter Senator LEVIN has already spoken the Republican Senate majority to ex- of a century, Judge Chertoff has shown passionately about the stiff-arm that ercise its constitutional responsibil- a respectable dedication to public serv- he and Senator LIEBERMAN and their ities on this nomination is a flagrant ice. In my view, he has also dem- committee received from the Depart- example of that problem. onstrated an ability effectively to ment of Justice as they sought to give An essential part of winning the war manage a variety of security issues. meaning to the words ‘‘advice and con- on terrorism and protecting the coun- For these reasons, I believe that Judge sent.’’ From the text of the redacted try for the future is protecting the Chertoff is qualified and capable to version, it’s obvious that Mr. Chertoff ideals and values that America stands serve as Secretary of the Department should have been asked about the tor- for here at home and around the world. of Homeland Security. I plan on voting ture issues in the depth that the docu- That means standing up against tor- for his nomination. ments would have enabled. He was head ture. It means shedding light on an ad- The job for which Judge Chertoff is of the Criminal Division during the rel- ministration that prefers to act in being nominated is a challenging one. evant time period. Naturally, they darkness. It also means living up to In this post 9/11 era, the Secretary of asked to see the unredacted version of our oath of office as Senators to pro- Homeland Security bears the primary the document prior to any vote on the tect and defend the Constitution. responsibility of ensuring the safety of nomination. The checks and balances in the Con- all Americans from threats that range But the administration flatly refused stitution are essential to our democ- from terrorist attacks to natural phe- to cooperate. The White House could racy and a continuing source of our nomena. In order to meet this responsi- easily have provided the documents country’s strength. They are not obsta- bility, the Secretary must oversee 22 only to Senators and to staff with ap- cles or inconveniences to be jettisoned separate agencies and 180,000 employ- propriate security clearances. It did in times of crisis. We owe it to those ees, all of whom carry out critical not. Instead, it concealed the full text who come after us to be vigilant. Re- daily duties that include safeguarding of the e-mails in what amounts to an publicans and Democrats alike must our borders, securing our domestic in- obvious coverup. insist that our constitutional obliga- frastructure, and providing emergency In addition, Senator LEAHY and I tions and prerogatives be respected. I disaster assistance. We all know that sent a letter to the Department of Jus- hope very much that this blatant abdi- success in carrying out these duties tice on February 4, asking it to provide cation of our constitutional responsi- will rest on the ability of the Secretary a separate department document which bility will not be repeated. to coordinate and manage the re- reportedly advised the CIA on the le- Regardless of the difficulties we have sources at his disposal. They are huge. gality of specific interrogation tech- faced in obtaining these important doc- If confirmed, Judge Chertoff will un- niques at a time when Mr. Chertoff was uments, I am looking forward to work- fortunately find that the current re- head of the Criminal Division. Again, ing closely with Mr. Chertoff. His long sources at his disposal are inadequate the administration refused to provide history of government service and dedi- to ensure the operation of an effective it, claiming that its contents were cation to the public good are impres- Department of Homeland Security. I classified, even though Senators are sive. He has left the security of life- strongly agree with several of my col- cleared to review classified material. time tenure on the federal bench to ac- leagues on the Homeland Security and Our problems with the administra- cept the challenge of steering the De- Government Affairs Committee who tion on this nomination, however, pale partment of Homeland Security argue that more must be done to im- in comparison with the failure of the through difficult waters. His willing- prove the Department’s ability to iden- Senate Republican majority to carry ness to respond to the President’s call tify security threats and to respond to out its own constitutional responsibil- speaks well of his character. ities on this nomination. Instead of in- Mr. President, I suggest the absence these threats in an effective and appro- sisting on adequate answers to the of a quorum. priate manner. questions raised by the documents, The PRESIDING OFFICER (Mr. I agree that the Department of Homeland Security must be given ade- they have acquiesced in the adminis- SUNUNU). The clerk will call the roll. tration’s coverup and abdicated their The assistant legislative clerk pro- quate resources to address the plethora own independent constitutional respon- ceeded to call the roll. of security vulnerabilities that con- sibility to provide ‘‘advice and con- Mr. DODD. Mr. President, I ask unan- tinue to plague our borders, airports, sent’’ on Presidential nominations. imous consent that the order for the seaports, transportation systems, util- They have allowed partisanship to quorum call be rescinded. ity networks, and financial networks. I trump the Constitution. The PRESIDING OFFICER (Mr. also agree that more work must be In effect, the Republican Senate is BURR). Without objection, it is so or- done to develop and implement a Gov- acting as George Bush’s poodle. The dered. ernment-wide strategy on homeland se- Founders of our country would be ap- Mr. DODD. Mr. President, I ask unan- curity activities, and to devise specific palled at what has happened in this imous consent to be able to proceed for plans of action for specific threats. case. Obvious questions about this 10 minutes as in morning business. Furthermore, I strongly concur that nomination have gone unanswered, and The PRESIDING OFFICER. Without more resources must be provided to our the Republican leadership of the Sen- objection, it is so ordered. first responders—the millions of brave ate, instead of meeting its constitu- Mr. DODD. Mr. President, I rise this men and women who make up our front tional responsibility to seek answers, afternoon to discuss briefly the nomi- lines of defense at home. rolls over and shirks its duty to see nation of Judge Michael Chertoff, of For any homeland security response that the Senate’s consent on this nomi- New Jersey, to be Secretary of Home- to be fully effective and successful, our nation is an informed consent, not a land Security. I thank our colleagues firefighters, law enforcement per- blatantly defective consent. on the Homeland Security and Govern- sonnel, and emergency response teams The Founders of our country did not mental Affairs Committee, especially require the most updated equipment create a parliamentary democracy. Chairwoman SUSAN COLLINS and my and training to function. Regrettably, They created a democracy based on the dear friend and colleague from Con- the administration’s fiscal year 2006 fundamental principle of separation of necticut, JOSEPH LIEBERMAN, for their budget deeply cuts these and other ini- powers with the Congress and the Judi- close consideration of this nomination. tiatives related to homeland security. ciary acting as checks and balances on The task of reviewing the nominee for All of these challenges that I men- the power of the President We ignore Secretary of Homeland Security is a tion demand immediate and long-term that fundamental principle at our difficult one, and the committee did a investments. While I applaud the work peril. fine job. that has already been done to enhance

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However, it ered and exploited, and as more work is President is willing to tell firefighters, should be noted that Senator LEVIN has being done to enhance our capabilities law enforcement personnel, and emer- precisely and carefully raised an issue in identifying closing these gaps, the gency response teams—people who risk that would be deeply disturbing to any- Bush administration’s policy has been their lives every day for our Nation— one who is committed to openness and to provide less resources, including un- that not only are they going to get accountability in our Government. I thinkable cuts of $615 million to State fewer resources each year, but they are suggest to my colleagues that we are homeland security initiatives and our required to do more with less. This se- going to be seeing this issue arise over first responders. How can we fully ex- verely skewed set of priorities is sim- and over again if we as a body—all of pect to be safe as a nation if the very ply stunning. While it may be difficult us here—do not challenge it. I do not people who are committed to our safe- for many of us to see this mismatch care what party is in the White House. ty are deprived of the vital resources clearly today, I believe future histo- If any administration starts making that ensure our safety? rians who write about this period will the case in the Executive Branch that In his testimony before the Home- harshly judge it as such. the Privacy Act applies to Government land Security and Governmental Af- If confirmed, Judge Chertoff faces personnel and Government documents fairs Committee, Judge Chertoff indi- formidable and daunting challenges— that Congress may need to fulfill its cated his determination to ‘‘ . . . im- challenges that must be overcome if we Constitutional obligations, then a dan- prove our technology, strengthen our are to ensure the safety of this country gerous precedent will be set—one that I management practices, secure our bor- and well-being of all Americans. I think we will deeply regret. ders and transportation systems, and speak on behalf of all of my colleagues This matter reflects an already per- most important, focus each and every when I wish him the best in this very sistent, almost obsessive preoccupation day on keeping America safe from at- difficult endeavor he is willing to un- by the current administration with se- tacks.’’ dertake. crecy, thereby avoiding accountability I am encouraged by these remarks, I am also here to discuss another to Congress and, of course, to the citi- and I hope Judge Chertoff’s determina- issue raised by our colleague, Senator zens we seek to represent. tion can allow him to meet the chal- CARL LEVIN of Michigan. The issue con- The examples of this preoccupation lenges, but he faces some awesome ones cerns the repeated failure of this ad- are almost too many to recite. One ex- within the administration, if, in fact, ministration to provide the Senate ample that comes to mind is when these budget cut proposals are enacted with information necessary to carry Members of Congress and environ- into law. out its constitutional responsibilities mental organizations were unable to I am also encouraged by the remarks of giving advice and consent and con- ascertain who—just the names—par- he made regarding the rights to due ducting oversight of the executive ticipated in the Vice President’s en- process that all Americans enjoy. In branch. ergy task force, the group which laid his testimony to the Homeland Secu- In a letter written by the Depart- the blueprints for the administration’s rity and Governmental Affairs Com- ment of Justice to Senators LIEBERMAN current energy policy. mittee, Judge Chertoff said: and LEVIN on February 7—just over a Another example is the refusal of the I believe that we cannot live in liberty week ago—the Department of Justice recent nominee, now current Attorney without security, but we would not want to claimed that an unredacted document General, to provide information to the live in security without liberty. related to the Chertoff nomination Judiciary Committee pertaining to the I believe this position is noteworthy, would not be provided to the Homeland development of his legal rationale for especially in light of the report issued Security and Governmental Affairs permitting torture. Of particular note by the Department of Justice inspector Committee because ‘‘ . . . it contains in this case, when asked to provide in- general in 2003 that criticized the pro- information covered by the Privacy formation, the Attorney General said: longed detention of hundreds of peo- Act . . . as well as deliberative process I do not know what notes, memoranda, e- ple—primarily immigrants—of sus- material.’’ The assertion by the De- mails, or other documents others may have pected ties to terrorism that were later partment of Justice that their inabil- about these meetings, nor have I conducted a deemed groundless. Judge Chertoff ad- ity to comply rests on the Privacy Act search. mitted that mistakes were made in the is absurd and wholly unacceptable. The unwillingness even to search for detention and treatment of these indi- As Senator LEVIN has stated—and I information requested by Congress viduals—an admission rarely heard strongly agree with him in this—the epitomizes a certain official arrogance from this administration—and vowed Privacy Act protects private individ- that sets a dangerous precedent be- to prevent them from happening again. uals from having personal information cause, when carried to its conclusion, The question for our country is not released without their consent. In this it impairs and even impedes most con- whether Judge Chertoff is the right case, the Department of Justice is gressional oversight. Government em- man for the job—I believe he is—but using the Privacy Act to conceal the ployees are named in countless docu- whether Judge Chertoff will be given names of public officials who have en- ments that Congress needs in order to an impossible job by the President who gaged in Government activities at tax- carry out its constitutionally man- nominated him. We surely cannot meet payers’ expense. That is precisely the dated responsibilities and to shine the the needs of our homeland security ap- kind of case in which Congress ought light where appropriate for the people paratus on a tin-cup budget, just as we to have full knowledge of Government of this country on the actions of our cannot meet the needs of our military, personnel and their activities in order Government. our schools, and our health care facili- to exercise its advice and consent re- In closing, I do not believe Judge ties. sponsibility fully. Chertoff is an architect of the policy to I find it troubling that—at the same To deny the Senate information deny the public their right to know time as it cuts support for police, fire- about what public officials are doing at what their Government is doing. That fighters, schoolchildren, and hos- taxpayers’ expense is essentially to point needs to be made crystal clear. If pitals—this administration continues deny the American people their right I thought that were the case, I would to view as sacrosanct the massive tax to know what their Government is or is not support this nominee. I think cuts worth $1.6 trillion that benefit not doing in the name of its citizens. Judge Chertoff has made clear how he only some of the most wealthy individ- To deny the American people their views these matters. But Senator

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LEVIN has raised a very important cessor to the INS, which manages im- Chertoff in this new role and I support issue that transcends this nomination migration in this country. This job of his confirmation. and reaches every agency and office in Judge Chertoff is not primarily about The PRESIDING OFFICER. Who this government. It is the issue of pre- keeping people out of the United yields time? The Senator from Maine. serving the openness, transparency, States; it is also about welcoming new Ms. COLLINS. Mr. President, I yield and accountability of our democratic Americans into the United States. 5 minutes to the distinguished Senator government. I thank Senator LEVIN The numbers are down some since from Virginia and, from the minority’s who, once again, during his service 2001, but as many as 1 million immi- time, I will yield 10 minutes to the dis- here, has proved how valuable atten- grants become new American citizens tinguished Senator from New York. tion to detail is. I commend my col- each year. The PRESIDING OFFICER. Without league for raising it. I have attended a number of the cere- objection, the Senator from Virginia is I thank the indulgence of the Chair. monies which are held in Federal recognized. I yield the floor. courthouses all over America every Mr. WARNER. Mr. President, I am f month to welcome and naturalize these privileged to be the new boy on Sen- new citizens. I was in Nashville in De- ator COLLINS’s committee. My mission CONCLUSION OF MORNING cember when 50 or 60 people from all is to try to achieve the smoothest BUSINESS backgrounds were administered the working relationship between the De- The PRESIDING OFFICER. Morning oath of allegiance by Judge Echols. partment of Defense, with which I have business is now closed. The oath requires each new American been privileged to work these 27 years f to renounce any old allegiance and in the Senate, and the distinguished swear a new one to the United States new department and the committee for RECESS of America. homeland defense over which my col- The PRESIDING OFFICER. Under Each one of these new citizens has league presides as able chairman to- the previous order, the hour of 12:30 waited at least 5 years. They have gether with Senator LIEBERMAN. p.m. having arrived, the Senate will learned English. They have learned Just a word or two I want to speak stand in recess until the hour of 2:15 something about U.S. history. They on Judge Chertoff. I, frankly, had not p.m. have proved they are of good character. met him prior to the President’s very Thereupon, the Senate, at 12:38 p.m., Many new citizens have tears in their wise selection of this able individual. I recessed until 2:14 p.m. and reassem- eyes as they recite that oath. It is an rise today to urge my colleagues to bled when called to order by the Pre- inspiring scene. Each of these new citi- give the strongest endorsement pos- siding Officer (Mr. VOINOVICH). zens brings a new background and cul- sible to this nominee. f tural tradition to the rich fabric of I started my career as a young law- American life. That increases our mag- yer, a prosecutor, but my first job out EXECUTIVE SESSION nificent diversity, but diversity is not of law school was law clerk to a Fed- our most important characteristic. eral circuit court judge, the same posi- Jerusalem is diverse. The Balkans tion that Judge Chertoff holds today. I NOMINATION OF MICHAEL are diverse. Iraq is diverse. A lot of the recall all through law school and the CHERTOFF TO BE SECRETARY world is diverse. What is unique about early part of, I guess about 8 or 10 OF HOMELAND SECURITY the United States of America is that years that I practiced law, lawyers al- The PRESIDING OFFICER. Under we take all of that diversity and make ways thought: Maybe someday I could the previous order, the Senate will pro- ourselves into one country. We are able be a judge, a Federal judge. The whole ceed to executive session and resume to say we are all Americans. We do bar looks up to the judicial branch, as consideration of the following nomina- that because we unify it with prin- they should. It is the third branch of tion, which the clerk will report. ciples and values in which we all be- our magnificent Republic. When an in- The assistant legislative clerk read lieve: liberty, equality, rule of law. It dividual is selected by a President and the nomination of Michael Chertoff, of also helps that we speak a common confirmed in the Senate, he or she then New Jersey, to be Secretary of Home- language. It is hard to be one people if dons that black robe, and it is a life- land Security. we cannot talk with one another. Many time appointment. The PRESIDING OFFICER. Who of these new citizens and many others I was privileged to observe the life of yields time? living in this country lack a solid grasp a Federal judge. My judge was E. Bar- The Senator from Maine. of our common language or a clear un- rett Prettyman, and I had the privilege Ms. COLLINS. Mr. President, I yield derstanding of our history and civic of standing on this very floor several 5 minutes to the distinguished Senator culture. Without proficiency in years ago and recommending the Fed- from Tennessee. English, our common language, and an eral courthouse here in Washington be The PRESIDING OFFICER. The Sen- understanding of our history and val- named for Judge Prettyman. I am al- ator from Tennessee. ues, immigrants will find it difficult to ways grateful to the Senate for its wis- Mr. ALEXANDER. Mr. President, I integrate themselves into our Amer- dom in accepting my recommendation. thank the Senator from Maine for ican society. But I remember that judge so well. He yielding me time. So my hope today is that Judge had the strongest influence on my life. I am in support of the President’s Chertoff does a magnificent job in his I aspired at one time to be a Federal nominee, Judge Michael Chertoff. He role at preventing terrorism. My hope judge, but I hastily tell my colleagues seems to have worked for almost every also is that he does a good job in keep- I am not sure I ever would have been part of the Federal Government, in- ing out of this country people who are qualified, for various reasons. cluding this body. I heard the Senator not legally supposed to be here. But But when you accept that appoint- from Maine say that she had never seen equally important is Secretary ment you take that oath of office for a better witness before her committee. Chertoff’s role in welcoming new citi- life. That is why I, and I think most if As Secretary of Homeland Security, zens to this country, helping them not every one of my colleagues, spend Judge Chertoff will play a very impor- learn our history, our common lan- so much time working with our Presi- tant and visible role in our everyday guage—helping all of us remember dents to find the best qualified people lives, protecting us from terrorism, but those principles that unite us as one to assume these important jobs in the my purpose today is to highlight an- country. That is a part of the Depart- Federal judiciary. But it is a lifetime other job he has. He is also the chief ment of Homeland Security. It is of in- appointment. immigration officer. As Secretary, he creasing interest to Members of the When I looked at Judge Chertoff in will oversee the Bureau of Citizenship Senate on both sides of the aisle, and I my office, we compared experiences. He and Immigration Services, the suc- look forward to working with Judge was a law clerk on the Supreme Court,

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2245 so he had gone through some of the The Department of Homeland Secu- with Canada. New York, of course, has similar experiences that I had as a law- rity was run by admirable people, but a 300-mile such border. As of last year, yer, and also I was assistant U.S. attor- their constitution was such that when we were short more than 1,400 Customs ney as was he. I said: You have to ex- they went into the Oval Office, they and Border Protection officers on that plain to me why you gave up a lifetime didn’t make much of a fight for the border. Judge Chertoff promised to appointment to a position in which you things that were necessary. make securing the northern border a can control your hours and largely con- I asked Judge Chertoff about that priority, should he be confirmed by the trol your vacations and have a magnifi- when I met him. I said: I am sure you Senate. cent family life and everything else to are not going to make a public fight, I also pressed Judge Chertoff on take on this enormous, uncertain chal- but are you privately, within the con- other matters, areas in which the Gov- lenge. fines of the Oval Office, going to de- ernment should do more to protect the He looked me in the eye, and he said: mand the funds that this Department homeland. I discussed with him the In America, you have to step up and be needs to make us secure? He told me he creation of an assistant secretary for counted when the President and the would. cybersecurity, something I have raised citizens of this Nation need you. I give There is no doubt Judge Chertoff has before, given reports of the mounting up this position with great reluctance, been blessed with a brilliant mind, and attacks on our computer systems. On but I accept the next position and I he has formidable experience as a pros- these and on other matters, Judge will give it everything I have ever been ecutor, as Chief of the Justice Depart- Chertoff has shown a willingness to de- taught in terms of how to do some- ment’s Criminal Division, and more re- liberate and be openminded and that thing for this country. cently as an appellate judge. He now means a lot in my book. That deeply touched me, Madam faces the toughest challenge of his thus In conclusion, the task of the next Chairman. I feel very confident that, far impressive career. He will be called Secretary will be difficult. The stakes with the advice and consent of this au- upon to lead and manage a Department couldn’t be higher. Based on his record gust body, we will send forth an indi- of 170,000 employees, forged out of 22 of achievement and my personal meet- vidual eminently qualified to handle separate Government agencies, still ings with him, I have high hopes for this position, and one who will bring not all working together. That is no Judge Chertoff. I hope and pray he about the necessary security that this small task. lives up to those high hopes. I will vote country deserves and needs and ex- Judge Chertoff will have to be smart, yes on the nomination of Michael pects. tough, dedicated, and savvy—but a Chertoff as Secretary of the Depart- I yield the floor. keen mind and a strong work ethic will The PRESIDING OFFICER. The Sen- ment of Homeland Security. not be enough. As I have said, what has Ms. COLLINS. Mr. President, I thank ator from New York is recognized. Mr. SCHUMER. Mr. President, I also been missing from homeland security my colleague from New York for his rise to speak in support of the nomina- has been funds and focus. A color-coded excellent statement. tion of Michael Chertoff. warning system can have all the colors I see a very valuable member of the Today we vote on one of the most im- in the rainbow, but without adequate committee, the Senator from Hawaii, portant Cabinet positions in our Gov- funding for vital programs and without is here to speak. I am prepared to yield ernment, and that is Secretary of the a laser-like focus, we are not serving to him 10 minutes from the minority Department of Homeland Security. the people well. Judge Chertoff assured side. New York, perhaps more than any me he would fight hard for the funds The PRESIDING OFFICER. The Sen- other State in the Union, knows the and maintain a strong focus to main- ator from Hawaii. need for a strong defense at home. tain these programs at the Department Mr. AKAKA. Mr. President, I rise Therefore, I take this vote very seri- if confirmed. If my reading of his char- today to discuss the nomination of ously. I have considered carefully acter and personality is correct, he will Judge Michael Chertoff to be Secretary Judge Michael Chertoff’s background. I make those fights inside the adminis- of the Department of Homeland Secu- have considered his experience, and I tration that have been lacking thus rity, DHS. met with him personally to express the far. Since the inception of DHS in 2003, needs and concerns of the citizens of Judge Chertoff, of course, will also Secretary Tom Ridge has led the de- New York and my own concerns about have to commit himself to working partment with strength and grace. His what we have and have not been doing with Members of Congress in a bipar- tenure sets a high standard for future when it comes to homeland security. tisan way, so together we can best pro- secretaries to meet. I would like to After careful review and after hear- tect the homeland. take this opportunity to thank Sec- ing his commitment to work with me Unfortunately, as I said in the past, retary Ridge for his hard work and and other Members of this body, I in- sometimes this administration has dedication to his country. tend to vote in favor of Judge acted with too much secrecy and too As a member of the Homeland Secu- Chertoff’s nomination for this vital often it has failed to consult Congress. rity and Governmental Affairs Com- post. It is clear, crystal clear, that Too often it behaved as if it has a mo- mittee, I was able to discuss with Judge Chertoff has the intelligence and nopoly on wisdom. I am optimistic that Judge Chertoff his positions on issues the skill to run this behemoth Depart- Judge Chertoff will, as he has assured such as the DHS personnel regulations, ment. There is no question about that. me, work with us in a bipartisan way. civil liberties, and bioterrorism. Judge But what has really been missing from I have also talked to him about the Chertoff expressed his commitment to the Government is an advocate for need for changing the funding formula these issues and promised he would in- funds and focus in homeland security so funds are not distributed simply as vestigate and report back to the com- that will protect New York and the if they were dropped from an airplane, mittee on a number of DHS policies of rest of the country. Judge Chertoff as- but go to the places of the greatest concern to me. sured me he would fight within the ad- need. There were five main points that I ministration for resources that have I have told him it is unconscionable raised with Judge Chertoff. First, I been missing in homeland security. Wyoming gets more on a per-capita asked for his assurance that he will de- It is no secret that, while we have basis for homeland security than New fend the Constitution to safeguard our given all the money it takes to fight York. He has told me that we have a civil liberties. The price of security the war on terror overseas, we have real problem with the funding formula; should never erode our constitutional shortchanged the domestic war on ter- he knows it has to be changed and he freedoms, which are essential to the ror at home. Program after program, would work to change it. preservation of this democracy. One which we all admit is necessary to de- I have also raised with Judge specific activity I have concerns about fend us at home, is shortchanged when Chertoff the serious problems of staff- is data mining, which could involve the it comes to funding and focus. ing we have at the northern border collection of personal data that could

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2246 CONGRESSIONAL RECORD—SENATE February 15, 2005 violate an individual’s privacy rights. threats our Nation currently faces, and candidly. His responses to more than Judge Chertoff affirmed his commit- as such I hope I can count on his sup- 250 written questions my committee ment to liberty and privacy, and I will port for my bill. presented to him were just as forth- continue to monitor DHS closely to en- The final issue I discussed with the right. His nomination was endorsed by sure that he fulfills that commitment. Judge is the security challenges for my a unanimous vote. We also discussed the just-released home State of Hawaii, 2,500 miles from I mention this because there should personnel regulations covering the the West Coast. Being the only island be no impression among our colleagues 180,000 men and women who staff DHS. State, Hawaii has been blessed with di- that our committee did not do a thor- To make these new regulations work, verse and breathtaking geography and ough job in questioning Judge Chertoff. there must be significant and meaning- a unique culture. However, its geo- To the contrary, he was subjected to ful outreach to this dedicated work- graphic location poses challenges to se- hundreds of questions. He responded to force, their unions, and their man- curing the State from asymmetric every question posed to him at our agers. A well-managed organization threats. For example, when disaster committee’s lengthy nomination hear- values employee input and understands strikes, Hawaii cannot call on neigh- ing. And every member of the com- the important role employees play in boring States for assistance due to dis- mittee, on both sides of the aisle, had protecting against mismanagement. To tance and time difference. Our eight in- ample opportunity to question Judge undermine opportunities for employees habited islands must be self sufficient. Chertoff on whatever issues they to voice concerns or even have notice For that reason, I have established wished to raise with him. of departmental changes unnecessarily positive working relationships with In fact, I am aware of no opposition harms workers. Secretary Ridge and senior policy- to his nomination. Virtually the only My third concern is the protection of makers from DHS as well as from issue we have debated during the whistleblower rights in the depart- PACOM and NORTHCOM to ensure course of these proceedings is one that ment. Whistleblowers alert Congress that when national homeland security I believe has no bearing whatsoever on and the public to threats to health, policies are being formulated, the Judge Chertoff’s fitness to serve in this waste of taxpayer money, and other in- needs of Hawaii are kept under consid- critical capacity. This issue is the de- formation vital to running an effective eration. Judge Chertoff promised to be mand, by a few of our colleagues, for and efficient government. I asked mindful of these unique needs and to information regarding the FBI’s per- Judge Chertoff to pledge to protect continue the positive relationship Ha- sonnel working at Guantanamo Bay’s whistleblowers and foster an open work waii has enjoyed with Secretary Ridge. detention facility and what informa- environment that promotes the disclo- I also note I am pleased Judge tion they may have had about interro- sure of Government mismanagement Chertoff has stressed the importance of gation techniques used on detainees by and Government illegality. In response, close cooperation with Congress, par- Department of Defense personnel. he promised ‘‘to support whistle- ticularly the Homeland Security and Let me make clear that all of us have blowers and to support candid assess- Governmental Affairs Committee, and concerns about the proper and humane ments by employees when there are has promised to provide the informa- treatment of our detainees. The distin- problems in the department.’’ I am tion we need to fulfill our oversight re- guished chairman of the Armed Serv- pleased he acknowledges the impor- sponsibilities. ices Committee, who also serves on our tance of whistleblowers to a Federal With Judge Chertoff’s assurances committee, held a number of hearings agency and has vowed to protect their that he will protect civil liberties and to explore the treatment of detainees. rights. As ranking member of the Sub- whistleblower rights, work openly with It is my understanding that the Senate committee on Oversight of Government Congress, and prioritize the other Intelligence Committee is also embark- Management, the Federal Workforce, issues I have detailed today, I will sup- ing on an investigation of the treat- and the District of Columbia, and the port his nomination to be the Sec- ment of detainees by CIA personnel. So author of whistleblower protection leg- retary of Homeland Security. I believe this is an issue. But the problem is, islation, I will be monitoring the de- he has the professionalism and the this is not an issue in which Judge partment closely to ensure that Judge commitment to serve the department Chertoff has been involved in setting Chertoff follows through on this prom- well, and I hope we, in the Congress, policy. He is being asked for informa- ise. will enjoy a long and productive rela- tion he simply does not have. The fourth issue on which I asked for tionship with him. At our committee’s nomination hear- Judge Chertoff’s commitment was bio- Thank you very much, Madam Chair- ing, Judge Chertoff was asked about terrorism and, more specifically, agri- man. these concerns by my distinguished culture security. Since 2001, I have The PRESIDING OFFICER. The Sen- colleague from Michigan, Senator urged the administration to develop a ator from Maine. LEVIN. Judge Chertoff’s answer was un- coordinated response to bioterrorism Ms. COLLINS. Mr. President, I thank equivocal. Let me read it to you. He and agroterrorism through legislation, my colleague from Hawaii for his ex- said: which is critical to the health and safe- cellent statement. He is a very valu- I was not aware during my tenure at the ty of Americans. able member of the committee, and I Department of Justice that there were prac- Yesterday, I had the opportunity to very much enjoy working with him. tices at Guantanamo, if there were practices participate in a gaming exercise called I rise again today in support of the at Guantanamo, that would be torture or ‘‘Scarlet Shield’’ at the National De- nomination of Judge Michael Chertoff anything even approaching torture. fense University that postulated a bio- to be the new Secretary of Homeland He was not aware—not he did not re- terrorist attack. This exercise brought Security. As the Presiding Officer call not he was not sure; He was not home to me the need to do much more knows better than most, this is one of aware. That is unambiguous testi- in ensuring an effective, coordinated the most challenging and critical jobs mony. response. in the entire Federal Government. Our responsibility as Senators to ad- I will introduce shortly the Home- Judge Chertoff is clearly the right per- vise and consent on executive branch land Security Food and Agriculture son to take the helm of this Depart- nominees is a solemn one. It is one, as Act of 2005, which will improve State, ment, and it is past time to put him in chairman of the committee, I take local, and tribal governments’ ability that post. very seriously. If there were a good to respond to an attack on the food The Committee on Homeland Secu- reason to delay consideration of a nom- supply and facilitate DHS’s coordina- rity and Governmental Affairs held a ination in order to secure important tion with other Federal agencies with nomination hearing for Judge Chertoff information, then delay would be ap- food and agriculture responsibilities. on February 2. It was a long and thor- propriate; it would be called for. But Judge Chertoff agrees with me that ough hearing. Judge Chertoff answered expecting a nominee to provide infor- bioterrorism is one of the greatest every question posed to him fully and mation that he has sworn under oath

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They have been vidual of Michael Chertoff’s quality, was a line to get through, and that is asked at the hearing. And they have with his commitment to public service, what happens. So we are always re- been asked posthearing. who is willing to answer the call of his minded. Go into a building, popular Judge Michael Chertoff is eminently country. I hope he will be unanimously places, and you cannot go into those qualified for this important position. confirmed later this afternoon. places, wherever they are, whether In his distinguished career, he has es- I suggest the absence of a quorum. they are concerts or whether they are tablished a strong reputation as a The PRESIDING OFFICER. The educational forums, if it has any vol- tough prosecutor. But he has estab- clerk will call the roll. ume of attendance, you will invariably lished a reputation as a fierce defender The assistant legislative clerk pro- see the security process at play. We are of civil liberties. His position on the ceeded to call the roll. worried about our families and our so- balance between these two critical Ms. COLLINS. Mr. President, I ask ciety, how we function. roles was made clear in his testimony unanimous consent that the order for Judge Chertoff has been selected to before the committee. He said: the quorum call be rescinded. be the next Secretary for Homeland Se- curity. It is fair to say that Secretary I believe that we cannot live in liberty The PRESIDING OFFICER. Without without security, but we would not want to objection, it is so ordered. Ridge did a good job in trying to amal- live in security without liberty. Ms. COLLINS. Mr. President, I ask gamate all these parts into an organi- I cannot think of a more eloquent unanimous consent to speak as in zation with 180,000 people. It is an enor- mous task. Fortunately, the foresight statement by a nominee, showing us— morning business for up to 10 minutes to name someone such as Michael demonstrating beyond a doubt—he and that this speech not interrupt the Chertoff to this post did present an un- clearly understands that as he in- debate on the Chertoff nomination. usual and appropriate candidate. He re- creases security for our Nation, he The PRESIDING OFFICER. Without ceived undergraduate law degrees with must be ever mindful of privacy rights, objection, it is so ordered. honor from Harvard University. After of civil liberties, of the very freedoms Ms. COLLINS. Mr. President, I will law school, he clerked on the Second that define us as Americans, and that withhold that request so that the Sen- ator from New Jersey, who has just Circuit Court of Appeals. Following we cherish. Indeed, we would be hand- that clerkship, he went on to serve as ing the terrorists a victory if we so come to the Chamber, may speak on the nomination. I yield him 10 minutes a clerk for a great New Jerseyan, Su- compromised our freedoms in the name preme Court Justice William J. Bren- of security. Judge Chertoff understands from the minority side. The PRESIDING OFFICER. Without nan. that tension, that balance, the need for In 1990, Michael Chertoff, in his mete- objection, it is so ordered. constant evaluation. oric rise to the top because of his abil- The Senator from New Jersey. Judge Chertoff has also demonstrated ity, became the U.S. attorney for the Mr. LAUTENBERG. Mr. President, I a great ability to work with law en- District of New Jersey. During that thank the chairman of the Govern- forcement agencies at all levels of Gov- tenure, less than 4 years, he was so ag- mental Affairs Committee for that ernment. He has a keen understanding gressive in tackling organized crime, courtesy. This is a task we are pleased of the broad range of homeland secu- public corruption, health care, and rity vulnerabilities faced by States and to take on. For me, it is a moment of bank fraud, with great success in mak- communities throughout the country. special significance. We are proud of ing the perpetrators of these crimes When I have talked to law enforce- the fact that Judge Michael Chertoff, pay the price and get out of the com- ment officials from Maine to California the nominee to be Secretary of Home- munity orbit so we could approach about Judge Chertoff, they have unani- land Security, is from New Jersey. I things correctly and honestly. mously and enthusiastically embraced hope we are going to see a strong vote Michael Chertoff also played a crit- his nomination. They know he will lis- for his confirmation. ical role in helping the New Jersey ten to State and local law enforcement, I thank our chairman and leader in State legislature investigate racial and that he views them as partners in the Governmental Affairs Committee profiling in our State. It was a blight our fight to tighten and improve our for her persistence in moving some on our community. Driving while homeland security. very important matters through that Black should not be a crime, and we I point out that Judge Chertoff was committee. She worked very hard at it. identified that very clearly. As a mat- confirmed three times previously by First it was the intelligence reform ter of fact, oddly enough, the present this body. He was confirmed over- bill. While I was annoyed that I had to attorney general of the State of New whelmingly by both sides of the aisle 2 work Saturdays and other days, the Jersey, a fellow named Peter Harvey, years ago for one of the highest courts fact is, without the diligence shown by distinguished attorney and outstanding in the land. And now, having attained a the Senator from Maine, we would not member of the Governor’s cabinet, was lifelong appointment at the pinnacle of have gotten it through. We were on the stopped on one of our highways. He had his legal profession, he nevertheless is edge of the precipice when finally it pulled into a restaurant parking lot, giving that up. He is giving up a life- passed, and I was enthusiastic to try to and a policeman came over and asked time appointment on one of the most be of help there. So it is with this issue to check his license and to inspect his prestigious courts in the country to as well. car for no reason other than the fact step forward to serve our Nation in one This is an important day for Amer- that he was Black. There was no other of the most difficult jobs imaginable, ica. We all are concerned about the reason. He had no suspicion sur- one of the most thankless jobs in the issue that haunts us constantly. Memo- rounding his presence. Yet our attor- Federal Government. ries of 9/11 will never leave the minds of ney general, then a lawyer, was I remind my colleagues of what he those who were alive or who study stopped because of color. That should told our committee when I asked him American history in the future. It was not be a crime. Thanks in part to why he was willing to give up that a terrible day for America. We live Judge Chertoff’s efforts, the State leg- judgeship, why he was willing to make every day with the remnants of that islature passed a bill to ban racial that sacrifice. He said—and his words reminder. profiling. That prompted me to intro- are eloquent— This morning, in the Commerce Com- duce the first bill in the U.S. Senate to September 11th and the challenge it posed mittee on which I sit, we had a discus- address this issue. The results have was, at least to my lights, the greatest chal- sion on aviation safety and baggage se- been excellent.

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Here we have a would give up a lifetime tenure on the Democrats’ time. chance once again to express some bi- second highest court in the land to ac- Mr. LAUTENBERG. We are glad to partisanship by voting for an out- cept a call to duty. We hope this tenure take that responsibility. I may ask for standing candidate to be the next Sec- will be better, but it will have to be a minute or two more. retary of Homeland Security. earned every day of his career. The PRESIDING OFFICER. The Sen- I yield the floor. The mission of the Department of ator is recognized for 5 more minutes. Mr. JEFFORDS. Mr. President, We Homeland Security is critical to our Mr. LAUTENBERG. Mr. President, are here today discussing the nomina- country and to my State of New Jer- the 9/11 Commission report stated: tion of Judge Michael Chertoff to be sey. On September 11, 2001, 700 of the Homeland security assistance should be the next Secretary of the United States almost 3,000 people who perished that based strictly on an assessment of risks and Department of Homeland Security. day came from the State of New Jer- vulnerabilities. Federal homeland security Let me begin by thanking Secretary sey. There is hardly anyone in our assistance should not remain a program for Ridge for all he did in leading the de- State who didn’t know someone or general revenue sharing. partment through its creation and some family member of someone who The 9/11 Commission correctly under- start-up. It was a difficult job and the died that day in the World Trade Cen- stood that homeland security is too Nation owes him a debt of gratitude for ter. important to be caught up in pork-bar- tackling this difficult task. I was a commissioner of the Port Au- rel politics. That is why Senator I opposed the creation of the Depart- thority of New York and New Jersey CORZINE and I introduced a bill last ment of Homeland Security, in part, when I was elected to the Senate, and week, S. 308, requiring that all home- because I was concerned that by com- those Trade Center buildings were kind land security grants for terrorism pre- bining disparate areas of the Federal of a business home for me. vention and preparedness be based on Government we could create more From the location where I live now, I relative risks, threats, and problems than benefits. Several recent could see the silhouette and the trade vulnerabilities. I hope my colleagues reports from the Government Account- centers always as a landmark. It was a will see that that is in the national in- ability Office have shown that this is a pleasure to get up in the morning and terest and support that legislation. I valid concern. see the sun coming over the tops of know Judge Chertoff understands that The next Secretary of the Homeland those buildings. Yes, when we saw what problem. He is a highly intelligent, Security Department will need to focus happened that day, smoke rising from competent, and dedicated public serv- time and energy on ensuring that the the World Trade Center buildings, as ant who has compiled a number of im- various divisions within the depart- each one collapsed in a crush of flames pressive accomplishments in all three ment become integrated. A separate and debris, that can never be forgotten. branches of the Federal Government. I and divided Department of Homeland The New York/New Jersey region bore ask my colleagues to vote to confirm Security cannot work to increase our the brunt of those attacks on that ter- him. national security. Our best chance for rible day. I would like to add a word. Right It continues to be identified, by the preventing another terrorist attack re- now, we are talking about whether the way, by the FBI as the most at-risk lies on a coordinated and well run minority is obstructing progress on dif- area for terrorist attack. The 2 miles agency. If this does not occur, I fear ferent issues—Social Security and that go from Newark Liberty Airport that my original concern regarding the other legislation that is before us that to the New York/New Jersey harbor are creation of this entity will be realized. needs attention. Here is an example of said by the FBI to be the most inviting Judge Chertoff has an impressive re- where we can arrive at a consensus targets for terrorists. Judge Chertoff sume and, in fact, has already been understands this. When Senator view with dispatch—get it done. We confirmed by the Senate for several po- know Judge Chertoff is an excellent sitions. His experience includes serving CORZINE and I talked with Michael Chertoff, we didn’t have to remind him candidate, but that is not to say there as a Federal appellate court judge, about what that area looks like, what may not be a vote against him. There United States Attorney, and head of that stretch of land is like that could were votes against the confirmation of the Criminal Division at the United be so inviting to terrorists. I am con- Secretary Condoleezza Rice. There was States Department of Justice. How- fident Judge Chertoff will work to tar- a difference of view. It was the same ever, questions have been raised about get homeland security grants to areas thing with Mr. Gonzales. But it reflects the potential involvement of Judge where the actual risk and threat of ter- the fact that the minority is rep- Chertoff in the prison abuse scandals, rorism are the greatest. resented. There were many people from an issue that was pivotal in my opposi- This is not just about New York and the Democratic side who voted for Sec- tion to Judge Gonzales being confirmed New Jersey. There are many high-risk retary Rice and for Attorney General as the United States Attorney General. States—some are colored red in the po- Gonzales. But why is there a move un- Senators LEVIN and LIEBERMAN have litical description that we use today, derway—I use this opportunity to say been working to determine whether and some are blue. Examples: Texas, this—to undercut the voice of the mi- Judge Chertoff had any knowledge Florida, California, Georgia, Illinois, nority? It was said by our leader here about the scandal, and they deserve Virginia—the list goes on of States that 48 million people voted Democrat our profound thanks. However, as in where there are inviting targets for in the last Presidential election. Do we too many cases, this administration terrorists. These high-risk States are want to say that those voices should has made a decision to keep much of not getting enough funding because, not be heard? Never. the information from the public. The under current law, 40 percent of all Mr. President, I know you and our citizens of the United States deserve homeland security grants—over $1 bil- chairperson, Senator COLLINS, were honesty and openness from the govern- lion each year—is given to each and elected with good support from your ment. every State regardless of risk and constituents. Does that free you from The information that has been re- threat. That doesn’t make sense. representing the part of the constitu- vealed shows that Judge Chertoff had The PRESIDING OFFICER (Mr. ency that didn’t vote for you? Not at no knowledge or involvement in the COLEMAN). The Senator has used his 10 all. We have to recognize that schemes torture scandal. I must make a deci- minutes. that would deprive the minority from sion based on the record I have in front

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2249 of me, not on the possibility of the leave the bench before retirement. law enforcement training, and better record I do not know. Reviewing this However, Judge Chertoff is not a man prosecute gang violence, fight senior fi- record leads me to believe that Judge who will shirk from his duty. His na- nancial fraud, establish school hotlines Chertoff would be capable of per- tion called and asked him to sacrifice. and many other vital efforts to fight forming the duties of Secretary of the He answered that call and stood up to crime that knows no jurisdictional Department of Homeland Security, and be counted during a period of war. boundaries. I will thus support his confirmation to This is true not only for the time The challenge for DHS is, of course, that position. that he spent affiliated with the Jus- even larger. It is my hope that Judge Chertoff tice Department but in his everyday Unfortunately, 3 years after 9/11 will complete the work that Secretary practice. For example, Judge Chertoff there is a huge gap between Wash- Ridge began and create an integrated served as special counsel to the New ington and our first responders on the Department of Homeland Security. I Jersey Senate Judiciary Committee in ground. In his fiscal year 2006 budget, also hope that Judge Chertoff will be its investigation of racial profiling. the President proposed consolidating able to lead by example and create the Under his counsel, the committee and reducing funding for State and open environment at the Department held nine hearings examining racial local heroes. of Homeland Security that my con- profiling allegations, concluding that At a time when our law enforcement stituents and the citizens of this Na- the former attorney general had misled agencies are being asked to do more tion deserve and expect. the committee and had attempted to with less, the President apparently be- It will take many hours of hard work cover up the extent of racial profiling lieves they should have even less. The and it will not be easy. I wish him the in New Jersey from the U.S. Depart- President’s budget for next year elimi- best of luck in accomplishing the task. ment of Justice. nates funding for new hires under the Mr. HATCH. Mr. President, today I After a convicted rapist was mistak- COPS grants, which have helped to put rise in strong support of the nomina- enly released from prison, Mr. Chertoff 1,289 additional officers on the streets tion of Judge Michael Chertoff to be- again served as special counsel for the in Colorado. The President’s budget come Secretary of Homeland Security. New Jersey Senate Judiciary Com- also calls for a 24 percent cut in home- Voting in favor of Judge Chertoff and mittee during its hearings into the ap- land security grants to States and a commending him on his remarkable ac- plication of Megan’s Law, which re- complete elimination of grants to rural complishments is beginning to become quires State correction officials to no- fire fighters. a habit for us. tify prosecutors 90 days prior to the re- At the same time, the Homeland Se- At the beginning of President Bush’s lease of a sex offender, and the reasons curity grant money that is available is first term, Judge Chertoff was nomi- why it was not being systematically not flowing effectively to State and nated to become Assistant Attorney employed by the State. local agencies. Police, fire and emer- General for the Criminal Division. To Mr. Chertoff also represented three gency medical departments are not this position, he brought years of expe- indigent defendants on death row in getting the help they need. Worse yet, rience as a Federal prosecutor in New Arkansas through a program operated critical anti-terrorism intelligence is York and a highly successful term as by the NAACP Legal Defense Fund. not getting to the law enforcement per- the U.S. attorney for the District of The death sentences of all three de- sonnel on the ground who can act on it. NewJersey. fendants were overturned on the appeal I met with Mike Chertoff and he As a prosecutor, Judge Chertoff han- that he handled. promised me that he would work to dled a wide variety of complex crimes I understand that Judge Chertoff re- better coordinate Federal, State and that included successfully prosecuting ceived the unanimous approval of the local agencies. I appreciated his candor a RICO murder case involving the Homeland Security and Governmental in our meeting, but I am very dis- third-ranking member of the Genovese Affairs Committee, with one member appointed to see his unwillingness to La Cosa Nostra Family and others. The voting ‘‘present.’’ I believe that this is respond to a series of very straight- principal defendants were convicted of not only a reflection on the judge’s cre- forward questions posed by Senators conspiring to murder John Gotti and dentials but a realization that securing Levin and Lieberman. murdering a mob associate. They each the homeland is not a partisan issue, Here is why this matters: we need a received 75 to 80 year prison terms. but a commitment by the Government straight-shooting and straight-talking He also successfully prosecuted the to its people that we will find the best person in this job. Judge Chertoff will Mafia Commission Case, which charged leaders to defend our Nation. Judge face the awesome task of wrangling the the bosses of all five New York La Cosa Chertoff time and time again has set 180,000 employees and 22 agencies that Nostra Families with operating a na- the standard by which others will have form the Department of Homeland Se- tional commission through a pattern of to follow. curity. Secretary Tom Ridge started racketeering acts such as extortion, Mr. President, it has been my privi- the process of cutting the bureaucratic loan sharking, and the murders of a lege to know Judge Chertoff for a num- red tape and integrating the depart- mafia boss and two associates. ber of years and I can honestly say that ment. DHS took a number of steps, in- Upon his confirmation, Mr. Chertoff the President has made an inspired de- cluding establishing an Operational In- ran the Criminal Division of the De- cision in this nomination. tegration Staff, but a great deal is still partment of Justice during the trying Mr. SALAZAR. Mr. President, I rise left to do. days after September 11. As Senator today to discuss the nomination of Judge Chertoff has experience mov- COLLINS stated: Judge Michael Chertoff to be our Na- ing unwieldy bureaucracy in times of since 9/11, Judge Chertoff has established tion’s second Homeland Security Sec- crisis. As Assistant Attorney General himself as a leading expert on the legal and retary. of the Criminal Division of the Depart- national security issues surrounding the war Our next Homeland Security chief ment of Justice from 2001–2003, Chertoff on terror. will face a number of urgent chal- shared information and coordinated After this period, in which I worked lenges. I believe the most pressing of antiterrorism efforts not only across closely with the Criminal Division of those will be better coordinating our DOJ, but also with DHS and foreign the Justice Department to formulate Federal, State and local homeland se- law enforcement. Chertoff also pushed the PATRIOT ACT, Judge Chertoff was curity personnel. resources to the field where they were nominated to the third Circuit and was When I was Colorado’s attorney gen- needed most. confirmed by a vote of 88 to 1. eral, I started a new effort to bring dis- Chertoff was essentially the Nation’s As we all know, becoming a judge on trict attorneys, police departments and attorney as it prosecuted the war on the 3rd Circuit is a lifetime appoint- sheriffs together to foster interagency terrorism. I know a little about this. ment and the culminating achievement cooperation. That was tough, but it al- As Colorado’s former top attorney, I of many outstanding legal careers. Few lowed us to coordinate and fund better can tell my colleagues that one needs a

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Given his commitment to pub- Alert, and the ever-expanding costs as- some difficult choices. The administra- lic service and the distinguished re- sociated with protecting the most tion has detained terrorism suspects sults of his remarkable career, this densely populated State in the coun- for long periods without access to an statement speaks for itself. try—remarkably homeland security attorney. They have tried to use mili- I wish to emphasize one particular grants to New Jersey were cut in 2005. tary tribunals instead of civilian aspect of Judge Chertoff’s career: his Funding was reduced from $93 million courts. And worst of all, the adminis- role in helping the New Jersey State in 2004 to $61 million in 2005. Newark tration’s uneven record on adherence legislature investigate racial profiling. will see a 17-percent reduction in funds, to the Geneva Convention and on the As special counsel to the State senate from $14.9 million to $12.4 million. And, use of torture is an affront to our Judiciary Committee, he led the com- incredibly, Jersey City’s homeland se- American ideals. mittee probe into how top State offi- curity funds will drop by 60 percent, Chertoff has expressed his belief that cials handled racial profiling by the from $17 million in 2004 to $6.7 million torture is wrong. He expressed his phi- State Police. His work was bipartisan, in 2005. losophy during his confirmation hear- objective, balanced, and thoroughly These cuts leave New Jersey home of ing: ‘‘We cannot live in liberty without professional, and helped expose the fact countless companies and people who security, but we would not want to live that for too long, State authorities keep our economic engine moving; in security without liberty.’’ were aware that statistics showed mi- home of one of the most active and ex- Judge Chertoff has said all the right nority motorists were being treated posed ports in the country; home of one things about preserving civil liberties. unequally by some law enforcement of- of the busiest airports in America; home of our Nation’s new Homeland But we will face numerous threats to ficials, and yet ignored the problem. Security Secretary—36th in the Nation our security over the next 4 years, and This landmark racial profiling inves- in per capita homeland security fund- we will be faced with even tougher tigation demonstrated Judge Chertoff’s choices. It is my sincere hope that ing. ability to balance the State’s responsi- I was pleased that the President’s Chertoff will do a better job than his bility to provide for the public safety budget called for an allocation of predecessors have done in allowing us with protecting our citizens’ civil lib- homeland security funding based on to live with both security and liberty. erties. risk and vulnerability. This common- What strikes me most about Mike Judge Chertoff is uniquely positioned sense approach mirrors the rec- Chertoff is his commitment to public to undertake the enormous challenges ommendations of the 9/11 Commission. service. Two years ago, Chertoff was that come with the position of Sec- Senator FRANK LAUTENBERG and I confirmed for a lifetime appointment retary of Homeland Security. Particu- have introduced legislation that would to the 3rd U.S. Circuit Court of Ap- larly important to the citizens of New require that homeland security funding peals. Chertoff could easily have kept Jersey is his understanding of the crit- be allocated along these lines. This bill that seat forever, but he stepped down ical importance of allocating our grants the Department of Homeland from that secure job to face another homeland security resources to those Security the authority it needs to keep political gauntlet. In short, when duty areas of the country where the risks us safe and will allow Michael Chertoff called, Judge Chertoff answered. and vulnerabilities are greatest. to be an outstanding Secretary of You could not ask for a tougher job New Jersey is on the front lines of Homeland Security. in Washington than Homeland Security terrorism. We lost 700 people on Sep- Judge Chertoff also understands the Secretary. I am hopeful Judge Chertoff tember 11, 2001. Two of the 9/11 terror- critical importance of protecting our is the right person for the job. ists were based in New Jersey, and the chemical facilities. Only a week ago, Mr. CORZINE. Mr. President, I rise anthrax that hit this institution origi- the former Deputy Homeland Security today in strong support of the con- nated in New Jersey. The Post Office in Advisor to the President testified to firmation of Michael Chertoff to be Hamilton, NJ, where the anthrax was this committee that industrial chemi- Secretary of Homeland Security. He is sent, has taken years to clean up and cals are ‘‘acutely vulnerable and al- an extraordinary professional and a re- will finally reopen next week. The most uniquely dangerous,’’ presenting markably talented lawyer. He is highly costs are expected to be $72 million for a ‘‘mass-casualty terrorist potential ri- intelligent, honorable, and impartial. decontamination and $27 million for valed only by improvised nuclear de- He is also a straight shooter, which is the refurbishment of the facility. vices, certain acts of bioterrorism, and exactly what we need right now in this Newark Liberty Airport, and Port the collapse of large, occupied build- position. He is also a personal friend. Newark, and the Ports of Philadelphia ings.’’ He added that chemical plant se- Mr. Chertoff has impeccable creden- and Camden are critical curity ‘‘should be the highest critical tials—not the least of which is being a vulnerabilities. New Jersey is home to infrastructure protection priority for native New Jerseyan. He attended Har- rail lines, bridges, and tunnels to New the Department of Homeland Security vard College and Harvard Law School, York City, as well as chemical plants in the next two years.’’ where he was editor of the Harvard and nuclear facilities. Atlantic City There are other critical issues that Law Review. He then served as a Su- has the second highest concentration the nominee will face and that I am preme Court law clerk. In private prac- of casinos in the country, and between confident he is prepared to take on. tice and public service, he developed a tourists and those who work there, is Our rail lines are woefully unprotected reputation as a brilliant, tough, fair, visited by as many as 300,000 people. and recent accidents have dem- and truly world class litigator, and Wall Street and other financial serv- onstrated the risk that rail transport earned the respect of his peers and ad- ices firms house important front and of toxic chemicals could be attacked by versaries. Indeed, one New Jersey paper back office operations, including clear- terrorists. There is important work re- has even suggested he might be New ance and settlement services, and other maining at TSA, where airport screen- Jersey’s ‘‘Lawyer Laureate.’’ operations essential to the functioning ing is far from complete and where too In recent years, Judge Chertoff has of America’s capital markets in New- little attention has been paid to ground served as Assistant Attorney General ark, Jersey City, and Hoboken. And, transportation. for the Criminal Division and circuit last summer, Newark was one of three And the Department of Homeland Se- judge for the Third Circuit. In each of locations including New York City and curity has not yet adequately con- these capacities and throughout his ca- Washington, DC—that was put on Or- fronted the vulnerabilities of our ports.

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Among them is strongly believe that we as a nation several issues of concern to us, and a Microbial Risk Assessment Center, can be both secure and free. Given Judge Chertoff assured us that he will which has been proposed by the Univer- Judge Chertoff’s work on racial address these issues. Among my key sity of Chicago and would serve as the profiling in New Jersey, I am confident concerns are the new personnel rules national clearinghouse to assess risks that he will pursue law enforcement for Department of Homeland Security from anthrax, smallpox, plague, and strategies that are both effective and employees. I believe the new rules are other possible bioterror threats. unbiased. His stated commitment to far too restrictive when it comes to In addition, the city of Chicago has respecting recent Supreme Court deci- collective bargaining, pay negotia- developed a state-of-the-art command sions on detainees assures me that he tions, and adjudicating grievances. The center where personnel from the city’s will always pursue terrorists within situation at DHS has become even police, fire, and rescue departments the context of our laws and treaty obli- more important since the Bush admin- and representatives of the city’s busi- gations. And his public as well as pri- istration announced its intention to ness community work together in one vate calls for a new approach to detain- give agencies across the Federal Gov- room to monitor the city and, if nec- ees is indicative of a thoughtful and ernment the option of creating similar essary, respond jointly to disasters. I open-minded professional. human resource policies. Judge believe this command center could While I fully understand the concerns Chertoff said he would sit down with serve as a national model, and I en- raised by my colleague from Michigan, the workers who will be affected by the courage Judge Chertoff to examine its I am disappointed that it delayed this rules to listen to their concerns and structure and successes. My decision to support Judge confirmation vote. The Congress has an suggestions. It is important that he do Chertoff is the result of serious delib- obligation to oversee how this adminis- so. As Judge Chertoff told Senator eration. While I am impressed by his tration is treating detainees, in Guan- OBAMA and me: record and his openness, I also have tanamo and around the world. Access It’s important to have a happy and satis- some concerns about the role Judge to FBI memoranda on this topic are fied workforce. This is not going to work if Chertoff played in developing certain critical to this oversight. But this par- people in the department feel like they’re administration policies while he served ticular document has nothing to do being wronged. as the head of the Justice Depart- with Judge Chertoff’s qualifications for Another issue Judge Chertoff prom- ment’s Criminal Division. In that ca- this critical position. Indeed, I have ised to look into is the effort to inte- pacity, Judge Chertoff helped to craft confidence that Judge Chertoff—who grate the separate fingerprint data high-profile initiatives that explicitly has called for more open discussion on bases maintained by the Department of targeted Arabs and Muslims and re- the topic of detention—will work close- Homeland Security and the FBI. Merg- sulted in the detention of thousands of ly with Congress so that we can come ing these two systems into a single, in- tegrated system is not simply a good people. In the aftermath of the 9/11 ter- to a full understanding of what has rorist attacks, the Justice Department idea, it is a congressional mandate. happened and where we go from here. rounded up at least 1,200 immigrants, No one knows what the future may Yet, a recent report by the Justice De- the vast majority of whom were Arab bring. The terrorist threat shifts, and partment’s Inspector General con- or Muslim. The Justice Department’s we are constantly learning about new cluded that the efforts to achieve a Inspector General found that none of fully integrated biometric fingerprint vulnerabilities. At this critical mo- these detainees—not one—was charged ID system have stalled. As one who has ment, I believe that Judge Chertoff has with a terrorist-related offense, and pushed for such a system, I am deeply the kind of commitment, intellect, and that the decision to detain them was troubled by that assessment. More imagination that we need as someone ‘‘extremely attenuated’’ from the 9/11 than three 3 years after 9/11, it is unac- who is focused on keeping us safe, as investigation. The Inspector General someone who understands that home- ceptable that this critical improve- also found that detainees were sub- land security means identifying the ment to our homeland security still jected to harsh conditions of confine- greatest risks and vulnerabilities and had not been accomplished. Judge ment and that some were subjected to making them a priority, as someone Chertoff said the American people ‘‘a pattern of physical and verbal who recognizes that, in protecting our- ‘‘would go ballistic if we can’t get abuse.’’ selves, we cannot sacrifice our basic things to mesh.’’ He is right and the Judge Chertoff also was tangentially principles and values. Mr. President, I American people have every right to be involved in the Justice Department’s am confident that Michael Chertoff is angry. This must get done. I take efforts to legalize abusive interroga- that person. Judge Chertoff at his word when he tion tactics. He reviewed the infamous Mr. DURBIN. Mr. President, I rise says he will make development of an Justice Department ‘‘torture memo’’ today in support of the nomination of integrated biometric fingerprint ID and provided advice on complying with Judge Michael Chertoff to be the new system a priority. the antitorture statute, but he told me Secretary for the Department of Home- Judge Chertoff also promised to look that he did not provide advice on the land Security. into another possible threat to our legality of any specific interrogation Make no mistake, I believe the chal- homeland security, and that is the ap- methods. lenges facing Judge Chertoff at the 2- parent ease with which an ordinary cit- The Justice Department’s ‘‘torture year-old Department are monumental. izen can obtain an airline pilot’s uni- memo’’ narrowly and, I believe, incor- They include negotiating turf battles form. This threat was documented re- rectly redefined torture as limited only with other powerful Cabinet Secre- cently by a Chicago TV reporter. As- to abuse that causes pain equivalent to taries and ensuring that 22 formerly tonishingly, the reporter found that he organ failure or death, and concluded disparate Federal agencies, with a could purchase an authentic pilot’s that the antitorture statute does not combined workforce of 180,000 employ- uniform online—with no identifica- apply to interrogations conducted ees, work together under one central tion—and the uniform would be deliv- under the President’s so-called Com- structure. In addition, Judge Chertoff ered to his doorstep in 48 hours. How mander in Chief authority. will be responsible for protecting our can this happen in a post-9/11 world? This tortured effort to justify torture Nation’s critical infrastructure and for Senator OBAMA and I have asked the helped to create a permissive environ- improving information sharing among Senate Homeland Security and Govern- ment that made it more likely that

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What happened in these one looks at the myriad of problems The August 1, 2002 memo from the places, I believe, has damaged our addressed by and the kind of intellect, Department of Justice’s Office of Legal image and called into question our commitment, and most of all, integrity Counsel, with its absurdly narrow defi- moral authority in some places and it that Judge Chertoff has, it is clear that nition of torture, is the most shocking has increased—not diminished—the he is going to do a superb job on behalf and well-known example of the admin- dangers our troops and our citizens of our country and the safety of our istration’s attempt to radically weaken face in this age of terrorism. homeland. this country’s commitment to treat all Unlike many other administration My compliments to the President for prisoners and detainees humanely and officials, however, Judge Chertoff has sending this nomination to the com- in accordance with international agree- acknowledged that the Government mittee, headed by Senator COLLINS, ments. Another oft-cited example is made mistakes in the aftermath of 9/11. that reported him out quickly, and to Attorney General Gonzales’ January He told me that he opposes ethnic and the Senate for overwhelmingly voting 2002 advice to President Bush that the religious profiling and he is committed for him today. I salute Judge Chertoff ‘‘war on terrorism’’ offers a ‘‘new para- to treating all immigrants fairly and and wish him the best. I hope he is able digm [that] renders obsolete’’ the Ge- to complying with all laws regarding to handle this job with the same kind neva Convention’s protections. the humane treatment of detainees. of excellence that he has handled all I am satisfied by Judge Chertoff’s I take him at his word. I will expect the other jobs we have given him. testimony that, as Assistant Attorney Judge Chertoff, as Secretary of Home- He has plenty of help, which he will General for the Criminal Division, he land Security, to balance America’s need. This is not a job he can do alone. did not provide legal advice that need for security and our respect for It is a very big agency, and I hope ev- strayed below the standard that is ex- civil rights and our heritage as a na- erybody who works there will be part pected from senior members of the Jus- tion of immigrants. There are practical of his team as he works to make Home- tice Department. He testified that ex- reasons, in addition to the legal rea- land Security operate in a way that is ecutive branch officials sought his sons, for seeking such balance. Detain- efficient and good for our country and views on the practical application of ing large numbers of Arab and Muslim for our people. laws prohibiting torture and on specific I yield the floor. immigrants involves a massive invest- techniques. And he testified that tor- ment of law enforcement resources Mrs. CLINTON. Mr. President, when the time comes I intend to vote in ture is illegal and wrong and that he with little no return, and it creates does not believe that the definition of fear and resentment of law enforce- favor of Judge Chertoff’s nomination to be Secretary of Homeland Security. torture in the August 1, 2002 OLC ment in exactly the immigrant com- memo is broad enough. He testified munities whose cooperation we need to There is no position in government of greater importance to the security of that he told executive branch officials defeat terrorism. to ‘‘be sure that you have good faith Finally, Judge Chertoff assured me our country and of my home State of and you’ve operated diligently to make that he will maintain open lines of New York. And so I am glad that the sure what you are considering doing is communication with Congress so that Senate has agreed to devote some time well within the law.’’ Regarding spe- Congress can fulfill its constitutional to a discussion of the important issues cific techniques, Judge Chertoff testi- requirement to oversee whether, and that the next Secretary of Homeland fied that, ‘‘I was not prepared to say to how well, the Department is imple- Security will face. people, to approve things in advance, menting the laws this body passes. Let me say at the outset that I have or to give people speculative opinions For all of these reasons and because some serious concerns about this nomi- that they might later take as some of his record of public service and his nation. These concerns have nothing to kind of a license to do something.’’ candor during this confirmation proc- do with Judge Chertoff’s personal abili- ess, I will support Judge Chertoff’s ties: his professional and intellectual These responses suggest that Judge nomination to be America’s next Sec- qualifications are beyond question, as Chertoff appreciates the importance of retary of Homeland Security. I look is his commitment to public service. upholding America’s long tradition of forward to working with him to make Rather, my concerns are based on the treating prisoners humanely, and of re- America safer in ways that are con- misguided and constitutionally infirm specting international agreements that sistent with our national values and policies that have been drafted by the protect our men and women in uniform heritage, and I wish Judge Chertoff the Department of Justice and imple- as well as our standing in the inter- best of luck as he begins his important mented by the Administration in its national community. While I would new assignment. prosecution of the war on terror and in have preferred that Judge Chertoff had The PRESIDING OFFICER. The Sen- the conflicts in Afghanistan and Iraq. argued his point to the administration ator from New Mexico. Judge Chertoff was a senior DOJ offi- more forcefully, I am satisfied that he Mr. DOMENICI. Mr. President, this cial at the time that these policies did not actively promote these wrong- Senator from New Mexico has known were created. Because he is being nomi- headed, immoral, and counter- Mr. Chertoff for a long time. I have nated to a position for which respect productive policies. been familiar with him professionally, for Constitutional and treaty obliga- Another important concern arises primarily when he was legal counsel tions is especially important, his role from the Justice Department’s treat- for a committee on which I served. In in the formation of these policies is ment of more than 750 aliens detained that capacity, I got to know his profes- therefore worthy of careful scrutiny. immediately following the attacks of sional qualities, his intellect, his care My primary concern relates to those September 11. The department’s own in interpreting both the law and facts, policies that have undercut and placed inspector general released a report in and I am absolutely positive that he is our men and women in uniform in 2003 that acknowledged the ‘‘difficult going to make a superb head for this greater danger and diminished our circumstances’’ in which the depart- very complicated Department of Home- standing in the international commu- ment found itself, but concluded there land Security. nity. I feel a particular personal obli- were ‘‘significant problems in the way Mr. Chertoff is a lawyer by trade and gation as a member of the Armed Serv- that the September 11 detainees were a judge by promotion within the pro- ices Committee to do my utmost to en- treated.’’ Among those problems were fession of advocacy. Now, regardless of sure that our government does not do significant delays in the FBI’s clear- the profession or experiences of the anything that unnecessarily puts our ance process, hindrances in access to person nominated to this position, troops in harm’s way, that diminishes legal counsel, and verbal and physical

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2253 abuse of detainees. The report specifi- leader who can cut through bureau- greater sharing of terrorist-related in- cally finds that the Justice Depart- cratic entanglement and get things formation between and among Federal, ment, including Judge Chertoff, was done. As Secretary, Judge Chertoff’s State, and local government agencies. aware of the FBI’s clearance problems central task will be setting priorities In the immediate aftermath of the 9/11 at the time. In fact, Judge Chertoff tes- and getting a vast bureaucracy to work terrorist attacks, I worked with a num- tified that he inquired with the FBI efficiently and in a unified fashion. ber of my colleagues in the Senate on about the clearance delays, but the I am hopeful Judge Chertoff’s well- a bi-partisan basis in focusing on this FBI’s resources were ‘‘stretched.’’ The documented intellectual abilities and need. As I noted in my remarks on the inspector general found that the Jus- his long experience as a public servant passage of the Intelligence Reform and tice Department should have done will serve him well as he moves from Terrorism Prevention Act of 2004, the more once it learned of the detainee-re- the role of Federal judge to the head of sharing of critical intelligence infor- lated problems. such a large and demanding Depart- mation is vitally important if we are to When asked about this report at his ment. He pledged at his confirmation win the War against terrorism. We confirmation hearing, Judge Chertoff hearing to work ‘‘tirelessly’’ to safe- need to ensure that our front line sol- acknowledged that there were ‘‘imper- guard the nation. I hope he follows ders in the war against terrorism here fections’’ in the executive branch’s re- through on that pledge in a variety of at home—our local communities and sponse. He testified that he was un- areas of critical importance. He will our first responders—are as informed aware at the time of the hindrances in need to devote substantial energy and as possible about any possible threat so detainees’ access to counsel, that he political capital if he is to help this that they can do the best job possible was unaware of the verbal and physical still nascent Department develop to its to protect all Americans. It is vital for abuse, and that such mistreatment is full potential and render all Americans New York City and other local commu- inappropriate and should not have hap- as safe and as secure in their liberties nities across New York State and the pened. He also stated the importance of as possible. Nation to receive accurate and timely learning from experience. I am encouraged that Judge Chertoff information from the department when I am disappointed that Judge and I agree on a number of specific a potential threat emerges. It is equal- Chertoff did not express greater regret challenges facing the Department of ly important that local communities for the department’s role in the mis- Homeland Security. One of these on the front lines serve as valuable treatment of detainees, and that he did issues—Federal funding formulas for sources of information for the Federal not testify in detail as to the status of state and local preparedness—is essen- Government. the implementation of the inspector tial to protecting the homeland. I have I was pleased to learn that Judge general’s recommended 21 reforms. repeatedly called upon the administra- Chertoff testified at his confirmation Nonetheless, his responses to this line tion and my colleagues to implement hearing that his personal experiences threat-based homeland security fund- of questioning are not, in my view, suf- as an Assistant United States Attor- ing, so that homeland security re- ney, a United States Attorney and as ficient to oppose his nomination. I sources go to the states and areas head of the Criminal Division on Sep- hope that Judge Chertoff will bring to where they are needed most. I have in- tember 11, give him a thorough appre- bear the lessons we have learned from troduced legislation in this regard and ciation and respect for State and local this experience and work to ensure ap- even developed a specific homeland se- perspectives. In his testimony, he de- propriate reforms are successfully car- curity formula for administration offi- scribed ‘‘negotiating cooperation with ried out. cials to consider. After careful consideration, I am sat- our state and local government offi- The latest iteration of that proposal cials’’ as one of ‘‘the central elements isfied by Judge Chertoff’s answers to is contained in my Domestic Defense of the war against terrorism. . . .’’ He the Senate Homeland Security and Fund Act of 2005, which I introduced on repeatedly referred to the need to work Governmental Affairs Committee re- the first legislative day of this Con- in partnership with State and local garding his conduct at the Justice De- gress. Modeled on the Community De- government. partment. Despite the egregious velopment Block Grant program, the I could not agree more. The Federal missteps the department made during Domestic Defense Fund of 2005 provides Government cannot, and should not, go his tenure, I do not believe that his $7 billion in annual funding to local it alone when it comes to securing the performance there disqualifies him communities, States, and first respond- homeland. States and local commu- from serving as the next Secretary of ers. The act requires that all of that nities must be full partners. Much the Department of Homeland Security. funding be allocated using threat, risk, more needs to be done, but Judge And in view of his testimony and of his and vulnerability-based criteria that Chertoff’s testimony demonstrates exceptional record during his short homeland security experts—including that he understands the importance of time on the Federal bench, I believe the Homeland Security Independent this area as a key to homeland secu- that Judge Chertoff understands that Task Force of the Council on Foreign rity. the next Secretary of Homeland Secu- Relations, chaired by former Senators I also find it encouraging that Judge rity must be both unflagging in his ef- Gary Hart and Warren Rudman, and Chertoff testified that he is ‘‘acutely forts to protect us from terrorist at- the National Commission on Terrorist aware’’ of the importance of allocating tack and steadfast in his respect for Attacks Upon the United States—have resources to secure our ports. Needless our Constitutional order. long recommended. to say, having a secretary of homeland I also believe that Judge Chertoff has I was heartened to hear Judge security who understands the impor- a good understanding of the issues and Chertoff testify at his confirmation tance of the Port of New York and New challenges facing the Department of hearing, that ‘‘I think we have to have Jersey is likely to be a good thing for Homeland Security. Perhaps the big- a formula for funding and a formula for New Yorkers, and for the entire coun- gest challenge awaiting him is the lending assistance to State and local try. taming of the enormous bureaucratic governments across the board that There has been little evidence to date tangle that is the current department. takes account of the reality of that administration is interested in If confirmed, Judge Chertoff will be- vulnerabilities and risks and making using a threat-based formula for allo- come the head of a department that sure that we’re making a fair alloca- cating resources. Indeed, in Fiscal Year was created via the integration of 22 tion.’’ Judge Chertoff also stated this 2004, when the Administration had the separate agencies and 180,000 employ- view when I met with him. His un- opportunity to employ such a formula ees. These agencies and employees en- equivocal support for threat- and vul- in allocating funds under the State gage in a wide range of activities re- nerability-based funding is important Homeland Security Grant Program, lated to securing the homeland, and for New York, and for the Nation. SHGP, and the Law Enforcement Ter- they need a steady and firm hand on Another issue on which Judge rorism Prevention, LETP, grant pro- the tiller. They also need a creative Chertoff and I agree is the need for gram, it affirmatively chose not to do

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2254 CONGRESSIONAL RECORD—SENATE February 15, 2005 so, despite pleas from me and many which comes on top of previous years’ Americans will continue to rely on vol- members of Congress on both sides of cuts for the COPS program, which once untary security measures at chemical the aisle. Again in Fiscal Year 2005, received more than $1.5 billion in fund- plants, which have been repeatedly there was no significant effort on the ing. And absolutely no funding is pro- shown to be lax. part of the administration to use a posed for the COPS Universal Hiring I believe that the best solution to threat-based formula. Program, the COPS MORE program, this problem would be to enact the I wrote President Bush imploring COPS in Schools program, or the COPS Chemical Security Act that I have him to work with the House and Sen- Interoperable Communications Tech- sponsored with Senator CORZINE. How- ate leadership on the issue of homeland nology Program. ever, in order to pass this or other security funding, but language was in- The Fiscal Year 2006 budget request chemical plant security legislation, we serted in the Fiscal Year 2005 Home- also proposes no funding for the Ed- will need stronger support from the ad- land Security Appropriations Act to re- ward Byrne Memorial Justice Assist- ministration and from the Secretary of quire that SHGP and LETP funds be al- ance Grant program, named after a Homeland Security than we have had located in that fiscal year as the ad- New York City police officer killed in in the past. That is why I was encour- ministration chose to allocate funds in the line of duty, and the Local Law En- aged by Judge Chertoff’s testimony Fiscal Year 2004, which, unfortunately, forcement Block Grant program. These that he is aware of the significant risk was on the basis of population alone. programs in the past have provided of that sector based on his personal ex- Every homeland security expert I know states and local governments with Fed- perience. He also testified that ‘‘the has said that this makes no sense. If eral funds to support efforts to reduce Federal Government needs to be able the terrorists are looking at things crime and increase public safety, such to use a whole range of tools to bring such as the presence and vulnerability as enhancing security measures around the industry up to an appropriate of critical infrastructures as well as schools, establishing or supporting standard’’ and that ‘‘the President has population and population densities, so drug courts, and preventing violent indicated that he supports, if nec- should we. and/or drug-related crime. essary, the use of authorities to require This year, the administration is I find that shameful, especially as chemical companies to come up to cer- again talking a good game on home- our fire fighters, police officers, emer- tain standards, with appropriate pen- land security grant formulas. The Fis- gency service workers and other first alties if they don’t do so.’’ cal Year 2006 budget request calls for responders continue to be on the front Thus, on balance, my personal ex- more than $1 billion in grants to States lines of our nation’s homeland defense. change with Judge Chertoff—and the for the purpose of enhancing capabili- It is imperative that Judge Chertoff, if testimony he gave during his confirma- ties to prevent, deter, respond to and confirmed, stand by his philosophy of tion hearing—speak of his commitment recover from acts of terrorism, to be risk-based allocation and appreciation to threat- and vulnerability-based allocated by the Secretary of Home- for the role of state and local partners funding, his keen awareness of other land Security ‘‘based on risks, threats, when he prepares his department’s vital homeland security issues for New vulnerabilities, and unmet essential budget in coming years. Yorkers, and his intent to work tire- capabilities,’’ with a 0.25 percent State In fact, the outcome of a number of lessly. He is from New Jersey and minimum. In addition, more than $1 homeland security imperatives will de- knows the homeland security needs of billion would go for grants to urban pend to a significant extent on Judge the region from personal experience. areas, for the same purpose, and on the Chertoff’s willingness to fight hard Ultimately, his roots in the region, his same basis—minus, of course, a State during the budget process. A good ex- personal experiences, and his expres- minimum. ample of this is the addition of new sions of commitment to policies that This is a step in the right direction, border patrol agents mandated in the are essential to the security of New but we need to allocate much more recently enacted Intelligence Reform Yorkers, are decisive factors in my de- funding for this purpose. Whether and Terrorism Prevention Act of 2004. cision to vote to confirm. through direct funding—which I con- If the goals of this legislation are real- One of the lessons we have learned tinue to believe is the best way to dis- ized, the security of the northern bor- since September 11 is that constant burse homeland security funding to der would be improved, a result I have vigilance is required of the Congress; many communities—or funding that is worked for since 2001. Among many oversight and accountability must be sent to the states and passed through provisions, the act calls for an increase our watch words. Oversight requires us to local communities, the Federal Gov- of at least 10,000 border patrol agents to demand that the rule of law be re- ernment should be disbursing the from Fiscal Years 2006 through 2010, spected by the executive branch, and homeland security state and local many of whom will be dedicated spe- that we do not countenance the flout- funds to communities according to a cifically to our northern border. And ing of the law or of treaties. It requires threat- and vulnerability-based for- yet the FY06 budget request did not us to hold the executive branch truly mula. come close to seeking the 2,000 new accountable for its actions. If we have In addition, my Domestic Defense border patrol agents authorized for this learned anything since that September Fund Act makes it explicit that the year. Judge Chertoff must be willing to day in 2001, particularly with respect funding provided for in my proposed fight hard for full funding of this and to this administration, it is the time- legislation will not supplant or be in other programs essential to the depart- less truth that ‘‘eternal vigilance is the lieu of funding for traditional first re- ment’s mission. price of liberty.’’ sponders programs, such as the Com- I appreciate that Judge Chertoff un- It has been said before, but it bears munity Oriented Policing Services, derstands the critical importance of se- repeating—our Nation faces a new kind COPS, program and the Assistance to curing chemical facilities. There are of challenge to our way of life. I have Fire Fighters, FIRE, Act program. hundreds of chemical plants in the no doubt we will overcome this chal- These Federal programs have proven United States where a terrorist attack lenge, but it will only be overcome successful in helping first responders could threaten more than 100,000 Amer- through maintaining and strength- perform traditional functions, such as icans with exposure to toxic chemicals. ening our civil society and our commit- fighting crime and responding to fires. This is a homeland security vulner- ment to being a force for decency and Unfortunately, the Fiscal Year 2006 ability that has been recognized by respect for law in the world. budget request seeks to cut or elimi- many, yet we still have no mandatory Judge Chertoff testified that, as Sec- nate a number of these essential first Federal standards for chemical plants, retary, he will ‘‘be mindful of the need responder programs. Under the Presi- and the Department of Homeland Secu- to reconcile the imperatives of security dent’s proposed budget, funding for the rity lacks authority to put such stand- with the preservation of liberty and COPS program is reduced from $379 ards in place. Until Congress provides privacy.’’ I agree that one of the cen- million to $118 million nationally, the department with such authority, tral dilemmas of our time is balancing

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2255 security with liberty and privacy. As ship products in and out of the coun- September 11th attacks, prosecuting the 9/11 Commission said, ‘‘Our history try. those whose specific goal was to kill in- has shown us that insecurity threatens By targeting terrorism preparedness nocent citizens in New York, Virginia liberty. Yet, if our liberties are cur- funds to the communities and compo- and elsewhere in this country. I look tailed, we lose the values that we are nents of the economy that are most at forward to working alongside him on struggling to defend.’’ I believe that risk, the whole country benefits. these critical issues, and I am sure he Judge Chertoff is professionally quali- And looking beyond traditional ter- will bring courage and commitment to fied to be Secretary of Homeland Secu- rorism preparedness, in this age of the the serious tasks at hand. rity, and that he understands and re- Internet and globally interconnected Ms. CANTWELL. Mr. President, the spects the values that the Secretary computer systems, securing the Na- Constitution provides the Senate with works to defend. Therefore, I will be tion’s borders no longer includes just a responsibility to evaluate Presi- voting in favor of his confirmation. land, air and sea, but also cyberspace. dential nominations. This is a responsi- Mr. CORNYN. Mr. President, I thank As a result, it is critical that the fed- bility that I take very seriously be- Judge Michael Chertoff for having the eral government provide strong leader- cause the Senate’s role ensures strong courage to take on the challenging ship in cyber security by securing its leadership at the very highest levels of tasks of leading the Department of computer systems and adequately safe- the Federal Government. Homeland Security. He is an ideal guarding key components in our na- Today, the Senate considers the nom- nominee for this position, and I look tional infrastructure—including the ination of Judge Michael Chertoff to be forward to working with him and other systems the country relies upon that Secretary of the Department of Home- department officials to ensure that we link water, utility, communications, land Security. Leading the Department have the best possible border and port transportation and financial networks. of Homeland Security is not an easy security, cyber security, and efficient I am encouraged that Judge Chertoff, job, and requires an individual with distribution of DHS resources and per- has committed to closely examining tireless dedication, unending persever- sonnel. the agency’s role in cyber security to ance, and strong leadership. There are several issues that we need ensure it is doing everything possible The Senate Committee on Homeland to address in the short term, particu- in this critical mission. Toward that Security and Governmental Affairs, led larly in the areas of state homeland se- goal, we should elevate the issue of by Chairman COLLINS and ranking curity grants and cyber security. cyber security within the agency and member LIEBERMAN, conducted a thor- For the last 4 years, the Department create the position of Assistant Sec- ough examination of Judge Chertoffs of Homeland Security has provided bil- retary of Cyber Security. record, and I support the committee’s lions of dollars throughout the country We made important strides toward recommendation to endorse his nomi- to prevent, prepare for, and respond to making America safer with the re- nation. The Secretary of the Department of acts of terrorism. There are several ef- cently enacted Intelligence Reform Homeland Security is tasked with a se- fective first responder grant programs Bill, but we cannot claim to have fin- rious responsibility—leading our coun- that have raised our nation’s overall ished the job of improving our intel- try’s unified effort to secure America level of preparedness and ability to ligence capability and homeland secu- and protect the homeland from ter- react to all manner of disasters. rity until we deal comprehensively rorist attacks. To take this job, Judge However, many of the funds distrib- with the need for enhanced cyber secu- Chertoff has walked away from a life- uted to states and local Governments rity. An organized cyber attack would time appointment to third circuit, a have been allocated by formulas that disrupt national security, halt the pro- position for which I supported him. I fail to take into consideration actual duction and distribution of needed commend him for embracing this new needs or are not based on real risks of goods and services, and threaten the responsibility and answering the call of terrorism. It is time that Congress re- very fabric of our Nation’s economy. the President and of all American citi- examine the methods of distributing Unfortunately, cyber security is an zens. these critical preparedness funds. In area that tends to be overlooked in the In the wake of the attacks on Sep- order to adequately secure the nation discussion of homeland security. First tember 11, our Nation was confronted against terrorist attacks, the Federal responders to a cyber security attack with a challenge to revamp our home- Government must strategically dis- on America have far different needs land security posture and adopt a stra- tribute grants to states and local gov- and functions than traditional first re- tegic plan to defend America from ernments in an efficient manner and to sponders. They require a clear and visi- global threat of terrorism. Many of our the places where they will be most ef- ble leadership within DHS to organize efforts to strengthen homeland secu- fective. Congress must take the lead in and maintain our security. Given the rity have been successful, and were reforming the system for distributing dynamic and ever-expanding threats in long overdue. But there are critical these funds based on actual threats and the area of cyber security, an Assistant networks and infrastructure that need vulnerabilities and enable Federal Secretary of Cyber Security will pro- additional attention to reduce their agencies to target critical gaps in state vide DHS with an enhanced ability to vulnerability to terrorist attacks, such and local terrorism prevention and pre- interact, influence, and coordinate tar- as: our food supply, telecommuni- paredness capabilities. geted cyber security missions across cations and financial networks, rail We know that terrorists seek to all areas of our infrastructure. transportation infrastructure, and strike the U.S. where it will do the The effort to secure our nation will chemical facilities. most damage, either in terms of Amer- not be complete until all aspects of In Washington State, we have looked ican lives or our country’s economy vulnerability to terrorists are recog- to the Department of Homeland Secu- and vital assets. Of course, we should nized. This is true for all our national rity to assist us in preparing our first make sure that our population centers borders; on land, air, sea, and cyber responders and providing them with are protected, but that does not mean space. Recognizing that threat is an the financial, training, and informa- that funds should only go to urban important step, but we must now make tion resources they need to meet new areas. When it comes to protecting our every effort to prevent the threat from security requirements. I would urge economy and vulnerable critical infra- becoming a crippling reality. Judge Chertoff to continue to work structure, we need to be mindful of pro- I am proud to vote for Judge closely with local first responders from tecting all the vital components of Chertoff. He has well-deserved bipar- my state who are on the front lines of these systems. Taking the U.S. food tisan support, and I am confident he ensuring that Washington’s ports, bor- supply as an example, this would mean will be able to do the job. As Assistant ders, and critical infrastructure are se- securing both up and down stream Attorney General for the Criminal Di- cure. components, from agriculture and food vision of the U.S. Department of Jus- I am confident that Judge Chertoff production systems to the ports that tice, he worked tirelessly following the will be confirmed today. I am eager to

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2256 CONGRESSIONAL RECORD—SENATE February 15, 2005 begin working with him to continue to Chertoff was an opportunity for him to be appropriate, additional procedures improve the security of Washington reflect on the inappropriateness of the were put in place in specific cases, or in State and all of America’s homeland. chief prosecutor advising lawyers for sets of related cases.’’ He proceeds to Mr. LEAHY. Mr. President, today the possible investigatory targets regard- concede that without any change in Senate will complete the consideration ing how he would apply the law and the law, in the time between Sep- of the nomination of Michael Chertoff what might provide a safe harbor when tember 11 and enactment of the USA to head the Department of Homeland it came to torture. PATRIOT Act: ‘‘With court approval, Security. I commend Senator LEVIN for trying some of these procedures were modified Judge Chertoff currently serves as a to get to the substance of those con- between 9/11 and October 26, 2001, the Federal judge on the Court of Appeals versations during confirmation hear- effective date of the USA PATRIOT for the Third Circuit. This is a lifetime ings. Sadly but all too characteris- Act.’’ appointment that he has held for a rel- tically, the Bush administration has The 9/11 Commission established dur- atively short time and that he will be refused to provide him or the Senate ing its investigation that in the days abandoning to return to executive with the relevant materials in this re- and months before September 11, 2001, branch service. I helped expedite and gard. I am, likewise, concerned that information sharing requirements and voted in favor of Judge Chertoff when Mr. Chertoff was not more assertive procedures were misunderstood and his nomination to the third circuit during discussions with the Office of misapplied at the Department of Jus- came to the Senate in 2003. Legal Counsel as it headed down the tice. I appreciated Judge Chertoff’s of- Before that he was the Assistant At- wrong road in trying artificially to fering a glimpse into the inner work- torney General in charge of the Crimi- narrow the definition of torture to pro- ings of the Ashcroft Justice Depart- nal Division at the Department of Jus- vide latitude that contributed to wide- ment in the days that led up to 9/11 tice. I helped expedite and voted in spread international scandals in our when he noted that there was a ‘‘vig- favor of that nomination in 2001. wrongful treatment of prisoners. I wish orous internal debate about the appro- I have worked with Mike Chertoff someone within the Bush administra- priate procedures for sharing informa- and appreciate his background as a tion at the time had stood up for the tion collected in foreign intelligence prosecutor. He is very capable. He rule of law and had succeeded in derail- and counterterrorism investigations works hard. What one sees when you ing the search directed by Judge with criminal agents and prosecutors.’’ consider his career is that much of the Gonzales to create loopholes in our That ‘‘internal debate’’ was unresolved time he acts as a consummate profes- law. on September 11, 2001, when terrorists sional in our best tradition. Although I appreciate that Judge Chertoff has struck in New York and at the Pen- there have been times when he has committed to implementing the rec- tagon and were thwarted in the sky shown partisanship in an apparent ef- ommendations of the inspector general over Pennsylvania. fort to ‘‘earn his spurs’’ with those on with respect to preserving the civil When the Justice Department came the extreme right, it is my hope and rights of those detained by the Govern- forward to work with the Senate in the expectation that he will bring his bet- ment in his answer to my second ques- weeks following the attacks, I worked ter angels with him as he embarks on tion. That inquiry derived from his tes- with Mr. Chertoff to ensure that law his new role as Secretary of the Office timony to the Judiciary Committee in enforcement and intelligence efforts of Homeland Security. That is not a November 2001. were better coordinated, and I urged position that needs or deserves even a Finally, I asked a series of questions him, the Attorney General and the Di- hint of partisanship. Indeed, one of the about the so-called ‘‘wall’’ between law rector of the FBI to change the culture moments that marred Secretary enforcement investigations and intel- that had led to destructive and dys- Ridge’s tenure was when he stepped out ligence. The 9/11 Commission report functional hoarding of essential secu- of character to make a blatantly par- went a long way toward dismantling rity information. tisan pitch during the run-up to the re- the myth that former Attorney Gen- I ask unanimous consent that copies cent presidential election. eral Ashcroft had tried to perpetuate. I of my letter to Judge Chertoff and his I was astonished when President recall when even President Bush response be printed in the RECORD. Bush announced that he had chosen upbraided Attorney General Ashcroft There being no objection, the mate- Bernie Kerik to replace Secretary following his assault upon Commis- rial was ordered to be printed in the Ridge. When newspapers and news mag- sioner Gorelick at the 9/11 Commission RECORD, as follows: azines began looking at that nomina- hearings. U.S. SENATE, tion, it became apparent that the vet- I pointed out that during the Clinton COMMITTEE ON THE JUDICIARY, ting of that nomination was shoddy administration almost one year before Washington, DC, February 7, 2005. and that Mr. Kerik was an unaccept- September 11, 2001, the Department of Hon. MICHAEL CHERTOFF, able choice on a number of grounds. Justice Office of Legal Counsel had United States Court of Appeals for the Third That misadventure cost us time and issued an official memorandum noting Circuit, Martin Luther King, Jr. Federal Building & U.S. Courthouse, Walnut Street, led to Judge Chertoff’s nomination the Government’s position on ‘‘Sharing Newark, NJ. being made later than it should have Title III Electronic Surveillance Mate- DEAR JUDGE CHERTOFF: Congratulations on been by the administration. rial with the Intelligence Community,’’ your nomination to head the Department of The Senate has expedited consider- which concluded that law enforcement Homeland Security. While I am somewhat ation of this nomination. In what I officials may share surveillance infor- surprised to be considering your nomination hope is a sign of better days to come mation with the intelligence commu- to an Executive Branch position so soon and of increased responsiveness, I note nity to obtain assistance in preventing, after your confirmation to the Federal that this nominee has responded in investigating or prosecuting a crime, bench, I respect your commitment to public service. The work of the Department of kind by seeking to answer in one day’s or where the information was of over- Homeland Security is crucial to the safety time a letter I sent to him. I appreciate riding importance to national security and security of the American people, and that kind of responsiveness. or foreign relations. there are lingering problems in integrating In light of his effort, I will excuse his As Judge Chertoff recalls, it was At- all of the elements of the department and in missing the point in failing to respond torney General Ashcroft who adopted making them as effective as we need them to directly to my first question. I raised measures on January 21, 2000, and it be. Managing DHS is one of the toughest as- with the nominee an aspect of his con- was the memorandum issued by Deputy signments in Washington, and I admire and versations with representatives of the Attorney General Thompson on August appreciate your willingness to take it. I feel confident that the vetting problems we saw intelligence community while he was 6, 2001, that governed information shar- with respect to the Kerik nomination will serving as a principal law enforcer ing in the days leading to the disaster not plague yours. charged with prosecutions under the that was September 11. Indeed, Judge It is regrettable that the Judiciary Com- anti-torture law. My question to Judge Chertoff notes: ‘‘When it was deemed to mittee has not held a hearing and was not

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2257 even allowed to participate in a hearing on consulted with lawyers for the intelligence laws—like the September 11 attackers them- your nomination. Much of the work of the community regarding specific interrogation selves—was a reasonable policy. Department of Homeland Security remains techniques. I acknowledge that the policy could have of importance and interest to the Judiciary I ask that you reflect upon your conduct in been implemented better and it will be in the Committee and within its jurisdiction and which you were apparently discussing the future. I believe that the Government faced expertise. possible application of the criminal anti-tor- an unparalleled challenge on September 11: In connection with our committee’s over- ture statute with representatives of agencies How to prevent devastating terrorist attacks sight responsibilities as the Senate prepares whose personnel might be involved in con- that might arise at any moment from al- to debate and vote on your nomination, I duct that you might later be called upon to Qaeda ‘‘sleepers’’ who had been specifically would ask you to respond regarding three evaluate for prosecution. In hindsight, programmed to disguise themselves, blend principal matters. should you not have refused to engage in into ordinary life, and to exploit existing First, at your confirmation hearing last those discussions, or referred the agencies to networks for obtaining phony documents and week, you acknowledged that while serving a non-prosecutorial office of the government other means of support. That challenge was as head of the Criminal Division, you con- such as the Office of Legal Counsel? compounded by the fact that the September sulted with lawyers for the intelligence com- Answer: As I stated at my confirmation 11 attacks physically crippled the FBI and munity regarding specific interrogation hearing, I was asked to provide my views to U.S. Attorney’s Office in New York (which techniques. I ask that you reflect upon your other attorneys on how the anti-torture stat- were the repositories of much of the Depart- conduct in which you were apparently dis- ute would be applied by a prosecutor. My po- ment’s antiterrorism expertise at the time) cussing the possible application of the crimi- sition in response was not to give advance, and impaired communication between New nal anti-torture statute with representatives speculative advice about what could be done; York and Washington for a period of time. of agencies whose personnel might be in- rather, it was to make sure that the lawyers Furthermore, because the 9/11 conspirators volved in conduct that you might later be understood that what is likely to be critical operated in cities and towns across the coun- called upon to evaluate for prosecution. In to a prosecutor evaluating a potential charge try, the 9/11 investigation necessitated fol- hindsight, should you not have refused to en- is the honest, good-faith assessment by any lowing and analyzing many thousands of gage in those discussions, or referred the interrogators of the effects of what they are leads generated by numerous FBI field of- agencies to a non-prosecutorial office of the doing and how those effects measure against fices, some of which had little previous expe- government such as the Office of Legal Coun- the statute. rience in conducting terrorism investiga- sel? I believe it would have been a dereliction tions. Looking for a terrorist under these Second, in your testimony before the Sen- of my duty to refuse to assist the Office of circumstances was akin to looking for a nee- dle in a nationwide haystack, but with the ate Judiciary Committee in November 2001, Legal Counsel and lawyers from other gov- needle masquerading as a stalk of hay. you stated that the Department of Justice, ernment agencies. The Office of Legal Coun- The OIG report identifies concerns that in its investigation into the September 11 at- sel, a component separate and distinct from FBI investigative delays or lack of precision tacks, acted in complete accordance with all the Criminal Division, was the primary De- in turn led to delays in processing of immi- statutory and constitutional requirements in partment of Justice Component responsible gration detainees. In the aftermath of the place before or after the attack. With what for the guidance on the meaning of the anti- surprise attack on September 11, the FBI la- has come to light since then about the treat- torture statute. I understand that, depending bored under physical and resource con- ment of detainees, including the Inspector on the legal question under analysis, OLC or straints in the face of an urgent investiga- General’s highly critical June 2003 report on lawyers from other government agencies on tive demand of unprecedented scope. Now, that topic, what would you now say about occasion solicit the views of components of additional resources, training enhancements government practices in the months fol- the Department that have expertise in the and reorganizations within the Department lowing the 9/11 attacks and how they went matter under consideration. I believe it was and the FBI, as well as the Intelligence Re- wrong? Is it not also true, as indicated in the appropriate for the Criminal Division to form Bill—are designed to—and should con- 9/11 Commission report that information offer general guidance on application of the tinue to—increase FBI expertise and capa- sharing legal requirements and procedures law. bility and streamline coordination, so that were misunderstood and misapplied before Question: Second, in your testimony before in any future nationwide terrorism inves- September 11, 2001? Before September 11, the Senate Judiciary Committee in Novem- tigation delays and imprecision will be mini- 2001, what did you do to improve information ber 2001, you stated that the Department of mized. Furthermore, I believe that the FBI sharing between the law enforcement and in- Justice, in its investigation into the Sep- and DHS should and will continue to build telligence communities? tember 11 attacks, acted in complete accord- upon their experience to develop and firmly Third, what were the policies and practices ance with all statutory and constitutional establish appropriate protocols for of the Department of Justice with respect to requirements in place before or after the at- classifying subjects of terrorism investiga- information sharing between law enforce- tack. tions at the appropriate level of concern, set- ment and intelligence functions during the With what has come to light since then ting up appropriate deadlines for notifica- period that you headed the Criminal Divi- about the treatment of detainees, including tion that a particular detainee is or is no sion? In particular, what were those policies the Inspector General’s highly critical June longer a terrorism risk; sharing information and practices before September 11, 2001, and 2003 report on that topic, what would you between law enforcement and immigration how if at all did they change between Sep- now say about government practices in the agencies; and finalizing a crisis management tember 11, 2001, and October 26, 2001, when months following the 9/11 attacks and how plan that clearly delineates each agencies the USA PATRIOT Act was signed into law? they went wrong? procedures and responsibilities in the event Is it not true that in 2000 the Department’s Answer: As explained in the OIG report, I of a national emergency. These enhance- Office of Legal Counsel issued an official believed that if individuals linked through ments would further reduce the potential for memorandum on ‘‘Sharing Title III Elec- investigation to the hijackers or terrorism impinging on civil liberties. tronic Surveillance Material with the Intel- were chargeable with violations of our crimi- Finally, so far as the OIG report identified ligence Community,’’ which concluded that nal laws or immigration laws, as enacted by acts of misconduct by guards at detention fa- law enforcement officials may share surveil- Congress, the government should seek deten- cilities these were, of course, wrong, and lance information with the intelligence com- tion in accordance with the applicable law steps should be taken to assure no such be- munity to obtain assistance in preventing, while were investigating to determine if the havior occurs in the future. I believe that investigating or prosecuting a crime, or charged individuals posed an actual threat. DHS and DOJ have implemented some of where the information was of overriding im- In these discussions, I repeatedly emphasized these proposals and, if confirmed, I will work portance to national security or foreign rela- that this policy applied only to those prop- to further increase their successful imple- tions? erly chargeable with breaking the law and mentation. I look forward to your prompt response. that detention should be sought consistent Question: Is it not also true, as indicated Sincerely, with relevant law and regulations. in the 9/11 Commission report that informa- PATRICK LEAHY, My understanding is that those detained in tion sharing legal requirements and proce- Ranking Democratic Member. the course of the 9/11 investigation were de- dures were misunderstood and misapplied be- tained with an individualized predicate, fore September 11, 2001? Before September 11, POST-HEARING QUESTIONS FOR THE RECORD meaning, a criminal charge, an immigration 2001, what did you do to improve information SUBMITTED BY SENATOR PATRICK LEAHY FOR violation, or a judicially-issued material wit- sharing between the law enforcement and in- THE NOMINATION HEARING OF JUDGE MI- ness warrant. There was a legal basis for telligence communities? CHAEL CHERTOFF TO BE SECRETARY OF THE each detention. The top priority of the Jus- Answer: I began at the Criminal Division DEPARTMENT OF HOMELAND SECURITY tice Department was preventing another ter- on approximately June 1, 2001. My activities Question: First, at your confirmation hear- rorist attack against the American people, date from that point. ing last week, you acknowledged that while and the lawful detention of individuals who Prior to 9/11, the Department—including serving as head of the Criminal Division, you were known to have violated immigration the Criminal Division under my leadership—

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I understand that the proce- first responders throughout our Nation. spite the dedicated resources to avia- dures in effect on 9/11 were those that had As the costs borne by law enforcement tion security, problems remain. There been adopted by the Attorney General on agencies across the country continue have been several reorganizations of July 19, 1995 (including an annex concerning to rise, we need to increase the part- the TSA’s airport screeners program, the Southern District of New York), the in- nership help offered to our nation’s but reports from the GAO and the DHS terim measures approved by the Attorney first responders. Instead, in the Presi- Office of Inspector General suggest General on January 21, 2000, and the memo- dent’s new budget, he has proposed cut- that the screening programs for bag- randum issued by the Deputy Attorney Gen- ting overall funding for first responders eral on August 6, 2001. gage and passengers at our nation’s Question: Third, what were the policies by $670 million. These cuts target vital airports are not as effective as they and practices of the Department of Justice emergency services affecting every should be. We need to ensure that the with respect to information sharing between State, regardless of size or population. $4,734,784,000 budget request for avia- law enforcement and intelligence functions The President also proposed cutting tion security this year is spent wisely during the period that you headed the Crimi- the all-State minimum for first-re- and properly. nal Division? In particular, what were those sponder grants from 0.75 percent to 0.25 Secretary Chertoff, if he is con- policies and practices before September 11, percent. That new formula would re- firmed, will oversee both the enforce- 2001, and how if at all did they change be- sult in the loss of funds to police, fire- ment of our immigration laws and the tween September 11, 2001, and October 26, 2001, when the USA PATRIOT Act was signed fighters and emergency rescue squads granting of immigration benefits. We into law? Is it not true that in 2000 the De- in dozens of states from coast to coast. face a number of important choices on partment’s Office of Legal Counsel issued an In Vermont, this would mean a loss of immigration in the coming years, and I official memorandum on ‘‘Sharing Title III at least $10 million dollars in fiscal hope that he will play a constructive Electronic Surveillance Material with the year 2006—grant funds that are used to role. Intelligence Community,’’ which concluded provide security services along thou- I urge him to support the bipartisan that law enforcement officials may share sands of miles of our border with three efforts in Congress to improve the H–2B surveillance information with the intel- states. Vermont’s border with Canada visa program, so we can meet the needs ligence community to obtain assistance in preventing, investigating or prosecuting a spans approximately 95 miles, but the of small employers around our nation crime, or where the information was of over- Swanton Border Patrol is charged with who depend on seasonal immigrant riding importance to national security or protecting 24,000 square miles, which labor to stay in business. I hope he will foreign relations? includes not only the entire State of support the bipartisan ‘‘AgJOBS’’ bill, Answer: As discussed above, prior to 9/11, Vermont, but also numerous counties which provides relief both to the agri- the Department—including the Criminal Di- in New York and New Hampshire. culture industry and to the immigrant vision under my leadership—was engaged in Within this area, the Swanton Border farm workers who make up a majority a vigorous internal debate about the appro- Patrol is required to patrol more than of the farm workforce in our nation. priate procedures for sharing information collected in foreign counterintelligence and 261 miles of International Boundary. And as the Congress debates funda- counterterrorism investigations with crimi- Our approach to port security is also mental immigration reform, I hope nal agents and prosecutors, and the proper insufficient. More than 90 percent of that Judge Chertoff will work to help role for prosecutors in such investigations. the world’s trade is moved in cargo ensure that any reform efforts recog- The procedures in effect on 9/11 were those containers. The Government Account- nize and embrace the tremendous con- that had been adopted by the Attorney Gen- ability Office has found that the infor- tributions of immigrants to our econ- eral on July 19, 1995 (including an annex con- mation that the Bureau of Customs omy and our culture. cerning the Southern District of New York), and Border Patrol uses to determine I would like to note the release last the interim measures approved by the Attor- week of a report by the U.S. Commis- ney General on January 21, 2000, and the which cargo should be searched is ‘‘one memorandum issued by the Deputy Attorney of the least reliable or useful for tar- sion on International Religious Free- General on August 6, 2001. Where it was geting purposes.’’ In addition, our gov- dom, a bipartisan commission created deemed to be appropriate, additional proce- ernment has been slow to install radi- by Congress that we asked to study the dures were put in place in specific cases, or ation detection portals at our ports, expedited removal system and its ef- in sets of related cases. With court approval, leaving us vulnerable to the smuggling fect on asylum seekers. In his response some of these procedures were modified be- of a nuclear or radiological weapon. to me last week, Judge Chertoff showed tween 9/11 and October 26, 2001, the effective Mass Transit Measures Idle. Our a commendable concern for the civil date of the USA PATRIOT Act. On March 6, mass transit systems are similarly at rights of those who were detained due 2002, the Attorney General adopted new in- formation sharing procedures that replaced risk. While we spent about $4.5 billion to alleged immigration violations dur- all of the above-referenced procedures. The on aviation security last year, we de- ing the 9/11 investigation. His concern March 6th procedures, however, did not take voted only $65 million to rail security, should be even more pronounced here, full effect until the Foreign Intelligence even though five times as many people where the Commission found that DHS Court of Review issued a ruling regarding take trains as planes every day. The detains people who seek refuge in the these matters on November 18, 2002. Madrid bombing vividly demonstrated United States—and are not even ac- Mr. LEAHY. Heading the Department the potential vulnerability of mass cused of committing any criminal or of Homeland Security is a position that transit, and I am concerned that the civil violation—under conditions that may be one of the more difficult as- administration is not responding effec- ‘‘are entirely inappropriate for asylum signments in Washington and in Gov- tively enough to this threat. This seekers fleeing persecution.’’ ernment. The work of the Department needs to be a higher priority than the If we are to recapture America’s of Homeland Security, DHS, is crucial administration has made it. The TSA rightful place as a haven for the op- to the safety and security of the Amer- has been slow in developing security pressed, the tragic situation of asylum ican people. There remain many prob- procedures at port and rail facilities seekers must be rectified. The Commis- lems in integrating the elements of the around the country, and our transit sion offered a number of recommenda- Department and in making them as ef- and freight transportation systems re- tions that can be implemented through fective as we need them to be. I remain main at risk. The recent DHS budget administrative action, such as estab- concerned with a number of issues in submission cuts funding for the fol- lishing an office within DHS to oversee need of greater attention at DHS and lowing essential security programs: the treatment of refugees and asylum much more significant support from port security grants, port security inci- seekers and issuing formal regulations the highest levels of the Bush adminis- dent response, intercity bus grants, governing when asylum seekers should

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They are absolutely essential eral employees who are Vermonters promote security of our ports, our pas- for my state of Hawaii, its economic and work for various components of senger and freight rail system, motor health, and the life and livelihood of its the Department, particularly in DHS’ carriers, pipelines, and hazardous ma- citizens. Chairman STEVENS’ state of immigration agencies. I believe he will terials, despite very specific congres- Alaska is similarly situated, and I be pleased with their efforts and their sional direction. know port security is of great impor- expertise. Meanwhile, the threats to our trans- tance to him as well. Secretary Ridge and I have disagreed portation security are as serious as Apparently, though, we need to re- strongly about DHS’ efforts to pri- they have always been. From the train mind the Administration—and perhaps vatize Immigration Information Offi- bombing in Madrid to the maritime at- the nominee—that 95 percent of the cer, IIO, and other positions at the tack off the coast of Yemen, the Nation’s cargo comes through the agency, and Congress has barred that threats have not waned in the slight- ports. The security initiatives at most privatization for the current fiscal est. ports have been, to this point, woefully year. Among other duties, IIOs perform But, based on the President’s Budget, underfunded, and most are ill prepared background checks on applicants for there are apparently some in the Ad- for an attack. Unfortunately, our mari- immigration benefits, a function that ministration who seem to believe that time system is only as strong as its should be performed by government our work is done. The President’s weakest link. If there is an incident at employees. I urge Secretary Chertoff to Budget recommends shifting critical any one port, the whole system will consider the repeated votes of both the work away from the Transportation screech to a halt, as we scramble to en- House and Senate to maintain these Security Administration, TSA, to sure security at other ports. If we had positions as government employees and other organizations within DHS that to shut down our entire port system, to make no effort to revisit the unwise have neither the expertise nor the nec- the economic damage would be wide- and unpopular efforts of his prede- essary authority to be effective. In my spread, catastrophic and possibly irre- cessor. view, further decentralizing the respon- versible. Judge Chertoff has many tools at his I will support this nomination. Sec- sibilities of TSA will destroy the re- disposal to protect our maritime and retary Chertoff will face great chal- maining, limited accountability that shipping interests, both through the lenges ahead. I hope that he will work TSA provides for transportation secu- TSA and the U.S. Coast Guard. Our na- with me and others, on both sides of rity. tional shore line extends for thousands the aisle, in finding the best solutions I recognize that consolidating 22 Fed- of miles, with key cities and facilities in meeting them. eral agencies into one department pre- located all along the coasts. Whether it Mr. INOUYE. Mr. President, I rise sents significant management chal- is monitoring, credentialing, or in- today in support of the nomination of lenges and that growing pains are to be specting cargo, there is no doubt, port Michael Chertoff to be Secretary of the expected as different agencies come to- security is a daunting and difficult Department of Homeland Security, gether. However, growing pains are not task. DHS. Chairman STEVENS and I had the a license to continue the stovepipe be- If Judge Chertoff has difficulty un- opportunity to meet with Judge havior that existed prior to September derstanding the importance of im- Chertoff, and I was encouraged by his 11. When Congress created the Depart- proved port security, there are 14 mem- desire to work with Congress to ad- ment of Homeland Security and, more bers of our committee with major ports dress the nation’s homeland security specifically, the Transportation Secu- in their State, and I am sure each needs. I believe that his stated goal of rity Administration, it made clear that would be more than willing to help pro- resolving the internal disputes that ‘‘business as usual’’ was not accept- vide greater clarity. have plagued DHS since its founding able. The Department and TSA need to Even though we all recognize the and his commitment to reduce the vul- reread the underlying statutes and overwhelming task of port security, nerability of all our transportation start functioning as Congress directed. the President’s Budget does not do systems to terrorist attack will serve It is my hope that Judge Chertoff will enough. It is true that the Coast Guard him well in this new capacity. be a leader who understands that ne- increases 7.5 percent over the previous Though I support Judge Chertoff’s cessity. fiscal year, which seems laudable. How- nomination, I want to take this oppor- Let me speak for a few minutes about ever, when you look at the numbers, it tunity to express some of my thoughts the particulars of TSA and the Presi- becomes clear that the administra- and concerns about the current state of dent’s budget. In truth, the difficult tion’s request—for the third year in a DHS and the Transportation Security work of securing all of our major row—does not recognize that in addi- Administration in particular. modes of transportation, including tion to the Coast Guard’s ever-increas- In the days following September 11, ports, shipping, railroads, intercity ing port securities duties, it must still we all recognized the many serious buses, motor carriers, and pipelines is continue critical functions like search flaws in our homeland security efforts. just beginning, and the nation must and rescue efforts and enforcement of We were exposed to new and unex- have a robust agency within the De- coastal and fisheries laws. There is no pected threats in ways we had never partment dedicated to that task. question that we must provide for in- before thought possible. We committed Security funding for all modes of creased security, but there is also no to do everything in our power to ensure transportation beyond aviation has question that other critical missions that a tragedy like September 11 would been desperately lacking. The 9/11 also impact the free flow of maritime never happen again. We took bold, Commission found, ‘‘over 90 percent of commerce. speedy, and necessary action. We made the nation’s $5.3 billion annual invest- In addition to not providing enough transportation security a national se- ment in the TSA goes to aviation . . . funding for Coast Guard activities, the curity function by enacting the Avia- [and] . . . current efforts do not yet re- President’s budget also proposes to de- tion Transportation Security Act and flect a forward-looking strategic plan.’’ velop a Targeted Infrastructure Protec- the Maritime Transportation Security According to Senate Banking Com- tion Program, TIPP, within the Office Act, both considered landmark legisla- mittee estimates, the Federal Govern- of State and Local Government Coordi- tion. ment has spent $9.16 per airline pas- nation and Preparedness to administer Although a number of high profile ac- senger each year on enhanced security $600 million in integrated grants for tions have been taken to strengthen measures, while spending less than a the protection of transit, railroads, aviation security, I fear that the same penny annually per person on security ports, highways and energy facilities.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2260 CONGRESSIONAL RECORD—SENATE February 15, 2005 This odd realignment of the grant We can debate how much we need for rorist threats by setting a minimum process adds layers of bureaucracy, fur- security, but it does not make any level of R&D funding related to mari- ther diminishes accountability and dis- sense to place the burden for new DHS time and land security. tribution of these critical funds, and it revenue on an airline industry that is To address aviation, we will take sev- is directly contrary to the law Con- bordering on total bankruptcy, when at eral steps to strengthen the existing, gress enacted just 6 months ago. It also the same time the administration is professional, screening workforce shields the fact that the administra- demanding that its unaffordable tax through improved training of personnel tion is using the same limited pot of cuts be made permanent. and by directing a more appropriate money, extending it to a wider range of The airlines have argued convinc- use of TSA’s resources. Additionally, grantees, and making them compete ingly that they cannot pass along in- we will seek to streamline and improve against one another when each of their creased security fees to the passengers collection of airline and passenger se- projects merit grant funding. in their highly competitive industry. curity fees to promote a more efficient The administration also proposes es- Few of the carriers have managed even and healthy aviation industry. tablishing a new Office of Screening modest periods of profitability since For rail security, we will incorporate Coordination and Operations, SCO, September 11. I must remind people in an updated version of the Rail Security within the Border and Transportation this town, who often have a short and Act of 2004, which the Senate passed by Security, BTS, Directorate. This new selective memory, that by a vote of 100 unanimous consent last year, and we entity would purportedly coordinate to 0 in the Senate and 410 to 9 in the will feature new efforts to ensure the procedures to identify and interdict House, this Congress chose to make security of hazardous materials that people, cargo and other entities that transportation security a national se- are shipped by rail. pose a threat to homeland security. curity function. Funding homeland se- To address the security needs of our This short-sighted proposal calls for curity is a Federal responsibility. other surface transportation modes, cutting over 70 percent of TSA’s fund- Given the many misplaced priorities the proposal will include funding to ing for rail, trucking, pipeline, and that I see in the President’s Budget improve intercity bus security, hazmat security-related initiatives. proposal, it is clear that the Congress strengthened hazardous material trans- The ‘‘streamlining of duplicative pro- needs to help refocus the Department. portation security efforts, new security grams and activities’’ effectively elimi- Let me state here before my col- guidelines for truck rental and leasing nates TSA’s role in allocating trans- leagues and for the record, the Senate operations, and the development of portation security grants, maritime re- Commerce Committee will not stall in pipeline security incident recovery search and development grants, and its efforts to continue developing com- plans. I look forward to working with Judge cedes its regulatory authority to de- prehensive, bipartisan legislation to Chertoff, the TSA, and the administra- velop the Transportation Worker Iden- strengthen port, rail, and intercity bus tion on this effort, and I remain hope- tity Credential, TWIC, program. In security, regardless of the Bush admin- ful that his new leadership at DHS will istration’s repeated refusal to support short, this budget ignores congres- inspire the requisite commitment and or properly address these critical ini- sional direction, transfers these func- dedication necessary to meet the secu- tiatives. Our national transportation tions back to agencies that operate in rity challenges ahead. The work will a stovepipe manner and do not have system remains an inviting target for not be easy. While most of us recognize regulatory authority for credentialing, terrorists. The system is vulnerable, the improvements that have been made and decimates TSA’s Office of Mari- and an attack could cause widespread, in airline security over the last few time and Land. catastrophic economic damage. In fact, years, others are pushing to roll back Regarding rail security, the adminis- in his most recent video tape, Osama the progress that we have made. tration’s budget fails to propose any bin Laden stated plainly that bank- Despite that progress, there are some dedicated funding or specific programs rupting the United States was a pri- that continue to urge TSA to return to to address rail security, and given their mary, al-Qaida goal, and given al- the days of private security screening proposal to eliminate support for Am- Qaida’s previous attacks, it is clear companies, like Argenbright Security trak, it is clear that the administra- that transportation systems are high and its underpaid, poorly trained work- tion is not interested in rail service let on their target list. force. These efforts are not just short- alone rail security. The recent rail ac- So I come to the floor today to in- sighted, they disregard a national im- cident in South Carolina and the re- form my colleagues and the adminis- perative to treat transportation secu- sulting chlorine gas spill remind us tration that, I, along with many of my rity as a national security function, that our rail system presents unique fellow Commerce Committee members, and they should be quickly dismissed vulnerabilities that, if exploited, could will be introducing a transportation se- by the administration. I call on Judge cause irreparable economic and phys- curity reauthorization proposal, which Chertoff to clarify DHS’s position on ical damage to communities across the will provide further direction to the this matter quickly, so the country can country. Department’s cargo security functions, continue to have faith in the security TSA has undertaken several small- strengthen aviation, maritime, rail, efforts we have come to expect when scale, ad hoc, efforts to strengthen rail hazardous materials, and pipeline secu- flying. security, from rail passenger screening rity efforts, and improve interagency Similarly, TSA needs more resources pilot tests to rail corridor threat as- cooperation. and attention paid to port, rail, motor sessments in specific corridors. But the The proposal will incorporate several carrier, hazardous materials, and pipe- administration’s lack of support for Commerce Committee-reported and line security matters, not less, and I dedicated funding or programs—beyond Senate-passed bills from the prior Con- am hopeful that Judge Chertoff will what the Congress has forced upon the gress and will also put forth new ideas make strengthening all areas of trans- agency through the appropriations to enhance transportation security portation security one of his top mis- process—reflects the low priority that across all modes of transportation. sions. TSA leadership and the administration For port security, we will seek to im- We must take this opportunity to place on this important work. They be- prove interagency cooperation by fur- continue moving in the right direction have as if September 11 never hap- ther developing joint operation com- and avoid taking steps backward. I sup- pened. mand centers. Additionally, our bill port the nomination of Michael The budget proposal for aviation se- will clarify the roles and responsibil- Chertoff as Secretary of Homeland Se- curity appears on paper to increase by ities for cargo security programs, while curity and look forward to working $156 million, but this funding depends establishing criteria for contingency with him to ensure that the American on $1.5 billion in new revenues raised response plans. Our legislation will fur- people can depend on a national trans- through increased security fees on air- ther encourage the development of ef- portation system that is as safe and se- line passengers. fective technologies that detect ter- cure as possible.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2261 The PRESIDING OFFICER. The Sen- ‘‘not aware’’ of any practices at Guan- and consent. We have performed that ator from Maine is recognized. tanamo that ‘‘even approach[ed] tor- job well in this case. We subjected this Ms. COLLINS. Mr. President, earlier ture.’’ He said he had ‘‘no knowledge’’ nominee to extraordinary scrutiny, de- today, the senior Senator from Massa- of any interrogation techniques other spite the fact that he has already been chusetts spoke on this nomination. I than those that he described as ‘‘plain confirmed by this body three previous have enormous respect and affection vanilla.’’ These are straightforward, times. Nevertheless, as is appropriate, for my colleague from New England, plain words—‘‘I was not aware’’; ‘‘I had we went through a full confirmation but on this occasion I believe his com- no knowledge.’’ They are not suscep- process with a review of his biographi- ments were well off the mark. Here are tible to multiple interpretations. They cal questionnaire, his finances, with a some of the words my colleague spoke: are not ambiguous. They do not sug- full FBI check, with an extensive pub- Our problems with the administration on gest the need to refresh the nominee’s lic hearing that stretched several this nomination pale in comparison with the recollection. They do not invite specu- hours, and with 250 written questions, failure of the Senate Republican majority to lation as to what the nominee meant. primarily from Democratic members, carry out its own constitutional responsibil- And there is only one reason why some submitted to him for response. What ities on this nomination. Instead of insisting on adequate answers to questions raised by of our colleagues would feel the need to more can we ask? What more can we the documents, they have acquiesced in the ask other people about what they said ask of a nominee who is simply step- Government’s coverup and abdicated their to Judge Chertoff, and that is, if we did ping forward to answer the call to own independent constitutional responsi- not believe him. serve his country? And what more can bility to provide advice and consent. This is a distinguished public serv- we ask of a Senate committee in car- I sincerely believe that were I fortu- ant, a sitting Federal judge who is tes- rying out this solemn duty with which nate enough to have the senior Senator tifying before our committee under we are vested? from Massachusetts serve on the com- oath. There is no reason to doubt his As much as I have respect and affec- mittee the Presiding Officer and I serve testimony. His testimony was clear, it tion for my colleague, the senior Sen- on, he would never have said those was forthright, it was candid. It is de- ator from Massachusetts, I cannot let words or reached such a harsh judg- meaning to suggest that somehow we his comments pass. That is why I felt ment. need to probe this further because we compelled to explain to all of my col- He went on in his statement to call do not believe this distinguished public leagues what the process was and that these proceedings ‘‘a blatantly defec- official. the Senator’s description simply does tive consent.’’ Again, I so wish that the I asked this question yesterday, but I not reflect what was done. I am cer- senior Senator from Massachusetts had am going to repeat it again: Since tain—absolutely certain—that had he had the opportunity to participate in when have we become so cynical about been a member of the committee, had our committee’s process. He would good people who are willing to step for- he joined with us in the nomination have found that our committee has the ward, sacrifice, and serve our country? hearing, he would have reached an en- most thorough process for considering How could our colleagues from Michi- tirely different conclusion about the nominations of any committee in the gan and Massachusetts come to this integrity and thoroughness of the proc- entire Senate. I believe our committee floor, praise Judge Chertoff, pledge to ess. is the only one, for example, that has vote to confirm him, and then condemn I thank the Chair. the staff on both sides of the aisle the nomination process when we have Mr. President, I do anticipate that interview the nominee. We posed to concluded that the judge gave us truth- further of my colleagues will be com- Judge Chertoff 250 written questions, ful, straightforward answers, and we ing to the floor. I will yield to them both before the hearing and after the have no reason to doubt the answers he when that happens. hearing. We had a lengthy hearing in gave us? He was not evasive. He was (The remarks of Ms. COLLINS per- which members on both sides of the straightforward. It does not make taining to the introduction of S. 380 are aisle were free to ask the toughest sense to criticize the process because printed in today’s RECORD under questions possible to the nominee. the committee refuses to engage in an ‘‘Statements on Introduced Bills and There was no limit on the questions exercise that, at its core, is built upon Joint Resolutions.’’) that could be submitted for the record, the premise that Judge Chertoff is Ms. COLLINS. I suggest the absence and the nominee sat for hours pa- somehow being less than truthful with of a quorum. tiently, fully, and candidly answering the committee. I reject that premise. The PRESIDING OFFICER. The the questions posed to him by the There is no basis for it. clerk will call the roll. members of the committee. So I be- Let me close these remarks by saying The legislative clerk proceeded to lieve that the judgment of the Senator a word about the Senate’s constitu- call the roll. from Massachusetts does not reflect tional role of advise and consent be- Mr. REID. Mr. President, I ask unan- the process we undertook for this cause I think a lot that has been said imous consent that the order for the nominee. I truly wish he could have about this role misses an essential quorum call be rescinded. seen the process because I think he point. The PRESIDING OFFICER. Without would have reached a different conclu- We, the Senate, advise and consent. objection, it is so ordered. sion. And I say that with a great deal It is the President who appoints. We do Mr. REID. Mr. President, how much of personal affection for my friend not appoint. Sometimes I think some time is left on this side? from Massachusetts. of my colleagues believe the Senate The PRESIDING OFFICER. The Sen- The fact is, first, that Judge Chertoff should do all of the appointing for the ator has 22 minutes 30 seconds. has undergone intense scrutiny by the President, but that is not how the sys- Mr. REID. Mr. President, I, first, Homeland Security and Governmental tem works. That is not how our Con- want to express my appreciation to Affairs Committee. I cannot imagine stitution works. Indeed, as Professor someone I believe a star of the Senate how anyone could conclude, given the Laurence Tribe has noted—and he is a and that is CARL LEVIN. CARL LEVIN is number and the scope of questions liberal law scholar, not a conservative such a good example to every Senator. posed to the judge, that this was some- one—the appointments clause ‘‘seeks When you work on something with how ‘‘defective consent.’’ to preserve an executive check upon CARL LEVIN, you can rest assured that Second, on the issue of the e-mails legislative authority in the interest of he has read every word of it. He is and the nominee’s knowledge of ques- avoiding an undue concentration of someone who I am sure, before he came tionable interrogation techniques used power in Congress’’—in Congress—‘‘in to the Senate, was an outstanding law- by certain DOD personnel at Guanta- executing our responsibilities.’’ yer. I am so impressed with his ability namo, Judge Chertoff’s testimony We should do well to remember that to do legal analysis, and I am so im- could not have been clearer. He told it is the President who is appointing pressed with his understanding of gov- the committee under oath that he was these positions. It is our job to advise ernment generally.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2262 CONGRESSIONAL RECORD—SENATE February 15, 2005 What we have here is something that Judge Chertoff has testified before I ask my colleagues, if this informa- is very typical for Senator LEVIN. The the Homeland Security and Govern- tion had not come to light, would the nomination of Michael Chertoff to be mental Affairs Committee that he was administration disavow these prac- Secretary of Homeland Security is very not directly involved in the adminis- tices? I regret that in the context of important. This new Cabinet level of- tration’s decision to gut the Geneva this nomination the administration fice that has been created is so impor- Conventions and set out on a new and will again deny the Senate and the tant. I think it has become one of the dangerous path with regard to interro- American people a full understanding most important posts that the Presi- gations. We have to take Judge of how we embarked on a policy which dent has. We know how important the Chertoff at his word, because the docu- has imperiled our soldiers and our Na- Secretary of Defense is, we know how ment proof has either been denied to tion. important the Secretary of State is, Senators or otherwise has been so In Judge Chertoff’s case, we know but this is so important. heavily redacted that it raises ques- during his tenure that torture policies Judge Chertoff will be called upon to tions about the role of the Criminal Di- authorized by Justice and given effect manage some 180,000 employees, 22 dif- vision overseen by Judge Chertoff. by the Department of Defense were ferent agencies, all important to pro- The debate over his nomination, as hotly debated by DOD, Justice Depart- tect this Nation in one way or the my colleague, Senator LEVIN, has ment, and FBI officials. We know this other. He will be called upon to bolster brought to the attention of the Amer- only because a private group filed a the efforts of our State and local law ican people, as he discussed this yester- freedom of information request for enforcement officers, firefighters, day on the floor, is a debate over the such information. The request pro- emergency response personnel, and in right of the Senate and the American duced a series of redacted FBI emails the process of managing these 180,000 people to have information about the that gave voice to the dissenters this employees, he doesn’t have enough peo- way our Government does business. administration has tried to muzzle. The information sought in the con- The redactions prevent us from fully ple. Many of these 22 different agencies text of his nomination by Senator understanding that debate and how he is responsible to manage are under- LEVIN would help us understand how Criminal Division lawyers under Judge staffed. So he will have a tremendous the administration arrived at those Chertoff’s supervision dealt with the burden. policy decisions and would help prevent The people who work in these agen- FBI concerns that the torture policies similar mistakes in the future. were not only immoral but ineffectual. cies are public servants first in any No one would disagree—I shouldn’t It prevents us from truly under- designation you want to make. They say that. Very few people would dis- standing Judge Chertoff’s role and are the frontline protection for com- agree that the policies undertaken in whether attorneys under his super- munities across the Nation. Guantanamo Bay, Afghanistan, and Over the course of the last year, I vision raised the issue with him di- Iraq dealing with interrogation which rectly. He said he does not remember. I have held in Nevada what I call Front- led to these brutal acts, the acts of tor- accept the judge’s statement in that line Focus roundtables. I am meeting ture, were wrong. These policies were regard. But that does not take away with firefighters, sheriffs, and emer- used to justify forced nakedness. Keep from the necessity of being able to gency response personnel. It has been in mind we live in a different environ- have this information. tremendously enlightening to me to ment than the people of Iraq. The shav- In response to Senator LEVIN’s re- talk to them about the problems that ing of the beards was demeaning to quest for an unredacted version of the we have, from the communication and these men, but it was done many FBI emails, the administration issued resource challenges facing urban cen- times. They were placed in stressed po- its broadest assault against the Sen- ters such as Las Vegas and Reno, but sitions. They were intimidated with ate’s duty to evaluate a nominee to get also rural communities all over the dogs, and on and on. We learned of oversight of this administration. The State of Nevada. They have special these torture policies and their impact administration claimed it would not needs, special demands. not from this administration, as is our turn over the unredacted emails be- Of course, I mentioned already Las right, but through leaks and lawsuits. cause to do so would violate the Pri- Vegas with its booming tourist indus- Leaks and lawsuits, unfortunately, is vacy Act, even though, through Senate try. About 20 people an hour are mov- the way we have to learn much of what security, any classified information ing into Las Vegas. It is growing and is going on today. would be protected. The Privacy Act is the growth has not stopped. So Ne- The shocking abuses—and there is no designed to prevent the Government vada’s homeland security needs run the other way you can describe it—at Abu from disclosing personal information gamut. Our State and local officials Ghraib were revealed when the photo- about private individuals who have not will need the support and help of Judge graphs were released to the news consented to disclosure. It is not a tool Chertoff and the Department of Home- media. I can remember going upstairs to conceal identities of public officials land Security in the work they do. His to S. 407 with other Senators and look- engaged in this Nation’s business. job is a tough and challenging job, and ing at the brutality and the porno- As my colleague from Michigan, Sen- that is an understatement. graphic nature of those pictures. Even ator LEVIN, has so forcefully stated, I have confidence in Judge Chertoff. I for someone who has seen other acts of the administration’s penchant for se- am confident he will meet these chal- torture and terror in the work that we crecy threatens each and every Sen- lenges. It was less than 2 years ago do, it was overwhelming. I had no idea ator’s ability to do the people’s busi- that we approved him by an over- that is what I would see that day. I ness and undermines our role in pro- whelming vote of 88 to 1 to a lifetime waited not too long before I left. I saw viding advice and consent to the Presi- appointment on the Court of Appeals of enough in about 15 minutes, but I saw dent’s nominees and undermines our the Third Circuit. But he was willing a lot. role in conducting oversight into this to give up this lifetime appointment Major General Taguba’s report inves- administration. In the end, what is for a job that will last probably 4 tigating the abuse at Abu Ghraib was most troubling is that the administra- years. discovered after it, too, was leaked to tion’s culture of secrecy may breed fur- Since his confirmation, the adminis- the press. Judge Gonzales’s January ther abuses, abuses we know of today, tration has been mired in controversy 25th, 2002, memo advising the President not because of but in spite of the ad- over its handling of prisoners and de- that the Geneva Conventions were ministration’s effort. tainees. The administration policies ‘‘quaint and obsolete’’ was not known We must overcome these roadblocks have come under great scrutiny and we until it was leaked to the press 2 years put up by the administration because need to learn, during the course of this later. The Senate only learned of the the job of protecting the homeland is confirmation hearing, and we tried to August 1, 2002, Bybee torture memo too important. Judge Chertoff will do that, what role he may have played when it was leaked to the press in June have enormous challenges if he as- in crafting these policies. of that year. sumes his new position, which I am

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2263 confident he will. Border security, im- putting away five of the biggest Mafia Kennedy Mikulski Sessions migration, port security, airport bosses in New York. Kerry Murkowski Shelby Kohl Murray Smith screening, protecting America’s crit- His success brought him the job of Kyl Nelson (FL) Snowe ical infrastructure, and so much more U.S. attorney in New Jersey where he Landrieu Nelson (NE) Stabenow will now fall under his purview. He has oversaw high-profile and politically Lautenberg Obama Stevens Leahy Pryor pledged to work with the Congress in sensitive prosecutions. Sununu Levin Reed Talent Lieberman Reid crafting the Department’s policies. As In 2001, Judge Chertoff was chosen by Thomas Lincoln Roberts much as possible, this must be a non- President Bush to lead the Justice De- Thune Lott Rockefeller Vitter partisan exercise. Working together, partment’s Criminal Division. It was Lugar Salazar we can and we must put our country in there that Judge Chertoff would show Martinez Santorum Voinovich the strongest possible position to de- his full mettle. For the 20 hours fol- McCain Sarbanes Warner Wyden fend itself for the many threats we lowing the attacks on 9/11, Judge McConnell Schumer face. Chertoff was central in directing our NOT VOTING—2 In short, what I am criticizing and response. Baucus Specter complaining about, we have some His team in the Criminal Division The nomination was confirmed. emails from the FBI to the Justice De- traced the 9/11 killers back to al-Qaida. The PRESIDING OFFICER. The partment, saying, in effect, how we And for the next 2 years, Judge President will be immediately notified conduct our interrogations is appro- Chertoff helped craft our antiterrorism of the Senate’s action. priate. What the Department of De- policy. f fense is doing with their brutality and His experience working directly with their torture is wrong. I am convinced law enforcement, his expertise in LEGISLATIVE SESSION that is true; the FBI was right. I hope homeland and national security, and The PRESIDING OFFICER. Under somehow we will be able to get the his proven ability to lead in times of the previous order, the Senate will now names of these individuals and pursue national crisis make him overwhelm- return to legislative session. it more carefully and also find out ingly qualified to direct our homeland The majority leader. what the real words were; I am con- security. f fident it was torture. One thing we Judge Chertoff has said he will be MORNING BUSINESS know clearly from these memos is that proud to stand again with the men and Mr. FRIST. Mr. President, I ask the FBI says using our methods, the women who form our front line against unanimous consent that there now be a normal methods of interrogation, we terror. I know I speak for many when I period for morning business with Sen- are getting more information from the say we are proud to have a man of his ators permitted to speak for up to 10 enemy than you are while using your caliber and talent serving and pro- minutes each, with the exception of acts of violence. tecting the American people. Senator HAGEL who will follow my re- I close by saying, again, I want this Mr. President, I ask for the yeas and marks for up to 15 minutes. record spread with the fact that Sen- nays. The PRESIDING OFFICER. Without ator LEVIN has done a good thing for The PRESIDING OFFICER. Is there a objection, it is so ordered. this country. He has done good work sufficient second? The Senator from Nebraska. again in allowing us to look at an issue There appears to be a sufficient sec- (The remarks of Mr. HAGEL, Mr. that should be a simple issue that has ond. CRAIG, and Mr. ALEXANDER pertaining been made complicated by this admin- The question is, Will the Senate ad- to the introduction of S. 388 are printed istration by virtue of their hiding what vise and consent to the nomination of in today’s RECORD under ‘‘Statements it should not. Michael Chertoff, of New Jersey, to be on Introduced Bills and Joint Resolu- Ms. COLLINS. Mr. President, I ask Secretary of Homeland Security? On tions.) unanimous consent the quorum call I this question, the yeas and nays have Mr. ALEXANDER. I suggest the ab- am about to invoke be charged equally been ordered, and the clerk will call sence of a quorum. to both sides. the roll. The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Without The bill clerk called the roll. HAGEL). The clerk will call the roll. The assistant legislative clerk pro- objection, it is so ordered. Mr. MCCONNELL. The following Sen- Ms. COLLINS. Mr. President, I sug- ator was necessarily absent: the Sen- ceeded to call the roll. Mr. FRIST. Mr. President, I ask gest the absence of a quorum. ator from Pennsylvania (Mr. SPECTER). unanimous consent that the order for The PRESIDING OFFICER. The Mr. DURBIN. I announce that the clerk will call the roll. the quorum call be rescinded. Senator from Montana (Mr. BAUCUS), is The PRESIDING OFFICER (Mr. The bill clerk proceeded to call the necessarily absent. roll. ALEXANDER). Without objection, it is so The PRESIDING OFFICER. Are there ordered. Mr. FRIST. Mr. President, I ask any other Senators in the Chamber de- unanimous consent that the order for siring to vote? f the quorum call be rescinded. The result was announced—yeas 98, NOTICE OF PROPOSED The PRESIDING OFFICER (Mr. nays 0, as follows: RULEMAKING BURR). Without objection, it is so or- [Rollcall Vote No. 10 Ex.] Mr. STEVENS. Mr. President, I ask dered. unanimous consent that the attached Mr. FRIST. Mr. President, in a few YEAS—98 statement from the Office of Compli- moments we will be voting on the nom- Akaka Chambliss Durbin Alexander Clinton Ensign ance be printed in the RECORD today ination of Judge Michael Chertoff to Allard Coburn Enzi pursuant to section 304(b)(1) of the Con- lead the Department of Homeland Se- Allen Cochran Feingold gressional Accountability Act of 1995 (2 curity. I applaud President Bush for his Bayh Coleman Feinstein U.S.C. 1384(b)(1)). outstanding choice, and I am confident Bennett Collins Frist Biden Conrad Graham There being no objection, the mate- that Judge Chertoff will receive over- Bingaman Cornyn Grassley rial was ordered to be printed in the Bond Corzine Gregg whelming support from both sides of RECORD, as follows: the aisle, making this his fourth con- Boxer Craig Hagel Brownback Crapo Harkin FROM THE BOARD OF DIRECTORS OF THE firmation by this body, the Senate. Bunning Dayton Hatch OFFICE OF COMPLIANCE Judge Chertoff has a long and distin- Burns DeMint Hutchison Notice of Proposed Rulemaking, and Request guished career in public service and Burr DeWine Inhofe for Comments From Interested Parties law enforcement. Byrd Dodd Inouye Cantwell Dole Isakson NEW PROPOSED REGULATIONS IMPLE- The Harvard Law magna cum laude Carper Domenici Jeffords MENTING CERTAIN SUBSTANTIVE EM- first made his name in the mid-1980s Chafee Dorgan Johnson PLOYMENT RIGHTS AND PROTECTIONS

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2264 CONGRESSIONAL RECORD—SENATE February 15, 2005 FOR VETERANS, AS REQUIRED BY 2 U.S.C. preference in federal employment through a preference, agencies are to follow regula- 1316a, THE CONGRESSIONAL ACCOUNT- series of statutes and Executive Orders, be- tions governing the release of competing em- ABILITY ACT OF 1995, AS AMENDED (CAA). ginning as the Civil War drew to a close. ployees, giving ‘‘due effect’’ to the following Background While interpreting regulations have been factors: (a) employment tenure (i.e., type of The purpose of this Notice is to issue pro- modified over time, many of the current core appointment); (b) veterans’ preference; (c) posed substantive regulations which will im- statutory protections have remained largely length of service; and, (d) performance rat- unchanged since they were first codified in plement the 1998 amendment to the CAA ings. 5 U.S.C. § 3502(a). 5 U.S.C. § 3502 also re- the historic Veterans’ Preference Act of 1944, which applies certain veterans’ employment quires certain notification procedures, pro- Act of June 27, 1944, ch. 287, 58 Stat. 387, rights and protections to employing offices viding, inter alia, that an employing agency amended and codified in various provisions and employees covered by the CAA. must provide an employee with 60 days writ- of Title 5, U.S.C. In 1998, Congress passed the ten notice (the period may be reduced in cer- What is the authority under the CAA for Veterans Employment Opportunities Act tain circumstances) prior to being released these proposed substantive regulations? In (‘‘VEOA’’), Pub. L. 105–339, 112 Stat. 3186 (Oc- during a RIF. 5 U.S.C. § 3502(d)(1). Certain 1998, the CAA was amended through addition tober 31, 1998), which ‘‘strengthen[s] and protections also apply in connection with a of 2 U.S.C. 1316a, a provision of the Veterans’ broadens’’(Sen. Rept. 105–340, 105 Cong., 2d transfer of agency functions from one agency Employment Opportunities Act of 1998 Sess. at 19 (Sept. 21, 1998)) the rights and to another. 5 U.S.C. § 3503. In addition, where (VEOA), which states in relevant part: ‘‘The remedies available to military veterans who physical requirements (age, height, weight) rights and protections established under sec- are entitled to preferred consideration in are a qualifying element for retention, pref- tion 2108, sections 3309 through 3312, and sub- hiring and in retention during reductions in erence eligible individuals (including those chapter I of chapter 35 of Title 5, shall apply force (‘‘RIFs’’). Among other provisions of with disabilities) may obtain a waiver of to covered employees.’’ As will be described the VEOA, Congress clearly stated, in the such requirements in certain circumstances. in greater detail below, these sections of law itself, that henceforth the ‘‘rights and 5 U.S.C. § 3504. Title 5 accord certain hiring and retention protections’’ of certain veterans’ preference Are there veterans’ employment regulations rights to veterans of the uniformed services. law provisions, originally drafted to cover already in force under the CAA? No. Section 1316a(4)(B) states that ‘‘The regula- certain Executive Branch employees, ‘‘shall tions issued . . . shall be the same as the apply’’ to certain ‘‘covered employees’’ in Procedurals Summary most relevant substantive regulations (appli- the Legislative Branch. VEOA §§ 4(c)(1) and How are substantive regulations proposed cable with respect to the Executive Branch) (5) (emphasis added). and approved under the CAA? Pursuant to promulgated to implement the statutory The selected statutory sections which Con- section 304 of the CAA, 2 U.S.C. 1384, the pro- provisions . . . except insofar as the Board gress determined ‘‘shall apply’’ to covered cedure for promulgating such substantive may determine for good cause shown and employees in the Legislative Branch include, regulations requires that: (1) the Board of stated together with the regulation, that a first, a definitional section describing the Directors adopt proposed substantive regula- modification of such regulations would be categories of military veterans who are enti- tions and publish a general notice of pro- more effective for the implementation of the tled to preference (‘‘preference eligibles’’). 5 posed rulemaking in the Congressional rights and protections under this section.’’ U.S.C. § 2108. Generally, a veteran must be Record; (2) there be a comment period of at Will these regulations, if approved, apply to disabled or have served on active duty in the least 30 days after the date of publication of all employees otherwise covered by the CAA? Armed Forces during certain specified time the general notice of proposed rulemaking; No. Subsection (5) of 2 U.S.C. 1316a, states periods or in specified military campaigns to (3) after consideration of comments by the that, for the purpose of application of these be entitled to preference. In addition, certain Board of Directors, that the Board adopt reg- veterans’ employment rights, the term ‘‘cov- family members (mainly spouses, widow[er]s, ulations and transmit notice of such action ered employee’’ shall not apply to any em- and mothers) of preference eligible veterans together with the regulations and a rec- ployee of an employing office: (A) whose ap- are entitled to the same rights and protec- ommendation regarding the method for Con- pointment is made by the President with the tions. gressional approval of the regulations to the advice and consent of the Senate; (B) whose The VEOA also makes applicable to the Speaker of the House and President pro tem- appointment is made by a Member of Con- Legislative Branch certain statutory pref- pore of the Senate for publication in the Con- gress or by a committee or subcommittee of erences in hiring. In the hiring process, a gressional Record; (4) committee referral and either House of Congress; or (C) who is ap- preference eligible individual who is tested action on the proposed regulations by resolu- pointed to a position, the duties of which are or otherwise numerically evaluated for a po- tion in each House, concurrent resolution, or equivalent to those of a Senior Executive sition is entitled to have either 5 or 10 points by joint resolution; and (5) final publication Service position. . . .’’ These regulations added to his/her score, depending on his/her of the approved regulations in the Congres- would apply to all other covered employees. military service, or disabling condition. 5 sional Record, with an effective date pre- Do other veterans’ employment rights apply U.S.C. § 3309. Where experience is a quali- scribed in the final publication. For more de- via the CAA to Legislative Branch employing fying element for a job, a preference eligible tail, please reference the text of 2 U.S.C. offices and covered employees? Yes. Another individual is entitled to credit for having rel- 1384. This Notice of Proposed Rulemaking is statutory scheme regarding veterans’ and evant experience in the military or in var- step (1) of the outline set forth above. armed forces members’ employment rights is ious civil activities. 5 U.S.C. § 3311. Where Are these proposed regulations also rec- incorporated in part through section 206 of physical requirements (age, height, weight) ommended by the Office of Compliance’s Ex- the Congressional Accountability Act of 1995 are a qualifying element for a position, pref- ecutive Director, the Deputy Executive Direc- (CAA). Section 206 of the CAA, 2 U.S.C. 1316, erence eligible individuals (including those tor for the House of Representatives, and the applies certain provisions of Title 38 of the who are disabled) may obtain a waiver of Deputy Executive Director for the Senate? As U.S. Code regarding ‘‘Employment and Re- such requirements in certain circumstances. required by section 304(b)(1) of the CAA, 2 employment Rights of Members of the Uni- 5 U.S.C. § 3512. U.S.C. 1384(b)(1), the substance of these regu- formed Services.’’ Section 206 of the CAA For certain positions (guards, elevator op- lations is also recommended by the Execu- also requires the Board of Directors to issue erators, messengers, custodians), only pref- tive Director, the Deputy Executive Director substantive regulations patterned upon the erence eligible individuals may be considered for the House of Representatives and the regulations promulgated by the Secretary of for hiring so long as such individuals are Acting Deputy Executive Director for the Labor to implement the Title 38 rights of available. 5 U.S.C. § 3310. (These statutory Senate. members of the uniformed services. As of provisions on hiring in the Executive Branch Has the Board of Directors previously pro- this date, the Secretary of Labor has not fi- apply specifically to the competitive service; posed substantive regulations implementing nally promulgated any such regulations. this point will be discussed further below.) these veterans’ employment rights and bene- Therefore, regulations implementing CAA Finally, in prescribing retention rights dur- fits pursuant to 2 U.S.C. 1316a? Yes. On Feb- section 206 rights will not be proposed by the ing Reductions In Force for Executive ruary 28, 2000, and March 9, 2000, the Office Board until the Labor Department regula- Branch positions (in both the competitive published an Advanced Notice of Proposed tions have been promulgated. The proposed and in the excepted service), the sections in Rulemaking (‘‘ANPR’’) in the Congressional regulations in this Notice are not based on subchapter I of chapter 35 of Title 5, U.S.C., Record (144 Cong. Rec. S862 (daily ed., Feb. 28, section 206 of the CAA, but solely on the with a slightly modified definition of ‘‘pref- 2000), H916 (daily ed., March 9, 2000)). On De- other veterans’ rights referenced in 2 U.S.C. erence eligible,’’ require that employing cember 6, 2001, upon consideration of the 1316a. agencies retain an employee with retention comments to the ANPR, the Office published What are the veterans’ employment rights ap- preference in preference to other competing a Notice of Proposed Rulemaking (‘‘NPR’’) in plied to covered employees and employing of- employees, provided that the employee’s per- the Congressional Record ( 147 Cong. Rec. fices in 2 U.S.C. 1316a? In recognition of formance has not been rated unacceptable. 5 S12539 (daily ed. Dec. 6, 2001), H9065 (daily ed. their duty to country, sacrifice, and excep- U.S.C. § 3502(c) (emphasis added). Dec. 6, 2001)). The Board has not acted fur- tional capabilities and skills, the United Along with this explicit command to re- ther on those earlier Notices, and has de- States government has accorded veterans a tain qualifying employees with retention cided to issue this Notice as the first step in

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2265 a new effort to promulgate implementing observations. First, commenting offices Not only is application of these rights to regulations. noted that the Board’s approach of drafting all covered employees compelled by the plain As noted above, 2 U.S.C. 1316a mandates intricate regulations that may not apply to language of the statute, the legislative his- application to the Legislative Branch of cer- any covered employees creates more prob- tory of the VEOA also clearly indicates that tain statutory provisions originally drafted lems than it solves. This approach was seen the principles of veterans’ preference protec- for the Executive Branch. In its initial pro- as ‘‘impracticable,’’ ‘‘obfuscating’’ the true tions must be applied in the Legislative posed rules, the Board noted that this statu- sense of the VEOA and what requirements in Branch. The authoritative report of the Sen- tory command raised the quandary of deter- fact must apply to employing offices; it was ate Committee on Veterans’ Affairs (Senate mining which Legislative Branch employees seen, in effect, as an attempt to ‘‘place a Report 105–340, pages 15 & 17), recognized should be covered by which statutory provi- square peg in a round hole.’’ Others charged that the competitive service did not exist in sions. There are longstanding and significant that the adoption of such regulations went the Legislative Branch, and that 2 U.S.C. differences between the personnel policies beyond the Board’s statutory authorization, 1316a did not require the establishment of and practices within these two branches. For and would require, without basis in law, the such a competitive service. Nonetheless, the instance, the Executive Branch distinguishes employing offices to adopt complicated pro- Committee noted that veterans’ preference between employees in the ‘‘competitive serv- cedures, some governing employment deci- principles should be incorporated into the ice’’ and the ‘‘excepted service,’’ often with sions that affected only non-veteran appli- Legislative Branch personnel systems. differing personnel rules applying to these cants or employees. A commenting office For these reasons, the Board is persuaded two services. The Legislative Branch has no also complained about the application of that Congress, in enacting the VEOA’s ex- such dichotomy. terms ‘‘foreign and inapplicable’’ to its per- tension of veterans’ employment rights to When Congress directed in the VEOA that sonnel system. Employing offices also sub- the Legislative Branch, intended a broad ap- certain veterans’ employment rights and mitted that statutes drafted for the Execu- plication to all CAA covered employees, ex- protections currently applicable to Execu- tive Branch competitive service should not cept for the staff of those employing offices tive Branch employees shall be made appli- apply at all to any Legislative Branch em- in the House of Representatives and the Sen- cable to Legislative Branch employees, the ployee. ate which Congress specifically excluded Board took note of a central distinction Furthermore, one employing office com- from coverage in section 206a(5) of the CAA made in the underlying statute: certain vet- mented that such modification of OPM regu- (2 U.S.C. § 1316a(5)).This result is faithful to erans’ preference protections (regarding hir- lations does not constitute an adoption of the statutory language. Furthermore, the ing) applied only to Executive Branch em- the ‘‘most relevant regulations,’’ as regula- Board has concluded, for the reasons stated ployees in the ‘‘competitive’’ service, while tions that apply to no covered employees can above, that the most relevant substantive others (governing reductions in force and not possibly be the most relevant regula- Executive Branch OPM regulations are at transfers) applied both to the ‘‘competitive’’ tions applicable. As another commenting of- times inapposite to a meaningful implemen- and ‘‘excepted’’ service. fice aptly put it, ‘‘Unfortunately, the unin- tation of the VEOA in the Legislative The Board’s initial approach in 2000 was to tended result could very well be that the un- Branch, such that a modification of the regu- maintain this distinction by attempting to derlying principles of the veterans’ pref- lations is necessary for the effective imple- discern which Legislative Branch employees erence laws would lie fallow while the af- mentation of the rights and protections should be considered as working in positions fected legislative branch entities struggle under the VEOA. As a result, the Office is equivalent to the ‘‘competitive’’ service, and with the task of adopting civil-service type proposing regulations that reflect the prin- which should be considered equivalent to the personnel management systems.’’ Comments ciples of the veterans’ preference laws, as ‘‘excepted’’ service. At that point, the Board of the Office of House Employment Counsel, discussed by the Senate Committee on Vet- concluded that all Legislative Branch em- Feb. 6, 2002 at 9. Additionally, all three em- erans Affairs, without linking such coverage ployees, with certain possible exceptions ploying offices argued that the Board should to employees or positions with competitive (such as those of the Office of the Architect issue three individual sets of regulations (to service status. of the Capitol) should be considered excepted pertain to the Senate, House, and covered Furthermore, the Board has also taken service employees. The Board therefore Congressional instrumentalities), rather note of the legislative history suggesting issued regulations, closely following Office of than one set. Finally, the Office of the Archi- that employing offices with employees cov- Personnel Management (‘‘OPM’’) regulations tect of the Capitol also argued that the Ar- ered by the VEOA should create systems in- for the various statutory provisions, with chitect of the Capitol Human Resources Act corporating these veterans’ preference prin- the caveat that the regulations governing did not create a competitive service in the ciples: ‘‘The Committee notes that the re- hiring would apply only to those employees sense of the veterans’ preference laws. quirement that veterans’ preference prin- whom the Board currently deemed working How are the regulations being proposed in ciples be extended to the legislative and judi- at jobs equivalent to the competitive service this Notice different from those regulations cial branches does not mandate the creation (e.g. the Office of the Architect of the Cap- which the Board previously proposed? In the of civil service-type evaluation or scoring itol). The NPR acknowledged: ‘‘The Board period since the initial proposed regulations systems by these hiring entities. It does re- recognizes that the adoption of these defini- were issued by the Board of Directors and quire, however, that they create systems tions (e.g., competitive and excepted serv- commented upon by various stakeholders, that are consistent with the underlying prin- ices], consistent with the mandate of section the Office of Compliance has engaged in ex- ciples of veterans’ preference laws.’’ Sen. 225 [of the CAA], yields an unusual result in tensive informal discussions with various Comm. Report at 17. The implementation of that no ‘‘covered employee’’ in the Legisla- stakeholders across Congress and the Legis- that provision in the Senate Report can only tive Branch currently satisfies the definition lative Branch, in an effort to ascertain how be accomplished by the employing offices. of ‘‘competitive service.’’ Moreover, as the best to effect the basic purposes of veterans’ In their Comments, employing offices substantive protections of veterans’’ pref- employment rights in the Legislative strongly expressed their need to preserve erence in Legislative Branch appointment Branch. their autonomy in determining and admin- apply only to ‘‘competitive service’ posi- After careful consultation and delibera- istering their respective personnel systems. tions, the regulations which the Board pro- tion, the Board is issuing new proposed regu- For example, the Office of the Architect of poses regarding preference in appointment lations which differ in many respects from the Capitol commented that it was incum- would with one noted exception [employees the initial proposed regulations. The new ap- bent upon the employing offices to create appointed under the Architect of the Capitol proach is responsive to the clear statutory ‘‘systems that are consistent with the under- Human Resources Act], currently apply to mandate contained in the VEOA, and to var- lying principles of veterans’’ preference no one. . . .’’ This left the Board in the posi- ious Comments regarding the initial pro- laws,’’ pursuant to the Senate Committee tion of drafting intricate regulations that posed regulations. This approach also applies Report. The Board agrees, and the newly pro- may have applied to only a minority of ‘‘cov- insights gained from the informal discus- posed regulations allow employing offices to ered employees,’’ or perhaps even to no ‘‘cov- sions with stakeholders. do so. What the regulations also do is clearly ered employees’’ at all—a result in obvious The Board has decided to apply the plain define the ‘‘underlying principles of vet- tension with the VEOA’s statutory mandate language of the statutory provisions to all erans’’ preference laws’’ made applicable to that these veterans’ protections ‘‘shall covered employees in the Legislative these employing offices, so as to provide a apply’’ to ‘‘covered employees’’ in the Legis- Branch. By doing so, the Board avoids what benchmark for the employing offices, appli- lative Branch. commenting employing offices styled as the cants, and covered employees, as to whether The Board received Comments to its initial ‘‘anomaly’’ of complicated regulations which the systems developed are consistent with proposed regulations from the Office of the would practically apply to no employees, an these principles. Architect of the Capitol, the Office of House anomaly which not only poorly served the What is the approach taken by these re- Employment Counsel, and the Office of the clear Congressional intent that protections vamped proposed substantive regulations? Senate Chief Counsel for Employment, all ‘‘shall apply to covered employees,’’ but The Board has taken great heed to avoid the finding fault with the initial approach. The which also created confusion for the employ- intricate, OPM-like regulations that formed Comments generally included the following ing offices. the basis for its first proposed regulations.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2266 CONGRESSIONAL RECORD—SENATE February 15, 2005 Under the current proposed regulations, em- with a responsibility on the part of the em- Similarly, Subpart E of the proposed regu- ploying offices will retain their wide lati- ploying offices to provide all applicants for lations contains various important provi- tude, not similarly enjoyed by many employ- covered positions and all covered employees sions governing recordkeeping, dissemina- ing agencies in the Executive Branch, to de- with certain notice and informational rights, tion of VEOA policies, written notice prior vise and administer their own unique and as discussed below. This is to ensure that to a RIF, and informational requirements re- often flexible personnel systems. However, employing offices are equipped with all in- garding veterans’ preference determinations. employing offices with covered employees formation necessary to determine and ad- Certain of these provisions (notably that re- must incorporate into these individual per- minister veterans’ preference eligibility and quiring written notice prior to a RIF) derive sonnel systems the basic veterans’ pref- that such applicants and employees are prop- directly from statutory provisions made ap- erence protections under the specific statu- erly informed of how their employing office plicable to covered employees by the VEOA. tory mandate that Congress issued in the has chosen to give life to the veterans’ pref- The Board has adopted others so as to ensure VEOA, and they must carry out the adminis- erence protections. that the employing offices, which have sig- tration of these veterans’ preference provi- In sum, should an employing offices al- nificant autonomy and discretion in inte- sions in a manner consistent with the ready use personnel policies and procedures grating the veterans’ preference require- Board’s commitment to promoting adminis- similar to those in the competitive service, ments into their personnel systems, admin- trative transparency and accountability. it must factor in the various veterans’ pref- ister the preferences in a way that promotes Under this approach, employing offices erence protections with respect to applicants accountability and transparency. In response with the specified covered employees must for covered positions and covered employees. to the earlier Comments of the employing of- meet the requirements contained in the stat- If an employing office chooses to follow more fices, however, the Board has refrained from utory mandate of the VEOA, but need not flexible, or merely different, personnel poli- adopting more burdensome procedural re- necessarily adopt any of the trappings of an cies from those referenced in the competitive quirements, such as keeping formal reten- OPM-like personnel system. Thus, should service, it may do so—but may not refuse to tion registers (see 5 CFR § 351.505). apply the veterans’ preferences called for in such an employing office choose to admin- Are there substantive differences in the pro- ister numeric evaluations of applicants for a the statute. This would contravene the clear statutory directive to affirmatively apply posed regulations for the House of Rep- position, it must add to a preference eligi- resentatives, the Senate, and the other em- ble’s evaluation the points called for in the the veterans’ preference protections to the specified covered employees in the Legisla- ploying offices? No. The Board of Directors veterans’ preference statutes. If it does not has identified no ‘‘good cause’’ for varying numerically evaluate applicants, it must de- tive Branch. In proposing these regulations, the Board the text of these regulations. Therefore, if termine how it will factor veterans’ pref- has sought to remain faithful to the explicit these proposed regulations are approved as erence status into its employee evaluations statutory language of the VEOA. In some proposed, there will be one text applicable to and hiring decisions at a level commensurate cases, we have been guided by OPM veterans’ all employing offices and covered employees. with the statutory directive. Similarly, preference implementing regulations. In Are these proposed substantive regulations should an employing office currently have a many cases, ‘‘for good cause shown,’’ we available to persons with disabilities in an al- policy of placing covered employees who have not adopted the OPM regulations so as ternate format? This Notice of Proposed Reg- may be potentially subject to a reduction in to tailor simpler and more streamlined regu- ulations is available on the Office of Compli- force on a retention register, it must rank lations. We have issued proposed regulations ance web site, www.compliance.gov, which is said employees taking into account the di- based on the direct statutory language when- compliant with section 508 of the Rehabilita- rectives of the veterans’ preference statute. ever possible, reserving implementation to tion Act of 1973 as amended, 29 U.S.C. 794d. Should an employing office elect not to keep the individual employing offices, who then This Notice can also be made available in formal retention registers, nothing in these are charged with crafting their own proc- large print or Braille. Requests for this No- regulations requires it to start doing so. It esses and procedures for integrating vet- tice in an alternative format should be made still must, however, follow the statutory erans’ preference protections within their to: Alma Candelaria, Deputy Executive Di- mandate to provide certain veterans’ pref- personnel systems. rector, Office of Compliance, 110 2nd Street, erences in the course of a reduction in force Therefore, in accord with 2 U.S.C. S.E., Room LA–200, Washington, D.C. 20540; that affects employees covered by the VEOA. 1316a(4)(B), which mandates that ‘‘the Board 202–724–9226; TDD: 202–426–1912; FAX: 202–426– The goal of preserving employing office au- may determine, for good cause shown and 1913. tonomy in fashioning personnel systems has stated . . . a modification of such regula- 30 Day Comment Period Regarding the further compelled the Board to minimize the tions would be more effective for the imple- Proposed Regulations impact of these proposed regulations on em- mentation of the rights and protections ployment decisions not directly involving under this section,’’ these proposed regula- How can I submit comments regarding the Comments regarding preference eligibles. Thus, unlike the initial tions may not track the most relevant sub- proposed regulations? proposed regulations, should an employing stantive regulations applicable with respect the proposed new regulations of the Office of office properly determine that no preference to the Executive Branch. However, the pro- Compliance set forth in this NOTICE are in- eligibles are qualified applicants, or that no posed regulations endeavor, to the maximum vited for a period of thirty (30) days fol- preference eligibles are subject to a RIF, practical extent, to effect the veterans’ pref- lowing the date of the appearance of this NO- these proposed regulations are designed so as erence principles that Congress made appli- TICE in the Congressional Record. In addition not to govern the employment decisions cable to the Legislative Branch through sec- to being posted on the Office of Compliance’s taken by the employing office. By allowing tion 206a(2) of the CAA, 2 U.S.C. § 1316a(2). section 508 compliant web site (www.compliance.gov) this NOTICE is also for such employing office autonomy, the What responsibilities would employing of- available in the following alternative for- Board hopes to allay the concerns of some of fices have in effectively implementing these mats: Large Print, Braille. Requests for this the employing offices, expressed in the ini- regulations? The Board is charging the em- NOTICE in an alternative format should be tial Comments, that a ‘‘morass’’ of intricate ploying offices with the responsibility of made to: Bill Thompson, Executive Director, regulations would apply to decisions that did duly factoring the veterans’ preference prin- or Alma Candelaria, Deputy Executive Di- not affect preference eligibles. (One isolated, ciples into their individualized hiring and re- rector, Office of Compliance, at 202–724–9250 but necessary exception to this approach tention processes. We will require that such (voice) or 202–426–1912 (TDD). limiting the effect of the regulations to per- measures be substantive and verifiable. Oth- sonnel actions involving preference eligibles erwise, VEOA implementation would be illu- Submission of comments must be made in is proposed § 1.115, governing the transfer of sory and the Office’s remedial responsibility writing to the Executive Director, Office of functions between one employing office and under 2 U.S.C.1316a(3) might be com- Compliance, 110 Second Street, S.E., Room another, and the replacement of one employ- promised. LA–200, Washington, D.C. 20540–1999. It is re- ing office by another. This section provides Therefore, the proposed regulations would quested, but not required, that an electronic protections for all covered employees, as the require that all employing offices with cov- version of any comments be provided on an term is defined and limited in the VEOA, in- ered employees or seeking applicants for accompanying computer disk. Comments cluding non-preference eligibles. The clear covered positions develop a written program, may also be submitted by facsimile to the statutory language of 5 U.S.C. § 3503 (apply- within 120 days of the Congressional ap- Executive Director at 202–426–1913 (a non- ing to both the competitive and excepted proval of the regulations, setting forth each toll-free number.) Those wishing to receive services) commands this result. Congress employing office’s modality for effecting the confirmation of the receipt of their com- chose to include this broad statutory provi- veterans’ preference principles in its hiring ments must provide a self-addressed, sion in the set of provisions made applicable and retention systems. These programs stamped post card with their submission. to the Legislative Branch in the VEOA.) would demonstrate each employing office’s Copies of submitted comments will be avail- The overall discretion and autonomy re- efforts to comply with the VEOA. However, able for review on the Office’s web site at served to employing offices to administer technical promulgation of such procedures www.compliance.gov, and at the Office of veterans’ preference protections within the does not per se relieve an employing office of Compliance, 110 Second Street, S.E., Wash- context of their personnel systems comes substantive compliance with the VEOA. ington, D.C. 20540–1999, on Monday through

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2267 Friday (non-Federal holidays) between the The term ‘‘qualified applicant,’’ while not fices, and that otherwise respects the legisla- hours of 9:30 a.m. and 4:30 p.m. directly originating in the text of U.S.C. tive intent of the VEOA. Supplementary Information: The Congres- Title V, is used to capture the principle in 5 1.104 Coordination with section 225 of the sional Accountability Act of 1995 (CAA), PL U.S.C. § 3309 that only a preference eligible Congressional Accountability Act. This sec- 104–1, was enacted into law on January 23, applicant who has received a passing grade tion notes that the VEOA requires that regu- 1995. The CAA applies the rights and protec- in an examination or evaluation for entrance lations promulgated are consistent with sec- tions of 11 federal labor and employment into the competitive service need receive ad- tion 225 of the CAA. These proposed regula- statutes to covered employees and employ- ditional points accorded to his or her appli- tions are consistent with section 225; the reg- ing offices within the Legislative Branch of cation (except for certain ‘‘restricted’’ posi- ulations follow CAA principles contained Government. The CAA was amended by add- tions, discussed below). ‘‘Qualified appli- therein, including applying CAA definitions ing 2 U.S.C. 1316a as part of the enactment of cant’’ is borrowed from the Americans with and exemptions, and reserving enforcement the Veterans’ Employment Opportunities Disabilities Act (‘‘ADA,’’ 42 U.S.C. § 12101 et through CAA procedures, rather than Act of 1998 (VEOA), PL 105–339, section 4(c), seq.) as applied by section 102(a)(3) of the through recourse to the Executive Branch. to provide additional substantive employ- CAA, 2 U.S.C. § 1302(a)(3). The ADA’s ref- SUBPART B—VETERANS’ PREFERENCE— ment rights for veterans. Those additional erence to ‘‘requisite skill, experience, edu- GENERAL PROVISIONS rights are the subject of these regulations. cation and other minimum job-related re- 1.105 Responsibility for administration of Section 301 of the CAA (2 U.S.C. 1381) estab- quirements’’ has been shortened to ‘‘req- veterans’ preference. This section clarifies lishes the Office of Compliance as an inde- uisite minimum job-related requirements,’’ that employing offices have responsibility pendent office within the Legislative as not every job may require a particular for administering veterans’ preference, with- Branch. level of acquired skill, experience, or edu- in the parameters of the VEOA and these cation. More Detailed Discussion of the Text of the regulations. As will be discussed further, we are not re- 1.106 Procedures for bringing claims under Proposed Regulations quiring an employing office to establish any the VEOA. This section establishes the pro- SUBPART A—MATTERS OF GENERAL APPLICA- particular prerequisites or type of evaluation cedures for contesting an adverse determina- BILITY TO ALL REGULATIONS PROMULGATED or examination system for applicants. In- tion. UNDER SECTION 4 OF THE VEOA stead, the term ‘‘qualified applicant’’ serves SUBPART C—VETERANS’ PREFERENCE IN 1.101 Purpose and scope. This section as a means of implementing the statutory APPOINTMENTS clarifies that the purpose of these regula- mandate that only preference eligible appli- 1.107 Veterans’ preference in appoint- tions is to ensure that the principles of the cants with ‘‘passing scores’’ receive pref- ments to restricted covered positions. The veterans’ preference laws are integrated into erence in the hiring process in the context of VEOA makes 5 U.S.C. §3310 applicable to the the employing offices’ existing employment appointment processes that do not involve Legislative Branch, thereby extending an ab- and retention policies and processes, as per ‘‘scoring’’ or similar numeric evaluation. solute preference to veterans who apply for the explicit statutory mandate contained in Where the employing office does not use a the positions of guard, elevator operator, the VEOA. Additionally, through these regu- numerically scored entrance examination or messenger and custodian. Despite concerns lations, the Board seeks to fulfill its goal of evaluation, we have authorized the employ- raised by certain employing offices regarding achieving transparency in the application of ing office to make the determination of the singling out of these particular posi- veterans’ preference in covered appointment whether the applicant is minimally ‘‘quali- tions, the Board may not ignore the statu- and retention decisions. fied’’ for a covered position. In doing so, the tory requirement that veterans who apply Finally, it is noted that nothing in these employing office may rely on any job-related for them be afforded an absolute preference regulations shall be construed to require an requirements or on any evaluation system, over non-veteran applicants. employing office to reduce any existing vet- formal or otherwise, which it chooses to em- We have based our definitions of the re- erans’ preference rights and protections that ploy in assessing and rating applicants for stricted position terms ‘‘guards,’’ ‘‘elevator it may currently afford to preference eligible covered positions, provided that the employ- operators,’’ ‘‘custodians,’’ and ‘‘messengers,’’ individuals. Any employing agencies that ing office in no way seeks to create or ma- upon the definitions employed in the vet- currently provide greater veterans’ pref- nipulate a standard as to whether an appli- erans’’ preference context by the U.S. Office erences than required by these regulations cant is ‘‘qualified’’ so as to avoid obligations of Personnel Management in its ‘‘Delegated may retain them. Note also that, while the imposed upon it by the VEOA. Examining Operations Handbook.’’ See VEOA does not directly cover the GAO, GPO, If, however, the employing office uses an http://www.opm.gov/deu/Handbookl2003. The or Library of Congress, should Congress ex- entrance examination or evaluation that is definitions of custodian and messenger have tend Board jurisdiction over any of these en- numerically scored, the term ‘‘qualified ap- been modified to include a ‘‘primary duty’’ tities in the future, it should take their ex- plicant’’ shall mean that the applicant has requirement, to allow the performance of isting veterans’ preference policies into ac- obtained a passing score on the examination some custodial or messenger duties in posi- count, which may be based on independent or evaluation. The Board notes that it ex- tions having other primary duties without statutory mandates. Note, for example, that pects the level of ‘‘passing scores’’ to be transforming those positions into restricted 31 U.S.C. § 732(h)(1) already mandates that roughly comparable to that in the OPM reg- positions. the GAO must afford veterans’ preferences ulations (70 points on a 100 point scale; 5 CFR 1.108 Veterans’ preference in appoint- (largely similar to those in subchapter I of § 337.101). We are not requiring employing of- ments to non-restricted covered positions. chapter 35 of title 5 U.S.C.). fices to administer entrance exams at all, or This section clarifies that preference eligible 1.102 General definitions. This section to model an exam or the grading thereof status is an affirmative factor in the hiring provides straightforward definitions of key after OPM’s models. However, employing of- process for covered positions. The require- terms referred to in the regulations. Several fices may not set the bar on a scored en- ment that preference eligible status be ap- of the definitions are derived from the statu- trance examination or evaluation for a cov- plied as an ‘‘affirmative factor’’ is derived tory provisions made applicable via the ered position so high that minimally quali- from the directive of the VEOA that the un- VEOA, including ‘‘veteran,’’ from 5 U.S.C. fied preference eligible applicants cannot derlying principles of the veterans’ pref- § 2108(1), ‘‘disabled veteran’’ from 5 U.S.C. pass. Moreover, the determination of what erence laws be applied within the Legislative § 2108(2), and ‘‘preference eligible’’ from 5 will constitute a ‘‘passing score’’ should be Branch. U.S.C. §2108(3). It also contains several other made and communicated to applicants before Where an employing office assigns points definitions included for explanatory pur- they are evaluated or sit for the entrance ex- to applicants competing for appointment to poses. amination. a covered position, it should add commensu- The term ‘‘appointment’’ is defined as an 1.103 Adoption of regulations. This sec- rate points for veterans’ preference eligible individual’s appointment to employment in tion details the process by which the regula- applicants consistent with 5 U.S.C. § 3309, one a covered position. Consistent with the OPM tions shall be adopted. It also clarifies that, of the sections made applicable to the Legis- regulations in 5 C.F.R. § 211.102(c), the term as discussed extensively in the prefatory lative Branch by the VEOA. Should the of- excludes inservice placement actions such as comments, supra, the Board has at times de- fice choose not to conduct formal evalua- promotions. The term ‘‘covered employee’’ viated from the regulations which otherwise tions on a point scale, it must apply vet- follows the language of section 101(3) of the were most applicable, i.e. the regulations erans’ preference as an affirmative factor, to CAA, as limited by section 4(c)(5) of the issued by OPM implementing these selected a degree consistent with the level of pref- VEOA. Section 4(c)(5) of the VEOA excludes provisions of U.S.C. Title V. When the Board erence applied in 5 U.S.C. § 3309. employees whose appointment is made by a has so deviated from the OPM regulations, it In no way does this require the creation of committee or subcommittee of either House has done so in an effort to implement the any particular type of system of examining of Congress. The Board believes this statu- statutory language of the VEOA in a way or evaluating applicants, and an employing tory exclusion extends to joint committees that respects the autonomy of employing of- office may properly choose to not assign and has expressly excluded such employees fices’ personnel systems and avoids placing points at all to applications for covered posi- from the definition of ‘‘covered employee’’. undue administrative burdens upon these of- tions. Rather, this regulation merely states

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2268 CONGRESSIONAL RECORD—SENATE February 15, 2005 that, whatever system the employing office granting credit for experience to non-pref- pected to continue for more than 30 days. uses to choose among qualified applicants erence eligibles, so long as the credit af- This definition derives from OPM regula- for a covered position, it must accord a level forded preference eligibles complies with the tions, which clearly interpret 5 U.S.C. § 3502 of preference to preference eligible qualified VEOA. Note also that section 1.109 of these to include demotions and include the re- applicants consistent with the point system proposed regulations applies equally to re- quirement that the personnel action be for indicated in the statute. Thus, the pref- stricted and non-restricted positions. more than 30 days [5 CFR § 351.201 (a)(2)], and erence must be comparable to affording an Section 1.110 Waiver of physical require- from the statutory provisions of the VEOA additional 5 or 10 points (depending on the ments in appointments to covered positions. that charge the Board to follow OPM’s regu- status of the preference eligible) on a 100 This section contains language derived di- lations except where the Board may deter- point scale to qualified applicants, while un- rectly from 5 U.S.C. § 3312, one of the sections mine that a modification of those regula- derstanding that under such a point system made applicable to the Legislative Branch tions would be more effective for the imple- the applicant must have attained at least 70 by the VEOA. It requires an employing office mentation of the rights and protections points to be considered qualified. (OPM pro- to waive physical requirements for a position under the VEOA. Caselaw interpreting the vides a scale for converting other point if it determines, after considering any rec- veterans’ preference laws also indicates that scales (5 point, 10 point, 25 point, etc.) to a ommendations of an accredited physician the inclusion of demotions in what con- 100-point scale.) that may be submitted by such an applicant, stitutes a reduction in force stems from stat- Section 1.108 applies to both restricted that he or she is physically able to perform utory, not just regulatory, language. (See, and non-restricted positions. While re- efficiently the duties of the position. Note e.g., AFGE Local 1904 v. Resor, 442 F. 2d 993, stricted positions are limited to preference that OPM has chosen to promulgate regula- 994 (3rd Cir. 1971); Alder v. U.S., 129 Ct. Cl. 150 eligibles (should there be preference eligible tions interpreting 5 U.S.C. § 3312 which make (1954).) applicants), in the event that more than one clear that: ‘‘[A]gencies must waive a medical 5 U.S.C. § 3501, which has been included in preference eligible applies, the employing of- standard or physical requirement established the CAA through Section (c)(2) of the VEOA, fice should apply the requirement in this sec- under this part when there is sufficient evi- contains special definitions for determining tion to provide a higher preference to a dis- dence that an applicant or employee, with or whether an employee is a ‘‘preference eligi- abled preference eligible. Thus, 5 U.S.C. without reasonable accommodation, can per- ble’’ for purposes of applying veterans’ pref- § 3310, while restricting certain positions to form the essential duties of the position erence in reductions in force. The definitions preference eligibles (so long as preference without endangering the health and safety of that appear in section 1.111(b) of the regula- eligibles are available), does not except these the individual or others.’’ tions are taken directly from the statutory positions from this requirement in 5 U.S.C. 5 CFR 339.204. The Board does not believe language in 5 U.S.C. § 3501. Note, however, that these definitions do not apply to the ap- § 3309 to provide higher preference to a dis- that these proposed regulations are the prop- plication of the provisions of 5 U.S.C. § 3504 abled preference eligible applicant. er vehicle for issuing regulations concerning (and section 1.114 of these regulations) re- 1.109 Crediting experience in appoint- the Americans with Disabilities Act (‘‘ADA,’’ garding the waiver of physical requirements ments to covered positions. This language is 42 U.S.C. § 12101 et seq.) as applied by section in determining qualifications for retention. taken from 5 CFR § 337.101(c), which inter- 102(a)(3) of the CAA, 2 U.S.C. § 1302(a)(3). In that context, the definition of ‘‘preference prets 5 U.S.C. § 3311, one of the sections made Therefore, section 1.110(a)(2) tracks the stat- eligible’’ set forth in 5 U.S.C. § 2108 (and sec- applicable to the Legislative Branch by the utory language rather than the OPM regula- tion 1.102(o) of the Board’s regulations) shall VEOA. We have elected to use the regulatory tion. It also clarifies that the employing of- fice need consider a recommendation of an apply. language as it is more clearly written, and As discussed below, 5 U.S.C. § 3502(c) pro- accredited physician only if such a rec- serves to better guide employing offices than vides that preference eligibles are entitled to ommendation is submitted by the preference does the direct statutory text. The statutory retention over other ‘‘competing employ- eligible. and regulatory provisions are laid out below ees’’. In the Executive Branch, the question for an easy comparison: The Board does note, however, that Con- gress passed the ADA subsequent to the vet- of who are ‘‘competing employees’’ is an- SEC. 3311. PREFERENCE ELIGIBLES; erans’ preference protections contained in 5 swered by reference to detailed and rather EXAMINATIONS; CREDITING EXPERIENCE U.S.C. § 3312, and that, under the ADA as ap- complex retention registers that Executive Branch agencies are required to maintain. In examinations for the competitive serv- plied by the CAA, employing offices may (See, e.g., 5 CFR § 351.203, 5 CFR § 351.404 and ice in which experience is an element of have obligations towards applicants that 5 CFR § 351.501.) The Comments to our initial qualification, a preference eligible is entitled may in some circumstances be greater than proposed regulations noted that few if any to credit— the protections accorded preference eligible employing offices in the Legislative Branch (1) for service in the armed forces when his applicants in 5 U.S.C. § 3312. For example, maintain retention registers, and that many employment in a similar vocation to that for these regulations do not relieve employing of the OPM regulations regarding retention which examined was interrupted by the serv- offices from complying with the restrictions registers rely on personnel practices and sys- ice; and imposed on disability-based inquiries under tems that do not exist in the Legislative (2) for all experience material to the posi- the ADA but, as is discussed in the com- Branch. tion for which examined, including experi- ments to section 1.118, recognize that an em- ence gained in religious, civic, welfare, serv- In keeping with our new approach to the ploying office may use information obtained implementation of the VEOA, these regula- ice, and organizational activities, regardless through voluntary self-identification of one’s of whether he received pay therefor. tions do not impose a requirement that an disabled status. Accordingly, the Board has employing office create or maintain OPM- 5U.S.C. § 3311 made clear in section 1.110 that nothing in like retention registers but instead provide a (c) When experience is a factor in deter- this section shall relieve an employing office framework for determining groups of ‘‘com- mining eligibility, OPM shall credit a pref- of any greater obligation it may have pursu- peting employees’’ for purposes of applying erence eligible with: ant to the ADA. retention preferences as mandated by 5 (1) Time spent in the military service (i) as SUBPART D—VETERAN’S PREFERENCE IN U.S.C. § 3502(c). In this respect, the Board has an extension of time spent in the position in REDUCTIONS IN FORCE determined that several of the terms in the which he was employed immediately before 1.111 Definitions applicable in reductions OPM regulations may be used to implement his entrance into the military service, or (ii) in force. This section provides definitions of the concept of ‘‘competing employees’’ in the on the basis of actual duties performed in several terms used in the regulations apply- Legislative Branch without imposing Execu- the military service, or (iii) as a combina- ing veterans’ preference principles in the tive Branch personnel practices or systems: tion of both methods. OPM shall credit time context of reductions in force. Unless clearly generally, ‘‘competing covered employees’’ spent in the military service according to stated otherwise, the general definitions in are the covered employees within a par- the method that will be of most benefit to proposed regulation 1.102 continue to apply ticular ‘‘position classification or job classi- the preference eligible. in the context of reductions in force. For ex- fication,’’ at or within a particular ‘‘com- (2) All valuable experience, including expe- ample, as used in the proposed reduction in petitive area’’. rience gained in religious, civic, welfare, force regulations, the term ‘‘covered em- The definition of ‘‘position classification service, and organizational activities, re- ployee’’ excludes employees whose appoint- or job classification’’ is derived from OPM’s gardless of whether pay was received there- ment is made by a Member of Congress or by basic definition of ‘‘competitive level’’ in 5 for. a committee or subcommittee of either CFR § 351.403(a)(1). The remaining regula- 5 CFR § 337.101(c). Section 1.109 does not re- House of Congress or a joint committee of tions in 5 CFR § 351.403(a)(2)–(4), (b)(1)–(5) and quire an employing office to consider experi- the House of Representatives and the Senate (c)(1)–(4) prescribe the manner in which an ence as an element of qualification, but only and other employees excluded under the pro- Executive Branch agency may determine a requires that preference eligibles be afforded posed regulation 1.202(f). The term ‘‘reduc- covered employee’s competitive level. While credit for certain experience if the employ- tion in force’’ has been defined to encompass some of these rules could be adopted in the ing office chooses to do so. Also, section 1.109 actions that result in termination of employ- Legislative Branch, others are clearly inap- does not preclude an employing office from ment, reductions in grade or demotions ex- plicable. The Board has decided not to adopt

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2269 these portions of the OPM regulations in gesting that an employee should be able to Federal courts have interpreted the order to provide employing offices with a perform or ‘‘complete’’ required work within present statutory language of section 3502(c) great amount of flexibility in determining 90 days of being placed in the position, and as providing preference eligible employees an employee’s ‘‘position classification or job the Board considers this time period to be with an ‘‘absolute preference,’’ although classification’’. This is in keeping with our appropriate in the Legislative Branch as only within the confines of their competing understanding that the personnel systems well. For example, this protection against group. Dodd v. TWA, 770 F. 2d 1038, 1041 (Fed. used by employing offices within the Legis- ‘‘undue interruption’’ would apply if a pref- Cir. 1985); see also McKee v. TWA, 1999 LEXIS lative Branch vary significantly from those erence eligible would have to complete a 25663 at *5 (Fed. Cir. 1999) (unpublished). Ad- used in the Executive Branch. This flexi- training program of more than 90 days in ditionally, the source of this key language in bility is, of course, subject to the under- order to safely and efficiently perform the § 3502(c), the Veterans’ Preference Act of 1944 standing that such determinations may not covered position to which he or she would (in turn deriving from a series of historical be manipulated in order to avoid the employ- otherwise be transferred as a result of a RIF. statutes and executive orders, commencing ing office’s obligations under the VEOA. Finally, we note that, since ‘‘undue interrup- in 1865), and the legislative history of this The definition of ‘‘competitive area’’ more tion’’ is an affirmative defense, an employ- Act indicate that the section 3502(c) prede- closely tracks OPM’s definition of the same ing office has the burden of raising it and cessor language was considered the ‘‘heart of term in 5 CFR § 351.402. We note that the proving that an employee may not perform the section’’. Hilton v. Sullivan, 334 U.S. 323, OPM regulations define ‘‘competitive area’’ work without ‘‘undue interruption’’ by ob- 338 (1948). To this effect, courts have inter- in terms of an agency’s ‘‘organizational jectively quantifiable evidence. preted § 3502(c) (or its predecessor under the Veterans’ Preference Act of 1944) as over- units’’ and ‘‘geographical locations’’. The 1.112 Application of reductions in force to riding such factors as length of service when Board is not adopting OPM definitions or de- veterans’ preference eligibles. The crux of considering retention standing. Hilton v. Sul- scriptions of these terms, but will allow em- this regulation derives from 5 U.S.C. § 3502(c), livan, 334 U.S. at 335, 336, 339 (noting that ploying offices flexibility in applying these which provides: ‘‘Congress passed the bill with full knowl- concepts to their own organizational struc- An employee who is entitled to retention edge that the long standing absolute reten- ture. The Board has retained the OPM re- preference and whose performance has not tion preference of veterans would be em- quirement that the minimum competitive been rated unacceptable under a perform- bodied in the Act;’’ Elder v. Brannan, 341 U.S. area be a department or subdivision ‘‘under ance appraisal system implemented under 277, 285 (1951). Thus, courts have interpreted separate administration.’’ In this respect, chapter 43 of this title is entitled to be re- section 3502(c) as requiring preference to be ‘‘separate administration’’ is not considered tained in preference to other competing em- given to a minimally qualified preference el- to require that the administration of a pro- ployees. (Emphasis added.) igible, within his or her competing group, re- posed competitive area has final authority to This provision is the statutory lynchpin gardless of the preference eligible’s length of hire and fire but that it has the authority to underlying veterans’ preferences in RIF’s. service or performance in comparison to administer the day to day operations of the The statutory language in section 3502(c) non-preference eligibles. department or subdivision in question. above in effect requires the employing office To follow this clear statutory directive, The OPM regulations incorporate the term to terminate covered employees subject to a the Board has decided that veterans’ pref- ‘‘tenure’’ in their definition of ‘‘competitive RIF in inverse order of their veterans’ pref- erence shall be the ‘‘controlling’’ factor (pro- group.’’ We have used the term in our defini- erence status, within the appropriate group vided that the covered employee’s perform- tion of ‘‘position classification or job classi- of covered employees with similar jobs, so ance was not rated unacceptable), in an em- fication’’ because the statutory language in 5 long as the employees’ performance has not ployment decision taken within ‘‘position or U.S.C. § 3502 identifies ‘‘tenure’’ as a factor been rated unacceptable. Under section job classifications’’ in ‘‘competitive areas,’’ that will override veterans’ preference in de- 3502(c), a preference eligible covered em- as discussed in the Comments to section 1.111 termining employee retention in a reduction ployee (without an unacceptable perform- of these proposed regulations, regardless of in force. However, we have not adopted ance appraisal) must be retained in pref- such factors as length of service or perform- OPM’s definition of tenure, as it is tied to erence to non-preference eligibles—even if ance or efficiency ratings. Restricting the Executive Branch service classifications that the other covered employees in the group in veterans’ preference to RIF’s taken within do not exist in the Legislative Branch. See 5 fact have greater length of service or more ‘‘position or job classifications’’ in ‘‘com- CFR 351.501. Instead, the use of the term favorable performance evaluations. petitive areas’’ provides important limita- ‘‘tenure’’ in these definitions refers only to A separate provision in 5 U.S.C. § 3502(a) re- tions on the scope of the preference ac- the type of appointment. For example, an quires Executive Branch agencies to give corded. As noted above, the preference eligi- employing office may choose to make ‘‘ten- ‘‘due effect’’ to four factors: tenure, vet- ble does not normally compete for retention ure’’ distinctions between permanent and erans’’ preference, length of service, and per- against all covered employees of an employ- ing office; the definitional terms in section temporary employees, probationary and non- formance or efficiency evaluations. OPM has 1.111 restrict the scope of competition only probationary employees, etc. By referring to promulgated regulations addressing these to covered employees in similar occupational ‘‘permanent’’ positions, we are referring to four factors, but which also incorporate the groupings (with the further qualification jobs that are not limited in advance to a spe- concept that, within the group of employees that the preference eligible must perform cific temporal duration. Nothing in these competing for retention, appropriate vet- the position in question without ‘‘undue Comments and Regulations is intended to eran’s preference status is a factor that may interruption’’(see discussion regarding sec- address the ‘‘at-will’’ status of any covered override other factors such as length of serv- tion 1.111 of these proposed regulations)); in position. ice and performance or efficiency evalua- certain facilities involved; and with similar The Chief Counsel for the Senate noted, in tions. (‘‘Tenure,’’ as discussed below, is ‘‘tenure,’’ or employment status (such as, for her Comments to the prior proposed regula- factored in to the group of employees within example, whether the employee is a perma- tions, that the Senate does not employ the which employees compete for retention dur- nent or probationary employee). Note that concept of ‘‘tenure.’’ If an employing office ing a RIF.) OPM regulations incorporate the concept of chooses not to make such distinctions, noth- Case law has also made abundantly clear ‘‘tenure’’ into the definition of ‘‘competing ing in these regulations requires it to do so. that section 3502(c) requires that this pref- group’’; covered employees only compete for If the office does, that is one of the factors erence eligible status ‘‘trumps’’ the ‘‘due ef- retention against co-workers of the same in the constitution of the ‘‘position classi- fect’’ given to length of service and perform- tenure type. As noted in the Comments to fications or job classifications’’. Again, the ance. Courts have interpreted the separate section 1.111 of these proposed regulations, Board notes that an employing office should requirement under section 3502(a) to give employing offices may or may not incor- not manipulate the creation of tenure so as ‘‘due effect’’ to these four enumerated fac- porate the concept of ‘‘tenure,’’ and may to avoid its obligations under the VEOA. tors as being relevant to retention deter- choose not to make such distinctions as per- We have also included a definition of minations between two preference eligibles, manent, temporary, or probationary employ- ‘‘undue interruption’’ that is taken directly or between two non-preference eligibles—and ees. Nothing in these proposed regulations from the definition of the same term in the not relevant to retention determinations be- requires employing offices to adopt such dis- OPM regulations, 5 CFR § 351.203. The term is tween a preference eligible and a non-pref- tinctions. used in determining whether various jobs erence eligible. Hilton v. Sullivan, 334 U.S. Another qualification on the veterans’ should be included within the same ‘‘position 323, 335, 336 (1948). The Board has chosen not preference as a ‘‘controlling factor’’ is that classification’’ or ‘‘job classification,’’ and is to explicitly require that length of service or the preference eligible employee’s perform- meant to strike a balance between the inter- performance or efficiency evaluations be ance must not have been rated ‘‘unaccept- ests of employing offices in retaining em- taken into account during RIF’s—only that, able.’’ While 5 U.S.C. § 3502(c) contains a ref- ployees who will be able to perform the jobs if they are, veterans’ preference remains the erence to performance appraisal systems im- remaining after a reduction in force, and the controlling factor in making retention deci- plemented under 5 U.S.C. § 4301 et seq., we interests of preference eligibles whose jobs sions within ‘‘position or job classifications’’ are not requiring employing offices to imple- are being eliminated in remaining employed. in a competitive area (assuming other appro- ment a performance appraisal system fol- OPM struck this balance by generally sug- priate requirements are also met). lowing 5 U.S.C. § 4301 et seq. An employing

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2270 CONGRESSIONAL RECORD—SENATE February 15, 2005 office may continue to use its own methods ploying office of any greater obligation it et seq., 5 CFR § 297.101 et seq., and 5 CFR for evaluating covered employees and ap- may have pursuant to the Americans with § 351.505(b)), or to examining or evaluating praising performance, and need not adopt Disabilities Act (42 U.S.C. § 12101 et seq.) as applicants on a 100-point scale, seeking prior any formal policy regarding performance ap- applied by section 102(a)(3) of the CAA, 2 OPM approval of RIF’s, etc. praisal. However, the Board notes that em- U.S.C. § 1302(a)(3). Section 1.116 Adoption of veterans’ pref- ploying offices should not manipulate per- 1.116 Transfer of functions. The language erence policy. As noted at the outset of these formance appraisals or evaluations so as to in this section derives from 5 U.S.C. § 3503, Comments, the regulations will require each avoid obligations under the VEOA. one of the sections made applicable to the employing office that employs one or more Another significant qualification on this Legislative Branch by the VEOA, requiring covered employees or seeks applicants for regulation is that it only governs retention covered employees to be transferred to an- covered positions to develop, within 120 days decisions in so far as they affect preference other employing office in the event of a of the Congressional approval of the regula- eligible covered employees. In no way does it transfer of functions from one employing of- tions, a written program or policy setting govern decisions that do not affect pref- fice to the other, or in the event of the re- forth that employing office’s methods for erence eligible covered employees; in such placement of one employing office by an- implementing the VEOA’s veterans’ pref- cases, an employing office is free to make other employing office. The Board expects erence principles in the employing office’s whatever determinations it so chooses, pro- that employing offices shall coordinate any hiring and retention systems. Employing of- vided that these determinations are con- such transfers in a way that respects both fices that have no employees covered by the sistent with any other applicable law, and the requirements of this regulation and, to VEOA are not required to adopt such a pol- are not used to avoid responsibilities im- the greatest extent possible, the employing icy or program. posed by the VEOA. (Of course, an employing offices’ own personnel systems and policies. Because these regulations afford the em- office with covered employees must dissemi- This section is one of the rare instances ploying offices a great amount of flexibility nate information regarding its VEOA policy where an employing office must follow the in determining how to implement veterans’ to covered employees, so as to allow for self- regulation even in the event that the per- preference within their own personnel sys- identification of preference eligibles. Fur- sonnel action taken does not involve any tems, it is imperative that the methods cho- thermore, the notice required by section preference eligible covered employees; how- sen by the employing offices be reduced to 1.120 of these regulations will allow covered ever, the clear statutory language of 5 U.S.C. writing and disseminated to covered appli- employees who have not been identified as § 3503 requires such a result. cants and employees. This will further the preference eligibles to assert that status be- Employees and employing offices are re- goals of accountability and transparency, as fore the RIF becomes effective.) Nor does the minded that the definition of ‘‘covered em- well as consistency in the application of the regulation require the keeping of formal re- ployee’’ in these proposed regulations does employing office’s veterans’ preference pro- tention registers, as OPM (and these regula- not include employees appointed by a Mem- cedures. An existing policy may be amended tions, as initially proposed) generally re- ber of Congress, a committee or sub- or replaced by the employing office from quires. However, an employing office must committee of either House of Congress, or a time to time, as it deems necessary or appro- preserve any records kept or made regarding joint committee of the House of Representa- priate to meet changing personnel practices these retention decisions, as detailed in Sub- tives and the Senate. See proposed regulation and needs. We note, however, that the em- part E of these proposed regulations. 1.102(f)(bb). Therefore, proposed regulation ploying office’s policy or program will at all Note also that the Board has included the 1.116 will not apply to any such employees times remain subject to the requirements of provision that a preference eligible covered affected by the election of new Members of the VEOA and these regulations. Accord- employee who is a ‘‘disabled veteran’’ under Congress or the transfer of jurisdiction from ingly, while the adoption of a policy or pro- section 1.102(h) above, who has a compen- one committee to another. gram will demonstrate the employing of- sable service-connected disability of 30 per- SUBPART E: ADOPTION OF VETERANS’ PREF- fice’s efforts to comply with the VEOA, it cent or more, and whose performance has not ERENCE POLICIES, RECORDKEEPING & INFOR- will not relieve an employing office of sub- been rated unacceptable by an employing of- MATIONAL REQUIREMENTS stantive compliance with the VEOA. fice is entitled to be retained in preference We note that, of the six sections in this to other preference eligibles. This provision Subpart, only section 1.120 derives directly Sections 1.117 Preservation of records kept derives from 5 U.S.C. § 3502(b), which provides from statutory language. The other sections or made. The requirements set forth in this a higher level of preference to certain dis- are borrowed from various other employ- section are derived from OPM regulations re- abled preference eligibles with regard to ment statutes, and are promulgated pursu- garding retention of RIF records, 5 CFR other preference eligibles. ant to the authority granted the Board by § 351.505, and EEOC regulations regarding the Finally, the Board notes that this section section 4(c)(4)(A) of the VEOA because they preservation of personnel and employment does not relieve an employing office of any are considered necessary to the implementa- records kept or made by employers, 29 CFR greater obligation it may be subject to pur- tion of the VEOA. For example, the informa- § 1602.14. This section requires that relevant suant to the Worker Adjustment and Re- tional regulations in sections 1.120 and 1.121 records be retained for one year from the training Notification Act (29 U.S.C. § 2101 et are derived from informational regulations date of the making of the record or the date seq.) as applied by section 102(a)(9) of the promulgated under the Family and Medical of the personnel action involved or, if later, CAA, 2 U.S.C. § 1302(a)(9), which would of Leave Act, which provides employers with one year from the date on which the appli- course apply to all employees covered by the some flexibility in determining how the cant or employee is notified of the personnel CAA, not only to preference eligible employ- FMLA will be implemented within their own action. In addition, where a claim has been ees covered by the VEOA. workforce. The Board is strongly committed brought under section 401 of the CAA against 1.113 Crediting experience in reductions in to transparency as a policy matter. More- an employing office under the VEOA, the re- force. This section closely follows 5 U.S.C. over, for the VEOA rights to become mean- spondent employing office must preserve all § 3502(a), one of the sections made applicable ingful, applicants for covered positions and personnel records relevant to the claim until to the Legislative Branch by the VEOA, re- covered employees will have to participate final disposition of the claim. quiring the employing office to provide pref- in ensuring that this system works properly, Section 1.118 Dissemination of veterans’ erence eligible covered employees with cred- since employing offices are permitted to preference policies to applicants for covered it for certain specified forms of prior service have flexibility in determining their policies, positions. Section 1.118 requires that employ- as the office calculates ‘‘length of service’’ in and the Board will not be taking the same ing offices must furnish information to ap- the context of a RIF. This provision in no active role in policing the veterans’ pref- plicants for covered positions before appoint- way requires an employing office to utilize erence requirements that OPM takes in the ment decisions are made. Before these deci- ‘‘length of service’’ as a factor in its reten- Executive Branch. sions are made, it is important that appli- tion decisions regarding employees in the We also note that while this approach dif- cants be given the opportunity to self-iden- event that the RIF decision does not impact fers from OPM’s, it reflects the far greater tify themselves as preference eligibles, and any preference eligible covered employees. flexibility that employing offices have to that they receive information regarding the 1.114 Waiver of physical requirements—re- tailor substantive requirements to their ex- employing office’s policies and procedures tention. This provision closely follows 5 isting personnel systems and imposes less for implementing the VEOA, in order to en- U.S.C. § 3504, one of the sections made appli- burdensome obligations on employing offices sure that they are aware of the VEOA obliga- cable to the Legislative Branch by the than that which is imposed on executive tions that may apply to their situation. Ac- VEOA, requiring that, when making deci- agencies: under our regulatory approach, em- cordingly, the regulations require that infor- sions regarding employee retention during a ploying offices will have reduced procedural mation regarding the employing office’s poli- RIF, an employing office must waive phys- burdens in that they will not be subject to cies and procedures for implementing the ical requirements for a job for preference eli- the more detailed requirements of keeping VEOA in appointments be furnished to appli- gibles in certain specified circumstances. As formal retention registers, to the more high- cants at various stages when the employing discussed in the Comments to section 1.110, ly regulated requirements regarding em- office is hiring into covered positions. We nothing in this regulation relieves an em- ployee access to files (see e.g., 5 CFR § 293.101 note that inviting applicants to voluntarily

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2271 self-identify as a disabled veteran for pur- ployees who will be adversely affected by a (b) Active duty or active military duty poses of the application of an employing of- reduction in force with advance notice of means full-time duty with military pay and fice’s veterans’ preference policies, as out- how and why the agency decided to subject allowances in the armed forces, except (1) for lined in the proposed regulation, is con- that particular employee to the reduction in training or for determining physical fitness sistent with the EEOC’s ADA Enforcement force. At a minimum, this includes whether and (2) for service in the Reserves or Na- Guidance: Preemployment Disability-Related the affected employee has preference eligible tional Guard. Questions and Medical Examinations (EEOC status, and an objective indication why the (c) Appointment means an individual’s ap- Oct. 10, 1995). employee was not retained in relation to pointment to employment in a covered posi- This requirement does not prevent an em- other employees in the affected position tion, but does not include inservice place- ploying office from appropriately modifying classifications or job classifications. ment actions such as promotions. its veterans’ preference policies when it sees Section 1.121 Informational requirements (d) Armed forces means the United States fit to do so, but is intended to ensure that regarding veterans’ preference determina- Army, Navy, Air Force, Marine Corps, and applicants will be made aware of the employ- tions. Once an appointment or reduction in Coast Guard. ing office’s then-current policies and proce- force decision has been made, it is important (e) Board means the Board of Directors of dures. The requirement that an employing that applicants for covered positions and the Office of Compliance. covered employees receive information re- office allow applicants a ‘‘reasonable time’’ (f) Covered employee means any employee garding the employing office’s decision, in to provide information regarding their vet- of (1) the House of Representatives; (2) the order to ensure that the rights and obliga- erans’ preference status is intentionally Senate; (3) the Capitol Guide Board; (4) the tions created by the VEOA may be effec- flexible. If an employing office must fill a Capitol Police Board; (5) the Congressional tively enforced under the CAA as con- covered position within a matter of days, one Budget Office; (6) the Office of the Architect templated by section 4(c)(3)(B) of the VEOA. working day may be a ‘‘reasonable time’’ for of the Capitol; (7) the Office of the Attending Accordingly, section 1.121 of the regulations submission of the information. However, if Physician; and (8) the Office of Compliance, requires that certain limited information re- the employing office’s appointment process but does not include an employee (aa) whose garding the employing office’s decision be is more prolonged, more time should be al- made available to applicants for covered po- appointment is made by the President with lowed. sitions and to covered employees, upon re- the advice and consent of the Senate; (bb) Sections 1.119 and 1.120 Dissemination of quest. whose appointment is made by a Member of information of veterans’ preference policies Congress or by a committee or sub- to covered employees, and notice require- Proposed Substantive Regulations committee of either House of Congress or a ments applicable in RIFs. It is also impor- PART 1—Extension of Rights and Protec- joint committee of the House of Representa- tant that covered employees receive infor- tions Relating to Veterans’ Preference Under tives and the Senate; or (cc) who is ap- mation regarding the employing office’s poli- Title 5, United States Code, to Covered Em- pointed to a position, the duties of which are cies and procedures for implementing the ployees of the Legislative Branch (section equivalent to those of a Senior Executive VEOA in connection with RIFs, in order to 4(c) of the Veterans Employment Opportuni- Service position (within the meaning of sec- ensure that they are aware of the VEOA obli- ties Act of 1998) tion 3132(a)(2) of title 5, United States Code). gations that may apply to that situation. SUBPART A—MATTERS OF GENERAL APPLICA- The term covered employee includes an ap- Accordingly, section 1.119 requires that in- BILITY TO ALL REGULATIONS PROMULGATED plicant for employment in a covered position formation regarding the employing office’s UNDER SECTION 4 OF THE VEOA and a former covered employee. policies and procedures for implementing the Sec. (g) Covered position means any position VEOA in appointments be disseminated 1.101 Purpose and scope. that is or will be held by a covered employee. through employee handbooks, if the employ- 1.102 Definitions. (h) Disabled veteran means a person who ing office has covered employees and ordi- 1.103 Adoption of regulations. was separated under honorable conditions narily distributes such handbooks to those 1.105 Coordination with section 225 of the from active duty in the armed forces per- employees, or through any other written pol- Congressional Accountability Act. formed at any time and who has established icy or manual that the employing office may SEC. 1.101 PURPOSE AND SCOPE the present existence of a service-connected distribute to covered employees concerning (a) Section 4(c) of the VEOA. The Veterans disability or is receiving compensation, dis- their employee rights or reductions in force. Employment Opportunities Act (VEOA) ap- ability retirement benefits, or pensions be- The notice requirements attendant to a plies the rights and protections of sections cause of a public statute administered by the RIF are set out separately in section 1.120 of 2108, 3309 through 3312, and subchapter I of Department of Veterans Affairs or a military the regulations. These regulations derive chapter 35 of title 5 U.S.C., to certain cov- department. from the express statutory language in 5 ered employees within the Legislative (i) Employee of the Office of the Architect USC § 3502(d) and (e), which have been applied Branch. of the Capitol includes any employee of the to the Legislative Branch by the VEOA. The (b) Purpose and scope of regulations. The Office of the Architect of the Capitol, the Bo- language of section 3502(d) and (e) has been regulations set forth herein are the sub- tanic Gardens, or the Senate Restaurants. modified in section 1.120 to be consistent stantive regulations that the Board of Direc- (j) Employee of the Capitol Police Board with the terms and approach used in the rest tors of the Office of Compliance has promul- includes any member or officer of the Cap- of these regulations. Among other changes, gated pursuant to section 4(c)(4) of the itol police. section 1.120 refers to ‘‘covered employees’’ VEOA, in accordance with the rulemaking (k) Employee of the House of Representa- and the provision in 5 U.S.C. § 3502(e) that the procedure set forth in section 304 of the CAA tives includes an individual occupying a po- ‘‘President’’ may shorten the 60 day advance (2 U.S.C. § 1384). The purpose of subparts B, C sition the pay of which is disbursed by the notice period to 30 days has been changed to and D of these regulations is to define vet- Clerk of the House of Representatives, or an- the ‘‘director of the employing agency.’’ Ad- erans’ preference and the administration of other official designated by the House of ditionally, the provision regarding Job veterans’ preference as applicable to Federal Representatives, or any employment posi- Training Partnership Act notice has been employment in the Legislative Branch. (5 tion in an entity that is paid with funds de- omitted. The requirement to inform the em- U.S.C. § 2108, as applied by the VEOA). The rived from the clerk-hire allowance of the ployee of the place where he or she may in- purpose of subpart E of these regulations is House of Representatives but not any such spect regulations and records pertaining to to ensure that the principles of the veterans’ individual employed by any entity listed in this case derives from 5 CFR § 351.802(a)(3). preference laws are integrated into the exist- subparagraphs (3) through (8) of paragraph (f) The statutory language requiring notice of ing employment and retention policies and above nor any individual described in sub- ‘‘the employee’s ranking relative to other processes of those employing offices with paragraphs (aa) through (cc) of paragraph (f) competing employees, and how that ranking employees covered by the VEOA, and to pro- above. was determined’’ has been modified to re- vide for transparency in the application of (l) Employee of the Senate includes any quire that the notice state whether the cov- veterans’ preference in covered appointment employee whose pay is disbursed by the Sec- ered employee is preference eligible and that and retention decisions. Provided, nothing in retary of the Senate, but not any such indi- the notice separately state the ‘‘retention these regulations shall be construed so as to vidual employed by any entity listed in sub- status’’ (i.e., whether the employee will be require an employing office to reduce any ex- paragraphs (3) through (8) of paragraph (f) retained or not) and preference eligibility of isting veterans’ preference rights and protec- above nor any individual described in sub- the other covered employees in the same job tions that it may afford to preference eligi- paragraphs (aa) through (cc) of paragraph (f) or position classification within the covered ble individuals. above. employee’s competitive area. The Board is SEC. 1.102 DEFINITIONS (m) Employing office means: (1) the per- not requiring the keeping of retention reg- Except as otherwise provided in these regu- sonal office of a Member of the House of Rep- isters or the ranking of employees within a lations, as used in these regulations: resentatives or of a Senator; (2) a committee job or position classification affected by a (a) Act or CAA means the Congressional of the House of Representatives or the Sen- RIF. However, the statutory language clear- Accountability Act of 1995, as amended (Pub. ate or a joint committee; (3) any other office ly compels employing offices to provide em- L. 104–1, 109 Stat. 3, 2 U.S.C. § § 1301–1438). headed by a person with the final authority

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The provisions of section Representatives or the Senate; or (4) the thority underlying OPM’s counterpart VEOA 1.108 shall apply to the appointment of a Capitol Guide Board, the Congressional regulations governing the Executive Branch. preference eligible to a restricted covered po- Budget Office, the Office of the Architect of OPM’s regulations are designed for the com- sition, in the event that there is more than the Capitol, the Office of the Attending Phy- petitive service (defined in 5 U.S.C. one preference eligible applicant for the posi- sician, and the Office of Compliance. § 2102(a)(2)), which does not exist in the em- tion. (n) Office means the Office of Compliance. ploying offices subject to this regulation. Custodian—One whose primary duty is the (o) Preference eligible means veterans, Therefore, to follow the OPM regulations performance of cleaning or other ordinary spouses, widows, widowers or mothers who would create detailed and complex rules and routine maintenance duties in or about a meet the definition of ‘‘preference eligible’’ procedures for a workforce that does not government building or a building under in 5 U.S.C. § 2108(3)(A)–(G). exist in the Legislative Branch, while pro- Federal control, park, monument, or other (p) Qualified applicant means an applicant viding no VEOA protections to the covered Federal reservation. for a covered position whom an employing Legislative Branch employees. We have cho- Elevator operator—One whose primary office deems to satisfy the requisite min- sen to propose specially tailored regulations, duty is the running of freight or passenger imum job-related requirements of the posi- rather than simply to adopt those promul- elevators. The work includes opening and tion. Where the employing office uses an en- gated by OPM, so that we may effectuate closing elevator gates and doors, working el- trance examination or evaluation for a cov- Congress’ intent in extending the principles evator controls, loading and unloading the ered position that is numerically scored, the of the veterans’ preference laws to the Legis- elevator, giving information and directions term ‘‘qualified applicant’’ shall mean that lative Branch through the VEOA. to passengers such as on the location of of- the applicant has received a passing score on fices, and reporting problems in running the SEC. 1.104 COORDINATION WITH SECTION 225 OF the examination or evaluation. elevator. THE CONGRESSIONAL ACCOUNTABILITY ACT (q) Separated under honorable conditions Guard—One who is assigned to a station, means either an honorable or a general dis- Statutory directive. Section 4(c)(4)(D) of beat, or patrol area in a Federal building or charge from the armed forces. The Depart- the VEOA requires that promulgated regula- a building under Federal control to prevent ment of Defense is responsible for admin- tions must be consistent with section 225 of illegal entry of persons or property; or re- istering and defining military discharges. the CAA. Among the relevant provisions of quired to stand watch at or to patrol a Fed- (r) Uniformed services means the armed section 225 are subsection (f)(1), which pre- eral reservation, industrial area, or other forces, the commissioned corps of the Public scribes as a rule of construction that defini- area designated by Federal authority, in Health Service, and the commissioned corps tions and exemptions in the laws made appli- order to protect life and property; make ob- of the National Oceanic and Atmospheric Ad- cable by the CAA shall apply under the CAA, servations for detection of fire, trespass, un- ministration. and subsection (f)(3), which states that the authorized removal of public property or (s) VEOA means the Veterans Employment CAA shall not be considered to authorize en- hazards to Federal personnel or property. Opportunities Act of 1998 (Pub. L. 105–339, 112 forcement of the CAA by the Executive The term guard does not include law enforce- Stat. 3182). Branch. ment officer positions of the U.S. Capitol Po- (t) Veteran means persons as defined in 5 SUBPART B—VETERANS’ PREFERENCE— lice Board. U.S.C. § 2108, or any superseding legislation. GENERAL PROVISIONS Messenger—One whose primary duty is the SEC. 1.103 ADOPTION OF REGULATIONS Sec. supervision or performance of general mes- senger work (such as running errands, deliv- (a) Adoption of regulations. Section 1.105 Responsibility for administration of ering messages, and answering call bells). 4(c)(4)(A) of the VEOA generally authorizes veterans’ preference. the Board to issue regulations to implement 1.106 Procedures for bringing claims under SEC. 1.108 VETERANS’ PREFERENCE IN APPOINT- section 4(c). In addition, section 4(c)(4)(B) of the VEOA. MENTS TO NON-RESTRICTED COVERED POSI- TIONS the VEOA directs the Board to promulgate SEC. 1.105 RESPONSIBILITY FOR ADMINISTRATION regulations that are ‘‘the same as the most OF VETERANS’ PREFERENCE (a) Where employing offices opt to examine and rate applicants for covered positions on relevant substantive regulations (applicable Subject to Section 1.106, employing offices a numerical basis they shall add points to with respect to the Executive Branch) pro- are responsible for making all veterans’ pref- the earned ratings of those preference eligi- mulgated to implement the statutory provi- erence determinations, consistent with the bles who receive passing scores in an en- sions referred to in paragraph (3)’’ of section VEOA. 4(c) of the VEOA. Those statutory provisions trance examination, in a manner that is pro- are section 2108, sections 3309 through 3312, SEC. 1.106 PROCEDURES FOR BRINGING CLAIMS portionately comparable to the points pre- and subchapter I of chapter 35, of title 5, UNDER THE VEOA scribed in 5 U.S.C. § 3309. United States Code. The regulations issued Applicants for appointment to a covered (b) In all other situations involving ap- by the Board herein are on all matters for position and covered employees may contest pointment to a covered position, employing which section 4(c)(4)(B) of the VEOA requires adverse veterans’ preference determinations, offices shall consider veterans’ preference a regulation to be issued. Specifically, it is including any determination that a pref- eligibility as an affirmative factor that is the Board’s considered judgment based on erence eligible is not a qualified applicant, given weight in a manner that is proportion- the information available to it at the time of pursuant to sections 401–416 of the CAA, 2 ately comparable to the points prescribed in promulgation of these regulations, that, U.S.C. §§ 1401–1416, and provisions of law re- 5 U.S.C. § 3309 in the employing office’s deter- with the exception of the regulations adopt- ferred to therein; 206a(3) of the CAA, 2 U.S.C. mination of who will be appointed from ed and set forth herein, there are no other §§ 1401, 1316a(3); and the Office’s Procedural among qualified applicants. ‘‘substantive regulations (applicable with re- Rules. SEC. 1.109 CREDITING EXPERIENCE IN spect to the Executive Branch) promulgated SUBPART C—VETERANS’ PREFERENCE IN APPOINTMENTS TO COVERED POSITIONS to implement the statutory provisions re- APPOINTMENTS When considering applicants for covered ferred to in paragraph (3)’’ of section 4(c) of Sec. positions in which experience is an element the VEOA that need be adopted. 1.107 Veterans’ preference in appointments of qualification, employing offices shall pro- (b) Modification of substantive regula- to restricted covered positions. vide preference eligibles with credit: tions. As a qualification to the statutory ob- 1.108 Veterans’ preference in appointments (a) for time spent in the military service ligation to issue regulations that are ‘‘the to non-restricted covered positions. (1) as an extension of time spent in the posi- same as the most substantive regulations 1.109 Crediting experience in appointments tion in which the applicant was employed (applicable with respect to the Executive to covered positions. immediately before his/her entrance into the Branch),’’ section 4(c)(4)(B) of the VEOA au- 1.110 waiver of physical requirements in ap- military service, or (2) on the basis of actual thorizes the Board to ‘‘determine, for good pointments to covered positions duties performed in the military service, or cause shown and stated together with the (3) as a combination of both methods. Em- regulation, that a modification of such regu- SEC. 1.107 VETERANS’ PREFERENCE IN ploying offices shall credit time spent in the lations would be more effective for the im- APPOINTMENTS TO RESTRICTED POSITIONS military service according to the method plementation of the rights and protections In each appointment action for the posi- that will be of most benefit to the preference under’’ section 4(c) of the VEOA. tions of custodian, elevator operator, guard, eligible. (c) Rationale for Departure from the Most and messenger (as defined below and collec- (b) for all experience material to the posi- Relevant Executive Branch Regulations. The tively referred to in these regulations as re- tion for which the applicant is being consid- Board concludes that it must promulgate stricted covered positions) employing offices ered, including experience gained in reli- regulations accommodating the human re- shall restrict competition to preference eli- gious, civic, welfare, service, and organiza- source systems existing in the Legislative gibles as long as preference eligibles are tional activities, regardless of whether he/ Branch; and that such regulations must take available. The provisions of sections 1.109 she received pay therefor.

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SEC. 1.110 WAIVER OF PHYSICAL REQUIREMENTS (c) Position classifications or job classi- ing ‘‘undue interruption’’ by objectively IN APPOINTMENTS TO COVERED POSITIONS fications are determined by the employing quantifiable evidence. (a) Subject to (c) below, if an employing of- office, and shall refer to all covered positions SEC. 1.112 APPLICATION OF PREFERENCE IN fice determines, on the basis of evidence be- within a competitive area that are in the REDUCTIONS IN FORCE fore it, that an applicant for a covered posi- same grade, occupational level or classifica- Prior to carrying out a reduction in force tion is preference eligible, the employing of- tion, and which are similar enough in duties, that will affect covered employees, employ- fice shall waive in determining whether the qualification requirements, pay schedules, ing offices shall determine which, if any, preference eligible applicant is qualified for tenure (type of appointment) and working covered employees within a particular group appointment to the position: conditions so that an employing office may of competing covered employees are entitled (1) requirements as to age, height, and reassign the incumbent of one position to to veterans’ preference eligibility status in weight, unless the requirement is essential any of the other positions in the position accordance with these regulations. In deter- to the performance of the duties of the posi- classification without undue interruption. mining which covered employees will be re- tion; and (d) Preference Eligibles. For the purpose of tained, employing offices will treat veterans’ (2) physical requirements if, in the opinion applying veterans’ preference in reductions preference as the controlling factor in reten- of the employing office, on the basis of evi- in force, except with respect to the applica- tion decisions among such competing cov- dence before it, including any recommenda- tion of section 1.114 of these regulations re- ered employees, regardless of length of serv- tion of an accredited physician submitted by garding the waiver of physical requirements, ice or performance, provided that the pref- the preference eligible, the preference eligi- the following shall apply: erence eligible employee’s performance has ble is physically able to perform efficiently (1) ‘‘active service’’ has the meaning given not been rated unacceptable. Provided, a the duties of the position; it by section 101 of title 37; preference eligible who is a ‘‘disabled vet- (b) Subject to (c) below, if an employing of- (2) ‘‘a retired member of a uniformed serv- eran’’ under section 1.102(h) above who has a fice determines that, on the basis of evidence ice’’ means a member or former member of a compensable service-connected disability of before it, an otherwise qualified applicant uniformed service who is entitled, under 30 percent or more and whose performance who is a preference eligible described in 5 statute, to retired, retirement, or retainer has not been rated unacceptable by an em- U.S.C. § 2108(3)(c) who has a compensable pay on account of his/her service as such a ploying office is entitled to be retained in service-connected disability of 30 percent or member; and preference to other preference eligibles. Pro- more is not able to fulfill the physical re- (3) a preference eligible covered employee vided, this section does not relieve an em- quirements of the covered position, the em- who is a retired member of a uniformed serv- ploying office of any greater obligation it ploying office shall notify the preference eli- ice is considered a preference eligible only may be subject to pursuant to the Worker gible of the reasons for the determination if— Adjustment and Retraining Notification Act and of the right to respond and to submit ad- (A) his/her retirement was based on dis- (29 U.S.C. § 2101 et seq.) as applied by section ditional information to the employing office, ability— 102(a)(9) of the CAA, 2 U.S.C. § 1302(a)(9). within 15 days of the date of the notification. (i) resulting from injury or disease re- SEC. 1.113 CREDITING EXPERIENCE IN Should the preference eligible make a timely ceived in line of duty as a direct result of REDUCTIONS IN FORCE response the employing office, at the highest armed conflict; or level within the employing office, shall In computing length of service in connec- (ii) caused by an instrumentality of war tion with a reduction in force, the employing render a final determination of the physical and incurred in the line of duty during a pe- office shall provide credit to preference eligi- ability of the preference eligible to perform riod of war as defined by sections 101 and 1101 ble covered employees as follows: the duties of the position, taking into ac- of title 38; (a) a preference eligible covered employee count the response and any additional infor- (B) his/her service does not include twenty who is not a retired member of a uniformed mation provided by the preference eligible. or more years of full-time active service, re- service is entitled to credit for the total When the employing office has completed its gardless of when performed but not including length of time in active service in the armed review of the proposed disqualification on periods of active duty for training; or forces; the basis of physical disability, it shall send (C) on November 30, 1964, he/she was em- (b) a preference eligible covered employee its findings to the preference eligible. who is a retired member of a uniformed serv- (c) Nothing in this section shall relieve an ployed in a position to which this subchapter applies and thereafter he/she continued to be ice is entitled to credit for: employing office of any greater obligation it (1) the length of time in active service in may have pursuant to the Americans with so employed without a break in service of more than 30 days. the armed forces during a war, or in a cam- Disabilities Act (42 U.S.C. § 12101 et seq.) as paign or expedition for which a campaign applied by section 102(a)(3) of the CAA, 2 The definition of ‘‘preference eligible’’ as set forth in 5 U.S.C § 2108 and section 1.102(o) badge has been authorized; or U.S.C. § 1302(a)(3). (2) the total length of time in active serv- of these regulations shall apply to waivers of SUBPART D—VETERAN’S PREFERENCE IN ice in the armed forces if he is included physical requirements in determining an em- REDUCTIONS IN FORCE under 5 U.S.C. § 3501(a)(3)(A), (B), or (C); and ployee’s qualifications for retention under (c) a preference eligible covered employee Sec. section 1.114 of these regulations. 1.111 Definitions applicable in reductions in is entitled to credit for: (e) Reduction in force is any termination (1) service rendered as an employee of a force. of a covered employee’s employment or the county committee established pursuant to 1.112 Application of preference in reduc- reduction in pay and/or position grade of a section 8(b) of the Soil Conservation and Al- tions in force. covered employee for more than 30 days and lotment Act or of a committee or association 1.113 Crediting experience in reductions in that may be required for budgetary or work- of producers described in section 10(b) of the force. load reasons, changes resulting from reorga- Agricultural Adjustment Act; and 1.114 Waiver of physical requirements in re- nization, or the need to make room for an (2) service rendered as an employee de- ductions in force. employee with reemployment or restoration scribed in 5 U.S.C. § 2105(c) if such employee 1.115 Transfer of functions. rights. This does not encompass termi- moves or has moved, on or after January 1, SEC. 1.111 DEFINITIONS APPLICABLE IN nations or other personnel actions predi- 1966, without a break in service of more than REDUCTIONS IN FORCE cated upon performance, conduct or other 3 days, from a position in a nonappropriated (a) Competing covered employees are the grounds attributable to an employee. fund instrumentality of the Department of covered employees within a particular posi- (f) Undue interruption is a degree of inter- Defense or the Coast Guard to a position in tion or job classification, at or within a par- ruption that would prevent the completion the Department of Defense or the Coast ticular competitive area, as those terms are of required work by a covered employee 90 Guard, respectively, that is not described in defined below. days after the employee has been placed in a 5 U.S.C. § 2105(c). (b) Competitive area is that portion of the different position under this part. The 90-day SEC. 1.114 WAIVER OF PHYSICAL REQUIREMENTS employing office’s organizational structure, standard should be considered within the al- IN REDUCTIONS IN FORCE as determined by the employing office, in lowable limits of time and quality, taking (a) If an employing office determines, on which covered employees compete for reten- into account the pressures of priorities, the basis of evidence before it, that a covered tion. A competitive area must be defined deadlines, and other demands. However, a employee is preference eligible, the employ- solely in terms of the employing office’s or- work program would generally not be unduly ing office shall waive: ganizational unit(s) and geographical loca- interrupted even if a covered employee need- (1) requirements as to age, height, and tion, and it must include all employees with- ed more than 90 days after the reduction in weight, unless the requirement is essential in the competitive area so defined. A com- force to perform the optimum quality or to the performance of the duties of the posi- petitive area may consist of all or part of an quantity of work. The 90-day standard may tion; and employing office. The minimum competitive be extended if placement is made under this (2) physical requirements if, in the opinion area is a department or subdivision of the part to a program accorded low priority by of the employing office, on the basis of evi- employing office under separate administra- the employing office, or to a vacant position. dence before it, including any recommenda- tion within the local commuting area. An employing office has the burden of prov- tion of an accredited physician submitted by

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2274 CONGRESSIONAL RECORD—SENATE February 15, 2005 the preference eligible, the preference eligi- timely request and the demonstration of with Disabilities Act (42 U.S.C. § 12101 et seq.) ble is physically able to perform efficiently good cause, the Executive Director, in his/ as applied by section 102(a)(3) of the CAA, 2 the duties of the position. her discretion, may grant such an employing U.S.C. § 1302(a)(3), that refusal to provide it (b) If an employing office determines that, office additional time for preparing its pol- will not subject the individual to any ad- on the basis of evidence before it, a pref- icy. Each such employing office will make verse treatment except the possibility of an erence eligible described in 5 U.S.C. its policies available to applicants for ap- adverse determination regarding the individ- § 2108(3)(c) who has a compensable service- pointment to a covered position and to cov- ual’s status as a preference eligible as a dis- connected disability of 30 percent or more is ered employees in accordance with these reg- abled veteran under the VEOA, and that any not able to fulfill the physical requirements ulations and to the public upon request. The information obtained in accordance with this of the covered position, the employing office act of adopting a veterans’ preference policy section concerning the medical condition or shall notify the preference eligible of the shall not relieve any employing office of any history of an individual will be collected, reasons for the determination and of the other responsibility or requirement of the maintained and used only in accordance with right to respond and to submit additional in- Veterans Employment Opportunity Act of the Americans with Disabilities Act (42 formation to the employing office within 15 1998 or these regulations. An employing of- U.S.C. § 12101 et seq.) as applied by section days of the date of the notification. Should fice may amend or replace its veterans’ pref- 102(a)(3) of the CAA, 2 U.S.C. § 1302(a)(3). the preference eligible make a timely re- erence policies as it deems necessary or ap- (c) An employing office shall provide the sponse the employing office, at the highest propriate, so long as the resulting policies following information in writing to all quali- level within the employing office, shall are consistent with the VEOA and these reg- fied applicants for a covered position: render a final determination of the physical ulations. (1) the VEOA definition of veterans’ ‘‘pref- ability of the preference eligible to perform SEC. 1.117 PRESERVATION OF RECORDS MADE OR erence eligible’’ as set forth in 5 U.S.C. § 2108 the duties of the covered position, taking KEPT or any superseding legislation, providing the into account the evidence before it, includ- An employing office that employs one or actual, current definition in a manner de- ing the response and any additional informa- signed to be understood by applicants, along tion provided by the preference eligible. more covered employees or that seeks appli- cants for a covered position shall maintain with the statutory citation; When the employing office has completed its (2) the employing office’s veterans’ pref- review of the proposed disqualification on any records relating to the application of its veterans’ preference policy to applicants for erence policy or a summary description of the basis of physical disability, it shall send the employing office’s veterans’ preference its findings to the preference eligible. covered positions and to workforce adjust- ment decisions affecting covered employees policy as it relates to appointments to cov- (c) Nothing in this section shall relieve an ered positions, including any procedures the employing office of any greater obligation it for a period of at least one year from the date of the making of the record or the date employing office shall use to identify pref- may have pursuant to the Americans with erence eligible employees; Disabilities Act (42 U.S.C. § 12101 et seq.) as of the personnel action involved or, if later, one year from the date on which the appli- (3) the employing office may provide other applied by section 102(a)(3) of the CAA, 2 information to applicants, but is not re- U.S.C. § 1302(a)(3). cant or covered employee is notified of the personnel action. Where a claim has been quired to do so by these regulations. SEC. 1.115 TRANSFER OF FUNCTIONS brought under section 401 of the CAA against (d) Except as provided in this subpara- (a) When a function is transferred from one an employing office under the VEOA, the re- graph, the written information required by employing office to another employing of- spondent employing office shall preserve all paragraph (c) must be provided to all quali- fice, each covered employee in the affected personnel records relevant to the claim until fied applicants for a covered position so as to position classifications or job classifications final disposition of the claim. The term ‘‘per- allow those applicants a reasonable time to in the function that is to be transferred shall sonnel records relevant to the claim,’’ for ex- respond regarding their veterans’ preference be transferred to the receiving employing of- ample, would include records relating to the status. fice for employment in a covered position for veterans’ preference determination regard- (e) Employing offices are also expected to which he/she is qualified before the receiving ing the person bringing the claim and answer applicant questions concerning the employing office may make an appointment records relating to any veterans’ preference employing office’s veterans’ preference poli- from another source to that position. determinations regarding other applicants cies and practices. (b) When one employing office is replaced for the covered position the person sought, SEC. 1.119 DISSEMINATION OF VETERANS’ by another employing office, each covered or records relating to the veterans’ pref- PREFERENCE POLICIES TO COVERED EMPLOYEES employee in the affected position classifica- erence determinations regarding other cov- tions or job classifications in the employing (a) If an employing office that employs one ered employees in the person’s position or or more covered employees or that seeks ap- office to be replaced shall be transferred to job classification. The date of final disposi- the replacing employing office for employ- plicants for a covered position provides any tion of the charge or the action means the written guidance to such employees con- ment in a covered position for which he/she latest of the date of expiration of the statu- is qualified before the replacing employing cerning employee rights generally or reduc- tory period within which the aggrieved per- tions in force more specifically, such as in a office may make an appointment from an- son may file a complaint with the Office or other source to that position. written employee policy, manual or hand- in a U.S. District Court or, where an action book, such guidance must include informa- SUBPART E—ADOPTION OF VETERANS’ PREF- is brought against an employing office by tion concerning veterans’ preference entitle- ERENCE POLICIES, RECORDKEEPING & INFOR- the aggrieved person, the date on which such ments under the VEOA and employee obliga- MATIONAL REQUIREMENTS litigation is terminated. tions under the employing office’s veterans’ Sec. 1.118 DISSEMINATION OF VETERANS’ PREFERENCE preference policy, as set forth in subsection 1.116 Adoption of veterans’ preference pol- POLICIES TO APPLICANTS FOR COVERED POSI- (b) of this regulation. icy. TIONS (b) Written guidances and notices to cov- 1.117 Preservation of records made or kept. (a) An employing office shall state in any ered employees required by subsection (a) 1.118 Dissemination of veterans’ preference announcements and advertisements it makes above shall include, at a minimum: policies to applicants for covered posi- concerning vacancies in covered positions (1) the VEOA definition of veterans’ ‘‘pref- tions. that the staffing action is governed by the erence eligible’’ as set forth in 5 U.S.C. § 2108 1.119 Dissemination of veterans’ preference VEOA. or any superseding legislation, providing the policies to covered employees. (b) An employing office shall invite appli- actual, current definition along with the 1.120 Written notice prior to a reduction in cants for a covered position to identify statutory citation; force. themselves as veterans’ preference eligibles, (2) the employing office’s veterans’ pref- 1.121 Informational requirements regarding provided that in doing so: erence policy or a summary description of veterans’ preference determinations. (1) the employing office shall state clearly the employing office’s veterans’ preference SEC. 1.116 ADOPTION OF VETERANS’ PREFERENCE on any written application or questionnaire policy as it relates to workforce adjust- POLICY used for this purpose or make clear orally, if ments; and the procedures the employing of- No later than 120 calendar days following a written application or questionnaire is not fice shall take to identify preference eligible Congressional approval of this regulation, used, that the requested information is in- employees. each employing office that employs one or tended for use solely in connection with the (3) The employing office may include other more covered employees or that seeks appli- employing office’s obligations and efforts to information in the notice or in its guidances, cants for a covered position shall adopt its provide veterans’ preference to preference but is not required to do so by these regula- written policy specifying how it has inte- eligibles in accordance with the VEOA; and tions. grated the veterans’ preference requirements (2) the employing office shall state clearly (c) Employing offices are also expected to of the Veterans Employment Opportunities that disabled veteran status is requested on answer covered employee questions con- Act of 1998 and these regulations into its em- a voluntary basis, that it will be kept con- cerning the employing office’s veterans’ pref- ployment and retention processes. Upon fidential in accordance with the Americans erence policies and practices.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2275 1.120 WRITTEN NOTICE PRIOR TO A REDUCTION IN (1) Whether the covered employee is pref- have no precedent in our country. FORCE erence eligible and, if not, the reasons for Mark has helped create interagency (a) Except as provided under subsection (b), the employing office’s determination that teams that improve both the care of a covered employee may not be released, due the covered employee is not preference eligi- Federal lands and the efficiency of the ble. to a reduction in force, unless the covered agencies charged with that care. With- employee and the covered employee’s exclu- (2) If the covered employee is preference el- sive representative for collective-bargaining igible, the employing office’s explanation out Mark’s leadership, this program purposes (if any) are given written notice, in shall include: would not be such a success story. conformance with the requirements of para- (A) a list of all covered employee(s) in the Mark has helped the Las Vegas Field graph (b), at least 60 days before the covered requesting employee’s position classification Office adapt to the unique nature of employee is so released. or job classification and competitive area managing Federal land in this growing (b) Any notice under paragraph (a) shall in- who were retained by the employing office, identifying those employees by job title only urban setting. He is proud of his team, clude— and he would say it has embraced (1) the personnel action to be taken with and stating whether each such employee is respect to the covered employee involved; preference eligible, change and achieved excellence. The (2) the effective date of the action; (B) a list of all covered employee(s) in the BLM is not always a popular entity in (3) a description of the procedures applica- requesting employee’s position classification Nevada, but Mark’s accomplishments ble in identifying employees for release; or job classification and competitive area have greatly improved its reputation. who were not retained by the employing of- (4) the covered employee’s competitive Mark’s retirement is the culmination area; fice, identifying those employees by job title (5) the covered employee’s eligibility for only and stating whether each such em- of 39 years of service with the BLM in veterans’ preference in retention and how ployee is preference eligible, and the West, including time in northern that preference eligibility was determined; (C) a brief statement of the reason(s) for California and Colorado as well as Ne- (6) the retention status and preference eli- the employing office’s decision not to retain vada. I wish Mark the best, and I hope gibility of the other employees in the af- the covered employee. I will have the privilege of working fected position classifications or job classi- END OF PROPOSED REGULATIONS with him again in the future. fications within the covered employee’s com- f petitive area; (7) the place where the covered employee RECOGNITION OF MARK MORSE f may inspect the regulations and records per- Mr. REID. Mr. President, today I tinent to him/her, as detailed in section wish to recognize the public service of BALTAZAR CERVANTES’ 100TH 1.121(b) below; and BIRTHDAY (8) a description of any appeal or other Mark Morse of Las Vegas, NV. rights which may be available. Mark has served as field manager for Mr. REID. Mr. President, I speak (c) (1) The director of the employing office the Bureau of Land Management’s Las today in recognition of Mr. Baltazar may, in writing, shorten the period of ad- Vegas Field Office for the last 5 years. Cervantes’ 100th birthday. vance notice required under subsection (a), Serving as a field manager for any Mr. Cervantes was born and raised in with respect to a particular reduction in BLM office is a challenge, but nowhere Mexico, and he came to the United force, if necessary because of circumstances are the competing demands of recre- not reasonably foreseeable. States in 1919, making Nevada his (2) No notice period may be shortened to ation and conservation, urban develop- home in 1958. less than 30 days under this subsection. ment and species preservation more He worked for the Southern Pacific pronounced than in southern Nevada. SEC. 1.121 INFORMATIONAL REQUIREMENTS RE- Railroad for 36 years, then worked part Some might throw up their hands in GARDING VETERANS’ PREFERENCE DETER- time for the city of Elko, in northeast the face of such challenges, but Mark MINATIONS Nevada, for the next 20 years. He fi- confronted them head on. He is re- (a) Upon written request by an applicant nally retired in 1993 at the age of 88. spected by such diverse groups as local for a covered position, the employing office Throughout his life, Mr. Cervantes shall promptly provide a written explanation and county government officials, envi- of the manner in which veterans’ preference ronmental organizations, and recre- has dedicated himself to his family, a was applied in the employing office’s ap- ation advocates for balancing the needs group that has continued to grow over pointment decision regarding that applicant. of all who take an interest in our pub- time. Today his extended family in- Such explanation shall state at a minimum: lic lands. clude 10 children, 44 grandchildren, 54 (1) Whether the applicant is preference eli- great grandchildren, and 1 great-great- gible and, if not, a brief statement of the rea- He has forged partnerships between the BLM and local organizations, in- grandchild. sons for the employing office’s determina- Mr. Cervantes has experienced many tion that the applicant is not preference eli- cluding the Red Rock Canyon Interpre- gible. If the applicant is not considered pref- tive Association, Friends of Red Rock things during his life, and he has seen erence eligible, the explanation need not ad- Canyon, the National Wild Horse Asso- some historic figures. When he was a dress the remaining matters described in ciation, Master Gardeners, UNLV, and young boy, he saw Pancho Villa in subparagraphs (2) and (3). the Clark County School District. Mexico, and after he moved to the (2) If the applicant is preference eligible, These partnerships have not only in- United States he was fortunate enough whether he/she is a qualified applicant and, if cluded the local community in the to see the legendary Babe Ruth play not, a brief statement of the reasons for the baseball. employing office’s determination that the stewardship of our public lands; they applicant is not a qualified applicant. If the have ensured that these lands are bet- Mr. Cervantes has long been an avid applicant is not considered a qualified appli- ter cared for than they would be under baseball fan, and his favorite team is cant, the explanation need not address the only BLM supervision. Red Rock en- the Atlanta Braves. He tells his chil- remaining matters described in subpara- thusiasts are improving the BLM’s in- dren that even though the Braves. graph (3). terpretation of Red Rock Canyon; stu- didn’t enjoy much success during the (3) If the applicant is preference eligible dents from a local high school are dis- early years when he watched them, he and a qualified applicant, the employing of- always knew they would turn it fice’s explanation shall advise whether the covering the unique history of Tule person appointed to the covered position for Springs. It was Mark’s vision that around. I am sure Mr. Cervantes has which the applicant was applying is pref- made these partnerships happen. enjoyed the Braves’ 13 consecutive erence eligible. We in Nevada’s congressional delega- playoff appearances. (b) Upon written request by a covered em- tion have also handed Mark his share Today Mr. Cervantes lives with his ployee who has received a notice of reduction of challenges. The Nevada BLM over- daughter Norma and her daughter in force under section 1.120 above (or his/her sees an enormously successful program Kara, and he enjoys watching Braves representative), the employing office shall that disposes of Federal land in south- games in the company of his loving promptly provide a written explanation of the manner in which veterans’ preference ern Nevada while using the proceeds to family. It gives me great pleasure to was applied in the employing office’s reten- preserve Nevada’s natural treasures. offer my sincerest congratulations to tion decision regarding that covered em- This program has made federal land this special man on the occasion of his ployee. Such explanation shall state: agencies work together in ways that 100th birthday.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2276 CONGRESSIONAL RECORD—SENATE February 15, 2005 EGYPT partment and White House as close collabo- is put at stake. Critics have been arguing for rators in a budding Israeli-Palestinian de- years that that huge subsidy, which dates to Mr. MCCONNELL. Mr. President, in tente, not as representatives of a govern- the Cold War, buys the United States little his recent State of the Union address, ment engaged in an expanding crackdown on but greater enmity from the millions of President Bush stated: its secular and democratic opposition. If so, Arabs who loathe the region’s corrupt autoc- the great and proud nation of Egypt, which the 76-year-old president will feel secure in racies and blame the United States for prop- showed the way toward peace in the Middle continuing a campaign aimed at crushing ping them up. East, can now show the way toward democ- what has been mounting opposition among The fact is, Mubarak has far more to lose racy in the Middle East. the Egyptian political and business elite to than Bush from a rupture in U.S.-Egyptian In light of the President’s statement, his plan to extend his quarter-century in of- relations. By contrast, if the dictator sails to I would like to submit for the RECORD fice by six years through a rigged ref- reelection with the apparent consent of an op-ed by Jackson Diehl that ap- erendum this fall. His son, Gamal, waits in Washington, it is Bush who will be the big peared in today’s Washington Post ti- the wings to succeed him. loser. Bush, who in his State of the Union speech f tled ‘‘Egypt’s Gamble.’’ called on Egypt to ‘‘show the way’’ toward In this piece, Mr. Diehl notes with democracy in the Middle East, will look concern that the Egyptian Government RULES OF PROCEDURE—SELECT feckless and foolish if a regime so deeply de- COMMITTEE ON ETHICS appears to be acting under the assump- pendent on U.S. military and economic aid tion that, despite the President’s stages another fraudulent election while Mr. VOINOVICH. Mr. President, in strong statement on the need for demo- jailing the very politicians who support his accordance with rule XXVI.2 of the cratic reforms in the country, the vision. But Mubarak is betting that this U.S Standing Rules of the Senate, I ask United States will still turn a blind eye president, like those who preceded him, unanimous consent that the Rules of to the recent heavy-handed actions won’t seriously confront him or threaten his Procedure of the Select Committee on taken by the Egyptian authorities to- economic lifeline at a sensitive moment in Ethics, which were adopted February the ‘‘peace process.’’ ward prodemocracy activists. Mr. He may or may not be right. Some officials 23, 1978, and revised November 1999, be Diehl’s piece notes: tell me that the Egyptians will get a cool, if printed in the CONGRESSIONAL RECORD The U.S. Embassy in Cairo is urging caution; not cold, reception in Washington and will be for the 109th Congress. it argues that an overly aggressive U.S. reac- told that the jailing of Nour and his deputy, There being no objection, the mate- tion [to the crackdown] would play into the Moussa Mustafa, is unacceptable. Bush, one rial was ordered to be printed in the hands of Egyptian ‘‘hardliners.’’ source said, is ‘‘furious’’ about the arrests. A RECORD, as follows: U.S. diplomatic letter has been drafted, but Mr. President, I am deeply troubled RULES OF THE SELECT COMMITTEE ON ETHICS about these reports, if they are true. not yet dispatched, to other members of the President Bush’s statement of policy Group of Eight industrial nations; it de- RULE 1: GENERAL PROCEDURES with respect to Egypt could not be scribes Mubarak’s political crackdown in (a) Officers: In the absence of the Chair- more clear. Nonetheless, it appears harsh terms and suggests that G–8 participa- man, the duties of the Chair shall be filled by tion in an early March meeting in Egypt the Vice Chairman or, in the Vice Chair- that there are those in the Bureau of with the Arab League should be reconsid- man’s absence, a Committee member des- Near Eastern Affairs at the State De- ered. ignated by the Chairman. partment who are attempting to return One official I spoke to pointed out that (b) Procedural Rules: The basic procedural to ‘‘business as usual’’ with respect to Condoleezza Rice is due to pay her first visit rules of the Committee are stated as a part U.S. policy toward Egypt. I would like as secretary of state to the Arab Middle East of the Standing Orders of the Senate in Sen- to go on record as reiterating my for the Arab League meeting. If Nour is not ate Resolution 338, 88th Congress, as amend- strong support for the need for Egypt freed, the official predicted, Rice may cancel ed, as well as other resolutions and laws. to reform its political and economic in- the trip: ‘‘She is not going to sit there like Supplementary Procedural Rules are stated a potted plant while the Egyptians do this.’’ herein and are hereinafter referred to as the stitutions, and I look forward to work- But Rice hasn’t addressed the issue, and Rules. The Rules shall be published in the ing with Secretary Rice to ensure that there is no consensus inside the administra- Congressional Record not later than thirty the President’s vision of democracy in tion on such a tough response. Predictably, days after adoption, and copies shall be made the region is not diluted at lower levels the U.S. Embassy in Cairo is urging caution; available by the Committee office upon re- of the Department through bureau- it argues that an overly aggressive U.S. reac- quest. cratic inertia and intransigence. tion would play into the hands of Egyptian (c) Meetings: I ask unanimous consent that the op- ‘‘hard-liners.’’ Such limp logic, of course, is (1) The regular meeting of the Committee ed be printed in the RECORD. exactly what the chief hard-liner—Muba- shall be the first Thursday of each month There being no objection, the mate- rak—is counting on. while the Congress is in session. rial was ordered to be printed in the Whatever comes of the Nour affair, the (2) Special meetings may be held at the State Department has launched a committee call of the Chairman or Vice Chairman if at RECORD, as follows: to review policy toward Egypt. That will least forty-eight hours notice is furnished to [From the Washington Post, Feb. 14, 2005] give democracy advocates at State and the all members. If all members agree, a special EGYPT’S GAMBLE White House a platform for arguing that re- meeting may be held on less than forty-eight (By Jackson Diehl) lations with Cairo should be fundamentally hours notice. The appearance of Egyptian Foreign Min- shifted in the coming year. They can count (3)(A) If any member of the Committee de- ister Ahmed Aboul Gheit and intelligence on support in Congress, where key Repub- sires that a special meeting of the Com- chief Omar Suleiman in Washington this licans, such as Sen. Mitch McConnell of Ken- mittee be called, the member may file in the week should bring to a head a bold attempt tucky, have grown increasingly impatient office of the Committee a written request to by their country’s strongman, Hosni Muba- with Mubarak’s refusal to liberalize. the Chairman or Vice Chairman for that spe- rak, to neuter President Bush’s campaign for Few believe that Mubarak can now be cial meeting. democracy in the Middle East within weeks stopped from granting himself another term (B) Immediately upon the filing of the re- of his inaugural address. as president. But proponents of change will quest the Clerk of the Committee shall no- Mubarak’s brazen gambit was encapsulated argue that Bush must at least push Mubarak tify the Chairman and Vice Chairman of the by two events on successive days last week. to make a major concession to his moderate filing of the request. If, within three cal- On Tuesday he played host in Sharm el- opposition. This is not a matter of the endar days after the filing of the request, the Sheikh as Israeli Prime Minister Ariel Shar- United States dictating reform: Nour, a new Chairman or the Vice Chairman does not call on and Palestinian President Mahmoud coalition of political groups and even some the requested special meeting, to be held Abbas declared a cease-fire. On Wednesday officials in the ruling party have been press- within seven calendar days after the filing of his police in Cairo arrested the deputy leader ing for a constitutional rewrite that would the request, any three of the members of the of the new, liberal democratic Tomorrow po- make future elections democratic and limit Committee may file their written notice in litical party and banned its newspaper from the president’s power and tenure. They also the office of the Committee that a special publishing its first issue—even though 10 want lifted the ‘‘emergency laws’’ that Mu- meeting of the Committee will be held at a days before the Bush administration had barak has used to suppress political activity. specified date and hour; such special meeting strongly objected to the arrest of the party’s Bush need only embrace this homegrown may not occur until forty-eight hours after chairman, Ayman Nour. agenda. the notice is filed. The Clerk shall imme- Mubarak is betting that Gheit and The old autocrat probably won’t yield un- diately notify all members of the Committee Suleiman will be greeted at the State De- less his annual dose of $1.2 billion in U.S. aid of the date and hour of the special meeting.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2277 The Committee shall meet at the specified session, or that part of the testimony given to serve. But if either the Chairman or Vice date and hour. by the witness in executive session and sub- Chairman continues to believe that the (d) Quorum: sequently quoted or made part of the record member is ineligible, while the member be- (1) A majority of the members of the Select in a public session shall be made available to lieves that he or she is not ineligible, the Committee shall constitute a quorum for the any witness if he so requests. (See Rule 5 on matter shall be promptly referred to the transaction of business involving complaints Procedures for Conducting Hearings.) Committee. The member shall present his or or allegations of, or information about, mis- (i) Secrecy of Executive Testimony and Ac- her arguments to the Committee in execu- conduct, including resulting preliminary in- tion and of Complaint Proceedings: tive session. Any contested questions con- quiries, adjudicatory reviews, recommenda- (1) All testimony and action taken in exec- cerning a member’s eligibility shall be de- tions or reports, and matters relating to utive session shall be kept secret and shall cided by a majority vote of the Committee, Senate Resolution 400, agreed to May 19, not be released outside the Committee to meeting in executive session, with the mem- 1976. any individual or group, whether govern- ber in question not participating. (2) Three members shall constitute a mental or private, without the approval of a (3) A member of the Committee may, at quorum for the transaction of the routine majority of the Committee. the discretion of the member, disqualify business of the Select Committee not cov- (2) All testimony and action relating to a himself or herself from participating in any ered by the first subparagraph of this para- complaint or allegation shall be kept secret preliminary inquiry or adjudicatory review graph, including requests for opinions and and shall not be released by the Committee pending before the Committee and the deter- interpretations concerning the Code of Offi- to any individual or group, whether govern- minations and recommendations of the Com- cial Conduct or any other statute or regula- mental or private, except the respondent, mittee with respect to any such preliminary tion under the jurisdiction of the Select without the approval of a majority of the inquiry or adjudicatory review. Committee, if one member of the quorum is Committee, until such time as a report to (4) Whenever any member of the Com- a Member of the Majority Party and one the Senate is required under Senate Resolu- mittee is ineligible under paragraph (1) to member of the quorum is a Member of the tion 338, 88th Congress, as amended, or unless participate in any preliminary inquiry or ad- Minority Party. During the transaction of otherwise permitted under these Rules. (See judicatory review, or disqualifies himself or routine business any member of the Select Rule 8 on Procedures for Handling Com- herself under paragraph (3) from partici- Committee constituting the quorum shall mittee Sensitive and Classified Materials.) pating in any preliminary inquiry or adju- have the right to postpone further discussion (j) Release of Reports to Public: No infor- dicatory review, another Senator shall be ap- of a pending matter until such time as a ma- mation pertaining to, or copies of any Com- pointed by the Senate to serve as a member jority of the members of the Select Com- mittee report, study, or other document of the Committee solely for purposes of such mittee are present. which purports to express the view, findings, preliminary inquiry or adjudicatory review (3) Except for an adjudicatory hearing conclusions or recommendations of the Com- and the determinations and recommenda- under Rule 5 and any deposition taken out- mittee in connection with any of its activi- tions of the Committee with respect to such side the presence of a Member under Rule 6, ties or proceedings may be released to any preliminary inquiry or adjudicatory review. one Member shall constitute a quorum for individual or group whether governmental or Any member of the Senate appointed for hearing testimony, provided that all Mem- private, without the authorization of the such purposes shall be of the same party as bers have been given notice of the hearing Committee. Whenever the Chairman or Vice the member who is ineligible or disqualifies and the Chairman has designated a Member Chairman is authorized to make any deter- himself or herself. of the Majority Party and the Vice Chairman mination, then the determination may be re- (5) The President of the Senate shall be has designated a Member of the Minority leased at his or her discretion. Each member given written notice of the ineligibility or Party to be in attendance, either of whom in of the Committee shall be given a reasonable disqualification of any member from any the absence of the other may constitute the opportunity to have separate views included preliminary inquiry, adjudicatory review, or quorum. as part of any Committee report. (See Rule 8 other proceeding requiring the appointment (e) Order of Business: Questions as to the on Procedures for Handling Committee Sen- of another member in accordance with sub- order of business and the procedure of the sitive and Classified Materials.) paragraph (k)(4). Committee shall in the first instance be de- (k) Ineligibility or Disqualification of (6) A member of the Committee staff shall cided by the Chairman and Vice Chairman, Members and Staff: be ineligible to participate in any Com- subject to reversal by a vote by a majority of (1) A member of the Committee shall be in- mittee proceeding that the staff director or the Committee. eligible to participate in any Committee pro- outside counsel determines relates specifi- (f) Hearings Announcements: The Com- ceeding that relates specifically to any of cally to any of the following: mittee shall make public announcement of the following: (A) the staff member’s own conduct; the date, place and subject matter of any (A) a preliminary inquiry or adjudicatory (B) the conduct of any employee that the hearing to be conducted by it at least one review relating to (i) the conduct of (I) such staff member supervises; week before the commencement of that hear- member; (II) any officer or employee the (C) the conduct of any member, officer or ing, and shall publish such announcement in member supervises; or (ii) any complaint employee for whom the staff member has the Congressional Record. If the Committee filed by the member; and worked for any substantial period; or determines that there is good cause to com- (B) the determinations and recommenda- (D) a complaint, sworn or unsworn, that mence a hearing at an earlier date, such no- tions of the Committee with respect to any was filed by the staff member. At the direc- tice will be given at the earliest possible preliminary inquiry or adjudicatory review tion or with the consent of the staff director time. described in subparagraph (A). or outside counsel, a staff member may also (g) Open and Closed Committee Meetings: For purposes of this paragraph, a member be disqualified from participating in a Com- Meetings of the Committee shall be open to of the committee and an officer of the Sen- mittee proceeding in other circumstances the public or closed to the public (executive ate shall be deemed to supervise any officer not listed above. session), as determined under the provisions or employee consistent with the provision of (l) Recorded Votes: Any member may re- of paragraphs 5 (b) to (d) of Rule XXVI of the paragraph 12 of Rule XXXVII of the Standing quire a recorded vote on any matter. Standing Rules of the Senate. Executive ses- Rules of the Senate. (m) Proxies; Recording Votes of Absent sion meetings of the Committee shall be (2) If any Committee proceeding appears to Members: closed except to the members and the staff of relate to a member of the Committee in a (1) Proxy voting shall not be allowed when the Committee. On the motion of any mem- manner described in subparagraph (1) of this the question before the Committee is the ini- ber, and with the approval of a majority of paragraph, the staff shall prepare a report to tiation or continuation of a preliminary in- the Committee members present, other indi- the Chairman and Vice Chairman. If either quiry or an adjudicatory review, or the viduals may be admitted to an executive ses- the Chairman or the Vice Chairman con- issuance of a report or recommendation re- sion meeting for a specific period or purpose. cludes from the report that it appears that lated thereto concerning a Member or officer (h) Record of Testimony and Committee the member may be ineligible, the member of the Senate. In any such case an absent Action: An accurate stenographic or tran- shall be notified in writing of the nature of member’s vote may be announced solely for scribed electronic record shall be kept of all the particular proceeding and the reason the purpose of recording the member’s posi- Committee proceedings, whether in execu- that it appears that the member may be in- tion and such announced votes shall not be tive or public session. Such record shall in- eligible to participate in it. If the member counted for or against the motion. clude Senators’ votes on any question on agrees that he or she is ineligible, the mem- (2) On matters other than matters listed in which a recorded vote is held. The record of ber shall so notify the Chairman or Vice paragraph (m)(1) above, the Committee may a witness’s testimony, whether in public or Chairman. If the member believes that he or order that the record be held open for the executive session, shall be made available for she is not ineligible, he or she may explain vote of absentees or recorded proxy votes if inspection to the witness or his counsel the reasons to the Chairman and Vice Chair- the absent Committee member has been in- under Committee supervision; a copy of any man, and if they both agree that the member formed of the matter on which the vote oc- testimony given by that witness in public is not ineligible, the member shall continue curs and has affirmatively requested of the

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2278 CONGRESSIONAL RECORD—SENATE February 15, 2005 Chairman or Vice Chairman in writing that (1) state, whenever possible, the name, ad- (1) The Committee may determine that he be so recorded. dress, and telephone number of the party fil- there is not such substantial credible evi- (3) All proxies shall be in writing, and shall ing the complaint; dence and, in such case, the Committee shall be delivered to the Chairman or Vice Chair- (2) provide the name of each member, offi- dismiss the matter. The Committee, or man to be recorded. cer or employee of the Senate who is specifi- Chairman and Vice Chairman acting jointly (4) Proxies shall not be considered for the cally alleged to have engaged in improper on behalf of the Committee, may dismiss any purpose of establishing a quorum. conduct or committed a violation; matter which, after a preliminary inquiry, is (n) Approval of Blind Trusts and Foreign (3) state the nature of the alleged improper determined to lack substantial merit. The Travel Requests Between Sessions and Dur- conduct or violation; Committee shall inform the complainant of ing Extended Recesses: During any period in (4) supply all documents in the possession the dismissal. which the Senate stands in adjournment be- of the party filing the complaint relevant to (2) The Committee may determine that tween sessions of the Congress or stands in a or in support of his or her allegations as an there is such substantial credible evidence, recess scheduled to extend beyond fourteen attachment to the complaint. but that the alleged violation is inadvertent, days, the Chairman and Vice Chairman, or RULE 3: PROCEDURES FOR CONDUCTING A technical, or otherwise of a de minimis na- their designees, acting jointly, are author- PRELIMINARY INQUIRY ture. In such case, the Committee may dis- ized to approve or disapprove blind trusts (a) Definition of Preliminary Inquiry: A pose of the matter by issuing a public or pri- under the provision of Rule XXXIV. ‘‘preliminary inquiry’’ is a proceeding under- vate letter of admonition, which shall not be (o) Committee Use of Services or Employ- taken by the Committee following the re- considered discipline and which shall not be ees of Other Agencies and Departments: With ceipt of a complaint or allegation of, or in- subject to appeal to the Senate. The issuance the prior consent of the department or agen- formation about, misconduct by a Member, of a letter of admonition must be approved cy involved, the Committee may (1) utilize officer, or employee of the Senate to deter- by the affirmative recorded vote of no fewer the services, information, or facilities of any mine whether there is substantial credible than four members of the Committee voting. such department or agency of the Govern- evidence which provides substantial cause (3) The Committee may determine that ment, and (2) employ on a reimbursable basis for the Committee to conclude that a viola- there is such substantial credible evidence or otherwise the services of such personnel of tion within the jurisdiction of the Com- and that the matter cannot be appropriately any such department or agency as it deems mittee has occurred. disposed of under paragraph (2). In such case, advisable. With the consent of any other (b) Basis for Preliminary Inquiry: The the Committee shall promptly initiate an committee of the Senate, or any sub- Committee shall promptly commence a pre- adjudicatory review in accordance with Rule committee, the Committee may utilize the liminary inquiry whenever it has received a 4. No adjudicatory review of conduct of a facilities and the services of the staff of such sworn complaint, or other allegation of, or Member, officer, or employee of the Senate other committee or subcommittee whenever information about, alleged misconduct or may be initiated except by the affirmative the Chairman and Vice Chairman of the violations pursuant to Rule 2. recorded vote of not less than four members Committee, acting jointly, determine that (c) Scope of Preliminary Inquiry: of the Committee. such action is necessary and appropriate. (1) The preliminary inquiry shall be of such RULE 4: PROCEDURES FOR CONDUCTING AN RULE 2: PROCEDURES FOR COMPLAINTS, duration and scope as is necessary to deter- ADJUDICATORY REVIEW ALLEGATIONS, OR INFORMATION mine whether there is substantial credible (a) Definition of Adjudicatory Review: An (a) Complaint, Allegation, or Information: evidence which provides substantial cause ‘‘adjudicatory review’’ is a proceeding under- Any member or staff member of the Com- for the Committee to conclude that a viola- taken by the Committee after a finding, on mittee shall report to the Committee, and tion within the jurisdiction of the Com- the basis of a preliminary inquiry, that there any other person may report to the Com- mittee has occurred. The Chairman and Vice is substantial cause for the Committee to mittee, a sworn complaint or other allega- Chairman, acting jointly, on behalf of the conclude that a violation within the jurisdic- tion or information, alleging that any Sen- Committee may supervise and determine the tion of the Committee has occurred. ator, or officer, or employee of the Senate appropriate duration, scope, and conduct of a has violated a law, the Senate Code of Offi- preliminary inquiry. Whether a preliminary (b) Scope of Adjudicatory Review: When cial Conduct, or any rule or regulation of the inquiry is conducted jointly by the Chairman the Committee decides to conduct an adju- Senate relating to the conduct of any indi- and Vice Chairman or by the Committee as dicatory review, it shall be of such duration vidual in the performance of his or her duty a whole, the day to day supervision of a pre- and scope as is necessary for the Committee as a Member, officer, or employee of the Sen- liminary inquiry rests with the Chairman to determine whether a violation within its ate, or has engaged in improper conduct and Vice Chairman, acting jointly. jurisdiction has occurred. An adjudicatory which may reflect upon the Senate. Such (2) A preliminary inquiry may include any review shall be conducted by outside counsel complaints or allegations or information inquiries, interviews, sworn statements, as authorized by section 3(b)(1) of Senate may be reported to the Chairman, the Vice depositions, or subpoenas deemed appro- Resolution 338 unless the Committee deter- Chairman, a Committee member, or a Com- priate to obtain information upon which to mines not to use outside counsel. In the mittee staff member. make any determination provided for by this course of the adjudicatory review, designated (b) Source of Complaint, Allegation, or In- Rule. outside counsel, or if the Committee deter- formation: Complaints, allegations, and in- (d) Opportunity for Response: A prelimi- mines not to use outside counsel, the Com- formation to be reported to the Committee nary inquiry may include an opportunity for mittee or its staff, may conduct any inquir- may be obtained from a variety of sources, any known respondent or his or her des- ies or interviews, take sworn statements, use including but not limited to the following: ignated representative to present either a compulsory process as described in Rule 6, or (1) sworn complaints, defined as a written written or oral statement, or to respond take any other actions that the Committee statement of facts, submitted under penalty orally to questions from the Committee. deems appropriate to secure the evidence of perjury, within the personal knowledge of Such an oral statement or answers shall be necessary to make a determination. the complainant alleging a violation of law, transcribed and signed by the person pro- (c) Notice to Respondent: The Committee the Senate Code of Official Conduct, or any viding the statement or answers. shall give written notice to any known re- other rule or regulation of the Senate relat- (e) Status Reports: The Committee staff or spondent who is the subject of an adjudica- ing to the conduct of individuals in the per- outside counsel shall periodically report to tory review. The notice shall be sent to the formance of their duties as members, offi- the Committee in the form and according to respondent no later than five working days cers, or employees of the Senate; the schedule prescribed by the Committee. after the Committee has voted to conduct an (2) anonymous or informal complaints; The reports shall be confidential. adjudicatory review. The notice shall include (3) information developed during a study or (f) Final Report: When the preliminary in- a statement of the nature of the possible vio- inquiry by the Committee or other commit- quiry is completed, the staff or outside coun- lation, and description of the evidence indi- tees or subcommittees of the Senate, includ- sel shall make a confidential report, oral or cating that a possible violation occurred. ing information obtained in connection with written, to the Committee on findings and The Committee may offer the respondent an legislative or general oversight hearings; recommendations, as appropriate. opportunity to present a statement, orally (4) information reported by the news (g) Committee Action: As soon as prac- or in writing, or to respond to questions media; or ticable following submission of the report on from members of the Committee, the Com- (5) information obtained from any indi- the preliminary inquiry, the Committee mittee staff, or outside counsel. vidual, agency or department of the execu- shall determine by a recorded vote whether (d) Right to a Hearing: The Committee tive branch of the Federal Government. there is substantial credible evidence which shall accord a respondent an opportunity for (c) Form and Content of Complaints: A provides substantial cause for the Com- a hearing before it recommends disciplinary complaint need not be sworn nor must it be mittee to conclude that a violation within action against that respondent to the Senate in any particular form to receive Committee the jurisdiction of the Committee has oc- or before it imposes an order of restitution consideration, but the preferred complaint curred. The Committee may make any of the or reprimand (not requiring discipline by the will: following determinations: full Senate).

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2279 (e) Progress Reports to Committee: The (4) Promptly, after the conclusion of the or in his absence, by any Committee mem- Committee staff or outside counsel shall pe- adjudicatory review, the Committee’s report ber. riodically report to the Committee con- and recommendation, if any, shall be for- (g) Witnesses: cerning the progress of the adjudicatory re- warded to the Secretary of the Senate, and a (1) A subpoena or other request to testify view. Such reports shall be delivered to the copy shall be provided to the complainant shall be served on a witness sufficiently in Committee in the form and according to the and the respondent. The full report and rec- advance of his or her scheduled appearance schedule prescribed by the Committee, and ommendation, if any, shall be printed and to allow the witness a reasonable period of shall be confidential. made public, unless the Committee deter- time, as determined by the Committee, to (f) Final Report of Adjudicatory Review to mines by the recorded vote of not less than prepare for the hearing and to employ coun- Committee: Upon completion of an adjudica- four members of the Committee that it sel if desired. tory review, including any hearings held pur- should remain confidential. (2) The Committee may, by recorded vote suant to Rule 5, the outside counsel or the (h) Right of Appeal: of not less than four members of the Com- staff shall submit a confidential written re- (1) Any individual who is the subject of a mittee, rule that no member of the Com- port to the Committee, which shall detail reprimand or order of restitution, or both, mittee or staff or outside counsel shall make the factual findings of the adjudicatory re- pursuant to subsection (g)(2)(iii), may, with- public the name of any witness subpoenaed view and which may recommend disciplinary in 30 days of the Committee’s report to the by the Committee before the date of that action, if appropriate. Findings of fact of the Senate of its action imposing a reprimand or witness’s scheduled appearance, except as adjudicatory review shall be detailed in this order of restitution, or both, appeal to the specifically authorized by the Chairman and report whether or not disciplinary action is Senate by providing written notice of the ap- Vice Chairman, acting jointly. recommended. peal to the Committee and the presiding offi- (3) Any witness desiring to read a prepared (g) Committee Action: cer of the Senate. The presiding officer shall or written statement in executive or public (1) As soon as practicable following sub- cause the notice of the appeal to be printed hearings shall file a copy of such statement mission of the report of the staff or outside in the Congressional Record and the Senate with the Committee at least 2 working days counsel on the adjudicatory review, the Com- Journal. in advance of the hearing at which the state- mittee shall prepare and submit a report to (2) S. Res. 338 provides that a motion to ment is to be presented. The Chairman and the Senate, including a recommendation or proceed to consideration of an appeal pursu- Vice Chairman shall determine whether such proposed resolution to the Senate concerning ant to paragraph (1) shall be highly privi- statements may be read or placed in the disciplinary action, if appropriate. A report leged and not debatable. If the motion to record of the hearing. shall be issued, stating in detail the Commit- proceed to consideration of the appeal is (4) Insofar as practicable, each witness tee’s findings of fact, whether or not discipli- agreed to, the appeal shall be decided on the shall be permitted to present a brief oral nary action is recommended. The report basis of the Committee’s report to the Sen- opening statement, if he or she desires to do shall also explain fully the reasons under- ate. Debate on the appeal shall be limited to so. lying the Committee’s recommendation con- 10 hours, which shall be divided equally be- (h) Right to Testify: Any person whose cerning disciplinary action, if any. No adju- tween, and controlled by, those favoring and name is mentioned or who is specifically dicatory review of conduct of a Member, offi- those opposing the appeal. identified or otherwise referred to in testi- cer or employee of the Senate may be con- RULE 5: PROCEDURES FOR HEARINGS mony or in statements made by a Committee ducted, or report or resolution or rec- member, staff member or outside counsel, or ommendation relating to such an adjudica- (a) Right to Hearing: The Committee may hold a public or executive hearing in any any witness, and who reasonably believes tory review of conduct may be made, except that the statement tends to adversely affect by the affirmative recorded vote of not less preliminary inquiry, adjudicatory review, or other proceeding. The Committee shall ac- his or her reputation may— than four members of the Committee. (1) Request to appear personally before the (2) Pursuant to S. Res. 338, as amended, cord a respondent an opportunity for a hear- Committee to testify in his or her own be- section 2 (a), subsections (2), (3), and (4), ing before it recommends disciplinary action half; or after receipt of the report prescribed by against that respondent to the Senate or be- (2) File a sworn statement of facts relevant paragraph (f) of this rule, the Committee fore it imposes an order of restitution or rep- to the testimony or other evidence or state- may make any of the following recommenda- rimand. (See Rule 4(d).) ment of which he or she complained. Such tions for disciplinary action or issue an order (b) Non-Public Hearings: The Committee request and such statement shall be sub- for reprimand or restitution, as follows: may at any time during a hearing determine (i) In the case of a Member, a recommenda- in accordance with paragraph 5(b) of Rule mitted to the Committee for its consider- tion to the Senate for expulsion, censure, XXVI of the Standing Rules of the Senate ation and action. payment of restitution, recommendation to whether to receive the testimony of specific (i) Conduct of Witnesses and Other a Member’s party conference regarding the witnesses in executive session. If a witness Attendees: The Presiding Officer may punish Member’s seniority or positions of responsi- desires to express a preference for testifying any breaches of order and decorum by cen- bility, or a combination of these; in public or in executive session, he or she sure and exclusion from the hearings. The (ii) In the case of an officer or employee, a shall so notify the Committee at least 5 days Committee, by majority vote, may rec- recommendation to the Senate of dismissal, before he or she is scheduled to testify. ommend to the Senate that the offender be suspension, payment of restitution, or a (c) Adjudicatory Hearings: The Committee cited for contempt of Congress. combination of these; may, by the recorded vote of not less than (j) Adjudicatory Hearing Procedures: (iii) In the case where the Committee de- four members of the Committee, designate (1) Notice of Hearings: A copy of the public termines, after according to the Member, of- any public or executive hearing as an adju- announcement of an adjudicatory hearing, ficer, or employee due notice and oppor- dicatory hearing; and any hearing which is required by paragraph (e), shall be furnished tunity for a hearing, that misconduct oc- concerned with possible disciplinary action together with a copy of these Rules to all curred warranting discipline less serious against a respondent or respondents des- witnesses at the time that they are subpoe- than discipline by the full Senate, and sub- ignated by the Committee shall be an adju- naed or otherwise summoned to testify. ject to the provisions of paragraph (h) of this dicatory hearing. In any adjudicatory hear- (2) Preparation for Adjudicatory Hearings: rule relating to appeal, by a unanimous vote ing, the procedures described in paragraph (j) (A) At least 5 working days prior to the of six members order that a Member, officer shall apply. commencement of an adjudicatory hearing, or employee be reprimanded or pay restitu- (d) Subpoena Power: The Committee may the Committee shall provide the following tion or both; require, by subpoena or otherwise, the at- information and documents to the respond- (iv) In the case where the Committee de- tendance and testimony of such witnesses ent, if any: termines that misconduct is inadvertent, and the production of such correspondence, (i) a list of proposed witnesses to be called technical, or otherwise of a de minimis na- books, papers, documents or other articles as at the hearing; ture, issue a public or private letter of admo- it deems advisable. (See Rule 6.) (ii) copies of all documents expected to be nition to a Member, officer or employee, (e) Notice of Hearings: The Committee introduced as exhibits at the hearing; and which shall not be subject to appeal to the shall make public an announcement of the (iii) a brief statement as to the nature of Senate. date, place, and subject matter of any hear- the testimony expected to be given by each (3) In the case where the Committee deter- ing to be conducted by it, in accordance with witness to be called at the hearing. mines, upon consideration of all the evi- Rule 1(f). (B) At least 2 working days prior to the dence, that the facts do not warrant a find- (f) Presiding Officer: The Chairman shall commencement of an adjudicatory hearing, ing that there is substantial credible evi- preside over the hearings, or in his absence the respondent, if any, shall provide the in- dence which provides substantial cause for the Vice Chairman. If the Vice Chairman is formation and documents described in divi- the Committee to conclude that a violation also absent, a Committee member designated sions (i), (ii) and (iii) of subparagraph (A) to within the jurisdiction of the Committee has by the Chairman shall preside. If an oath or the Committee. occurred, the Committee may dismiss the affirmation is required, it shall be adminis- (C) At the discretion of the Committee, the matter. tered to a witness by the Presiding Officer, information and documents to be exchanged

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2280 CONGRESSIONAL RECORD—SENATE February 15, 2005 under this paragraph shall be subject to an within the jurisdiction of the Committee, Chairman and may be served by any person appropriate agreement limiting access and the Committee shall be guided by the stand- eighteen years of age or older, who is des- disclosure. ards and procedures of Rule 412 of the Fed- ignated by the Chairman or Vice Chairman. (D) If a respondent refuses to provide the eral Rules of Evidence, except that the Com- Each subpoena shall be served with a copy of information and documents to the Com- mittee may admit evidence subject to the the Rules of the Committee and a brief state- mittee (see (A) and (B) of this subparagraph), provisions of this paragraph only upon a de- ment of the purpose of the Committee’s pro- or if a respondent or other individual vio- termination of not less than four members of ceeding. lates an agreement limiting access and dis- the full Committee that the interests of jus- (3) Withdrawal of Subpoena: The Com- closure, the Committee, by majority vote, tice require that such evidence be admitted. mittee, by recorded vote of not less than four may recommend to the Senate that the of- (7) Supplementary Hearing Procedures: members of the Committee, may withdraw fender be cited for contempt of Congress. The Committee may adopt any additional any subpoena authorized for issuance by it (3) Swearing of Witnesses: All witnesses special hearing procedures that it deems nec- or authorized for issuance by the Chairman who testify at adjudicatory hearings shall be essary or appropriate to a particular adju- and Vice Chairman, acting jointly. The sworn unless the Presiding Officer, for good dicatory hearing. Copies of such supple- Chairman and Vice Chairman, acting jointly, cause, decides that a witness does not have mentary procedures shall be furnished to may withdraw any subpoena authorized for to be sworn. witnesses and respondents, and shall be made issuance by them. (4) Right to Counsel: Any witness at an ad- available upon request to any member of the (b) Depositions: judicatory hearing may be accompanied by public. (1) Persons Authorized to Take Deposi- counsel of his or her own choosing, who shall (k) Transcripts: tions: Depositions may be taken by any be permitted to advise the witness of his or (1) An accurate stenographic or recorded member of the Committee designated by the her legal rights during the testimony. transcript shall be made of all public and ex- Chairman and Vice Chairman, acting jointly, (5) Right to Cross-Examine and Call Wit- ecutive hearings. Any member of the Com- or by any other person designated by the nesses: mittee, Committee staff member, outside Chairman and Vice Chairman, acting jointly, (A) In adjudicatory hearings, any respond- counsel retained by the Committee, or wit- including outside counsel, Committee staff, ent and any other person who obtains the ness may examine a copy of the transcript other employees of the Senate, or govern- permission of the Committee, may person- retained by the Committee of his or her own ment employees detailed to the Committee. ally or through counsel cross-examine wit- remarks and may suggest to the official re- (2) Deposition Notices: Notices for the tak- nesses called by the Committee and may call porter any typographical or transcription er- ing of depositions shall be authorized by the witnesses in his or her own behalf. rors. If the reporter declines to make the re- Committee, or the Chairman and Vice Chair- (B) A respondent may apply to the Com- quested corrections, the member, staff mem- man, acting jointly, and issued by the Chair- mittee for the issuance of subpoenas for the ber, outside counsel or witness may request man, Vice Chairman, or a Committee staff appearance of witnesses or the production of a ruling by the Chairman and Vice Chair- member or outside counsel designated by the documents on his or her behalf. An applica- man, acting jointly. Any member or witness Chairman and Vice Chairman, acting jointly. tion shall be approved upon a concise show- shall return the transcript with suggested Depositions may be taken at any time dur- ing by the respondent that the proposed tes- corrections to the Committee offices within ing a preliminary inquiry, adjudicatory re- timony or evidence is relevant and appro- five working days after receipt of the tran- view or other proceeding. Deposition notices priate, as determined by the Chairman and script, or as soon thereafter as is practicable. shall specify a time and place for examina- Vice Chairman. If the testimony was given in executive ses- tion. Unless otherwise specified, the deposi- (C) With respect to witnesses called by a sion, the member or witness may only in- tion shall be in private, and the testimony respondent, or other individual given permis- spect the transcript at a location determined taken and documents produced shall be sion by the Committee, each such witness by the Chairman and Vice Chairman, acting deemed for the purpose of these rules to have shall first be examined by the party who jointly. Any questions arising with respect been received in a closed or executive session called the witness or by that party’s counsel. to the processing and correction of tran- of the Committee. The Committee shall not (D) At least 1 working day before a scripts shall be decided by the Chairman and initiate procedures leading to criminal or witness’s scheduled appearance, a witness or Vice Chairman, acting jointly. civil enforcement proceedings for a witness’s a witness’s counsel may submit to the Com- (2) Except for the record of a hearing which failure to appear, or to testify, or to produce mittee written questions proposed to be is closed to the public, each transcript shall documents, unless the deposition notice was asked of that witness. If the Committee de- be printed as soon as is practicable after re- accompanied by a subpoena authorized for termines that it is necessary, such questions ceipt of the corrected version. The Chairman issuance by the Committee, or the Chairman may be asked by any member of the Com- and Vice Chairman, acting jointly, may and Vice Chairman, acting jointly. mittee, or by any Committee staff member if order the transcript of a hearing to be print- (3) Counsel at Depositions: Witnesses may directed by a Committee member. The wit- ed without the corrections of a member or be accompanied at a deposition by counsel to ness or witness’s counsel may also submit witness if they determine that such member advise them of their rights. additional sworn testimony for the record or witness has been afforded a reasonable (4) Deposition Procedure: Witnesses at within 24 hours after the last day that the time to correct such transcript and such depositions shall be examined upon oath ad- witness has testified. The insertion of such transcript has not been returned within such ministered by an individual authorized by testimony in that day’s record is subject to time. law to administer oaths, or administered by the approval of the Chairman and Vice (3) The Committee shall furnish each wit- any member of the Committee if one is Chairman acting jointly within 5 days after ness, at no cost, one transcript copy of that present. Questions may be propounded by the testimony is received. witness’s testimony given at a public hear- any person or persons who are authorized to (6) Admissibility of Evidence: ing. If the testimony was given in executive take depositions for the Committee. If a wit- (A) The object of the hearing shall be to as- session, then a transcript copy shall be pro- ness objects to a question and refuses to tes- certain the truth. Any evidence that may be vided upon request, subject to appropriate tify, or refuses to produce a document, any relevant and probative shall be admissible conditions and restrictions prescribed by the member of the Committee who is present unless privileged under the Federal Rules of Chairman and Vice Chairman. If any indi- may rule on the objection and, if the objec- Evidence. Rules of evidence shall not be ap- vidual violates such conditions and restric- tion is overruled, direct the witness to an- plied strictly, but the Presiding Officer shall tions, the Committee may recommend by swer the question or produce the document. exclude irrelevant or unduly repetitious tes- majority vote that he or she be cited for con- If no member of the Committee is present, timony. Objections going only to the weight tempt of Congress. the individual who has been designated by that should be given evidence will not justify RULE 6: SUBPOENAS AND DEPOSITIONS the Chairman and Vice Chairman, acting its exclusion. (a) Subpoenas: jointly, to take the deposition may proceed (B) The Presiding Officer shall rule upon (1) Authorization for Issuance: Subpoenas with the deposition, or may, at that time or any question of the admissibility of testi- for the attendance and testimony of wit- at a subsequent time, seek a ruling by tele- mony or other evidence presented to the nesses at depositions or hearings, and sub- phone or otherwise on the objection from the Committee. Such rulings shall be final un- poenas for the production of documents and Chairman or Vice Chairman of the Com- less reversed or modified by a recorded vote tangible things at depositions, hearings, or mittee, who may refer the matter to the of not less than four members of the Com- other times and places designated therein, Committee or rule on the objection. If the mittee before the recess of that day’s hear- may be authorized for issuance by either (A) Chairman or Vice Chairman, or the Com- ings. a majority vote of the Committee, or (B) the mittee upon referral, overrules the objec- (C) Notwithstanding paragraphs (A) and Chairman and Vice Chairman, acting jointly, tion, the Chairman, Vice Chairman, or the (B), in any matter before the Committee in- at any time during a preliminary inquiry, Committee as the case may be, may direct volving allegations of sexual discrimination, adjudicatory review, or other proceeding. the witness to answer the question or including sexual harassment, or sexual mis- (2) Signature and Service: All subpoenas produce the document. The Committee shall conduct, by a Member, officer, or employee shall be signed by the Chairman or the Vice not initiate procedures leading to civil or

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2281 criminal enforcement unless the witness re- regulation which was not in effect at the cifically approved by the staff director or by fuses to testify or produce documents after time the alleged violation occurred. No pro- outside counsel designated by the Chairman having been directed to do so. visions of the Senate Code of Official Con- and Vice Chairman. (5) Filing of Depositions: Deposition testi- duct shall apply to or require disclosure of (2) Each member of the Committee shall mony shall be transcribed or electronically any act, relationship, or transaction which have access to all materials in the Commit- recorded. If the deposition is transcribed, the occurred prior to the effective date of the ap- tee’s possession. The staffs of members shall individual administering the oath shall cer- plicable provision of the Code. not have access to Committee Sensitive or tify on the transcript that the witness was (2) The Committee may initiate an adju- classified documents and materials without duly sworn in his or her presence and the dicatory review of any alleged violation of a the specific approval in each instance of the transcriber shall certify that the transcript rule or law which was in effect prior to the Chairman, and Vice Chairman, acting joint- is a true record of the testimony. The tran- enactment of the Senate Code of Official ly. Members may examine such materials in script with these certifications shall be filed Conduct if the alleged violation occurred the Committee’s offices. If necessary, re- with the chief clerk of the Committee, and while such rule or law was in effect and the quested materials may be hand delivered by the witness shall be furnished with access to violation was not a matter resolved on the a member of the Committee staff to the a copy at the Committee’s offices for review. merits by the predecessor Committee. member of the Committee, or to a staff per- Upon inspecting the transcript, within a RULE 8: PROCEDURES FOR HANDLING COMMITTEE son(s) specifically designated by the mem- time limit set by the Chairman and Vice SENSITIVE AND CLASSIFIED MATERIALS ber, for the Member’s or designated staffer’s Chairman, acting jointly, a witness may re- (a) Procedures for Handling Committee examination. A member of the Committee quest in writing changes in the transcript to Sensitive Materials: who has possession of Committee Sensitive correct errors in transcription. The witness (1) Committee Sensitive information or documents or materials shall take appro- may also bring to the attention of the Com- material is information or material in the priate safeguards for maintaining the secu- mittee errors of fact in the witness’s testi- possession of the Select Committee on Eth- rity of such documents or materials in the mony by submitting a sworn statement ics which pertains to illegal or improper con- possession of the Member or his or her des- about those facts with a request that it be duct by a present or former Member, officer, ignated staffer. attached to the transcript. The Chairman or employee of the Senate; to allegations or (3) Committee Sensitive documents that and Vice Chairman, acting jointly, may rule accusations of such conduct; to any resulting are provided to a Member of the Senate in on the witness’s request, and the changes or preliminary inquiry, adjudicatory review or connection with a complaint that has been attachments allowed shall be certified by the other proceeding by the Select Committee filed against the Member shall be hand deliv- Committee’s chief clerk. If the witness fails on Ethics into such allegations or conduct; ered to the Member or to the Member’s Chief to make any request under this paragraph to the investigative techniques and proce- of Staff or Administrative Assistant. Com- within the time limit set, this fact shall be dures of the Select Committee on Ethics; or mittee Sensitive documents that are pro- noted by the Committee’s chief clerk. Any to other information or material designated vided to a Member of the Senate who is the person authorized by the Committee may by the staff director, or outside counsel des- subject of a preliminary inquiry, adjudica- stipulate with the witness to changes in this ignated by the Chairman and Vice Chairman. tory review, or other proceeding, shall be procedure. (2) The Chairman and Vice Chairman of the hand delivered to the Member or to his or RULE 7: VIOLATIONS OF LAW; PERJURY; LEGIS- Committee shall establish such procedures her specifically designated representative. LATIVE RECOMMENDATIONS; EDUCATIONAL as may be necessary to prevent the unau- (4) Any Member of the Senate who is not a MANDATE; AND APPLICABLE RULES AND thorized disclosure of Committee Sensitive member of the Committee and who seeks ac- STANDARDS OF CONDUCT information in the possession of the Com- cess to any Committee Sensitive or classi- (a) Violations of Law: Whenever the Com- mittee or its staff. Procedures for protecting fied documents or materials, other than doc- mittee determines by the recorded vote of Committee Sensitive materials shall be in uments or materials which are matters of not less than four members of the full Com- writing and shall be given to each Com- public record, shall request access in writing. mittee that there is reason to believe that a mittee staff member. The Committee shall decide by majority violation of law, including the provision of (b) Procedures for Handling Classified Ma- vote whether to make documents or mate- false information to the Committee, may terials: rials available. If access is granted, the have occurred, it shall report such possible (1) Classified information or material is in- Member shall not disclose the information violation to the proper Federal and State au- formation or material which is specifically except as authorized by the Committee. thorities. designated as classified under the authority (5) Whenever the Committee makes Com- (b) Perjury: Any person who knowingly and of Executive Order 11652 requiring protection mittee Sensitive or classified documents or willfully swears falsely to a sworn complaint of such information or material from unau- materials available to any Member of the or any other sworn statement to the Com- thorized disclosure in order to prevent dam- Senate who is not a member of the Com- mittee does so under penalty of perjury. The age to the United States. mittee, or to a staff person of a Committee Committee may refer any such case to the (2) The Chairman and Vice Chairman of the member in response to a specific request to Attorney General for prosecution. Committee shall establish such procedures the Chairman and Vice Chairman, a written (c) Legislative Recommendations: The as may be necessary to prevent the unau- record shall be made identifying the Member Committee shall recommend to the Senate thorized disclosure of classified information of the Senate requesting such documents or by report or resolution such additional rules, in the possession of the Committee or its materials and describing what was made regulations, or other legislative measures as staff. Procedures for handling such informa- available and to whom. it determines to be necessary or desirable to tion shall be in writing and a copy of the (d) Non-Disclosure Policy and Agreement: ensure proper standards of conduct by Mem- procedures shall be given to each staff mem- (1) Except as provided in the last sentence bers, officers, or employees of the Senate. ber cleared for access to classified informa- of this paragraph, no member of the Select The Committee may conduct such inquiries tion. Committee on Ethics, its staff or any person as it deems necessary to prepare such a re- (3) Each member of the Committee shall engaged by contract or otherwise to perform port or resolution, including the holding of have access to classified material in the services for the Select Committee on Ethics hearings in public or executive session and Committee’s possession. Only Committee shall release, divulge, publish, reveal by the use of subpoenas to compel the attend- staff members with appropriate security writing, word, conduct, or disclose in any ance of witnesses or the production of mate- clearances and a need-to-know, as approved way, in whole, or in part, or by way of sum- rials. The Committee may make legislative by the Chairman and Vice Chairman, acting mary, during tenure with the Select Com- recommendations as a result of its findings jointly, shall have access to classified infor- mittee on Ethics or anytime thereafter, any in a preliminary inquiry, adjudicatory re- mation in the Committee’s possession. testimony given before the Select Com- view, or other proceeding. (c) Procedures for Handling Committee mittee on Ethics in executive session (in- (d) Educational Mandate: The Committee Sensitive and Classified Documents: cluding the name of any witness who ap- shall develop and implement programs and (1) Committee Sensitive documents and peared or was called to appear in executive materials designed to educate Members, offi- materials shall be stored in the Committee’s session), any classified or Committee Sen- cers, and employees about the laws, rules, offices, with appropriate safeguards for sitive information, document or material, regulations, and standards of conduct appli- maintaining the security of such documents received or generated by the Select Com- cable to such individuals in the performance or materials. Classified documents and mate- mittee on Ethics or any classified or Com- of their duties. rials shall be further segregated in the Com- mittee Sensitive information which may (e) Applicable Rules and Standards of Con- mittee’s offices in secure filing safes. Re- come into the possession of such person dur- duct: moval from the Committee offices of such ing tenure with the Select Committee on (1) Notwithstanding any other provision of documents or materials is prohibited except Ethics or its staff. Such information, docu- this section, no adjudicatory review shall be as necessary for use in, or preparation for, ments, or material may be released to an of- initiated of any alleged violation of any law, interviews or Committee meetings, including ficial of the executive branch properly the Senate Code of Official Conduct, rule, or the taking of testimony, or as otherwise spe- cleared for access with a need-to-know, for

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2282 CONGRESSIONAL RECORD—SENATE February 15, 2005 any purpose or in connection with any pro- factual situation pertinent to the conduct or cordance with the provisions and findings of ceeding, judicial or otherwise, as authorized proposed conduct of the person seeking the such advisory opinion shall not, as a result by the Select Committee on Ethics, or in the advisory opinion. of any such act, be subject to any sanction event of termination of the Select Com- (2) The Committee may issue an advisory by the Senate. mittee on Ethics, in such a manner as may opinion in writing within a reasonable time RULE 11: PROCEDURES FOR INTERPRETATIVE be determined by its successor or by the Sen- in response to a written request by any em- RULINGS ate. ployee of the Senate concerning the applica- (a) Basis for Interpretative Rulings: Senate (2) No member of the Select Committee on tion of any law, the Senate Code of Official Resolution 338, 88th Congress, as amended, Ethics staff or any person engaged by con- Conduct, or any rule or regulation of the authorizes the Committee to issue interpre- tract or otherwise to perform services for the Senate within the Committee’s jurisdiction, tative rulings explaining and clarifying the Select Committee on Ethics, shall be grant- to a specific factual situation pertinent to application of any law, the Code of Official ed access to classified or Committee Sen- the conduct or proposed conduct of the per- Conduct, or any rule or regulation of the sitive information or material in the posses- son seeking the advisory opinion. Senate within its jurisdiction. The Com- sion of the Select Committee on Ethics un- (b) Form of Request: A request for an advi- mittee also may issue such rulings clarifying less and until such person agrees in writing, sory opinion shall be directed in writing to or explaining any rule or regulation of the as a condition of employment, to the non- the Chairman of the Committee and shall in- Select Committee on Ethics. disclosure policy. The agreement shall be- clude a complete and accurate statement of (b) Request for Ruling: A request for such come effective when signed by the Chairman the specific factual situation with respect to a ruling must be directed in writing to the and Vice Chairman on behalf of the Com- which the request is made as well as the spe- Chairman or Vice Chairman of the Com- mittee. cific question or questions which the re- mittee. questor wishes the Committee to address. RULE 9: BROADCASTING AND NEWS COVERAGE OF (c) Adoption of Ruling: (c) Opportunity for Comment: COMMITTEE PROCEEDINGS (1) The Chairman and Vice Chairman, act- (1) The Committee will provide an oppor- (a) Whenever any hearing or meeting of the ing jointly, shall issue a written interpreta- tunity for any interested party to comment Committee is open to the public, the Com- tive ruling in response to any such request, on a request for an advisory opinion— mittee shall permit that hearing or meeting unless—— (A) which requires an interpretation on a to be covered in whole or in part, by tele- (A) they cannot agree, significant question of first impression that vision broadcast, radio broadcast, still pho- (B) it requires an interpretation of a sig- will affect more than a few individuals; or tography, or by any other methods of cov- nificant question of first impression, or (B) when the Committee determines that erage, unless the Committee decides by re- (C) either requests that it be taken to the comments from interested parties would be corded vote of not less than four members of Committee, in which event the request shall of assistance. the Committee that such coverage is not ap- be directed to the Committee for a ruling. (2) Notice of any such request for an advi- propriate at a particular hearing or meeting. (2) A ruling on any request taken to the sory opinion shall be published in the Con- (b) Any witness served with a subpoena by Committee under subparagraph (1) shall be gressional Record, with appropriate dele- the Committee may request not to be photo- adopted by a majority of the members voting tions to insure confidentiality, and inter- graphed at any hearing or to give evidence or and the ruling shall then be issued by the ested parties will be asked to submit their testimony while the broadcasting, reproduc- Chairman and Vice Chairman. comments in writing to the Committee with- tion, or coverage of that hearing, by radio, (d) Publication of Rulings: The Committee in ten days. television, still photography, or other meth- will publish in the Congressional Record, (3) All relevant comments received on a ods is occurring. At the request of any such after making appropriate deletions to ensure timely basis will be considered. witness who does not wish to be subjected to confidentiality, any interpretative rulings (d) Issuance of an Advisory Opinion: radio, television, still photography, or other issued under this Rule which the Committee (1) The Committee staff shall prepare a methods of coverage, and subject to the ap- determines may be of assistance or guidance proposed advisory opinion in draft form proval of the Committee, all lenses shall be to other Members, officers or employees. The which will first be reviewed and approved by covered and all microphones used for cov- Committee may at any time revise, with- the Chairman and Vice Chairman, acting erage turned off. draw, or elaborate on interpretative rulings. jointly, and will be presented to the Com- (c) If coverage is permitted, it shall be in (e) Reliance on Rulings: Whenever an indi- mittee for final action. If (A) the Chairman accordance with the following requirements: vidual can demonstrate to the Committee’s and Vice Chairman cannot agree, or (B) ei- (1) Photographers and reporters using me- satisfaction that his or her conduct was in ther the Chairman or Vice Chairman re- chanical recording, filming, or broadcasting good faith reliance on an interpretative rul- quests that it be taken directly to the Com- apparatus shall position their equipment so ing issued in accordance with this Rule, the mittee, then the proposed advisory opinion as not to interfere with the seating, vision, Committee will not recommend sanctions to shall be referred to the Committee for its de- and hearing of the Committee members and the Senate as a result of such conduct. cision. staff, or with the orderly process of the (f) Rulings by Committee Staff: The Com- (2) An advisory opinion shall be issued only meeting or hearing. mittee staff is not authorized to make rul- by the affirmative recorded vote of a major- (2) If the television or radio coverage of the ings or give advice, orally or in writing, ity of the members voting. hearing or meeting is to be presented to the which binds the Committee in any way. (3) Each advisory opinion issued by the public as live coverage, the coverage shall be Committee shall be promptly transmitted RULE 12: PROCEDURES FOR COMPLAINTS INVOLV- conducted and presented without commer- for publication in the Congressional Record ING IMPROPER USE OF THE MAILING FRANK cial sponsorship. after appropriate deletions are made to in- (a) Authority To Receive Complaints: The (3) Personnel providing coverage by the sure confidentiality. The Committee may at Committee is directed by section 6(b) of Pub- television and radio media shall be currently any time revise, withdraw, or elaborate on lic Law 93–191 to receive and dispose of com- accredited to the Radio and Television Cor- any advisory opinion. plaints that a violation of the use of the respondents’ Galleries. (e) Reliance on Advisory Opinions: mailing frank has occurred or is about to (4) Personnel providing coverage by still (1) Any advisory opinion issued by the occur by a Member or officer of the Senate photography shall be currently accredited to Committee under Senate Resolution 338, 88th or by a surviving spouse of a Member. All the Press Photographers’ Gallery Committee Congress, as amended, and the rules may be such complaints will be processed in accord- of Press Photographers. relied upon by— ance with the provisions of these Rules, ex- (5) Personnel providing coverage by the (A) Any person involved in the specific cept as provided in paragraph (b). television and radio media and by still pho- transaction or activity with respect to which (b) Disposition of Complaints: tography shall conduct themselves and the such advisory opinion is rendered if the re- (1) The Committee may dispose of any such coverage activities in an orderly and unob- quest for such advisory opinion included a complaint by requiring restitution of the trusive manner. complete and accurate statement of the spe- cost of the mailing, pursuant to the franking RULE 10: PROCEDURES FOR ADVISORY OPINIONS cific factual situation; and statute, if it finds that the franking viola- (a) When Advisory Opinions Are Rendered: (B) any person involved in any specific tion was the result of a mistake. (1) The Committee shall render an advisory transaction or activity which is indistin- (2) Any complaint disposed of by restitu- opinion, in writing within a reasonable time, guishable in all its material aspects from the tion that is made after the Committee has in response to a written request by a Member transaction or activity with respect to which formally commenced an adjudicatory review, or officer of the Senate or a candidate for such advisory opinion is rendered. must be summarized, together with the dis- nomination for election, or election to the (2) Any person who relies upon any provi- position, in a report to the Senate, as appro- Senate, concerning the application of any sion or finding of an advisory opinion in ac- priate. law, the Senate Code of Official Conduct, or cordance with the provisions of Senate Reso- (3) If a complaint is disposed of by restitu- any rule or regulation of the Senate within lution 338, 88th Congress, as amended, and of tion, the complainant, if any, shall be noti- the Committee’s jurisdiction, to a specific the rules, and who acts in good faith in ac- fied of the disposition in writing.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2283 (c) Advisory Opinions and Interpretative whose services are being utilized on a full- (e) Notice of Summons to Testify: Each Rulings: Requests for advisory opinions or time and continuing basis by a Member, offi- member of the Committee staff or outside interpretative rulings involving franking cer, employee, or committee of the Senate in counsel shall immediately notify the Com- questions shall be processed in accordance accordance with Rule XLI(3) of the Standing mittee in the event that he or she is called with Rules 10 and 11. Rules of the Senate; and upon by a properly constituted authority to RULE 13: PROCEDURES FOR WAIVERS (9) Any other individual whose full-time testify or provide confidential information services are utilized for more than 90 days in obtained as a result of and during his or her (a) Authority for Waivers: The Committee a calendar year by a Member, officer, em- employment with the Committee. is authorized to grant a waiver under the fol- ployee, or committee of the Senate in the lowing provisions of the Standing Rules of RULE 16: CHANGES IN SUPPLEMENTARY conduct of official duties in accordance with the Senate: PROCEDURAL RULES (1) Section 101(h) of the Ethics in Govern- Rule XLI(4) of the Standing Rules of the (a) Adoption of Changes in Supplementary ment Act of 1978, as amended (Rule XXXIV), Senate. Rules: The Rules of the Committee, other relating to the filing of financial disclosure RULE 15: COMMITTEE STAFF than rules established by statute, or by the reports by individuals who are expected to (a) Committee Policy: Standing Rules and Standing Orders of the perform or who have performed the duties of (1) The staff is to be assembled and re- Senate, may be modified, amended, or sus- their offices or positions for less than one tained as a permanent, professional, non- pended at any time, pursuant to a recorded hundred and thirty days in a calendar year; partisan staff. vote of not less than four members of the full (2) Section 102(a)(2)(D) of the Ethics in (2) Each member of the staff shall be pro- Committee taken at a meeting called with Government Act, as amended (Rule XXXIV), fessional and demonstrably qualified for the due notice when prior written notice of the relating to the reporting of gifts; position for which he or she is hired. proposed change has been provided each (3) Paragraph 1 of Rule XXXV relating to (3) The staff as a whole and each member member of the Committee. acceptance of gifts; or of the staff shall perform all official duties (b) Publication: Any amendments adopted (4) Paragraph 5 of Rule XLI relating to ap- in a nonpartisan manner. to the Rules of this Committee shall be pub- plicability of any of the provisions of the (4) No member of the staff shall engage in lished in the Congressional Record in accord- Code of Official Conduct to an employee of any partisan political activity directly af- ance with Rule XXVI(2) of the Standing the Senate hired on a per diem basis. fecting any congressional or presidential Rules of the Senate. election. (b) Requests for Waivers: A request for a f waiver under paragraph (a) must be directed (5) No member of the staff or outside coun- to the Chairman or Vice Chairman in writing sel may accept public speaking engagements RULES OF PROCEDURE—COM- and must specify the nature of the waiver or write for publication on any subject that MITTEE ON HOMELAND SECU- being sought and explain in detail the facts is in any way related to his or her employ- RITY AND GOVERNMENTAL AF- alleged to justify a waiver. In the case of a ment or duties with the Committee without FAIRS specific advance permission from the Chair- request submitted by an employee, the views Ms. COLLINS. Mr. President, pursu- of his or her supervisor (as determined under man and Vice Chairman. (6) No member of the staff may make pub- paragraph 12 of Rule XXXVII of the Standing ant to the requirements of rule XXVI, lic, without Committee approval, any Com- Rules of the Senate) should be included with section 2, of the Standing Rules of the mittee Sensitive or classified information, the waiver request. Senate, I ask unanimous consent to documents, or other material obtained dur- (c) Ruling: The Committee shall rule on a have printed in the RECORD the rules of ing the course of his or her employment with waiver request by recorded vote with a ma- the Committee on Homeland Security the Committee. jority of those voting affirming the decision. (b) Appointment of Staff: and Governmental Affairs for the 109th With respect to an individual’s request for a (1) The appointment of all staff members Congress adopted by the committee on waiver in connection with the acceptance or shall be approved by the Chairman and Vice February 10, 2005. reporting the value of gifts on the occasion Chairman, acting jointly. There being no objection, the mate- of the individual’s marriage, the Chairman (2) The Committee may determine by ma- rial was ordered to be printed in the and the Vice Chairman, acting jointly, may jority vote that it is necessary to retain staff RECORD, as follows: rule on the waiver. members, including a staff recommended by (d) Availability of Waiver Determinations: a special counsel, for the purpose of a par- RULES OF THE SENATE COMMITTEE ON HOME- A brief description of any waiver granted by ticular preliminary inquiry, adjudicatory re- LAND SECURITY AND GOVERNMENTAL AF- the Committee, with appropriate deletions view, or other proceeding. Such staff shall be FAIRS to ensure confidentiality, shall be made retained only for the duration of that par- RULE 1. MEETINGS AND MEETING PROCEDURES available for review upon request in the ticular undertaking. OTHER THAN HEARINGS Committee office. Waivers granted by the (3) The Committee is authorized to retain A. Meeting dates. The Committee shall Committee pursuant to the Ethics in Gov- and compensate counsel not employed by the hold its regular meetings on the first Thurs- ernment Act of 1978, as amended, may only Senate (or by any department or agency of day of each month, when the Congress is in be granted pursuant to a publicly available the Executive Branch of the Government) session, or at such other times as the chair- request as required by the Act. whenever the Committee determines that man shall determine. Additional meetings RULE 14: DEFINITION OF ‘‘OFFICER OR the retention of outside counsel is necessary may be called by the chairman as he/she EMPLOYEE’’ or appropriate for any action regarding any deems necessary to expedite Committee (a) As used in the applicable resolutions complaint or allegation, preliminary in- business. (Rule XXVI, Sec. 3, Standing Rules and in these rules and procedures, the term quiry, adjudicatory review, or other pro- of the Senate.) ‘‘officer or employee of the Senate’’ means: ceeding, which in the determination of the B. Calling special Committee meetings. If (1) An elected officer of the Senate who is Committee, is more appropriately conducted at least three members of the Committee de- not a Member of the Senate; by counsel not employed by the Government sire the chairman to call a special meeting, (2) An employee of the Senate, any com- of the United States as a regular employee. they may file in the offices of the Committee mittee or subcommittee of the Senate, or The Committee shall retain and compensate a written request therefor, addressed to the any Member of the Senate; outside counsel to conduct any adjudicatory chairman. Immediately thereafter, the clerk (3) The Legislative Counsel of the Senate review undertaken after a preliminary in- of the committee shall notify the chairman or any employee of his office; quiry, unless the Committee determines that of such request. If, within 3 calendar days (4) An Official Reporter of Debates of the the use of outside counsel is not appropriate after the filing of such request, the chairman Senate and any person employed by the Offi- in the particular case. fails to call the requested special meeting, cial Reporters of Debates of the Senate in (c) Dismissal of Staff: A staff member may which is to be held within 7 calendar days connection with the performance of their of- not be removed for partisan, political rea- after the filing of such request, a majority of ficial duties; sons, or merely as a consequence of the rota- the committee members may file in the of- (5) A member of the Capitol Police force tion of the Committee membership. The fices of the committee their written notice whose compensation is disbursed by the Sec- Chairman and Vice Chairman, acting jointly, that a special Committee meeting will be retary of the Senate; shall approve the dismissal of any staff held, specifying the date and hour thereof, (6) An employee of the Vice President, if member. and the Committee shall meet on that date such employee’s compensation is disbursed (d) Staff Works for Committee as Whole: and hour. by the Secretary of the Senate; All staff employed by the Committee or Immediately upon the filing of such notice, (7) An employee of a joint committee of housed in Committee offices shall work for the Committee clerk shall notify all Com- the Congress whose compensation is dis- the Committee as a whole, under the general mittee members that such special meeting bursed by the Secretary of the Senate; direction of the Chairman and Vice Chair- will be held and inform them of its date and (8) An officer or employee of any depart- man, and the immediate direction of the hour. (Rule XXVI, Sec. 3, Standing Rules of ment or agency of the Federal Government staff director or outside counsel. the Senate.)

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2284 CONGRESSIONAL RECORD—SENATE February 15, 2005 C. Meeting notices and agenda. Written no- mittee or Subcommittee may act in closed bers who are actually present at the time the tices of Committee meetings, accompanied session for so long as there is doubt of the as- vote is taken. (Rule XXVI, Sec. 7(a)(1) and by an agenda, enumerating the items of busi- surance of order. (Rule XXVI, Sec. 5(d), (3), Standing Rules of the Senate.) ness to be considered, shall be sent to all Standing Rules of the Senate.) C. Proxy voting. Proxy voting shall be al- Committee members at least 3 days in ad- E. Prior notice of first degree amendments. lowed on all measures and matters before the vance of such meetings, excluding Satur- It shall not be in order for the committee, or Committee, or any Subcommittee thereof, days, Sundays, and legal holidays in which a Subcommittee thereof, to consider any except that, when the Committee, or any the Senate is not in session. The written no- amendment in the first degree proposed to Subcommittee thereof, is voting to report a tices required by this Rule may be provided any measure under consideration by the measure or matter, proxy votes shall be al- by electronic mail. In the event that unfore- Committee or Subcommittee unless a writ- lowed solely for the purposes of recording a seen requirements or Committee business ten copy of such amendment has been deliv- member’s position on the pending question. prevent a 3-day notice of either the meeting ered to each member of the Committee or Proxy voting shall be allowed only if the ab- or agenda, the Committee staff shall commu- Subcommittee, as the case may be, and to sent Committee or Subcommittee member nicate such notice and agenda, or any revi- the office of the Committee or Sub- has been informed of the matter on which he/ sions to the agenda, as soon as practicable committee, at least 24 hours before the meet- she is being recorded and has affirmatively by telephone or otherwise to members or ap- ing of the Committee or Subcommittee at requested that he or she be so recorded. All propriate staff assistants in their offices. which the amendment is to be proposed. The proxies shall be filed with the chief clerk of D. Open business meetings. Meetings for written copy of amendments in the first de- the Committee or Subcommittee thereof, as the transaction of Committee or Sub- gree required by this Rule may be provided the case may be. All proxies shall be in writ- committee business shall be conducted in by electronic mail. This subsection may be ing and shall contain sufficient reference to open session, except that a meeting or series waived by a majority of the members the pending matter as is necessary to iden- of meetings on the same subject for a period present. This subsection shall apply only tify it and to inform the Committee or Sub- of no more than 14 calendar days may be when at least 72 hours written notice of a committee as to how the member establishes closed to the public on a motion made and session to mark-up a measure is provided to his or her vote to be recorded thereon. (Rule seconded to go into closed session to discuss the Committee or Subcommittee. XXVI, Sec. 7(a)(3) and 7(c)(1), Standing Rules only whether the matters enumerated in F. Meeting transcript. The Committee or of the Senate.) clauses (1) through (6) below would require Subcommittee shall prepare and keep a com- D. Announcement of vote. the meeting to be closed, followed imme- plete transcript or electronic recording ade- (1) Whenever the Committee by roll call diately by a record vote in open session by a quate to fully record the proceeding of each vote reports any measure or matter, the re- majority of the Committee or Subcommittee meeting whether or not such meeting or any port of the Committee upon such a measure members when it is determined that the part thereof is closed to the public, unless a or matter shall include a tabulation of the matters to be discussed or the testimony to majority of the Committee or Subcommittee votes cast in favor of and the votes cast in be taken at such meeting or meetings— members vote to forgo such a record. (Rule opposition to such measure or matter by (1) will disclose matters necessary to be XXVI, Sec. 5(e), Standing Rules of the Sen- each member of the Committee. (Rule XXVI, kept secret in the interests of national de- ate.) Sec. 7(c), Standing Rules of the Senate.) fense or the confidential conduct of foreign RULE 2. QUORUMS (2) Whenever the Committee by roll call relations of the United States; vote acts upon any measure or amendment A. Reporting measures and matters. A ma- (2) will relate solely to matters of Com- thereto, other than reporting a measure or jority of the members of the Committee mittee or Subcommittee staff personnel or matter, the results thereof shall be an- shall constitute a quorum for reporting to internal staff management or procedure; nounced in the Committee report on that the Senate any measures, matters or rec- (3) will tend to charge an individual with measure unless previously announced by the ommendations. (Rule XXVI, Sec. 7(a)(1), crime or misconduct, to disgrace or injure Committee, and such announcement shall in- Standing Rules of the Senate.) the professional standing of an individual, or clude a tabulation of the votes cast in favor B. Transaction of routine business. One- otherwise expose an individual to public con- of and the votes cast in opposition to each third of the membership of the Committee tempt or obloquy or will represent a clearly such measure and amendment thereto by shall constitute a quorum for the trans- unwarranted invasion of the privacy of an in- each member of the Committee who was action of routine business, provided that one dividual; present at the meeting. (Rule XXVI, Sec. member of the minority is present. For the (4) will disclose the identity of an informer 7(b), Standing Rules of the Senate.) purpose of this paragraph, the term ‘‘routine or law enforcement agent or will disclose (3) In any case in which a roll call vote is business’’ includes the convening of a meet- any information relating to the investiga- announced, the tabulation of votes shall ing and the consideration of any business of tion or prosecution of a criminal offense that state separately the proxy vote recorded in the Committee other than reporting to the is required to be kept secret in the interests favor of and in opposition to that measure, Senate any measures, matters or rec- of effective law enforcement; amendment thereto, or matter. (Rule XXVI, ommendations. (Rule XXVI, Sec. 7(a)(1), (5) will disclose information relating to the Sec. 7(b) and (c), Standing Rules of the Sen- Standing Rules of the Senate.) trade secrets of financial or commercial in- ate.) C. Taking testimony. One member of the formation pertaining specifically to a given E. Polling. Committee shall constitute a quorum for person if— (1) The Committee, or any Subcommittee taking sworn or unsworn testimony. (Rule (A) an Act of Congress requires the infor- thereof, may poll (a) internal Committee or XXVI, Sec. 7(a)(2) and 7(c)(2), Standing Rules mation to be kept confidential by Govern- Subcommittee matters including the Com- of the Senate.) ment officers and employees; or mittee’s or Subcommittee’s staff, records D. Subcommittee quorums. Subject to the (B) the information has been obtained by and budget; (b) steps in an investigation, in- provisions of sections 7(a) (1) and (2) of Rule the Government on a confidential basis, cluding issuance of subpoenas, applications XXVI of the Standing Rules of the Senate, other than through an application by such for immunity orders, and requests for docu- the Subcommittees of this Committee are person for a specific Government financial or ments from agencies; and (c) other Com- authorized to establish their own quorums other benefit, and is required to be kept se- mittee or Subcommittee business other than for the transaction of business and the tak- cret in order to prevent undue injury to the a vote on reporting to the Senate any meas- ing of sworn testimony. competitive position of such person; or ures, matters or recommendations or a vote E. Proxies prohibited in establishment of (6) may divulge matters required to be on closing a meeting or hearing to the pub- quorum. Proxies shall not be considered for kept confidential under other provisions of lic. the establishment of a quorum. law or Government regulations. (Rule XXVI, (2) Only the chairman, or a Committee Sec. 5(b), Standing Rules of the Senate.) Not- RULE 3. VOTING member or staff officer designated by him/ withstanding the foregoing, whenever dis- A. Quorum required. Subject to the provi- her, may undertake any poll of the members order arises during a Committee or Sub- sions of subsection (E), no vote may be taken of the Committee. If any member requests, committee meeting that is open to the pub- by the Committee, or any Subcommittee any matter to be polled shall be held for lic, or any demonstration of approval or dis- thereof, on any measure or matter unless a meeting rather than being polled. The chief approval is indulged in by any person in at- quorum, as prescribed in the preceding sec- clerk of the Committee shall keep a record tendance at any such meeting, it shall be the tion, is actually present. of polls; if a majority of the members of the duty of the chairman to enforce order on his B. Reporting measures and matters. No Committee determine that the polled matter or her own initiative and without any point measure, matter or recommendation shall be is in one of the areas enumerated in sub- of order being made by a member of the reported from the Committee unless a ma- section (D) of Rule 1, the record of the poll Committee or Subcommittee; provided, fur- jority of the Committee members are actu- shall be confidential. Any Committee mem- ther, that when the chairman finds it nec- ally present, and the vote of the Committee ber may move at the Committee meeting fol- essary to maintain order, he/she shall have to report a measure or matter shall require lowing the poll for a vote on the polled deci- the power to clear the room, and the Com- the concurrence of a majority of those mem- sion, such motion and vote to be subject to

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2285 the provisions of subsection (D) of Rule 1, Sec. 5(b), Standing Rules of the Senate.) Not- executive session and subsequently quoted or where applicable. withstanding the foregoing, whenever dis- made part of the record in a public session RULE 4. CHAIRMANSHIP OF MEETINGS AND order arises during a Committee or Sub- shall be provided to any witness at his or her HEARINGS committee meeting that is open to the pub- expense if he or she so requests. Upon in- lic, or any demonstration of approval or dis- specting his or her transcript, within a time The chairman shall preside at all Com- approval is indulged in by any person in at- limit set by the chief clerk of the Com- mittee meetings and hearings except that he/ tendance at any such meeting, it shall be the mittee, a witness may request changes in the she shall designate a temporary chairman to duty of the chairman to enforce order on his/ transcript to correct errors of transcription act in his/her place if he/she is unable to be her own initiative and without any point of and grammatical errors; the chairman or a present at a scheduled meeting or hearing. If order being made by a member of the Com- staff officer designated by him/her shall rule the chairman (or his/her designee) is absent mittee or Subcommittee; provided, further, on such requests. 10 minutes after the scheduled time set for a that when the chairman finds it necessary to F. Impugned persons. Any person whose meeting or hearing, the ranking majority maintain order, he/she shall have the power name is mentioned or is specifically identi- member present shall preside until the chair- to clear the room, and the Committee or fied, and who believes that evidence pre- man’s arrival. If there is no member of the Subcommittee may act in closed session for sented, or comment made by a member of majority present, the ranking minority so long as there is doubt of the assurance of the Committee or staff officer, at a public member present, with the prior approval of order. (Rule XXVI, Sec. 5(d), Standing rules hearing or at a closed hearing concerning the chairman, may open and conduct the of the Senate.) which there have been public reports, tends meeting or hearing until such time as a C. Full Committee subpoenas. The chair- to impugn his or her character or adversely member of the majority arrives. man, with the approval of the ranking mi- affect his or her reputation may: RULE 5. HEARINGS AND HEARINGS PROCEDURES nority member of the Committee, is author- (a) File a sworn statement of facts relevant A. Announcement of hearings. The Com- ized to subpoena the attendance of witnesses to the evidence or comment, which state- mittee, or any Subcommittee thereof, shall or the production of memoranda, documents, ment shall be considered for placement in make public announcement of the date, records, or any other materials at a hearing the hearing record by the Committee; time, and subject matter of any hearing to or deposition, provided that the chairman (b) Request the opportunity to appear per- be conducted on any measure or matter at may subpoena attendance or production sonally before the Committee to testify in least 1 week in advance of such hearing, un- without the approval of the ranking minor- his or her own behalf, which request shall be less the Committee, or Subcommittee, deter- ity member where the chairman or staff offi- considered by the Committee; and mines that there is good cause to begin such cer designated by him/her has not received (c) Submit questions in writing which he hearing at an earlier date. (Rule XXVI, Sec. notification from the ranking minority or she requests be used for the cross-exam- 4(a), Standing rules of the Senate.) member or a staff officer designated by him/ ination of other witnesses called by the Com- B. Open hearings. Each hearing conducted her of disapproval of the subpoena within 72 mittee, which questions shall be considered by the Committee, or any Subcommittee hours, excluding Saturdays and Sundays, of for use by the Committee. thereof, shall be open to the public, except being notified of the subpoena. If a subpoena G. Radio, television, and photography. The that a hearing or series of hearings on the is disapproved by the ranking minority Committee, or any Subcommittee thereof, same subject for a period of no more than 14 member as provided in this subsection, the may permit the proceedings of hearings calendar days may be closed to the public on subpoena may be authorized by vote of the which are open to the public to be photo- a motion made and seconded to go into members of the Committee. When the Com- graphed and broadcast by radio, television or closed session to discuss only whether the mittee or chairman authorizes subpoenas, both, subject to such conditions as the Com- matters enumerated in clauses (1) through subpoenas may be issued upon the signature mittee, or Subcommittee, may impose. (Rule (6) below would require the hearing to be of the chairman or any other member of the XXVI, Sec. 5(c), Standing Rules of the Sen- closed, followed immediately by a record Committee designated by the chairman. ate.) vote in open session by a majority of the D. Witness counsel. Counsel retained by H. Advance statements of witnesses. A wit- Committee or Subcommittee members when any witness and accompanying such witness ness appearing before the Committee, or any it is determined that the matters to be dis- shall be permitted to be present during the Subcommittee thereof, shall provide 100 cop- cussed or the testimony to be taken at such testimony of such witness at any public or ies of a written statement and an executive hearing or hearings— executive hearing or deposition to advise summary or synopsis of his proposed testi- (1) will disclose matters necessary to be such witness while he or she is testifying, of mony at least 48 hours prior to his appear- kept secret in the interests of national de- his or her legal rights, provided, however, ance. This requirement may be waived by fense or the confidential conduct of foreign that in the case of any witness who is an offi- the chairman and the ranking minority relations of the United States; cer or employee of the government, or of a member following their determination that (2) will relate solely to matters of Com- corporation or association, the Committee there is good cause for failure of compliance. mittee or Subcommittee staff personnel or chairman may rule that representation by (Rule XXVI, Sec. 4(b), Standing Rules of the internal staff management or procedure; counsel from the government, corporation, Senate.) (3) will tend to charge an individual with or association or by counsel representing, I. Minority witnesses. In any hearings con- crime or misconduct, to disgrace or injure other witnesses, creates a conflict of inter- ducted by the Committee, or any Sub- the professional standing of an individual, or est, and that the witness may only be rep- committee thereof, the minority members of otherwise expose an individual to public con- resented during interrogation by staff or the Committee or Subcommittee shall be en- tempt or obloquy or will represent a clearly during testimony before the Committee by titled, upon request to the chairman by a unwarranted invasion of the privacy of an in- personal counsel not from the government, majority of the minority members, to call dividual; corporation, or association or by personal witnesses of their selection during at least 1 (4) will disclose the identity of an informer counsel not representing other witnesses. day of such hearings. (Rule XXVI, Sec. 4(d), or law enforcement agent or will disclose This subsection shall not be construed to ex- Standing Rules of the Senate.) any information relating to the investiga- cuse a witness from testifying in the event J. Full Committee depositions. Depositions tion or prosecution of a criminal offense that his or her counsel is ejected for conducting may be taken prior to or after a hearing as is required to be kept secret in the interests himself or herself in such manner so as to provided in this subsection. of effective law enforcement; prevent, impede, disrupt, obstruct or inter- (1) Notices for the taking of depositions (5) will disclose information relating to the fere with the orderly administration of the shall be authorized and issued by the chair- trade secrets of financial or commercial in- hearings; nor shall this subsection be con- man, with the approval of the ranking mi- formation pertaining specifically to a given strued as authorizing counsel to coach the nority member of the Committee, provided person if— witness or answer for the witness. The fail- that the chairman may initiate depositions (A) an Act of Congress requires the infor- ure of any witness to secure counsel shall without the approval of the ranking minor- mation to be kept confidential by Govern- not excuse such witness from complying ity member where the chairman or a staff of- ment officers and employees; or with a subpoena or deposition notice. ficer designated by him/her has not received (B) the information has been obtained by E. Witness transcripts. An accurate elec- notification from the ranking minority the Government on a confidential basis, tronic or stenographic record shall be kept of member or a staff officer designated by him/ other than through an application by such the testimony of all witnesses in executive her of disapproval of the deposition within 72 person for a specific Government financial or and public hearings. The record of his or her hours, excluding Saturdays and Sundays, of other benefit, and is required to be kept se- testimony whether in public or executive being notified of the deposition notice. If a cret in order to prevent undue injury to the session shall be made available for inspec- deposition notice is disapproved by the rank- competitive position of such person; or tion by the witness or his or her counsel ing minority members as provided in this (6) may divulge matters required to be under Committee supervision; a copy of any subsection, the deposition notice may be au- kept confidential under other provisions of testimony given in public session or that thorized by a vote of the members of the law or Government regulations. (Rule XXVI, part of the testimony given by the witness in Committee. Committee deposition notices

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2286 CONGRESSIONAL RECORD—SENATE February 15, 2005 shall specify a time and place for examina- Standing Rules of the Senate, and shall be in thorized to establish meeting dates and tion, and the name of the Committee mem- accordance with the established practices adopt rules not inconsistent with the rules of ber or members or staff officer or officers followed by the Committee. Upon completion the Committee except as provided in Rules who will take the deposition. Unless other- of such draft reports, copies thereof shall be 2(D) and 7(E). wise specified, the deposition shall be in pri- filed with the chief clerk of the Committee E. Subcommittee subpoenas. Each Sub- vate. The Committee shall not initiate pro- at the earliest practicable time. committee is authorized to adopt rules con- cedures leading to criminal or civil enforce- E. Impact statements in reports. All Com- cerning subpoenas which need not be con- ment proceedings for a witness’ failure to ap- mittee reports, accompanying a bill or joint sistent with the rules of the Committee; pro- pear or produce unless the deposition notice resolution of a public character reported by vided, however, that in the event the Sub- was accompanied by a Committee subpoena. the Committee, shall contain (1) an esti- committee authorizes the issuance of a sub- (2) Witnesses may be accompanied at a mate, made by the Committee, of the costs poena pursuant to its own rules, a written deposition by counsel to advise them of their which would be incurred in carrying out the notice of intent to issue the subpoena shall legal rights, subject to the provisions of Rule legislation for the then current fiscal year be provided to the chairman and ranking mi- 5D. and for each of the next 5 years thereafter nority member of the Committee, or staff of- (3) Oaths at depositions may be adminis- (or for the authorized duration of the pro- ficers designated by them, by the Sub- tered by an individual authorized by local posed legislation, if less than 5 years); and (2) committee chairman or a staff officer des- law to administer oaths. Questions shall be a comparison of such cost estimates with ignated by him/her immediately upon such authorization, and no subpoena shall be propounded orally by Committee member or any made by a Federal agency; or (3) in lieu issued for at least 48 hours, excluding Satur- members or staff. If a witness objects to a of such estimate or comparison, or both, a days and Sundays, from delivery to the ap- question and refuses to testify, the objection statement of the reasons for failure by the propriate offices, unless the chairman and shall be noted for the record and the Com- Committee to comply with these require- ranking minority member waive the 48 hour mittee member or members or staff may pro- ments as impracticable, in the event of in- waiting period or unless the Subcommittee ceed with the remainder of the deposition. ability to comply therewith. (Rule XXVI, chairman certifies in writing to the chair- (4) The Committee shall see that the testi- Sec. 11(a), Standing Rules of the Senate.) man and ranking minority member that, in mony is transcribed or electronically re- Each such report shall also contain an his/her opinion, it is necessary to issue a sub- corded (which may include audio or audio/ evaluation, made by the Committee, of the poena immediately. video recordings). If it is transcribed, the regulatory impact which would be incurred F. Subcommittee budgets. During the first transcript shall be made available for inspec- in carrying out the bill or joint resolution. year of a new Congress, each Subcommittee tion by the witness or his or her counsel The evaluation shall include (a) an estimate that requires authorization for the expendi- under Committee supervision. The witness of the numbers of individuals and businesses ture of funds for the conduct of inquiries and shall sign a copy of the transcript and may who would be regulated and a determination investigations, shall file with the chief clerk request changes to it, which shall be handled of the groups and classes of such individuals of the Committee, by a date and time pre- in accordance with the procedure set forth in and businesses, (b) a determination of the scribed by the Chairman, its request for subsection (E). If the witness fails to sign a economic impact of such regulation on the funds for the two (2) 12-month periods begin- copy, the staff shall note that fact on the individuals, consumers, and businesses af- ning on March 1 and extending through and transcript. The individual administering the fected, (c) a determination of the impact on including the last day of February of the 2 oath shall certify on the transcript that the the personal privacy of the individuals af- following years, which years comprise that witness was duly sworn in his presence, the fected, and (d) a determination of the Congress. Each such request shall be sub- transcriber shall certify that the transcript amount of paperwork that will result from mitted on the budget form prescribed by the is a true record of the testimony, and the the regulations to be promulgated pursuant Committee on Rules and Administration, transcript shall then be filed with the chief to the bill or joint resolution, which deter- and shall be accompanied by a written jus- clerk of the Committee. The chairman or a mination may include, but need not be lim- tification addressed to the chairman of the staff officer designated by him may stipulate ited to, estimates of the amount of time and Committee, which shall include (1) a state- with the witness to changes in the proce- financial costs required of affected parties, ment of the Subcommittee’s area of activi- dure, deviations from this procedure which showing whether the effects of the bill or ties, (2) its accomplishments during the pre- do not substantially impair the reliability of joint resolution could be substantial, as well ceding Congress detailed year by year, and the record shall not relieve the witness from as reasonable estimates of the record keep- (3) a table showing a comparison between (a) his or her obligation to testify truthfully. ing requirements that may be associated the funds authorized for expenditure during the preceding Congress detailed year by RULE 6. COMMITTEE REPORTING PROCEDURES with the bill or joint resolution. Or, in lieu year, (b) the funds actually expended during A. Timely filing. When the Committee has of the forgoing evaluation, the report shall include a statement of the reasons for failure that Congress detailed year by year, (c) the ordered a measure or matter reported fol- amount requested for each year of the Con- lowing final action the report thereon shall by the Committee to comply with these re- quirements as impracticable, in the event of gress, and (d) the number of professional and be filed in the Senate at the earliest prac- clerical staff members and consultants em- ticable time. (Rule XXVI Sec. 20(b), Standing inability to comply therewith. (Rule XXVI, Sec. 11(b), Standing Rules of the Senate.) ployed by the Subcommittee during the pre- Rules of the Senate.) ceding Congress detailed year by year and B. Supplemental, minority, and additional RULE 7. SUBCOMMITTEES AND SUBCOMMITTEE the number of such personnel requested for views. A member of the Committee who PROCEDURES each year of the Congress. The chairman gives notice of his or her intention to file A. Regularly established Subcommittees. may request additional reports from the supplemental minority or additional views The Committee shall have three regularly Subcommittees regarding their activities at the time of final Committee approval of a established Subcommittees. The Subcommit- and budgets at any time during a Congress. measure or matter, shall be entitled to not tees are as follows: (Rule XXVI, Sec. 9, Standing Rules of the less than 3 calendar days in which to file Permanent Subcommittee on Investiga- Senate.) such views, in writing, with the chief clerk tions RULE 8. CONFIRMATION STANDARDS AND of the Committee. Such views shall then be Oversight of Government Management, the PROCEDURES included in the Committee report and print- Federal Workforce, and the District of Co- A. Standards. In considering a nomination, ed in the same volume, as a part thereof, and lumbia the Committee shall inquire into the nomi- their inclusion shall be noted on the cover of Federal Financial Management, Govern- nee’s experience, qualifications, suitability, the report. In the absence of timely notice, ment Information, and International Secu- and integrity to serve in the position to the Committee report may be filed and rity which he or she has been nominated. The printed immediately without such views, B. Ad hoc Subcommittees. Following con- Committee shall recommend confirmation, (Rule XXVI, Sec. 10(c), Standing Rules of the sultation with the ranking minority mem- upon finding that the nominee has the nec- Senate.) ber, the chairman shall, from time to time, essary integrity and is affirmatively quali- C. Notice by Subcommittee chairmen. The establish such ad hoc Subcommittees as he/ fied by reason of training, education, or ex- chairman of each Subcommittee shall notify she deems necessary to expedite Committee perience to carry out the functions of the of- the chairman in writing whenever any meas- business. fice to which he or she was nominated. ure has been ordered reported by such Sub- C. Subcommittee membership. Following B. Information Concerning the Nominee. committee and is ready for consideration by consultation with the majority members, Each nominee shall submit the following in- the full Committee. and the ranking minority member of the formation to the Committee: D. Draft reports of Subcommittees. All Committee, the chairman shall announce se- (1) A detailed biographical resume which draft reports prepared by Subcommittees of lections for membership on the Subcommit- contains information relating to education, this Committee on any measure or matter tees referred to in paragraphs A and B, employment and achievements; referred to it by the chairman, shall be in above. (2) Financial information, in such speci- the form, style, and arrangement required to D. Subcommittee meetings and hearings. ficity as the Committee deems necessary, in- conform to the applicable provisions of the Each Subcommittee of this Committee is au- cluding a list of assets and liabilities of the

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A mark-up on a and he has always been one of the peo- Committee may request, such as responses nomination shall not occur on the same day ple I have admired most in the world. I to questions concerning the policies and pro- that the hearing on the nominee is held. In have consistently been impressed by grams the nominee intends to pursue upon order to assist the Committee in reaching a his insights, his commitment to peace, taking office. At the request of the chairman recommendation on confirmation, the staff and his dedication to the people of or the ranking minority member, a nominee may make an oral presentation to the Com- Northern Ireland. He is truly a profile shall be required to submit a certified finan- mittee at the mark-up, factually summa- in courage, and he won the Nobel Prize cial statement compiled by an independent rizing the nominee’s background and the auditor. Information received pursuant to steps taken during the pre-hearing inquiry. for it in 1998. this subsection shall be made available for G. Application. The procedures contained I first contacted John in 1972, shortly public inspection; provided, however, that in subsections (C), (D), (E), and (F) of this after he founded the Social Democratic tax returns shall, after review by persons rule shall apply to persons nominated by the and Labour Party in Northern Ireland. designated in subsection (C) of this rule, be President to positions requiring their full- I was planning a trip to Western Eu- placed under seal to ensure confidentiality. time service. At the discretion of the chair- rope for a NATO meeting in Bonn. I C. Procedures for Committee inquiry. The man and ranking minority member, those was concerned about the violence Committee shall conduct an inquiry into the procedures may apply to persons nominated erupting in Northern Ireland, and I was experience, qualifications, suitability, and by the President to serve on a part-time told that John Hume was the best per- integrity of nominees, and shall give par- basis. ticular attention to the following matters: son to see in the North. So I called him RULE 9. PERSONNEL ACTIONS AFFECTING in Derry, and said: ‘‘Mr. Hume, it’s Ted (1) A review of the biographical informa- COMMITTEE STAFF tion provided by the nominee, including, but Kennedy. I understand you’re the per- In accordance with Rule XLII of the Stand- not limited to, any professional activities re- son to talk to about what’s going on ing Rules of the Senate and the Congres- lated to the duties of the office to which he sional Accountability Act of 1995 (P.L. 104–1), over there.’’ He didn’t believe it. He or she is nominated; all personnel actions affecting the staff of said: ‘‘Pull my other leg.’’ (2) A review of the financial information the Committee shall be made free from any I resisted though and told him that I provided by the nominee, including tax re- discrimination based on race, color, religion, would be in Bonn for the meeting of turns for the 3 years preceding the time of sex, national origin, age, state of physical his or her nomination; NATO. He graciously agreed to meet handicap, or disability. (3) A review of any actions, taken or pro- me there, and it was the beginning of posed by the nominee, to remedy conflicts of f our extraordinary friendship over the years. interest; and LOCAL LAW ENFORCEMENT (4) A review of any personal or legal mat- John has been an indispensable voice ENHANCEMENT ACT OF 2005 ter which may bear upon the nominee’s for peace and reconciliation in North- qualifications for the office to which he or Mr. SMITH. Mr. President, I rise ern Ireland. His call for respect for she is nominated. For the purpose of assist- today speak about the need for hate both the Catholic and the Protestant ing the Committee in the conduct of this in- crimes legislation. Each Congress, Sen- quiry, a majority investigator or investiga- traditions has been eloquent and his- ator KENNEDY and I introduce hate tors shall be designated by the chairman and toric for more than three decades. a minority investigator or investigators crimes legislation that would add new In a very real sense, it was John who, shall be designated by the ranking minority categories to current hate crimes law, in large part, became the glue that member. The chairman, ranking minority sending a signal that violence of any held Northern Ireland together, halted member, other members of the Committee kind is unacceptable in our society. the descent into anarchy and civil war, and designated investigators shall have ac- Likewise, each Congress I have come to and produced realistic hope for peace cess to all investigative reports on nominees the floor to highlight a separate hate and further progress. prepared by any Federal agency, except that crime that has occurred in our coun- In 1983, largely as a result of John’s only the chairman, the ranking minority try. member, or other members of the Com- efforts, the principal political parties mittee, upon request, shall have access to Last summer, a young man and two in Ireland and the SDLP in Northern the report of the Federal Bureau of Inves- of his gay friends were on their way to Ireland established what was called the tigation. The Committee may request the as- a bar. A 38-year-old male confronted New Ireland Forum. It developed new sistance of the General Accounting Office one of the gay men and began to harass ideas for peace, and prepared a land- and any other such expert opinion as may be him. When the victim’s friend tried to mark report that laid the groundwork necessary in conducting its review of infor- intervene, the assailant struck him in for an unprecedented, new initiative on mation provided by nominees. the head multiple times with a base- the North between Britain and Ireland, D. Report on the Nominee. After a review ball bat believing that he was also gay. of all information pertinent to the nomina- culminating in 1985 with the signing of tion, a confidential report on the nominee He was treated for skull fractures, cra- the historic Anglo-Irish Agreement by shall be made in the case of judicial nomi- nial bleeding, and a blood clot in the Margaret Thatcher of Great Britain nees and may be made in the case of non-ju- brain. and Garret FitzGerald of Ireland. dicial nominees by the designated investiga- The Government’s first duty is to de- That in turn led to the cease-fire by tors to the chairman and the ranking minor- fend its citizens, to defend them the Irish Republican Army in 1994, the ity member and, upon request, to any other against the harms that come out of famous Good Friday Agreement in 1998, member of the Committee. The report shall hate. The Local Law Enforcement En- and the further progress that has summarize the steps taken by the Com- hancement Act is a symbol that can mittee during its investigation of the nomi- brought both sides so close to a perma- nee and the results of the Committee in- become substance. By passing this leg- nent peace today. quiry, including any unresolved matters that islation and changing current law, we John has been a familiar face to have been raised during the course of the in- can change hearts and minds as well. many of us in the United States over quiry. f the years. Perhaps his greatest E. Hearings. The Committee shall conduct achievement was educating Irish Amer- a public hearing during which the nominee JOHN HUME—LEADER FOR PEACE ica about the conflict and the most ef- shall be called to testify under oath on all IN NORTHERN IRELAND fective way forward. matters relating to his or her suitability for Mr. KENNEDY. Mr. President, it is The civil rights movement in the office, including the policies and programs which he or she will pursue while in that po- with great honor that I submitted this United States in the 1960s planted the sition. No hearing shall be held until at least resolution, S. Res. 54, paying tribute to seed for a comparable movement by 72 hours after the following events have oc- John Hume. Throughout the long and the Catholic minority in Northern Ire- curred: The nominee has responded to pre- difficult years of civil strife and tur- land. But, as the movement gained

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2288 CONGRESSIONAL RECORD—SENATE February 15, 2005 strength, it encountered intense resist- ern Electric developed WOWnet, a high class. She offered freely of herself, at ance, and there was a very real feeling speed, wireless internet service for un- the young age of 13, in an effort to help that violence was the only path to a derserved areas. Similarly, Dennis the students with special needs to better future. Much of Irish America helped finance the construction of Ab- move toward greater independence. agreed with that view, and there was a erdeen’s first ‘‘smart park,’’ a 150-acre In a State like South Dakota, selfless strong financial support in the United industrial park wired for high-speed acts of goodwill toward the community States for the IRA. telecommunications. are often commonplace. Michelle and John Hume changed all that. He be- In addition to his tremendous con- Molly stand out, however, for their came an apostle of nonviolence, just as tributions to rural South Dakota, Den- constant contributions to others with- Martin Luther King did at a critical nis, a native of Gettysburg, SD, is also out consideration for themselves. The time in our own civil rights movement. a Vietnam veteran. Following his grad- Prudential Spirit of Community The violence began to ebb, and more uation from Gettysburg High School in Awards program has considered more and more citizens in Northern Ireland 1961, Dennis served in the U.S. Army than 20,000 young people this year and recognized that peaceful change could and Iowa National Guard from 1965 to Michelle and Molly are among the be achieved in a way that would benefit 1969. handful selected for the honor. people of both communities in the Dennis has always been devoted to I heartily applaud Michelle and North. Others had important roles as improving conditions in the commu- Molly for their initiative in seeking to well, but at a critical time in the his- nities he served. As a result, he is a make others’ lives better. They have tory of Northern Ireland, John Hume founding member of the Rural Electric demonstrated a level of commitment stepped up and led the way toward Economic Development Revolving and service that many adults will peace, and history will honor him for- Loan Fund, REED, and is actively in- never achieve. They are shining exam- ever for all he did so well. volved with numerous local boards and ples, to young and old alike, of selfless The pending resolution pays tribute organizations. REED, a nonprofit cor- public service. I would also like to rec- to John Hume’s brilliant achievements poration that provides financing for ognize Kelly Fawcett of Miller and in the cause of peace for all the people projects in small communities and Kirstin Hanson of Elk Point, who were of Northern Ireland, and I urge my col- rural areas of South Dakota, is cred- named Distinguished Finalists for their leagues to support it. ited with creating more than 3,000 jobs outstanding volunteer service. f throughout South Dakota. Addition- The actions of all of these young peo- ally, Dennis is chairman of Avera St. ple demonstrate that young Americans ADDITIONAL STATEMENTS Luke’s Board of Directors, and is a can, and do, play important roles in member of St. Luke’s Foundation their communities, and that America’s HONORING THE CAREER OF Board. Also, he serves on the Northern youth continue to hold tremendous ∑ DENNIS HAGNY Electric Regional Board of the Gov- promise for the future. ernors Office of Economic Develop- f ∑ Mr. JOHNSON. Mr. President, I rise ment, the Presentation College Board today to publicly commend Mr. Dennis of Trustees, and is founding and past MESSAGES FROM THE PRESIDENT Hagny, general manager and chief ex- member of South Dakota Rural Enter- Messages from the President of the ecutive officer of Northern Electric Co- prise. He is also a life member of Vet- United States were communicated to operative, for devoting more than 40 erans of Foreign Wars and the Amer- the Senate by Ms. Evans, one of his years of service to advancing the ambi- ican Legion. secretaries. tions and objectives of the rural elec- It is with great honor that I share f tric program. After four decades with Dennis’ accomplishments with my col- Northern Electric, Dennis is retiring leagues and publicly commend him for EXECUTIVE MESSAGES REFERRED and looks forward to traveling with his his excellent service to South Dakota. As in executive session the Presiding wife, Mary, and visiting their two chil- I wish him the very best, along with Officer laid before the Senate messages dren, Jennifer and Jeff. his wife, Mary; their two children, Jen- from the President of the United Over the years, Dennis guided North- nifer and Jeff; and their three grand- States submitting sundry nominations ern Electric as it grew from a basic children.∑ which were referred to the appropriate electric service provider into a progres- f committees. sive electric system that currently (The nominations received today are serves more than 6,000 residential, farm SOUTH DAKOTAN STUDENTS HONORED printed at the end of the Senate pro- and industrial customers. Under Den- ceedings.) nis’ leadership, Northern Electric head- ∑ Mr. THUNE. Mr. President, I con- ed up many projects designed to tech- gratulate and honor two young South f nologically integrate South Dakota, Dakota students who have achieved na- MEASURES PLACED ON THE such as the North Central Area Inter- tional recognition for exemplary vol- CALENDAR connect, which Northern Electric built unteer service in their communities. The following bill was read the first and funded. North Central Area Inter- Michelle Rydell of Vermillion and and second times by unanimous con- connect, created in 1993, is a fully- Molly Stehly of Sioux Falls have just sent, and placed on the calendar. interactive long distance learning sys- been named State Honorees in the 2005 S. 384. A bill to extend the existence of the tem comprised of eight school dis- Prudential Spirit of Community Nazi War Crimes and Japanese Imperial Gov- tricts, spanning three separate coun- Awards program. They have proved ernment Records Interagency Working ties. This system provides high school themselves to be a part of the extraor- Group for 2 years. students the opportunity to take col- dinary youth of our country who un- f lege level classes via personal com- derstand the importance of civic duty puter. Likewise, Dennis’ innovation and service in the community. EXECUTIVE AND OTHER and commitment to rural communities Michelle is being recognized for her COMMUNICATIONS inspired the creation of Northern Rural creation of a ‘‘Dream Team’’ that col- The following communications were Cable TV, the Nation’s first rural coop- lected essential goods for impoverished laid before the Senate, together with erative wireless cable television sys- people in Guatemala and helped raise accompanying papers, reports, and doc- tem. awareness of poverty in the region. She uments, and were referred as indicated: Dennis has used Northern Electric to gave more than goods to the people of EC–728. A communication from the Pro- connect South Dakotans not only with a foreign land, she gave them hope. gram Analyst, Federal Aviation Administra- each other, but with the global market, Molly is being recognized for her help tion, Department of Transportation, trans- as well. During Dennis’ tenure, North- with her mother’s special education mitting, pursuant to law, the report of a rule

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2289 entitled ‘‘Revision of Emergency Evacuation tion, Department of Transportation, trans- EC–748. A communication from the Admin- Demonstration Procedures to Improve Par- mitting, pursuant to law, the report of a rule istrator, Agricultural Marketing Service, ticipant Safety’’ ((RIN2120–AF21) (2005–0001)) entitled ‘‘Modification of Class E Airspace; Fruit and Vegetable Programs, Department received on February 1, 2005; to the Com- Kennett, MO’’ (RIN2120–AA66) received on of Agriculture, transmitting, pursuant to mittee on Commerce, Science, and Transpor- February 1, 2005; to the Committee on Com- law, the report of a rule entitled ‘‘Proposed tation. merce, Science, and Transportation. Data Collection, Reporting, and Record- EC–729. A communication from the Pro- EC–739. A communication from the Pro- keeping Requirements Applicable to Cran- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- berries Not Subject to the Cranberry Mar- tion, Department of Transportation, trans- tion, Department of Transportation, trans- keting Order’’ (Docket Number: FV01–926–1 mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule FR) received on February 7, 2005; to the Com- entitled ‘‘Miscellaneous Cabin Safety entitled ‘‘Correction to Class E Airspace; Du- mittee on Agriculture, Nutrition, and For- Changes’’ (2120–AF77) received on February 1, rango, CO’’ (RIN2120–AA66) received on Feb- estry. 2005; to the Committee on Commerce, ruary 1, 2005; to the Committee on Com- EC–749. A communication from the Con- Science, and Transportation. merce, Science, and Transportation. gressional Review Coordinator, Animal and EC–730. A communication from the Pro- EC–740. A communication from the Pro- Plant Health Inspection Service, Department gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- of Agriculture, transmitting, pursuant to tion, Department of Transportation, trans- tion, Department of Transportation, trans- law, the report of a rule entitled ‘‘Spring Vi- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule remia of Carp; Payment of Indemnity’’ entitled ‘‘Airspace Designations; Incorpora- entitled ‘‘Establishment of Class E Airspace; (Docket Number 02–091–2) received on Feb- tion by Reference’’ (RIN2120–ZZ61) received Jonesville, VA’’ (RIN2120–AA66) received on ruary 8, 2005; to the Committee on Agri- on February 1, 2005; to the Committee on February 1, 2005; to the Committee on Com- culture, Nutrition, and Forestry. Commerce, Science, and Transportation. merce, Science, and Transportation. EC–750. A communication from the Direc- EC–731. A communication from the Pro- EC–741. A communication from the Pro- tor, Regulatory Review Group, Department gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- of Agriculture/FSA, transmitting, pursuant tion, Department of Transportation, trans- tion, Department of Transportation, trans- to law, the report of a rule entitled ‘‘Non- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule recourse Marketing Assistance Loan and entitled ‘‘Process for Requesting Waiver of entitled ‘‘Modification of Restricted Areas Loan Deficiency Payment Regulations for Mandatory Separation Age for Certain Fed- 3801A, 3801B, and 3801C, Camp Clairborne, Honey’’ (RIN0560–AH18) received on February eral Aviation Administration (FAA) Air LA’’ (RIN2120–AA66) received on February 1, 8, 2005; to the Committee on Agriculture, Nu- Traffic Control Specialists’’ (2120–AI18) re- 2005; to the Committee on Commerce, trition, and Forestry. ceived on February 1, 2005; to the Committee Science, and Transportation. EC–751. A communication from the Direc- EC–742. A communication from the Pro- on Commerce, Science, and Transportation. tor, Regulatory Review Group, Department gram Analyst, Federal Aviation Administra- EC–732. A communication from the Pro- of Agriculture/FSA, transmitting, pursuant tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- to law, the report of a rule entitled ‘‘2004 mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Ewe Lamb Replacement and Retention Pay- entitled ‘‘Modification of Class E Airspace; mitting, pursuant to law, the report of a rule ment Program’’ (RIN0560–AH15) received on St. Francis, KS’’ (RIN2120–AA66) received on entitled ‘‘DOD Commercial Air Carrier Eval- February 8, 2005; to the Committee on Agri- February 1, 2005; to the Committee on Com- uators; Request for Comments’’ (RIN2120– culture, Nutrition, and Forestry. merce, Science, and Transportation. AI00) received on February 1, 2005; to the EC–752. A communication from the Deputy Committee on Commerce, Science, and EC–743. A communication from the Direc- tor, Regulations Management, National Associate Administrator, Office of the Ad- Transportation. ministrator, Environmental Protection EC–733. A communication from the Pro- Cemetery Administration, Department of Agency, transmitting, pursuant to law, the gram Analyst, Federal Aviation Administra- Veterans Affairs, transmitting, pursuant to report of a rule entitled ‘‘Bacillus pumilus tion, Department of Transportation, trans- law, the report of a rule entitled ‘‘Relocation GB34; Exemption from the Requirement of a mitting, pursuant to law, the report of a rule of National Cemetery Administration Regu- Tolerance’’ (FRL–7682–6) received on Feb- entitled ‘‘Regulation of Fractional Aircraft lations’’ (RIN2900–AM10) received February ruary 8, 2005; to the Committee on Agri- Ownership Programs and On-Demand Oper- 8, 2005; to the Committee on Veterans’ Af- culture, Nutrition, and Forestry. ations; Correction’’ (RIN2120–AH06) received fairs. EC–753. A communication from the Prin- on February 1, 2005; to the Committee on EC–744. A communication from the Direc- cipal Deputy Associate Administrator, Office Commerce, Science, and Transportation. tor, Regulations Management, Veterans EC–734. A communication from the Pro- Health Administration, Department of Vet- of Policy, Economics, and Innovation, Envi- gram Analyst, Federal Aviation Administra- erans Affairs, transmitting, pursuant to law, ronmental Protection Agency, transmitting, tion, Department of Transportation, trans- the report of a rule entitled ‘‘Payment for pursuant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule Non-VA Physician and Other Health Care ‘‘Thiamethoxam; Pesticide Tolerances for entitled ‘‘Picture Identification Require- Professional Services Associated with Either Emergency Exceptions’’ (FRL No. 7696–8) re- ments; Correction’’ (RIN2120–AH76) received Outpatient or Inpatient Care Provided at ceived on February 8, 2005; to the Committee on February 1, 2005; to the Committee on Non-VA Facilities’’ (RIN2900–AK94) received on Agriculture, Nutrition, and Forestry. Commerce, Science, and Transportation. on February 8, 2005; to the Committee on EC–754. A communication from the Prin- EC–735. A communication from the Pro- Veterans’ Affairs. cipal Deputy Associate Administrator, Office gram Analyst, Federal Aviation Administra- EC–745. A communication from the Chief, of Policy, Economics, and Innovation, Envi- tion, Department of Transportation, trans- Regulations Management, Veterans Benefits ronmental Protection Agency, transmitting, mitting, pursuant to law, the report of a rule Administration, Department of Veterans Af- pursuant to law, the report of a rule entitled entitled ‘‘Establishment of Jet Route 187, fairs, transmitting, pursuant to law, the re- ‘‘Pesticides; Removal of Expired Time-Lim- and Revision of Jet Routes 180 and 181; MO’’ port of a rule entitled ‘‘Loan Guaranty: Im- ited Tolerances for Emergency Exemptions’’ (RIN2120–AA66) received on February 1, 2005; plementation of Public Law 107–103’’ (FRL No. 7690–6) received on February 8, 2005; to the Committee on Commerce, Science, (RIN2900–AL23) received on February 8, 2005; to the Committee on Agriculture, Nutrition, and Transportation. to the Committee on Veterans’ Affairs. and Forestry. EC–736. A communication from the Pro- EC–746. A communication from the Assist- EC–755. A communication from the Rules gram Analyst, Federal Aviation Administra- ant General Counsel for Regulations, Office Administrator, Office of General Counsel, tion, Department of Transportation, trans- of Housing, Department of Housing and Federal Bureau of Prisons, Department of mitting, pursuant to law, the report of a rule Urban Development, transmitting, pursuant Justice, transmitting, pursuant to law, the entitled ‘‘Establishment of Class E Airspace; to law, the report of a rule entitled ‘‘Eligi- report of a rule entitled ‘‘Community Con- Kotzebue, AK’’ (2120–AA66) received on Feb- bility of Mortgages on Hawaiian Home Lands finement’’ ((RIN1120–AB27)(70 FR 1659)) re- ruary 1, 2005; to the Committee on Com- Insured Under Section 247’’ (RIN2502–AH92) ceived February 8, 2005; to the Committee on merce, Science, and Transportation. received on February 8, 2005; to the Com- the Judiciary. EC–737. A communication from the Pro- mittee on Banking, Housing, and Urban Af- EC–756. A communication from the Acting gram Analyst, Federal Aviation Administra- fairs. Chief, Publications and Regulations, Inter- tion, Department of Transportation, trans- EC–747. A communication from Assistant nal Revenue Service, Department of the mitting, pursuant to law, the report of a rule Secretary for Housing, Federal Housing Treasury, transmitting, pursuant to law, the entitled ‘‘Modification of Class E Airspace; Commissioner, Department of Housing and report of a rule entitled ‘‘Tentative Differen- Lamar, MO’’ (RIN2120–AA66) received on Urban Development, transmitting, pursuant tial Earnings Rate for 2004 Under Section 809 February 1, 2005; to the Committee on Com- to law, an update on the status of the report (Notice 2005–18) received on February 8, 2005; merce, Science, and Transportation. required by the LEGACY Act of 2003, re- to the Committee on Finance. EC–738. A communication from the Pro- ceived on February 8, 2005; to the Committee EC–757. A communication from the Direc- gram Analyst, Federal Aviation Administra- on Banking, Housing, and Urban Affairs. tor, Regulations Policy and Management

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Staff, Food and Drug Administration, De- By Mr. BIDEN (for himself, Mr. SPEC- By Mr. HAGEL (for himself, Mr. ALEX- partment of Health and Human Services, TER, Mrs. FEINSTEIN, Mr. KYL, and ANDER, Mr. CRAIG, and Mrs. DOLE): transmitting, pursuant to law, the report of Mr. ALLEN): S. 387. A bill to amend the Internal Rev- a rule entitled ‘‘Gastroenterology-Urology S. 378. A bill to make it a criminal act to enue Code of 1986 to provide tax incentives Devices; Classification for External Penile willfully use a weapon with the intent to for the investment in greenhouse gas inten- Rigidity Devices’’ (Docket No. 1998N–1111) re- cause death or serious bodily injury to any sity reduction projects, and for other pur- ceived on February 7, 2005; to the Committee person while on board a passenger vessel, and poses; to the Committee on Finance. on Health, Education, Labor, and Pensions. for other purposes; to the Committee on the By Mr. HAGEL (for himself, Mr. ALEX- EC–758. A communication from the Direc- Judiciary. ANDER, Mr. CRAIG, and Mrs. DOLE): tor, Regulations Policy and Management By Ms. MIKULSKI (for herself, Mr. S. 388. A bill to amend the Energy Policy Staff, Food and Drug Administration, De- SARBANES, Mr. DURBIN, and Mr. Act of 1992 to direct the Secretary of Energy partment of Health and Human Services, OBAMA): to carry out activities that promote the transmitting, pursuant to law, the report of S. 379. A bill to build capacity at commu- adoption of technologies that reduce green- a rule entitled ‘‘Secondary Direct Food Addi- nity colleges in order to meet increased de- house gas intensity and to provide credit- tives Permitted in Food for Human Con- mand for community college education while based financial assistance and investment sumption’’ (Docket No. 2003F–0128) received maintaining the affordable tuition rates and protection for projects that employ advanced on February 7, 2005; to the Committee on the open-door policy that are the hallmarks climate technologies or systems, to provide Health, Education, Labor, and Pensions. of the community college system; to the for the establishment of a national green- EC–759. A communication from the Direc- Committee on Health, Education, Labor, and house gas registry, and for other purposes; to tor, Regulations Policy and Management Pensions. the Committee on Energy and Natural Re- Staff, Food and Drug Administration, De- By Ms. COLLINS (for herself, Mr. sources. partment of Health and Human Services, PRYOR, Mr. DEWINE, Mr. BINGAMAN, By Mr. DURBIN: transmitting, pursuant to law, the report of Mr. SMITH, Mr. LIEBERMAN, and Mr. S. 389. A bill to provide for fire safety a rule entitled ‘‘Public Information Regula- COLEMAN): standards for cigarettes, and for other pur- tions; Withdrawal’’ (Docket No. 2004N–0214) S. 380. A bill to amend the Public Health poses; to the Committee on Commerce, received on February 8, 2005; to the Com- Service Act to establish a State family sup- Science, and Transportation. mittee on Health, Education, Labor, and port grant program to end the practice of By Mr. DODD (for himself and Mr. BUN- Pensions. parents giving legal custody of their seri- NING): EC–760. A communication from the Sec- ously emotionally disturbed children to S. 390. A bill to amend title XVIII of the retary of Health and Human Services, trans- State agencies for the purpose of obtaining Social Security Act to provide for coverage mitting, pursuant to law, the Department’s mental health services for those children; to of ultrasound screening for abdominal aortic Annual Report on the Implementation of the the Committee on Health, Education, Labor, aneurysms under part B of the medicare pro- Age Discrimination Act of 1975 during Fiscal and Pensions. gram; to the Committee on Finance. Year 2003, received February 8, 2005; to the By Mr. SMITH (for himself, Mr. CON- f Committee on Health, Education, Labor, and RAD, Ms. SNOWE, and Mrs. CLINTON): Pensions. S. 381. A bill to amend the Internal Rev- SUBMISSION OF CONCURRENT AND EC–761. A communication from the Direc- enue Code of 1986 to encourage guaranteed SENATE RESOLUTIONS tor, Regulations Policy and Management lifetime income payments from annuities The following concurrent resolutions Staff, Food and Drug Administration, De- and similar payments of life insurance pro- and Senate resolutions were read, and partment of Health and Human Services, ceeds at dates later than death by excluding referred (or acted upon), as indicated: transmitting, pursuant to law, the report of from income a portion of such payments; to a rule entitled ‘‘Biological Products; Bac- the Committee on Finance. By Mr. FEINGOLD: S. Con. Res. 12. A concurrent resolution terial Vaccines and Toxoids; Implementation By Mr. ENSIGN (for himself, Mr. SPEC- providing that any agreement relating to of Efficacy Review; Withdrawal’’ (Docket No. TER, Ms. CANTWELL, Mrs. FEINSTEIN, trade and investment that is negotiated by 1980N–0208) received on February 8, 2005; to Mr. DEWINE, Mr. KENNEDY, Mr. KYL, the executive branch with another country the Committee on Health, Education, Labor, Mr. KOHL, Mr. LUGAR, Mr. VITTER, must comply with certain minimum stand- and Pensions. Mr. LEAHY, and Mr. SANTORUM): EC–762. A communication from the Direc- S. 382. A bill to amend title 18, United ards; to the Committee on Finance. tor, National Science Foundation, transmit- States Code, to strengthen prohibitions By Mr. SUNUNU: ting, pursuant to law, the Foundation’s re- against animal fighting, and for other pur- S. Con. Res. 13. A concurrent resolution port on its competitive sourcing efforts for poses; to the Committee on the Judiciary. congratulating ASME on their 125th anniver- sary, celebrating the achievements of ASME Fiscal Year 2004, received February 11, 2005; By Mr. MCCAIN: to the Committee on Health, Education, S. 383. A bill to shorten the term of broad- members, and expressing the gratitude of the Labor, and Pensions. casting licenses under the Communications American people for ASME’s contributions; considered and agreed to. f Act of 1934 from 8 to 3 years, to provide bet- ter public access to broadcasters’ public in- f INTRODUCTION OF BILLS AND terest issues and programs lists and chil- ADDITIONAL COSPONSORS JOINT RESOLUTIONS dren’s programming reports, and for other The following bills and joint resolu- purposes; to the Committee on Commerce, S. 3 tions were introduced, read the first Science, and Transportation. At the request of Mr. GREGG, the By Mr. DEWINE (for himself, Mr. COR- name of the Senator from Louisiana and second times by unanimous con- NYN, and Mrs. FEINSTEIN): sent, and referred as indicated: (Mr. VITTER) was added as a cosponsor S. 384. A bill to extend the existence of the of S. 3, a bill to strengthen and protect By Mr. BAYH (for himself, Mr. CRAIG, Nazi War Crimes and Japanese Imperial Gov- America in the war on terror. and Ms. LANDRIEU): ernment Records Interagency Working S. 375. A bill to amend the Public Health Group for 2 years; placed on the calendar. S. 50 Service Act to provide for an influenza vac- By Mr. GRASSLEY (for himself, Mr. At the request of Mr. INOUYE, the cine awareness campaign, ensure a sufficient DORGAN, Mr. HAGEL, and Mr. JOHN- name of the Senator from Maryland influenza vaccine supply, and prepare for an SON): (Mr. SARBANES) was added as a cospon- influenza pandemic or epidemic, to amend S. 385. A bill to amend the Food Security sor of S. 50, a bill to authorize and the Internal Revenue Code of 1986 to encour- Act of 1985 to restore integrity to and strengthen the National Oceanic and age vaccine production capacity, and for strengthen payment limitation rules for other purposes; to the Committee on Fi- commodity payments and benefits; to the Atmospheric Administration’s tsunami nance. Committee on Agriculture, Nutrition, and detection, forecast, warning, and miti- By Mrs. HUTCHISON: Forestry. gation program, and for other pur- S. 376. A bill to improve intermodal ship- By Mr. HAGEL (for himself, Mr. ALEX- poses. ping container transportation security; to ANDER, Mr. CRAIG, and Mrs. DOLE): S. 98 the Committee on Commerce, Science, and S. 386. A bill to direct the Secretary of At the request of Mr. ALLARD, the Transportation. State to carry out activities that promote name of the Senator from California By Mr. LIEBERMAN: the adoption of technologies that reduce S. 377. A bill to require negotiation and ap- greenhouse gas intensity in developing coun- (Mrs. BOXER) was added as a cosponsor propriate action with respect to certain tries, while promoting economic develop- of S. 98, a bill to amend the Bank Hold- countries that engage in currency manipula- ment, and for other purposes; to the Com- ing Company Act of 1956 and the Re- tion; to the Committee on Finance. mittee on Foreign Relations. vised Statutes of the United States to

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At the request of Mr. HAGEL, his sor of S. 362, a bill to establish a pro- S. 117 name was added as a cosponsor of S. gram within the National Oceanic and At the request of Mrs. FEINSTEIN, the 306, a bill to prohibit discrimination on Atmospheric Administration and the names of the Senator from California the basis of genetic information with United States Coast Guard to help (Mrs. BOXER) and the Senator from respect to health insurance and em- identify, determine sources of, assess, reduce, and prevent marine debris and Washington (Ms. CANTWELL) were ployment. added as cosponsors of S. 117, a bill to At the request of Ms. SNOWE, the its adverse impacts on the marine envi- amend the Higher Education Act of name of the Senator from New Jersey ronment and navigation safety, in co- 1965 to extend loan forgiveness for cer- (Mr. LAUTENBERG) was added as a co- ordination with non-Federal entities, tain loans to Head Start teachers. sponsor of S. 306, supra. and for other purposes. S. 323 S. 363 S. 125 At the request of Mr. TALENT, the At the request of Mr. INOUYE, the At the request of Mrs. BOXER, the name of the Senator from Missouri name of the Senator from Maryland name of the Senator from New York (Mr. BOND) was added as a cosponsor of (Mr. SARBANES) was added as a cospon- (Mrs. CLINTON) was added as a cospon- S. 323, a bill to authorize the Secretary sor of S. 363, a bill to amend the Non- sor of S. 125, a bill to designate the of the Interior to study the suitability indigenous Aquatic Nuisance Preven- United States courthouse located at 501 and feasibility of designating the tion and Control Act of 1990 to estab- I Street in Sacramento, California, as French Colonial Heritage Area in the lish vessel ballast water management the ‘‘Robert T. Matsui United States State of Missouri as a unit of the Na- requirements, and for other purposes. Courthouse’’. tional Park System, and for other pur- S. 364 S. 132 poses. At the request of Mr. INOUYE, the At the request of Mr. SMITH, the S. 333 name of the Senator from Maryland name of the Senator from Indiana (Mr. At the request of Mr. SANTORUM, the (Mr. SARBANES) was added as a cospon- BAYH) was added as a cosponsor of S. name of the Senator from Texas (Mr. sor of S. 364, a bill to establish a pro- 132, a bill to amend the Internal Rev- CORNYN) was added as a cosponsor of S. gram within the National Oceanic At- enue Code of 1986 to allow a deduction 333, a bill to hold the current regime in mospheric Administration to integrate for premiums on mortgage insurance. Iran accountable for its threatening be- Federal coastal and ocean mapping ac- S. 188 havior and to support a transition to tivities. At the request of Mrs. FEINSTEIN, the democracy in Iran. S. 368 name of the Senator from Pennsyl- S. 338 At the request of Mr. LAUTENBERG, vania (Mr. SPECTER) was added as a co- At the request of Mr. SMITH, the the names of the Senator from Wash- sponsor of S. 188, a bill to amend the names of the Senator from Louisiana ington (Ms. CANTWELL) and the Senator Immigration and Nationality Act to (Ms. LANDRIEU), the Senator from Ne- from New Jersey (Mr. CORZINE) were authorize appropriations for fiscal braska (Mr. HAGEL), the Senator from added as cosponsors of S. 368, a bill to years 2005 through 2011 to carry out the New Jersey (Mr. LAUTENBERG), the Sen- provide assistance to reduce teen preg- State Criminal Alien Assistance Pro- ator from Arizona (Mr. MCCAIN) and nancy, HIV/AIDS, and other sexually gram. the Senator from Washington (Mrs. transmitted diseases and to support S. 282 MURRAY) were added as cosponsors of healthy adolescent development. At the request of Mr. DODD, the S. 338, a bill to provide for the estab- S. 370 names of the Senator from Maryland lishment of a Bipartisan Commission At the request of Mr. LOTT, the (Mr. SARBANES) and the Senator from on Medicaid. names of the Senator from South Caro- Hawaii (Mr . INOUYE) were added as co- S. 357 lina (Mr. GRAHAM), the Senator from sponsors of S. 282, a bill to amend the At the request of Mr. BINGAMAN, the Louisiana (Mr. VITTER) and the Sen- Family and Medical Leave Act of 1993 names of the Senator from Texas (Mr. ator from Arizona (Mr. MCCAIN) were to expand the scope of the Act, and for CORNYN), the Senator from California added as cosponsors of S. 370, a bill to other purposes. (Mrs. BOXER) and the Senator from Col- preserve and protect the free choice of orado (Mr. SALAZAR) were added as co- individual employees to form, join, or S. 285 sponsors of S. 357, a bill to expand and assist labor organizations, or to refrain At the request of Mr. BOND, the name enhance postbaccalaureate opportuni- from such activities. of the Senator from Delaware (Mr. ties at Hispanic-serving institutions, S.J. RES. 4 BIDEN) was added as a cosponsor of S. and for other purposes. At the request of Mr. CONRAD, the 285, a bill to reauthorize the Children’s S. 358 name of the Senator from Illinois (Mr. Hospitals Graduate Medical Education At the request of Mr. DURBIN, the DURBIN) was added as a cosponsor of Program. name of the Senator from Ohio (Mr. S.J. Res. 4, a joint resolution providing S. 288 DEWINE) was added as a cosponsor of S. for congressional disapproval of the At the request of Mr. GREGG, the 358, a bill to maintain and expand the rule submitted by the Department of name of the Senator from Maine (Ms. steel import licensing and monitoring Agriculture under chapter 8 of title 5, COLLINS) was added as a cosponsor of S. program. United States Code, relating to risk 288, a bill to extend Federal funding for S. 359 zones for introduction of bovine operation of State high risk health in- At the request of Mr. CRAIG, the spongiform encephalopathy. surance pools. name of the Senator from Florida (Mr. S. CON. RES. 9 S. 296 NELSON) was added as a cosponsor of S. At the request of Mr. ENSIGN, the At the request of Mr. KOHL, the 359, a bill to provide for the adjustment names of the Senator from New Hamp- names of the Senator from Ohio (Mr. of status of certain foreign agricultural shire (Mr. GREGG), the Senator from DEWINE), the Senator from Rhode Is- workers, to amend the Immigration Virginia (Mr. WARNER) and the Senator land (Mr. REED), the Senator from Con- and Nationality Act to reform the H-2A from Mississippi (Mr. COCHRAN) were necticut (Mr. LIEBERMAN), the Senator worker program under that Act, to pro- added as cosponsors of S. Con. Res. 9, a from New York (Mr. SCHUMER) and the vide a stable, legal agricultural work- concurrent resolution recognizing the Senator from Vermont (Mr. JEFFORDS) force, to extend basic legal protections second century of Big Brothers Big Sis- were added as cosponsors of S. 296, a and better working conditions to more ters, and supporting the mission and bill to authorize appropriations for the workers, and for other purposes. goals of that organization.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2292 CONGRESSIONAL RECORD—SENATE February 15, 2005 S. RES. 44 in the majority’s priority legislative dirty bomb after it is unloaded onto At the request of Mr. ALEXANDER, the package and look forward to working U.S. soil may be too late. names of the Senator from Nebraska with other Members of Congress to en- I urge my colleagues to support this (Mr. HAGEL), the Senator from Illinois sure that the most comprehensive legislation and I ask unanimous con- (Mr. DURBIN), the Senator from Arkan- piece of legislation possible can be ap- sent that the text of the bill be printed sas (Mrs. LINCOLN), the Senator from proved. We must move quickly to pass in the RECORD. California (Mrs. FEINSTEIN), the Sen- legislation that ensures sufficient flu There being no objection, the bill was ator from Massachusetts (Mr. KEN- vaccine supply, encourages an increase ordered to be printed in the RECORD, as NEDY), the Senator from South Caro- in production capacity, supports a flu follows: lina (Mr. DEMINT), the Senator from vaccine awareness campaign, and pre- S. 376 Alaska (Mr. STEVENS), the Senator pares the United States to combat a Be it enacted by the Senate and House of Rep- from New Jersey (Mr. LAUTENBERG) and pandemic or epidemic. resentatives of the United States of America in the Senator from North Carolina (Mrs. Congress assembled, DOLE) were added as cosponsors of S. By Mrs. HUTCHISON: SECTION 1. SHORT TITLE. Res. 44, a resolution celebrating Black S. 376. A bill to improve intermodal This Act may be cited as the ‘‘Intermodal History Month. shipping container transportation se- Shipping Container Security Act’’. S. RES. 54 curity; to the Committee on Com- SEC. 2. NATIONAL TRANSPORTATION SECURITY STRATEGY. At the request of Mr. LAUTENBERG, merce, Science, and Transportation. In carrying out section 114(f) of title 49, his name was added as a cosponsor of Mrs. HUTCHISON. Mr. President, I United States Code, the Under Secretary of S. Res. 54, a resolution paying tribute rise to introduce a bill that will make Homeland Security for Border and Transpor- to John Hume. much-needed improvements to our con- tation Security shall take into account the f tainer security system. The Federal National Maritime Transportation Security Government currently has no coordi- Plan prepared under section 70103 of title 46, STATEMENTS ON INTRODUCED nated strategy which integrates the United States Code, by the Secretary of the BILLS AND JOINT RESOLUTIONS many aspects of inter-modal container department in which the Coast Guard is op- By Mr. BAYH (for himself, Mr. shipping. erating when the plan is prepared in order to ensure that the strategy for dealing with CRAIG, and Ms. LANDRIEU): We may not be able to physically S. 375. A bill to amend the Public threats to transportation security developed screen every container on the move in under section 114(f)(3) of title 49, United Health Service Act to provide for an in- our Nation’s vast economy, but we States Code, incorporates relevant aspects of fluenza vaccine awareness campaign, should not leave vast shipments of the National Maritime Transportation Secu- ensure a sufficient influenza vaccine cargo completely unchecked. My bill rity Plan and addresses all modes of com- supply, and prepare for an influenza lays out a systematic plan to coordi- mercial transportation to, from, and within pandemic or epidemic, to amend the nate and expand existing methods of the United States. Internal Revenue Code of 1986 to en- screening and securing materials using SEC. 3. COMPREHENSIVE STRATEGIC PLAN FOR courage vaccine production capacity, available technology. INTERMODAL SHIPPING CONTAINER and for other purposes; to the Com- SECURITY. The cost to the U.S. economy of port (a) STRATEGIC PLAN.— mittee on Finance. closures on the West Coast due to a (1) IN GENERAL.—Within 180 days after the Mr. CRAIG. Mr. President, I rise labor dispute last year was approxi- date of enactment of this Act, the Secretary today to encourage increased produc- mately $1 billion per day for the first of Homeland Security shall submit to the tion of influenza vaccines in the United five days, and rose sharply thereafter. Senate Committee on Commerce, Science, States. I am happy to honor my com- These disruptions have become so cost- and Transportation and the House of Rep- resentatives Committee on Transportation mitment to reintroduce the Flu Pro- ly because the container shipping sys- tection Act of 2005, along with Senator and Infrastructure a strategic plan for inte- tem is designed for speed and effi- BAYH. grating security for all modes of transpor- ciency; as a result, the U.S. and its We dodged a bullet this year because tation by which intermodal shipping con- we had a relatively mild flu season. global trading partners have in effect tainers arrive, depart, or move in interstate commerce in the United States that— Also, because the administration and become hostages to a ‘‘just-in-time’’ distribution model where any disrup- (A) takes into account the security-related public health officials did an excellent authorities and missions of all Federal, job of immediately addressing the vac- tion of the system has far reaching and immediate global impact. State, and local law enforcement agencies cine shortage when it was announced that relate to the movement of intermodal in October. While this season’s vaccine I am eager to prevent a similar situa- shipping containers via air, rail, maritime, shortage didn’t have as strong an im- tion from occurring, since in my home or highway transportation in the United pact as it might have, we should not go State the Port of Houston, a $15 billion States; and a day without looking for a path to- petrochemical complex, is the second- (B) establishes as a goal the creation of a comprehensive, integrated strategy for ward solving this problem so that we largest port in the U.S. and first in international tonnage. Texas has 13 intermodal shipping container security that don’t have the same issues in years to encompasses the authorities and missions of come. We may not always be so fortu- deepwater ports, many of which subse- quently move freight by rail, a model all those agencies and sets forth specific ob- nate. Scientists believe that the return jectives, mechanisms, and a schedule for of an especially strong pandemic strain typical nationwide. achieving that goal. of flu is overdue. This legislation sup- My bill will require the Department (2) UPDATES.—The Secretary shall revise ports the administration’s efforts to of Homeland Security to incorporate the plan from time to time take steps to prepare for the imminent aviation, maritime, rail and highway (c) IDENTIFICATION OF PROBLEM AREAS.—In security in a single plan. We need a co- developing the strategic plan required by threat of avian flu. subsection (a), the Secretary shall consult The Bush administration has made ordinated strategy to make the most of federal, state, and local capabilities. with all Federal, State, and local govern- progress on this issue, but Congress ment agencies responsible for security mat- needs to address the underlying prob- The bill requires a ‘‘smart box’’ ters that affect or relate to the movement of lems. The United States is disturbingly standard to reduce the cost of inspect- intermodal shipping containers via air, rail, underprepared to deal with a massive ing shipping containers and calls for all maritime, or highway transportation in the outbreak or a sudden shortage of vac- containers to meet this standard by United States in order to— cine. We don’t want to get caught short 2009. It establishes penalties for com- (1) identify changes, including legislative, next year. We must aggressively en- mercial shippers, to hold them, and by regulatory, jurisdictional, and organiza- courage vaccine companies to come extension their clients, responsible for tional changes, necessary to improve coordi- nation among those agencies; into this market and pass building in- properly documenting the contents of (2) reduce overlapping capabilities and re- centives for existing companies. their shipments. Finally, it signifi- sponsibilities; and I am encouraged that some sections cantly increases U.S. Customs’ pres- (3) streamline efforts to improve the secu- of this legislation have been included ence overseas, because identifying a rity of such intermodal shipping containers.

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(d) ESTABLISHMENT OF STEERING GROUP.— retary, in cooperation with the Under Sec- incorporated in the deployment of a nation- The Secretary shall establish, organize, and retary of Border and Transportation Secu- wide aviation, rail, maritime, and highway provide support for an advisory committee, rity, shall develop a system to increase the cargo containers tracking and monitoring to be known as the Senior Steering Group, of number of intermodal shipping containers system which would allow the United States senior representatives of the agencies de- physically inspected (including non-intrusive maximum flexibility in responding quickly scribed in subsection (c). The Group shall inspection by scanning technology), mon- and appropriately to increased terrorist meet from time to time, at the call of the itored, and tracked within the United States. threat levels at the local, State, or regional Secretary or upon its own motion, for the ‘‘(b) SMART BOX TECHNOLOGY.—Under regu- level. purpose of developing solutions to jurisdic- lations to be prescribed by the Secretary, be- (6) A description of what contingency ac- tional and other conflicts among the rep- ginning with calendar year 2007 no less than tions, measures, and mechanisms must be in- resented agencies with respect to the secu- 50 percent of all ocean-borne shipping con- corporated in the deployment of such a sys- rity of intermodal shipping containers, im- tainers entering the United States during tem which would allow for the quick recon- proving coordination and information-shar- any calendar year shall incorporate ‘Smart stitution of the system in the event of a cat- ing among the represented agencies, and ad- Box’ or equivalent technology developed, ap- astrophic terrorist attack which affected dressing such other, related matters, as the proved, or certified by the Under Secretary part of the system. Secretary may request. of Homeland Security for Border and Trans- (7) Recommendations on how to leverage (e) ANNUAL REPORT.—The Secretary, after portation Security. existing information and operating systems consulting the Senior Steering Group, shall ‘‘(c) DEVELOPMENT OF INTERNATIONAL within State or Federal agencies to assist in submit an annual report to the Senate Com- STANDARD FOR SMART CONTAINERS.—The Sec- the fielding of the system. mittee on Commerce, Science, and Transpor- retary shall— (8) Recommendations on co-locating local, tation and the House of Representatives ‘‘(1) develop, and seek international ac- State, and Federal agency personnel to Committee on Transportation and Infra- ceptance of, a standard for ‘smart’ maritime streamline personnel requirements, mini- structure describing the activities of the shipping containers that incorporate tech- mize costs, and avoid redundancy. Senior Steering Group and the Secretary nology for tracking the location and assess- (9) An initial assessment of the avail- under this section, describing the progress ing the integrity of those containers as they ability of private sector resources which made during the year toward achieving the move through the intermodal transportation could be utilized, and incentive systems de- objectives of the plan, and including any rec- system; and veloped, to support the fielding of the sys- ommendations, including legislative rec- ‘‘(2) implement an integrated tracking and tem, and the maintenance and improvement ommendations, if appropriate for further im- technology system for such containers. as technology or terrorist threat dictate. provements in dealing with security-issues ‘‘(d) REPORT.—Within 1 year after the date (10) Recommendations on how this system related to intermodal shipping containers of enactment of the Intermodal Shipping that is focused on the continental United and related transportation security issues. Container Security Act, the Secretary shall States would be integrated into any existing (f) BIENNIAL EXPERT CRITIQUE.— transmit to the Senate Committee on Com- or planned system, or process, which is de- (1) EXPERT PANEL.—A panel of experts merce, Science, and Transportation and the signed to monitor the movement of cargo shall be convened once every 2 years by the House of Representatives Committee on containers outside the continental United Senate Committee on Commerce, Science, Transportation and Infrastructure a report States. and Transportation and the House of Rep- that contains— SEC. 6. IMPROVEMENTS TO CONTAINER TAR- resentatives Committee on Transportation ‘‘(1) a cost analysis for implementing this GETING SYSTEMS. and Infrastructure to review plans submitted section; and (a) IN GENERAL.—Within 90 days after the by the Secretary under subsection (a). ‘‘(2) a strategy for implementing the sys- date of enactment of this Act, the Secretary (2) Membership.—The panel shall consist tem described in subsection (c)(3).’’. of Homeland Security shall submit a report of— (b) CONFORMING AMENDMENT.—The chapter to the Senate Committee on Commerce, (A) 4 individuals selected by the chairman analysis for chapter 701 of title 46, United Science, and Transportation and the House and ranking member of the Senate Com- States Code, is amended by striking the item of Representatives Committee on Transpor- mittee on Commerce, Science, and Transpor- relating to section 70117 and inserting the tation and Infrastructure that provides a tation and by the chairman and ranking following: preliminary plan for strengthening the Bu- member of the House of Representatives ‘‘70117. Enhanced container-related security reau of Customs and Border Protection’s Committee on Transportation and Infra- measures. container targeting system. The plan shall structure, respectively; and ‘‘70118. Civil penalties.’’. identify the cost and feasibility of requiring (B) 1 individual selected by the 4 individ- additional non-manifest documentation for uals selected under subparagraph (A). SEC. 5. ADDITIONAL RECOMMENDATIONS. each container, including purchase orders, (3) QUALIFICATIONS.—Individuals selected Within 180 days after the date of enact- under paragraph (2) shall be chosen from ment of this Act, the Secretary of Homeland shipper’s letters of instruction, commercial among individuals with professional exper- Security shall submit to the Senate Com- invoices, letters of credit, or certificates of tise and experience in security-related issues mittee on Commerce, Science, and Transpor- origin. (b) REDUCTION OF MANIFEST REVISION WIN- involving shipping or transportation and tation and the House of Representatives DOW.—Within 60 days after the date of enact- without regard to political affiliation. Committee on Transportation and Infra- ment of this Act, the Secretary of Homeland (4) COMPENSATION AND EXPENSES.—An indi- structure a report that contains the fol- vidual serving as a member of the panel shall lowing: Security shall issue regulations under which not receive any compensation or other bene- (1) Recommendations about what analysis the time period for revisions to a container fits from the Federal Government for serving must be performed and the cost to develop cargo manifest submitted to the Bureau of on the panel or be considered a Federal em- and field a cargo container tracking and Customs and Border Protection shall be re- ployee as a result of such service. Panel monitoring system within the United States duced from 60 days to 45 days after arrival at members shall be reimbursed by the Com- which tracks all aviation, rail, maritime, a United States port. mittees for expenses, including travel and and highway cargo containers equipped with (c) SUPPLY CHAIN INFORMATION.—Within 180 lodging, they incur while actively engaged in smart container technology. days after the date of enactment of this Act, carrying out the functions of the panel. (2) Recommendations on how the Depart- the Secretary of Homeland Security shall de- (5) FUNCTION.—The panel shall review plans ment of Homeland Security could help sup- velop a system to share threat and vulner- submitted by the Secretary under subsection port the deployment of such a system. ability information with all of the industries (a), evaluate the strategy set forth in the (3) Recommendations as to how current ef- in the supply chain that will allow ports, plan, and make such recommendations to forts by the Department of Homeland Secu- carriers, and shippers to report on security the Secretary for modifying or otherwise im- rity and other Federal agencies could be in- lapses in the supply chain and have access to proving the strategy as may be appropriate. corporated into the physical screening or in- unclassified maritime threat and security in- SEC. 4. SHIPPING CONTAINER INTEGRITY INITIA- spection of aviation, rail, maritime, and formation such as piracy incidents. TIVE. highway cargo containers within the United SEC. 7. INCREASE IN NUMBER OF CUSTOMS IN- (a) IN GENERAL.—Chapter 701 of title 46, States. SPECTORS ASSIGNED OVERSEAS. United States Code, is amended— (4) Recommendations about operating sys- (a) IN GENERAL.—The Secretary of Home- (1) by redesignating section 70117 as section tems and standards for those operating sys- land Security shall substantially increase 70118; and tems, to support the tracking of aviation, the number of United States Customs Serv- (2) by inserting after section 70116 the fol- rail, maritime, and highway cargo con- ice inspectors assigned to duty outside the lowing: tainers within the United States that would United States under the Container Security ‘‘§ 70117. Enhanced container-related security meas- include the location of regional, State, and Initiative of the United States Customs ures. local operations centers. Service with responsibility for inspecting ‘‘(a) TRACKING INTERMODAL CONTAINER (5) A description of what contingency ac- intermodal shipping containers being SHIPMENTS IN THE UNITED STATES.—The Sec- tions, measures, and mechanisms should be shipped to the United States.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2294 CONGRESSIONAL RECORD—SENATE February 15, 2005 (b) STAFFING CRITERIA.—In carrying out United States. I introduced similar leg- There being no objection, the bill was subsection (a) the Secretary of Homeland Se- islation last Congress, yet the problem ordered to be printed in the RECORD, as curity shall determine the appropriate level remains unsolved. follows: for assignment and density of customs in- In recent years, particularly China S. 377 spectors at selected international port facili- has been pressed to float their currency ties by a threat, vulnerability, and risk anal- Be it enacted by the Senate and House of Rep- ysis which, at a minimum, considers— upward. Specifically, the Europeans, resentatives of the United States of America in (1) the volume of containers shipped; the International Monetary Fund and Congress assembled, (2) the ability of the host government to the Bank for International Settlements SECTION 1. SHORT TITLE. assist in both manning and providing equip- have put pressure on the Chinese to at This Act may be cited as the ‘‘Fair Cur- ment and resources; a minimum repeg their currency to a rency Enforcement Act of 2005’’. (3) terrorist intelligence known of im- higher dollar value. The Administra- SEC. 2. FINDINGS. porter vendors, suppliers or manufacturers; tion has talked about this idea, but has Congress makes the following findings: and been ineffective. As a consequence (1) The manufacturing sector is an impor- (4) other criteria as determined in consult there has been no movement on the tant driver of the United States economy, with experts in the shipping industry, ter- contributing almost 30 percent of our eco- rorism, and shipping container security. part of the Chinese. nomic growth during the 1990’s, and twice (c) MINIMUM NUMBER.—The total number of As a result of the heavy dollar buy- the productivity growth of the service sector customs inspectors assigned to international ing, the Asian Central banks have al- during that period. port facilities shall not be less than the num- lowed their foreign-exchange reserves (2) The manufacturing sector contributes ber determined as a result of the threat, vul- to swell from less than $800 billion at significantly to our Nation’s development of nerability, and risk assessment analysis the start of 1999 to over $1.5 trillion in new products and technologies for world which is validated by the Administrator of 2003. This is almost two-thirds of the markets, performing almost 60 percent of all the Transportation Security Administration global total. research and development in the United within 180 days after the date of enactment The world’s seven biggest holders of States over the past two decades. of this Act. foreign-exchange reserves are all in (3) The manufacturing sector provides high (d) PLAN.—The Secretary shall submit a quality jobs, with average weekly wages be- plan to the Senate Committee on Commerce, Asia. tween 20 and 30 percent higher than jobs in Science, and Transportation and the House This legislation proposes that our the service sector. of Representatives Committee on Transpor- Administration promptly open negotia- (4) The manufacturing growth creates a tation and Infrastructure, with timelines, for tions with the four Asian countries significant number of jobs and investments phasing inspectors into selected port facili- that exemplify this practice, with the in other sectors of the economy, and this ties within 180 days after the enactment of intent to put a stop to it. These coun- ‘‘multiplier effect’’ is reckoned by econo- this Act. tries are: China, Japan, South Korea, mists to be larger (2.43 to 1) than for any SEC. 8. RANDOM INSPECTION OF CONTAINERS. and Taiwan. This practice hurts Amer- other significant sector of the economy. (a) IN GENERAL.—The Under Secretary of ican manufacturers: it impedes their (5) The ‘‘jobless recovery’’ from the recent Homeland Security for Border and Transpor- ability to introduce new products and recession has witnessed the worst job slump tation Security shall develop and implement since the Great Depression and the weakest a plan for random inspection of shipping con- technologies and provide Americans employment recovery on record. tainers in addition to any targeted or with quality jobs. It has caused and (6) The manufacturing sector has been hit preshipment inspection of such containers continues to cause the current eco- the hardest by the jobless recovery. required by law or regulation or conducted nomic recovery to be a jobless one, par- (7) A significant factor in the loss of valu- under any other program conducted by the ticularly in the manufacturing sector. able United States manufacturing jobs is the Under Secretary. Experts indicate that the United difficulty faced by United States manufac- (b) CIVIL PENALTY FOR ERRONEOUS MANI- States has the right and the power to turers in competing effectively against lower FEST.— address unfair competitive practices priced foreign products. (1) IN GENERAL.—Except as provided in under the following laws, rules and (8) A significant obstacle to United States paragraph (2), if the Under Secretary deter- agreements: 1. Section 3004 of the Om- manufacturers in competing against foreign mines on the basis of an inspection con- manufacturers is the practice of some gov- ducted under subsection (a) that there is a nibus Trade and Competitiveness Act ernments of intervening aggressively in cur- discrepancy between the contents of a ship- of 1988 2. Article IV of the Articles of rency markets, or pegging their currencies ping container and the manifest for that con- Agreement of the International Mone- at fixed rates, to maintain their own cur- tainer, the Under Secretary may impose a tary Fund Article 3. XV of the Ex- rencies at artificially low valuations, thus civil penalty of not more than $1,000 for the change Agreements of the General subsidizing their export sales and raising discrepancy. Agreement on Tariffs and Trade 4. The price barriers to imports from the United (2) MANIFEST DISCREPANCY REPORTING.—The Agreement on Subsidies and Counter- States. Under Secretary may not impose a civil pen- vailing Measures of the World Trade (9) Certain Asian countries exemplify this alty under paragraph (1) if a manifest dis- Organization (as described in section practice. China, Japan, South Korea, and crepancy report is filed with respect to the Taiwan together have accumulated approxi- 101(d)(12)) of the Uruguay Round Agree- discrepancy within the time limits estab- mately 1⁄2 of the world’s total currency re- lished by Customs Directive No. 3240–067A (or ments Act. 5. Article XXIII of the Gen- serves. The vast majority of these reserves, any subsequently issued directive governing eral Agreement on Tariffs and Trade. 6. perhaps as high as 90 percent, are in dollars. the matters therein) for filing a manifest Sections 301 and 406 of the Trade Act of These same 4 countries account for 60 per- discrepancy report. 1974. 7. The provisions of the United cent of the United States world trade deficit States-China Bilateral Agreement on in manufactured goods. These reserves are By Mr. LIEBERMAN: World Trade Organization Accession. symptomatic of a strategy of intervention to S. 377. A bill to require negotiation These laws, rules and agreements manipulate currency values. and appropriate action with respect to provide us with ample process to do (10) The People’s Republic of China is par- ticularly aggressive in intervening to main- certain countries that engage in cur- this right and it is important we act rency manipulation; to the Committee tain the value of its currency, the renminbi, now. Therefore, beginning on the date at an artificially low rate. China maintains on Finance. of enactment of this Act, the President this rate by mandating foreign exchange Mr. LIEBERMAN. Mr. President, will be required to start a 90 day period sales at its central bank at a fixed exchange today, February 15, 2005, I rise to intro- of negations. If these negotiations fail rate against the dollar, in effect, pegging the duce a bill, proposing we enact the Fair to bear fruit, he is required to seek re- renminbi at this rate. This low rate rep- Currency Enforcement Act of 2005. The dress through the various international resents a significant reason why China has present legislation addresses the prac- trade laws by instituting appropriate contributed the most to our trade deficit in tice of some governments to intervene proceedings, or report to congress in manufactured goods. aggressively in currency markets, or to (11) Economists estimate that as a result detail why this is not a proper course of this manipulation of the Chinese cur- peg their currencies at a fixed—artifi- of action. rency, the renminbi is undervalued by be- cially low—exchange rate, thus sub- I ask unanimous consent that the tween 15 and 40 percent, effectively creating sidizing their export sales and raising text of the Bill be printed in the a 15- to 40-percent subsidy for Chinese ex- price barriers to imports from the RECORD. ports and giving Chinese manufacturers a

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2295 significant price advantage over United (21) The United States has special rights to not reached by the President to promptly States and other competitors. take action to redress market disruption end currency manipulation, the President (12) The national currency of Japan is the under section 406 of the Trade Act of 1974 shall institute proceedings under the rel- yen. Experts estimate that the yen is under- adopted pursuant to the provisions of the evant provisions of international law and valued by approximately 20 percent or more, United States-China Bilateral Agreement on United States trade laws including sections giving Japanese manufacturers a significant World Trade Organization Accession. 301 and 406 of the Trade Act of 1974 with re- price advantage over United States competi- (22) While large-scale manipulation of cur- spect to those countries that, based on the tors. rencies by certain major trading partners to findings of the International Trade Commis- (13) In addition to being placed at a com- achieve an unfair competitive advantage is sion under section 4, continue to engage in petitive disadvantage by foreign competi- one of the most pervasive barriers faces by the most egregious currency manipulation. tors’ exports that are unfairly subsidized by the manufacturing sector in the United In addition to seeking a prompt end to cur- strategically undervalued currencies, United States, other factors are contributing to the rency manipulation, the President shall seek States manufacturers also may face signifi- decline of manufacturing and small and mid- appropriate damages and remedies for the cant nontariff barriers to their own exports sized manufacturing firms in the United Nation’s manufacturers and other affected to these same countries. For example, in the States, including but not limited to non-tar- parties. If the President does not institute past in China, until remediated, a complex iff trade barriers, lax enforcement of existing action, the President shall, not later than system involving that nation’s value added trade agreements, and weak or under utilized 120 days after the date of enactment of this tax and special tax rebates ensured that government support for trade promotion. Act, provide to the appropriate congressional semiconductor devices imported into China SEC. 3. NEGOTIATION PERIOD REGARDING CUR- committees a detailed explanation and ac- were taxed at 17 percent while domestic de- RENCY NEGOTIATIONS. counting of precisely why the President has vices are effectively taxed at 6 percent. Beginning on the date of enactment of this determined not to institute action. (14) The United States has the right and Act, the President shall begin bilateral and SEC. 6. ADDITIONAL REPORTS AND REC- power to redress unfair competitive prac- multilateral negotiations for a 90-day period OMMENDATIONS. tices in international trade involving cur- with those governments of nations deter- (a) NATIONAL SECURITY.—Within 90 days of rency manipulation. mined to be engaged most egregiously in cur- the date of enactment of this Act, the Sec- (15) Under section 3004 of the Omnibus rency manipulation, as defined in section 7, retary of Defense shall provide a detailed re- Trade and Competitiveness Act of 1988, the to seek a prompt and orderly end to such port to the appropriate congressional com- Secretary of the Treasury is required to de- currency manipulation and to ensure that mittees evaluating the effects on our na- termine whether any country is manipu- the currencies of these countries are freely tional security of countries engaging in sig- lating the rate of exchange between its cur- traded on international currency markets, or nificant currency manipulations, and the ef- rency and the dollar for the purpose of pre- are established at a level that reflects a fect of such manipulation on critical manu- venting effective balance of payments ad- more appropriate and accurate market facturing sectors. justments or gaining unfair advantage in value. The President shall seek support in (b) OTHER UNFAIR TRADE PRACTICES.— international trade. If such violations are this process from international agencies and Within 90 days of the date of enactment of found, the Secretary of the Treasury is re- other nations and regions adversely affected this Act, the United States Trade Represent- quired to undertake negotiations with any by these currency practices. ative and the International Trade Commis- country that has a significant trade surplus. SEC. 4. FINDINGS OF FACT AND REPORT RE- sion shall evaluate and report in detail to (16) Article IV of the Articles of Agreement the appropriate congressional committees on of the International Monetary Fund pro- GARDING CURRENCY MANIPULA- TION. other trade practices and trade barriers by hibits currency manipulation by a member (a) IN GENERAL.—During the 90-day nego- major East Asian trading nations potentially for the purposes of gaining an unfair com- tiation period described in section 3, the in violation of international trade agree- petitive advantage over other members, and International Trade Commission shall— ments, including the practice of maintaining the related surveillance provision defines (1) ascertain and develop the full facts and a value-added or other tax regime that effec- ‘‘manipulation’’ to include ‘‘protracted details concerning how countries have acted tively discriminates against imports by large-scale intervention in one direction in to manipulate their currencies to increase underpricing domestically produced goods, the exchange market’’. their exports to the United States and limit or setting technology standards that effec- (17) Under Article XV of the Exchange their imports of United States products; tively limit imports. Agreements of the General Agreement on (c) TRADE ENFORCEMENT.—Within 90 days Tariffs and Trade, all contracting parties (2) quantify the extent of this currency of the date of enactment of this Act, the ‘‘shall not, by exchange action, frustrate the manipulation; United States Trade Representative and the intent of the provisions of this Agreement, (3) examine in detail how these currency International Trade Commission shall report nor by trade action, the intent of the Arti- practices have affected and will continue to in detail to the appropriate congressional cles of Agreement of the International Mone- affect United States manufacturers and committees on steps that could be taken to tary Fund’’. Such actions are actionable vio- United States trade levels, both for imports lations. The intent of the General Agreement and exports; significantly improve trade enforcement ef- on Tariffs and Trade Exchange Agreement, (4) review whether and to what extent re- forts against unfair trade practices by com- as stated in the preamble of that Agreement, duction of currency manipulation and the petitor trading nations, including making includes the objective of ‘‘entering into re- accumulation of dollar-denominated cur- recommendations for additional support for ciprocal and mutually advantageous ar- rency reserves and public debt instruments trade enforcement efforts. rangements directed to substantial reduction might adversely affect United States inter- (d) TRADE PROMOTION.—Within 90 days of of tariffs and other barriers to trade,’’ and est rates and public debt financing; the date of enactment of this Act, the Secre- currency manipulation may constitute a (5) make a determination of any and all taries of State and Commerce, and the trade barrier disruptive to reciprocal and available mechanisms for redress under ap- United States Trade Representative, shall mutually advantageous trade arrangements. plicable international trade treaties and prepare a detailed report with recommenda- (18) Deliberate currency manipulation by agreements, including the Articles of Agree- tions on steps that could be undertaken to nations to significantly undervalue their ment of the International Monetary Fund, significantly improve trade promotion for currencies also may be interpreted as a vio- the General Agreement on Tariffs and Trade, United States goods and services, including lation of the Agreement on Subsidies and the World Trade Organization Agreements, recommendations on additional support to Countervailing Measures of the World Trade and United States trade laws; and improve trade promotion. Organization (as described in section (6) undertake other appropriate evalua- SEC. 7. CURRENCY MANIPULATION DEFINED. 101(d)(12)) of the Uruguay Round Agreements tions of the issues described in paragraphs (1) In this Act, the term ‘‘currency manipula- Act, which could lead to action and remedy through (5). tion’’ means— under the World Trade Organization dispute (b) REPORT.—Not later than 90 days after (1) large-scale manipulation of exchange settlement procedures. the date of enactment of this Act, the Inter- rates by a nation in order to gain an unfair (19) Deliberate, large-scale intervention by national Trade Commission shall provide a competitive advantage as stated in Article governments in currency markets to signifi- detailed report to the President, the United IV of the Articles of Agreement of the Inter- cantly undervalue their currencies may be a States Trade Representative, the Secretary national Monetary Fund and related surveil- nullification and impairment of trade bene- of the Treasury, and the appropriate con- lance provisions; fits precluded under Article XXIII of the gressional committees on the findings made (2) sustained, large-scale currency inter- General Agreement on Tariffs and Trade, and as a result of the reviews undertaken under vention in one direction, through mandatory subject to remedy. paragraphs (1) through (6) of subsection (a). foreign exchange sales at a nation’s central (20) The United States Trade Representa- SEC. 5. INSTITUTE PROCEEDINGS REGARDING bank at a fixed exchange rate; or tive also has authority to pursue remedial CURRENCY MANIPULATION. (3) other mechanisms, used to maintain a actions under section 301 of the Trade Act of At the end of the 90-day negotiation period currency at a fixed exchange rate relative to 1974. provided for in section 3, if agreements are another currency.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2296 CONGRESSIONAL RECORD—SENATE February 15, 2005 By Mr. BIDEN (for himself, Mr. ada and Mexico, arrives through our the Interagency Commission concluded SPECTER, Mrs. FEINSTEIN, Mr. seaports. Accordingly, the Interagency that existing laws are not stiff enough KYL, and Mr. ALLEN): Commission found that this enormous to stop certain crimes, including cargo S. 378. A bill to make it a criminal flow of goods through U.S. ports pro- theft, at seaports. Our legislation act to willfully use a weapon with the vides a tempting target for terrorists would increase the maximum term of intent to cause death or serious bodily and others to smuggle illicit cargo into imprisonment for low-level thefts of injury to any person while on board a the country, while also making ‘‘our interstate or foreign shipments from 1 passenger vessel, and for other pur- ports potential targets for terrorist at- year to 3 years and expand the statute poses; to the Committee on the Judici- tacks.’’ In addition, the smuggling of to outlaw theft of goods from trailers, ary. non-dangerous, but illicit, cargo may cargo containers, warehouses, and Mr. BIDEN. Mr. President, I rise be used to finance terrorism. Despite similar venues. today to introduce the Reducing Crime the gravity of the threat, we continue These are improvements we should and Terrorism at America’s Seaports to operate in an environment in which make to our criminal code. I am under Act, along with the Chairman of the terrorists and criminals can evade de- no illusion, however, that enactment of Judiciary Committee Senator SPECTER, tection by underreporting and our bill will guarantee the security of and the Chairman and Ranking Mem- misreporting the content of cargo. In- our seaports. We need to dramatically ber of the Terrorism Subcommittee, creased penalties can help here. increase the financial assistance we are Senators KYL and FEINSTEIN. My col- The legislation we introduce today giving our ports so that they can leagues and I have worked on this leg- would also make it a crime for a vessel harden their own facilities against po- islation for the past four years and I operator to fail to slow or stop a ship tential attackers. I was disappointed to am hopeful this package of common- once ordered to do so by a Federal law read in the Administration’s budget sense criminal law improvements will enforcement officer, for any person on that the President wants to eliminate be approved by the Senate early this board a vessel to impede boarding or the Department of Homeland Secu- Session. other law enforcement action author- rity’s dedicated port security grant The bipartisan legislation we intro- ized by Federal law, or for any person program. His budget instead will force duce today should be familiar to my on board a vessel to provide false infor- our ports to compete against all other colleagues. It was introduced as S. 2653 mation to a Federal law enforcement transit systems for scarce federal in the 108th Congress, where I worked officer. The Coast Guard is the main funds. We’ve spent only about $750 mil- closely with the then-Chairman of the Federal agency responsible for law en- lion to secure seaports since September Committee Senator HATCH and Senator forcement at sea. Yet, its ability to 11th—the Coast Guard reports that is LEAHY to ensure they were comfortable force a vessel to stop or be boarded is not nearly enough to meet the require- with the bill’s provisions. The language limited. While the Coast Guard has the ments of the Maritime Transportation has been reviewed by the United States authority to use whatever force is rea- Security Act. We also need to increase Coast Guard, the American Association sonably necessary, a vessel operator’s the number of inspections of ships and of Port Authorities, the American In- refusal to stop is not currently a crime. shipping containers that are coming stitute of Marine Underwriters, the In- This bill would create that offense. into our ports. But the amendments to land Marine Underwriters Association, In addition, the Coast Guard main- Federal criminal law that we propose the Maritime Exchange for the Dela- tains over 50,000 navigational aids on here will provide an important deter- ware River and Bay, the Transpor- more than 25,000 miles of waterways. rent effect and they will give Federal tation Security Administration, and These aids, which are relied upon by all prosecutors new tools to go after ter- the AFL–CIO. Senator KYL included commercial, military and recreational rorists who would target our seaports. this language in his Tools to Fight Ter- mariners, are critical for safe naviga- I urge my colleagues to support our rorism Act of 2004 and it was the sub- tion by commercial and military ves- bill, and I look forward to its prompt ject of a hearing in the Judiciary Sub- sels. They could be inviting targets for consideration. committee on Terrorism on September terrorists. Our legislation would make 13, 2004. This Congress, identical lan- it a crime to endanger the safe naviga- By Ms. MIKULSKI (for herself, guage was introduced by Senator tion of a ship by damaging any mari- Mr. SARBANES, Mr. DURBIN, and GREGG at Title IV of S. 3, the major- time navigational aid maintained by Mr. OBAMA). ity’s Protecting America in the War on the Coast Guard, place in the waters S. 379. A bill to build capacity at Terror Act of 2005. anything which is likely to damage a community colleges in order to meet Our bill will double the maximum vessel or its cargo, interfere with a ves- increased demand for community col- term of imprisonment for anyone who sel’s safe navigation, or interfere with lege education while maintaining the fraudulently gains access to a seaport maritime commerce, or dump a haz- affordable tuition rates and the open- or waterfront. The Interagency Com- ardous substance into U.S. waters with door policy that are the hallmarks on mission on Crime and Security at U.S. the intent to endanger human life or the community college system; to the Seaports concluded that ‘‘control of ac- welfare. Committee on Health, Education, cess to the seaport or sensitive areas Each year, thousands of ships enter Labor, and Pensions. within the seaports’’ poses one of the and leave the U.S. through seaports, Ms. MIKULSKI. Mr. President, I rise greatest potential threats to port secu- smugglers and terrorists exploit this to introduce the ‘‘Community College rity. Such unauthorized access con- massive flow of maritime traffic to Opportunity Act.’’ Community colleges tinues and exposes the nation’s sea- transport dangerous materials and dan- are the gateway to the future—for first ports, and the communities that sur- gerous people into this country. This time students looking for an affordable round them, to acts of terrorism, sabo- legislation would make it a crime to college education, and for mid-career tage or theft. Our bill will help deter use a vessel to smuggle into the United students looking to get ahead in the those who seek unauthorized access to States either a terrorist or any explo- workplace. As college tuition at four- our ports by imposing stiffer penalties. sive or other dangerous material for year colleges continues to rise, more Our bill would also increase penalties use in committing a terrorist act. The and more students are turning to com- for noncompliance with certain mani- bill would also make it a crime to dam- munity colleges for the education they fest reporting and record-keeping re- age or destroy any part of a ship, a need to prepare for 21st century jobs. quirements, including information re- maritime facility, or anything used to Yet soon we may not be able to count garding the content of cargo containers load or unload cargo and passengers, on our community colleges being avail- and the country from which the ship- commit a violent assault on anyone at able to everyone. The combination of ments originated. An estimated 95 per- a maritime facility, or knowingly com- budget cuts and increased enrollments cent of the cargo shipped to the U.S. municate a hoax in a way which endan- is forcing community colleges to make from foreign countries, other than Can- gers the safety of a vessel. In addition, tough choices—between raising tuition

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My bill authorizes $500 million for need to make sure we always have in- ‘‘(d) AWARD BASIS.—In awarding grants a competitive grant program to help stitutions available to everyone who under subsection (a), the Secretary shall community colleges serve more stu- wants a college degree—or just a cou- take into consideration— dents. Community colleges could apply ple of courses. That means investing in ‘‘(1) the relative need for assistance under this section of the community colleges; for a grant to help with the cost of con- our community colleges, so they can ‘‘(2) the probable impact and overall qual- structing or renovating facilities, hir- continue to be affordable, accessible, ity of the proposed activities on the capacity ing faculty, purchasing new computers and successful at training the next gen- problem of the community college; and scientific equipment, and investing eration of nurses, teachers, and ‘‘(3) providing an equitable geographic dis- in creative ways of addressing over- techies. tribution of grant funds under this section crowding—like distance learning. I ask unanimous consent that the throughout the United States and among Why is this important? Community text of the bill be printed in the urban, suburban, and rural areas of the United States; and colleges are one of the great American RECORD. ‘‘(4) providing an equitable distribution social inventions. I used to teach night There being no objection, the text of among small, medium, and large community school at Baltimore City Community the bill was ordered to be printed in colleges. College. I know firsthand the vital role the RECORD, as follows: ‘‘(e) USE OF FUNDS.—Grant funds provided they play in our communities. Their S. 379 under subsection (a) may be used for activi- low cost, convenient location, and open Be it enacted by the Senate and House of Rep- ties that expand community college capac- door admissions policy have made resentatives of the United States of America in ity, including— them the key to the American dream Congress assembled, ‘‘(1) the construction, maintenance, ren- ovation, and improvement of classroom, li- for so many. Many generations of im- SECTION 1. COMMUNITY COLLEGE CAPACITY- BUILDING GRANT PROGRAM. brary, laboratory, and other instructional fa- migrants pursued the American dream cilities; by working all day and going to night Title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.) is amended— ‘‘(2) the purchase, rental, or lease of sci- school at night. After World War II, the (1) by redesignating part F as part G; and entific or laboratory equipment for edu- cational purposes, including instructional GI bill gave returning veterans a (2) by inserting after part E the following: chance to get ahead by going to local research purposes; ‘‘PART F—COMMUNITY COLLEGES ‘‘(3) the development, improvement, or ex- junior colleges. ‘‘SEC. 371. COMMUNITY COLLEGE CAPACITY- Now, more than ever, it’s important pansion of technology; BUILDING GRANT PROGRAM. ‘‘(4) preparation and professional develop- to invest in community colleges. In the ‘‘(a) PROGRAM AUTHORIZED.— ment of faculty; next ten years, 40 percent of new jobs ‘‘(1) IN GENERAL.—From amounts appro- ‘‘(5) recruitment, hiring, and retention of will require college education. At the priated under section 399(a)(6) for a fiscal faculty; same time, college tuition is on the year, the Secretary shall award grants to eli- ‘‘(6) curriculum development and academic rise. Tuition at the University of Mary- gible entities, on a competitive basis, for the instruction; land is up by as much as 32 percent. purpose of building capacity at community ‘‘(7) the purchase of library books, periodi- colleges to meet the increased demand for cals, and other educational materials, in- That’s causing many students to take a community colleges while maintaining the second look at community colleges be- cluding telecommunications program mate- affordable tuition rates and the open-door rial; cause they’re more affordable. They’re policy that are the hallmarks of the commu- ‘‘(8) the joint use of facilities, such as lab- also leaders in training workers for nity college system. oratories and libraries; or 21st century jobs—from nurses to com- ‘‘(2) DURATION.—Grants awarded under this ‘‘(9) the development of partnerships with puter techies, and even lab techs for section shall be for a period not to exceed 3 local businesses to increase community col- new industries, like biotechnology. years. lege capacity. ‘‘(b) DEFINITIONS.—In this section: They’re playing a key role in address- ‘‘SEC. 372. APPLICABILITY. ‘‘(1) COMMUNITY COLLEGE.—The term ‘com- ‘‘The provisions of part G (other than sec- ing shortages in nursing and teaching. munity college’ means a public institution of In Maryland, community colleges train tion 399) shall not apply to this part.’’. higher education (as defined in section SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 55 percent of new nurses. 101(a)) whose highest degree awarded is pre- Section 399(a) of the Higher Education Act Yet our community colleges are dominantly the associate degree. of 1965 (20 U.S.C. 1068h(a)) is amended by add- bursting at the seams. They’re growing ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible ing at the end the following: faster than 4-year colleges. Enrollment entity’ means a community college, or a con- ‘‘(6) PART F.—There are authorized to be at Maryland’s community colleges is sortium of 2 or more community colleges, appropriated to carry out part F, $500,000,000 expected to grow 30 percent in the next that demonstrates capacity challenges at for fiscal year 2006, and such sums as may be not less than 1 of the community colleges in 10 years, while 4-year colleges will necessary for each of the 4 succeeding fiscal the eligible entity, such as— years.’’. grow by 15 percent. Community col- ‘‘(A) an identified workforce shortage in leges are holding classes from 7 in the the community served by the community By Ms. COLLINS (for herself, Mr. morning to 10 at night, on weekends, college that will be addressed by increased PRYOR, Mr. DEWINE, Mr. BINGA- and over the internet. In my own State enrollment at the community college; MAN, Mr. SMITH, Mr. LIEBER- of Maryland, they are starting to turn ‘‘(B) a wait list for a class or for a degree or a certificate program; MAN, and Mr. COLEMAN): students away because there isn’t S. 380. A bill to amend the Public enough room. Almost 1,000 students ‘‘(C) a faculty shortage; ‘‘(D) a significant enrollment growth; Health Service Act to establish a State were shut out of Montgomery College ‘‘(E) a significant projected enrollment family support grant program to end last spring because they couldn’t get growth; the practice of parents giving legal into the classes they needed or they ‘‘(F) an increase in the student-faculty custody of their seriously emotionally couldn’t afford the cost. Prince ratio; disturbed children to State agencies for George’s Community College had to ‘‘(G) a shortage of laboratory space or the purpose of obtaining mental health turn away 630 prospective nursing stu- equipment; services for those children; to the Com- dents and 1,000 prospective education ‘‘(H) a shortage of computer equipment and mittee on Health, Education, Labor, technology; students. and Pensions. It’s great that so many Americans ‘‘(I) out-of-date computer equipment and technology; Ms. COLLINS. Mr. President, I am are going to community colleges. For ‘‘(J) a decrease in State or county funding very pleased today to join several of so many Americans, community col- or a related budget shortfall; or my colleagues—Senator PRYOR, Sen- leges are the only way to get the edu- ‘‘(K) another demonstrated capacity short- ator DEWINE, Senator BINGAMAN, Sen- cation they need to be competitive for fall. ator SMITH, Senator LIEBERMAN, and

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the Presiding Officer, Senator COLE- often forced to go to the child welfare their children. They told us about the MAN—in introducing the Keeping Fami- or juvenile justice system to secure limitations in both public and private lies Together Act. This legislation is treatment. insurance coverage. They also talked intended to reduce the barriers to care Yet neither system is intended to about the lack of coordination and for children who are struggling with se- serve children with serious mental ill- communication among the various rious mental illness. It is intended to ness. Child welfare systems are de- agencies and programs that service ensure their parents are no longer signed to protect children who have children with mental health needs. One forced to give up custody of their chil- been abused or neglected. Juvenile jus- parent, desperate for help for her twin dren solely for the purpose of securing tice systems are designed to rehabili- boys, searched for 2 years until she fi- mental health treatment. tate children who have committed nally located a program—which she As the Presiding Officer is well criminal or delinquent acts. While nei- characterized as ‘‘the best kept secret aware, because he was an active partic- ther of these systems is equipped to in Illinois’’—that was able to help. ipant in them, the Governmental Af- care for a child with a serious mental Parents should not be bounced from fairs Committee in the last Congress illness, in far too many cases, there is agency to agency, knocking on every held extensive hearings on this issue. nowhere else for the family to turn. door they come to, in the hope that What we heard was a tragedy. We In some extreme cases, families feel they will happen upon someone who heard case after case where families forced to file charges against their has an answer. It simply should not be made the wrenching choice to give up child or to declare that they have such a struggle for parents to get serv- custody of their children in order to se- abused or neglected them in order to ices and treatment for their children. cure the mental health treatment that get the care that they need. As one We also need to question what hap- they needed. No family should ever be family advocate observed, ‘‘Beat ’em pens to these children when they are forced to make that decision. up, lock ’em up, or give ’em up,’’ char- turned over to the child welfare or ju- Imagine what it feels like for a child acterizes the choices that some fami- venile justice authorities. I released a who is suffering from mental illness to lies face in their efforts to get help for report last year with Congressman be wrenched from his family, put into their children’s mental illness. HENRY WAXMAN that found that all too either the juvenile justice system or In 2003, the Government Account- often they are simply left to languish the foster care system simply because ability Office, GAO, issued a report in juvenile detention centers, which that is the only way to get that child that I requested with Representatives are ill-equipped to meet their needs, the care that he so desperately needs. PETE STARK and PATRICK KENNEDY that while they wait for scarce mental Serious mental illness afflicts mil- found that, in 2001, parents placed more health services. lions of our Nation’s children and ado- than 12,700 children into the child wel- Our report, which was based on a na- lescents. It is estimated that as many fare or juvenile justice systems so that tional survey of juvenile detention cen- as 20 percent of American children these children could receive mental ters, found that the use of juvenile de- under the age of 17 suffer from a men- health services. I believe that this is tention facilities to ‘‘warehouse’’ chil- tal, emotional or behavioral illness. just the tip of the iceberg, since 32 dren with mental disorders is a serious What I find most disturbing, however, States—including five States with the national problem. It found that, over a is the fact that two-thirds of all young largest populations of children—did not six month period, nearly 15,000 young provide the GAO with any data. people who need mental health treat- people—roughly 7 percent of all of the Other studies indicate that the prob- ment are not getting it. children in the centers surveyed—were lem is even more pervasive. A 1999 sur- Behind each of these statistics is a vey by the National Alliance for the detained solely because they were wait- family that is struggling to do the best Mentally III found that 23 percent—or ing for mental health services outside it can to help a son or a daughter with one in four of the parents surveyed— the juvenile justice system. Many were serious mental health needs to be just had been told by public officials that held without any charges pending like every other kid—to develop friend- they needed to relinquish custody of against them, and the young people in- ships, to do well in school, and to get their children to get care, and that one carcerated unnecessarily while waiting along with their siblings and other in five of these families had done so. for treatment were as young as seven family members. These children are al- Some States have passed laws to years old. Finally, the report estimated most always involved with more than limit custody or prohibit custody relin- that juvenile detention facilities are one social service agency, including quishment. Simply banning the prac- spending an estimated $100 million of the mental health, special education, tice is not a solution, however, since it the taxpayers’ money each year simply child welfare, or the juvenile justice can leave children with mental illness to warehouse children and teenagers systems. Yet no one agency, at either and their families without services and while they are waiting for mental the State or the Federal level, is clear- care. Custody relinquishment is merely health services. ly responsible or accountable for help- a symptom of the much larger problem, The Keeping Families Together Act, ing these children and their families. which is the lack of available, afford- which we are introducing today, will My interest in this issue was trig- able and appropriate mental health help to improve access to mental gered by a compelling series of stories services and support systems for these health services and assist states in by Barbara Walsh in the Portland children and their families. eliminating the practice of parents re- Press Herald which detailed the obsta- Last Congress, I chaired a series of linquishing custody of their children cles that many Maine families have hearings in the Governmental Affairs solely for the purpose of securing treat- faced in getting desperately needed Committee to examine this issue fur- ment. mental health services for their chil- ther. We heard compelling testimony The legislation authorizes $55 million dren. Too many families in Maine and from mothers who told us that they over 6 years for competitive grants to elsewhere have been forced to make were advised that the only way to get states to create an infrastructure to wrenching decisions when they have the intensive care and services that support and sustain statewide systems been advised that the only way to get their children needed was to relinquish of care to serve children who are in the care that their children so des- custody and place them in the child custody or at risk of entering custody perately need is to relinquish custody welfare or juvenile justice system. This of the State for the purpose of receiv- and place them in either the child wel- is a wrenching decision that no family ing mental health services. States al- fare or juvenile justice system. should be forced to make. No parent ready dedicate significant dollars to When a child has a serious physical should have to give up custody of his or serve children in state custody. These health problem like diabetes or a heart her child just to get the services that Family Support Grants would help condition, the family turns to their the child needs. States to serve children more effec- doctor. When the family includes a The mothers also described the bar- tively and efficiently, while keeping child with a serious mental illness, it is riers they faced in getting care for them at home with their families.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2299 The legislation would also remove a STARK, AND KENNEDY: As national organiza- American Psychiatric Association. current statutory barrier that prevents tions representing mental health consumers, American Psychological Association. more States from using the Medicaid families, advocates, professionals and pro- Association of University Centers on Dis- home and community-based services viders dedicated to improving the lives of abilities. children and adolescents living with mental Bazelon Center for Mental Health Law. waiver to serve children with serious disorders and their families, we applaud your Child and Adolescent Bipolar Foundation. mental health needs. This waiver pro- leadership in reintroducing the Keeping Children’s Action Alliance. vides a promising way for States to ad- Families Together Act in the 109th Congress. Children and Adults with Attention-Def- dress the underlying lack of mental This legislation promises to help end a icit/Hyperactivity Disorder. health services for children that often scandal that has lingered too long in states Child Welfare League of America. leads to custody relinquishment. While throughout our nation. As you know, thou- Children Awaiting Parents. a number of States have requested sands of families every year are forced to Children’s Defense Fund. Depression and Bipolar Alliance. these waivers to serve children with de- give up custody of their children to the state in order to secure vitally necessary mental Family Voices. velopmental disabilities, very few have health services. This unthinkable practice Federation of Families for Children’s Men- done so for children with serious men- tears families apart, is devastating for par- tal Health. tal health conditions. Our legislation ents and caregivers and leaves children feel- Foster Family-based Treatment Associa- would provide parity to children with ing abandoned in their hour of greatest need. tion. mental illness by making it easier for This practice occurs because most families Girls Incorporated of Memphis. States to offer them home- and com- have discriminatory and restrictive caps on Learning Disabilities Association of Amer- ica. munity-based services under this waiv- their private mental health coverage or in- surers fail to cover the required treatment. Lutheran Children and Family Service. er as an alternative to institutional National Alliance for the Mentally Ill. care. The majority of these families are not eligi- ble for Medicaid coverage because of their in- National Association for Children of Alco- And finally, the legislation calls for come. This truly unfortunate practice also holics. the creation of a federal interagency exists because of the lack of appropriate National Association for Children’s Behav- task force to examine mental health mental health services in many states and ioral Health. issues in the child welfare and juvenile communities for children and adolescents National Association of County Behavioral justice systems and the role of those with mental disorders. This was well docu- Health and Disability Directors. agencies in promoting access by chil- mented in President Bush’s New Freedom National Association of Mental Health Planning and Advisory Councils. dren and youth to needed mental Commission report on mental health (July 2003). National Association of Protection and Ad- health services. The task force would vocacy Systems. also be charged with monitoring the This legislation promises to help end this growing crisis by providing grants to states National Association of School Psy- Family Support grants, making rec- to establish interagency systems of care for chology. ommendations to Congress on how to children and adolescents with serious mental National Association of Social Workers. improve mental health services, and disorders. The grants will allow states to National Association of State Mental fostering interagency cooperation and build more efficient and effective mental Health Program Directors. National CASA Association (Court Ap- removing interagency barriers that health systems for children and families. It pointed Special Advocates). also eliminates barriers to home and com- contribute to the problem of custody National Foster Parent Association. munity-based care for children by enabling a relinquishment. National Independent Living Association. greater number of children to receive mental The Keeping Families Together Act National Mental Health Association. health services under the Section 1915(c) takes a critical step forward to meet- National Respite Coalition. Medicaid home- and community-based waiv- ing the needs of children with serious Physicians for Human Rights. er. The waiver promises to make appropriate School Social Work Association of Amer- mental or emotional disorders. Our leg- services available to children in their homes islation has been endorsed by a broad ica. and communities and close to their loved Suicide Prevention Action Network USA. coalition of mental health and chil- ones at a considerable cost savings over pro- Supportive Child Adult Network, Inc. dren’s groups, including the National viding those services in an institutional set- (Stop Child Abuse Now, Inc.) Alliance for the Mentally Ill, the Fed- ting. The Rebecca Project for Human Rights. eration of Families for Children’s Men- The legislation also calls for the creation Voice for Adoption. tal Health, the Bazelon Center for Men- of a federal interagency task force to exam- Volunteers of America. tal Health Law, the National Child ine mental health issues in the child welfare Youth Law Center. and juvenile justice systems. A GAO report Welfare League, the National Mental released in April 2003 showed that when par- FIGHT CRIME: INVEST IN KIDS, Health Association, the American Cor- ents give up custody of their child to secure rectional Association, the American Washington, DC, February 15, 2005. mental health services, those children are Hon. SUSAN COLLINS, Psychological Association, the Amer- placed in one of these two systems—neither U.S. Senate, ican Psychiatric Association, the of which is designed to be a mental health Washington, DC. American Academy of Child and Ado- service agency. DEAR SENATOR COLLINS: On behalf of the lescent Psychiatry, and Fight Crime, No family in our nation should ever be more than 2,000 sheriffs, police chiefs, pros- Invest in Kids. asked to make the heart-wrenching decision ecutors, and victims of violence who con- Mr. President, I ask unanimous con- to give up parental rights of their seriously stitute the national anti-crime group FIGHT ill child in exchange for mental health treat- sent that their letters of endorsement CRIME: INVEST IN KIDS, thank you for in- ment and services. troducing the Keeping Families Together for the bill be printed in the CONGRES- We welcome this legislation as a critical Act. This bill would take an important step SIONAL RECORD, and I urge all of our step toward ending this practice and toward toward ending the practice of inappropri- delivering more cost effective and appro- colleagues to join us as cosponsors. ately placing kids in juvenile detention fa- priate services for children and families. There being no objection, the mate- cilities solely because of the absence of af- Once again, we thank you for your leader- rial was ordered to be printed in the fordable and accessible mental health treat- ship and commitment to ending this practice RECORD, as follows: ment for them. These placements drain sig- and for continuing to stand up for children, nificant resources from an already under- FEBRUARY 14, 2005. families and common sense. funded juvenile justice system, diverting Hon. SUSAN COLLINS, Sincerely, Hon. MARK PRYOR, Adoptions Together, Inc. funding that would otherwise support effec- U.S. Senate, Alabama Foster and Adoptive Association. tive violence prevention programs for at-risk Washington, DC. Alliance for Children and Families. kids and intervention programs for kids who Hon. JIM RAMSTAD, American Academy of Child & Adolescent have already committed a criminal or delin- Hon. NANCY JOHNSON, Psychiatry. quent act. Hon. PETE STARK, American Correctional Association. A July 2003 General Accounting Office re- Hon. PATRICK KENNEDY, American Counseling Association. port, Child Welfare and Juvenile Justice: U.S. House of Representatives, American Mental Health Counselors Asso- Several Factors Influence the Placement of Washington, DC. ciation. Children Solely to Obtain Mental Health DEAR SENATORS COLLINS AND PRYOR AND American Association for Marriage and Services, revealed that over 9,000 kids in se- REPRESENTATIVES RAMSTAD, JOHNSON, Family Therapy. lected counties in 17 states were placed in

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2300 CONGRESSIONAL RECORD—SENATE February 15, 2005 the juvenile justice system merely to obtain way to get their child treatment, par- half of the income payments from an mental health services. Furthermore, a ents are forced to choose between cus- annuity purchased with after tax dol- House Committee on Government Reform re- tody and care. Passage of this legisla- lars, a so- called non-qualified annuity. port demonstrated that two-thirds of juve- tion is urgently needed so that thou- nile detention facilities inappropriately hold Importantly, we have proposed a cap kids waiting for mental health services. In 33 sands of parents are not forced to relin- on the exclusion so that no more that states, kids who did not have any criminal quish their custody rights to State $20,000 could be excluded in a year. For charges were held in detention facilities child welfare or juvenile agencies in a typical American in the 25 percent while awaiting community mental health order to obtain mental health care for tax bracket, this would provide an an- treatment. Other kids had been charged with their seriously mentally ill children. nual maximum tax savings of up to an offense but would not have been placed in In Oregon, children with serious men- $5,000. I believe that this modest tax in- detention but for the lack of available men- tal illnesses are being taken away from centive will enable some retirees to tal health treatment. In fact, the House their families at a time when they Committee report revealed that, each night, consider annuitizing a portion of their nearly 2,000 kids wait in detention for com- most need to be close to home. The nest egg so that they have a guaran- munity mental health services, representing availability of family support services, teed lifetime of income. 7 percent of all youth held in juvenile deten- community-based services and other In recent years, the ‘‘retirement se- tion. It is estimated that juvenile detention effective interventions will help reduce curity’’ debate in Congress has almost facilities spend approximately $100 million the need for costly residential care and entirely focused on the need to accu- each year to keep kids who are inappropri- consequently reduce the need to place mulate a nest egg prior to retirement. ately placed as they wait for mental health children in a setting away from their And, Congress is doing much to encour- treatment. This cost does not account for homes, families and communities. the additional service provision and staff age personal saving and employer-pro- time often needed in juvenile facilities to Keeping Families Together Act will vided retirement plans. I am proud of care for kids with severe mental health prob- also establish a Federal interagency both our successes and our continuing lems, although over half of responding facili- task force to examine mental health efforts in these areas. Encouraging ties reported that staff receives poor, very issues in the child welfare and juvenile more savings is an important step, but poor, or no mental health training. justice systems so that we can hope- it is not enough. What has received lit- Every year, 1.4 million kids are charged fully see an end to this practice, not tle attention is the retirement income with an offense for which an adult could be just in Oregon, but in every State in or ‘‘payout’’ phase of the retirement tried in a criminal court. The juvenile jus- our Nation. tice system is responsible for rehabilitating security equation. That is, we need to these kids so that they can leave the system I urge my colleagues to join me in be thinking about the management of and become productive citizens instead of support of this critical legislation. market and longevity risk so that a continuing a life of crime, as well as for pre- life’s savings can provide a secure re- venting such acts in the first place. Inappro- By Mr. SMITH (for himself, Mr. tirement. Longevity risk—the risk of priately placing kids who need mental CONRAD, MS. SNOWE, and Mrs. outliving one’s savings—is one of the health treatment in juvenile detention fa- CLINTON): biggest risks facing retirees. While we cilities places an unnecessary financial bur- S. 381. A bill to amend the Internal have some control over when we retire, den on the inadequately-resourced juvenile Revenue Code of 1986 to encourage justice system, and jeopardizes the safety of we have very little control over how guaranteed lifetime income payments long we will live. It is my goal that our communities. The Keeping Families To- from annuities and similar payments of gether Act would provide grants to help Americans will be able to enjoy a life- life insurance proceeds at dates later states provide and coordinate the needed time of income from their hard-earned array of mental health services to children than death by excluding from income a savings long after they have put their so that families do not need to relinquish portion of such payments; to the Com- years in the workforce behind them. mittee on Finance. their kids to the juvenile justice system. Please join me in supporting our pro- This legislation would also establish a fed- Mr. SMITH. Mr. President, America posal as a crucial step in providing a eral interagency task force to examine men- will soon be facing a new and serious secure retirement for all Americans. I tal health issues in the child welfare and ju- retirement challenge. Americans are ask unanimous consent that the text of venile justice systems. living longer. Yet, recent economic and We are proud that our Senator introduced the legislation be printed in the demographic shifts will put the retire- the Keeping Families Together Act to help RECORD. keep families together, focus juvenile justice ment security of many retirees at risk. Current projections regarding the sol- There being no objection, the text of resources on delinquent and at-risk kids, and the bill was ordered to be printed in make our communities safer. vency of the Social Security program Sincerely, are not favorable. And, with 77 million the RECORD, as follows: MARK WESTRUM, baby boomers set to begin retiring in S. 381 Sheriff, Sagadahoc County, ME. 2008, the number of retirees in the So- Be it enacted by the Senate and House of Rep- Mr. SMITH. Mr. President, I rise cial Security program is expected to resentatives of the United States of America in today to join my colleagues, Senator double. In addition, fewer retirees in Congress assembled, COLLINS and Senator PRYOR, in intro- the future will be able to depend on SECTION 1. SHORT TITLE. ducing the ‘‘Keeping Families Together monthly pension checks that many em- This Act may be cited as the ‘‘Retirement Act’’. This bill will expand Medicaid’s ployers once paid. A growing number of Security for Life Act of 2005’’. home and community based services retirees will be facing the difficult SEC. 2. EXCLUSION FOR LIFETIME ANNUITY PAY- waiver to cover children and adoles- challenge of managing their own sav- MENTS. cents in residential treatment facili- ings. (a) LIFETIME ANNUITY PAYMENTS UNDER ties. Currently, most state Medicaid In response to these trends, I am of- ANNUITY CONTRACTS.—Section 72(b) of the In- agencies, including Oregon, do not fering legislation aimed at assisting ternal Revenue Code of 1986 (relating to ex- clusion ratio) is amended by adding at the cover this intensive treatment. Americans maintain their financial end the following new paragraph: In 2001, 101 Oregon children and ado- independence and their standard of liv- ‘‘(5) EXCLUSION FOR LIFETIME ANNUITY PAY- lescents were placed in State custody ing throughout their retirement by MENTS.— because this was the only way they making it easier for them to secure a ‘‘(A) IN GENERAL.—In the case of lifetime could get the mental health treatment steady income for life. Under the Re- annuity payments received under one or they need. This situation occurs most tirement Security for Life Act that more annuity contracts in any taxable year, often in middle-income families, where Senator CONRAD and I are introducing gross income shall not include 50 percent of the family’s employer-based insurance today, a tax incentive would be enacted the portion of lifetime annuity payments otherwise includible (without regard to this does not cover intensive treatment for that encourages retirees to provide paragraph) in gross income under this sec- serious mental illness, but the family themselves with a guaranteed lifetime tion. For purposes of the preceding sentence, income is too high for them to qualify income. Specifically, the proposal the amount excludible from gross income in for Medicaid services. With no other would exclude from federal taxes one- any taxable year shall not exceed $20,000.

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‘‘(B) COST-OF-LIVING ADJUSTMENT.—In the ‘‘(iii) EXCEPTIONS.—For purposes of clause ‘‘(i) due to an event described in subsection case of taxable years beginning after Decem- (ii), annuity payments shall not fail to be (c)(5)(A)(iii), or ber 31, 2006, the $20,000 amount in subpara- treated as part of a series of substantially ‘‘(ii) due to the addition of, or increase in, graph (A) shall be increased by an amount equal periodic payments— a minimum period of payments within the equal to— ‘‘(I) because the amount of the periodic meaning of subsection (c)(5)(C) or a min- ‘‘(i) such dollar amount, multiplied by payments may vary in accordance with in- imum amount that must be paid in any ‘‘(ii) the cost-of-living adjustment deter- vestment experience, reallocations among event (within the meaning of subsection mined under section 1(f)(3) for the calendar investment options, actuarial gains or (c)(5)(D)), then gross income for the first tax- year in which the taxable year begins, deter- losses, cost of living indices, a constant per- able year in which such modification or re- mined by substituting ‘calendar year 2005’ centage applied not less frequently than an- duction occurs shall be increased by the re- for ‘calendar year 1992’ in subparagraph (B) nually, or similar fluctuating criteria, capture amount. thereof. ‘‘(II) due to the existence of, or modifica- ‘‘(2) RECAPTURE AMOUNT.— tion of the duration of, a provision in the If any amount as increased under the pre- ‘‘(A) IN GENERAL.—For purposes of this sub- contract permitting a lump sum withdrawal ceding sentence is not a multiple of $500, section, the recapture amount shall be the after the annuity starting date, or such amount shall be rounded to the next amount, determined under rules prescribed ‘‘(III) because the period between each such lower multiple of $500. by the Secretary, equal to the amount that payment is lengthened or shortened, but ‘‘(C) APPLICATION OF PARAGRAPH.—Subpara- (but for subsection (b)(5)) would have been only if at all times such period is no longer graph (A) shall not apply to— includible in the taxpayer’s gross income if than one calendar year. ‘‘(i) any amount received under an eligible the modification or reduction described in ‘‘(B) ANNUITY CONTRACT.—For purposes of deferred compensation plan (as defined in paragraph (1) had been in effect at all times, subparagraph (A) and subsections (b)(5) and section 457(b)) or under a qualified retire- plus interest for the deferral period at the (w), the term ‘annuity contract’ means a underpayment rate established by section ment plan (as defined in section 4974(c)), commercial annuity (as defined by section ‘‘(ii) any amount paid under an annuity 6621. 3405(e)(6)), other than an endowment or life ‘‘(B) DEFERRAL PERIOD.—For purposes of contract that is received by the beneficiary insurance contract. under the contract— this subsection, the term ‘deferral period’ ‘‘(C) MINIMUM PERIOD OF PAYMENTS.—For ‘‘(I) after the death of the annuitant in the means the period beginning with the taxable purposes of subparagraph (A), the term ‘min- year in which (without regard to subsection case of payments described in subsection imum period of payments’ means a guaran- (c)(5)(A)(ii)(III), unless the beneficiary is the (b)(5)) the payment would have been includ- teed term of payments that does not exceed ible in gross income and ending with the tax- surviving spouse of the annuitant, or the greater of 10 years or— ‘‘(II) after the death of the annuitant and able year in which the modification de- ‘‘(i) the life expectancy of the annuitant as scribed in paragraph (1) occurs. joint annuitant in the case of payments de- of the annuity starting date, in the case of ‘‘(3) EXCEPTIONS TO RECAPTURE TAX.—Para- scribed in subsection (c)(5)(A)(ii)(IV), unless lifetime annuity payments described in sub- the beneficiary is the surviving spouse of the graph (1) shall not apply in the case of any paragraph (A)(ii)(III), or modification or reduction that occurs be- last to die of the annuitant and the joint an- ‘‘(ii) the life expectancy of the annuitant nuitant, or cause an annuitant— and joint annuitant as of the annuity start- ‘‘(A) dies or becomes disabled (within the ‘‘(iii) any annuity contract that is a quali- ing date, in the case of lifetime annuity pay- meaning of subsection (m)(7)), fied funding asset (as defined in section ments described in subparagraph (A)(ii)(IV). 130(d)), but without regard to whether there ‘‘(B) becomes a chronically ill individual For purposes of this subparagraph, life ex- is a qualified assignment. within the meaning of section 7702B(c)(2), or pectancy shall be computed with reference ‘‘(D) INVESTMENT IN THE CONTRACT.—For ‘‘(C) encounters hardship.’’. to the tables prescribed by the Secretary purposes of this section, the investment in (d) LIFETIME DISTRIBUTIONS OF LIFE INSUR- under paragraph (3). For purposes of sub- ANCE DEATH BENEFITS.— the contract shall be determined without re- section (w)(1)(C)(ii), the permissible min- gard to this paragraph.’’. (1) IN GENERAL.—Section 101(d) of the Inter- imum period of payments shall be deter- nal Revenue Code of 1986 (relating to pay- (b) DEFINITIONS.—Subsection (c) of section mined as of the annuity starting date and re- ment of life insurance proceeds at a date 72 of the Internal Revenue Code of 1986 is duced by one for each subsequent year. later than death) is amended by adding at amended by adding at the end the following ‘‘(D) MINIMUM AMOUNT THAT MUST BE PAID the end the following new paragraph: new paragraph: IN ANY EVENT.—For purposes of subparagraph ‘‘(4) EXCLUSION FOR LIFETIME ANNUITY PAY- ‘‘(5) LIFETIME ANNUITY PAYMENT.— (A), the term ‘minimum amount that must MENTS.— ‘‘(A) IN GENERAL.—For purposes of sub- be paid in any event’ means an amount pay- ‘‘(A) IN GENERAL.—In the case of amounts section (b)(5), the term ‘lifetime annuity able to the designated beneficiary under an to which this subsection applies, gross in- payment’ means any amount received as an annuity contract that is in the nature of a come shall not include the lesser of— annuity under any portion of an annuity refund and does not exceed the greater of the ‘‘(i) 50 percent of the portion of lifetime an- contract, but only if— amount applied to produce the lifetime an- nuity payments otherwise includible in gross ‘‘(i) the only person (or persons in the case nuity payments under the contract or the income under this section (determined with- amount, if any, available for withdrawal of payments described in subclause (II) or out regard to this paragraph), or under the contract on the date of death.’’. (IV) of clause (ii)) legally entitled (by oper- ‘‘(ii) the amount in effect under section (c) RECAPTURE TAX FOR LIFETIME ANNUITY ation of the contract, a trust, or other le- 72(b)(5). PAYMENTS.—Section 72 of the Internal Rev- gally enforceable means) to receive such enue Code of 1986 is amended by redesig- ‘‘(B) RULES OF SECTION 72(b)(5) TO APPLY.— amount during the life of the annuitant or nating subsection (x) as subsection (y) and For purposes of this paragraph, rules similar joint annuitant is such annuitant or joint by inserting after subsection (x) the fol- to the rules of section 72(b)(5) and section annuitant, and lowing new subsection: 72(x) shall apply, substituting the term ‘ben- ‘‘(ii) such amount is part of a series of sub- ‘‘(x) RECAPTURE TAX FOR MODIFICATIONS TO eficiary of the life insurance contract’ for stantially equal periodic payments made not OR REDUCTIONS IN LIFETIME ANNUITY PAY- the term ‘annuitant’ wherever it appears, less frequently than annually over— MENTS.— and substituting the term ‘life insurance ‘‘(I) the life of the annuitant, ‘‘(1) IN GENERAL.—If any amount received contract’ for the term ‘annuity contract’ ‘‘(II) the lives of the annuitant and a joint under an annuity contract is excluded from wherever it appears.’’. annuitant, but only if the annuitant is the income by reason of subsection (b)(5) (relat- (2) CONFORMING AMENDMENT.—Section spouse of the joint annuitant as of the annu- ing to lifetime annuity payments), and— 101(d)(1) of such Code is amended by insert- ity starting date or the difference in age be- ‘‘(A) the series of payments under such ing ‘‘or paragraph (4)’’ after ‘‘to the extent tween the annuitant and joint annuitant is contract is subsequently modified so any fu- not excluded by the preceding sentence’’. 15 years or less, ture payments are not lifetime annuity pay- (e) EFFECTIVE DATE.— ‘‘(III) the life of the annuitant with a min- ments, (1) IN GENERAL.—The amendments made by imum period of payments or with a min- ‘‘(B) after the date of receipt of the first this section shall apply to amounts received imum amount that must be paid in any lifetime annuity payment under the contract in calendar years beginning after the date of event, or an annuitant receives a lump sum and there- the enactment of this Act. ‘‘(IV) the lives of the annuitant and a joint after is to receive annuity payments in a re- (2) SPECIAL RULE FOR EXISTING CON- annuitant with a minimum period of pay- duced amount under the contract, or TRACTS.—In the case of a contract in force on ments or with a minimum amount that must ‘‘(C) after the date of receipt of the first the date of the enactment of this Act that be paid in any event, but only if the annu- lifetime annuity payment under the contract does not satisfy the requirements of section itant is the spouse of the joint annuitant as the dollar amount of any subsequent annuity 72(c)(5)(A) of the Internal Revenue Code of of the annuity starting date or the difference payment is reduced and a lump sum is not 1986 (as added by this section), or require- in age between the annuitant and joint annu- paid in connection with the reduction, unless ments similar to such section 72(c)(5)(A) in itant is 15 years or less. such reduction is— the case of a life insurance contract), any

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2302 CONGRESSIONAL RECORD—SENATE February 15, 2005 modification to such contract (including a stations owned by the licensee seeking each calendar year to which section 308 ap- change in ownership) or to the payments renewal. The current statute restricts plies.’’. thereunder that is made to satisfy the re- the Commission’s review only to that SEC. 4. ISSUES AND PROGRAMS REPORTS; CHIL- quirements of such section (or similar re- station seeking the renewal. DREN’S TELEVISION REPORTS. quirements) shall not result in the recogni- Last June, FCC Chairman Michael (a) IN GENERAL.— tion of any gain or loss, any amount being (1) ELECTRONIC FILING.—The Commission included in gross income, or any addition to Powell and I challenged all local broad- shall amend its regulations to require every tax that otherwise might result from such cast television and radio stations to broadcaster to file, electronically, a copy of modification, but only if the modification is provide their local communities with its public interest issues and programs list completed prior to the date that is 2 years significant information on the local po- and its children’s programming reports with after the date of the enactment of this Act. litical issues facing communities, the the Commission, in such form as the Com- local candidates’ campaign platforms, mission may require, within 10 days after the By Mr. MCCAIN: and the local candidate debates during end of each calendar quarter. S. 383. A bill to shorten the term of the 2004 election. In response to the (2) WAIVER.—The Commission may waive broadcasting licenses under the Com- or defer compliance with the regulations pro- challenge, many broadcasters sent vol- munications Act of 1934 from 8 to 3 mulgated in paragraph (1) by a broadcaster years, to provide better public access umes of material detailing their exten- in any specific instance for good cause shown to broadcasters’ public interest issues sive election coverage and committing where such action would be consistent with and programs lists and children’s pro- to increase their coverage in 2004. the public interest. (b) LICENSEE WEBSITE REQUIREMENT.—The gramming reports, and for other pur- Today, the Norman Lear Center at the Annenberg School for Communication Commission shall amend its regulations to poses; to the Committee on Commerce, require every broadcast station for which Science, and Transportation. at the University of Southern Cali- fornia released findings showing that there is a publicly accessible website on the Mr. MCCAIN. Mr. President, I rise Internet— today to introduce the ‘‘Localism in local news coverage of local political (1) to make its public interest issues and Broadcasting Reform Act of 2005.’’ This campaigns is dismal. Specifically, the programs list and its children’s program- legislation would reduce the license study found that 92 percent of the news ming reports available to the public on that term for broadcasters from 8 years to 3 broadcasts studied contained no stories website; or years, thereby requiring broadcasters about races for the U.S. House, State (2) to provide a hyperlink on that website to provide the Federal Communica- senate or assembly, mayor, city coun- to that information on the Commission’s website. tions Commission (FCC or Commis- cil, law-enforcement posts, judgeships, education offices, or regional or county (c) COMMISSION WEBSITE REQUIREMENT.— sion) with information every 3 years on The Commission shall provide access to the why their license should be renewed. offices. public to the public interest issues and pro- Prior to 1981, broadcast licenses were Therefore, I feel it is now time to in- grams lists and children’s programming re- granted for a term of 3 years. troduce legislation to bring local back ports filed electronically by broadcasting The bill would require the full Com- into local broadcasting. I believe this stations with the Commission. mission to review 5 percent of all li- legislation is a step in the right direc- (d) TIMEFRAME.—The Commission shall cense and renewal applications. Cur- tion. It will have a small impact on amend its regulations to carry out the re- rently, the Media Bureau randomly au- those stations that are currently meet- quirements of this section not later than 180 days after the date of enactment of this Act. dits 5 percent of all license renewal ap- ing their public interest obligations, SEC. 5. STANDARDS FOR BROADCAST STATION plications. The FCC first started an but it should have a large impact on RENEWAL TO INCLUDE REVIEW OF audit process back in the 1980s when those citizens whose local broadcaster LICENSEE’S OTHER STATIONS. the FCC changed its license renewal is not meeting its obligations. I refuse Section 309(k)(1) of the Communications process from one where stations sub- to believe that the ‘‘public interest’’ is Act of 1934 (47 U.S.C. 309(k)(1)) is amended— mitted evidence of ‘‘public interest’’ served by minimal campaign coverage, (1) by striking ‘‘with respect to that sta- obligations compliance to one where such as a 12 second sound bite on from tion,’’ and inserting ‘‘with respect to that stations self certify compliance, critics a candidate during a half-hour local station (and all stations operated by the li- censee),’’; call it a ‘‘post card renewal’’. This sec- news program as found in the study. (2) by striking ‘‘its’’ and inserting ‘‘that tion would take the audit process a Citizens deserve more from their local station’s’’; and step further by requiring the Commis- broadcaster. (3) in subparagraph (A), by striking ‘‘the sioners to review the applications se- I ask unanimous consent that the station has’’ and inserting ‘‘the station has, lected for audit rather than the Media text of the bill be printed in the and such other stations have,’’. Bureau. RECORD. SEC. 6. PARTY IN INTEREST REQUIREMENT FOR The bill would command broad- There being no objection, the text of PETITIONS TO OPPOSE THE GRANT casters to post on their Internet sites the bill was ordered to be printed in OR RENEWAL OF A LICENSE. Section 309(d) of the Communications Act information detailing their commit- the RECORD, as follows: of 1934 (47 U.S.C. 309(d)(1)) is amended by add- ment to local public affairs program- S. 383 ing at the end the following: ming and children’s programming. The Be it enacted by the Senate and House of Rep- ‘‘(3) For purposes of paragraph (1), the bill also calls for the FCC to complete resentatives of the United States of America in term ‘party in interest’ includes any indi- its proceeding on whether public inter- Congress assembled, vidual who— est obligations should apply to broad- SECTION 1. SHORT TITLE. ‘‘(A) is a listener or viewer of the specific casters in the digital era. This Act may be cited as the ‘‘Localism in station to which the application relates (de- To ensure that viewers or listeners Broadcasting Reform Act of 2005’’. termined without regard to such individual’s can fully participate in a broadcaster’s SEC. 2. 3-YEAR TERM FOR BROADCAST LICENSES. place of residence); ‘‘(B) asserts an interest in vindicating the license renewal, the bill would codify (a) IN GENERAL.—Section 307(c)(1) of the Communications Act of 1934 (47 U.S.C. general public interest; and the Commission’s rule that a viewer or 307(c)(1)) is amended by striking ‘‘8’’ each ‘‘(C) makes the specific allegations and listener has standing to challenge a li- place it appears and inserting ‘‘3’’. showings required by this subsection.’’. cense if he demonstrates either that he (b) EXISTING LICENSES.—The amendment SEC. 7. COMPLETION OF CERTAIN PENDING PRO- resides in the station’s service area or made by subsection (a) shall apply to li- CEEDINGS. that he regularly listens or views the censes granted or renewed after the date of (a) IN GENERAL.—Not later than 9 months station and that such listening or view- enactment of this Act. after the date of enactment of this Act, the ing is not the result of transient con- SEC. 3. FULL COMMISSION REVIEW REQUIRED Commission shall complete action on— tacts with the station. FOR 5 PERCENT OF APPLICATIONS. (1) In the Matter of Standardized and En- Lastly, the bill would allow the Com- Section 309(a) of the Communications Act hanced Disclosure Requirements for Tele- of 1934 (47 U.S.C. 309(a)) is amended by adding vision Broadcast Licensee Public Interest mission, during a license renewal pro- at the end the following: ‘‘The determination Obligations, MM Docket No. 00–168; and ceeding, to review not only the per- required by this subsection shall be made by (2) In the Matter of Public Interest Obliga- formance of the station seeking re- the full Commission en banc in no fewer than tions of Television Broadcast Licensees, MM newal, but also the performance of all 5 percent of the applications filed with it in Docket No. 99–360.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2303 (b) STANDARDIZED FORMS FOR ELECTRONI- It has been my hope since the 2002 modity Credit Corporation for 1 or more loan CALLY FILED REPORTS.—As part of the pro- farm bill conference committee commodities, as determined by the Sec- ceedings described in subsection (a), the dropped the payment limit amendment retary, including the use of a certificate for Commission shall— that Congress would establish legiti- the settlement of a marketing assistance (1) give consideration to requiring stand- loan made under that subtitle, with the gain ardized forms for broadcasters to use in pre- mate, reasonable payment limits simi- reported annually to the Internal Revenue paring public interest issues and programs lar to S. 667, the payment limits bill we Service and to the taxpayer in the same lists for electronic filing; and introduced last session. manner as gains under subparagraphs (A) (2) if it determines that such standardized While we have not yet achieved our and (B).’’; forms would be in the public interest, de- ultimate goal, no one can question that (4) by adding at the end the following: velop and promulgate such forms and require the votes have been there for payment ‘‘(h) SINGLE FARMING OPERATION.— their use by permittees and licensees. limits. Unfortunately, a two-thirds ma- ‘‘(1) IN GENERAL.—Notwithstanding sub- SEC. 8. DEFINITIONS. jority in the Senate hasn’t been enough sections (b) through (d), subject to paragraph In this Act: to protect this issue in conference. But (2), if a person participates only in a single (1) BROADCASTER.—The term ‘‘broadcaster’’ times are clearly changing thanks to farming operation and receives, directly or means a permittee or licensee of a commer- indirectly, any payment or gain covered by the President’s support for payment this section through the farming operation, cial or non-commercial television or radio limits in his budget proposal. broadcast station. the total amount of payments or gains (as The legislation we are introducing (2) CHILDREN’S PROGRAMMING REPORTS.— applicable) covered by this section that the The term ‘‘children’s programming reports’’ today adopts the President’s proposed person may receive during any crop year means the information that a broadcaster is cap of $250,000, while maintaining other may be up to but not exceed twice the appli- required to provide for public inspection by concepts from S. 667 that the President cable dollar amounts specified in subsections paragraph (e)(11)(iii) of section 73.3526 of title has embraced like limiting the subter- (b), (c), and (d). 47, Code of Federal Regulations. fuge surrounding the three-entity rule, ‘‘(2) INDIVIDUALS.—The total amount of (3) COMMISSION.—The term ‘‘Commission’’ curtailing the use of generic certifi- payments or gains (as applicable) covered by means the Federal Communications Com- cates, and developing a measurable this section that an individual person may receive during any crop year may not exceed mission. standard to determine who should and (4) PUBLIC INTEREST ISSUES AND PROGRAMS $250,000. should not be receiving farm subsidies. LIST.—The term ‘‘public interest issues and ‘‘(i) SPOUSE EQUITY.—Notwithstanding sub- programs list’’ means the information that— I look forward to working with Sen- sections (b) through (d), except as provided (A) a commercial broadcast station is re- ator DORGAN again on this issue. With in subsection (e)(2)(C)(i), if an individual and quired to provide for public inspection by the President’s support I believe we spouse are covered by subsection (e)(2)(C) paragraphs (e)(11)(i) and (12) of section 73.3526 will have success. and receive, directly or indirectly, any pay- of title 47, Code of Federal Regulations; and I ask unanimous consent, that the ment or gain covered by this section, the (B) a non-commercial broadcast station is text of the bill be printed in the total amount of payments or gains (as appli- cable) covered by this section that the indi- required to provide for public inspection by RECORD. paragraph (e)(8) of section 73.3527 of title 47, There being no objection, the bill was vidual and spouse may jointly receive during Code of Federal Regulations. any crop year may not exceed twice the ap- ordered to be printed in the RECORD, as plicable dollar amounts specified in sub- follows: By Mr. GRASSLEY (for himself, sections (b), (c), and (d). S. 385 Mr. DORGAN, Mr. HAGEL, and ‘‘(j) REGULATIONS.— Be it enacted by the Senate and House of Rep- ‘‘(1) IN GENERAL.—Not later than 270 days Mr. JOHNSON): resentatives of the United States of America in after the date of enactment of this sub- S. 385. A bill to amend the Food Se- Congress assembled, section, the Secretary shall promulgate reg- curity Act of 1985 to restore integrity SECTION 1. SHORT TITLE. ulations— to and strengthen payment limitation This Act may be cited as the ‘‘Rural Amer- ‘‘(A) to ensure that total payments and rules for commodity payments and ica Preservation Act’’. gains described in this section made to or benefits; to the Committee on Agri- SEC. 2. PAYMENT LIMITATIONS. through joint operations or multiple entities culture, Nutrition, and Forestry. Section 1001 of the Food Security of 1985 (7 under the primary control of a person, in Mr. GRASSLEY. Mr. President, the U.S.C. 1308) is amended— combination with the payments and gains American people recognize the impor- (1) in subsection (b)(1), by striking received directly by the person, shall not ex- ceed twice the applicable dollar amounts tance of the family farmer to our Na- ‘‘$40,000’’ and inserting ‘‘$20,000’’; (2) in subsection (c)(1), by striking specified in subsections (b), (c), and (d); tion, and the need to provide an ade- ‘‘$65,000’’ and inserting ‘‘$30,000’’; ‘‘(B) in the case of a person that in the ag- quate safety net for family farmers. In (3) in subsection (d), by striking ‘‘(d)’’ and gregate owns, conducts farming operations, recent years, however, assistance to all that follows through the end of paragraph or provides custom farming services on land farmers has come under increasing (1) and inserting the following: with respect to which the aggregate pay- scrutiny. ‘‘(d) LIMITATIONS ON MARKETING LOAN ments exceed the applicable dollar amounts Critics of farm payments have argued GAINS, LOAN DEFICIENCY PAYMENTS, AND specified in subsections (b), (c), and (d), to that the largest corporate farms reap COMMODITY CERTIFICATE TRANSACTIONS.— attribute all payments and gains made on most program benefits. The reality is ‘‘(1) LOAN COMMODITIES.—The total amount crops produced on the land to— of the following gains and payments that a ‘‘(i) a person that rents land as lessee or over 72 percent of the payments have person may receive during any crop year lessor through a crop share lease and re- gone to only 10 percent of our Nation’s may not exceed $75,000: ceives a share of the payments that is less farmers. There is good reason to be ‘‘(A)(i) Any gain realized by a producer than the usual and customary share of the critical of our farm programs. from repaying a marketing assistance loan crop received by the lessee or lessor, as de- What’s more, farm payments that for 1 or more loan commodities under sub- termined by the Secretary; were originally designed to benefit title B of title I of the Farm Security and ‘‘(ii) a person that provides custom farm- small- and medium-sized family farm- Rural Investment Act of 2002 (7 U.S.C. 7931 et ing services through arrangements under ers have contributed to their own de- seq.) at a lower level than the original loan which— rate established for the loan commodity ‘‘(I) all or part of the compensation for the mise. Unlimited farm payments have under that subtitle. services is at risk; placed upward pressure on land prices ‘‘(ii) In the case of settlement of a mar- ‘‘(II) farm management services are pro- and have contributed to overproduc- keting assistance loan for 1 or more loan vided by— tion and lower commodity prices, driv- commodities under that subtitle by for- ‘‘(aa) the same person; ing many family farmers off the farm. feiture, the amount by which the loan ‘‘(bb) an immediate family member; or The Senate has agreed, by an over- amount exceeds the repayment amount for ‘‘(cc) an entity or individual that has a whelming bipartisan vote during the the loan if the loan had been settled by re- business relationship that is not an arm’s 2002 farm bill debate and two Senate payment instead of forfeiture. length relationship, as determined by the ‘‘(B) Any loan deficiency payments re- Secretary; or Budget Committee markups that tar- ceived for 1 or more loan commodities under ‘‘(III) more than 2⁄3 of the farming oper- geting Federal assistance to small- and that subtitle. ations are conducted as custom farming medium-sized family farmers is the ‘‘(C) Any gain realized from the use of a services provided by— right thing to do. commodity certificate issued by the Com- ‘‘(aa) the same person;

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2304 CONGRESSIONAL RECORD—SENATE February 15, 2005 ‘‘(bb) an immediate family member; or centives for the investment in green- centives to address the reduction of ‘‘(cc) an entity or individual that has a house gas intensity reduction projects, greenhouse gas emissions. business relationship that is not an arm’s and for other purposes; to the Com- It focuses on the role of technology, length relationship, as determined by the mittee on Finance. private and public partnerships, and Secretary; or developing countries. ‘‘(iii) a person under such other arrange- By Mr. HAGEL (for himself, Mr. ments as the Secretary determines are estab- Any climate policy initiative must lished to transfer payments from persons ALEXANDER, Mr. CRAIG, and include clear metrics that recognize that would otherwise exceed the applicable Mrs. DOLE): the links between energy, the econ- dollar amounts specified in subsections (b), S. 388. A bill to amend the Energy omy, and the environment. Too often (c), and (d); and Policy Act of 1992 to direct the Sec- these policies are considered in vacu- ‘‘(C) to ensure that payments attributed retary of Energy to carry out activities ums. It is a global issue. under this section to a person other than the that promote the adoption of tech- Bringing in the private sector and direct recipient shall also count toward the nologies that reduce greenhouse gas in- creating incentives for technological limit of the direct recipient. tensity and to provide credit-based fi- ‘‘(2) PRIMARY CONTROL.—The regulations innovation will be critical to real under paragraph (1) shall define ‘primary nancial assistance and investment pro- progress on global climate policy. I be- control’ to include a joint operation or mul- tection for projects that employ ad- lieve that greenhouse gas intensity, or tiple entity in which a person owns an inter- vanced climate technologies or sys- the amount of carbon emitted relative est that is equal to or greater than the inter- tems, to provide for the establishment to economic output, is the best meas- est of any other 1 or more persons that mate- of a national greenhouse gas registry, urement for dealing with climate rially participate on a regular, substantial, and for other purposes; to the Com- change. and continuous basis in the management of mittee on Energy and Natural Re- Greenhouse gas emission intensity is the operation or entity.’’. sources. the measurement of how efficiently a SEC. 3. SCHEMES OR DEVICES. Mr. HAGEL. Mr. President, on Section 1001B of the Food Security Act of nation uses carbon emitting fuels and 1985 (7 U.S.C. 1308–2) is amended— Wednesday, the U.N. Global Climate technology in producing goods and (1) by inserting ‘‘(a) IN GENERAL.—’’ before Treaty known as the Kyoto Protocol services. It captures the links between ‘‘If’’; and will enter into force, requiring more energy efficiency, economic develop- (2) by adding at the end the following: than 30 industrialized nations to sig- ment, and the environment. ‘‘(b) FRAUD.—If fraud is committed by a nificantly cut manmade greenhouse The first bill, the Climate Change person in connection with a scheme or device gas emissions by 2012. Technology Deployment in Developing to evade, or that has the purpose of evading, I rise today to introduce three pieces Countries Act, provides the Secretary section 1001, 1001A, or 1001C, the person shall of legislation which I believe can help be ineligible to receive farm program pay- of State with new authority for coordi- ments (as described in subsections (b), (c), contribute to a new domestic and nating assistance to developing coun- and (d) of section 1001 as being subject to international consensus on climate tries for projects and technologies that limitation) applicable to the crop year for change. This legislation builds upon reduce greenhouse gas intensity. which the scheme or device is adopted and three principles: the need for shared re- It supports the development of a U.S. the succeeding 5 crop years.’’. sponsibilities between developed and global climate strategy to expand the SEC. 4. REGULATIONS. developing countries; the linkages be- role of the private sector, develop pub- (a) IN GENERAL.—The Secretary of Agri- tween environmental, economic, and lic-private partnerships, and encourage culture may promulgate such regulations as energy policies; and the employment of the deployment of greenhouse gas re- are necessary to implement this Act and the greenhouse gas intensity as the best ducing technologies in developing amendments made by this Act. measurement upon which to build an (b) PROCEDURE.—The promulgation of the countries. This bill directs the Sec- regulations and administration of this Act effective climate policy. retary of State to engage global cli- and the amendments made by this Act shall I thank Senators ALEXANDER, CRAIG, mate change as a foreign policy issue. be made without regard to— and DOLE for their support and for It directs the U.S. Trade Representa- (1) the notice and comment provisions of agreeing to cosponsor these bills, tive to negotiate the removal of trade- section 553 of title 5, United States Code; which are titled: The Climate Change related barriers to the export of green- (2) the Statement of Policy of the Sec- Technology Deployment in Developing house gas intensity reducing tech- retary of Agriculture effective July 24, 1971 Countries Act; The Climate Change nologies, and establishes an inter-agen- (36 Fed. Reg. 13804), relating to notices of Technology Deployment Act; and, The proposed rulemaking and public participa- cy working group to promote the ex- tion in rulemaking; and Climate Change Technology Tax Incen- port of greenhouse gas intensity reduc- (3) chapter 35 of title 44, United States tives Act. ing technologies and practices from the Code (commonly known as the ‘‘Paperwork Global climate policy affects the United States. Reduction Act’’). world’s economic, energy, and environ- The legislation authorizes fellowship (c) CONGRESSIONAL REVIEW OF AGENCY mental policies. These circles of inter- and exchange programs for foreign offi- RULEMAKING.—In carrying out this section, est in policy are interconnected. Cli- cials to visit the United States and ac- the Secretary shall use the authority pro- mate change does not recognize na- quire the expertise and knowledge to vided under section 808 of title 5, United tional borders. It is a shared responsi- States Code. reduce greenhouse gas intensity in bility for all nations. Dealing with their countries. Current international By Mr. HAGEL (for himself, Mr. global climate policy requires a level of approaches to global climate change ALEXANDER, Mr. CRAIG, and diplomatic intensity and coordination overlook the role of developing coun- Mrs. DOLE): worthy of the magnitude of the chal- tries as part of either the problem or S. 386. A bill to direct the Secretary lenge. the solution. of State to carry out activities that We all agree on the need for a clean In July 1997, months before the Pro- promote the adoption of technologies environment and stable climate. The tocol was signed, the Senate unani- that reduce greenhouse gas intensity in debate is about solutions. The question mously passed. S. Res. 98, the Byrd- developing countries, while promoting we face is not whether we should take Hagel Resolution, which called on the economic development, and for other action, but what kind of action we President not to sign any treaty or purposes; to the Committee on Foreign should take. agreement in Kyoto unless two condi- Relations. Climate change initiatives should in- tions were met. clude commitments to research and de- First, the United States should not By Mr. HAGEL (for himself, Mr. velopment, technology, and a more ef- be party to any legally binding obliga- ALEXANDER, Mr. CRAIG, and ficient and productive use of energy tions on greenhouse gas emission re- Mrs. DOLE): and resources. ductions unless developing country, S. 387. A bill to amend the Internal My climate change legislation au- parties are required to meet the same Revenue Code of 1986 to provide tax in- thorizes new programs, policies, and in- standards. Second, the President

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2305 should not sign any treaty that ‘‘would This bill directs the Secretary of En- Mr. CRAIG. Mr. President, I am result in serious harm to the economy ergy to lead an inter-agency process to pleased to be on the floor at this mo- of the United States.’’ develop and implement a national cli- ment to join my colleague CHUCK Kyoto does not meet either of these mate strategy provided by the Office of HAGEL in the introduction of legisla- conditions. As it stands, developing Science and Technology Policy. It es- tion that he has put together out of a countries are exempt from the Kyoto tablishes a Climate Coordinating Com- variety of avenues of interest and im- obligations, leaving more than 30 de- mittee and Climate Credit Board to as- portance to deal with the issue of cli- veloped countries to address green- sess, approve, and fund these projects. mate change, a issue in which he and I house gas emissions. Developing na- Our third bill, the Climate Change have been engaged for a good long tions are becoming the major emitters Technology Tax Incentives Act, while. I am not quite sure how many of greenhouse gases, but they are ex- amends the tax code to provide incen- years ago it was that I, as the freshman empted from the Kyoto Protocol. tives for investment in climate change chairman of the Republican Policy A recent Congressional Budget Of- technology. It also expresses our sup- Committee, turned to CHUCK to see if fice—CBO—report explains that devel- port for making permanent the current he could bring Senators together in a oping countries are projected within research and development tax credit, bipartisan way on what we believed at the next 20 years to account for two- which otherwise expires on December the moment—and we still believe thirds of the growth in carbon dioxide 31, 2005. An article in the Wall Street today—was a critically important issue emissions as their populations and Journal on February 4, 2005, reported to be addressed. economies expand. There are reasons on the potential for ‘‘geologic storage’’ Out of that effort grew the Hagel- for this. of carbon dioxide as a means to dra- Byrd resolution which passed this body Developing nations cannot achieve. matically reduce carbon dioxide emis- by an overwhelming vote, and was a greenhouse gas reductions until they sions. very clear message to America—and to achieve higher standards of living. Geologic storage involves pumping the world—on what we believed was They lack clean energy technology and carbon dioxide into the ground, rather necessary and important if we were to they cannot absorb the economic im- than dumping it into the atmosphere. responsibly and effectively engage in pact of the changes necessary for emis- BP has been using geologic storage in the debate of climate change outside sions reductions. New policies will re- Algeria’s Sahara Desert and Statoil and well beyond the Kyoto protocol. quire recognition of the limitations of has been working on this in Norway’s The legislation Senator HAGEL brings developing nations to meet these North Sea. Chevron Texaco is planning to the floor today, of which I am proud standards, and the necessity of includ- a project off the coast of Australia. to be a cosponsor, is what I believe is a The article reports that: ing them in any successful future ini- needed and necessary next step to work tiative. the concept is drawing growing interest be- cooperatively with this administration cause it could curb global warming more Because Kyoto does not include de- quickly than switching to alternative energy and with countries around the world to veloping countries, its approach is un- sources or cutting energy use. begin to recognize all that is the make- realistic. Any reduction in greenhouse There is still much work to be done. up of this issue. gas emissions by the United States and But this kind of technology that was Our policy must recognize the legiti- other developed countries will soon be described in the Wall Street Journal mate needs of our bilateral trading eclipsed by emissions from developing article is the kind of technology that partners to use their resources to meet nations, such as China, which will soon must be employed around the world to the needs of their people. Yet, at the be the world’s largest emitter of man- achieve results in reducing greenhouse same time, the initial debate basically made greenhouse gases. gas emissions. My legislation would suggested that if in fact human in- It is in the shared interests of the support more of this type of activity. volvement in the climate of the world United States and industrialized na- The American people and all global was changing the climate of the world, tions to help developing countries by citizens need to better understand the only way you could save the cli- sharing cleaner technology. Developing global climate change, its connections mate was to turn the lights out. It did countries can then ‘‘leapfrog’’ over the to our economic and energy policies, not address the human need. It did not highly polluting stages of development and what the realistic options are for address the economic growth that was that countries like the U.S. have al- addressing this challenge. Any rec- critically necessary at that time. That ready been through. ommendations regarding climate pol- is why our country pushed back and My legislation includes tax incen- icy must meet the demands of eco- said no, we would not ratify Kyoto; tives for American businesses to work nomic growth and development, espe- that we would go much further than with foreign countries to help develop cially in the developing world. This that in bringing about the changes clean energy projects and fuel-efficient will require a market-driven, tech- that were necessary and that this ad- technologies. nology-based approach that com- ministration engaged in. Our second bill, the Climate Change plements the world’s environmental in- This legislation does a great deal Technology Deployment Act, supports terests, and connects the public and more toward recognizing the need for establishing domestic public-private private sectors. bringing resources together. partnerships for demonstration proj- Achieving reductions in greenhouse Senator HAGEL has made clear the ects that employ greenhouse gas inten- gas emissions is one of the important other important things this legislation sity reduction technologies. Our plan challenges of our time. America has an will do. Above all, this legislation is a provides credit-based financial assist- opportunity and a responsibility for true acknowledgment that climate var- ance and investment protection for global climate policy leadership. But it iability and change is a top priority as American businesses and projects that is a responsibility to be shared by all an issue for the United States—and for deploy advanced climate technologies nations. I look forward to working all nations—to be involved in. or systems. Federal financial assist- with my colleagues in the Congress, There can be an honest debate about ance includes direct loans, loan guar- the Bush administration, the private whether the United States should do antees, standby interest coverage, and sector, public interest groups, and more or whether too much reliance is power production incentive payments. America’s allies on achievable climate being placed on voluntary initiatives, We are most successful in con- change policy. but to claim that the United States is fronting the most difficult issues when By harnessing our many strengths, not acting seriously reflects, at best, a we draw on the strength of the private we can help shape a worthy future for lack of knowledge or, at worst, polit- sector. Public-private partnerships all people, and build a better world. ical posturing. meld together the institutional lever- I yield the floor. An objective review of Government age of the government with the innova- The PRESIDING OFFICER. The Sen- and private sector programs to reduce tion of industry. ator from Idaho. increases in greenhouse gas now and in

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2306 CONGRESSIONAL RECORD—SENATE February 15, 2005 the future would have to conclude that and in large part that is why the devel- As I said, there can be a legitimate the United States is doing at least as oping world would not come along. debate about whether more can be done much, if not more, than countries that How can you deny a country the right while meeting our Nation’s economic are part of the Kyoto Protocol which to use its resources for the economic, objectives. I, for one, support doing will go into effect tomorrow. The best humanitarian, and health benefits of more in the areas of technological de- evidence of this is our domestic rate of its people? You cannot do that. Nor velopment to help lift developing coun- improvement in greenhouse gas inten- should we be engaged in trying to do tries from the depths of their plights sity relative to the improvements that. and to advance their cause as we ad- other countries are making. What we can do as a developed and vance ours. That is why I am proud to The term I just used, ‘‘greenhouse advanced Nation is offer up exactly be working with my colleagues in the gas intensity,’’ is defined in legislation what we are doing; offer up what the Senate. I thank Senator HAGEL, Sen- as the ratio of greenhouse gas emis- Hagel legislation brings together. That ator ALEXANDER, Senator DOLE, and sions to economic output. This is a far is all we are doing now, and advancing others for the hard work they have put wiser measure of progress because it and incentivizing, through this legisla- in and the cooperative effort reflected complements, rather than conflicts tion, countries to do more in the area in the bill introduced this afternoon. with, a nation’s goal of growing its of technology. I yield the floor. economy and meeting the needs and as- These programs are designed to ad- The PRESIDING OFFICER. The Sen- pirations of its people. vance our state of knowledge, accel- ator from Tennessee. Too much attention is being paid to erate the development and the deploy- Mr. ALEXANDER. Mr. President, I the mandatory nature of Kyoto. Too ment of energy technologies, aid devel- salute Senator HAGEL for his leadership little results are being achieved. It is oping countries in using energy more and his contribution on this issue. I am very interesting to note that most of efficiently, and achieve an 18-percent glad to be here with my colleague, Sen- the countries that ratified Kyoto will reduction in energy intensity by 2012— ator CRAIG, who is one of the Senate’s not meet the greenhouse gas reduction a phenomenally responsive goal and real authorities on energy. We have had some trouble passing an targets by the deadlines required by something we clearly can take to the energy bill in the Senate. We are hav- Kyoto. Indeed, when I and Senator world community. Our administration today in a series ing some trouble passing a clean air CRAIG THOMAS and Congressman JOE of bilateral agreements is working with bill in the Senate. If we are being log- BARTON were in Buenos Aires at the ical—which is hard for a Senate to be— COP–10 conference in December, many other countries to help them get to we would set clean air objectives and nations were quietly acknowledging where we want and where they want to pass a clean energy bill to help reach that they could not get to where they get, and for the sake of the environ- ment, where we all want us all to go. that objective, do it at once, and give promised they would get, and, in fact, I was extremely proud sitting in dif- ourselves a low cost, reliable supply of some have even suggested that by 2012 ferent forums in Buenos Aires to see energy, less dependent on the rest of they would find it incumbent upon the United States talk about the lead- the world, and do it in a way that is en- themselves and their nations to back ership role it has taken and the bilat- vironmentally sound. out of Kyoto. However, all still recog- eral partnerships it has agreed to, and That is our objective. We have dif- nize the importance of this issue, un- all the things that we can help with in ferent approaches on this, but Senator derstanding it, and clearly defining it. the world of change today. It is clearly HAGEL has put his emphasis today ex- What Senator HAGEL’s legislation to our advantage and to the advantage actly where it needs to be. The United does is shape for us a variety of things of the world at large. States of America is a country that has that are already underway, while still What Senator HAGEL has effectively about a third of all the GDP in the allowing us clearly to define them and done today is to get our arms around world. We have 5 to 6 percent of the to say, both here at home with our do- this issue to try to more directly define people and a third of all the money is mestic policy as well as internation- it, and to show that we are sensitive to one way to put it. ally, that we mean what we say and we it; that we are responding to the issue How did we get that money? How did mean what we do. as clearly as our administration has we get our position? The National The United States is currently spend- and continues to do. Academy of Sciences says that since ing in excess of $5 billion annually in Domestically, the United States has World War II, half our new jobs have scientific and technological initiatives. and continues to make world leading come from advances in science and When we were in Buenos Aires, I was investments in climate change science technology. There are other countries very proud to stand before my col- technology. The United States has also in the world—a growing number of leagues from around the world and be- implemented a wide range of national countries—that have great capacity for fore nongovernmental organizational greenhouse control initiatives, cash se- science and technology. Some of the groups and state that the United questration programs, and inter- greatest scientists and engineers who States is spending more on this issue, national collaborative programs. All of have worked in this country have come in both advances in science and techno- those are bound up within the from other countries in the world. But logical change, than the rest of the bilaterals I have talked about that we if any country in the world ought to be world combined times two. Then I re- are engaged in. putting a focus on science and tech- minded them that all that we do, they The legislation we have introduced nology as a way of helping not just could have also: that our technology today furthers all of these goals. their country but the rest of the world would be in the world, that our science President Bush has consistently ac- deal with the issue of greenhouse gases, would be available to them, and that to knowledged how human activity can it ought to be the United States of work our way out of or to change the affect our climate, and that the cli- America. Senator HAGEL is exactly character of our economies without mate variability does not recognize na- right to put the spotlight there. He damaging those economies would in tional borders. The key issue is not does it in a three-part bill. In the first large part be the responsibility of new whether there is any human-influenced part, he talks about international co- technologies. effect. Instead, the issues are how large operation. That also makes a lot of This legislation does not pick one any human influence may be as com- sense. technology over another or one energy pared to natural variability; how cost- Three weeks ago, I was visiting with source over another. That has always ly and how effective human interven- the chairman of one of the largest en- been the debate. Somehow we had to go tion may be in reversing climate varia- ergy companies in Germany. If there is around and selectively turn out the bility; and how and what technology a country in the world that has a more lights if we were going to change the may be required over the near and the irrational energy policy than we do, it climate around us. We knew that was long term as determined by develop- would be Germany. They have just de- not acceptable to the developing world ments in climate science. cided to close 19 nuclear powerplants at

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2307 the same time, across the Rhine river, One of the things we can do in the years, nuclear power, natural gas, oil, France is 85 percent nuclear power. Of Senate, without arguing about Kyoto, and coal will be almost all of it. course, Germany will never do that be- without arguing about mandates, is to There is a lot of support for renew- cause they will not be able to meet the say, let’s see if we can—through tech- able energy. Some people want to put Kyoto carbon standards if they close nology, working with people in other up wind turbines taller than football the plants. But the point that my parts of the world, and encouraging our fields covering square miles. I do not. I friend from Germany was making is own businesses and laboratories—find think that destroys the American land- that we are headed, in his words, to- better ways to deal with greenhouse scape, and it does not produce much ward an energy catastrophe. gases. I salute the Senator for that. I energy. It is a catastrophe of two kinds. One am glad to have a chance to be associ- But one of the most thoughtful pres- is energy supply, and one is clean air. ated with this bill. entations I have heard on the solution Now, why is that? It is because other Now, the second thing I would like to to our common issues of clean energy countries in the world are growing. In say is that is not all there is to do. We and clean air has come from the Na- China, the average Chinese person uses have different opinions in this body tional Resources Defense Council, one about one-sixth the amount of energy about so-called global warming. I be- of the leading environmental organiza- that the average person in the Euro- lieve, of course, there is global warm- tions in this country. They are in favor pean Union uses, in the 15 original ing. Our grandparents can tell us that. of a coal solution—I hope I am attrib- countries. Now, in China, when the av- The question, as Senator CRAIG said, is, uting this correctly to them—of a coal erage Chinese person, with all the peo- What is causing it? And do we know solution for our clean air, clean energy ple there, gets up to three-sixths or enough about it to take steps? We have policy. A big part of their reasoning is, four-sixths or five-sixths or six-sixths, different opinions about that issue. they see what is happening in the rest as they will, there will be an unbeliev- That does not mean we are all uncon- of the world. If the United States, they able demand for energy in this country. cerned about it; we just have different reason, can figure out a way to gasify We are already seeing it in the prices degrees of understanding of it and dif- coal and then recapture the carbon, for natural gas, in the prices for oil. ferent opinions about the evidence we that gets rid of most of the noxious The figures we heard in our Energy see. pollutants—sulfur, nitrogen, mercury. Committee were that over the next 25 I have a little different opinion than It recaptures the carbon, which we years—and my numbers are approxi- the Senator from Idaho. I support leg- have not really figured out how to do mate—China might build 650 new coal islation that Senator CARPER and Sen- yet, but it does not just do that for the plants to begin to supply its energy, ator CHAFEE and Senator GREGG and I United States, it shows the rest of the and India might build 800. That does supported in the last session of Con- world how to do it. And then China, in- not count the rest of Southeast Asia or gress that put modest caps on the utili- stead of building 800 new coal plants what Brazil might do. So we cannot ties section for the production of car- with the old technology, will build 800 just look at this issue in terms of what bon. I was not willing to go further coal gasification plants and recapture is happening in the United States. If there is not a supply of energy, and than that because of the science I read the carbon. India will do the same, and the other countries are demanding so and I’m not sure we know exactly how maybe Germany will do the same. much, our prices will be so high that to solve this problem. My reading of it There will be more energy, and we will our million chemical jobs in the coun- did not persuade me, one, that we know all be able to breathe. And that is quite try will move overseas looking for all that we need to know about global irrespective of mandatory caps. One of the things I like about Sen- cheap natural gas. And it will not warming; and, two, maybe more impor- ator HAGEL’s proposal is there is not make much difference how we clean tantly, I was not sure we knew what we the air in the United States of America were doing by just saying, OK, we will any way to study the technology of if China and India and Brazil build so do this, and without having the solu- how we deal with greenhouse gases many old coal plants and throw stuff tion. without getting into questions of coal up in the air because it will blow Again, Senator HAGEL has suggested, gasification and the recapturing of car- around the world and come over here. well, let’s come up with some tech- bon. There is not any way to do that. So we have, on two counts, a major, nology. Let’s come up with some He is leading us to the tantalizing pos- major challenge: energy supply and science. And then we can make a better sibility that in the United States we clean air. It would make enormous assessment about what we would be might one day be able to say: We are sense for the scientists and engineers able to do if we were to put a cap on it. the Saudi Arabia of coal. We have 500 in the United States to work with the I would suggest that in addition to years’ worth of it. We can turn it into scientists and engineers in Germany Senator HAGEL’s technology that he gas. We can recapture the carbon. We who have exactly the same challenge encourages in his legislation—that is can use that to create the hydrogen for and the scientists and engineers in one way to do it—a second way to do it the hydrogen economy that we think China who have even more of a chal- is with some kind of caps, and there might one day be down the road, and lenge. They have just stopped 26 of are a variety of proposals in this body that, plus our supplies of natural gas their coal plants because of environ- to do that. That also encourages, in my and nuclear power, will give us clean mental concerns, but they will not be opinion, technology. But then there is energy and will give us clean air and able to stop them for long because of also a third point to make, and that will show the world how to do the their need for an energy supply. takes us out of the debate as to wheth- same. What the Senator from Nebraska has er it is a good idea or a bad idea to put The Senator from Nebraska has put done is to say to us, hey, we are talk- on mandatory caps. the spotlight where the spotlight ought ing about mandates and rules and regu- If China is going to build hundreds of to be. The United States of America, of lations, but what we ought to be trying coal-fired powerplants and India is all countries, should start with tech- to do is to create a solution to the going to build hundreds of coal-fired nology and science and say: Green- problem using the thing that we in the powerplants because that is the only house gases is a problem. We are still United States do better than anybody, technology available to them and the researching how much of a problem it or historically have, and that is our only source of fuel they have readily is. But we should, working with other science and technology. This is the available, then we had better get busy countries, use our science and tech- country with the 50 great research uni- trying to figure out a way to recapture nology to deal with it and, in the proc- versities. This is the country with the carbon—not to comply with the Kyoto ess, see if it can lead us toward that 20 National Laboratories. The Oak Treaty, but because we are going to brilliant intersection of clean energy Ridge National Laboratory, in my have to have it in this world. Any real- and clean air that will one day give us home State, is already doing important istic look at the sources of energy in a steady supply of energy and clean air work on how we recapture carbon. the world says that for the next 20 or 25 that we can breathe.

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The CPSC would (6) A recent study by the Consumer Prod- chairman of the Senate subcommittee also have the authority to regulate the uct Safety Commission found that the cost of the loss of human life and personal prop- on energy, we have some jurisdiction ignition propensity of cigarette paper erty from not having a cigarette fire safety over global warming as well as energy for roll-your-own tobacco products. standard is $4,600,000,000 per year. technology commercialization. Senator The Act gives the Consumer Product (7) It is appropriate that the regulatory ex- Domenici, chairman of our full com- Safety Commission authority over pertise of the Consumer Product Safety mittee, had a full roundtable the other cigarettes only for purposes of imple- Commission be used to implement a ciga- day on natural gas. We have one com- menting and enforcing compliance rette fire safety standard. ing up on coal and coal gasification. I with this Act and with the standard SEC. 3. CIGARETTE FIRE SAFETY STANDARD. can assure my colleagues that the promulgated under the Act. It also al- (a) IN GENERAL.— Hagel legislation will be an important lows states to pass more stringent fire- (1) REQUIREMENT FOR STANDARD.—Not later part of that roundtable. I will do my safety standards for cigarettes. than 18 months after the date of the enact- best to make it an important part of Two decades ago Joe Moakley set out ment of this Act, the Commission shall, by energy hearings. to ensure that the tragic cigarette- rule, prescribe one or more fire safety stand- caused fire that killed five children and ards for cigarettes that, except as provided By Mr. DURBIN: their parents in Westwood, MA was not in this Act, are substantively the same as S. 389. A bill to provide for fire safety repeated. He introduced three bills, two the standards set forth by the State of New standards for cigarettes, and for other of which passed. One commissioned a York in Part 429 of Title 18 of the Official Compilation of Codes, Rules and Regulations purposes; to the Committee on Com- study that concluded it was technically of the State of New York, as promulgated on merce, Science, and Transportation. feasible to produce a cigarette with a December 31, 2003 (in this Act referred to as Mr. DURBIN. Mr. President, I rise reduced propensity to start fires. The the ‘‘New York standard’’), including the Ap- today to introduce the Fire Safe Ciga- second required that the National In- pendix to such Part. rette Act of 2005. Last year the State of stitute of Standards and Technology (2) CIGARETTES WITH UNIQUE CHARACTERIS- New York enacted a bold new law. As develop a test method for cigarette fire TICS.—In adapting section 4(c) of such Part of June 2004, all cigarettes sold in the safety, and the last and final bill, the 429, if the Commission determines that a cig- State are tested for fire safety and re- Fire-Safe Cigarette Act of 1999, man- arette, because of its unique or nontradi- tional characteristics, cannot be tested in quired to self-extinguish. dates that the Consumer Product Safe- accordance with the test method prescribed Nationwide the statistics regarding ty Commission use this knowledge to by the Commission, the manufacturer of cigarette-related fires are startling. regulate cigarettes with regard to fire such cigarette may propose a test method Cigarette-ignited fires account for an safety. and performance standard for such cigarette. estimated 140,800 fires in the United Today I respectfully introduce this If the Commission finds the proposed method States, representing the most common bill to bring fire-safe standards to all and standard to be equivalent to the test ignition source for fatal home fires and cigarettes sold in this country. I hope method and performance standard otherwise causing 30 percent of the fire deaths in that the Commerce Committee will established by the Commission, the Commis- sion may approve the method and standard the United States. Such fires cause consider this legislation very soon and and the manufacturer of such cigarette may more than 900 deaths and 2,400 injuries that my Colleagues will join me in sup- employ such test method and performance every year. Annually, more than $400 porting this effort. Now that New York standard to certify the cigarette pursuant to million in property damage is reported serves as an example of success, it is rules prescribed by this Act. due to a fire caused by a cigarette. Ac- time to establish a national standard (3) COMMISSION.—In this Act, the term cording to the National Fire Protec- to ensure that our Nation’s children, ‘‘Commission’’ means the Consumer Product tion Association, one out of every four elderly and families are protected. Safety Commission. fire deaths in the United States are at- I ask unanimous consent that the (b) PROCEDURE.— tributed to tobacco products—by far text of the bill be printed in the (1) IN GENERAL.—The rule under subsection the leading cause of fatal home fires in RECORD. (a), and any modification thereof, shall be There being no objection, the bill was prescribed in accordance with section 553 of the United States. Overall, the Con- title 5, United States Code. ordered to be printed in the RECORD, as sumer Product Safety Commission es- (2) MODIFICATIONS.— follows: timates that the cost of the loss of (A) MODIFICATION BY SPONSOR.—If the spon- human life and personal property from S. 389 sor of the testing methodology used under not having a fire-safe cigarette stand- Be it enacted by the Senate and House of Rep- subsection (a)(2) modifies the testing meth- ard is approximately $4.6 billion per resentatives of the United States of America in odology in any material respect, the sponsor year. Congress assembled, shall notify the Commission of the modifica- In my State of Illinois, cigarette-re- SECTION 1. SHORT TITLE. tion, and the Commission may incorporate This Act may be cited as the ‘‘Cigarette the modification in the rule prescribed under lated fires have also caused too many Fire Safety Act of 2005’’. subsection (a) if the Commission determines senseless tragedies. In 1998 alone, the SEC. 2. FINDINGS. that the modification will enhance a fire most recent year for which we have The Congress makes the following findings: safety standard established under subsection data, there were more than 1,700 ciga- (1) Cigarette ignited fires are the leading (a)(2). rette-related fires, of which more than cause of fire deaths in the United States. (B) MODIFICATION BY COMMISSION.—The 900 were in people’s homes. These fires (2) In 1999 there were 807 deaths from ciga- Commission may modify the rule prescribed led to 109 injuries and 8 deaths. rette ignited fires, 2,193 civilian injuries under subsection (a), including the test re- Tobacco companies spend billions on from such fires, and $559,100,000 in property quirements specified in subsection (a)(2), in marketing and learning how to make damage caused by such fires. whole or in part, only if the Commission de- (3) Nearly 100 children are killed each year termines that compliance with such modi- cigarettes appealing to kids. It is not from cigarette related fires. fication is technically feasible and will en- unreasonable to ask those same compa- (4) For over 20 years former Member of hance a fire safety standard established nies to invest in safer cigarette paper Congress Joseph Moakley worked on behalf under that subsection. Any such modifica- to make their products less likely to of burn victims, firefighters, and every indi- tion shall not take effect earlier than 3 years bum down a house. As of today ciga- vidual who has lost a loved one in a fire. By after the date on which the rule is first rettes are designed to continue burning securing enactment of the Cigarette Safety issued. when left unattended. A common sce- Act of 1984 and the Fire Safe Cigarette Act of (3) INAPPLICABILITY OF CERTAIN LAWS.— nario is the delayed ignition of a sofa 1990, Joseph Moakley completed the nec- (A) IN GENERAL.—No Federal law or Execu- essary technical work for a cigarette fire tive order, including the laws listed in sub- or mattress by a lit cigarette dropped safety standard and paved the way for a na- paragraph (B) but not including chapters 5, 6, by a smoker. tional standard. 7, and 8 of title 5, United States Code, com- The Fire Safe Cigarette Act of 2005 (5) It is appropriate for the Congress to re- monly referred to as the Administrative Pro- requires the Consumer Product Safety quire by law the establishment of a cigarette cedures Act, may be construed to apply to

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the promulgation of the rule required by sub- screening for a dangerous condition SHIMKUS. Representatives GREEN and section (a), or a modification of the rule known as abdominal aortic aneurysm— SHIMKUS have been tireless advocates under paragraph (2) of this subsection. or AAA. on behalf of patients suffering from ab- (B) INCLUDED LAWS.—The Federal laws re- The SAAAVE Act is designed to save dominal aortic aneurysms and their de- ferred to in subparagraph (A) include the fol- lowing: the lives of those suffering from ab- votion to modernizing the Medicare (i) The Consumer Product Safety Act (15 dominal aortic aneurysms, a silent program to include greater preventive U.S.C. 2051 et seq.). killer that claims the lives of 15,000 services is truly admirable. I look for- (ii) Chapter 6 of title 5, United States Code. Americans each year. AAAs occur ward to continuing working with my (iii) The National Environmental Policy when there is a weakening of the walls colleagues from the House to advance Act of 1969 (42 U.S.C. 4321 et seq.). of the aorta, the body’s largest blood the SAAAVE Act in the 109th Congress. (iv) The Small Business Regulatory En- vessel. This artery begins to bulge, When Senator BUNNING and I first in- forcement Fairness Act of 1996 (Public Law most often very slowly and without 104–121), and the amendments made by that troduced this legislation in the last Act. symptoms, and can lead to rupture and Congress, we were joined by patients (c) EFFECTIVE DATE.—The Commission severe internal bleeding. AAA is a dev- who had suffered a ruptured aorta as shall specify in the rule prescribed under astating condition that is often fatal result of an AAA and their families. At subsection (a) the effective date of the rule. without detection, with less than 15 this event these patients shared with The effective date may not be later than 24 percent of those afflicted with a rup- us their harrowing and personal stories months after the date of the enactment of tured aorta surviving. Estimates indi- of battling this deadly condition. It is this Act. cate that 2.7 million Americans suffer because of struggles like theirs that we (d) TREATMENT OF STANDARD.— from AAA. (1) IN GENERAL.—The fire safety standard are here today at the outset of an ef- promulgated under subsection (a) shall be With introduction of this important fort to prevent abdominal aortic aneu- treated as a consumer product safety stand- legislation, Congress recognizes ab- rysms from advancing to the point of ard promulgated under the Consumer Prod- dominal aortic aneurysm screening as rupture by providing coverage for a uct Safety Act (15 U.S.C. 2051 et seq.), except essential to stopping its deadly effects. simple yet lifesaving screening. Sim- as provided in section 4. Research indicates that when detected ply, Mr. President, this legislation is (2) TREATMENT OF CIGARETTES.—A cigarette before rupturing, AAAs are treatable about saving lives. I urge all of my col- shall be treated as a consumer product under and curable in 95 percent of the cases. leagues to support the SAAAVE Act. section 3(a)(1)(B) of the Consumer Product And while most AAAs are never diag- Safety Act (15 U.S.C. 2052(a)(1)(B)) for pur- Mr. BUNNING. Mr. President, I am poses of this Act and for purposes of sections nosed, nearly all can be detected pleased to be joining Senator DODD 17 and 18 of the Consumer Product Safety through an inexpensive and painless from Connecticut today in re-intro- Act (15 U.S.C. 2066, 2067). screening. ducing the Screening Abdominal Aortic SEC. 4. PREEMPTION. I am particularly pleased that the Aneurysms Very Efficiently Act of (a) IN GENERAL.—This Act, and any ciga- U.S. Preventive Services Task Force 2005—also known as the SAAAVE Act— rette fire safety standard established or recently recommended AAA screening in the 109th Congress. modified pursuant to section 3, may not be for all men between the ages of 65 and This is an important bill that could construed to preempt or otherwise affect in 75 that have ever smoked. This inde- potentially save the lives of many any way any law or regulation that pre- pendent panel of experts in primary Medicare beneficiaries. Unfortunately, scribes a fire safety standard for cigarettes— care and prevention concluded that (1) set forth by the State of New York in too many Americans die from ruptured screening for abdominal aortic aneu- the New York standard; or abdominal aortic aneurysms each year rysms for this particularly vulnerable (2) promulgated by any State that is more without ever knowing they had this population is especially important. The stringent than the fire safety standard for condition. In fact, less than 15 percent recognition of this screening measure cigarettes established under this section. of people who have a ruptured abdom- (b) PRIVATE REMEDIES.—The provisions of by this respected body makes perfectly inal aortic aneurysm survive. section 25 of the Consumer Product Safety clear the lifesaving potential offered by Act (15 U.S.C. 2074) shall apply with respect AAA screening. That is why our bill is so important. to the fire safety standard promulgated For more than four decades the Medi- The SAAAVE Act would add a new under section 3(a) of this Act. care program has provided a literal screening benefit to Medicare so that SEC. 5. SCOPE OF JURISDICTION OF CONSUMER people at risk for abdominal aortic an- PRODUCT SAFETY COMMISSION. lifeline for America’s seniors and indi- viduals with disabilities. However, for eurysms could be tested. The test is Except as otherwise provided in this Act, simple. In fact, it’s just an ultrasound the Commission shall have no jurisdiction far too long this valuable program— over tobacco or tobacco products. originally crafted only to provide need- test, which is painless, non-invasive and inexpensive. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. ed care after an illness—failed to cover (a) AUTHORIZATION OF APPROPRIATIONS.— valuable preventive services. Recently, Medicare beneficiaries found to have There is authorized to be appropriated to the though, Medicare has evolved to in- an abdominal aortic aneurysm could Consumer Product Safety Commission for clude a number of preventive measures, have surgery if needed or could simply fiscal year 2006, $2,000,000 for purposes of car- such as mammography and colorectal be monitored by their doctors. rying out this Act. screenings. With today’s introduction Early detection is the key to pre- (b) AVAILABILITY.—Amounts appropriated venting ruptures of these aneurysms pursuant to subsection (a) shall remain of the SAAAVE Act, we again move available until expended. Medicare toward greater inclusion of and preventing deaths. In fact, these lifesaving preventive measures. This aneurysms can be successfully treated By Mr. DODD (for himself and legislation reflects the changing atti- 95 percent of the time if they are de- Mr. BUNNING): tudes toward the value of preventive tected before rupturing. S. 390. A bill to amend title XVIII of health care services and moves us to- The legislation also includes a na- the Social Security Act to provide for ward modernizing the Medicare pro- tional educational and information coverage of ultrasound screening for gram to better meet the needs of its campaign to get the word out about abdominal aortic aneurysms under part more than 40 million beneficiaries. the health risks associated with ab- B of the medicare program; to the With enactment of the SAAAVE Act, dominal aortic aneurysms. Too often, Committee on Finance. instead of waiting to treat a ruptured those with these aneurysms simply Mr. DODD. Mr. President, I come to aorta, Medicare will now help high-risk don’t know they have one until it rup- the floor today, along with my col- seniors avert this often-deadly disease tures. The educational campaign re- league Senator JIM BUNNING, to intro- through preventive and lifesaving quires the Department of Health and duce the Screening Abdominal Aortic screening. Human Services to focus their edu- Aneurysms Very Efficiently SAAAVE Lastly, I want to thank the legisla- cation efforts not only on the general Act of 2005. This important legislation tion’s chief sponsors in the House of public, but also among health care would provide Medicare coverage for Representatives, GENE GREEN and JOHN practitioners as well.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2310 CONGRESSIONAL RECORD—SENATE February 15, 2005 I am pleased we are introducing this (1) honors Shirley Chisholm for her service any provision relating to foreign investment bill today, and I look forward to work- to the Nation, her work to improve the lives may permit a foreign investor to challenge ing with my colleague from Con- of women and minorities, her steadfast com- or seek compensation because of a measure necticut in getting it passed. mitment to demonstrating the power of com- of a government at the national, State, or passion, and her dedication to justice and local level that protects the public interest, f equality; and including, but not limited to, public health, (2) expresses its deepest condolences to her safety, and welfare, the environment, and SUBMITTED RESOLUTIONS family, friends, and supporters. worker protections, unless a foreign investor f demonstrates that the measure was enacted or applied primarily for the purpose of dis- SENATE RESOLUTION 52—HON- SENATE CONCURRENT RESOLU- criminating against a foreign investor or for- ORING SHIRLEY CHISHOLM FOR TION 12—PROVIDING THAT ANY eign investment. HER SERVICE TO THE NATION AGREEMENT RELATING TO (2) REGARDING SERVICES.—Any such agree- AND EXPRESSING CONDOLENCES TRADE AND INVESTMENT THAT ment, to the extent applicable, shall comply TO HER FAMILY, FRIENDS, AND IS NEGOTIATED BY THE EXECU- with the following: (A)(i) The agreement may not discipline a SUPPORTERS ON HER DEATH TIVE BRANCH WITH ANOTHER COUNTRY MUST COMPLY WITH government measure relating to— (I) a public service, including public serv- Mrs. CLINTON (for herself and Mr. CERTAIN MINIMUM STANDARDS LEVIN) submitted the following resolu- ices for which the government is not the sole tion; which was considered and agreed Mr. FEINGOLD submitted the fol- provider; to: lowing concurrent resolution; which (II) a service that requires extensive regu- was referred to the Committee on Fi- lation; S. RES. 52 nance: (III) an essential human service; and Whereas Shirley Chisholm was born Shir- (IV) a service that has an essentially social S. CON. RES. 12 ley Anita St. Hill on November 30, 1924, in component. Brooklyn, New York, to Charles and Ruby Whereas there is general consensus among (ii) A service described in clause (i) in- St. Hill, immigrants from British Guyana the American public and the global commu- cludes, but is not limited to, a public benefit and Barbados; nity that, with respect to international program, health care, health insurance, pub- Whereas in 1949, Shirley Chisholm was a trade and investment rules— lic health, child care, education and train- founding member of the Bedford-Stuyvesant (1) global environmental, labor, health, ing, the distribution of a controlled sub- Political League; food security, and other public interest stance or product (including alcohol, to- standards must be strengthened to prevent a Whereas in 1960, she established the Unity bacco, and firearms), research and develop- global ‘‘race to the bottom’’; Democratic Club, which was instrumental in ment on a natural or social science, a utility (2) domestic environmental, labor, health, mobilizing black and Hispanic voters; (including an energy utility, water, waste food security, and other public interest Whereas in 1964, Chisholm ran for a New disposal, and sanitation), national security, standards and policies must not be under- York State Assembly seat and won; maritime, air, surface, and other transpor- mined, including those based on the use of Whereas in 1968, Chisholm became the first tation services, a postal service, energy ex- the precautionary principle (the internation- African-American woman elected to Con- traction and any related service, and a cor- ally recognized legal principle that holds gress, representing New York’s Twelfth Con- rectional service. that, when there is scientific uncertainty re- gressional District; (B) The agreement shall permit a country garding the potential adverse effects of an Whereas as a member of Congress, Chis- action, a product or technology, a govern- that has made a commitment in an area de- holm hired women only for her staff, was an ment should act in a way that minimizes the scribed in subparagraph (A) to revise that advocate for civil rights, women’s rights, and risk of harm to human health and the envi- commitment for the purposes of public inter- the poor, and spoke out against the Vietnam ronment); est regulation without any financial or other War; (3) provision and regulation of public serv- trade-related penalty. Whereas Shirley Chisholm co-founded the ices such as education, health care, transpor- (C) The agreement shall ensure that any National Organization for Women; tation, energy, water, and other utilities are rule governing a subsidy or government pro- Whereas she remained an outspoken advo- basic functions of democratic government curement fully protects the ability of a gov- cate of women’s rights throughout her ca- and must not be undermined; ernment to support and purchase a service in reer, saying, ‘‘Women in this country must (4) raising standards in developing coun- a way that promotes economic development, become revolutionaries. We must refuse to tries requires additional assistance and re- social justice and equity, public health, envi- accept the old, the traditional roles and spect for diversity of policies and priorities; ronmental quality, human rights, and the stereotypes.’’; (5) countries must be allowed to design and rights of workers. Whereas in 1969, Shirley Chisholm, along implement policies to sustain family farms (D) The agreement shall not make a new with other African-American members of and achieve food security; commitment on the temporary entry of Congress, founded the Congressional Black (6) healthy national economies are essen- workers because such policies should be de- Caucus; tial to a healthy global economy, and the termined by the Congress, after consider- Whereas on January 25, 1972, Chisholm an- right of governments to pursue policies to ation by the congressional committees with nounced her candidacy for President and be- maintain and create jobs must be upheld; jurisdiction over immigration to avoid an came the first African-American to be con- (7) the right of State and local and com- array of inconsistent policies and any policy sidered for the presidential nomination by a parable regional governments of all coun- that fails to— major national political party; tries to create and enforce diverse policies (i) include labor market tests that ensure Whereas although Chisholm did not win must be safeguarded from imposed downward that the employment of temporary workers the nomination at the 1972 Democratic Na- harmonization; and will not adversely affect other similarly em- tional Convention in Miami, she received the (8) rules for the global economy must be ployed workers; votes of 151 delegates; developed and implemented democratically (ii) involve labor unions in the labor cer- Whereas Shirley Chisholm served 7 terms and with transparency and accountability; tification process implemented under the im- in the House of Representatives before retir- and migration program for temporary workers ing from politics in 1982; Whereas many international trade and in- under section 101(a)(15)(H)(i) of the Immigra- Whereas Shirley Chisholm was a dedicated vestment agreements in existence and cur- tion and Nationality Act, including the fil- member of Delta Sigma Theta Sorority and rently being negotiated do not serve these ing by an employer of an application under received the sorority’s highest award, the interests, and have caused substantial harm section 212(n)(1) of that Act; and Mary Church Terrell Award, in 1977 for her to the health and well-being of communities (iii) guarantee the same workplace protec- political activism and contributions to the in the United States and within countries tions for temporary workers that are avail- Civil Rights Movement; that are trading partners of the United able to all workers. Whereas Shirley Chisholm was a model States: Now, therefore, be it (E) The agreement shall guarantee that all public servant and an example for African- Resolved by the Senate (the House of Rep- governments that are parties to the agree- American women, and her strength and per- resentatives concurring), That any agreement ment can regulate foreign investors in serv- severance serve as an inspiration for all peo- relating to trade and investment that is ne- ices and other service providers in order to ple striving for change; and gotiated by the executive branch with an- protect public health and safety, consumers, Whereas on January 1, 2005, Shirley Chis- other country should comply with the fol- the environment, and workers’ rights, with- holm died at the age of 80: Now, therefore, be lowing: out requiring the governments to establish it (1) REGARDING INVESTOR AND INVESTMENT their regulations to be the least burdensome Resolved, That the Senate— POLICY.—No such agreement that includes option for foreign service providers.

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(3) REGARDING POLICIES TO SUPPORT AMER- (B) prevent countries from developing the (B) No such agreement may constrain the ICAN WORKERS AND SMALL, MINORITY, AND necessary sanitary and phytosanitary stand- rights of farmers to save, use, exchange, or WOMEN-OWNED BUSINESSES.—Any such agree- ards to prevent the introduction of patho- sell farm-saved seeds and other publicly ment shall preserve the right of Federal, gens or other potentially invasive species available seed varieties. State, and local governments to maintain or which may adversely affect agriculture, (11) REGARDING DEVELOPING COUNTRIES.— establish policies to support American work- human health, or the environment. Any such agreement must grant special and ers and small, minority, or women-owned (8) REGARDING TRANSPARENCY.—(A) The differential treatment for developing coun- businesses, including, but not limited to, process of negotiating any such agreement tries with regard to the timeframe for imple- policies with respect to government procure- must be open and transparent, including mentation of the agreement as well as other ment, loans, and subsidies. through— concerns. (4) REGARDING ENVIRONMENTAL, LABOR, AND (i) prompt and regular disclosure of full ne- Mr. FEINGOLD. Mr. President, I am OTHER PUBLIC INTEREST STANDARDS.—Any gotiating texts; and resubmitting a measure to help begin such agreement— (ii) prompt and regular disclosure of nego- to address one of the central problems (A) may not supersede the rights and obli- tiating positions of the United States. our Nation faces, namely the loss of gations of parties under multilateral envi- (B) In negotiating any such agreement, family-supporting jobs because of our ronmental, labor, and human rights agree- any request or offer relating to investment, ments; and procurement, or trade in services must be flawed trade policies. (B) shall, to the extent applicable, include made public within 10 days after its submis- Florence, WI is a town in the far commitments, subject to binding enforce- sion if such request or offer— northeastern corner of my home State. ment on the same terms as commercial pro- (i) proposes specific Federal, State, and It is just a few miles from the border visions— local laws and regulations in the United with the Upper Peninsula of Michigan. (i) to adhere to specified workers’ rights States to be changed, eliminated, or sched- Like most Americans, the residents and environmental standards; uled under such an agreement, including, but of Florence are probably too busy with (ii) not to diminish or fail to enforce exist- not limited to, subsidies, tax rules, procure- their own lives to pay close attention ing domestic labor and environmental provi- ment rules, professional standards, and rules to the trade policies of our Nation. But sions; and on temporary entry of persons; (iii) to abide by the core labor standards of a few weeks ago, a hundred families in (ii) proposes for coverage under such an that small community got a sharp in- the International Labor Organization (ILO). agreement— (5) REGARDING UNITED STATES TRADE (I) specific essential public services, in- troduction to the realities of those LAWS.—No such agreement may— cluding, but not limited to, public benefits policies. Pride Manufacturing, the (A) contain a provision which modifies or programs, health care, education, national world’s largest maker of golf tees, an- amends, or requires a modification of or an security, sanitation, water, energy, and nounced that it would be closing down amendment to, any law of the United States other utilities; or its plant in Florence, and moving that that provides to United States businesses or (II) private service sectors that require ex- operation and the hundred or so jobs workers safeguards from unfair foreign trade tensive regulation or have an inherently so- practices, including any law providing for— that go with it to China. cial component, including, but not limited (i) the imposition of countervailing or That announcement probably wasn’t to, maritime, air transport, trucking, and antidumping duties; noticed by many people outside of my other transportation services, postal serv- (ii) protection from unfair methods of com- ices, utilities such as water, energy, and home State—one company in one small petition or unfair acts in the importation of sanitation, corrections, education and community in the far northeastern cor- articles; childcare, and health care; or ner of Wisconsin leaving for China (iii) relief from injury caused by import (iii) proposes a discipline or process of gen- doesn’t raise many eyebrows in Wash- competition; eral application which may interfere with (iv) relief from unfair trade practices; or ington or Wall Street. But it is a seri- the ability of the United States or State, (v) the imposition of import restrictions to ous matter for the families whose live- protect the national security; or local, or tribal governments to adopt, imple- lihood is directly affected by the move. (B) weaken the existing terms of the ment, or enforce laws and regulations identi- And it will certainly have an impact on Agreement on Implementation of Article VI fied in clause (i) or provide or regulate serv- the community in which they live. ices identified in clause (ii). of the General Agreement on Tariffs and Some families may try to stay, but Trade 1994, or the Agreement on Subsidies (C) The broad array of constituencies rep- resenting the majority of the people of the some may be forced to look elsewhere and Countervailing Measures, of the World for jobs. The local school district is al- Trade Organization, including through the United States, including labor unions, envi- domestic implementation of rulings of dis- ronmental organizations, consumer groups, ready trying to cope with declining en- pute settlement bodies. family farm groups, public health advocates, rollment and the challenges of a large- (6) REGARDING FOOD SAFETY.—No such faith-based organizations, and civil rights ly rural district. The prospect of losing agreement may— groups, must have at least the same rep- additional families will only make (A) restrict the ability of the United States resentation on trade advisory committees matters worse. Local businesses that to ensure that food products entering the and access to trade negotiators and negoti- relied on the custom of those families United States are rigorously inspected to es- ating fora as those constituencies rep- resenting commercial interests. will be hit. Car dealers, grocery stores, tablish that they meet all food safety stand- hardware stores, clothing stores, every- ards in the United States, including inspec- (D) Any dispute resolution mechanism es- tion standards; tablished in any such agreement must be one will be potentially impacted. (B) force acceptance of different food safe- open and transparent, including through dis- All because a local business is closing ty standards as ‘‘equivalent’’, or require closure to the public of documents and ac- down as a result of the trade policies of international harmonization of food safety cess to hearings, and must permit participa- this government. standards, which undermine the level of tion by nonparties through the filing of ami- We have seen that story repeated human health protection provided under do- cus briefs, as well as provide for standing for across Wisconsin. Our manufacturing mestic law; or State and local governments as intervenors. sector has been hit particularly hard. (C) restrict the ability of governments to (9) REGARDING GOVERNMENTAL AUTHORITY.— And I know Wisconsin is not alone in enact policies to guarantee the right of con- No such agreement may contain provisions that bind national, State, local, or com- that experience. sumers to know where and how their food is The record of the major trade agree- produced. parable regional governments to limiting ments into which our Nation has en- (7) REGARDING AGRICULTURE AND FOOD SECU- regulatory, taxation, spending, or procure- RITY.—No such agreement may, with respect ment authority without an opportunity for tered over the past few years has been to food and other agricultural commodities— public review and comment described in dismal. Thanks in great part to the (A) contain provisions that prevent coun- paragraph (8), and without the explicit, in- flawed fast track rules that govern tries from— formed consent of the national, State, local, consideration of legislation imple- (i) establishing domestic and global re- or comparable regional legislative body con- menting trade agreements, the United serves, cerned, through such means as is decided by States has entered into a number of (ii) managing supply, such legislative body. trade agreements that have contrib- (iii) enforcing antidumping disciplines, (10) REGARDING ACCESS TO MEDICINES AND (iv) ensuring fair market prices, or SEEDS.—(A) No such agreement may contain uted to the significant job loss we have (v) vigorously enforcing antitrust laws, in provisions that prevent countries from tak- seen in recent years, and have laid order to guarantee competitive markets for ing measures to protect public health by en- open to assault various laws and regu- family farmers; or suring access to medicines. lations established to protect workers,

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2312 CONGRESSIONAL RECORD—SENATE February 15, 2005 the environment, and our health and It preserves the ability of Federal, sion of quality science, technology, engineer- safety. State, and local governments to main- ing, and mathematics education for young Indeed, those agreements undermine tain essential public services and to re- people as a way to foster and encourage the the very democratic institutions late private sector services in the pub- advancement of technology; through which we govern ourselves. lic interest. Whereas industrial pioneers and ASME The loss of jobs, especially manufac- members such as Thomas Edison, Henry It requires that trade agreements Ford, and George Westinghouse helped to turing jobs, to other countries has been contain environmental provisions sub- build ASME’s engineering society even as devastating to Wisconsin, and to the ject to the same enforcement as com- ASME was helping to build the economy of entire country. When I opposed the mercial provisions. the United States; North American Free Trade Agree- It preserves the right of Federal, Whereas ASME members help to ensure ment, the Uruguay round of the Gen- State, and local governments to use the development and operation of quality eral Agreement on Tariffs and Trade, procurement as a policy tool, including and technologically advanced transportation Permanent Normal Trade Relations for through Buy American laws, environ- systems, including automobile, rail, and air China, and other flawed trade meas- mental laws such as recycled content, travel; ures, I did so in great part because I be- and purchasing preferences for small, Whereas ASME members contribute to re- minority, or women-owned businesses. search and development that identifies lieved they would lead to a significant emerging and future technical needs in loss of jobs. But even as an opponent of It requires that trade negotiations evolving and multidisciplinary areas; those agreements, I don’t think I could and the implementation of trade agree- Whereas ASME continues to provide qual- have imagined just how bad things ments be conducted openly. ity continuing education programs designed would get in so short a time. These are sensible policies. They are to keep engineers at the cutting edge of The trade policy of this country over entirely consistent with the goal of in- technology; and the past several years has been appall- creased international commerce, and Whereas in the aftermath of the terrorist ing. The trade agreements into which in fact they advance that goal. attacks on the United States of September we have entered have contributed to The outgrowth of the major trade 11, 2001, ASME members have intensified ef- agreements I referenced earlier has forts to develop technologies for homeland the loss of key employers, ravaging en- security and the protection of the critical as- tire communities. But despite that been a race to the bottom in labor standards, environmental health and sets of this Nation: Now, therefore, be it clear evidence, we continue to see Resolved by the Senate (the House of Rep- trade agreements being reached that safety standards, in nearly every as- resentatives concurring), That the Congress— will only aggravate this problem. pect of our economy. A race to the bot- (1) congratulates ASME on its 125th anni- This has to stop. We cannot afford to tom is a race in which even the winners versary; pursue trade policies that gut our man- lose. (2) recognizes and celebrates the achieve- ufacturing sector and send good jobs For any who doubt this, I invite you ments of all ASME members; overseas. We cannot afford to under- to ask the families in Florence, WI who (3) expresses the gratitude of the people of mine the protections we have estab- will watch their jobs move to China. the United States for ASME’s contributions We can’t let this continue to happen. to the health, safety, and economic well- lished for workers, the environment, being of the citizenry; and and our public health and safety. And We need to turn our trade policies around. We need to pursue trade agree- (4) directs the Secretary of the Senate to we cannot afford to squander our demo- transmit an enrolled copy of this resolution cratic heritage by entering into trade ments that will promote sustainable to the president of ASME. economic growth for our Nation and agreements that supersede our right to f govern ourselves through open, demo- for our trading partners. The resolu- cratic institutions. tion I submit today will begin to put us AUTHORITY FOR COMMITTEES TO The legislation I am pleased to re- on that path, and I urge my colleagues MEET to support it. introduce today addresses this prob- COMMITTEE ON ARMED SERVICES lem, at least in part. It establishes f Mr. ISAKSON. Mr. President, I ask some minimum standards for the trade SENATE CONCURRENT RESOLU- unanimous consent that the Com- agreements into which our nation en- TION 13—CONGRATULATING mittee on Armed Services be author- ters. I introduced an identical resolu- ASME ON THEIR 125TH ANNIVER- ized to meet during the session of the tion in the last Congress as a com- SARY, CELEBRATING THE Senate on February 15, 2005, at 9:30 panion to a resolution introduced in ACHIEVEMENTS OF ASME MEM- a.m., in open session to receive testi- the other body by my colleague from BERS, AND EXPRESSING THE mony on the priorities and plans for Ohio, Mr. SHERROD BROWN). GRATITUDE OF THE AMERICAN the Atomic Energy Defense activities This measure sets forth principles for PEOPLE FOR ASME’S CONTRIBU- of the Department of Energy and to re- future trade agreements. It is a break TIONS view the defense authorization request with the so called NAFTA model, and for fiscal year 2006. instead advocates the kinds of sound Mr. SUNUNU submitted the fol- lowing concurrent resolution; which The PRESIDING OFFICER. Without trade policies that will spur economic objection, it is to ordered: growth and sustainable development. was considered and agreed to: The principles set forth in this reso- S. CON. RES. 13 COMMITTEE ON ARMED SERVICES lution are not complex. They are Whereas in 2005, ASME, incorporated in Mr. ISAKSON. Mr. President, I ask straightforward and achievable. The 1880 as the American Society of Mechanical unanimous consent that the Com- resolution calls for enforceable worker Engineers, celebrates its 125th anniversary mittee on Armed Services be author- as one of the premier professional organiza- ized to meet during the session of the protections, including the core Inter- tions focused on technical, educational, and national Labor Organization standards. Senate on February 15, 2005, at 4 p.m., research issues of the engineering commu- in open session to consider the fol- It preserves the ability of the United nity; States to enact and enforce its own Whereas ASME plays a key role in pro- lowing nominations: trade laws. tecting the welfare and safety of the public Mr. John Paul Woodley, Jr., to be As- It protects foreign investors, but through the development and promulgation sistant Secretary of the Army for Civil states that foreign investors should not of over 600 codes and standards, including Works; Mr. Buddie J. Penn to be As- be provided with greater rights than codes governing the manufacture of boilers, sistant Secretary of the Navy for In- those provided under U.S. law, and it pressure vessels, elevators, escalators, petro- stallations and Environment; and Ad- protects public interest laws from chal- leum and hazardous liquid pipelines, cranes, miral William J. Fallon, USN, for re- forklifts, power tools, screw threads and fas- appointment to the grade of Admiral lenge by foreign investors in secret tri- teners, and many other products routinely bunals. used by industry and people in the United and to be Commander, U.S. Pacific It ensures that food entering into our States and around the world; Command. country meets domestic food safety Whereas ASME, through its 120,000 mem- THE PRESIDING OFFICER. Without standards. bers, works diligently to ensure the provi- objection, it is so ordered.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—SENATE 2313 COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. Without Whereas ASME continues to provide qual- TRANSPORTATION objection, it is so ordered. ity continuing education programs designed to keep engineers at the cutting edge of Mr. ISAKSON. Mr. President, I ask f unanimous consent that the Com- technology; and mittee on Commerce, Science, and CONGRATULATING THE AMERICAN Whereas in the aftermath of the terrorist attacks on the United States of September Transportation be authorized to meet SOCIETY OF MECHANICAL ENGI- NEERS 11, 2001, ASME members have intensified ef- on Tuesday, February 15, 2005, at 10 forts to develop technologies for homeland a.m., on the President’s FY 2006 Budget Mr. FRIST. Mr. President, I ask security and the protection of the critical as- request for the Department of Home- unanimous consent that the Senate sets of this Nation: Now, therefore, be it land Security’s Transportation Secu- proceed to the immediate consider- Resolved by the Senate (the House of Rep- rity Administration (TSA) and related ation of S. Con. Res. 13, which was sub- resentatives concurring), That the Congress— programs. mitted earlier today by Senator (1) congratulates ASME on its 125th anni- THE PRESIDING OFFICER. Without SUNUNU. versary; (2) recognizes and celebrates the achieve- objection, it so ordered. The PRESIDING OFFICER. The clerk will report the concurrent resolu- ments of all ASME members; COMMITTEE ON FOREIGN RELATIONS (3) expresses the gratitude of the people of tion by title. the United States for ASME’s contributions Mr. ISAKSON. Mr. President, I ask The legislative clerk read as follows: unanimous consent that the Com- to the health, safety, and economic well- A concurrent resolution (S. Con. Res. 13) being of the citizenry; and mittee on Foreign Relations be author- congratulating ASME on their 125th anniver- ized to meet during the session of the (4) directs the Secretary of the Senate to sary, celebrating the achievements of ASME transmit an enrolled copy of this resolution Senate on Tuesday, February 15, 2004 at members, and expressing the gratitude of the to the president of ASME. 9:30 a.m. to hold a nomination hearing. American people for ASME’s contributions. The PRESIDING OFFICER. Without There being no objection, the Senate f objection, it is so ordered. proceeded to consider the concurrent UNANIMOUS CONSENT COMMITTEE ON VETERANS’ AFFAIRS resolution. AGREEMENT—S. 384 Mr. ISAKSON. Mr. President, I ask Mr. FRIST. Mr. President, I ask Mr. FRIST. Mr. President, I ask unanimous consent that the Com- unanimous consent that the concur- unanimous consent that at 11 a.m. on mittee on Veterans’ Affairs be author- rent resolution be agreed to, the pre- Wednesday, February 16, the Senate ized to meet during the session of the amble be agreed to, the motions to re- proceed to the consideration of S. 384, a Senate on Tuesday, February 15, 2005, consider be laid upon the table, en bloc, bill to extend the existence of the Nazi for a hearing on the administration’s and that any statements relating to War Crimes Working Group; provided proposed fiscal year 2006 Department of the resolution be printed in the that there be 90 minutes of debate Veterans’ Affairs budget. RECORD. equally divided between the majority The PRESIDING OFFICER. Without The hearing will take place in room leader or his designee and the Demo- 418 of the Russell Senate Office Build- objection, it is so ordered. The concurrent resolution (S. Con. cratic leader or his designee; provided ing at 10 a.m. further that no amendments be in The PRESIDING OFFICER. Without Res. 13) was agreed to. The preamble was agreed to. order, and that following the use or objection, it is so ordered. The concurrent resolution, with its yielding back of the time the bill be SUBCOMMITTEE ON ENERGY preamble, reads as follows: read a third time and the Senate pro- Mr. ISAKSON. Mr. President, I ask S. CON. RES. 13 ceed to a vote on passage without any unanimous consent that the sub- Whereas in 2005, ASME, incorporated in intervening action or debate. committee on Energy be authorized to 1880 as the American Society of Mechanical The PRESIDING OFFICER. Without meet during the session of the Senate Engineers, celebrates its 125th anniversary objection, it is so ordered. on Tuesday, February 15th at 2:30 p.m. as one of the premier professional organiza- Mr. FRIST. I further ask unanimous to receive testimony regarding the tions focused on technical, educational, and consent that S. 384 be placed on the prospects for liquefied natural gas research issues of the engineering commu- Senate Calendar. (LNG) in the United States (panel 1) nity; The PRESIDING OFFICER. Without and to discuss the safety and security Whereas ASME plays a key role in pro- objection, it is so ordered. tecting the welfare and safety of the public issues related to LNG development through the development and promulgation f (panel 2). Witnesses will be the FERC, of over 600 codes and standards, including the Coast Guard, State authorities, and codes governing the manufacture of boilers, ORDERS FOR WEDNESDAY, industry stakeholders. Issues that will pressure vessels, elevators, escalators, petro- FEBRUARY 16, 2005 be discussed include LNG siting proc- leum and hazardous liquid pipelines, cranes, Mr. FRIST. Mr. President, I ask ess; risk assessment; and the State and forklifts, power tools, screw threads and fas- unanimous consent that when the Sen- local level’s role. teners, and many other products routinely ate completes its business today, the The PRESIDING OFFICER. Without used by industry and people in the United States and around the world; Senate adjourn until 9:30 a.m. on objection, it is so ordered. Whereas ASME, through its 120,000 mem- Wednesday, February 16. I further ask PERMANENT SUBCOMMITTEE ON INVESTIGATIONS bers, works diligently to ensure the provi- that following the prayer and pledge, Mr. ISAKSON. Mr. President, I ask sion of quality science, technology, engineer- the morning hour be deemed expired, unanimous consent that the Perma- ing, and mathematics education for young the Journal of proceedings be approved nent Subcommittee on Investigations people as a way to foster and encourage the to date, the time for the two leaders be be authorized to meet on Tuesday, Feb- advancement of technology; reserved, and the Senate then proceed Whereas industrial pioneers and ASME to a period for morning business for up ruary 15, 2005, at 9:30 a.m., for a hearing members such as Thomas Edison, Henry entitled ‘‘The United Nations’ Manage- Ford, and George Westinghouse helped to to 90 minutes, with the first 30 minutes ment and Oversight of the Oil-for-Food build ASME’s engineering society even as under the control of the majority lead- Program.’’ ASME was helping to build the economy of er or his designee and the second 30 The PRESIDING OFFICER. Without the United States; minutes under the control of the objection, it is so ordered. Whereas ASME members help to ensure Democratic leader or his designee; pro- the development and operation of quality f vided that following morning business, and technologically advanced transportation the Senate proceed to the consider- PRIVILEGE OF THE FLOOR systems, including automobile, rail, and air ation of S. 384, the Nazi War Crimes travel; Mr. ALEXANDER. Mr. President, I Whereas ASME members contribute to re- Working Group Extension Act as pro- ask unanimous consent that Jeff Muhs search and development that identifies vided under the previous order. be granted privileges of the floor dur- emerging and future technical needs in The PRESIDING OFFICER. Without ing my remarks. evolving and multidisciplinary areas; objection, it is so ordered.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2314 CONGRESSIONAL RECORD—SENATE February 15, 2005 The Democratic leader. Mr. FRIST. Mr. President, we will To be colonel Mr. REID. Mr. President, if the dis- move on. RICHARD R. GUZZETTA, 0000 tinguished majority leader would yield, The PRESIDING OFFICER. The ma- ROBERT J. JOHNSON, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF I am disappointed but I understand jority leader. THE UNITED STATES OFFICERS FOR APPOINTMENT TO that we are not going to be able to f THE GRADE INDICATED IN THE RESERVE OF THE ARMY move tomorrow to the genetic non- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: PROGRAM discrimination matter. It is my under- To be colonel standing that there is a potential blue- Mr. FRIST. Tomorrow, following JAMES R. HAJDUK, 0000 slip problem with the House. I had morning business, the Senate will FRITZ W. KIRKLIGHTER, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF hoped we could get that done. That is begin consideration of a 2-year exten- THE UNITED STATES OFFICERS FOR APPOINTMENT TO something that is very important to sion of the Nazi War Crimes Working THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: do. We will be happy to cooperate with Group. We will have limited debate on To be colonel the majority leader in any way we can this measure prior to its passage. We have not received any requests for a BRIAN E. BACA, 0000 to move that along. It passed last time ANTHONY E. BAKER, SR., 0000 with 90-some-odd votes. I hope we can rollcall vote on this bill. I anticipate THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT get that done. Even with a little bump that we can pass it with a voice vote. TO THE GRADE INDICATED IN THE UNITED STATES ARMY DENTAL CORPS AND FOR REGULAR APPOINTMENT (IDEN- in the road, maybe we can still get that For the remainder of the day we will TIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C., SEC- done this week. consider any legislative or executive TIONS 624, 531, AND 3064: The PRESIDING OFFICER. The ma- item cleared for action. To be colonel jority leader. f JOHN M. BALAS, JR., 0000 Mr. FRIST. In response through the WILLIAM T. BURNS, 0000 ADJOURNMENT UNTIL 9:30 A.M. LOUIS F. CAMPANA II, 0000 Chair, this bill is a critically impor- TOMORROW JOSE J. CONDE, 0000 tant bill, in my mind, in that we have RICHARD F. DRUCKMAN, 0000 Mr. FRIST. Mr. President, if there is JOHN E. DULSKI, 0000 worked on it for 7 years. We have JOHN W. * ETZENBACH, 0000 passed it with an overwhelming major- no further business to come before the DAVID K. FIASCHETTI, 0000 Senate, I ask unanimous consent that ROGER S. FIEDLER, 0000 ity in this body. It does good things for RAYMOND G. HYNSON, 0000 people who have a whole range of ill- the Senate stand in adjournment under SHANNON S. MCGEE, 0000 the previous order. DAVID L. MOSS, 0000 nesses. It really represents the great STEVEN ROBERTS, 0000 advances in science today, advances in There being no objection, the Senate, WALTER F. RONGEY, 0000 at 5:45 p.m., adjourned until Wednes- STEVEN P. RUBCZAK, 0000 research, advances that come in large BORIS J. SIDOW, 0000 part because of what this body did with day, February 16, 2005, at 9:30 a.m. ASHTON C. TRIER, 0000 DAVID A. VINCENT, 0000 the human genome project in funding f VINCENT P. VISSICHELLI, 0000 over a period of about 10 years, the un- JAMES O. WALMANN, 0000 NOMINATIONS PAUL J. WARDEN, 0000 raveling of the genetic code which Executive nominations received by THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT makes us all human, which is still TO THE GRADE INDICATED IN THE UNITED STATES ARMY the Senate February 15, 2005: NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND mind-boggling. With that, it introduces 3064: DEPARTMENT OF HEALTH AND HUMAN SERVICES all sorts of privacy issues and a poten- To be colonel tial for discrimination and this comes LESTER M. CRAWFORD, OF MARYLAND, TO BE COMMIS- SIONER OF FOOD AND DRUGS, DEPARTMENT OF HEALTH ROBERT D. BOWMAN, 0000 back and addresses it head on. It is a AND HUMAN SERVICES, VICE MARK B. MCCLELLAN. NANCY J. HUGHES, 0000 KATHY D. KING, 0000 bill upon which we generally have all IN THE ARMY PAUL M. KONDRAT, 0000 agreed. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RUTH E. LEE, 0000 We are working with the Finance IN THE UNITED STATES ARMY TO THE GRADE INDICATED LAWRENCE A. MARQUEZ, 0000 Committee and with the HELP Com- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BRENDA C. MCDANIEL, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CAROL A. NEWMAN, 0000 mittee internally as well as with the TIMOTHY D. REESE, 0000 To be lieutenant general JUDITH RUIZ, 0000 House. I do not want to be overly opti- ARTHUR C. SAVIGNAC, 0000 MAJ. GEN. STANLEY E. GREEN, 0000 mistic, but I think by tomorrow we THERESA M. SULLIVAN, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF will work this out and get it to the THE UNITED STATES OFFICER FOR APPOINTMENT TO Senate floor. THE GRADE INDICATED IN THE RESERVE OF THE ARMY f Mr. REID. Mr. President, if the dis- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: To be colonel tinguished leader would yield again, I CONFIRMATION GERALD L. DUNLAP, 0000 am sure others have felt this way in Executive nomination confirmed by the past, but it is interesting to me THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY the Senate: Tuesday, February 15, 2005. that anytime there is anything that UNDER TITLE 10, U.S.C., SECTION 624: DEPARTMENT OF HOMELAND SECURITY the distinguished majority leader talks To be colonel about that deals with medicine, it is al- MICHAEL CHERTOFF, OF NEW JERSEY, TO BE SEC- ROBERT D. SAXON, 0000 RETARY OF HOMELAND SECURITY. most as if there is a light that comes THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE ABOVE NOMINATION WAS APPROVED SUBJECT TO on. It is just so apparent why he was THE UNITED STATES OFFICERS FOR APPOINTMENT TO THE NOMINEE’S COMMITMENT TO RESPOND TO RE- THE GRADE INDICATED IN THE RESERVE OF THE ARMY QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY such a good physician. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: CONSTITUTED COMMITTEE OF THE SENATE.

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The House met at 12:30 p.m. and was for the most historically generous Now, it is the responsibility of this called to order by the Speaker pro tem- State venues. body, of this Congress, to make sure pore (Mr. PETRI). It puts an end to other tricks certain that our returning soldiers and their f lawyers use to keep their cases out of families get the health care services Federal court. And it establishes a con- they deserve. DESIGNATION OF SPEAKER PRO sumer class action bill of rights that Today, I have been joined by over 50 TEMPORE ensures it is the plaintiffs and not just colleagues in sending a letter to the The SPEAKER pro tempore laid be- the lawyers who benefit from legiti- President and to members of the Com- fore the House the following commu- mate class action suits. mittee on Appropriations requesting nication from the Speaker: This last provision will prevent a re- that the $82 billion supplemental bill WASHINGTON, DC, peat of the Shields et al v. Bridgestone/ include an additional $1.3 billion to February 15, 2005. Firestone case in which the plaintiffs provide for our returning soldiers and I hereby appoint the Honorable THOMAS E. got nothing, but their lawyers got $19 their families. PETRI to act as Speaker pro tempore on this million, or of the Microsoft antitrust This proposal has been endorsed by day. litigation in which consumers received the Military Officers Association of J. DENNIS HASTERT, 5 to $10 in voucher coupons, while at- America, the National Military Fami- Speaker of the House of Representatives. torneys billed hundreds of millions of lies Association, and the Paralyzed f dollars in fees. Veterans of America. This is a pattern of abuse, Mr. Speak- I urge my colleagues on both sides of MORNING HOUR DEBATES er, greed rewarded on a breathtaking the aisle to do the right thing. If we The SPEAKER pro tempore. Pursu- scale by a legal system in desperate can find $80 billion to send to Iraq, ant to the order of the House of Janu- need of protection. Class action fair- then for goodness sake we can find $1.3 ary 4, 2005, the Chair will now recog- ness is not just reform; it is self-de- billion to take care of our soldiers and nize Members from lists submitted by fense. After all, our courts are not their families. the majority and minority leaders for home to a legal system but a system of If we do not do this, what kind of morning hour debates. The Chair will justice, justice too long denied Amer- message are we sending to the brave alternate recognition between the par- ican plaintiffs and defendants. men and women who have served this ties, with each party limited to not to Consumers and businesses alike have country? I hope Members on both sides exceed 30 minutes, and each Member, been victimized by lawsuit abuse, court of the aisle will join me in this effort except the majority leader, the minor- dockets are backed up, companies are and that the President himself will see ity leader, or the minority whip, lim- paying lawyers instead of employees, fit to support it as well. ited to not to exceed 5 minutes, but in and our economy is suffering for it all. f no event shall debate extend beyond With the Class Action Fairness Act, 1:30 p.m. Congress will begin the work of restor- THE PROTECTION OF LAWFUL The Chair recognizes the gentleman ing common sense and common de- COMMERCE IN ARMS ACT from Texas (Mr. DELAY). cency to our legal justice system, ac- The SPEAKER pro tempore. Pursu- f cording to the needs of American fami- ant to the order of the House of Janu- lies and the principles of reform they ary 4, 2005, the gentleman from Florida CLASS ACTION REFORM endorsed in last November’s historic (Mr. STEARNS) is recognized during Mr. DELAY. Mr. Speaker, this week election. The 109th Congress has a morning hour debates for 5 minutes. the House will take the first step of the mandate for reform, Mr. Speaker, and Mr. STEARNS. Mr. Speaker, I rise new Congress towards fulfilling our this week we will send the President today to tell my colleagues about a mandate to reform America’s legal sys- the first product of that mandate. piece of legislation that I have put in; tem, which for decades has been too f it is called the Protection of Lawful often and too easily gamed by preda- Commerce in Arms Act. My cosponsor tory self-serving personal injury law- MONEY FOR VETERANS HEALTH is Congressman RICK BOUCHER. yers. CARE Last year we introduced a very simi- Last week, the Senate passed the The SPEAKER pro tempore. Pursu- lar piece of legislation, and it passed, Class Action Fairness Act, legislation ant to the order of the House of Janu- my colleagues, with overwhelming bi- essentially identical to a bill passed by ary 4, 2005, the gentleman from Wash- partisan support. Our bill has the sup- the House in recent years. This week, ington (Mr. BAIRD) is recognized during port of the U.S. Chamber of Commerce, we will take it up and pass it again, morning hour debates for 5 minutes. the National Association of Manufac- and send it, along with the final prod- Mr. BAIRD. Mr. Speaker, yesterday turers, and the National Association of uct, to the President for his signature. President Bush submitted his $82 bil- Wholesalers, among other prominent This first step, Mr. Speaker, is a lion budget for the Iraq supplemental groups. giant leap. For the first time in years, proposal, yet he did not request in that What this legislation does is stops the power of trial lawyers to abuse our proposal a single dollar to pay for vet- baseless lawsuits against gun manufac- generous and open legal system will be erans services. turers or dealers, based upon the crimi- checked by ensuring that class action Tens of thousands of our troops will nal or unlawful third-party misuse of lawsuits are both valid and designed to be returning home this year, and yet firearms. protect victims, not line lawyers’ pock- the VA system is already greatly un- Now, some may ask the question, ets. funded, with long waiting lists for serv- why do we need such legislation? The It first requires that large interstate ices for soldiers and their families. reason that we need it is because the class actions be filed in Federal court President Bush’s supplemental pro- firearms industry is under attack. Over to streamline the process and make posal and his budget have failed our the last few years, trial lawyers have sure that lawyers cannot shop around Nation’s veterans. filed suits against federally licensed

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

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2316 CONGRESSIONAL RECORD—HOUSE February 15, 2005 firearm manufacturers across this our law enforcement agencies and our There is no question it is getting re- country in the hopes of bankrupting officers with the tools necessary to sults. It operates at a lower cost than this industry. fight crime in our neighborhoods, and private health insurance. The fact is, They have been filing frivolous law- they enable our Armed Forces to pro- private health insurance has grown his- suits that are based on the dubious tect our freedoms around the world. torically at 12.6 percent a year. Medi- premise, Mr. Speaker, that gun manu- The industry employs thousands of care has grown at 7.1 percent a year. facturers should be held liable for the hard-working Americans and these Medicaid has grown at 4.5 percent a actions of others who use their prod- Americans support their families like year. ucts in a criminal or unlawful manner. everybody else. These employees and The public sector does it more effi- In other words, if someone gets a gun their businesses pay taxes. It is an in- ciently and delivers to more people and then commits a crime with it, disputable fact that the firearms indus- fairly than does private insurance. And these litigious gun-control advocates try has contributed immensely to our there is no duplication here. It is the believe that gunmakers should be held society over the years in a very posi- only program of its kind. It fulfills an liable for the damages or injuries that tive way. But this does not mean that essential priority. Medicaid is the sole are caused. if one of these manufacturers purposely source of nursing home care for 5 mil- Now, that is like holding a car com- or recklessly sold a bad product they lion seniors living in poverty. pany responsible if a driver gets drunk, should be given a free pass. No, we are The President knows Medicaid is al- gets reckless, and hits someone with a not saying that. ready running on fumes, but he made a vehicle. A law abiding manufacturer Our legislation is very narrowly tai- choice. He chose to give more tax cuts has a constitutional right to engage in lored to allow suits against any bad to the most privileged 1 percent of peo- interstate commerce without the fear actor to proceed. It includes carefully ple in this country instead of providing of these frivolous lawsuits. I do not crafted exceptions to allow legitimate for subsistence care for senior citizens care if it is a business that makes guns, victims their day in court for cases in- in need, different priorities reflecting a cigarettes, cars, fast food or whatever volving defective firearms, breaches of different set of moral values. Medicaid provides health coverage to it is, although firearms are the only contract, criminal behavior by a 52 million Americans, roughly in my product that I have listed here which gunmaker or seller, or the negligent State of Ohio 1.7 million people. It is specifically has constitutional protec- entrustment of a firearm to an irre- the only source of coverage for one out tion under the second amendment. sponsible person. of four children in our Nation, and it Over 30 cities and counties, in addi- In conclusion, Mr. Speaker, I am hon- provides 70 percent of the nursing home tion to various individuals, have sued ored once again to introduce this com- the gun industry since 1998. I am funding in most States. monsense bill, and I urge all of my col- The Bush proposal cuts $60 billion pleased to note that many of these leagues to join with me in co-spon- out of the Medicaid program over the cases have been completely, com- soring this piece of legislation. next 10 years, again so that the Presi- pletely dismissed in various city, f dent could deliver to his biggest con- State, and Federal courts. In fact, just tributors the tax cut for the wealthiest a few days ago San Francisco, based in BUDGET PRIORITIES AND MORAL 1 or 2 or 5 percent. These cuts, in ef- California, the appellate court there VALUES fect, will mean kicking some seniors The SPEAKER pro tempore. Pursu- unanimously upheld a superior court out of nursing homes. The President’s ant to the order of the House of Janu- decision dismissing lawsuits filed by plan would shift tens of billions of ary 4, 2005, the gentleman from Ohio Los Angeles, San Francisco, and 12 costs to States like Ohio already facing (Mr. BROWN) is recognized during morn- other California municipalities against severe financial shortfalls. members of the firearms industry. I ing hour debates for 5 minutes. The President cannot eliminate basic welcome this decision. Mr. BROWN of Ohio. Mr. Speaker, needs by ignoring them. He cannot However, there are still several law- last week President Bush delivered to eliminate the need for nursing home suits pending which threaten to dev- Congress his proposed Federal budget. care by ignoring it or by shifting the astate the industry. In New York City, In the coming months, Democrats and responsibility to the States. In the recently enacted legislation allows vic- Republicans in Congress will debate short run, his budget cuts will create tims of crime to sue the dealers and budget proposals largely based on di- victims. In the long run, it will force gunmakers. We also must consider that vergent cardinal moral values. the States to spend more. And how will just the mere threat of these suits, We will debate budget cuts that rep- the States cover these costs? taking the first couple of legal steps to resent more than just program scale- The States will levy taxes on stu- defend these suits can be enough on backs. The President’s proposed cuts to dents through tuition, homeowners their own to force some of the smaller vital government programs are reflec- through higher property taxes, workers companies out of business. tive of differences in core philosophies through higher income taxes, con- As one prominent person said of this on the role of our government in serv- sumers through higher sales tax. That tactic, we are going to make the gun ing our people. is what is happening in State after industry die a death by a thousand Budgets are moral documents that State, whether it is controlled by Re- cuts. So our legislation will end these reveal the fundamental priorities of a publicans or Democrats, as we cut coercive and undemocratic lawsuits. person, of a household, of a business, of those programs. Nationally, the States Now, I understand there are some of a government. The President’s ‘‘every pick them up so the wealthy get their my colleagues that may be hesitant to man for himself budget’’ disregards tax breaks, the wealthiest 1 or 2 or 5 support my bill since the media and millions of Americans and undercuts percent, and middle-income people get gun control advocates have spent years our Nation’s values. There is no better hit hardest by, again, students through and millions of dollars vilifying the example of where Democrat and Repub- higher tuition, consumers through firearms industry. No one wants to be lican values diverge than in Medicaid. sales tax, and property homeowners by seen granting the industry special The President claims he only wants the property tax, and workers through treatment or helping them to get away to cut programs that are not getting higher income taxes. with something, or so it is perceived. results or that duplicate current ef- Medicaid is a partnership between I have two responses to this. First, forts or that do not fulfill essential pri- Federal and State governments. Cut- the firearms industry has been around orities. ting the Federal share hurts our fami- and has been respected for generations. Democrats could not agree more on lies, hurts our communities, hurts our They provide a valuable service and a the need for efficient government. That schools, hurts our country. highly desirable product to millions of is how we balanced the budget in the We can give up many things in the sportsmen and supporters of those sec- 1990s. So we asked then, which of those name of shared sacrifice, but common ond amendment rights. They provide three, Mr. President, is Medicaid? sense should not be one of them.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—HOUSE 2317 The President’s ‘‘every man for him- tailored, efficient, and effective care to East. Today, and what happened yes- self budget’’ neglects our Nation’s val- the people it serves. It is clear that terday, will not only really hurt that ues, neglects our communities, and be- community health centers are adept at opportunity for Beirut to continue to trays our Nation’s values. gaining this insight, in turn benefiting have that kind of a beauty because of f all Americans. what happened yesterday, it will also As my colleagues can see, commu- hurt our opportunities to bring about COMMUNITY HEALTH CENTERS nity health centers play a vital role in peace in that region of the world. The SPEAKER pro tempore. Pursu- the delivery of care in our commu- Prime Minister Hariri did so much ant to the order of the House of Janu- nities. Too often, low-income or unin- for the country and, in particular, for ary 4, 2005, the gentleman from New sured patients delay receiving treat- the city of Beirut. Ten years ago, there Hampshire (Mr. BRADLEY) is recognized ment due to the costs, and then they were many, many burnt-out buildings. during morning hour debates for 5 min- are ultimately forced to receive care at Today, there are many beautiful hotels utes. the health industry’s most costly ac- and condominiums, and the center of Mr. BRADLEY of New Hampshire. cess point, which is the emergency the city has a project known as Mr. Speaker, today I rise with pleasure room. Community health centers pro- Solidare that the Prime Minister took in support of the administration’s vide quality primary care to patients, a great deal of interest in in really re- budget proposal for our Nation’s com- often resulting in the prevention of un- building the business center and cre- munity health centers. I would also necessary ailments. This results in a ating a business center in downtown note that community health centers cost savings to all health care facilities Beirut. have received bipartisan support over and subsequently yields lower health He was also responsible for helping the years. insurance premiums for Americans. over 2,000 students a year by giving These health care organizations pro- Community health centers have dem- them scholarships so that they could vide an essential function in all of our onstrated that they have a positive ef- attend universities and colleges all districts, and I believe that they are fect on both the health and economic over the Middle East and also here in one of the most effective entities in de- well-being of their communities, and this country. His foundation in this livering quality care to low-income indeed our Nation, as a whole. country has been very, very generous. populations at cost-effective prices. In particular, I would like to con- His presence in the country will be b 1245 gratulate Lampsey Health Center of sorely missed. He was one who did try Newmarket, New Hampshire, and Ann and bring about peace, did try and In my State of New Hampshire alone, Peters and her fantastic staff for their bring people together, did rebuild the over 81,000 citizens received treatment service to the people’s health care country and rebuild the city of Beirut at a community health center in 2004. needs in that region of my State. Their and, in that essence, tried to forge a A substantial portion of these patients, efforts and those of their colleagues are peace among Nations in that region of over one-third, were uninsured. The ad- particularly noteworthy and worthy of the world. ministration has been cognizant of the commendation. I know for his family this is a ter- impact of community health centers, f rible loss, and I know for the people of pledging to add 1,200 new centers be- Lebanon it is a terrible loss, and I EXPRESSING CONDOLENCES ON tween 2001 and 2006. The budget re- know for the people of the region, it is THE ASSASSINATION OF EX- leased last week completes this com- a terrible loss. PRIME MINISTER RAFIK HARIRI mitment and has resulted in increased We will probably never know who access to health services for Americans The SPEAKER pro tempore (Mr. those terrorists were who decided to throughout our country. PETRI). Pursuant to the order of the snuff out his life. I hope that at some Community health centers provide House of January 4, 2005, the gen- time we will be able to find them, but vital outreach services to individuals tleman from Illinois (Mr. LAHOOD) is for now we say to the Prime Minister’s who may otherwise not have access to recognized during morning hour de- family, to the people of Lebanon, you the care they need. These services in- bates for 5 minutes. have suffered a great loss, we have suf- clude educational campaigns to raise Mr. LAHOOD. Mr. Speaker, I rise fered a great loss, those of us that have awareness of preventative options in today to offer heartfelt sympathy to known the Prime Minister have suf- health care such as health screenings the people of Lebanon and to the many, fered a great loss. The Prime Minister and nutritional campaigns. By edu- many leaders of that country who have and his family are in our thoughts and cating individuals about primary care suffered a great loss yesterday with the prayers today and will be in the future. options, community health centers are assassination of the former Prime Min- able to both improve the quality of life ister, Rafik Hariri. f and restrain health care costs. Over the last 10 years, I have had the RECESS Dental and behavioral health care opportunity to visit the small country The SPEAKER pro tempore. Pursu- services are also critical to the popu- of Lebanon. I have taken an interest in ant to clause 12(a) of rule I, the Chair lations served by community health the country because of my Lebanese declares the House in recess until 2 centers. The medical staff of these or- heritage and the fact that Lebanon p.m. today. ganizations are often the front line for needs a few advocates in the House of Accordingly (at 12 o’clock and 53 establishing quality dental health hab- Representatives, and I have tried to be minutes p.m.), the House stood in re- its and responding to mental health a strong advocate for this small coun- cess until 2 p.m. today. needs as they develop. An established try. hallmark of community health centers During the 10 years that I have vis- f is their ability to intervene in health ited Lebanon, I had the opportunity to b 1400 problems before they become crises. become well acquainted with Prime One of the goals of community health Minister Hariri. Over the 10 years that AFTER RECESS centers is to establish partnerships I have had a chance to visit Lebanon, I The recess having expired, the House with local community leaders and coa- have seen the country rebuilt almost was called to order at 2 p.m. litions. These individuals and groups literally by the Prime Minister and his f are acutely aware of the pulse and the efforts and his resources in not only needs of the community and can effec- bringing people together but using PRAYER tively advocate for appropriate out- many of his own resources, certainly, The Chaplain, the Reverend Daniel P. reach and medical services. The ability to rebuild the city of Beirut. Coughlin, offered the following prayer: of a health organization to understand Prior to the war, the city of Beirut Sovereign Lord, You settled our its community is essential in bringing was known as the Paris of the Middle foundation in faith and raised up this

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2318 CONGRESSIONAL RECORD—HOUSE February 15, 2005 Nation throughout its history. Today Biscet medical care, and it should un- OPPOSING BUDGET CUTS TO we recall our early days in America’s conditionally and immediately release EDUCATION history. him. (Ms. SOLIS asked and was given per- The day after Congress approved the Dr. Biscet, we stand with you. And if mission to address the House for 1 Bill of Rights, it called upon President we had more fourth-rate bureaucrats minute and to revise and extend her re- Washington to ‘‘recommend to the peo- like James Cason, our world would be a marks.) ple of the United States a day of public much better place. Ms. SOLIS. Mr. Speaker, today I rise thanksgiving and prayer to be observed in opposition to the President’s budget by acknowledging with grateful hearts f proposal to turn his back on low-in- the many signal favors of Almighty DEATH OF MILTON DAVIS come and ethnic minority students, God.’’ particularly Latino and African Ameri- President George Washington re- (Mr. DAVIS of Illinois asked and was cans, and in particular first-generation sponded with these words: ‘‘Lord, it is given permission to address the House students who have never had a chance the duty of all nations to acknowledge for 1 minute and to revise and extend to go to college. the providence of Almighty God, to his remarks.) And I say that because in the Presi- obey His will, to be grateful for His Mr. DAVIS of Illinois. Mr. Speaker, I dent’s budget proposal he wants to benefits, and humbly implore His pro- was saddened earlier to learn of the eliminate completely the GEAR UP tection and favor.’’ passing of Mr. Milton Davis, the former Program, the Upward Bound Program, Lord, may Congress and this Nation chairman and president of Shorebank. and the Talent Search Program. As a be guided by Washington’s exhortation Shorebank is one of the most innova- result, 1.3 million students, 70 percent both in these days and forever. tive, creative community financing op- who are minorities, will lose a chance Amen. erations in the Nation. to go to college. California was awarded about 15 per- f Milton Davis was a pioneer in com- munity banking. I simply want to ex- cent of the funding for the GEAR UP THE JOURNAL tend condolences to his family, and I program. In fact, in my school district The SPEAKER. The Chair has exam- trust that his legacy will continue to in East L.A., El Sereno Middle School ined the Journal of the last day’s pro- live as neighborhoods and communities and Belvedere Middle School are the ceedings and announces to the House reap the benefits of the lending policies recipients of the GEAR UP program, his approval thereof. and practices that he developed. middle school meaning 7th and 8th Pursuant to clause 1, rule I, the Jour- grade students who are learning about nal stands approved. f the opportunities to go to college. How dare the President turn his back f CARTER WALLACE TRIBUTE on our youth, on those who want to PLEDGE OF ALLEGIANCE (Mr. GINGREY asked and was given succeed and go on to college. We need The SPEAKER. Will the gentleman permission to address the House for 1 to ensure that this President has to from South Carolina (Mr. WILSON) minute and to revise and extend his re- keep the compassion that he says that come forward and lead the House in the marks.) he has for all people of color. And I would ask my colleagues and Pledge of Allegiance. Mr. GINGREY. Mr. Speaker, today I urge them to reject these proposals Mr. WILSON of South Carolina led rise to pay tribute to Carter Wallace, a that will put back our community by the Pledge of Allegiance as follows: Brookstone High School student from Columbus, Georgia, who has been many, many decades. Let us restore I pledge allegiance to the Flag of the funding in higher education for all of United States of America, and to the Repub- named one of the top two youth volun- lic for which it stands, one nation under God, teers in the State. our students. indivisible, with liberty and justice for all. On Tuesday, Carter accepted the Pru- f f dential Spirit of Community Award for PROTECTING THE FIRST AMEND- his inspiring work on behalf of low-in- MENT, FREEDOM OF THE PRESS CUBAN GOVERNMENT SHOULD come families in western Georgia. (Mr. PENCE asked and was given per- FREE DR. BISCET Carter is the founder of Habi-TOT for mission to address the House for 1 (Mr. PITTS asked and was given per- Humanity, a nonprofit foundation that minute and to revise and extend his re- mission to address the House for 1 purchases and assembles playgrounds marks.) minute and to revise and extend his re- for children who move into Habitat for Mr. PENCE. Mr. Speaker, in 1786, marks.) Humanity homes. Carter motivated Thomas Jefferson said: ‘‘Our liberty Mr. PITTS. Mr. Speaker, the Cuban friends from his Boy Scout troop and cannot be guarded but by the freedom Government thinks that our top dip- Brookstone High School to lend a hand of the press, nor that be limited with- lomat to their nation, James Cason, is in building the playhouses. out danger of losing it.’’ a fourth-rate bureaucrat whose mission He said he was moved to start this Today a Federal appeals court in the is to deceive and subvert. project because many of these children District of Columbia upheld a ruling Well, I think he will be the first to had never had a back yard to play in, against two reporters who could go to admit that if promoting the human and he wanted to make their first one jail for refusing to divulge their con- rights of all Cubans is subversive, then special. Carter’s creativity and dedica- fidential sources. Their attorney, that is exactly what his mission is. tion to low-income children is inspir- Floyd Abrams, said, ‘‘Today’s decision And let me be among the first to say, ing. strikes a heavy blow against the Mr. Cason is no fourth-rate bureaucrat. He organized fundraising bake sales public’s right to be informed about its No fourth-rate bureaucrat would so and wrote to nearly a hundred commu- government.’’ And he is right. openly share the story of Dr. Oscar nity members soliciting support. His Last week the gentleman from Vir- Elias Biscet. efforts paid off. In the first year and a ginia (Mr. BOUCHER) and I introduced Dr. Biscet is a physician who has half, Habi-TOT for Humanity bought, bipartisan legislation known as the courageously stood for human rights assembled, and delivered 36 playhouses Free Flow of Information Act, simi- and today sits in a tiny prison cell im- to needy families. larly introduced by Senator RICHARD prisoned for peaceful protest in April of Carter is a role model for us all. He LUGAR in the Senate. It would provide 2003. set a fine example of community serv- a Federal media statute to protect the Despite Cuban propaganda, Dr. Biscet ice for young people across this Nation. confidential source tradition that is at is sick and has been denied food and Mr. Speaker, I ask that you join me in the very center of the freedom of the medical attention by his captors. The commending Carter Wallace for this press, and I urge its support and pas- Cuban Government should allow Dr. award. sage.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—HOUSE 2319 In the wake of today’s troubling Throughout the world, Rotarians are Resolved by the House of Representatives (the court decision, now is the time for Con- helping to provide scholarships and Senate concurring), That the Congress— gress to reassert the first amendment, international group study exchanges. (1) applauds the valor and courageous ef- freedom of the press, vigorously by en- Its Polio Plus Program to eradicate forts of Jibreel Khazan (Ezell Blair, Jr.), David Richmond, Joseph McNeil, and Frank- acting a Federal media shield. Nothing polio is being achieved by vaccinating lin McCain, known as the ‘‘Greensboro less than the public’s right to know is more than 2 billion children worldwide. Four’’; and at stake. As a past president of the Cayce-West (2) encourages all Americans to remember f Columbia Club, I have seen first hand the contributions they made to the civil the tremendous goodwill spread rights movement and to conduct appropriate TRIBUTE TO PRIVATE FIRST throughout the world. I am grateful ceremonies, activities, and programs to com- CLASS JESUS FONSECA that my chief of staff, Eric Dell, is a memorate the sit-in of the ‘‘Greensboro (Mr. PRICE of Georgia asked and was charter member of the new Capitol Hill Four’’. given permission to address the House Rotary Club where he is current presi- The SPEAKER pro tempore. Pursu- for 1 minute and to revise and extend dent. Congratulations on fulfilling the ant to the rule, the gentleman from his remarks.) Four-Way Test and the motto of ‘‘Serv- Pennsylvania (Mr. DENT) and the gen- Mr. PRICE of Georgia. Mr. Speaker, I ice Above Self.’’ tleman from Illinois (Mr. DAVIS) each rise today with honor and with rev- In conclusion, God bless our troops will control 20 minutes. erence to pay tribute to a patriot and a and we will never forget September 11. The Chair recognizes the gentleman from Pennsylvania (Mr. DENT). hero, Private First Class Jesus Fon- f seca, 19 years old, of Marietta, Georgia, GENERAL LEAVE who died on January 17 in Iraq. He was ANNOUNCEMENT BY THE SPEAKER Mr. DENT. Mr. Speaker, I ask unani- killed when a car bomb detonated near PRO TEMPORE mous consent that all Members may his position. The SPEAKER pro tempore (Mr. have 5 legislative days within which to He was assigned to the Second Infan- TERRY). Pursuant to clause 8 of rule revise and extend their remarks and in- try Division based at Camp Casey in XX, the Chair will postpone further clude extraneous material on the con- South Korea. And prior to enlisting, he proceedings today on motions to sus- current resolution under consideration. was a graduate of Sprayberry High pend the rules on which a recorded vote The SPEAKER pro tempore. Is there School in my district. He was a mind- or the yeas and nays are ordered, or on objection to the request of the gen- ful young man who earned the respect which the vote is objected to under tleman from Pennsylvania? of his peers and his elders. clause 6 of rule XX. There was no objection. It should also be told that this young Record votes on postponed questions Mr. DENT. Mr. Speaker, I yield my- man was not born in the United States, will be taken after 6:30 p.m. today. self such time as I may consume. yet was courageous enough to give his f Mr. Speaker, on behalf of the Com- life for our great Nation. Too often, in- mittee on Government Reform, I rise RECOGNIZING CONTRIBUTIONS OF spirational stories of sacrifice, like Je- in strong support of House Concurrent ‘‘GREENSBORO FOUR’’ TO THE sus’s, are not properly recognized. Resolution 25. This important resolu- CIVIL RIGHTS MOVEMENT He is survived by his wife, his par- tion recognizes the tremendous con- ents, and five siblings. Our hearts and Mr. DENT. Mr. Speaker, I move to tributions of Ezell Blair, Jr.; David prayers go out to them and everyone in suspend the rules and agree to the con- Richmond; Joseph McNeil; and Frank- our community affected by this tragic current resolution (H. Con. Res. 25) rec- lin McCain to the civil rights move- loss. ognizing the contributions of Jibreel ment. These four individuals, known as It is a reminder that we are all in- Khazan (Ezell Blair, Jr.), David Rich- the ‘‘Greensboro Four,’’ became tire- debted to the men and women who mond, Joseph McNeil, and Franklin less icons in our Nation’s struggle for serve in the Armed Forces, for it is McCain, the ‘‘Greensboro Four’’, to the civil rights and fairness for all Ameri- their exemplary spirit of service, evi- civil rights movement. cans. denced by Private First Class Jesus The Clerk read as follows: Mr. Speaker, on a winter afternoon Fonseca, which makes this country so H. CON. RES. 25 in North Carolina in 1960, this quartet noble and so great. Whereas on February 1, 1960, Jibreel of college freshmen grabbed the atten- f Khazan (Ezell Blair, Jr.), David Richmond, tion of the entire world. It was Feb- Joseph McNeil, and Franklin McCain, four ruary 1, 1960, when these four simply CELEBRATING A CENTURY OF RO- African-American freshman students at TARY INTERNATIONAL’S LEAD- took their seats at the lunch counter of North Carolina Agricultural & Technical F.W. Woolworth’s in Greensboro, North ERSHIP AND SERVICE State University, walked into the F.W. Wool- worth store in downtown Greensboro, North Carolina. But there was nothing simple (Mr. WILSON of South Carolina as about this act. and was given permission to address Carolina, and sat at the ‘‘whites only’’ lunch counter, thereafter becoming known as the As was to be expected at that time, the House for 1 minute and to revise ‘‘Greensboro Four’’; the young men were refused service and extend his remarks.) Whereas the ‘‘Greensboro Four’’ were re- when they sat at the segregated Mr. WILSON of South Carolina. Mr. fused service but continued to sit at the counter at about 4:30. Each of them sat Speaker, I am honored to recognize the lunch counter in nonviolent protest; quietly at the counter until the store 100th anniversary of Rotary Inter- Whereas the sit-in by the ‘‘Greensboro closed at 5:30. They returned to sit at national, the world’s first service orga- Four’’ was an act of courage and conscience, and inspired sit-ins across North Carolina the same segregated counter the next nization. day. In 1905, Paul Harris had a vision of an and the southern United States to protest ra- cial segregation in public accommodations b 1415 organization that would provide serv- and in other areas of life; ice opportunities in Chicago. Today his Whereas the courageous protest of the This time they were joined by about vision has become a reality, and Ro- ‘‘Greensboro Four’’ and all of the sit-in dem- two dozen other students. The presence tary International promotes vol- onstrations made a critical contribution to of these 30 or so young people over- unteerism throughout America and 166 the civil rights movement, leading to the en- whelmed the small diner, but again countries worldwide. With over 1.2 mil- actment of the Civil Rights Act of 1964 and they were denied service. The next day, lion members, Rotary International is the integration of public accommodations; February 3, students occupied 63 of the an organization of community leaders and 65 available seats at the lunch counter. Whereas the civil rights movement made that networks to provide humanitarian our nation more just and decent, and the These civilized acts of defiance in- service, encourages high ethical stand- courage and conscience of the ‘‘Greensboro spired similar sit-ins across North ards, and helps build goodwill and Four’’ should inspire all Americans to act Carolina in the days that followed. By peace. against injustice: Now, therefore, be it the end of February, such protests were

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2320 CONGRESSIONAL RECORD—HOUSE February 15, 2005 taking place at eateries all over the Woolworth’s on South Elm Street in By August of 1961, more than 70,000 South. Ultimately, the Greensboro downtown Greensboro and sat at the people had participated in sit-ins, re- Four induced the integration of public ‘‘whites only’’ lunch counter. When sulting in more than 3,000 arrests. The accommodations throughout many seg- they were refused service, they re- sit-ins became an important tributary regated southern States. Even Wool- mained seated until the counter closed of the river of the civil rights move- worth’s integrated all of its stores in at 5. They vowed to return the next day ment, which resulted eventually in the July of 1960. and to keep coming back until they enactment of the Civil Rights Act of Mr. Speaker, what an awesome ac- were treated the same way that whites 1964 and the Voting Rights Act of 1965. tion this was for anyone to take, yet were treated. Mr. Speaker, there are many Mem- alone four college freshmen. Ezell That night, word spread quickly at bers of this body who were part of that Blair, David Richmond, Joseph McNeil A&T and Bennett College, an Histori- movement. Many more remember the and Franklin McCain transcended the cally Black Women’s College in sit-ins as if they were yesterday. I was Nation’s civil rights struggle by start- Greensboro, about what the four stu- a 6-year-old child living in Fayette- ing this series of sit-ins. The Greens- dents called their ‘‘sit down’’ protest. ville, North Carolina. My memories of boro Four deserve the commendation The next day they returned with 19 of Jim Crow and of the civil rights move- of the Congress 45 years after their his- the other A&T students, some wearing ment are dim and distant. toric demonstration for their contribu- ROTC uniforms, others wearing coats I remember going to the county tion to the civil rights movement. and ties. They were again denied serv- courthouse on some errand with my fa- I am so pleased to be a cosponsor of ice, and they again remained seated at ther and seeing two water fountains. I House Concurrent Resolution 25. I the lunch counter. assumed that the ‘‘white’’ water was thank the distinguished gentleman That night the membership of the like the water that came out of my tap from North Carolina for authoring this Greensboro branch of the NAACP voted at home. I could not understand why meaningful resolution. I urge all my unanimously to support the student my father would not let me try the colleagues to support it. protest. ‘‘colored’’ water. The next day, the four students re- Mr. Speaker, I reserve the balance of I vaguely, vaguely, remember the turned again, this time with 85 other my time. protests in Fayetteville. I would like to students from A&T, from Bennett Col- Mr. DAVIS of Illinois. Mr. Speaker, think that if the civil rights movement lege and from Dudley High School, the it is with great pleasure that I yield had been delayed by a decade or by a black high school from which three of such time as he may consume to the generation, I would have recognized as the Greensboro Four had graduated gentleman from North Carolina (Mr. I grew up the injustice of segregation just the year before. That Saturday, MILLER ), who is the sponsor of this 1,000 protesters filled the Woolworth’s. and I would have acted against it. I can resolution. McNeil said, ‘‘I guess everybody was never know that. Mr. MILLER of North Carolina. Mr. But I am proud to join with the gen- pretty much fed up at the same time.’’ Speaker, I rise in support of this reso- In the Pulitzer Prize-winning history tleman from North Carolina (Mr. lution honoring an act of conscience of the civil rights movement, ‘‘Parting WATT) and the gentleman from North and courage that forever changed the Waters,’’ Taylor Branch wrote, ‘‘No Carolina (Mr. COBLE) and many others North Carolina, the South, and the Na- one had time to wonder whether the in introducing this resolution and to tion. Greensboro sit-in was so different. In speak for it today. The Greensboro Four, David Rich- the previous three years, similar dem- I realize, as Dr. King said, that we mond, Joseph McNeil, Franklin onstrations had occurred in at least 16 cannot walk alone. The destiny of all McCain and Jibreel Khazan, then Ezell other cities. Few of them made the Americans is tied up with the destiny Blair, Jr., changed our Nation’s history news, all faded quickly from public no- of others and the freedom of all Ameri- while freshmen at North Carolina A&T, tice, and none had the slightest cata- cans is inextricably bound to the free- an Historically Black University in lytic effect anywhere else. By contrast, dom of other Americans. Greensboro. Greensboro helped defined the decade.’’ The Greensboro Four remain an in- Like college freshmen everywhere, In the next few days, there were sit- spiration to all Americans not simply they spent endless hours in discussions in demonstrations in Winston-Salem, to accept the world as we find it, but to in their dormitory rooms. ‘‘We chal- Durham, Raleigh, Fayetteville, Char- recognize injustice, and when it is time lenged each other, really,’’ Richmond lotte, and High Point. Two weeks after to change the situation, start where said of their discussions. ‘‘We con- the first sit-in, Dr. Martin Luther King you are. stantly heard about all the evils that toured the Woolworth’s in Durham Mr. DENT. Mr. Speaker, I reserve the are occurring and how blacks are mis- that was the target of protests there. balance of my time. treated and nobody was doing anything That night he spoke at a rally sup- Mr. DAVIS of Illinois. Mr. Speaker, I about it. We used to question why is it porting the protests. yield 4 minutes to the gentleman from that you have to sit in the balcony? ‘‘What is fresh, what is new in your California (Mr. FILNER). Why do you have to ride in the back of fight,’’ King said, ‘‘is the fact that it Mr. FILNER. Mr. Speaker, I thank the bus?’’ was initiated, led and sustained by stu- the gentleman for yielding me time, McNeil told friends at the time, ‘‘It is dents. What is new is that American and the gentlemen from North Carolina time to take some action now. We have students have come of age. You now for introducing this very important been people who talk a lot, but with take your honored place in the world- resolution honoring the Greensboro very little action.’’ wide struggle for freedom.’’ Four. McCain said later, ‘‘We had been On April 3, Thurgood Marshall spoke As the gentleman from North Caro- talking about it for a long time. Each at Bennett College and urged the stu- lina (Mr. MILLER) said, those of us who of us had been bugged by it and we felt dents to continue the protests. On were old enough were immediately in- very strongly. The night before we did Easter weekend, Dr. King’s Southern spired by the Greensboro Four. They it, we had a bull session at McNeil’s Christian Leadership Conference orga- showed the awesome power of non- room that lasted all night long.’’ nized a meeting at Shaw University in violent, collective direct action, and Khazan said, ‘‘It was time to wake up rally of student sit-in protesters. The they also showed the vulnerability of and change the situation. We decided students formed the Student Non- the racist power structures in the to start here.’’ violent Coordinating Committee, South. McNeil said, ‘‘From my perspective, SNCC, to organize more protests. I was a college freshman at the same it was a down payment on manhood.’’ In July, the Woolworth’s in Greens- time, at Cornell University. And al- On that dare to each other, the next boro integrated the lunch counter, and most immediately, we formed a group day, February 1, 1960, at about 3:30 in the Kress store across the street inte- and had sit-ins in at the Woolworth’s the afternoon, the four entered the grated its lunch counter the same day. in Ithaca, New York, in solidarity with

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—HOUSE 2321 those that were going on through Mr. DAVIS of Illinois. Mr. Speaker, back so much emotion for me, because North Carolina and other States in the it is my pleasure to yield 3 minutes to not long after that I returned to Char- South. the gentleman from North Carolina lotte and to North Carolina to join a The sit-ins immediately educated us. (Mr. WATT), a cosponsor of this resolu- civil rights law firm that took on That is, even though we were informed, tion and Chairman of the Congres- school desegregation, that took on em- even though we were progressive, we sional Black Caucus, ployment discrimination, that took on had no idea of the specific indignities Mr. WATT. Mr. Speaker, I thank my other racial policies and practices that of the segregated lunch counters, the colleague for yielding me time. were taking place that were accepted signs that said ‘‘whites only’’ and ‘‘col- There are so many angles that I as part of the day until those coura- ored’’ for drinking fountains. We knew could approach this debate from, but I geous students at North Carolina A&T the schools were desegregated sup- am just so delighted today to be able to said enough is enough. posedly back in 1955. We saw the Mont- rise in a bipartisan and biracial coali- So this is a wonderful, wonderful day gomery bus boycott in 1956. We saw the tion to honor four great Americans for me just to see the bipartisanship, power of direct action in the African who contributed so much to us. the biracial support that we have in states who first gained independence at I could talk about the fact that support of this resolution in this Con- the same time. North Carolina A&T State University gress, but knowing full well that some But what occurred amongst the stu- and Bennett College, which was also re- years ago when it was not fashionable, dents in Greensboro spread throughout ferred to in the statement of the gen- when it was dangerous, when those the Nation like wildfire, not just in the tleman from North Carolina (Mr. MIL- kids’ parents were telling them, I sent South but also in the North. We be- LER), both of them are located in my you to school to get an education, not lieved what Martin Luther King, Jr. congressional district. to be involved in a demonstration, they stated so eloquently from the Bir- I could talk about the fact that de- stood and said enough is enough; we mingham jail: ‘‘Freedom is never vol- spite the fact that the lunch counter are going to take action to change untarily given by the oppressor. It itself is now in the congressional dis- America. must be demanded by the oppressed.’’ trict of the gentleman from North And, Mr. Speaker, they did, and And we saw the sit-ins, a simple and Carolina (Mr. MILLER), it was also in today our country is better for it. quiet act perhaps, but one of great my congressional district up until the Mr. DAVIS of Illinois. Mr. Speaker, I courage, considering the risks they last round of redistricting. yield myself such time as I may con- were running, the Ku Klux Klan sitting I could talk about the fact that sume. at the same counters or nearby these Franklin McCain, one of those four Mr. Speaker, it is with great pride first demonstrators. courageous individuals, is a resident of and admiration that I rise to support Those of us in the North who thought my congressional district, a successful H. Con. Res. 25, recognizing the con- we were brothers and cousins of those business leader in the City of Char- tribution of Jibreel Khazan, David in the South started talking about lotte, North Carolina, today, one of Richmond, Joseph McNeil and Frank- what we should do, how we should help. two surviving members of that famous lin McCain, the Greensboro Four, to I remember, in fact, meeting the gen- four. the civil rights movement. tleman from Georgia (JOHN LEWIS), a I could talk about other acts of her- Mr. Speaker, on February 1, 1960, colleague of ours from Atlanta, just a oism that came about as a result of Franklin McCain, Jibreel Khazan, Jo- few months after that, and we ended up these four students sitting down. One seph McNeil, and David Richmond sat on the same bus to Jackson, Mis- recollection that comes to me imme- down for lunch at the counter of a sissippi, and the Freedom Rides that diately is, as was happening quite often Greensboro, North Carolina, Wool- took place to help desegregate the throughout the South, the power estab- worth’s. This may not seem like much interstate facilities that were still seg- lishment would try to intimidate the today, but in 1960 that was an extraor- regated. We saw the interstate facili- black leaders, and the story has it that dinary act. Extraordinary because the ties as a focal point for Federal action. the powers, the political and business four men were black and the counter And those of us who went to jail man- leadership in the City of Greensboro, inside Woolworth’s was segregated. aged to bring those cases before the Su- approached the President of North They did not serve people of color. preme Court, and just as the sit-inners Carolina A&T State University to try When the four young men from North had got the desegregation of the lunch to intimidate him into having his stu- Carolina A&T were refused service, counters so quickly, the interstate and dents refrain from this kind of agita- they remained seated. The restaurant other related facilities were deseg- tion, these sit-ins. And the President of called the police in an attempt to force regated because of the Freedom Rides. North Carolina A&T, one of the His- them to leave. When the police and I see the gentleman from North Caro- torically Black Colleges and Univer- other white people in Woolworth’s used lina (Mr. WATT) here today. I know he sities, drew a line in the sand and said, threats of violence and imprisonment was personally inspired by what was ‘‘there is no way I am intervening to to force the four men to leave, they re- happening with the Greensboro Four. stop my students from agitating main seated. This form of resistance Many of us in this Congress, as the against this kind of injustice.’’ became known as a sit-in, a form of gentleman from North Carolina (Mr. I could talk about how I got con- peaceful protest that was used exten- MILLER) pointed out, were so inspired. nected to the civil rights movement sively during the civil rights move- We put our bodies on the line, we put even in that time, not as a personal in- ment. The idea worked so well that, our beliefs in action, and the Greens- volvement, but hearing my mother say rather than serve the four men, the boro Four helped to shape and inspire to my oldest brother, 4 years older owner closed the store early. the movement all across the country. than me at that time, ‘‘Don’t you get Undeterred, the Greensboro Four re- So we honor the Greensboro Four for involved in those demonstrations. It is turned to Woolworth’s the next day demanding freedom for the oppressed, dangerous out there,’’ and then turning and sat at the counter. This time, how- and we once again look to them today on the TV at 6 o’clock that evening and ever, they brought with them reporters for inspiration in our struggle against seeing my brother right in the middle and local TV news crews to cover the the more subtle forms of racism that of the demonstration that took place story. By the following day, news of still exist today and the injustices that in Charlotte, North Carolina, following the sit-in had spread and was receiving continue to plague our Nation. We will the Greensboro Four’s courageous ac- national attention. The sit-in had continue to look to the Greensboro tion. grown to include whites as well. Four for inspiration as we continue the After months of sit-ins, Woolworth’s still unfinished journey of America to b 1430 decided that they had had enough. On become a Nation that is free from dis- There are just so many ways that I July 26, 1960, they agreed to the crimination and racism. could approach this debate that bring Greensboro Four’s demand that they

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2322 CONGRESSIONAL RECORD—HOUSE February 15, 2005 integrate the restaurant. This may face of oppression, they refused to be ruled by institutions. But it all began with four students seem like a small victory in light of fear and they helped bring out others who at North Carolina A & T. The nation owes later accomplishments in the civil could now see their way past their fears and them a great debt of gratitude. rights movement, but victories like into their hope for a better future. Mr. DAVIS of Illinois. Mr. Speaker, I this one laid the foundation for many The act of being able to eat in a dining es- yield back the balance of my time. of the rights people of color enjoy tablishment of our choice is one we take for Mr. DENT. Mr. Speaker, I urge all today. granted in today’s America. It seems like such Members to support and agree to House The surviving members of the group, a simple issue, yet it was the simplest matters Concurrent Resolution 25. Joseph McNeil, Franklin McCain, and that were at the crux of the oppression faced Mr. Speaker, I yield back the balance Jibreel Khazan, have settled into their by black Americans. Whether it was basic of my time. own private lives; but their impact on housing, transportation or security issues, The SPEAKER pro tempore (Mr. race relations in the United States was black Americans were kept from realizing TERRY). The question is on the motion profound. It is only fitting that we equal rights and equal protection. The Greens- offered by the gentleman from Penn- honor them today in this manner. boro Four refused to accept this situation as a sylvania (Mr. DENT) that the House Mr. Speaker, I reiterate my strong fact of life. They were surely angry at their suspend the rules and agree to the con- support for this legislation, remember plight, but they did not choose a path of vio- current resolution, H. Con. Res. 25. my own days as a student at that time, lence, no instead they chose a path of civil The question was taken. not in North Carolina but in the State disobedience, in which their cry for justice The SPEAKER pro tempore. In the of Arkansas where conditions were grew louder and louder with each protest until opinion of the Chair, two-thirds of very similar, and all of us were it became too much for their oppressors to those present have voted in the affirm- touched, moved, inspired, motivated, bear. The Greensboro Four stood up for mil- ative. and activated by the Greensboro Four. lions of Americans with the simple act of sit- Mr. WATT. Mr. Speaker, on that I de- I thank the gentleman for introducing ting down at a lunch counter. Often it is not mand the yeas and nays. this legislation. the amount of action taken that is important, The yeas and nays were ordered. Ms. JACKSON-LEE of Texas. Mr. Speaker, but the meaning behind the act. I stand with The SPEAKER pro tempore. Pursu- I rise today as a proud cosponsor of H. Con. my colleagues in this body today to recognize ant to clause 8 of rule XX and the Res. 25 which recognizes the contributions of the Greensboro Four for their act of brave civil Chair’s prior announcement, further Jibreel Khazan (Ezell Blair, Jr.), David Rich- disobedience and the proud legacy that it has proceedings on this motion will be mond, Joseph McNeil, and Franklin McCain, left. postponed. known as the ‘‘Greensboro Four’’ for their his- Mr. JACKSON of Illinois. Mr. Speaker, on f toric contribution to the civil rights movement. May 17, 1954, the U.S. Supreme Court de- ARTHUR STACEY MASTRAPA POST I want to thank my colleague Representative clared two things: (1) segregated schools are OFFICE BUILDING MILLER of North Carolina for properly recog- illegal; and (2) the legal principle of ‘‘separate nizing these four gentlemen in this body. With- but equal’’ was dead. Mr. DENT. Mr. Speaker, I move to out their contribution to the civil rights move- Philosophically the Court was saying if our suspend the rules and pass the bill ment it may have taken many more years to public institutions are equal, why separate (H.R. 324) to designate the facility of break the barrier of segregation that use to be them? And, practically and historically, if they the United States Postal Service lo- so common place in our Nation. are separate we know they will be unequal. cated at 321 Montgomery Road in On Feb. 1, 1960 four black freshmen at Thus, the Brown decision laid the legal Altamonte Springs, Florida, as the North Carolina A&T State University, Franklin foundation for attacking all segregated institu- ‘‘Arthur Stacey Mastrapa Post Office McCain, Joseph McNeil, Jibreel Khazan (Ezell tions in America. Building’’. Blair, Jr.), and David Richmond, took seats at There had been sit-ins in the 1940s and The Clerk read as follows: the segregated lunch counter of F. W. Wool- ’50s—in Chicago, St. Louis, Baltimore and H.R. 324 worth’s in Greensboro, N.C. They were re- elsewhere—but without the legal foundation of Be it enacted by the Senate and House of Rep- fused service and sat peacefully until the store Brown. resentatives of the United States of America in closed. They returned the next day, along with During this period of increasing civil rights Congress assembled, about 25 other students, and their requests activity, CORE, the Fellowship of Reconcili- SECTION 1. ARTHUR STACEY MASTRAPA POST were again denied. The Greensboro Four in- ation, and SCLC clergy trained young people OFFICE BUILDING. spired similar sit-ins across the state and by in nonviolent direct action. Rev. James (a) DESIGNATION.—The facility of the the end of February; such protests were taking Lawson and others did such training in Nash- United States Postal Service located at 321 Montgomery Road in Altamonte Springs, place across the South. Finally, in July, Wool- ville at Tennessee State, the American Baptist Florida, shall be known and designated as worth’s integrated all of its stores. Theological Seminary and at Fisk University. the ‘‘Arthur Stacey Mastrapa Post Office This single act forever changed the way The students at North Carolina A & T State Building’’. black Americans were able to live in society. University, my alma mater, didn’t know about (b) REFERENCES.—Any reference in a law, Much like Rosa Parks who refused to give up the activity in Nashville. But freedom was in- map, regulation, document, paper, or other her seat simply because of her race and in- creasingly in the air. record of the United States to the facility re- spired the movement to integrate the bus sys- So, on February 1, 1960, four young African ferred to in subsection (a) shall be deemed to tem; and much like Jackie Robinson who re- American men—Franklin McCain, Joseph be a reference to the Arthur Stacey Mastrapa Post Office Building. fused to observe the color barrier in our na- McNeil, Ezell Blair Jr. and David Richmond— tion’s pastime of baseball and blazed the path all freshmen on academic scholarships at The SPEAKER pro tempore. Pursu- for all future black athletes; the Greensboro North Carolina A & T, sat down at a ‘‘whites ant to the rule, the gentleman from Four similarly broke down one of the key bar- only’’ Woolworth’s lunch counter in Greens- Pennsylvania (Mr. DENT) and the gen- riers that kept black Americans from receiving boro. They wanted to be served, but were re- tleman from Illinois (Mr. DAVIS) each equal treatment under the law. This small act fused and physically abused. They responded will control 20 minutes. of peaceful defiance inspired others to act in to violence with nonviolence. The Chair recognizes the gentleman protest and became a tidal wave for change. The media focused on what was happening from Pennsylvania (Mr. DENT). The fact is that in any movement against in- in Greensboro, and African American college GENERAL LEAVE justice, the great majority of the population will students across the South were inspired to Mr. DENT. Mr. Speaker, I ask unani- feel oppressed and disenfranchised, but few begin a lunch counter sit-in movement. They mous consent that all Members may will be ready to act, out of fear due to the filled jails, got out, sat-in again, and went back have 5 legislative days within which to threat of violence from their oppressors. How- to jail. They marched, picketed and refused to revise and extend their remarks and in- ever, there will be those brave few who will stop until the ‘‘Cotton Curtain’’ fell. clude extraneous material on H.R. 324. stare down this threat and act to undo the in- Ten years after Brown, their dream was The SPEAKER pro tempore. Is there justice they face. The Greensboro Four rep- achieved when Congress passed the 1964 objection to the request of the gen- resent those brave few who dared to act in the Civil Rights Act outlawing segregation in public tleman from Pennsylvania?

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—HOUSE 2323 There was no objection. thur Stacey Mastrapa. This measure, as a postal worker, and finally as a Re- Mr. DENT. Mr. Speaker, I yield my- which was introduced by the gen- serve MP. He was called to serve his self such time as I may consume. tleman from Florida (Mr. FEENEY) on country, which he did proudly with the Mr. Speaker, I rise in support of H.R. January 25, 2005, and unanimously re- utmost integrity.’’ 324, a bill to designate the U.S. postal ported by our committee on February His calling led him to join the Army facility at 321 Montgomery Road in 9, 2005, enjoys the support and co-spon- in 1992 and then as he left the Army, to Altamonte Springs, Florida, as the Ar- sorship of the entire Florida delega- reenlist in the Army Reserves after his thur Stacey Mastrapa Post Office tion. active duty years ended. Building. I thank the gentleman from Mr. Mastrapa was a city letter car- His career outside the Reserve was Florida (Mr. FEENEY) for sponsoring rier at the Arthur Springs Post Office also in service of his fellow citizens, this legislation to honor Sergeant who served in the United States Army this time in central Florida. As a post- Mastrapa, a courageous American hero Military Police in Iraq when he was al worker in Altamonte Springs, Flor- whom our Nation lost in the war on killed in action on June 16, 2004. He was ida, he earned the respect of those terror. 35 years old and due to return home the around him. One of his colleagues said Sergeant Arthur Mastrapa of week that he was killed. of his work, ‘‘I respected him for his Apopka, Florida, an Army Reservist Arthur Stacey Mastrapa joined the positive outlook and his level head. and military police officer, was killed U.S. Army in 1992 and served at the Also, his customers remarked how in a rocket attack at a logistics sup- Redstone Arsenal in Alabama and later much they liked him and appreciated port facility in Balad, Iraq, on June 16, in Germany. He left active duty in 1998 his dedication. He was a hard worker 2004. He was 35 years old. His loss was and joined the U.S. Army Reserve. He and good family man.’’ made more tragic because it came just became a letter carrier casual in Two years ago, Sergeant Mastrapa 2 days before he was due to return Altamonte Springs and soon earned a answered the call to serve for what home with his comrades in the 351st career appointment. turned out to be the final time. He and Military Police Company, based in Sergeant Mastrapa was called back his Reserve unit, the 351st Military Po- Ocala, Florida. He is survived by his to active duty in 2003 to serve in Oper- lice, were deployed to Iraq. Last June loving wife, Jennifer, and his two lov- ation Enduring Freedom. During his in Iraq, Sergeant Mastrapa made the ing children, Marisa and Reese. military service, he earned medals for ultimate sacrifice. Nothing could be more appropriate or good conduct and service in the na- All human beings strive to occupy a fitting than to name this post office tional defense. He received two Army valued place. One observer has offered after Sergeant Mastrapa. Mastrapa was Achievement medals and ribbons for this definition for this desire: ‘‘You oc- a Reservist and a postal letter carrier service in military law enforcement. cupy a valued place if other people who worked full time at this post office Sergeant Mastrapa was a loving fam- would miss you if you were gone.’’ on Montgomery Road in Altamonte ily man. He left behind a wife and two Mr. Speaker, Arthur Mastrapa occu- Springs. I hope and pray that the dedi- children and many, many relatives in pied a valued place. He left behind a cation of this facility in Altamonte the central Florida area, Cuba, Michi- wife, Jennifer, and two children Marisa Springs will be a meaningful reminder gan, and Australia. He was also loved and Reese. They, along with the rest of of Arthur’s life and service to his fam- and respected by his co-workers at the his family, miss him terribly. ily, friends, colleagues, and neighbors. post office. His co-workers miss him as well. One The Mastrapa family needs to know Designating the post office in described Sergeant Mastrapa as a man that the heartfelt thoughts and prayers Altamonte Springs, Florida, is an ex- who ‘‘loved his job, loved his family, of all the Members of the House of Rep- cellent way to honor the memory of loved his country.’’ resentatives are with them. We join Arthur Stacey Mastrapa. Another said, ‘‘I only knew him a them in mourning their loss. Mr. Speaker, I commend my col- short time but it was long enough to The United States of America owes league for sponsoring this measure. I know what a great guy he was. Arthur its security and freedom to people like urge swift passage of the bill. was a family man. He loved his kids Arthur Mastrapa. Sergeant Mastrapa Mr. Speaker, I have no further speak- and wanted them with him all of the and our Armed Forces have helped to ers at this time, and I yield back the time.’’ prevent another attack against Amer- balance of my time. b 1445 ica since September 11, 2001, by taking Mr. DENT. Mr. Speaker, I yield such the war on terror straight to where our time as he may consume to the gen- So in an attempt to honor a man who enemies live and plot. Certainly, the tleman from Florida (Mr. FEENEY), my occupied a valued place, his coworkers wonderful democratic election in Iraq distinguished colleague, the sponsor of requested that a special place be on January 30 was in no small part pos- H.R. 324. named for him, the post office in sible to Sergeant Mastrapa’s heroism. Mr. FEENEY. Mr. Speaker, I thank Altamonte Springs, Florida, the very I know the Iraqi people, like all my friends from Pennsylvania and Illi- place Sergeant Mastrapa worked prior Americans, would thank Arthur if they nois who did a great job describing the to leaving for Iraq for what turned out could. sacrifice that Mr. Mastrapa gave to his to be his final journey. Mr. Speaker, I thank the House lead- country on behalf of the citizens of Today, we are here to carry out his ership for selecting this bill for floor Iraq and, actually, freedom throughout colleagues’ wish so they are reminded consideration, and I greatly thank my the world. of Arthur Mastrapa when they arrive distinguished colleague from Florida Mr. Speaker, today we honor a man for work each new day, and so his wife, for working on H.R. 324. I urge all who honored us and dedicated his life his children, his family and his friends Members to support this honor for Ser- to serving others. I thought I would can come to see his name and remem- geant Arthur Mastrapa. take a few minutes to share some of ber his service, his sacrifice and his de- Mr. Speaker, I reserve the balance of the hometown effects of the loss of Ser- cency. my time. geant Mastrapa. In closing, I would like to borrow Mr. DAVIS of Illinois. Mr. Speaker, I Arthur Stacey Mastrapa put country from the words of President Harry Tru- yield myself such time as I may con- and others above self. He possessed a man who said, ‘‘We know that helping sume. unique calling for both service and op- others is the best way, probably the Mr. Speaker, as a member of the timism that left a mark on the lives of only way to achieve a better future for House Committee on Government Re- all he met. ourselves.’’ form, I am pleased to join my colleague His sister-in-law, Tracy Mastrapa, Arthur Stacey Mastrapa’s desire to in consideration of H.R. 324, legislation described this calling: ‘‘He dedicated help others and serve his country has naming the postal facility in his life to public service, first in active made the future a better place to live. Altamonte Springs, Florida, after Ar- duty as a military police officer, then I urge my colleagues to approve H. Res.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2324 CONGRESSIONAL RECORD—HOUSE February 15, 2005 324 and create a lasting memorial to defend their title and win another Super Francisco 49ers in the 1980s, and the Sergeant Mastrapa’s name. Bowl; Dallas Cowboys in the 1990s. Mr. DENT. Mr. Speaker, I urge all Whereas wide-receiver Deion Branch, who This was the Patriots’ ninth straight Members to support H. Res. 324, and I had a record-tying 11 catches for 133 yards, win in the playoffs over the past 4 was selected as the Most Valuable Player years, which equals the great run of yield back the balance of my time. (MVP) of the Super Bowl for the first time, The SPEAKER pro tempore (Mr. joining two-time Super Bowl MVP quarter- Vince Lombardi’s Green Bay Packers TERRY). The question is on the motion back Tom Brady as the only Patriots in NFL during the 1960s as the best pro-season offered by the gentleman from Penn- history chosen to receive this prestigious stretch of all time. Led by their infal- sylvania (Mr. DENT) that the House award; and lible coach Bill Belichick, quarterback suspend the rules and pass the bill, Whereas all of New England is proud of the Tom Brady, safety Rodney Harrison H.R. 324. accomplishments of the entire Patriots orga- and Super Bowl MVP Deion Branch, The question was taken. nization and the dedication of the faithful the Patriots continued to do whatever New England fans throughout the 2004–05 it takes to win big games, and the The SPEAKER pro tempore. In the NFL season: Now, therefore, be it opinion of the Chair, two-thirds of Resolved, That the House of Representa- Brady branch connection proved too those present have voted in the affirm- tives congratulates the National Football much for the Eagles. They have won ative. League Champion New England Patriots on each of their three Super Bowls by just Mr. DENT. Mr. Speaker, on that I de- their extraordinary victory in Super Bowl three points, but Mr. Speaker, I want mand the yeas and nays. XXXIX. to take a moment to recognize our The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- Philadelphia Eagles for their out- The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from standing season as well. ant to clause 8 of rule XX and the Pennsylvania (Mr. DENT) and the gen- The Eagles went 13–3 during the reg- Chair’s prior announcement, further tleman from Illinois (Mr. DAVIS) each ular season and reached the Super proceedings on this motion will be will control 20 minutes. Bowl for the first time since 1981 and postponed. The Chair recognizes the gentleman the second time in team history. Quar- from Pennsylvania (Mr. DENT). terback Donovan McNabb has been f their catalyst all season. He threw for GENERAL LEAVE a whopping 357 yards and three touch- CONGRATULATING THE NEW ENG- Mr. DENT. Mr. Speaker, I ask unani- downs on Super Bowl Sunday, and wide LAND PATRIOTS FOR WINNING mous consent that all Members may receiver Terrell Owens, who broke his SUPER BOWL XXXIX have 5 legislative days within which to leg and tore a knee ligament just 7 revise and extend their remarks and in- Mr. DENT. Mr. Speaker, I move to weeks before the Super Bowl, returned clude extraneous material on H. Res. suspend the rules and agree to the reso- for the first time and remarkably 86, the resolution under consideration. lution (H. Res. 86) congratulating the caught nine passes for 122 yards. New England Patriots for winning The SPEAKER pro tempore. Is there Over 130 million Americans are esti- Super Bowl XXXIX. objection to the request of the gen- mated to have watched at least part of The Clerk read as follows: tleman from Pennsylvania? the Super Bowl, nearly half of all resi- There was no objection. H. RES. 86 dents. Super Bowl Sunday has become Mr. DENT. Mr. Speaker, I yield my- Whereas on February 6, 2005, in Jackson- an unofficial holiday in this country, self such time as I may consume. ville, Florida, the New England Patriots de- and for the third time in 4 years, the Mr. Speaker, I am truly honored to feated the Philadelphia Eagles by a score of New England Patriots, and the Brady be a new Member of the House. I look 24 to 21 in Super Bowl XXXIX to win the Na- branch connection in particular, forward with great anticipation to this tional Football League (NFL) Championship; proved to all of us that they are indeed Whereas the Patriots’ victory in Super body’s numerous deliberations on con- the champions of football. Bowl XXXIX resulted in their third cham- sequential issues in the months and pionship in the last four years, the first Mr. Speaker, while I am indeed years ahead. Engaging in debate for heartbroken and crestfallen in the being a 20 to 17 victory over the St. Louis this resolution, however, is unfortu- Rams in Super Bowl XXXVI and the second wake of the Eagles’ loss, I want to sin- being a 32 to 29 victory over the Carolina nately not one that I have looked for- cerely congratulate my colleague, the Panthers in Super Bowl XXXVIII; ward to. gentleman from Massachusetts (Mr. Mr. Speaker, House Resolution 86 Whereas the Patriots’ victory over the Ea- FRANK) both for the success of his Pa- gles clinched back-to-back championships congratulates the New England Patri- triots and for moving forward this res- for the first time in franchise history; ots on winning Super Bowl XXXIX over olution on the team’s behalf. Whereas in winning Super Bowl XXXIX, the Philadelphia Eagles 24 to 21 on Feb- Mr. Speaker, I reserve the balance of the Patriots became only the second fran- ruary 6, Super Bowl Sunday. As a big chise in NFL history to win three Super my time. Eagles’ fan myself, I know the rules of Mr. DAVIS of Illinois. Mr. Speaker, Bowls in four years; the House preclude me from wearing Whereas beginning during the 2003 season it is my pleasure to yield such time as and stretching into the 2004 season, the Pa- this hat, but I thought I would just he might consume to the gentleman triots won 21 consecutive games, 18 during show it to our audience. I am a dear from Massachusetts (Mr. MARKEY), a the regular season and 3 during the post-sea- and devoted Eagles’ fan, but I had a son of New England and a very proud son, setting franchise and league records for very tough day, as did millions of other Patriots fan. consecutive victories; Eagles’ fans across the country. Mr. MARKEY. Mr. Speaker, I thank Whereas owner Robert Kraft, through With this Super Bowl title, their the gentleman very much for the time. sound management and by instilling a team- third in the last four seasons, the Pa- I thank the gentleman from Massa- first philosophy, has made the Patriots the triots have indeed earned their place model NFL franchise; chusetts (Mr. FRANK) for asking for Whereas Head Coach Bill Belichick, Offen- atop the football world, and they de- this time for a resolution to honor our sive Coordinator Charlie Weis, and Defensive serve this honor from the House. great New England Patriots who now Coordinator Romeo Crennel, stressing team- On behalf of all Members, I salute the go down into history as one of the work and determination, led the Patriots to Patriots for solidifying their place as greatest football teams of all time, and their ninth straight playoff victory by win- one of the most successful dynasties in in honor of that, I have a very brief ning Super Bowl XXXIX and to their second NFL history. poem that I thought I would read to consecutive 14 win regular season, advancing In this era of great parity in the honor this great family and great to the Super Bowl by defeating the record- NFL, the Patriots’ recent success may team. setting Indianapolis Colts and the number not soon be replicated. Their three one seeded Pittsburgh Steelers in the Amer- To the New England Patriots: ican Football Conference (AFC) playoffs; Super Bowls put New England in a The New England Patriots we proud- Whereas the Patriots’ ability to win de- class with other great franchises in ly honor today, they’ve won three spite serious injuries is a testament to the pro-football history, like the Pitts- Super Bowls in 4 years with their re- coaching staff and the desire of the team to burgh Steelers in the 1970s, the San markable play.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—HOUSE 2325 From top to bottom, the Patriots the New England Patriots have demonstrated very much for the time, and I would have clearly shown why in football’s that winning championships is all about team- like to thank my distinguished col- history books they will be known. work. Without question the Patriots are a team league for such a gracious introduction For their great example both on and filled with extremely talented football players, to this resolution, especially from off the field the principles of hard work but each puts the team ahead of his own sta- Pennsylvania, which not only saw the and team play they never yield. tistics and accolades. Patriots beat one Pennsylvania team It starts with Bob Kraft, Myra and This philosophy, and this incredible record but two Pennsylvania teams. So I kin, whose motto is simple, with class of winning with class, is a tribute to Robert thank him for that very gracious rec- we shall win. Kraft, owner of the New England Patriots, and ognition. Belichick and Pioli then constructed the organization he has built. His son Jona- The New England Patriots have a their teams about which others could than has been there every step of the way as motto. It is always team first and team only have dreams. this team has traversed the path to greatness. above everything else, and when we Because the coaching is so great on The team is fortunate to have Bill Belichick, talk about the New England Patriots, both defense and offense the outcomes who brings an outstanding work ethic and we talk about the full roster of 53 peo- of Pats games are almost never in sus- knack for teaching football to this enterprise. ple and how from 1 to 53 they play as a pense. And Scott Pioli continues to be a player per- unit, and they subvert all of their indi- But on the field, it’s the players who sonnel phenom. As every fan in New England vidual goals to that of the team win- win each big game and every one of knows, Bill is a coaching genius, and a man ning and the team winning playoff them belongs in a winner’s Hall of who now finds himself in the elite company of games. Fame. the legendary Vince Lombardi. What’s more, It begins with the ownership of the Quarterback Tom Brady is a football he assembled an outstanding staff of assist- team, the Kraft family, who have legend in the making. He’s never lost a ants, notably Defensive Coordinator Romeo shown vision and determination in playoff game, leaving opponents with Crennel and Offensive Coordinator Charlie building a new stadium and bringing a heads shaking. Weis. The coaches’ game day schemes kept top-quality product to all of us in New Corey Dillon in the backfield, Deion opponents guessing all through this past sea- England. It then goes through the coaching Branch the Super Bowl MVP; and how son as the Patriots won 14 games, through staff with Coach Belichick, who has about Troy Brown playing not just one the playoffs in blowout victories over Indianap- shown tenacity, creativity, hard work way but three? olis and Pittsburgh, and right on into the Super and planning for every eventuality Rodney Harrison at safety, Teddy Bowl match-up and win against the Philadel- that has made the Patriots just a little Brewski linebacker inside and veterans phia Eagles. cut above its competitors in record McGinest and Vinatieri playing with So the Patriots have a great owner and fashion, winning three Super Bowls in great pride. great coaches—and they have certainly dem- the last 3 years, a 21-game winning So after a season with 14 victories, onstrated that they also have great players— the playoffs were ready to begin. Pey- streak, winning 34 of the last 36 games. guys who put the team first—and guys who As we talk about the Patriots’ suc- ton’s Colts came calling first, but Ro- can win championships. Led by the amazing cess, though, it is also important to meo’s ‘‘D’’ made their heads spin. Tom Brady who has never lost a playoff pay tribute to worthy opponents, in The next stop was Pittsburgh for an game—he can beat you with his heart or his particular, in the playoffs, the Indian- appointment with Big Ben, but the head. The team has an outstanding offensive apolis Colts, Pittsburgh and Philadel- rookie was no match for the Pats. They line and receiver corps—Deion Branch tied a phia teams, all of whom played tremen- won by two scores and then. Super Bowl record for receptions and was dously well, had great seasons and, in They faced off against the Eagles in named the game’s Most Valuable Player. In particular, Philadelphia who came so Super Bowl XXXIX and victory, sweet the backfield, the combination of Corey Dillon close in that game. victory, was theirs for a third time. and Kevin Faulk wore down defenses and For those of us from New England, Discipline and focus, a new standard racked up yards. On defense, everyone con- we saw a hero in Curt Schilling in the for teamwork has been set with Kraft tributed—Tedy Bruschi, Mike Vrabel, Ted World Series that brought the Red Sox and Belichick at the helm, more tro- Johnson, Richard Seymour, Roosevelt for the first time in 86 years to the phies they are sure to get. Colvin—the secondary led by Rodney Har- World Series and knew from the Ea- Now one thing is for certain, fans and rison, and the omnipotent Willie McGinest, the gles’ point of view how another hero, experts all agree, the New England Pa- wily veteran who hasn’t lost a step. And then Terrell Owens, who is not only able to triots are football’s newest world-class you have the extraordinary Troy Brown. He talk the talk as we all know, but in the dynasty. exemplifies how Patriot players put the team Super Bowl he clearly walked the walk; We honor Bob Kraft and his wife first. Troy is a receiver and returns punts ordi- and from all of us from New England Myra, his son Jonathan, his entire fam- narily, but when injuries began piling up in the who appreciate heroes, Terrell Owens ily, the coaches, the players and the Patriots secondary—Troy learned to play in certainly earned his stripes in that greatest fans in the world, the New the defensive backfield. game. England fans, for the incredible season Mr. Speaker, the New England Patriots But if there is one person on the Pa- that just culminated with great antici- have left an indelible mark in the football his- triots that we would pay tribute to, it pation for the one that will begin again tory books, clearly establishing themselves as would be a person who has been an of- this fall. the first sports dynasty of the 21st Century. fensive player for all of his 12 years for I thank again the gentleman from They represent the very best of New England the Patriots, that being Troy Brown. Massachusetts (Mr. FRANK) for this res- and have earned the adoration of their fans— This year, with injuries in the depleted olution, and I thank the gentleman Patriot Nation. I congratulate Bob, Myra and secondary, Troy Brown was asked to from Illinois for recognizing me. Jonathan Kraft, Coach Belichick and all of the play defense, and he had to go to team Mr. Speaker, I rise in support of Mr. FRANK’s coaching staff and each and every player for meetings on both the offensive side of resolution and join with the entire New Eng- an exciting season, and a fantastic post-sea- the ball and the defensive side of the land delegation in honoring the remarkable son, and for winning their third world cham- ball, as well as continuing with his achievements of the Super Bowl Champion pionship in four years. punt return duties. New England Patriots. In the interest of good I thank Mr. FRANK for introducing this resolu- Troy Brown epitomized what it sportsmanship, I also want to commend the tion. means to be a Patriot. Yes, he clearly Philadelphia Eagles and their owner Jeffrey Mr. DENT. Mr. Speaker, I yield as probably would have preferred to be a Lurie for a terrific season. much time as he may consume to the pass receiver, but when duty called, he Mr. Speaker, the New England Patriots gentleman from New Hampshire (Mr. did what it took to help the Patriots have redefined teamwork. Even as individual BRADLEY), my distinguished colleague. win their third Super Bowl in a row. accomplishments are recognized and re- Mr. BRADLEY of New Hampshire. Troy Brown epitomizes the spirit of the warded at every turn in professional sports, Mr. Speaker, I thank the gentleman Patriots.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2326 CONGRESSIONAL RECORD—HOUSE February 15, 2005 We hope for a successful year next having a great football team can lift England Patriots, I rise to extol one of year, and we know that there are 31 the spirits of an entire community. San Mateo, California’s favorite sons, other teams, including two from Penn- The fans of New England have stood the quarterback of the Patriots, Tom sylvania, who would like to knock off loyally with the Patriots in tough Brady. His continued success in the Na- the Patriots next year, and we cannot times since their inception in 1962. tional Football League is a source of wait for the next season of football. However, over the last 4 years their great pride for the city of San Mateo, I ask for my colleagues’ support for dedication has been rewarded with which is located in my congressional H. Res. 86. three Super Bowl victories. district, and for the entire Bay Area as Mr. DAVIS of Illinois. Mr. Speaker, In spite of their previous success, well. it is my pleasure to yield such time as this season’s Super Bowl championship After leading the New England Patri- he might consume to the gentleman did not come easily. Headed into the ots to a spectacular 14-win regular sea- from Massachusetts (Mr. MCGOVERN). playoffs, the Patriots suffered two dis- son, Tom continued his winning ways Mr. MCGOVERN. Mr. Speaker, I appointing losses, and it was predicted in a post-season that culminated in the thank the gentleman from Illinois for by many that they would lose their Patriots’ third Super Bowl victory in the time, and Mr. Speaker, I want to first playoff game. four years. As we have come to expect, join with my other New England col- The Patriots had a different plan. Tom Brady guided his team to victory leagues in congratulating the world They first shut down Peyton Manning with a near flawless performance. He champion New England Patriots for and the Indianapolis Colts in New Eng- completed 23 of the 33 passes he threw their victory from Super Bowl XXXIX. land by a score of 20 to 3. The Patriots with zero interceptions, and finished Over the past few years, the Patriots then headed to Pittsburgh to play their with a higher quarterback rating than have put the rhetoric of teamwork into rivals, the Steelers, a team that had either of his previous Most Valuable practice on the field. They work hard beaten them decisively earlier in the Player performances. without show-boating or glory-seeking year. Mr. Speaker, Tom Brady’s extraor- Despite being dubbed the ‘‘team with to be the best football team possible. dinary play in the Super Bowl is even no stars,’’ the Patriots easily disposed more remarkable when one considers b 1500 of the Steelers by winning 41 to 27, and the great personal grief he had to over- They deserve the mantle of dynasty, quieted their critics. Their final test come when his grandmother passed and we are proud of their success. I would come in the Super Bowl. Tech- away just five days before the big particularly want to congratulate nically favored to win the Super Bowl game. Instead of allowing his loss to owner Bob Kraft and head coach Bill in Jacksonville, many people believed overwhelm him, Tom demonstrated his Belichick for their hard work and dedi- that Coach Belichick and his players professionalism by remaining focused cation, not just to the game of football would be outplayed by Donovan and played a great game. I am sure McNabb, Terrell Owens, and the rest of but also to our community. And of that even though she could no longer the Eagles’ high-scoring attack. course I want to congratulate the mag- attend his games, Margaret Brady, nificent players. Once the game was played, however, it was the Patriots who celebrated. known as Peggy to her friends and fam- Mr. Speaker, all of us in Massachu- ily, cheered her grandson on as he per- setts, indeed all of us throughout New After falling behind early in the game, the Patriots players displayed the formed on one of the world’s largest England, have been given an embar- stages and proudly cheered him on as rassment of sports riches in the last hearts of champions by clawing their way back and ultimately winning the she had done since his school yard year. First, our beloved Red Sox ended days. 86 years of misery, first by coming game by a score of 24 to 21. By winning their third championship, Mr. Speaker, I am delighted to pay from behind to defeat the New York the Patriots solidified their place as tribute to Tom Brady, who has been Yankees in the American League one of the National Football League’s thrilling football fans since he was the Championship Series, and then sweep- greatest teams. quarterback at Junipero Serra High ing the St. Louis Cardinals in the Mr. Speaker, I take a moment to School, home of the Padres in San World Series. And now the Patriots are commend the efforts of the master- Mateo. By leading the New England once again world champions. mind behind the operations, Coach Bill Patriots to victory in Super Bowl I hope that the rest of the country is Belichick, who has solidified his stand- XXXIX, Tom Brady joins Terry Brad- patient with those of us in New Eng- ings as one of the great coaches in Na- shaw, Troy Aikman and his boyhood land as we adapt to these new cir- tional Football League history. With idol, Joe Montana, as the only quarter- cumstances. After all, we have much this win, Bill Belichick improves his backs to win at least three NFL titles. more practice with frustration and playoff record to 10 and 1, the best On behalf of the city of San Mateo and heartbreak. playoff record of any coach with three football fans everywhere, I wish him Mr. Speaker, again, I want to con- Super Bowl wins. His record even continued success in his already re- gratulate the Patriots for their tre- eclipses that of the legendary coach, markable career. mendous season, and I look forward to Vince Lombardi. Mr. BISHOP of Georgia. Mr. Speaker, it is watching them continue their success Congratulations to the New England an honor for me to rise in support of H. Res. in the years to come. Patriots and their fans and, once again, 86, congratulating the New England Patriots I urge my colleagues to support this for a terrific year. I am sure that it on winning Super Bowl XXXIX. The Patriots’s resolution. will not be their last, and I know that victory is indeed cause for celebration in my Mr. DENT. Mr. Speaker, I have no the Chicago Bears have been waiting district as fans in Albany, GA, and throughout other requests for time at the moment. and watching and hoping to emulate all of southwest Georgia watched with pride as I reserve the balance of my time. their success. our native son, Deion Branch led his team to Mr. DAVIS of Illinois. Mr. Speaker, I Mr. DAVIS of Illinois. Mr. Speaker, I victory as this year’s most valuable player. We yield myself such time as I may con- yield back the balance of my time. could not be more proud. sume to close for our side. Mr. DENT. Mr. Speaker, I yield my- We salute the New England Patriots for Mr. Speaker, I rise today to support self such time as I may consume. On their third Super Bowl Victory in 4 years. Only H. Res. 86, which pays tribute to the behalf of the Commonwealth of Penn- one other team has ever won the Lombardi New England Patriots, their owner, sylvania, the Philadelphia Eagles, and Trophy so many times in so few years, yet no Robert Kraft, their coach, Bill the Pittsburgh Steelers and all of their other receiver in history has put together back- Belichick, and their dedicated fans for fans, I urge all Members of the House to-back performances like Deion Branch. In the team’s historic achievement of to support the adoption of House Reso- Super Bowl XXXVIII, which the Patriots won winning Super Bowl XXXIX. lution 86. 32–29 over the Carolina Panthers, Deion As an avid, patient, and optimistic Mr. LANTOS. Mr. Speaker, at the Branch caught 10 passes for 143 years, in- Chicago Bears fan, I understand how risk of being as repetitive as the New cluding the game’s first touchdown and the

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So much statements of fire chiefs associations today small for middle school football, to his years so, in fact, that they spent $200 million to pre- include facilitating the exchange of regional on the Monroe High School team to the Uni- vent that from happening. and national information, organizing annual versity of Louisville, to his historic career in Class also means owners who view their conferences and symposiums to discuss ways professional football, Deion Branch has made role in the community with dignity and respon- of improving life-saving procedures, assist- up for what he lacks in size with a spirit and sibility. Although the Kraft family builds cham- ing in research studies, assisting in the de- a talent that defines him as one of the best to pionships and unrivaled proficiency, their off- velopment of public education in fire preven- tion programs, and supporting and encour- ever play the game. field victories may be even more impressive. On behalf of the city of Albany, the 2nd aging the delivery of prehospital emergency Through the Patriot Charitable Foundation, the medical services by the fire service to relieve Congressional District and football fans every- Krafts have made charitable affairs an integral human suffering; where, I wish him continued success in his al- part of their community presence, and as im- Whereas the Virginia Fire Chiefs Associa- ready remarkable career and strongly urge my portant a goal as any Super Bowl victory. tion serves as a fine example of such a State colleagues to vote in favor of H. Res. 86 con- And perhaps most importantly, class means fire chiefs association, which has recognized gratulating the New England Patriots on their never describing oneself as a ‘‘dynasty,’’ be- the aforementioned needs and broadened its outstanding achievement. cause dynasties are never proclaimed, but mission to serve not only statewide inter- Mr. MEEHAN. Mr. Speaker, I rise in enthusi- ests, but regional and national interests; only earned—something a team with class, Whereas upon realizing the need for re- astic support of H. Res. 86, congratulating our like the New England Patriots, knows quite New England Patriots on winning their third gional cooperation toward the advancement well. of fire service in the United States, the Vir- Super Bowl in 4 years. I join my colleagues in saluting the unsur- The word ‘‘dynasty’’ has become synony- ginia Fire Chiefs Association established the passed accomplishments of the New England Mid-Atlantic Expo and Symposium, which mous with the New England Patriots. And de- Patriots. annually draws from States within the Mid- servedly so. Only one other team has accom- Mr. DENT. Mr. Speaker, I have no Atlantic region of the United States and plished what the Patriots have done—the Dal- further requests for time, and I yield which serves to educate firefighters on new las Cowboys of the early 1990s. I believe that back the balance of my time. techniques; and Whereas on the occasion of their 75th An- these Patriots have staked a real claim on the The SPEAKER pro tempore (Mr. moniker of ‘‘America’s Team.’’ niversary, the Virginia Fire Chiefs Associa- CHOCOLA). The question is on the mo- But when the history of this team is written, tion, will be once again hosting their annual tion offered by the gentleman from there is one word that seems most fitting: Mid-Atlantic Expo and Symposium, on Feb- Pennsylvania (Mr. DENT) that the class. ruary 24, 2005: Now, therefore, be it Class means many things, especially in the House suspend the rules and agree to Resolved, That the House of Representa- tives commends all fire chiefs associations world of sports. the resolution, H. Res. 86. The question was taken; and (two- on the outstanding service that they provide Class means a head coach, such as bill to the citizens of the United States. Belichick, who immediately after overtaking thirds having voted in favor thereof) The SPEAKER pro tempore. Pursu- Vince Lombardi as the NFL coach with the the rules were suspended and the reso- ant to the rule, the gentleman from best playoff winning percentage talks about lution was agreed to. ‘‘starting at the bottom of the mountain’’ next A motion to reconsider was laid on Pennsylvania (Mr. DENT) and the gen- season. It also means a coach who deflects the table. tleman from Illinois (Mr. DAVIS) each personal credit as adroitly as he outsmarts op- f will control 20 minutes. posing coaches. Similarly, class seems suit- The Chair recognizes the gentleman RECOGNIZING VIRGINIA FIRE from Pennsylvania (Mr. DENT). able for a coach who should rather talk end- CHIEFS ASSOCIATION ON ITS GENERAL LEAVE lessly about his role models than about him- 75TH ANNIVERSARY self, even after he eclipses those role models Mr. DENT. Mr. Speaker, I ask unani- in all measures of success. Mr. DENT. Mr. Speaker, I move to mous consent that all Members may Class also means a team that overcomes suspend the rules and agree to the reso- have 5 legislative days within which to injuries to two key starters, Ty Law and Ty- lution (H. Res. 80) recognizing the Vir- revise and extend their remarks and in- rone Poole, when unheralded players, such as ginia Fire Chiefs Association on the oc- clude extraneous material on the reso- Randall Gay and Asante Samuel, play like casion of its 75th anniversary and com- lution under consideration. seasoned veterans in the most stressful situa- mending the Virginia Fire Chiefs Asso- The SPEAKER pro tempore. Is there tions imaginable, to the disbelief of all observ- ciation for sponsoring annually the objection to the request of the gen- ers. It means a group of players whom many Mid-Atlantic Expo and Symposium, as tleman from Pennsylvania? outside New England don’t recognize by name amended. There was no objection. or face but only as part of a team. And class The Clerk read as follows: Mr. DENT. Mr. Speaker, I yield my- might also describe a team whose accom- H. RES. 80 self such time as I may consume. Mr. plishments are sometimes dismissed as ‘‘luck’’ Whereas every State in the United States Speaker, House Resolution 80, as even when, by definition, ‘‘luck’’ can’t explain has established a fire chiefs association; amended, commends all State fire continuous triumph, game after game, season Whereas fire chiefs associations provide chiefs associations. Every State in the after season, at home and on the road, in comprehensive and integrated statewide pub- Union has a fire chiefs association. lic safety efforts, thereby enhancing the close games and blowouts, in air-conditioned These groups provide valuable leader- quality of life of American citizens by reduc- ship skills to career and volunteer domes and Foxborough blizzards. ing the effects of fire, medical, and environ- Class refers to players, such as Tom Brady mental emergencies; chiefs, chief fire officers and managers and Deion Branch, who would rather credit Whereas all fire chiefs associations serve of emergency service organizations their teammates than tout their own efforts. to provide educational resources to fire- throughout the United States. Class describes players such as Willie fighters, facilitate information exchange and The members are literally on the McGinest and Tedy Bruschi, who would rather regional cooperation between firefighting en- front lines of the homeland security ef- win Super Bowls than All-Pro invitations, as tities, and provide professional development fort, ready to respond in a moment’s well as players such as Corey Dillon and Rod- workshops and training to all statewide and notice to crisis situations anywhere in regional firefighters; America. Fire chiefs are unquestion- ney Harrison, who have silenced past critics Whereas the mission statements of all fire with their on-field performance not their off- chiefs associations have continuously broad- ably the world’s leaders in fire fight- field remarks. ened beyond the original goals of working for ing, first response, emergency medical Class means owners who care as much the promotion of fire prevention and protec- services, natural disasters, search and about the team as does the most passionate tion from and extinguishment of fires to rescue, and many other areas of public

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safety. Their efforts largely go unno- Mr. Speaker, I applaud Congressman VIRGIL The SPEAKER pro tempore. Is there ticed, which is why I am so pleased GOODE of my home State of Virginia for intro- objection to the request of the gen- that the House is taking time to recog- ducing this important resolution and urge an tleman from Ohio? nize fire chiefs associations today. ‘‘aye’’ vote. There was no objection. Mr. Speaker, my thanks go to the Mr. GOODE. Mr. Speaker, I offer my strong f gentleman from Virginia (Mr. GOODE) support of passing H. Res. 80, which honors for introducing this resolution. I urge the Virginia Fire Chiefs Association on reach- ANNOUNCEMENT BY THE SPEAKER the adoption. ing their 75th anniversary and commends PRO TEMPORE Mr. Speaker, I reserve the balance of them for annually hosting the Mid-Atlantic The SPEAKER pro tempore. Pursu- my time. Expo and Symposium, and honors all Fire ant to clause 8 of rule XX, proceedings Mr. DAVIS of Illinois. Mr. Speaker, I Chiefs Associations across the United States yield myself such time as I might con- will resume on motions to suspend the of America for their hard work on behalf of the rules previously postponed. sume. Mr. Speaker, every year fires all citizens in this country. The Virginia Fire and other emergencies take thousands Votes will be taken in the following Chiefs Association serves as an outstanding order: of lives and destroy property worth bil- model for the importance that fire chiefs asso- lions of dollars. House Concurrent Resolution 25, by ciations serve in our country, while confronted Fire fighters help protect the public the yeas and nays; with new challenges facing fire services in en- against these dangers by rapidly re- H.R. 324, by the yeas and nays. suring the safety of our citizens and in pro- sponding to a variety of emergencies. f They are frequently the first emer- tecting our homeland. I congratulate the Vir- gency personnel at the scene of a traf- ginia Fire Chiefs Association on reaching its RECOGNIZING CONTRIBUTIONS OF fic accident or medical emergency and 75th Anniversary. I hope that all will vote for ‘‘GREENSBORO FOUR’’ TO THE may be called upon to put out a fire, H. Res. 80, the Virginia Fire Chiefs Resolu- CIVIL RIGHTS MOVEMENT treat injuries, or perform other vital tion, and hope the U.S. House of Representa- The SPEAKER pro tempore. The functions. State fire chiefs associations tives will support this resolution and pass it pending business is the question of sus- serve to provide educational resources today. pending the rules and agreeing to the to fire fighters, to facilitate the ex- Mr. DENT. Mr. Speaker, I yield back concurrent resolution, H. Con. Res. 25. change of information, to promote re- the balance of my time. The Clerk read the title of the con- gional cooperation between firefighting The SPEAKER pro tempore. The current resolution. entities and to provide professional de- question is on the motion offered by The SPEAKER pro tempore. The velopment workshops and training to the gentleman from Pennsylvania (Mr. question is on the motion offered by all state-wide and regional fire fight- DENT) that the House suspend the rules the gentleman from Pennsylvania (Mr. and agree to the resolution, H. Res. 80, ers. DENT) that the House suspend the rules These efforts in recent years have as amended. and agree to the concurrent resolution, been broadened to include protecting The question was taken; and (two- H. Con. Res. 25, on which the yeas and the homeland. The Illinois Fire Chiefs thirds having voted in favor thereof) nays are ordered. Association is dedicated to promoting the rules were suspended and the reso- The vote was taken by electronic de- excellence in the fire service by pro- lution, as amended, was agreed to. vice, and there were—yeas 424, nays 0, viding the network of information The title of the resolution was not voting 9, as follows: sharing and opportunities for its di- amended so as to read: ‘‘A resolution [Roll No. 32] verse membership and associated part- commending fire chiefs associations.’’. nerships through education, legisla- A motion to reconsider was laid on YEAS—424 tion, and technical means. the table. Abercrombie Brown (OH) Cummings Ackerman Brown (SC) Cunningham The fire chiefs associations help us f Aderholt Brown, Corrine Davis (AL) do our jobs, which is to serve and pro- Akin Brown-Waite, Davis (CA) tect the American public. I commend RECESS Alexander Ginny Davis (FL) the Illinois Fire Chiefs Association and The SPEAKER pro tempore. Pursu- Allen Burgess Davis (IL) Baca Burton (IN) Davis (KY) all fire chief associations for their hard ant to clause 12(a) of rule I, the Chair Bachus Butterfield Davis (TN) work and dedication. They function for declares the House in recess until ap- Baker Buyer Davis, Jo Ann all of us and in our best interest. proximately 6:30 p.m. Baldwin Calvert Davis, Tom Mr. Speaker, I yield back the balance Barrett (SC) Camp Deal (GA) Accordingly (at 3 o’clock and 7 min- Barrow Cannon DeFazio of my time. utes p.m.), the House stood in recess Bartlett (MD) Cantor DeGette Mr. TOM DAVIS of Virginia. Mr. Speaker, I until approximately 6:30 p.m. Barton (TX) Capito Delahunt rise today in support of H. Res. 80, which rec- Bass Capps DeLauro f Bean Capuano DeLay ognizes the Virginia Fire Chiefs Association on Beauprez Cardin Dent the occasion of its 75th anniversary and com- b 1830 Becerra Cardoza Diaz-Balart, L. mends the Virginia Fire Chief’s Association for AFTER RECESS Berkley Carnahan Diaz-Balart, M. being an annual sponsor of the Mid-Atlantic Berman Carson Dicks The recess having expired, the House Berry Carter Dingell Expo and Symposium. Biggert Case Doggett Fire chiefs throughout the Nation provide was called to order by the Speaker pro Bilirakis Castle Doolittle decisive leadership that is key to the success tempore (Mr. BURGESS) at 6 o’clock and Bishop (GA) Chabot Doyle of America’s firefighters and first responders. 30 minutes p.m. Bishop (NY) Chandler Drake Bishop (UT) Chocola Dreier The fire chief’s associations in each State play f Blackburn Clay Duncan a critical role in coordinating this important ef- Blumenauer Cleaver Edwards PERMISSION FOR COMMITTEE ON fort. Their members are literally on the front Blunt Clyburn Ehlers EDUCATION AND THE WORK- Boehlert Coble Emanuel lines of the homeland security effort, ready to FORCE TO HAVE UNTIL 5 P.M. Boehner Cole (OK) Emerson respond in a moment’s notice to crisis situa- FRIDAY, FEBRUARY 25, 2005 TO Bonilla Conaway Engel tions anywhere in America. Bonner Conyers English (PA) I have been able to witness the firm dedica- FILE REPORT ON H.R. 27, JOB Bono Cooper Etheridge TRAINING IMPROVEMENT ACT Boozman Costa Evans tion and guidance the fire chiefs in my con- Boren Costello Everett gressional district have provided. Unfortu- Mr. BOEHNER. Mr. Speaker, I ask Boswell Cox Farr nately, their selfless efforts largely go unno- unanimous consent that the Com- Boucher Cramer Fattah ticed, which is why I am pleased the House is mittee on Education and the Workforce Boustany Crenshaw Feeney Boyd Crowley Ferguson taking this opportunity to recognize the Vir- may have until 5 p.m. on Friday, Feb- Bradley (NH) Cubin Filner ginia Fire Chiefs Association for their great ruary 25, 2005, to file a report to accom- Brady (PA) Cuellar Fitzpatrick (PA) achievements today. pany H.R. 27. Brady (TX) Culberson Flake

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00093 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—HOUSE 2329 Foley Leach Pryce (OH) Weller Wilson (NM) Wynn Etheridge Kucinich Platts Forbes Lee Putnam Westmoreland Wilson (SC) Young (AK) Evans Kuhl (NY) Poe Ford Levin Radanovich Wexler Wolf Young (FL) Everett LaHood Pombo Fortenberry Lewis (CA) Rahall Whitfield Woolsey Farr Langevin Pomeroy Fossella Lewis (GA) Ramstad Wicker Wu Feeney Lantos Porter Foxx Lewis (KY) Rangel Ferguson Larsen (WA) Portman Frank (MA) Linder Regula NOT VOTING—9 Filner Larson (CT) Price (GA) Franks (AZ) Lipinski Rehberg Andrews Hulshof Stupak Fitzpatrick (PA) Latham Price (NC) Frelinghuysen LoBiondo Reichert Baird Miller (FL) Wamp Flake LaTourette Pryce (OH) Gallegly Lofgren, Zoe Renzi Eshoo Stark Waters Foley Leach Putnam Garrett (NJ) Lowey Reyes Forbes Lee Radanovich Gerlach Lucas Reynolds ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ford Levin Rahall Gibbons Lungren, Daniel Rogers (AL) The SPEAKER pro tempore (Mr. Fortenberry Lewis (CA) Ramstad Gilchrest E. Rogers (KY) Fossella Lewis (GA) Rangel Gillmor Lynch Rogers (MI) BURGESS) (during the vote). Members Foxx Lewis (KY) Regula Gingrey Mack Rohrabacher are advised 2 minutes remain in this Frank (MA) Linder Rehberg Gohmert Maloney Ros-Lehtinen vote. Franks (AZ) Lipinski Reichert Gonzalez Manzullo Ross Frelinghuysen LoBiondo Renzi Goode Marchant Rothman b 1855 Gallegly Lofgren, Zoe Reyes Goodlatte Markey Roybal-Allard Garrett (NJ) Lowey Reynolds Gordon Marshall Royce So (two-thirds having voted in favor Gerlach Lucas Rogers (AL) Granger Matheson Ruppersberger thereof) the rules were suspended and Gibbons Lungren, Daniel Rogers (KY) Graves McCarthy Rush Gilchrest E. Rogers (MI) Green (WI) McCaul (TX) Ryan (OH) the concurrent resolution was agreed Gillmor Lynch Rohrabacher Green, Al McCollum (MN) Ryan (WI) to. Gingrey Mack Ros-Lehtinen Green, Gene McCotter Ryun (KS) The result of the vote was announced Gohmert Maloney Ross Grijalva McCrery Sabo as above recorded. Gonzalez Manzullo Rothman Gutierrez McDermott Salazar Goode Marchant Roybal-Allard Gutknecht McGovern Sa´ nchez, Linda A motion to reconsider was laid on Goodlatte Markey Royce Hall McHenry T. the table. Gordon Marshall Ruppersberger Harman McHugh Sanchez, Loretta Granger Matheson Rush Harris McIntyre Sanders f Graves McCarthy Ryan (OH) Hart McKeon Saxton Green (WI) McCaul (TX) Ryan (WI) Hastings (FL) McKinney Schakowsky ARTHUR STACEY MASTRAPA POST Green, Al McCollum (MN) Ryun (KS) Hastings (WA) McMorris Schiff OFFICE BUILDING Green, Gene McCotter Sabo Hayes McNulty Schwartz (PA) Grijalva McCrery Salazar Hayworth Meehan Schwarz (MI) The SPEAKER pro tempore. The Gutierrez McDermott Sa´ nchez, Linda Hefley Meek (FL) Scott (GA) pending business is the question of sus- Gutknecht McGovern T. Hensarling Meeks (NY) Scott (VA) Hall McHenry Sanchez, Loretta Herger Melancon Sensenbrenner pending the rules and passing the bill, Harman McHugh Sanders Herseth Menendez Serrano H.R. 324. Harris McIntyre Saxton Higgins Mica Sessions The Clerk read the title of the bill. Hart McKeon Schakowsky Hinchey Michaud Shadegg The SPEAKER pro tempore. The Hastings (FL) McKinney Schiff Hinojosa Millender- Shaw Hastings (WA) McMorris Schwartz (PA) Hobson McDonald Shays question is on the motion offered by Hayes McNulty Schwarz (MI) Hoekstra Miller (MI) Sherman the gentleman from Pennsylvania (Mr. Hayworth Meehan Scott (GA) Holden Miller (NC) Sherwood DENT) that the House suspend the rules Hefley Meek (FL) Scott (VA) Holt Miller, Gary Shimkus Hensarling Meeks (NY) Sensenbrenner Honda Miller, George Shuster and pass the bill, H.R. 324, on which the Herger Melancon Serrano Hooley Mollohan Simmons yeas and nays are ordered. Herseth Menendez Sessions Hostettler Moore (KS) Simpson The vote was taken by electronic de- Higgins Mica Shadegg Hoyer Moore (WI) Skelton vice, and there were—yeas 420, nays 0, Hinchey Michaud Shaw Hunter Moran (KS) Slaughter Hinojosa Millender- Shays Hyde Moran (VA) Smith (NJ) not voting 13, as follows: Hobson McDonald Sherman Inglis (SC) Murphy Smith (TX) [Roll No. 33] Hoekstra Miller (MI) Sherwood Inslee Murtha Smith (WA) Holden Miller (NC) Shimkus Israel Musgrave Snyder YEAS—420 Holt Miller, Gary Shuster Issa Myrick Sodrel Abercrombie Boyd Costello Honda Miller, George Simmons Istook Nadler Solis Ackerman Bradley (NH) Cox Hooley Mollohan Simpson Jackson (IL) Napolitano Souder Aderholt Brady (PA) Cramer Hostettler Moore (KS) Skelton Jackson-Lee Neal (MA) Spratt Akin Brady (TX) Crenshaw Hoyer Moore (WI) Slaughter (TX) Neugebauer Stearns Alexander Brown (OH) Cubin Hunter Moran (KS) Smith (NJ) Jefferson Ney Strickland Allen Brown (SC) Cuellar Hyde Moran (VA) Smith (TX) Jenkins Northup Sullivan Baca Brown, Corrine Culberson Inglis (SC) Murphy Smith (WA) Jindal Norwood Sweeney Bachus Brown-Waite, Cummings Inslee Musgrave Snyder Johnson (CT) Nunes Tancredo Baker Ginny Cunningham Israel Myrick Sodrel Johnson (IL) Nussle Tanner Baldwin Burgess Davis (AL) Issa Nadler Solis Johnson, E. B. Oberstar Tauscher Barrett (SC) Burton (IN) Davis (CA) Istook Napolitano Souder Johnson, Sam Obey Taylor (MS) Barrow Butterfield Davis (FL) Jackson (IL) Neal (MA) Spratt Jones (NC) Olver Taylor (NC) Bartlett (MD) Buyer Davis (IL) Jackson-Lee Neugebauer Stearns Jones (OH) Ortiz Terry Barton (TX) Calvert Davis (KY) (TX) Ney Strickland Kanjorski Osborne Thomas Bass Camp Davis (TN) Jefferson Northup Sullivan Kaptur Otter Thompson (CA) Bean Cannon Davis, Jo Ann Jenkins Norwood Sweeney Keller Owens Thompson (MS) Beauprez Cantor Davis, Tom Jindal Nunes Tancredo Kelly Oxley Thornberry Becerra Capito Deal (GA) Johnson (CT) Nussle Tanner Kennedy (MN) Pallone Tiahrt Berkley Capps DeFazio Johnson (IL) Oberstar Tauscher Kennedy (RI) Pascrell Tiberi Berman Capuano Delahunt Johnson, E. B. Obey Taylor (MS) Kildee Pastor Tierney Berry Cardin DeLauro Johnson, Sam Olver Taylor (NC) Kilpatrick (MI) Paul Towns Biggert Cardoza DeLay Jones (NC) Ortiz Terry Kind Payne Turner Bilirakis Carnahan Dent Jones (OH) Osborne Thomas King (IA) Pearce Udall (CO) Bishop (GA) Carson Diaz-Balart, L. Kanjorski Otter Thompson (CA) King (NY) Pelosi Udall (NM) Bishop (NY) Carter Diaz-Balart, M. Kaptur Owens Thompson (MS) Kingston Pence Upton Bishop (UT) Case Dicks Keller Oxley Thornberry Kirk Peterson (MN) Van Hollen Blackburn Castle Dingell Kelly Pallone Tiahrt Kline Peterson (PA) Vela´ zquez Blumenauer Chabot Doggett Kennedy (MN) Pascrell Tiberi Knollenberg Petri Visclosky Blunt Chandler Doolittle Kennedy (RI) Pastor Tierney Kolbe Pickering Walden (OR) Boehlert Chocola Doyle Kildee Paul Towns Kucinich Pitts Walsh Boehner Clay Drake Kilpatrick (MI) Payne Turner Kuhl (NY) Platts Wasserman Bonilla Cleaver Dreier Kind Pearce Udall (CO) LaHood Poe Schultz Bonner Clyburn Duncan King (IA) Pelosi Udall (NM) Langevin Pombo Watson Bono Coble Edwards King (NY) Pence Upton Lantos Pomeroy Watt Boozman Cole (OK) Ehlers Kingston Peterson (MN) Van Hollen Larsen (WA) Porter Waxman Boren Conaway Emanuel Kirk Peterson (PA) Vela´ zquez Larson (CT) Portman Weiner Boswell Conyers Emerson Kline Petri Visclosky Latham Price (GA) Weldon (FL) Boucher Cooper Engel Knollenberg Pickering Walden (OR) LaTourette Price (NC) Weldon (PA) Boustany Costa English (PA) Kolbe Pitts Walsh

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Wasserman Weldon (PA) Wilson (SC) Mr. PITTS, Pennsylvania, rect each year a minimum of $5 million Schultz Weller Wolf Watson Westmoreland Woolsey Mr. ADERHOLT, Alabama, in HIDTA funds to support HIDTA ini- Watt Wexler Wu Mr. PENCE, Indiana. tiatives aimed at increasing safety and Waxman Whitfield Wynn f encouraging cooperation in neighbor- Weiner Wicker Young (AK) hoods like the Dawson’s. Weldon (FL) Wilson (NM) Young (FL) STABBING VETERANS IN THE f NOT VOTING—13 BACK SPECIAL ORDERS Andrews Fattah Stupak (Ms. JACKSON-LEE of Texas asked Baird Hulshof Wamp and was given permission to address The SPEAKER pro tempore (Mr. Crowley Miller (FL) Waters BURGESS). Under the Speaker’s an- DeGette Murtha the House for 1 minute and to revise Eshoo Stark and extend her remarks.) nounced policy of January 4, 2005, and Ms. JACKSON-LEE of Texas. Mr. under a previous order of the House, ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Speaker, this is National Salute to the following Members will be recog- The SPEAKER pro tempore (Mr. Hospital Veterans Week, and just on nized for 5 minutes each. BURGESS) (during the vote). Members Sunday I had the opportunity to visit f are advised there are 2 minutes remain- my veterans hospital in our commu- ing in the vote. SMART SECURITY AND IRAQ’S nity in Houston, visiting veterans and ELECTIONS 1913 b speaking to them and thanking them The SPEAKER pro tempore. Under a So (two-thirds having voted in favor for their service. previous order of the House, the gentle- thereof) the rules were suspended and Mr. Speaker, not one of them, not woman from California (Ms. WOOLSEY) the bill was passed. one of them had one moment of regret is recognized for 5 minutes. The result of the vote was announced for the service to their Nation. That is Ms. WOOLSEY. Mr. Speaker, I am be- as above recorded. why I stand here today to read the ginning to lose count of the number of A motion to reconsider was laid on words of Al Marlowe, the 75-year-old, reasons why we went to war in Iraq. the table. eighth district commander for 17 Hous- First it was because Saddam Hussein ton-area American Legion posts: ‘‘It’s was closely linked to al Qaeda, the ter- f a stab in the back,’’ he says. ‘‘It’s stab rorist group that conducted the ter- REPORT ON RESOLUTION PRO- in the back,’’ says Marlowe, 75, a Ko- rorist attacks in New York on Sep- VIDING FOR CONSIDERATION OF rean War veteran. ‘‘This is what they tember 11. H.R. 310, BROADCAST DECENCY do behind closed doors in Washington if After that theory was disproved, the ENFORCEMENT ACT OF 2005 you want the real truth.’’ reason for going to war became the im- It is a stab in the back because we minent and immediate threat that Sad- Mr. GINGREY, from the Committee have cut veterans benefits. We are ask- dam posed to the United States. Ac- on Rules, submitted a privileged report ing them to enhance the copay of vet- cording to the White House, Saddam (Rept. No. 109–6) on the resolution (H. erans who have served this country. possessed stockpiles of nuclear and bio- Res. 95) providing for consideration of logical weapons. the bill (H.R. 310) to increase the pen- b 1915 When we learned that Saddam’s nu- alties for violations by television and When they served, we promised them clear weapons program had actually radio broadcasters of the prohibitions benefits for life. It seems a shame on been dismantled after the 1991 Gulf against transmission of obscene, inde- this House if we cannot come together War, which was a full 12 years ago cent, and profane material, and for and establish priorities and begin to when the U.S. began its first invasion other purposes, which was referred to give back to veterans who have given of Iraq, the Bush administration the House Calendar and ordered to be to this Nation. changed its rationale yet again. This printed. This is a national salute to veterans time the reason for going to war was f who are hospitalized, Mr. Speaker, but for the very cause of democracy itself, there are many more veterans who to bring democracy to the Iraqi people. REPORT ON RESOLUTION PRO- come to outpatient clinics at veterans Some have said that Iraq’s recent VIDING FOR CONSIDERATION OF hospitals all over America. It is time elections are the very embodiment of S. 5, CLASS ACTION FAIRNESS to stop stabbing them in the back and Iraq’s quick embrace of democracy. It ACT OF 2005 provide them the lifetime benefit for is important right now to commend the Mr. GINGREY, from the Committee serving this country. brave 58 percent of registered Iraqis who voted in these elections, voted to on Rules, submitted a privileged report f (Rept. No. 109–7) on the resolution (H. select the legislators who will write Res. 96) providing for consideration of INTRODUCTION OF THE DAWSON the Iraqi constitution. the Senate bill (S. 5) to amend the pro- COMMUNITY FAMILY PROTEC- In fact, Iraq’s voter turnout was cedures that apply to consideration of TION ACT OF 2005 higher than the turnout in most Amer- ican elections. Believe me, the people interstate class actions to assure fairer (Mr. CUMMINGS asked and was who live in my congressional district, outcomes for class members and de- given permission to address the House Marin and Sonoma Counties, north of fendants, and for other purposes, which for 1 minute and to revise and extend San Francisco, across the Golden Gate was referred to the House Calendar and his remarks.) Bridge, know how important elections ordered to be printed. Mr. CUMMINGS. Mr. Speaker, I rise are to keeping a viable and vital de- f tonight to announce the fact that I in- mocracy in a country. In last Novem- troduce tonight the Dawson Commu- APPOINTMENT OF MEMBERS TO ber’s election, we voted with a record nity Family Protection Act of 2005. 89.5 percent of registered voters turn- COMMISSION ON SECURITY AND In my district in Baltimore, unfortu- COOPERATION IN EUROPE ing out. nately, about 2 years ago we had A Sadly, despite Iraq’s elections, the The SPEAKER pro tempore. Pursu- family of seven incinerated in the mid- Middle East is as unstable as it has ant to 22 U.S.C. 3003 note, and the order dle of the night because they wanted to ever been. The war in Iraq has made of the House of January 4, 2005, the cooperate with the police, and drug Iraq a more violent and unstable place, Chair announces the Speaker’s ap- thugs made a decision that they would making America less secure from the pointment of the following Members of burn them up instead of allowing them threat of terrorism by creating a ter- the House to the Commission on Secu- to cooperate with the police. rorist breeding ground in a country rity and Cooperation in Europe: The Dawson Family Community Pro- that had never been a haven for ter- Mr. SMITH, New Jersey, Cochairman, tection Act would require the director rorist groups like al Qaeda in the first Mr. WOLF, Virginia, of National Drug Control Policy to di- place.

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Is there nation, consolidation and streamlining that is the danger, the danger risked objection to the request of the gen- of youth-serving programs. by invading a country when you will tleman from Nebraska? The White House Task Force on Dis- not admit the real reason you are there There was no objection. advantaged Youth did a study and they in the first place. arrived at a similar conclusion, that we f Are we there to stabilize Iraq so we had a tremendous amount of dysfunc- can control their oil resources? Are we INTRODUCTION OF THE FEDERAL tion and disorganization in our youth- there to force our notions of democracy YOUTH COORDINATION ACT serving programs. onto the Iraqi people? Or are we there The SPEAKER pro tempore. Under a Therefore, at the request of numer- to honor the Iraqi voters, voters who previous order of the House, the gen- ous youth-serving agencies, we have went to the polls because they want to tleman from Nebraska (Mr. OSBORNE) is drafted the Federal Youth Coordina- control their own destiny? recognized for 5 minutes. tion Act which will be introduced to- The most important thing to recog- Mr. OSBORNE. Mr. Speaker, I spent morrow. This bill creates a council nize is that Iraq will not resemble the a good part of my life in coaching, composed of members of all 12 youth- United States, and Iraq’s constitution dealing with young people, and not serving agencies. This council will will not be an updated version of our long ago, I had a call from a young have to meet at least four times a year. own. Mr. Speaker, it has become clear man whom I had not heard from for The Council will be charged with basi- that we cannot keep our troops sta- about 7 or 8 years. cally five different tasks. tioned halfway around the world with This young man was abandoned by Number 1, they will be asked to the hope that Iraq will become a Mid- his father in infancy and then by his evaluate youth-serving programs to dle Eastern version of the United mother when he was 12, and he spent make sure they are accomplishing States. basically 2 years on his own on the what they were designed to do. But the elections do demonstrate streets, and he spent some time in a Number 2, they are charged with co- that the Iraqi people are prepared to group home and, needless to say, had a ordinating and consolidating across manage their own affairs. That is why, very difficult life. Maybe things are agencies. In many cases, the way the now that Iraq’s elections are com- getting a little better now, but unfor- language of the bill is written, they pleted, the United States must ensure tunately, this story is not unusual. It cannot even talk to each other if they that the people of Iraq control their happens more and more frequently. are in different agencies. own affairs as the country transitions The National Academy of Sciences Number 3, provide an annual report towards democracy. estimates that 10 million teens, which on progress on coordination, stream- We can do this by supporting the is one-fourth of our teenagers, are at lining and consolidation. Iraqi people, not through our military, serious risk of not achieving a produc- Number 4, set quantifiable goals for but through international cooperation tive adulthood. There are 22 million fa- Federal youth programs and develop a to help rebuild Iraq’s economic and therless children in our country. Fifty plan to reach those goals. In other physical infrastructure. words, they have to, in some way, We owe this to the people of Iraq, percent of our children currently grow up without both biological parents. We quantify and measure what it is they who are being killed by the thousands. are trying to do and how far they have We owe it to our troops who are sitting are the most violent Nation in the world for Nations that are not at war gone in achieving those goals. ducks for the terrorists, and we owe it Number 5, hold Federal agencies ac- to the nearly 1,500 American troops for young people in regard to homicide and suicide. We have 3 million teen- countable for achieving results. who have died in this ill-conceived mis- I would ask my colleagues to please agers addicted to alcohol and hundreds adventure, as well as the 11,000 who support the Federal Youth Coordina- of thousands addicted to other kinds of have been severely wounded. tion Act. This bill will help the Federal drugs. To help the situation in Iraq, I have Government deliver more services I would submit, Mr. Speaker, that introduced H. Con. Res. 35, which is more effectively to a greater number of this level of dysfunction among our legislation that will help Iraq secure children. It will be more cost-effective, young people is a greater threat to the its own future and ensure that Amer- and I hope that it will receive broad bi- long-term well-being of our Nation ica’s role in Iraq actually does make partisan support. America safer. So far, 27 of my House than terrorism. That is an extreme colleagues have signed on as cospon- statement, but I really believe it is f sors of this important legislation. true. ORDER OF BUSINESS My plan for Iraq is part of a larger The Federal Government has re- Mr. DAVIS of Illinois. Mr. Speaker, I strategy that I call SMART security, sponded to this problem by creating ask unanimous consent to take my which is a Sensible Multilateral Amer- more than 150 youth-serving programs time out of order. ican Response to Terrorism that will spread over 12 agencies. Most of these The SPEAKER pro tempore. Is there ensure America’s security by relying programs are in Health and Human objection to the request of the gen- on smarter politics. Services, Department of Education, De- tleman from Illinois? Mr. Speaker, let me be clear; we partment of Justice. There was no objection. The problem is that many of these should not abandon Iraq. There is still f a critical role for the United States in programs are duplicative. Most have providing the developmental aid that not been evaluated for effectiveness. COMMENDING MASTER SERVICE can help create a robust civil society, Many of them do not serve the function AGREEMENT BETWEEN R.R. build schools and water processing for which they were designed. Many DONNELLEY AND ALL PRINTING plants, and ensure that Iraq’s economic have no clear mission or goals. There is GRAPHICS infrastructure becomes fully viable. often little communication between The SPEAKER pro tempore. Under a Instead of troops, we need to send agencies and programs, and there is un- previous order of the House, the gen- scientists, educators, urban planners necessary complexity in obtaining tleman from Illinois (Mr. DAVIS) is rec- and constitutional experts to help re- youth services. For instance, someone ognized for 5 minutes. build Iraq’s flagging economic and in foster care may have to deal with Mr. DAVIS of Illinois. Mr. Speaker, I physical infrastructure. four or five different agencies, and for rise today to commend R.R. Donnelley

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So when nary tier one vendor relationship and unanimous consent to take the time of we got these charts, I was afraid the creates a new model that encompasses the gentleman from California (Mr. differences would have all but evapo- the spirit of minority business develop- ROHRABACHER). rated. Lo and behold, the prices are ment. This alliance enables an impor- The SPEAKER pro tempore. Is there even more exaggerated today than they tant minority-owned business in Chi- objection to the request of the gen- were a year ago. In other words, prices cago to draw on R.R. Donnelley’s man- tleman from Minnesota? here in the United States, the differen- ufacturing, information technology There was no objection. tial is even greater today than it was a and product development resources, f year ago, even though the value of the making All Printing and Graphics one DRUG PRICES IN AMERICA dollar has declined by 20 percent. of the leading minority-owned printing Let me give a couple of examples of companies in the country. The SPEAKER pro tempore. Under a drugs people might recognize. One is R.R. Donnelley is a premier, full- previous order of the House, the gen- the drug Nexium, the new purple pill. service global print provider and the tleman from Minnesota (Mr. GUT- At the local pharmacy in Rochester, largest printing company in North KNECHT) is recognized for 5 minutes. Minnesota, a 30-day supply of Nexium, America. It was founded 140 years ago Mr. GUTKNECHT. Mr. Speaker, I rise 20 milligrams, is $145. You can buy that and serves the largest companies in the tonight to talk about an issue that is same package of Nexium at the Metro- world through a comprehensive range not new to this Congress and certainly politan Pharmacy in Frankfurt, Ger- of verifiable printing services and mar- is not new to the American people, and many for $60.25. ket-specific solutions. that is the price that Americans pay Norvasc, 30 tablets, $54.83 in the All Printing and Graphics provides for prescription drugs relative to the United States, $19.31 over in Germany. award-winning graphic design and im- rest of the industrialized world. But here is one that really got our printing services. Under the leadership I started this pilgrimage about 5 or 6 attention: Zocor. In the United States, of Mr. Hoyett Owens, it developed from years ago. Many Members do not know $85.39; in Germany, $23.83. What is in- a small printing company to a multi- how I got involved in this, but the teresting there is we negotiate and get million-dollar business that was se- issue that got me involved was the good deals for Federal employees. The lected by Chicago’s Civic Committee of price of pigs. Because about 51⁄2 years Federal copay right now for Zocor is Inner City Business Development and ago, the price of live hogs in the United $30. In other words, you can buy it the city of Chicago for a unique pro- States collapsed. It dropped from about walking in off the street with a pre- gram connecting strong minority com- $37 per hundred-weight down to about scription in Frankfurt, Germany, panies with large corporations. $7 per hundred-weight. So these farm- cheaper than you can the copay for The relationship between R.R. ers started to call me and say, Can’t Federal employees. Donnelley & Sons Company and All you do something about this, Congress- Mr. Speaker, I just want to serve no- Printing and Graphics, Incorporated, man? And I said, Well, I don’t know tice tonight that this issue is not going can serve as an example of a possible what we can do. They said, At least can to go away, I am not going to go away, solution to the problems facing small you stop all these Canadian pigs from and the people of not only my State businesses. coming across our border making our but people all over the country are There are an estimated 25 million market even more difficult? only demanding we get fair prices. We small businesses in America. They em- So I did what any good Congressman as Americans subsidize the pharma- ploy half of our workers that account would do, I called the Secretary of Ag- ceutical industry in three separate for half of our gross domestic product riculture, I called the Secretary of ways. First of all, we pay for a big and create three out of every four new Commerce, and essentially I got the share of the research. This year we will jobs. Small businesses have and will same answer. And the answer was: spend about 27 billion taxpayer dollars continue to pull the U.S. economy out Well, that’s called NAFTA. That’s to fund basic research and research in of recession. They anchor our neighbor- called free trade. We have open bor- drugs and chemicals and so forth to de- hoods, employ and train our workers, ders. I said, You mean we have open termine what might work. And many and take care of our families. They are borders when it comes to pork bellies of those things are given to the phar- the reason that the United States econ- but not open borders when it comes to maceutical industry, essentially, and omy has consistently been known as Prilosec? And the Secretary of Com- then they patent those drugs. So we do the strongest in the world. merce literally said to me, Well, I subsidize a big part of their research. Despite all of their contributions, guess that’s right. I said, Well, that Second, we subsidize them through they still have many problems and face doesn’t sound right to me. the Tax Code. Literally, they write off many barriers, access to capital, oppor- So I got some charts and started all the costs they have for research. In tunity for new markets. comparing what Americans pay for fact, in some cases they get tax credits, The agreement between R.R. drugs compared to Canada and Europe, research and development tax credits. Donnelley and All Printing and Graph- and I started bringing these charts Finally, we subsidize them through ics is an example of something called down to the floor of the House and the prices we pay. BusinessLINC, where a major business talking about those differences and Now, I believe in patents, and I do links with a smaller business in order saying essentially that if we are going not believe anybody should be stealing to provide not only resources but also to have open markets that our farmers other people’s patents. And I do not be- technical assistance and open markets have to compete with, then the big lieve that we as Americans should es- for the smaller unit. pharmaceutical companies ought to cape paying our fair share for the cost have to compete as well. of these drugs. I think it is fair we pay b 1930 Last year, I had a chart from Ger- our fair share. I think we should sub- And so I commend R.R. Donnelley many, and we have some relationships sidize the people in sub-Saharan Africa, and All Printing and Graphics as an ex- now with some of the pharmacies for example. But I do not think Ameri- ample of how to strengthen and de- around the world, and they give us reg- cans should be forced to continue to velop small business enterprises in this ular prices in terms of what they are subsidize the starving Swiss and the

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starving Germans and the people in the chose tax cuts for the most privileged tion in the CONGRESSIONAL RECORD. The Com- industrialized world. Americans instead of subsistence care mittee adopted Rules on February 2, 2005, It is time Americans have access to for America’s seniors through Med- and amended the Rules on February 9, 2005, world-class drugs at world market icaid. Different priorities reflecting a both in meetings that were open to the public. prices. I hope my colleagues will go to different set of moral values. RULES FOR THE COMMITTEE ON ENERGY AND my Web site at gil.house.gov. We have Medicaid provides health coverage to COMMERCE a site there with great charts and a lot 52 million Americans, including rough- Rule 1. General Provisions. (a) Rules of the of information. If people will just study ly 1.7 million in the home State of my- Committee. The Rules of the House are the this, be objective, I think they will self and the gentlewoman from Ohio rules of the Committee on Energy and Com- come to the same conclusion, that it is (Ms. KAPTUR). It is the only source of merce (hereinafter the ‘‘Committee’’) and its time to open up markets for the phar- coverage for one in four of Ohio’s chil- subcommittees so far as is applicable, except maceutical companies the way our dren. It provides 70 percent of the nurs- that a motion to recess from day to day, and a motion to dispense with the first reading farmers have to compete in a world ing home funding in Ohio, as it does in (in full) of a bill or resolution, if printed cop- marketplace. most States. ies are available, is nondebatable and privi- f The Bush plan cuts $60 billion out of leged in the Committee and its subcommit- Medicaid over the next 10 years. Dif- tees. PRESIDENT’S BUDGET ferent priorities reflecting a different (b) Rules of the Subcommittees. Each sub- The SPEAKER pro tempore. Under a set of moral values. committee of the Committee is part of the previous order of the House, the gen- These cuts mean kicking seniors out Committee and is subject to the authority tleman from Ohio (Mr. BROWN) is rec- of nursing homes. And the President’s and direction of the Committee and to its ognized for 5 minutes. plan, in addition to doing that, shifts rules so far as applicable. Written rules Mr. BROWN of Ohio. Mr. Speaker, adopted by the Committee, not inconsistent tens of billions of dollars in costs to with the Rules of the House, shall be binding last week, President Bush delivered to States like Ohio. He gives a tax break on each subcommittee of the Committee. Congress his proposed Federal budget. to the wealthiest people in the coun- Rule 2. Time and Place of Meetings. (a) In the coming months, Democrats and try, then he shifts costs by cutting Regular Meeting Days. The Committee shall Republicans in Congress will debate spending in Ohio and the other 49 meet on the fourth Tuesday of each month budget proposals largely based on di- States, all of which have to make up at 10 a.m., for the consideration of bills, res- vergent cardinal moral values. We will for that to take care of Medicaid. olutions, and other business, if the House is debate budget cuts that represent more The President cannot eliminate basic in session on that day. If the House is not in than just program scale-backs. The session on that day and the Committee has needs by ignoring them. He cannot not met during such month, the Committee President’s proposed cuts to vital gov- eliminate the need for nursing home shall meet at the earliest practicable oppor- ernment programs are reflective of dif- care by ignoring it or by shifting re- tunity when the House is again in session. ferences in core philosophies on the sponsibility to the States. In the short The chairman of the Committee may, at his role of our government in serving our run, his budget cuts will create vic- discretion, cancel, delay, or defer any meet- people. tims; in the long run, they will force ing required under this section, after con- Budgets are moral documents that the States to spend more. sultation with the ranking minority mem- reveal the fundamental priorities of a And who will have to cover these ber. person, of a household, of a govern- (b) Additional Meetings. The chairman costs? Students will pay as a result of may call and convene, as he considers nec- ment. The President’s ‘‘every man for the Bush tax cuts for the wealthy and essary, additional meetings of the Com- himself’’ budget disregards millions of Medicaid cuts. Students in my State, mittee for the consideration of any bill or Americans and undercuts our Nation’s and every State, will pay through high- resolution pending before the Committee or values. There is no better example of er tuition; homeowners will pay for the conduct of other Committee business. where Democratic and Republican val- through higher property taxes; con- The Committee shall meet for such purposes ues diverge than Medicaid. The Presi- sumers will pay through higher sales pursuant to that call of the chairman. dent claims he only wants to cut pro- taxes; workers will pay through higher ( c) Vice Chairmen; Presiding Member. The grams that are not getting results or chairman shall designate a member of the income taxes, all to make up for the majority party to serve as vice chairman of that duplicate current efforts or that President’s tax cuts for the wealthy in the Committee, and shall designate a major- do not fulfill essential priorities. Washington and cuts in Medicaid to ity member of each subcommittee to serve So which of these is Medicaid? There the States. as vice chairman of each subcommittee. The is no question it is getting results. It Medicaid has always been a partner- vice chairman of the Committee or sub- operates at a lower cost than private ship between Federal and State govern- committee, as the case may be, shall preside health insurance, in spite of what my ments. Cutting the Federal share hurts at any meeting or hearing during the tem- friends on the other side of the aisle our families and our communities and porary absence of the chairman. If the chair- like to say about Medicaid. In fact, pri- man and vice chairman of the Committee or our States and our country. We can subcommittee are not present at any meet- vate health insurance has grown his- give up many things, Mr. Speaker, in ing or hearing, the ranking member of the torically at 12.6 percent a year; Medi- the name of shared sacrifice, but com- majority party who is present shall preside care costs have grown at 7.1 percent a mon sense should not be one of them. at the meeting or hearing. year; and Medicaid has grown at 4.5 The President’s ‘‘every man for him- (d) Open Meetings and Hearings. Except as percent a year. So government-deliv- self’’ budget neglects our communities provided by the Rules of the House, each ered health care through Medicare and and betrays our values as a Nation. meeting of the Committee or any of its sub- committees for the transaction of business, through Medicaid has been signifi- f cantly more efficient than wasteful, including the markup of legislation, and PUBLICATION OF THE RULES OF each hearing, shall be open to the public in- profitable private insurance. cluding to radio, television and still photog- There is no duplication here, because THE COMMITTEE ON ENERGY AND COMMERCE, 109TH CON- raphy coverage, consistent with the provi- Medicaid is the only program of its sions of Rule XI of the Rules of the House. kind. It fulfills an essential priority. It GRESS Rule 3. Agenda. The agenda for each Com- is the sole source of nursing home care The SPEAKER pro tempore. Under a mittee or subcommittee meeting (other than for five million seniors living in pov- previous order of the House, the gen- a hearing), setting out the date, time, place, erty. tleman from Texas (Mr. BARTON) is rec- and all items of business to be considered, The President knows that Medicaid ognized for 5 minutes. shall be provided to each member of the is already running on fumes, but he Committee at least 36 hours in advance of Mr. BARTON of Texas. Mr. Speaker, pursu- such meeting. made a choice. He chose more tax cuts ant to clause 2(a)2 of Rule XI of the Rules of Rule 4. Procedure. (a)(l) Hearings. The for the wealthiest 1 percent of Ameri- the House of Representatives, I hereby submit date, time, place, and subject matter of any cans instead of providing for subsist- the Rules of the Committee on Energy and hearing of the Committee or any of its sub- ence care for America’s seniors. He Commerce for the 109th Congress for publica- committees shall be announced at least one

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00098 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2334 CONGRESSIONAL RECORD—HOUSE February 15, 2005 week in advance of the commencement of mittee or the subcommittee additional ques- voted. A copy of the journal shall be fur- such hearing, unless the Committee or sub- tions for the record, to be answered by the nished to the ranking minority member. committee determines in accordance with witnesses who have appeared. Each member (2) Record Votes. A record vote may be de- clause 2(g)(3) of Rule XI of the Rules of the shall provide a copy of the questions in an manded by one-fifth of the members present House that there is good cause to begin the electronic format to the clerk of the Com- or, in the apparent absence of a quorum, by hearing sooner. mittee no later than ten business days fol- any one member. No demand for a record (2)(A) Meetings. The date, time, place, and lowing a hearing. The Chairman shall trans- vote shall be made or obtained except for the subject matter of any meeting (other than a mit all questions received from members of purpose of procuring a record vote or in the hearing) scheduled on a Tuesday, Wednesday, the Committee or the subcommittee to the apparent absence of a quorum. The result of or Thursday when the House will be in ses- appropriate witness, and include the trans- each record vote in any meeting of the Com- sion, shall be announced at least 36 hours mittal letter and the responses from the wit- mittee shall be made available in the Com- (exclusive of Saturdays, Sundays, and legal nesses in the hearing record. mittee office for inspection by the public, as holidays except when the House is in session (d) Explanation of Subcommittee Action. provided in Rule XI, clause 2(e) of the Rules on such days) in advance of the commence- No bill, recommendation, or other matter re- of the House. (b) Archived Records. The records of the ment of such meeting. ported by a subcommittee shall be consid- Committee at the National Archives and (3) Motions. Pursuant to clause 1(a)(2) of ered by the full Committee unless the text of Records Administration shall be made avail- rule XI of the Rules of the House, privileged the matter reported, together with an expla- motions to recess from day to day, or recess able for public use in accordance with Rule nation, has been available to members of the VII of the Rules of the House. The chairman subject to the call of the Chair (within 24 Committee for at least 36 hours. Such expla- hours), and to dispense with the first reading shall notify the ranking minority member of nation shall include a summary of the major any decision, pursuant to clause 3(b)(3) or (in full) of a bill or resolution if printed cop- provisions of the legislation, an explanation ies are available shall be decided without de- clause 4(b) of the Rule, to withhold a record of the relationship of the matter to present bate. otherwise available, and the matter shall be law, and a summary of the need for the legis- (B) Other Meetings. The date, time, place, presented to the Committee for a determina- and subject matter of a meeting (other than lation. All subcommittee actions shall be re- tion on the written request of any member of a hearing or a meeting to which subpara- ported promptly by the clerk of the Com- the Committee. The chairman shall consult graph (A) applies) shall be announced at mittee to all members of the Committee. with the ranking minority member on any least 72 hours in advance of the commence- (e) Opening Statements. (1) All written communication from the Archivist of the ment of such meeting. opening statements at hearings conducted by United States or the Clerk of the House con- (b)(1) Requirements for Testimony. Each the Committee or any of its subcommittees cerning the disposition of noncurrent records witness who is to appear before the Com- shall be made part of the permanent hearing pursuant to clause 3(b) of the Rule. mittee or a subcommittee shall file with the record. Rule 8. Subcommittees. There shall be clerk of the Committee, at least two working (2) Statements shall be limited to 5 min- such standing subcommittees with such ju- days in advance of his or her appearance, suf- utes each for the chairman and ranking mi- risdiction and size as determined by the ma- ficient copies, as determined by the chair- nority member (or their respective designee) jority party caucus of the Committee. The man of the Committee or a subcommittee, of of the Committee or subcommittee, as appli- jurisdiction, number, and size of the sub- a written statement of his or her proposed cable, and 3 minutes each for all other mem- committees shall be determined by the ma- testimony to provide to members and staff of bers. With the consent of the Committee, jority party caucus prior to the start of the process for establishing subcommittee chair- the Committee or subcommittee, the news prior to the recognition of the first witness manships and assignments. media, and the general public. Each witness for testimony, any Member, when recognized Rule 9. Powers and Duties of Subcommit- shall, to the greatest extent practicable, also for an opening statement, may completely defer his or her opening statement and in- tees. Each subcommittee is authorized to provide a copy of such written testimony in meet, hold hearings, receive testimony, an electronic format prescribed by the chair- stead use those three minutes during the ini- tial round of questioning. mark up legislation, and report to the Com- man. Each witness shall limit his or her oral mittee on all matters referred to it. Sub- presentation to a brief summary of the argu- (3) At any hearing of the full Committee, the chairman may limit opening statements committee chairmen shall set hearing and ment. The chairman of the Committee or of meeting dates only with the approval of the a subcommittee, or the presiding member, for Members (including, at the discretion of the Chairman, the chairman and ranking mi- chairman of the Committee with a view to- may waive the requirements of this para- ward assuring the availability of meeting graph or any part thereof. nority member) to one minute. At any hear- ing conducted by any subcommittee, the rooms and avoiding simultaneous scheduling (2) Additional Requirements for Testi- of Committee and subcommittee meetings or mony. To the greatest extent practicable, chairman of that subcommittee, with the consent of its ranking minority member, hearings whenever possible. the written testimony of each witness ap- Rule 10. Reference of Legislation and Other may reduce the time for statements by mem- pearing in a non-governmental capacity Matters. All legislation and other matters bers or defer statements until the conclusion shall include a curriculum vitae and a disclo- referred to the Committee shall be referred of testimony. sure of the amount and source (by agency to the subcommittee of appropriate jurisdic- Rule 5. Waiver of Agenda, Notice, and Lay- and program) of any federal grant (or sub tion within two weeks of the date of receipt over Requirements. Requirements of rules 3, grant thereof) or contract (or subcontract by the Committee unless action is taken by thereof) received during the current fiscal 4(a)(2), and 4(d) may be waived by a majority the full committee within those two weeks, year or either of the two preceding fiscal of those present and voting (a majority being or by majority vote of the members of the years by the witness or by an entity rep- present) of the Committee or subcommittee, Committee, consideration is to be by the full resented by the witness. as the case may be. Committee. In the case of legislation or (c)(l) Questioning Witnesses. The right to Rule 6. Quorum. Testimony may be taken other matter within the jurisdiction of more interrogate the witnesses before the Com- and evidence received at any hearing at than one subcommittee, the chairman of the mittee or any of its subcommittees shall al- which there are present not fewer than two Committee may, in his discretion, refer the ternate between majority and minority members of the Committee or subcommittee matter simultaneously to two or more sub- members. Each member shall be limited to 5 in question. A majority of the members of committees for concurrent consideration, or minutes in the interrogation of witnesses the Committee shall constitute a quorum for may designate a subcommittee of primary until such time as each member who so de- the purposes of reporting any measure or jurisdiction and also refer the matter to one sires has had an opportunity to question wit- matter, of authorizing a subpoena, or of clos- or more additional subcommittees for con- nesses. No member shall be recognized for a ing a meeting or hearing pursuant to clause sideration in sequence (subject to appro- second period of 5 minutes to interrogate a 2(g) of Rule XI of the Rules of the House (ex- priate time limitations), either on its initial witness until each member of the Committee cept as provided in clause 2(g)(2)(A) and (B)). referral or after the matter has been re- present has been recognized once for that For the purposes of taking any action other ported by the subcommittee of primary ju- purpose. While the Committee or sub- than those specified in the preceding sen- risdiction. Such authority shall include the committee is operating under the 5–minute tence, one-third of the members of the Com- authority to refer such legislation or matter rule for the interrogation of witnesses, the mittee or subcommittee shall constitute a to an ad hoc subcommittee appointed by the chairman shall recognize in order of appear- quorum. chairman, with the approval of the Com- ance members who were not present when Rule 7. Official Committee Records. (a)(1) mittee, from the members of the sub- the meeting was called to order after all Journal. The proceedings of the Committee committee having legislative or oversight members who were present when the meeting shall be recorded in a journal which shall, jurisdiction. was called to order have been recognized in among other things, show those present at Rule 11. Ratio of Subcommittees. The ma- the order of seniority on the Committee or each meeting, and include a record of the jority caucus of the Committee shall deter- subcommittee, as the case may be. vote on any question on which a record vote mine an appropriate ratio of majority to mi- (2) Questions for the Record. Each member is demanded and a description of the amend- nority party members for each sub- may submit to the Chairman of the Com- ment, motion, order, or other proposition committee and the chairman shall negotiate

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00099 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—HOUSE 2335 that ratio with the minority party, provided deemed to have been given if at least one- Comptroller General of the United States that the ratio of party members on each sub- third of the members of the Committee re- pursuant to Title V, Part A of the Energy committee shall be no less favorable to the quest in writing that the Committee for- Policy and Conservation Act (Public Law 94– majority than that of the full Committee, mally act on such a contract, if the request 163), after consultation with the members of nor shall such ratio provide for a majority of is made within 10 days after the latest date the Committee. less than two majority members. on which such chairman or chairmen, and Rule 19. Subpoenas. The Committee, or any Rule 12. Subcommittee Membership. (a) such ranking minority member or members, subcommittee, may authorize and issue a Selection of Subcommittee Members. Prior approve such contract. subpoena under clause 2(m)(2)(A) of Rule XI to any organizational meeting held by the Rule 15. Supervision, Duties of Staff. (a) Committee, the majority and minority cau- Supervision of Majority Staff. The profes- of the House, if authorized by a majority of cuses shall select their respective members sional and clerical staff of the Committee the members of the Committee or sub- of the standing subcommittees. not assigned to the minority shall be under committee (as the case may be) voting, a (b) Ex Officio Members. The chairman and the supervision and direction of the chair- quorum being present. Authorized subpoenas ranking minority member of the Committee man who, in consultation with the chairmen may be issued over the signature of the shall be ex officio members with voting of the subcommittees, shall establish and as- chairman of the Committee or any member privileges of each subcommittee of which sign the duties and responsibilities of such designated by the Committee, and may be they are not assigned as members and may staff members and delegate such authority served by any person designated by such be counted for purposes of establishing a as he determines appropriate. chairman or member. The chairman of the quorum in such subcommittees. (b) Supervision of Minority Staff. The pro- Committee may authorize and issue sub- Rule 13. Managing Legislation on the fessional and clerical staff assigned to the poenas under such clause during any period House Floor. The chairman, in his discre- minority shall be under the supervision and for which the House has adjourned for a pe- tion, shall designate which member shall direction of the minority members of the riod in excess of 3 days when, in the opinion manage legislation reported by the Com- Committee, who may delegate such author- of the chairman, authorization and issuance mittee to the House. ity as they determine appropriate. of the subpoena is necessary to obtain the Rule 14. Committee Professional and Cler- Rule 16. Committee Budget. (a) Prepara- material set forth in the subpoena. The ical Staff Appointments. (a) Delegation of tion of Committee Budget. The chairman of chairman shall report to the members of the Staff. Whenever the chairman of the Com- the Committee, after consultation with the Committee on the authorization and mittee determines that any professional ranking minority member of the Committee issuance of a subpoena during the recess pe- staff member appointed pursuant to the pro- and the chairmen of the subcommittees, riod as soon as practicable but in no event visions of clause 9 of Rule X of the House of shall for the 109th Congress prepare a pre- later than one week after service of such Representatives, who is assigned to such liminary budget for the Committee, with subpoena. chairman and not to the ranking minority such budget including necessary amounts for Rule 20. Travel of Members and Staff. (a) member, by reason of such professional staff professional and clerical staff, travel, inves- Approval of Travel. Consistent with the pri- member’s expertise or qualifications will be tigations, equipment and miscellaneous ex- mary expense resolution and such additional of assistance to one or more subcommittees penses of the Committee and the subcommit- in carrying out their assigned responsibil- tees, and which shall be adequate to fully expense resolutions as may have been ap- ities, he may delegate such member to such discharge the Committee’s responsibilities proved, travel to be reimbursed from funds subcommittees for such purpose. A delega- for legislation and oversight. Such budget set aside for the Committee for any member tion of a member of the professional staff shall be presented by the chairman to the or any staff member shall be paid only upon pursuant to this subsection shall be made majority party caucus of the Committee and the prior authorization of the chairman. after consultation with subcommittee chair- thereafter to the full Committee for its ap- Travel may be authorized by the chairman men and with the approval of the sub- proval. for any member and any staff member in committee chairman or chairmen involved. (b) Approval of the Committee Budget. The connection with the attendance of hearings (b) Minority Professional Staff. Profes- chairman shall take whatever action is nec- conducted by the Committee or any sub- sional staff members appointed pursuant to essary to have the budget as finally approved committee thereof and meetings, con- clause 9 of Rule X of the House of Represent- by the Committee duly authorized by the ferences, and investigations which involve atives, who are assigned to the ranking mi- House. No proposed Committee budget may activities or subject matter under the gen- nority member of the Committee and not to be submitted to the Committee on House Ad- eral jurisdiction of the Committee. Before the chairman of the Committee, shall be as- ministration unless it has been presented to such authorization is given there shall be signed to such Committee business as the and approved by the majority party caucus submitted to the chairman in writing the minority party members of the Committee and thereafter by the full Committee. The following: (1) the purpose of the travel; (2) consider advisable. chairman of the Committee may authorize the dates during which the travel is to be (c) Additional Staff Appointments. In addi- all necessary expenses in accordance with made and the date or dates of the event for tion to the professional staff appointed pur- these rules and within the limits of the Com- which the travel is being made; (3) the loca- suant to clause 9 of Rule X of the House of mittee’s budget as approved by the House. tion of the event for which the travel is to be Representatives, the chairman of the Com- (c) Monthly Expenditures Report. Com- made; and (4) the names of members and mittee shall be entitled to make such ap- mittee members shall be furnished a copy of staff seeking authorization. pointments to the professional and clerical each monthly report, prepared by the chair- (b) Approval of Travel by Minority Mem- staff of the Committee as may be provided man for the Committee on House Adminis- bers and Staff. In the case of travel by mi- within the budget approved for such purposes tration, which shows expenditures made dur- nority party members and minority party by the Committee. Such appointee shall be ing the reporting period and cumulative for professional staff for the purpose set out in assigned to such business of the full Com- the year by the Committee and subcommit- (a), the prior approval, not only of the chair- mittee as the chairman of the Committee tees, anticipated expenditures for the pro- considers advisable. jected Committee program, and detailed in- man but also of the ranking minority mem- (d) Sufficient Staff. The chairman shall en- formation on travel. ber, shall be required. Such prior authoriza- sure that sufficient staff is made available to Rule 17. Broadcasting of Committee Hear- tion shall be given by the chairman only each subcommittee to carry out its respon- ings. Any meeting or hearing that is open to upon the representation by the ranking mi- sibilities under the rules of the Committee. the public may be covered in whole or in part nority member in writing setting forth those (e) Fair Treatment of Minority Members in by radio or television or still photography, items enumerated in (1), (2), (3), and (4) of Appointment of Committee Staff. The chair- subject to the requirements of clause 4 of paragraph (a). man shall ensure that the minority members Rule XI of the Rules of the House. The cov- of the Committee are treated fairly in ap- erage of any hearing or other proceeding of f pointment of Committee staff. the Committee or any subcommittee thereof (f) Contracts for Temporary or Intermit- by television, radio, or still photography ORDER OF BUSINESS tent Services. Any contract for the tem- shall be under the direct supervision of the porary services or intermittent service of in- chairman of the Committee, the sub- Mr. GINGREY. Mr. Speaker, I ask dividual consultants or organizations to committee chairman, or other member of unanimous consent to take my time make studies or advise the Committee or its the Committee presiding at such hearing or subcommittees with respect to any matter other proceeding and may be terminated by out of order. within their jurisdiction shall be deemed to such member in accordance with the Rules of The SPEAKER pro tempore. Is there have been approved by a majority of the the House. objection to the request of the gen- members of the Committee if approved by Rule 18. Comptroller General Audits. The tleman from Georgia? the chairman and ranking minority member chairman of the Committee is authorized to of the Committee. Such approval shall not be request verification examinations by the There was no objection.

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HISTORY AND SIGNIFICANCE OF creased costs to support aging and less woman from Ohio (Ms. KAPTUR) is rec- THE C–130J capable aircraft. ognized for 5 minutes. The SPEAKER pro tempore. Under a Consequently, this proposal to end Ms. KAPTUR. Mr. Speaker, last week previous order of the House, the gen- the C–130J program could end up cost- the President sent his 2006 budget re- ing the American taxpayer more than quest to Congress. Just yesterday, he tleman from Georgia (Mr. GINGREY) is recognized for 5 minutes. the cost of completing the multiyear added to that request for supplemental Mr. GINGREY. Mr. Speaker, as many contract, and it will leave our military funds for fiscal year 2005. His own esti- of my colleagues now know, the C–130J with far less capable planes. mate shows staggering budget deficits Furthermore, not a single study or multiyear procurement contract was to be handed down to the next genera- any analysis of the total effect of ter- canceled in the administration’s recent tion, and to many future generations. minating this program was conducted budget proposal. I want to spend a few In fact, this administration is setting prior to the cancellation decision. And new world records all over the place. minutes speaking about the history that, Mr. Speaker, is troubling. Not only record budget deficits but and the significance of the C–130 Her- also, importantly, record trade deficits. cules program and why we in Congress b 1945 In fact, they have now created a two- need to continue to fund this crucial If left unchecked, this dismantling of headed monster. This administration is airlift program. our aerospace manufacturing base will exporting its bankrupt economic poli- Mr. Speaker, the C–130 aircraft has also come just when subsidized foreign cies around the world through failed been the workhorse of the military’s competitors are jockeying to displace trade policies. Just look at the num- tactical airlift fleet for more than 50 United States manufacturing. Once bers. Never has America had trade defi- years. The versatile Hercules was origi- lost, hard-acquired industrial skills cits over one-half trillion dollars. Last nally designed in the 1950s as an as- will not easily return to our workforce. year, $617 billion, every year going sault transport. Over the years, how- In some cases, they will never come deeper and deeper, sinking deeper into ever, it has been adapted for a variety back. Once the Department of Defense trade deficit with our trade competi- of important missions, including spe- inevitably realizes they cannot con- tors around the world. This is not an tinue to rebuild old planes, their only cial operations, close-air support and issue for Republicans and Democrats. viable option to replace the medium- air interdiction, mid-air space capsule This is going to hit everybody’s wal- range tactical airlift would be to pur- recovery, search and rescue missions, lets, from Wall Street to Main Street. aerial refueling of helicopters, weather chase new aircraft from France. The trade deficit for calendar year Mr. Speaker, it is important that my mapping and reconnaissance, elec- 2004 smashed every record on the colleagues realize that the C–130J is tronic surveillance, firefighting, aerial books. That is right. Over one-half tril- not just designed to replace the older spraying, Arctic-Antarctic ice resupply lion dollars. Now, who are these defi- models. In reality, the J model has rev- and natural disaster missions. It has cits with? Let us start with China. If olutionized the world of tactical airlift. even landed and taken off from a car- you go out to San Diego and Los Ange- In addition to being 15 feet longer, the rier deck without the benefit of arrest- les harbor, you can see ships coming in ing gears or catapults. J is faster, more powerful, more reli- able, easier to maintain, more techno- from Asia as far as the eye can see. Currently, the Hercules primarily Every single year of this Presidency, performs the intra-theater portion of logically advanced and capable of fly- ing higher and farther than ever before. we have seen the red ink from China the Air Force’s tactical airlift mission. get deeper and deeper. In fact, last year This medium-range aircraft is capable Today, both U.S. and Allied C–130Js are performing operational missions in the we were in debt to them, just for last of operating from rough dirt strips and year, over $162 billion. That was up al- is the prime transport for paratroop Middle East in support of our warfighters, as well in support of the most a third from the prior year. The and equipment drops into hostile areas, manufacturing portion of our overall including Iraq and Afghanistan. tsunami relief effort in Southeast Asia. The J is performing superbly and deficit worsened to $465.8 billion, 16 Currently, more than half the fleet of percent more than the record set the combat delivery C–130s is over 30 years testimonials from the pilots using the new planes have been extremely posi- prior year. With every billion dollars, old. Although their longevity is clearly 20,000 more jobs in this country vanish. a testament to the value of these cru- tive. Mr. Speaker, there is a glimmer of The deficit in advanced technology cial aircraft, we should be very con- products, which was supposed to save cerned that the C–130 E and H models hope that the Department of Defense has realized the negative implications us, worsened to $37 billion in 2004, fully continue to age at alarming rates, put- of this decision in the short and long 38 percent worse than the record the ting our tactical airlift capability at term and may be working to reverse year before. One can look in every sec- risk in the near term. tor with almost every major trading In fact, yesterday, the Air Force an- the decision. But we in Congress must continue to do everything in our power nation and America is deep in red ink. nounced that they are grounding much One other dubious record. People of the C–130E models because of severe to ensure America’s ability to trans- port troops and supplies and to perform talk about NAFTA. Here are the fig- fatigue in their wings, including a critical humanitarian missions both ures for Canada for 2003, the highest dozen that have been flying missions in today and in the future. level on record, over $67 billion. And and out of Iraq and Afghanistan. Mr. with Mexico under NAFTA, the budget Speaker, some of these planes were f last year was close to $50 billion, near- used in Vietnam, and we are literally EXCHANGE OF SPECIAL ORDER ly a $110.8 billion deficit in trade with flying their wings off in the Middle TIME those two countries under NAFTA in East. Ms. KAPTUR. Mr. Speaker, I ask 2004. The net result of all of this is the The Air Force has long anticipated unanimous consent to take the time of weakening of our dollar. Even the aging of the older models, which the gentleman from Oregon (Mr. DEFA- Bloomberg says the steady decline in only makes it more remarkable that ZIO). the dollar is likely to resume again. the multiyear contract to replace these The SPEAKER pro tempore. Is there Secretary Snow says the administra- planes has been carved out of the budg- objection to the request of the gentle- tion believes in a strong dollar, but et. woman from Ohio? what is happening does not match his Another astonishing fact is that the There was no objection. rhetoric. Meanwhile, prices go up for Department of Defense will not save f our consumers in everything, including any money. In fact, the perceived sav- petroleum, which is the basis for gaso- ings generated by the proposed cuts BUDGET AND TRADE DEFICITS line, and prices have been going up will unquestionably be consumed by CONTINUE TO RISE there. over $800 million in termination liabil- The SPEAKER pro tempore. Under a Make no mistake, America ends up ity costs and billions of dollars in in- previous order of the House, the gentle- owing somebody else. But, in fact, it is

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Is there I ask myself, in the major sector of youth football team while Selena objection to the request of the gen- deficit, which is oil, when is America coached the cheerleaders for their tleman from California? going to wake up? When are we going daughter. Their three sons are now There was no objection. ages 7 to 11 and their daughter is now to have real leadership here in Wash- f ington for new sources of energy so 5 years old. that these numbers stop heading in a Federico and Cynthia remember Ray WAR FUNDING ACCOUNTABILITY downward direction? Dependence is not as a devoted son and father. Through ACT what America’s founders had in mind. his own example, Ray taught his chil- The SPEAKER pro tempore. Under a They did not envision an America in dren of respect, discipline and service. previous order of the House, the gen- hock to the world. We want an America Two years ago when Cynthia had to tleman from California (Mr. CARDOZA) that is strong and independent, not have surgery, Ray took leave in order is recognized for 5 minutes. saddled with debt and beholden to for- to spend time and take care of her. In Mr. CARDOZA. Mr. Speaker, I rise to eign banks. his spare time he would often take express my support for the War Fund- It is time to tell our President to friends and family on fishing and hunt- ing Accountability Act, a bill that has stop; stop letting our trade partners ing outings. been endorsed by the Blue Dog Coali- walk all over us; stop negotiating trade Growing up in a family with a his- tion, a group of moderate to conserv- deals like CAFTA that hurt our work- tory of military service, Ray enlisted ative Democrats with reputations for ers and give workers in other places no in the Air Force soon after his high being fiscal and defense hawks. The chance to improve their lot when there school graduation in 1994. This year members of the Blue Dog Coalition are are no labor standards and environ- would have been his 11th year serving some of the most pro-defense, pro-mili- mental standards that are enforceable; in the U.S. Air Force. Ray had consid- tary Members of Congress, from either stop trading away America’s economic ered going to college after serving out party. We are dedicated to seeing our his first enlistment contract. However, future. America needs a positive eco- troops achieve success in Iraq and Af- he found the Air Force to be such a re- nomic future that will help create good ghanistan and we applaud the Iraqi warding experience and the people so jobs, new wealth and new opportunity, people for their recent election success. inviting that he decided to re-enlist not the Bush administration’s bank- The War Funding Accountability and serve in the Air Force as a lifelong rupt trade and fiscal policies that send Act, sponsored by the gentleman from career. California (Mr. THOMPSON), is about our jobs overseas, our wealth to banks Ray was well aware of the dangers those troops, the dedicated men and in Beijing and Saudi Arabia, to whom that he would have to endure during women of the United States Armed we now owe interest, and the bill for his time in Iraq. He had to deal with Forces who put their lives on the line all this nonsense to our children and being away from his family and friends. every single day to defend our way of grandchildren. It was especially hard since Ray had to life. f spend Thanksgiving and Christmas Mr. Speaker, I believe, as people apart from his family and his wife and HONORING STAFF SERGEANT RAY across our Nation believe, that we his young children for the first time. RANGEL’S SERVICE AND ULTI- must provide our men and women in To cope with tough times, Ray would MATE SACRIFICE uniform the resources they need to often make jokes to his family while The SPEAKER pro tempore. Under a complete their mission as safely and he was away, saying that he was one of previous order of the House, the gen- securely as possible. Our military has the lucky ones. tleman from Texas (Mr. CUELLAR) is A firefighter based at Dyess Air performed brilliantly, protecting civil- recognized for 5 minutes. Force Base near Abilene, Texas, Ray ians, maintaining order and promoting Mr. CUELLAR. Mr. Speaker, I rise lost his life trying to rescue fellow sol- democracy while facing threats and today to honor the exceptional service diers that had fallen into a canal while guerilla-style attacks every single day. of Staff Sergeant Ray Rangel and the their particular Humvee flipped over. My support for our troops is unwaver- ultimate sacrifice he paid to the coun- Ray’s mother was told that her son was ing, and for that reason I have sup- try. the first to jump in the water to help ported the supplemental requests that Ray Rangel had hopes of returning the soldiers, and his selflessness in this have come before this Congress. How- home this Valentine’s Day. Unfortu- act demonstrates the best a person can ever, the job of Congress is to make nately, a heroic act prevented this be. sure that the money we are spending in from happening. He was part of the Ray Rangel is the first Air Force Iraq is going to the appropriate places, Seventh Civil Engineering Squadron member from South Texas killed in going to our troops to keep our Na- that was ordered to stay in Iraq. At age Iraq. He is also the ninth U.S. service tion’s sons and daughters out of harm’s 29, Ray had been in Iraq since Sep- member from the San Antonio area and way. We must make sure this job gets tember and was proud to be part of Op- the 42nd from South Texas killed in done right and gets done as soon as hu- eration Iraqi Freedom. support of Operation Iraqi Freedom. manly possible. Staff Sergeant Ray Rangel’s ultimate Ray’s parents remember that despite So until all of our troops are with- sacrifice for his country devastated his criticism leveled at President Bush drawn from Iraq, we need an accurate parents, Federico and Priscilla Rangel. over the U.S. occupation of Iraq, Ran- accounting method of where the money He was their only son and he acknowl- gel did not want his family to be bitter is being spent so that we can make edged to them that if anything ever if he got hurt or killed. He would often sure our soldiers are adequately happened to him while he was overseas, remind his family that he loved his equipped and prepared. Accountability to remember that he was doing what he country and he wanted to serve the is not only patriotic, it is often deter- loved to do and, that is, helping people. best that he could. mining of success or failure. If our A San Antonio native, Ray had at- Mr. Speaker, I am privileged to have troops do not have proper equipment, tended South San Antonio High School had this time to honor Staff Sergeant such as vehicles without armor plating, and was a defensive back on the high Ray Rangel, a true hero that exempli- rather than them scrounging for scrap school football team. He was well liked fies the noblest qualities of the human metal for do-it-yourself armor plating, by all who met him. His sense of humor spirit. we as Members of Congress can and

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00102 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2338 CONGRESSIONAL RECORD—HOUSE February 15, 2005 should do something about it by re- You will remember 2 weeks ago during cuts that are going to hurt children. directing the money. his State of the Union address, Presi- And yet the President has no problem The Department of Defense has re- dent Bush spent the majority of that cutting those programs while at the ceived $201 billion to date for the war speech talking about his Social Secu- same time continuing his policy of pro- on terrorism. While they have provided rity privatization plan and the contin- viding large tax breaks to the wealthi- an allocation of some of these funds, ued war in Iraq. Supposedly these were est Americans. they have not given Congress a full ac- his priorities for the upcoming year. Now, these are certainly not my val- counting. The White House has an- And yet the President did not include ues; I would hope that they were not nounced today that it will request $81 the additional $80 billion needed to the President’s values. But certainly billion more for these operations in its fund the Iraq war or the trillions that the budget says the opposite. The fiscal year 2005 wartime supplemental, will be needed over the next decade to President also proposes huge cuts in including $75 billion for the DOD. In fund his costly Social Security privat- the Medicaid program. Now, this pro- addition, the Congressional Budget Of- ization proposal in his budget. gram serves nearly 930,000 children, fice has estimated that the costs for Mr. Speaker, it is impossible for the seniors and people with disabilities in the war could approach $500 billion be- President to reverse our Nation’s fiscal my State of New Jersey. tween this year and the year 2015. collapse if he continues to send incom- It is estimated that the $60 billion in There have been reports of wasteful plete budgets to Capitol Hill. The cuts that the President is proposing spending. One private contractor, for President can say that he is going to will cut one-fourth of the Medicaid example, overcharged DOD by $61 mil- cut the Federal deficit in half in sev- money sent to my State over the next lion to import gasoline into Iraq from eral years; but the fact is, that cannot decade. And, Mr. Speaker, New Jersey Kuwait where the government agency happen if the President does not send and other States simply cannot pick up provided the same service for less than us an honest budget. this slack. We have a budget shortfall one-third the price. If Social Security and the war in Iraq in New Jersey; we cannot pick up the are the President’s priorities, then he Medicaid slack. b 2000 should have no problem placing them At a time when 45 million Americans The same contractor reportedly in his budget and explaining to the are without health care, the President charged taxpayers $10,000 a day for un- American people why these billions of shows absolutely no compassion for the authorized and unnecessary expenses dollars must be used in Iraq and on his uninsured by proposing these dev- at the Kuwait Hilton, even though the Social Security privatization plan. astating health care cuts. The President also refused to follow same people could have stayed in air- Mr. Speaker, President Bush also through with his promise during last conditioned tents like those used by said this budget represents a vision of week’s State of the Union address, or I our troops for less than $600 per day. his values. Now, if that is the case, one should say a couple of weeks ago, when The entire justification for having pri- really has to question the President’s he said he would do everything possible vate companies is that contractors can dedication to one of government’s main to help our soldiers and veterans re- supposedly save the taxpayers money, rules, helping those less fortunate. not cost the taxpayers dollars. cover. Once again, the President’s budget Well, if you look at the budget, there With the War Accountability Act we helps provide the blueprint for Repub- is a pitiful half a percent, that is half have an opportunity to regain the over- licans to help the wealthiest in our Na- a percent increase in veterans affairs sight voice that has been lost for too tion become even wealthier. That is to funding. Now, that is a slap in the face long. the detriment of middle-class and to the millions of men and women who Congress should not give up its over- lower-income Americans who greatly have fought for our country. Congress sight powers, Mr. Speaker, the power of benefit from many of the programs the should not neglect these brave Ameri- the purse. And it should not write the President now wants to cut or elimi- cans and should instead reject the Defense Department a blank check. nate, and for what, more tax breaks President’s budget proposal when it The President needs to be held ac- that primarily benefit our Nation’s comes to veterans. countable for where our money is wealthiest 1 percent? Mr. Speaker, finally I just want to going. This is a responsibility that we The President’s budget shows his say, the President’s budget values and have to the men and women serving in lack of compassion for programs that priorities are, in my opinion, not in the combat, to their parents, and to all benefit my State of New Jersey, our best interests of America. It is time American taxpayers who are footing middle- and lower-income families in that congressional Republicans stand the bill to ensure that the billions of particular. By drastically cutting hous- up to this President and let him know dollars in supplemental funds are going ing, education, community policing en- that his priorities are not the priorities to be spent in the most effective and ef- vironmental protection and Medicaid of their constituents, and I know they ficient way possible. programs, the President is turning his are not. I hope all of my colleagues will stand back on middle- and lower-income fam- I hope Congress will reject the Presi- with the Blue Dog Coalition and start ilies in my State of New Jersey. dent’s budget proposal in the upcoming to support the War Funding Account- President Bush’s budget makes sub- months in favor of one that truly takes ability Act, an act for America. stantial cuts in important education the needs of working families into con- f proposals that are important to my sideration. I think this is a very impor- State. The budget provides only half of tant issue; and I cannot stress enough, PRESIDENT BUSH’S FISCAL YEAR the funding promised for after-school 2006 BUDGET and I speak on behalf of my follow programs. Democrats, in saying that the Bush The SPEAKER pro tempore (Mr. CON- In New Jersey, these cuts will mean budget simply cannot be allowed to AWAY). Under a previous order of the nearly 33,000 New Jersey children will stand. House, the gentleman from New Jersey no longer have access to critical after- f (Mr. PALLONE) is recognized for 5 min- school programs. The President’s budg- utes. et also cuts 440 million in Safe and PUBLICATION OF THE RULES OF Mr. PALLONE. Mr. Speaker, when Drug Free School grants, 500 million in THE COMMITTEE ON GOVERN- President Bush submitted his budget to education technology State grants, 325 MENT REFORM, 109TH CONGRESS Congress last week, he said it rep- million for the Even Start Literacy The SPEAKER pro tempore. Under a resented his values and his priorities. If program, and 280 million for the Up- previous order of the House, the gen- that is indeed the case we really should ward Bound program for inner-city tleman from Virginia (Mr. TOM DAVIS) question both. youth. is recognized for 5 minutes. One really has to wonder if this budg- Now, this may sound like a lot of bu- Mr. TOM DAVIS of Virginia. Mr. Speaker, et document represents his priorities. reaucracy, but these are real education pursuant to clause 2(a)2 of Rule XI of the

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If hearings have been held on (iii) Subcommittee on Government Man- the matter reported upon, every reasonable agement, Finance, and Accountability—All publication in the CONGRESSIONAL RECORD. effort shall be made to have such hearings matters relating to financial management of These rules were adopted by voice vote on available to the members of the sub- executive departments and agencies, exclud- February 9, 2005 at an open meeting of the committee or full committee before the con- ing acquisition; all matters relating to gov- Committee. sideration of the proposed report in such sub- ernmental accounting measures; all matters THE RULES OF THE COMMITTEE ON committee or full committee. Every inves- relating to the overall efficiency and man- GOVERNMENT REFORM tigative report shall be approved by a major- agement of government operations including program assessment and review and exclud- RULE 1. APPLICATION OF RULES ity vote of the committee at a meeting at which a quorum is present. ing Federal property; all matters relating to Except where the terms ‘‘full committee’’ Supplemental, minority, or additional public records, including presidential and ‘‘subcommittee’’ are specifically referred views may be filed following House Rule XI, records, the public access to records, advi- to, the following rules shall apply to the clause 2(1) and Rule XIII, clause 3(a)(1). The sory committees, and the Archives; and all Committee on Government Reform and its time allowed for filing such views shall be 3 matters relating to the oversight of financial subcommittees as well as to the respective calendar days, beginning on the day of no- services, government-sponsored enterprises, chairmen. tice, but excluding Saturdays, Sundays, and and the nation’s economic growth. RULE 2. MEETINGS legal holidays (unless the House is in session (iv) Subcommittee on and Regulatory Af- The regular meetings of the full committee on such a day), unless the committee agrees fairs—All matters relating to regulatory re- shall be held on the second Tuesday of each to a different time, but agreement on a form, Congressional review, the costs of reg- month at 10 a.m., when the House is in ses- shorter time shall require the concurrence of ulation, and paperwork reduction measures; sion. The chairman is authorized to dispense each member seeking to file such views. and all matters relating to the oversight of with a regular meeting or to change the date An investigative or oversight report may tax policy. thereof, and to call and convene additional be filed after sine die adjournment of the last (v) Subcommittee on Federalism and the meetings, when circumstances warrant. A regular session of Congress, provided that if Census—All matters relating to inter-gov- special meeting of the committee may be re- a member gives timely notice of intention to ernmental relations and aid to the States quested by members of the committee fol- file supplemental, minority or additional and localities, including unfunded mandates, lowing the provisions of House Rule XI, views, that member shall be entitled to not grant management reform, brownfields clause 2(c)(2). Subcommittees shall meet at less than 7 calendar days in which to submit clean-up and redevelopment, and infrastruc- the call of the subcommittee chairmen. such views for inclusion with the report. ture; all matters relating to population and Every member of the committee or the ap- Only those reports approved by a majority demography generally, including the Census, propriate subcommittee, unless prevented by vote of the committee may be ordered print- and the Bureau of Economic Analysis. All unusual circumstances, shall be provided ed, unless otherwise required by the Rules of matters relating to the oversight of housing with a memorandum at least 3 calendar days the House of Representatives. and urban development. (vi) Subcommittee on Energy and Re- before each meeting or hearing explaining (1) RULE 5. PROXY VOTES the purpose of the meeting or hearing; and sources—All matters related to the oversight In accordance with the Rules of the House of environmental policy, natural resources, (2) the names, titles, background and reasons of Representatives, members may not vote for appearance of any witnesses. The ranking and federal land; and all matters related to by proxy on any measure or matter before the oversight of energy policy, commerce, minority member shall be responsible for the committee or any subcommittee. providing the same information on witnesses housing, and urban development. whom the minority may request. RULE 6. RECORD VOTES (vii) Subcommittee on the Federal Work- force and Agency Organization—All matters RULE 3. QUORUMS A record vote of the members may be had upon the request of any member upon ap- relating to the federal civil service, includ- (a) A majority of the members of the com- proval of a one-fifth vote of the members ing personnel, compensation, employment mittee shall form a quorum, except that two present. benefits and employee relations; all matters members shall constitute a quorum for tak- relating to reorganizations of the executive RULE 7. RECORD OF COMMITTEE ACTIONS ing testimony and receiving evidence, and branch including the study of redundancy; one-third of the members shall form a The committee staff shall maintain in the and all matters relating to the oversight of quorum for taking any action other than the committee offices a complete record of com- workforce, retirement, and health policy. reporting of a measure or recommendation. mittee actions from the current Congress in- (b) The full committee shall retain juris- If the chairman is not present at any meet- cluding a record of the roll call votes taken diction over federal acquisition policy, fed- ing of the committee or subcommittee, the at committee business meetings. The origi- eral property, information management, ranking member of the majority party on nal records, or true copies thereof, as appro- technology policy, the Postal Service, and the committee or subcommittee who is priate, shall be available for public inspec- the District of Columbia. present shall preside at that meeting. tion whenever the committee offices are (c) Bills, resolutions, and other matters (b) The Chairman of the committee may, open for public business. The staff shall as- shall be expeditiously referred by the Chair- at the request of a subcommittee chairman, sure that such original records are preserved man to subcommittees for consideration or make a temporary assignment of any mem- with no unauthorized alteration, additions, investigation in accordance with their fixed ber of the committee to such subcommittee or defacement. jurisdictions. Where the subject matter of for the purpose of constituting a quorum at RULE 8. SUBCOMMITTEES; REFERRALS the referral involves the jurisdiction of more and participating in any public hearing by (a) There shall be seven standing sub- than one subcommittee or does not fall with- such subcommittee to be held outside of committees with appropriate party ratios. in any previously assigned jurisdiction, the Washington, DC. Members appointed to such The Chairman shall assign members to sub- chairman shall refer the matter as he may temporary positions shall not be voting committees. Minority party assignments deem advisable. Bills, resolutions, and other members. The Chairman shall give reason- shall be made only with the concurrence of matters referred to subcommittees may be able notice of such temporary assignment to the Ranking Minority Member. The sub- reassigned by the Chairman when, in his the ranking members of the committee and committees shall have the following fixed ju- judgment, the subcommittee is not able to subcommittee. risdictions: complete its work or cannot reach agree- RULE 4. COMMITTEE REPORTS (i) Subcommittee on National Security, ment therein. In a subcommittee having an Bills and resolutions approved by the com- Emerging Threats, and International Rela- even number of members, if there is a tie mittee shall be reported by the chairman fol- tions—All matters relating to the oversight vote with all members voting on any meas- lowing House Rule XIII, clauses 2 and 4. of national security, emerging threats, vet- ure, the measure shall be placed on the agen- A proposed report shall not be considered erans affairs, homeland security, and inter- da for full committee consideration as if it in subcommittee or full committee unless national relations, including anti-terrorism had been ordered reported by the sub- the proposed report has been available to the efforts, both foreign and domestic, and inter- committee without recommendation. This members of such subcommittee or full com- national trade. provision shall not preclude further action mittee for at least 3 calendar days (excluding (ii) Subcommittee on Criminal Justice, on the measure by the subcommittee. Saturdays, Sundays, and legal holidays, un- Drug Policy and Human Resources—All mat- RULE 9. EX OFFICIO MEMBERS less the House is in session on such days) be- ters relating to the criminal justice system, The chairman and the ranking minority fore consideration of such proposed report in the Nation’s counter-narcotics programs, member of the committee shall be ex officio subcommittee or full committee. Any report both foreign and domestic, and food and drug members of all subcommittees. They are au- will be considered as read if available to the safety; all matters relating to the oversight thorized to vote on subcommittee matters; members at least 24 hours before consider- of the Judiciary, public health and welfare, but, unless they are regular members of the

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STAFF the rights of a Member (other than a Member (e) Prepare, after consultation with sub- committee chairmen and the minority, a Except as otherwise provided by House designated under paragraph (b)) to question budget for the committee, which shall in- Rule X, clauses 6, 7 and 9, the chairman of a witness for 5 minutes in accordance with clude an adequate budget for the subcommit- the full committee shall have the authority paragraph (a) after the questioning per- tees to discharge their responsibilities; to hire and discharge employees of the pro- mitted under paragraph (b) or (c). In any ex- (f) Make any necessary technical and con- fessional and clerical staff of the full com- tended questioning permitted under para- forming changes to legislation reported by mittee and of subcommittees. graph (b) or (c), the chairman shall deter- mine how to allocate the time permitted for the committee upon unanimous consent; and RULE 11. STAFF DIRECTION extended questioning by majority members (g) Designate a vice chairman from the Except as otherwise provided by House or majority committee staff and the ranking majority party. Rule X, clauses 6, 7 and 9, the staff of the minority member shall determine how to al- (h) The Chairman is directed to offer a mo- committee shall be subject to the direction locate the time permitted for extended ques- tion under clause 1 of Rule XXII of the Rules of the chairman of the full committee and tioning by minority members or minority of the House whenever the Chairman con- shall perform such duties as he may assign. committee staff. The chairman or the rank- siders it appropriate. RULE 12. HEARING DATES AND WITNESSES ing minority member, as applicable, may al- RULE 19. SUBJECTS OF STAMPS (a) Each subcommittee of the Committee locate the time for any extended questioning The committee has adopted the policy that is authorized to meet, hold hearings, receive permitted to staff under paragraph (c) to the determination of the subject matter of testimony, mark up legislation, and report members. commemorative stamps and new semi-postal to the full Committee on any measure or RULE 15. INVESTIGATIVE HEARING PROCEDURES issues is properly for consideration by the matter referred to it. Investigative hearings shall be conducted Postmaster General and that the committee (b) No subcommittee of the Committee according to the procedures in House Rule will not give consideration to legislative pro- may meet or hold a hearing at the same time XI, clause 2(k). All questions put to wit- posals specifying the subject matter of com- as a meeting or hearing of the Committee. nesses before the committee shall be rel- memorative stamps and new semi-postal (c) The chairman of each subcommittee evant to the subject matter before the com- issues. It is suggested that recommendations shall set hearing and meeting dates only mittee for consideration, and the chairman for the subject matter of stamps be sub- with the approval of the Chairman with a shall rule on the relevance of any questions mitted to the Postmaster General. view toward assuring the availability of put to the witnesses. RULE 20. PANELS AND TASK FORCES meeting rooms and avoiding simultaneous RULE 16. STENOGRAPHIC RECORD scheduling of Committee and subcommittee (a) The chairman of the committee is au- meetings or hearings. A stenographic record of all testimony thorized to appoint panels or task forces to (d) Each subcommittee chairman shall no- shall be kept of public hearings and shall be carry out the duties and functions of the tify the Chairman of any hearing plans at made available on such conditions as the committee. least two weeks before the date of com- chairman may prescribe. (b) The chairman and ranking minority member of the committee may serve as ex- mencement of hearings, including the date, RULE 17. AUDIO AND VISUAL COVERAGE OF officio members of each panel or task force. place, subject matter, and the names of wit- COMMITTEE PROCEEDINGS (c) The chairman of any panel or task force nesses, willing and unwilling, who would be (a) An open meeting or hearing of the com- called to testify, including, to the extent he shall be appointed by the chairman of the mittee or a subcommittee may be covered, in committee. The ranking minority member is advised thereof, witnesses whom the mi- whole or in part, by television broadcast, nority members may request. shall select a ranking minority member for radio broadcast, Internet broadcast, and still each panel or task force. (e) Witnesses appearing before the com- photography, unless closed subject to the mittee shall so far as practicable, submit (d) The House and committee rules appli- provisions of House Rule XI, clause 2(g). Any cable to subcommittee meetings, hearings, written statements at least 24 hours before such coverage shall conform with the provi- their appearance and, when appearing in a recommendations and reports shall apply to sions of House Rule XI, clause 4. the meetings, hearings, recommendations non governmental capacity, provide a cur- (b) Use of the Committee Broadcast Sys- riculum vitae and a listing of any Federal and reports of panels and task forces. tem shall be fair and nonpartisan, and in ac- (e) No panel or task force so appointed Government grants and contracts received in cordance with House Rule XI, clause 4(b), shall continue in existence for more than six the previous fiscal year. and all other applicable rules of the House of months. A panel or task force so appointed RULE 13. OPEN MEETINGS Representatives and the Committee on Gov- may, upon the expiration of six months, be Meetings for the transaction of business ernment Reform. Members of the committee reappointed by the chairman. shall have prompt access to a copy of cov- and hearings of the committee shall be open f to the public or closed in accordance with erage by the Committee Broadcast System, Rule XI of the House of Representatives. to the extent that such coverage is main- THE LIFE AND TIMES OF THE RULE 14. FIVE-MINUTE RULE tained. HONORABLE SHIRLEY CHISOLM (c) Personnel providing coverage of an (a) A committee member may question a open meeting or hearing of the committee or The SPEAKER pro tempore. Under a witness only when recognized by the chair- a subcommittee by Internet broadcast, other previous order of the House, the gentle- man for that purpose. In accordance with than through the Committee Broadcast Sys- woman from Florida (Ms. CORRINE House Rule XI, clause 2(j)(2), each committee tem, shall be currently accredited to the BROWN) is recognized for 5 minutes. member may request up to five minutes to Radio and Television Correspondents’ Gal- question a witness until each member who so Ms. CORRINE BROWN of Florida. Mr. leries. desires has had such opportunity. Until all Speaker, on behalf of the constituents of the such requests have been satisfied, the chair- RULE 18. ADDITIONAL DUTIES AND AUTHORITIES Third Congressional District of Florida, I am man shall, so far as practicable, recognize al- OF CHAIRMAN honored to share my thoughts with you about ternately based on seniority of those major- The chairman of the full committee shall: this amazing lady. ity and minority members present at the (a) Make available to other committees Upon her passing, let’s pause to reflect time the hearing was called to order and oth- the findings and recommendations resulting upon her life and times, and how she has in- from the investigations of the committee or ers based on their arrival at the hearing. fluenced our world today. During her hard After that, additional time may be extended its subcommittees as required by House Rule at the direction of the chairman. X, clause 4(c)(2); fought rise to the halls of Congress and her (b) The chairman, with the concurrence of (b) Direct such review and studies on the permanent place in the history of our Nation; the ranking minority member, or the com- impact or probable impact of tax policies af- she was on time to fight for truth, justice, hu- mittee by motion, may permit an equal num- fecting subjects within the committee’s ju- manity, and the rights of the have-nots; she ber of majority and minority members to risdiction as required by House Rule X, was where she needed to be to raise the con- question a witness for a specified, total pe- clause 2(c); sciousness of a nation, and shed light on the riod that is equal for each side and not (c) Submit to the Committee on the Budg- plight of others. longer than thirty minutes for each side. et views and estimates required by House (c) The chairman, with the concurrence of Rule X, clause 4(f), and to file reports with She led a battle that was personal, one that the ranking minority member, or the com- the House as required by the Congressional was rooted deep in the soul of the oppressed, mittee by motion, may permit committee Budget Act; the forgotten and the disenfranchised. Hers staff of the majority and minority to ques- (d) Authorize and issue subpoenas as pro- was a fight to make this Nation live up to its tion a witness for a specified, total period vided in House Rule XI, clause 2(m), in the promise—liberty and equality for all. This great

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00105 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—HOUSE 2341 battle was more than just politics—it was a day to supply the necessary resources come here and represent them, there is fight to garner the hopes of the few and infuse for their family to have a better oppor- nothing better than having a vigorous, them with the dreams of the many. This was tunity than what they have had; all the honest debate about an issue that faces the struggle for the humanity of human kind; way to the grandparents that, of the whole country and do it in a way the reminder that the prize was always in course, their hope and prayer is to that is not personal. I am sure the view, yet denied by those who sought to keep make sure that their grandchildren and President in many ways thinks that his their dreams squandered. their children are able to provide for plan is the best plan, and we in many As a founding Member of the Congressional future generations. ways think it is not and in the long Black Caucus, Shirley Chisholm was a driving And so this brings us to Social Secu- term it will end up hurting many of force behind the Caucus’ mission to serve as rity, and in the 30-something Hour I these 48 million people, the 48 million the ‘Conscience of the Congress,’ and the am so glad to be here once again with people that this program lifts out of fight to include women, children, and people of the gentleman from Ohio (Mr. RYAN), poverty. color in the public policy debate that so deeply whom I admire quite a bit, who serves I would like to take this opportunity affects their own lives. It is from her example with me on the Committee on Armed tonight here in Congress to talk a lit- and spirit that we continue to fight for the Services. tle bit about the situation that the ideals that she held so close. I just want to briefly say, as it re- country is in right now. I do not think Shirley Chisholm joins the ranks of count- lates to Social Security, when people we can have this Social Security de- less other civil rights leaders to whom we owe think of Social Security they think of bate in a vacuum, just saying here is our strength. Today, we bless and honor her silver and blue hair. That is not nec- the little program and it has no effect by keeping her struggle, and our struggle, essarily what Social Security is all on anything else that is going on alive. I will miss her dearly, and both she and about. There are millions of Ameri- around it. So we have some charts here her family will always remain in my thoughts cans, I must add, that count on that that many of our colleagues have been and prayers. Social Security promise that they were using, and I think they are going to be very important to impress upon the f made in their years of working and providing for this great country of American people exactly where we are SAVING SOCIAL SECURITY ours. And I must say that there are 48 fiscally in the United States of Amer- The SPEAKER pro tempore. Under million people that are receiving bene- ica. So I have this chart here that the Speaker’s announced policy of Jan- fits, and they are not all over the age talks about the deficit that we are in, uary 4, 2005, the gentleman from Flor- of 60, and they are not over the age of and then we will get into the plan ida (Mr. MEEK) is recognized for 60 min- 55. They go all the way down into the later, and we will discuss the different utes as the designee of the minority younger years, and 17 percent of our approaches. leader. young people are benefactors of sur- Mr. MEEK of Florida. Mr. Speaker, Mr. MEEK of Florida. Mr. Speaker, vivor benefits of Social Security. reclaiming my time, what plan? once again it is an honor to be before Mr. RYAN of Ohio. The blueprint. Also, when we look at it, there are 33 Mr. MEEK of Florida. Mr. Speaker, I the House of Representatives to speak million retirees that are receiving So- directly to our colleagues. I think it is mean, we need to make sure the Amer- cial Security, and we also have seniors ican people understand there is no important for us to remember that in that are looking at an average of $955 plan. There is no plan. We said last this democracy of ours it is important from their Social Security benefits week that I have not received a bound that we share good information and ac- every month. copy from the President’s office or curate information on the issues that So when we talk about Social Secu- from the majority about a plan on So- are being debated here in this Chamber rity, we are talking about the real cial Security. There is no plan. So we and in the capital city, and I think it backbone, the real backbone of what need to make sure that people under- is also important for us to remember we do and what we are all about here in stand. I mean, people can talk concepts that many Americans counts on us to the U.S. Congress in providing the and philosophy all day; but it is impor- represent them in a way that is an hon- leadership to make sure that it is sol- tant that once we start talking about a orable way, a way that will give them vent. We do know that it will be sol- plan, then we can have a true debate, good information so when they stand vent for another 47 years, and we even especially if it is a plan from both sides in time of judgment on who their lead- know that after that period, 80 percent of the aisle, Democrats and Repub- ership will be here in Washington, D.C., of the benefits that are being paid out licans. that they can make a sound decision. now will still be able to be paid out. So And the last time we dealt with this, There have been a lot of things that the fact that there is a three-alarm fire Mr. Speaker, before our time here in have been going on in the last couple of on Social Security, that is not nec- the Congress, Democrats were in con- weeks. We have heard reference by essarily the case. trol and worked with Ronald Reagan, other Members on both sides of the But to the gentleman from Ohio (Mr. God bless his soul, in coming up and aisle to the President’s budget and also RYAN), it is just such a pleasure. I was saving Social Security. And it was a to the President’s State of the Union, really looking forward to this. Last true crisis then. They had to act right but we also have a great deal of respon- week when we left, I just could not then. They did not have an opportunity sibility to the American people to wait until Tuesday night when we to play around and dance around a tree make sure that we represent this could get back in this Chamber again and do the old Potomac two-step with branch of the government, which is the and share very good information with the American people. They made it legislative branch. our colleagues and hopefully continue happen and they made it solvent, and This is our 30-something Hour that to stay in the fight to make sure that that is the reason why beneficiaries, has been designated by the gentle- Social Security is here not only now young and old, are able to celebrate woman from California (Ms. PELOSI), but also for future generations. that here today. But right now I just Democratic leader. This is now going Mr. RYAN of Ohio. Mr. Speaker, will want to make sure that people under- on our third year of putting voice to the gentleman yield? stand, because I had an opportunity to many of the issues that are not only Mr. MEEK of Florida. I yield to the check the different reports that are facing young people in America but gentleman from Ohio. around. We get the Congressional Daily also facing their parents and their Mr. RYAN of Ohio. Mr. Speaker, I a.m. and the p.m. and the Congres- grandparents. We try to make the di- thank the gentleman from Florida for sional Quarterly, and there are a lot of rect connection between those that are yielding to me, and I would like to say publications that are around. trying to help themselves, that go to how much I enjoy this as well. work every day, go to school every day, And those of us who ran for these po- b 2015 to those parents that know what it sitions and had to ask 700,000 American I can tell you that with administra- means to punch in and punch out every citizens to give us their blessing to tion, this is not about the President;

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00106 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2342 CONGRESSIONAL RECORD—HOUSE February 15, 2005 this is about a philosophy that is on throughout his career, since the time The President’s proposal, what little the majority side to privatize Social he ran for Congress in the seventies, he of it we have about the private ac- Security. That is what it is all about. has been advocating these kinds of counts, the gentleman and I, should we It started back in 1978 with the Presi- plans, where the private accounts go. choose to access one of these private dent. In 2000 he said he was very ada- Somehow, through a lot of fuzzy accounts, would take a part of the mant about wanting to privatize Social machinations, he figures out a way to money, a percentage of the money we Security. Then in 2001 the President say that will somehow shore up the put into Social Security, the 6.2 per- appointed a commission to develop a system. cent we put in, and we will divert that privatization plan for him. Then in De- What I want to do is basically paint over into a side account, which leaves cember of 2001 the commission gave the the picture of where we are now, be- a gaping hole for our parents and President three options to privatize So- cause you cannot say we are going to grandparents in the Social Security cial Security. In December 2001. Si- implement this ‘‘option two’’ of the system. lence. Nothing. commission’s plan or the blueprint So we have to borrow, if we do the The President, you would have that the President has insinuated or private accounts, which the President thought he would run to the Hill with indicated portions of. But we know he has said he wants, $1.4 trillion, with a the bill. Still nothing. Still no plan is for the private accounts, and many ‘‘t,’’ $1.4 trillion over the next 10 years. produced. In 2004, running for reelec- on the other side are for the private ac- Because everyone has thrown their tion, the President again said he was counts as well. But we cannot just do money in these side accounts, we have adamant about private accounts and a it. to plug that hole. solution for Social Security. Then days My point is this: Here is a graph of So we do not have, as evidenced from after the 2004 election he said he has the annual deficit that we have in the this chart here, we do not have the the ‘‘political capital’’ to come to the United States of America as of 2004. money, because we are already bor- Hill and make it happen. Still no plan. Now, the debt is the overall deficits all rowing $400 billion. If we were in sur- I just think it is important for us to added up over time. We just raised the plus we would be having a different de- share this with folks. debt ceiling last year, I think it is over bate right now, but we are not. We are Then the budget that was just sub- $8 trillion. Or the majority did. They borrowing $400 billion now. Then we mitted that we are all talking about, raised the debt ceiling to $8 trillion. are saying over the next 10 years you Democrats and Republicans, because But here is what is basically hap- have to borrow another $1.4 trillion, there are a lot of good things in there, pening. and over the next 20 years we have to it is all about our principles and our Here in 1989, we had a deficit in 1989 borrow $5 trillion to pay for private ac- values here in this Chamber; what we of about $153 billion for that year. It counts. We cannot afford to do that. We can- believe is important to the American continued to slide. You remember not afford to borrow $5 trillion. And if people. Still no mention, still no plan, President Bush-1 said ‘‘Read my lips, one thinks we are going to be able to still no numbers on his privatization no new taxes,’’ and then he ended up run this scheme and our taxes are not plan for Social Security. putting some taxes on and cut some going to go up, then you are missing There are now a number of press ac- spending and put some caps on some the point. You are not being respon- counts saying there may very well be programs. sible to what the facts are. Then, in 1993, we still had in 1992 a no plan for this year. So when we start What happens is as the government is $290 billion annual deficit. All these with the President flying around burn- going out and borrowing money in the ing all kinds of Federal jet fuel, tax- numbers are adding up to create our international market from China, payers’ money, talking about his phi- national debt. there is less money for the private sec- Then the Democratic House, Demo- losophy, Social Security is such a deep tor to go and get, which will raise in- cratic Senate and President Clinton in issue from young to old that we cannot terest rates for average citizens who walk around and start talking about, 1993 passed the budget, and it was after want to buy a house or a car. ‘‘well, we think’’ and ‘‘we believe,’’ be- that budget that we started to begin to That is kind of the background of cause the Congress, I hope, will not go reduce the deficit. Then we had all the where we are right now. for it. economic growth, 22 million new jobs Mr. MEEK of Florida. Mr. Speaker, So I just want to make sure. I know because of the balanced budget, low in- reclaiming my time, this is just so very the gentleman is leading up to that. In terest rates, and we all remember what important to the American people, and some instances they say, ‘‘Let’s put the it was like in the nineties, until we got also Members of Congress. I put a great cookie on the bottom shelf so everyone to a $236 billion surplus. deal of responsibility on Members of can reach it and understand that there To make a long story short, since Congress. is no plan.’’ So when folks start talk- 2000–2001 with the decline, now here we I do not take great pleasure, even ing about Democrats, saying ‘‘Where is are with over a $400 billion deficit for though I am honored to serve in this your plan,’’ there is not a plan out 2004; red ink as far as the eye can see. institution of the U.S. Congress, elect- there now. So right now we have to borrow over ed by my constituents, representing Our plan is to make sure we pay for $400 billion from the Social Security not only my district but the State of every dollar we spend or someone may Trust Fund, the Chinese and Japanese Florida, but we are U.S. Members of borrow to make the deficit greater, to primarily, the same China that is this great House. be able to pay it back. It is not a Fed- cleaning our clock in manufacturing. I must say that we have to make sure eral emergency right now to protect So we are borrowing this money from that we frame this correctly, that we Social Security. the Chinese. are in the minority. The Democrats are So I think it is important. I think Now, the President’s plan, and let me in the minority in the House and have this chart is good. I apologize, but this just show real quick, that is the def- been during the time of that great dive is something I wanted to say. icit, this is the debt, which is all the that we see on that chart that the gen- Mr. RYAN of Ohio. Mr. Speaker, if deficits added up. In 2004, the Repub- tleman just illustrated to the Members the gentleman will yield further, I ap- lican House, Senate, and President of the House. preciate the gentleman’s passion on Bush raised the debt ceiling to $8 tril- We have a great deal of responsi- the issue, and I think he is absolutely lion, and the projection by the Con- bility. We are serving in the House, in right. There is not a plan. gressional Budget Office is by 2014 the the legislative branch, that is over- Basically what we are talking about debt will be $13.6 trillion. That is a seeing, or watching, I should say, the and what the President last hinted for heck of a debt to have as a Nation, largest deficit in the history of the Re- sure is he wants private accounts. He very unhealthy for our economy. So public. Not once before was it like this. has made that perfectly clear. He has right now we are borrowing over $400 This is the largest deficit in the his- made it clear that privatization, billion. tory of the Republic.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00107 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—HOUSE 2343 Can the gentleman put the chart there was a Democrat in the White essarily get this page. There is a page back up on ‘‘backsliding into the def- House, guess what? Democrats could 3 to the 3-page document or 2-page doc- icit ditch?’’ I think this is important, not pass a plan by themselves without uments that you received. It slowly because I think that nose-dive, you can Republican input. Because do you moved up to $400 billion. That is a lot see in the blue you have President know something? When Mrs. Johnson of money, $400 billion. Bush-1. You have the green, Bill Clin- goes to that mailbox counting on that Then sure enough after the debate, ton and the Democratic House and Social Security check to be there, and we returned back here after the cam- other body that did what it took when when that 21-year-old young man or paign and the signs went down, and the going was tough to say that we young woman that has a benefit from then someone lo and behold said, you wanted to bring about surpluses. their father, who worked his entire life know, the true cost, the really true I will tell you in this House, I believe and was cheated on his job because the cost of the prescription drug plan that there were only five or six Republicans pension plan was raided and Social Se- was put forth by the administration, it that joined the Democratic majority in curity was the only thing there, his started off at $350 billion. This is real passing that budget that took us into a only financial legacy is that benefit to money. This is not chump change. It surplus. One of the main themes was his child in Social Security. You can- started off at $350 billion. The true cost making sure that we could provide and not play around with that. is $530 billion. It stops there. What are keep the Social Security Trust Fund in You cannot be a Democrat or Repub- we going to hear in another couple good shape. We made the tough deci- lican or an independent when it comes months? $700 billion? sions. Back when President Reagan and down to that. You have to be an Amer- Like my mother used to say, money this House, Democratic House, I must ican, and you have to come clean with does not grow on trees. The gentleman add, at that time, did what it took to the American people. just mentioned China. I am not upset make sure that Social Security was There is one other thing the gen- with China for making an investment there for those that are receiving tleman mentioned that I think is very, in our country; but, you know some- checks now and benefits now from So- very important and that we definitely thing, I have a problem if they ask to cial Security, even survivors, they did need to highlight and illuminate as cash in, because we will be in trouble. what they had to do. much as we can. What we tell the They are backed by U.S. bonds and Guess what? Two-thirds of the Demo- American people is important, and I what-have-you; but we are going to go crats in this House voted in the affirm- will say to the Members that are through some real financial issues, and ative to make the right decision to watching us now, I am not going to go we are now. make sure that the guarantee we told back to ancient-time double-digit So when we talk about Social Secu- the American people we would provide, years. I did not have to run over to the rity, I know the reason why, I am that we did. I am proud of those Mem- Library of Congress to look this up. sorry. I stopped at $530 billion. I am bers and individuals that made that This was just within the last 12 sorry. The true cost, since this con- vote. months. tinues to go up, this is the fourth num- Mr. RYAN of Ohio. Mr. Speaker, if During the Medicare debate that ber that has now come in, is $724 bil- the gentleman will yield further, those took place right here on this floor, lion. It is continuing to inch up. of us in this business and those at where the clock was held until 4 a.m. So what we are hearing now may well home obviously interested in this kind in the morning, arms were being twist- be the message that we are being told of debate and what is going on in your ed, Members were trying to make the by the majority in this House and by community and country, looking back right decision but were not allowed to, the administration over on Pennsyl- and having all the anger and personal I must say here on this side of the vania Avenue right down the street issues that we have today here in aisle, Democrats stood firm, because from this Capitol building, what we Washington, D.C. and in our State cap- the Medicare prescription drug plan want to hear, telling people over 55 itals, politics has gotten so bitter and was important to those that put it on they do not have anything to worry so personal, can you imagine President the line for this country and allowed about. Do not worry. You can go to Reagan and Tip O’Neil strolling out you and me to have an America that sleep. It is those folks 50 and below saying, ‘‘We did it. We sucked it up for we can be part of and represent. that may have some concerns as it re- the American people and did what was lates to privatization accounts and cut- b 2030 best; and part of it was your idea and ting benefits. part was our idea; and part was con- During the Medicare debate, the But, you know something, this is servative and part liberal. But we made other side, the majority side, the Re- America and we should not and we will it work for the American people, for publican side, said that the true costs not as far as we are Members here, and the people who this program lifts out of the Medicare prescription drug plan, I stand firmly with our Democratic of poverty and the 48 million people what the administration said and the leader, the gentlewoman from Cali- that get it.’’ majority embraced, that the bill would fornia (Ms. PELOSI), and not budging Mr. MEEK of Florida. Mr. Speaker, only cost $350 billion. I remember that and saying we are not playing reclaiming my time, I am saying all of just as clear as my daughter going to generational warfare. One thing about that to say we have to work together. school for the first day. I can remem- grandparents I can tell you, I have You cannot come to the Hill with a ber that number because it was a num- learned a lot about them and I have plan and say ‘‘It is our plan; and, guess ber that was highly suspect because children and all, they will turn on you what, if you do not like it, so what?’’ there was just no way in the world that when it comes down to those kids. But This is Social Security. The cam- you can satisfy pharmaceutical compa- they will not turn on the financial fu- paign is over. For folks who did not get nies and provide a benefit to the Amer- ture of their grandchildren and chil- the news flash, our colleagues, the ican people. dren’s retirement. They will not. And campaign is over. The signs are down, Now, that is what makes me very this administration and the majority is the commercials are no longer on tele- concerned about this Social Security going to be up for a rude awakening vision, and it is important that we ac- plan or, I’m sorry, not plan, but con- when it comes to judgment time in 2006 tually work towards what the Amer- cept, that folks are talking about if they continue to play around with ican people would like for us to work around here on the majority side, say- the Social Security and the security of towards: bipartisanship. ing that there is a 3-alarm fire. American families and their retire- I will tell the gentleman what is also We were originally told $350 billion. ment. important in this debate: If there was a Then it slowly moved up after someone So I do not think that we are wasting Democratic majority here in this got fired in one of the budget offices our time, not a bit, by coming to the House and a Democratic majority in and said, well, I do not know. This fell floor on a 30-something Working Group the other body across the hall and behind the copier. We did not nec- to say not only are we speaking and

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00108 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2344 CONGRESSIONAL RECORD—HOUSE February 15, 2005 giving some voice that people care Like I said, I have kids and I watch double-digit years, 10 years or so, set about, and I know the gentleman has grandma. They push me aside and say, the agenda, set what comes to the some e-mails that he will read later on. I am on their side, and say, we are floor, talks about what legislation will This is serious business. against you; and they spoil them and move and what legislation will not One other thing. I flew back to my then they say, now you take them move. It sets the agenda on what district. When you go back to your dis- home. But as it relates to the financial amendments will come to the floor. It trict and you see your constituents and viability of the bloodline of the family, sets who the committee chairpersons they say, please do not allow the Con- grandparents and even parents, they do will be. It sets pretty much when we gress or the administration to cut my not say, I have mine, get yours, son. I come to Washington and when we do benefits I worked for for my entire life. am 56; you are 30. Good luck. They do not come to Washington. And if the We have watched veterans go through not say, well, I have all my benefits, majority said, there is no session this it. We have watched the copayments go but I do not know about yours. week of the House, then there will be up for veterans. Guess what? At the VA And guess what, I want to make sure no session of the House. they do not ask you your party affili- that people understand because some- So I must make sure that we remind ation. They just tell you that your co- times, yes, the campaign is over; but in our colleagues of the power that they payment has gone up and that your our democracy, there will be other have, the power we have to make the wait time has gone up to see the oph- elections. And people need to take into right decision or the American people thalmologist or whomever you may account that sometimes, not from will make it for them. So those are want to see at the VA. what you receive in the mail, not the true American values that the gen- But when you come down to 48 mil- phone call which you receive, not tleman has outlined. lion Americans that what they were someone coming to tell you where you Mr. RYAN of Ohio. Mr. Speaker, I told and promised what would be at the should stand on a particular candidate thank the gentleman. Just to follow end of the rainbow as it relates to their because he is our guy or our gal. It is up, the number of people, Social Secu- hard work over the years and that peo- what that individual has done or what rity beneficiaries, 15 million of the 48 ple who have died, have passed on, gone that individual will do as an elected million recipients, 30 percent receive on to heaven, knowing that their chil- Member of this Congress as it relates disability or survivor benefits. We all dren will receive their death benefits, to what is happening in my family eco- grew up with kids in our schools that we cannot break that deal. And we can- nomically. one of their parents got killed or one of not sit idly by and watch them broken. I have to make sure that my daugh- their parents had cancer and passed I want to commend here in this ter, if someone is receiving benefits away at a very early age. Those kids, House and in the other body and those now and they are called to glory, they our friends, received benefits from the that are willing to leader up enough to have to make sure that their daughter Social Security system. This is a social tell their constituents, I am not on this is going to be able to receive their ben- insurance program. This is not the philosophy that the administration, efits; and Social Security is pretty mega-millions lottery system, the majority side, is on in this House of much all they have. It is the guar- multistate lottery system. This is a so- saying that there is a 3-alarm fire. Now antee. It is not the Enron plan. It is cial safety net, and you do not play we have to privatize Social Security not some of these companies that are that will bring $940 billion-plus to Wall games with this kind of system. going belly up and then you see folks You do what you did and what we did Street. I am with the American fami- crying on television saying, I paid in in 1983: in a bipartisan fashion sit down lies. Mr. RYAN of Ohio. Mr. Speaker, I for years and years on that pension like adults and fix the problem and not could not agree with the gentleman plan. So it is important that people un- try to destroy the system. I mean, I am more, and I think he spoke on behalf of derstand. not the sharpest knife in the drawer, a lot of us. I have two stacks of letters I just want to say it kind of hits but when I went through all these and about this high over in my office from home here in the Congress today; two we had a briefing today from people. seniors. We have got 2,400 as of last of our colleagues said that they went Mr. MEEK of Florida. The gentleman week, and I have not got the update to school on the survivor benefits. The is sharper than he thinks. yet this week, but 2,400 letters from gentleman from North Dakota (Mr. Mr. RYAN of Ohio. I spoke with some seniors in my district saying that they POMEROY) and the gentleman from Mis- people today who study this and under- are against this proposal. They do not sissippi (Mr. THOMPSON), who is the stand this system, and after hearing all want their benefits cut, and one phone ranking member on the Select Com- the facts and after studying this for call that says, support the President mittee on Homeland Security. They the past few months of what the Presi- and the President’s private accounts. talked about growing up where they dent’s proposal is or what little of it But what has been amazing is on sev- lived and if it was not for Social Secu- that we know about, we need to make eral of the letters of those 2,400 that rity, they would not have been edu- sure that we save this system and pro- have come in, the senior citizens will cated. And there are stories like that tect this system. That is really what write a little note on there, and just throughout America. We talked about we need to do. typical of our grandparents’ genera- a few of those last week, and we will What an honor it is for us to be tion, they say, I am not worried about continue to talk about those stories. joined here by a great friend, great ath- my benefits, but please fight to make We are here to say if we want to lete, great baseball player on the con- sure that my grandkids will have So- make sure that Social Security is sol- gressional Democratic baseball team, cial Security when they get older. vent beyond the 47 years, it is going to the gentleman from New York (Mr. Now, is that not typical of that gen- be able to provide 100 percent benefits WEINER). eration, of the Greatest Generation that it is providing now, then let us Mr. WEINER. Mr. Speaker, I appre- who made sacrifice after sacrifice after have bipartisanship. ciate the opportunity to speak tonight. sacrifice until this day to not worry The gentleman from New York (Mr. I consider myself an honorary member about Social Security for them but RANGEL), the ranking member, said of the 30-something Group now that I worried about it for their grand- this past week on one of the Sunday have passed 40. I am here strictly as a children? shows that Social Security screams of visitor. But I was taken by some of the Mr. MEEK of Florida. Mr. Speaker, I bipartisanship and that it demands bi- discussion that was going on here on will tell the gentleman, those are the partisan input, and that is what we the floor, and I want to make one phil- kinds of values that we talk about as it have to have. It cannot be Democrats osophical point and one economic point relates to our communities and our against Republicans or Republicans to essentially affirm some of the things neighborhoods and our families. That against Democrats because, guess that the gentlemen were saying. is what it is all about. Those are true what, the majority in this House right First of all, there is a great deal of American family values. now as it stands and as it has been for discussion inherent in the President’s

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00109 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—HOUSE 2345 debates that seeks to drive a wedge be- mortgage is going to be higher. If you I want to thank the gentleman from tween two generations. The beauty of think this only matters to you, you are Ohio (Mr. RYAN) because he has been the Social Security program is it was a 30 years from retiring or getting a So- out here many times talking about classic generational compact. One gen- cial Security check today, you are this. People have been sending e-mails eration supports the other. And the completely wrong. and saying we get it. That is where President when he embarked on his If we keep going on this path, what fundamentally the President has to un- campaign across the country kept say- we are going to be doing is essentially derstand. This is not a matter of going ing, well, seniors, you do not need to competing with ourselves for interest, out and doing a campaign swing like worry about this. We are not touching and it is going to wind up costing aver- you mentioned. This is a matter that your benefits. This is entirely about age Americans hundreds and hundred fundamentally people understand it is the next generations. of dollars each month on their dollars. our obligation, both in the Social Secu- If we have one good thing going for us b 2045 rity system and fundamentally to our in the last couple of years, it is low in- children, that we do not continue exac- This is the first time in my memory, terest rates. If it were not for low in- erbating that problem. and we, the three of us, have not been terest rates driving demand for homes Mr. MEEK of Florida. Mr. Speaker, if around as long as some other Members and cars, this economy would be in a the gentleman has an issue of concern, of this august body, that you did not worse rut than it has been in the last I just want to say that it is important hear the President seeking to unify the several years, and we are putting that that the American people understand country around an agenda. You heard at risk, and that is why deficits mat- that Social Security is not a program him trying to divide the country to ter. for the poor. Social Security is a pro- perpetuate an agenda, and I think that Deficits matter for another reason. gram for everyone in America. It does most Americans realize, whether they Those of us in this House, and I think not matter if you started off with a be younger or older, that at the end of the three of us are in this crowd, who small business, a hammer and two the day the Social Security program are true conservatives when it comes nails, and you became the largest busi- has worked exactly as it was intended to money, we look at the idea of being ness in your community. If you are since the moment it was passed. a conservative person is to say, look, I paying in your contributions to Social Sometimes you build up large sur- derive certain debts, I rack up certain Security, you are going to receive a pluses and you spend them down as the debts, whether I borrow money or I benefit from it. next generation retires. Sometimes spend freely, it is my obligation to be What is important is that people un- you have gifts, sometimes you have responsible for those things. Anyone derstand that this is not, and when we ebbs and flows, and there has been in- who sits in this Chamber, who cam- say Social Security program, I want to herent in this debate a certain sense of paigns as a fiscal conservative, who make sure people understand, this is it is about me now, rather than the supports the continuation of that chart for everyone. This is also dealing with idea that we are going to be there for that is to your right is simply not a survivors, and so many of them are the next generation the same way they conservative. You cannot legitimately helping themselves through the con- were there for us. make that claim. tribution of their parents, and many of If I could just make an economic I believe that in the years that you them are no longer with us. So this is point based on the charts that you refer to when Tip O’Neill and Ronald the only real legacy that they have, fi- have been showing, some people say Reagan got together and did things, nancial legacy, to be able to move on and even some economists say, well, frankly sometimes did a half-a-loaf their aspirations. deficits really do not matter. There are thing that neither side was completely One thing that I must say that we a lot of people in this matter who are happy about, the one thing they did are saying on this side of the aisle, and in the deficits-do-not-matter school. have was this intellectual consistency I think the majority needs to take Well, that may have been true in the about saying if we are going to spend some responsibility for this, too, you 1940s and 1950s and 1960s because, frank- it, we are going to pay for it; if we are mentioned how can you say you are ly, there was no place else on Earth for going to augment the Department of conservative, meanwhile you are see- someone to invest their money except Defense, we are going to do the best we ing a nose-dive there at 450 with a ‘‘t’’ in U.S. dollars. If you ran up a big def- can to pay for it. trillion, to 425 trillion, I mean down, icit, it did not matter. It is not going We even reached a moment in this nose-dive. How in the world can you to stop someone from coming in here House when our deficits were at the say that you are a conservative? Now and saying, well, if you are the Chi- paltry amount of $250- or $260 billion, when we look at it, we know that. nese, as my colleague so aptly put, if where we said we are going to pass laws Our colleagues, some that put it on we are the Saudis or Egyptians, if we to restrict ourselves. The Gramm-Rud- the line literally for us to go up to the want to put our money someplace safe, man-Hollings Act said you cannot 236, it was a price to pay. we have to buy Treasury bills and in- spend a single dime unless you pay as Mr. RYAN of Ohio. Mr. Speaker, if vest in the economy, we have no other you go. A lot of people said it was real- the gentleman will yield, I am sorry to choice. What choice do we have? There ly bad because it hurt some programs interrupt. I just want to make this is no other economy in the world that more than others, but at least it was point. can sustain it. an acknowledgment in this House, an As we run these deficits, as the gen- Well, for the first time the Euro has acknowledgment that the government tleman from New York just stated, it is now become a reserve currency of the has, at the end of the day, to be respon- not free. We are borrowing, money and world that is competing with us. So sible for the deficit. we have got to pay interest on it. The what does this mean to the average Today, the philosophy is entirely dif- interest payments and the money that New Yorker, the average person who ferent. Today, it is not our problem, we have got to pay on our debt be- lives in Ohio or Florida? which brings us back to the original comes a greater portion of the budget What it means is that we, the Fed- problem, that we have now started to that we have every year here, and that eral Government, are going to have to say it is all about us, it is all about is less money that we have for Pell compete with Europe in terms of who this moment in time, not thinking at grants, that we have for investing in is going to have the higher interest all about the next generation, not the health and education and general rate. What does that mean? That thinking at all about the past genera- welfare of our society in order to lift means that not only are T-bills going tion. That is why deficits matter. That more people up, to create taxpayers. to be higher, your interest rates on our is why the President’s plan matters to Mr. WEINER. Mr. Speaker, if the credit cards is going to be higher. Your wherever you are on the demographic gentleman would yield, it is national interest on your bank loans is going to scale, this is an issue that matters to defense and it is antiterrorism pro- be higher. Your interest rate on your all Americans. grams. It is all of the things that all of

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It is essentially for- imum benefit for you, which sounds some issues that still unify a country eign aid is what it really is because so good. that is 50–50, and Social Security is one much of these payments are going So here is a guy who, instead of pay- of them. overseas because so much of our debt is ing into the Social Security system, is The endearing beauty of the Social held by overseas entities, but we do not paying into the private accounts, and Security system is that across demo- get anything for that. then when the private account goes graphic lines, across political lines in You cannot go back to your district belly up, the government will come all parts of this country, just about and say now we have 20 percent of the back in again for the second time and every American has a story within budget is going to just make these pay- bail them out with a guaranteed ben- their family about how the Social Se- ments. efit. There are so many risky propo- curity has worked for them. Now, some Let us not forget something. The So- sitions here. of our colleagues on the other side of cial Security program is not supposed Mr. MEEK of Florida. Once again, the aisle are famous for standing up in to be a profit retirement plan. The there is no plan. It is almost like say- March against something and then President is absolutely right. If we in- ing I want to build a house but we do meekly, no pun intended, in June, vot- vested since 1935 every dollar in the not have a blueprint, but we are going ing for it. We saw that with the Med- stock market, we would have a lot to build it and we are going to build it icaid bill. more money in the trust fund for sure. on philosophy and we are going to But at the end of the day, if we get a The problem is the line would not go build it on what we may put out as sufficient number of calls or e-mails to like this. It would go like this. guiding principles. [email protected], we The program was intended to be fun- I do not know if you heard us a little are going to have the ability to say, damentally an antipoverty program, a earlier, but at the top of this hour we you know what, this is pure politics safety net program. It is a program talked about the majority side are say- now. And if we let that voice go out that is there for everyone, and also, the ing, well, you are saying that we need there that this is not going to be idea you are getting out a lot more to do something about Social Security, touched, we will eventually win enough of them. And we will do this the old- than when you put in. The President but where is your plan? The same fashioned way. says that it is a sign that the program thing, where is their plan? I mean, the There will be a core on the other side is broken. No. That is the way it was President came into this Chamber created because we assume that from of the aisle that says we are unpre- there at that podium and said there pared. Now, admittedly, their ances- generation to generation, just as your was a state of emergency, urgency, generation did for us, we would be cre- tors in the Republican Party did not about dealing with Social Security. cast a single vote for this in 1935 ei- ating a stronger economy with more This is not the Weiner-Ryan-Meek re- ther, so I am not so sure that they have coming into the Social Security pro- port saying that Social Security will the ownership that we do of it. And we gram. be solvent for years. They made the He said there are so many fewer chil- are proud this is a Democratic legacy tough decisions back when Reagan and program, but it is also one that has dren supporting the parents. Yeah, but Tip O’Neill was running this House, helped millions and millions and mil- we are making a lot more. Thank good- this House and even the leadership in lions of Republican families in subur- ness that economic growth continues the other body. So it is important that ban areas and rural areas and every- growing which is even more prepos- we come clean with the American peo- where else. terous, that when the budget actuaries ple. So the die has not been cast. This is concluded we are going to start going If we can, I know that we have some ultimately going to be up to the people broke in the year 2042, they based it on e-mails that some folks sent to us, but of the United States of America. And a presumption that for the first time we have to make sure that we are ask- they are going to see, just like they got we are going to have a 20-year-period ing that the American people and also sold a pig in a poke with the Medicare where we start going in the other di- that Members of Congress are even bill, we are not going to let that hap- rection. Some optimistic projection. asking some of the tough questions of pen with this as well. I keep hearing about the President the administration. Mr. Speaker, I yield to the gentleman being the ultimate optimist. Well, not I want to commend especially some from Ohio. if you believe the Social Security actu- of our colleagues on the other side that Mr. RYAN of Ohio. Mr. Speaker, I aries. have said I am not comfortable with thank the gentleman. The more cyn- So the idea that somehow we get this guiding principle thing; I am not ical side of me, and being a 30-some- some value by doing this, I defy my comfortable with the fact that people thing I should not be cynical just yet, colleagues on the other side of the aisle may lose benefits or will lose benefits but that side of me says that this that if you want to pay for homeland under these private accounts. whole thing may be a big side show. security, which I do, if you want to pay While we are having this debate here b 2100 for national defense, which I do, and if and we are all focused on Social Secu- you want to pay for farm subsidies, as And I do not believe that I can sup- rity, we have a budget coming up here many of you do, we do not actually port it. that is ugly. We have a budget that is have farms in Brooklyn, but then you Now, I hope that their back is strong, coming up here that is going to slash cannot do any of those things if you because I can tell those on the major- food stamps and Medicaid and increase are paying that much in interest. ity side that that is the same debate the Pell grant by $100 a year for 5 years Mr. RYAN of Ohio. Mr. Speaker, the we had with the Medicare vote. The when tuition costs have doubled. other point is, as my colleague so aptly gentleman from New York was here on To those listening at home, I think put this, the up, down and the ebb and the floor. He saw that debate. We all we need to keep our eye on a couple of flow of the stock market. Some of the have constituents, and now we are up these issues here. Social Security is plans that are being offered from the to 740-something billion dollars, start- definitely one of them, but I think it is other side say no matter what your ing from 350. very important we understand there is savings account or your private ac- Mr. WEINER. Mr. Speaker, I tell my this other game going on here with the count, where it is, if it is down at the colleagues that the ultimate decider of budget and how dangerous that may be bottom, you rode the wave and then this issue is not going to be the three for the long-term consequences of the you started losing money, like if you of us. The ultimate decider will be the country.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00111 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—HOUSE 2347 Mr. Speaker, I yield to the gentleman and step in and try to help, that is one smart in investing in your 401(k), we from Florida. less person on our team. should be smart about legislating. Mr. MEEK of Florida. Mr. Speaker, I One last one here, Mr. Speaker, from Mr. MEEK of Florida. Mr. Speaker, I want my colleague from Ohio to get to Karan who says she watched the ‘30– thank my colleagues for their time and those e-mails. I want to make sure we Something Dems’ last week and related for being allowed to address the Amer- talk about if someone starts in a com- to a lot of the topics: taxes, deficits, ican people. pany with a hammer and two nails, and veterans, and said ‘‘after watching last f then works for that company, not own week’s talk, I feel more at home with IRAQ WATCH that company, but that paid into So- the Democrats and would love to know cial Security, and maybe became the more about how to become involved.’’ The SPEAKER pro tempore (Mr. CON- foreman or forewoman or whatever it So we are getting people engaged in AWAY). Under the Speaker’s announced may be, the supervisor, that that indi- the process. policy of January 4, 2005, the gen- vidual is counting on one thing. They Mr. WEINER. And let me just reit- tleman from Ohio (Mr. RYAN) is recog- may not be able to count on the com- erate, Mr. Speaker, and perhaps I have nized for 60 minutes. Mr. RYAN of Ohio. Mr. Speaker, we pany pension plan, but they can count a less cynical perspective than my col- are moving swiftly into the Iraq Watch on Social Security being there for league does. time, and many other Members will be them. Democrat, Republican, Inde- I think something good is coming out down here shortly to talk about a cou- pendent, Green Party, what have you, of this in that our generation is re- ple of different issues, one would be the it is there. And that is what it is in- membering again that there was a time issue of Iraq that has been going on for tended for. in this country, in the early to mid- 1930s, where we had a poverty rate some time in a working group here. If my colleague from Ohio could, so Congress has been talking about this among seniors that was approaching 40 we can let some of the folks know that issue over and over and trying to bring percent; that we had just come through our e-mails, of course we cannot bring some awareness and some clarity to the tremors of the Great Depression in the reams of paper and e-mails, and many of the people of this country who that had left, frankly, our economy in I am not being funny, I am just saying are very concerned with what is going a shambles, and there were certain that I want to commend those that on in Iraq. I would also like to, since things we did that made fundamental have e-mailed in and voiced their opin- we claimed the time here, I would also ions. sense that have endured throughout like to talk a little bit about the vet- Mr. RYAN of Ohio. Mr. Speaker, just time. erans and a little bit about what is People sometimes do not understand to remind everyone of the e-mail real going on here with the budget. quick: [email protected]. what the Social Security is and what it As we just talked about, and as the gov. Send us your thoughts on this. is supposed to be. But if we can start to gentleman from New York articulated We have a couple here: one from a animate a discussion in this country and the gentleman from Florida articu- Harvey Johnson from Baltimore, who among people of all generations about lated as well, there is some real pres- says the ‘‘issue of privatization of So- why this is important and why we sure being put on the budget here in cial Security hits home with my mom, should not be so sanguine about the the United States Congress, and I did the age of 81, recently widowed, now idea that we are paying for a lot of this mention it towards the end. One of the lives on a total income of $1,000 a by borrowing out of Social Security programs that is going to take a real month from just Social Security. When today. If the President was so con- beating here in the 2005 budget is going you factor in the cost of much-needed cerned about how solid the Social Se- to be the issue of veterans. medicine, bare essentials such as rent, curity would be, one thing he could do Now, the President has made a for- utilities, and food, I still supplement is stop borrowing from that trust fund mal request of this body for another $80 her income nearly 50 percent just to today. billion to help fund the Iraq war, and make minimal ends meet. The thought So I think, frankly, having this dis- this will take the grand total over $300 of a drastic reduction in her benefit cussion is going to turn out to be very billion that we will spend on the Iraq would force us to make even further salutary if we prevail. If we do not pre- war. And that is just today. That is up tough decisions, including possibly the vail, and if the President is successful to this point. This $80 billion may get loss of some of her independence if she in pulling hundreds of millions of dol- us through the year, but some analysts were to need to move again. Frankly, lars out of the Social Security system, say it may not. We are going to be over the more I hear of the President’s pro- we are quite literally, our generation, $300 billion in what we have spent in posals, the more upset I get.’’ will be the one to live to regret it first. Iraq. That is from Harvey. Every other generation since the 1930s, Now, there is nobody in this Chamber Earl watched on C–SPAN last week. our parents and grandparents, have who will not support the troops, who He wanted us to make sure to mention benefited from this program, and we need our support. Many of us have ar- that the ‘‘current system also provides are the ones that will wind up having gued, and I was on the Committee on disability and survivor benefits.’’ to fix it. Veterans’ Affairs in the last Congress, Earl, we did talk about that. We took Mr. Speaker, so much of what we do many of us argued vehemently that we note of your e-mail here, and we did around here, unfortunately, is going to need to fully fund veterans health care make sure we mentioned that here to- be left to others; my colleague’s young in the United States of America. If we night. ‘‘If a younger worker becomes child is going to be left to clean up the are going to continue to say there are disabled for any reason, he or she mess being created by the 107th, 108th other priorities in the budget, or that a would be guaranteed a disability ben- Congress; and it is very important that certain amount of people who make a efit, including benefits to their depend- we keep doing this. certain amount of money, a lot of ents.’’ It is also important that people con- money, the Bill Gateses of the world, That is the thing. We are borrowing tinue to send their e-mails to should somehow get a tax cut and that the money from China, and we have to [email protected], be- we should do it on the backs of the vet- compete with this great rising power in cause for every letter that we get, erans of the United States of America, the world. And if we do not have every there is evidence that there are 100 or and tell them their copay is going to go person on the field playing for us, we 200 that we are not actually receiving. from $2 to $7, $7 to $15; that their an- are at a disadvantage. This is also an One final point on this: for those of a nual fees are going to be increased up economic argument, not even about generation who are not yet ready to to $250 if they are a category seven or compassion. Although some of us may get Social Security, this is an eco- eight veteran, then this is an issue that feel that way, this is an economic argu- nomic issue for you today, but it is I think as much as Social Security at- ment. If one of your parents dies pre- also an economic issue for you tomor- tacks some of the fundamental con- maturely and society does not come in row. Just the same way you would be cepts and promises of this country.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00112 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2348 CONGRESSIONAL RECORD—HOUSE February 15, 2005 Is there anything more despicable We talk about silver and blue hair and God bless them, they want to do than to go out and tell a veteran who once again, but there are a number of and they are doing the right thing that has left a limb somewhere across the veterans that were in the first Gulf they are being told to do. But we just world that somehow he is not going to War, in Korea, even some in Grenada, had the Iraqi elections. New elections be able to get the kind of benefits he definitely in Vietnam and World War are going to be coming up in December. was promised? That is what is hap- II, and other conflicts that we have Hopefully the Iraqis will be ready or pening with the irresponsibility of the been involved in over the years; and it close to being ready for taking respon- budgeteering that is going on in the is important they receive the care they sibility for their country and for the United States Congress today. need not only at our veterans hospitals security of their country. We showed the deficits: $450 billion. but also because these veterans were Mr. RYAN of Ohio. Just as we are We are out borrowing money, paying told when they signed up and they talking about this and all the sacrifices interest on it, and eating up a bigger went into harm’s way on behalf of this that are being made over there and all share of the budget in years to come. country, on the philosophy of our lead- the questions that are coming up and And we are not challenging the top 1 ership and this Congress, that we would what is going on, before I yield to the percent, or people making $1 million a provide those kind of benefits. gentleman from Ohio, there are a cou- year or more to somehow pay their fair That is the reason why in the Presi- ple of statistics that I think we need to share, to say they do not have to on dent’s budget, as we heard in the last share with the American people about the backs of the veterans. hour where we said how can we talk the investment in our veterans, be- And no one can squirm out of this about Social Security and not talk cause we have to focus on the ones that are coming back and new veterans that one. This is one you just cannot get about the budget, that it is important are being created every day. I know the away from. You can maybe talk pri- that we realize that this budget is de- gentleman has been out to Walter Reed vate accounts will yield more interest plorable as it relates to keeping our and I have been out to Walter Reed sev- and at least get people thinking, but promise to our veterans and to our eral times. There is nothing more trag- how can you not ask people who ben- young veterans. We have a lot of young ic for any of us who serve in this body efit the most from the capitalistic sys- veterans out there that are trying to than to go over there and see some of tem to pay and meet their obligation raise families and dealing with real these soldiers and the sacrifices that to the rest of society? Because if it issues. Some are on 50 percent benefits, they have made for the country, and to were not for those people, if it were not some are on 100 percent benefits be- come and look at some of what is hap- for the veterans of the United States cause they laid it down for this coun- pening here in the Congress, where our military, there would be no capitalistic try, Democrats and Republicans. President’s budget for health care pro- system for anyone else to make money b 2115 grams provides only 106 million more off of. That is the fundamental dollars than last year, $3.5 billion less premise. So we need to make sure that I will tell you once again, when you than the veterans service organizations we find the resources in the Congress see the land of milk and honey, when it that come here and testify before the to do it. comes down to the top 1 percent and Committee on Veterans’ Affairs and I would like to just take this oppor- what they get and the promise that is meet here say they need. The veterans tunity to acknowledge the gentleman kept to them by this administration groups, the American Legion, they are from New Jersey (Mr. SMITH), who was and by the majority side, it is really not going to come before Congress and the Republican chairman of the Com- night and day. If you are in the top 1 ask for anything more than their sol- mittee on Veterans’ Affairs, who was a percent, you are in good shape right now. You are receiving every tax cut diers that they served with need. And great advocate for veterans in this they say they need $3.5 billion more. country and who was removed from the that you could possibly get at this par- ticular time, and I am pretty sure And so when you are telling us that chairmanship of the committee be- you are only going to increase it by cause he was too strong of an advocate there are some Members of this body that would have some other great ideas $106 million in the President’s budget, because he wanted more resources put it is outrageous. for you. But what happens to that indi- in. I yield to the fine gentleman from vidual that works every day? What I live in Ohio, and a lot of those folks Ohio whom I split Mahoning County have moved into the State of Florida, happens to that individual that puts it with in the great State of Ohio. south Florida, Miami, and they have on the line every day? Mr. STRICKLAND. I thank the gen- some sun and fun; but there are a lot of We are talking about Iraq Watch, and tleman from Ohio for yielding. We also veterans who have stayed in my com- this is the hour that usually our col- have with us tonight the gentleman munity and who are having a lot of dif- leagues come to the floor to talk about from Washington (Mr. INSLEE). There ficulties accessing the system. So I Iraq. I just recently returned with a bi- are some things that I think the Amer- think it is appropriate that we are here partisan group going to Iraq and Af- ican people need to understand about following this debate, the generation ghanistan to visit our troops and also what is happening here in Washington, that gave us Social Security, the gen- to visit some of the civilians that are D.C., especially as we discuss the budg- eration that freed Europe, the genera- over there. I will tell you that news re- et and its relevance to the veterans tion that saved southeast Asia in many ports are not even covering half of population. I am amazed. I am truly ways, and who created a lot of the op- what is happening there. Tomorrow we amazed and puzzled. I really do not un- portunities that we have here today will have the opportunity on the Com- derstand why the President and why and set us on this path of democracy mittee on Armed Services to hear from the Republican leadership in this and fiscal responsibility for years to Secretary Rumsfeld. We will have an House would choose to treat veterans come, social justice. I think we have an opportunity to hear the administra- with such disdain. opportunity to honor those folks, espe- tion’s vision as it relates to Iraq, and Why do I say that? I will share with cially as we have more people from our also to talk about this budget in the you some recent history with this ad- generation coming back. Department of Defense. But it is im- ministration. One of the first things Mr. Speaker, I yield to the gentleman portant that we have past statements the President did after becoming Presi- from Florida (Mr. MEEK). and hopefully not to say that we want dent during his first term was to in- Mr. MEEK of Florida. Mr. Speaker, I to have the Secretary responding to crease the cost that a veteran pays for want to thank the gentleman from misstatements or anything of that na- a prescription drug from $2 a prescrip- Ohio for his comments, and I am very ture, but we want to make sure that we tion to $7 a prescription. I introduced excited about the fact that some Mem- are giving voice to those future vet- legislation to repeal that increase but bers of the Congress are watching out erans and we are giving voice to the unfortunately I was unable to get that for our veterans, making sure our vet- troops that are over there in harm’s legislation passed. So now many vet- erans are receiving what they deserve. way right now. There are individuals, erans, thousands of veterans, pay $7 for

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00113 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD—HOUSE 2349 each prescription they get through the can find the ability to afford the kind istration and the leadership in this VA. Seven dollars may not sound like a of health insurance that will take care House of Representatives, they are tak- lot of money, but many of the veterans of our medical needs if we need to. But ing steps that are harmful to veterans. who are in need of medication take 10 I submit to you that if you make Mr. RYAN of Ohio. We just had an or more prescriptions a month, and $22,000 a year, you are not high income. hour where we discussed Social Secu- many of these people are on fixed in- I think it is shameful, I use that word, rity and the private accounts, not to comes. Many of them have fought our but it is shameful that this govern- get back into it, but this many Mem- wars. In fact, you can be a combat- ment would make a decision to treat bers on the other side are willing to decorated veteran and you can be a pri- our veterans in that manner. borrow $5 trillion over the next 20 ority 8 veteran. That is the veteran And now, before I yield back to my years to pay for the privatization plan. that the administration says makes friend from Ohio, the Republican lead- If you had come here and said, you too much money to currently qualify ership in this House has done some- know, we maybe need to borrow $3.5 to participate in VA health care. Or thing just very recently that the Amer- billion to fully fund veterans, I think you can be a priority 7 veteran, and a ican people have a right to know about. many of us on this side of the aisle priority 7 veteran is a veteran that has Because over the last Congress, Demo- would say, well, we think we should a medical need but the medical need is crats and Republicans worked together balance the budget, we probably think not a direct result of the military serv- on the VA Committee to preserve ade- that there is a better way of doing it, ice, and so they are charged more for quate funding. It was not as much as I but what a much better reason to go the VA health care they receive. wanted it to be, but at least it was out and borrow money, $3.5 billion So the President increased the cost enough to maintain at least the cur- compared to $5 trillion granted, to of a prescription drug from $2 to $7. rent level of services. And we did that meet the obligation that we have. Shortly after, the VA issued a new pol- with the help of some of our Repub- I thought it would be interesting just icy. It was in the form of a memo that lican colleagues. The chairman of the to show since 2001, I have these charts went to all the VA health care pro- VA Committee in the last Congress working tonight so I am going to do viders. It said basically, and I am sum- really enabled us to keep VA funding one final chart. This is the increase, marizing, but it said too many vet- at a level that enabled current services funding increases since 2001. This is the erans are coming in for service and we to continue. That Republican Congress- percent of increase in funding. The red cannot afford to treat all these vet- man’s name was CHRIS SMITH. He is a is defense, the lavender is homeland se- erans and consequently there are wait- Republican Congressman from the curity, and the blue is 9/11 response, ing lines; and so we are going to solve State of New Jersey. Many people who New York City, international and air- this problem by rationing care to vet- watch C–SPAN know CHRIS SMITH be- line relief. This is 2004, 2003, 2002, 2001. erans, and we are going to ration care cause he frequently stands in this In 2004, 69 percent of the increase in by prohibiting our nurses and social Chamber and he argues and advocates funding from this Congress went for de- workers and physicians from for an end to abortion. I would call fense, 9 percent for homeland security, proactively informing veterans of the CHRIS SMITH, at least in my judgment, and 12 percent for 9/11. services they are entitled to receive he is the most pro-life Member of this These are three priorities I think the under the law. House. I just point that out to empha- whole Congress could agree on. But to We are talking about services that size that he is a true conservative. He have a 70 percent increase in the mili- lawfully were made available to them is a true conservative. tary? You are telling me we could not by the actions of this Congress. I CHRIS SMITH had served on the Com- find $3.5 billion that could not get to thought that was egregious. I have mittee on Veterans’ Affairs for 24 Halliburton in order to fund some of filed suit against the Veterans’ Admin- years, nearly a quarter of a century. He this for our veterans? My point is that istration in conjunction with the Viet- had been the chair of the VA Com- this is an issue of priorities. This nam Veterans of America to try to mittee for the last 4 years. But because comes down to one word, choice. overturn this egregious policy. That he was an advocate for veterans, b 2130 suit is currently before the court. I am Speaker HASTERT and the leadership in What is the choice that this Congress hopeful the court will recognize that this House decided they were going to wants to make? the VA is in violation of law and will strip him of his chair’s position. Not Mr. STRICKLAND. Mr. Speaker, will force them to withdraw this onerous only did they do that, they removed the gentleman yield? gag order. him from this committee that he had Mr. RYAN of Ohio. I yield to the gen- We see a pattern developing here. Be- served on for 24 years, and they did tleman from Ohio. cause then the VA decided that they that in the face of opposition from 10 of Mr. STRICKLAND. Mr. Speaker, were going to create a brand-new cat- the national veterans service organiza- what the gentleman says is true. There egory or priority group for veterans, tions. I am talking about the American are several ways we can find the money and they called that new category pri- Legion, the Disabled American Vet- to pay for veterans health care. For ority group 8. They said, this group erans, the Veterans of Foreign Wars, one thing, we can cut back on these tax just simply can no longer enroll and re- the AMVETS, the Vietnam Veterans, cuts that have gone to the richest peo- ceive VA health care. And why? Well, the Paralyzed Veterans of America, the ple. There are people in this country because they make too much money, so Noncommissioned Officers, the Jewish who have never served in the military, they should not be able to get health War Veterans. All of these veterans or- never put their lives on the line; and care. The formula that is used to deter- ganizations wrote Speaker HASTERT a yet this President, during this time of mine if a veteran is high income and no letter, they all signed their name to war, has decided to give them a huge, longer entitled to receive VA health that letter, and they said to Speaker huge tax cut, while our veterans, many care is based on a Housing and Urban HASTERT, it would really be a shame of them becoming increasingly elderly Development formula. for CHRIS SMITH to be taken out of the and disabled, are being deprived of ade- In my district, you can make as little chair’s position and to be removed quate health care, having to wait for as $22,000 a year and the VA will con- from this committee because he has weeks and months to get a doctor’s ap- sider you high income and tell you that been our friend. He has been an advo- pointment. That is just wrong. you can no longer receive VA health cate for veterans. What was Speaker So the President had a choice: tax care. Think of that. Those of us who HASTERT’s response? CHRIS SMITH was cuts for the richest people in America serve in this Chamber, the American stripped of his chair’s position, re- or adequate funding for VA health people have a right to know that, make moved from the VA Committee. care. He chose tax cuts for the richest over $150,000 a year. Maybe we can pay I am asking my friend from Ohio, do among us. $7 a prescription for our prescription you see a pattern here? It seemed that There is something else I would like medications if we need to. Maybe we time after time after time, this admin- to share with my friend from Ohio. We

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I do not want to say this veteran asking why this administration cannot that a group of veterans from the first is worthy and this veteran is not wor- make veterans a priority, but I would Persian Gulf War who were tortured by thy. All of these people have served the suggest that we are not so much even Saddam Hussein in the Abu Ghraib country. They are in need of help and asking the administration to recognize prison brought a lawsuit in the Amer- health care, and I am getting sick and veterans as a priority, but just asking ican courts against Iraq, the Iraqi Gov- tired of hearing about focusing on the them to give them a decent kind of reg- ernment, and they were granted a sig- core constituency. Of course we need to ular order priority, because the fact of nificant judgment, several millions of focus on the core constituency. But the matter is this administration, and dollars for the abuse, and it was hor- that does not mean that we should ne- it is sad to say, has not only failed to rendous abuse. These were fliers who glect other veterans as well. And that give the veterans priority. They have went down in the first Persian Gulf is what is happening. And I hope the really treated them like about second- War, were captured by Saddam’s forces, people in this country, especially the or third-class citizens. and were terribly tortured; and they veterans and the families of veterans, The administration really has de- won a judgment that seemed to me to are paying attention because we are cided to put veterans, some of whom make the right decision considering treating our veterans in a shabby man- have lost limbs and health and their what they went through. They now are ner. lives in Iraq, on a second or third tier attempting to enforce that judgment The President’s budget that he sent below other folks that the administra- against Iraq and against the oil reve- us a couple of weeks ago is a shameful tion values more highly. That is a fair- nues that are generated in Iraq. document. It cuts back on nursing ly dramatic thing to say, but let me So what did the administration do? home care for veterans. It is a shame- back up what I mean by that. Did it come to the aid of these veterans The administration has decided to ful document. And I do not want to who were so terribly tortured at Abu put people who earn over $400,000 a year hear my colleagues over there say Ghraib? No. This administration went and got about almost a third of the tax these are tight budgetary times, we to court to refuse to pay these veterans breaks that the President handed out, just do not have the money. the judgment they had received against the President refuses to ask any of We have the money, Mr. Speaker, to the Iraqi oil field money, essentially, those folks to contribute in any way to pay for what we think is important. We which is now pouring into Iraq. the Iraq war, and so basically the ad- have the money for that. The fact is And the irony of this is pretty amaz- ministration has put veterans behind that President Bush and this leader- ing because our Secretary of Defense, those folks on a lower tier. He has not ship do not consider America’s vet- Rumsfeld, has said we are going to pay just put them on a lower priority. He erans a priority. They cannot run from damages to the Iraqis who were subject has put them on a second-class tier, that fact. And I would just invite any to the abusive conditions in Abu but it is not just folks earning a high of my Republican friends to come to Ghraib by our forces. The same defense this floor and let us discuss this open- income. Secretary who said we ought to pay the ly. Let us discuss the fact that Presi- The President has also put Halli- Iraqis who were abused in Abu Ghraib, dent Bush is asking that our veterans burton on a higher tier than the vet- unfortunately, in our situation, in our pay increased costs for medications, erans who have actually fought the custody, now steps in and refuses to that he wants to impose a $250 annual wars. We have not seen this adminis- allow our Americans to get payment user fee for many of our veterans to tration really get aggressive about the when Saddam Hussein tortured them. use a hospital. I think it is shameful. I misuse of funds in Iraq. What kind of convoluted cockamamie, really think it is shameful. We Democrats had to hold sort of a Mr. RYAN of Ohio. Mr. Speaker, re- rump hearing. The gentleman from knuckleheaded policy is that. Mr. STRICKLAND. Mr. Speaker, will claiming my time, I appreciate the California (Mr. WAXMAN) and the Sen- comments, and I have just got to say it ator from North Dakota had a hearing the gentleman yield? Mr. RYAN of Ohio. I yield to the gen- is stunning. We are down here a lot and to find out what happened to all this tleman from Ohio. we get wrapped up and frustrated and money that disappeared into the finan- Mr. STRICKLAND. Mr. Speaker, I upset about this; but I mean, when we cial swamps of Iraq. have introduced legislation to make take a step back, this is stunning what Mr. STRICKLAND. Mr. Speaker, will this government stop what they are we are doing. It is absolutely stunning the gentleman yield? doing, stop fighting these veterans, that we can somehow expect the Amer- Mr. RYAN of Ohio. I yield to the gen- these tortured veterans. The gen- ican people and the veterans that are tleman from Ohio. sitting at home tonight who make Mr. STRICKLAND. Mr. Speaker, the tleman explained it well, but I would $22,000 a year, who struggle and many fact is that, as I understand it, about $9 like to just take a stab at it as well be- people in our community in northeast billion is unaccounted for. cause what we have here is these are Ohio who have lost their steel jobs or Mr. INSLEE. Exactly, Mr. Speaker. soldiers that were captured during the their rubber jobs and have moved into And if the gentleman will continue to first Gulf War, and they were terribly the VA health, they have moved into yield, three times, three times the tortured under Saddam Hussein’s re- VA health because they do not have amount of money it would take to fix gime. This government, as my col- anything else. But they made the sac- this problem with veterans so they leagues recall, had held on to billions rifice. When the bell rung, they were would not have to stand in line for 6 of dollars that were Iraqi dollars, and there. months to get treatment when they when these tortured Americans sued Mr. STRICKLAND. Mr. Speaker, will come back from Iraq, this administra- and won their suit, they were laying the gentleman yield? tion lost three times as much money in claim on those dollars that this coun- Mr. RYAN of Ohio. I yield to the gen- the financial netherworld of Iraq, and try had possession of, and this adminis- tleman from Ohio. they refuse to do anything about it be- tration returned that money to Iraq Mr. STRICKLAND. Mr. Speaker, as I cause it is embarrassing. and literally used the Justice Depart- say, I would invite any of my Repub- Mr. RYAN of Ohio. Mr. Speaker, re- ment to go to court to try to set aside lican friends to come down here and claiming my time, I would just like to that judgment that would compensate challenge what we are saying because say that that would not be the least these soldiers. what we are saying is the truth. embarrassing thing about this war. And the gentleman from Washington Mr. INSLEE. Mr. Speaker, will the Mr. INSLEE. Mr. Speaker, let me State is right. At the same time, here gentleman yield? mention maybe one of the most embar- is Secretary Rumsfeld speaking of the

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That seems like a fairly tion, because you hear a lot of rhetoric this government is fighting to keep our straightforward question, and I just about how much we appreciate our sol- American troops who were tortured in wonder how the President would an- diers, how much we appreciate what Iraq from being compensated with Iraqi swer that. the military does for us, but the world dollars. How can one explain that to Mr. INSLEE. Mr. Speaker, will the now knows, and certainly most Ameri- the American people? It is unbeliev- gentleman yield? cans that have paid attention, that we able. Mr. RYAN of Ohio. I yield to the gen- did send our soldiers into battle with- Mr. INSLEE. Mr. Speaker, will the tleman from Washington. out adequate body armor, and we have gentleman yield? Mr. INSLEE. Mr. Speaker, I think I them driving around in vehicles in Iraq Mr. RYAN of Ohio. I yield to the gen- know, if I can posit a hypothesis, in that are not properly armored, and we tleman from Washington. general how the President would an- have people over there conducting pa- Mr. INSLEE. Mr. Speaker, there is an swer, perhaps in more diplomatic terms trols and driving long distances and explanation, and it is very clear what than I will offer, but I think he would taking fuel from one part of Iraq to the the explanation is. The explanation is say: Mr. STRICKLAND, with all due re- other part of Iraq without night vision that this administration puts on a spect, you just do not get it. Our ad- goggles. So we know there has been higher tier of value the Iraqi provi- ministration has made a decision for that kind of neglect. sional government in dollars than the first time in American history to But what my friend has brought to these American veterans who were tor- fight a war, but the only people we are our attention here tonight regarding tured. They put them on a higher tier, going to ask to sacrifice are veterans. these tortured Americans and the ad- number one. Number two, the adminis- Nobody else is going to have to sac- ministration’s fighting them through tration puts Halliburton on a higher rifice. the courts to keep them from getting tier than veterans because they refused Mr. STRICKLAND. And the soldiers compensated by the Iraqi government to give this $9 billion back that could that are active duty. is nearly unbelievable. Mr. RYAN of Ohio. Mr. Speaker, re- be used to finance veterans, number Mr. INSLEE. And the soldiers that claiming my time, I think if you are two. Number three, this administration are active duty. sitting at home listening to this debate puts people who earn over $400,000 a Mr. STRICKLAND. And Reservists that we are having here, the discussion year and got a tax cut that the admin- and Nation Guard. we are having here, there is a real key istration refuses to even talk about Mr. INSLEE. And Reservists, some of component, and I mentioned it earlier now, it puts them higher than the peo- whom are going to have to go back for and I think it is worth reiterating: ple who went to Iraq and came home a second and third deployment. These Every major veteran’s service organi- sometimes without legs. are the only Americans that we have zation is against what the President I do not believe that is consistent asked to suffer and sacrifice because I, with American values on how we ought and this Congress is doing. as President of the United States, do This is the most noble generation in to look at respective contribution by not think this is worth fighting enough the history of our country. They are Americans to our freedom, which was to ask any other Americans to sacrifice fiscally conservative. They are Repub- the ultimate contribution of these vet- 1 rather than that small, less than ⁄2 licans and Democrats. They are frugal. erans. But it shows a skewed value percent of the population. So as a re- They saved. They never had the kind of judgment by the administration. That sult, I, as President, have made a deci- personal debt that our Nation has explains why this administration takes sion that if the veterans get in my way today, not their generation. the position. by needing health care or if the vet- They are not going to ask for money Mr. STRICKLAND. Mr. Speaker, if erans get in my way by having a judg- just to ask for it. They need it, and the gentleman will continue to yield, I ment because they got tortured by they see the need with their friends, think it shows a moral blindness. I Saddam Hussein and if they get in my within their organizations, and they really do. I mean, we are talking here way because they want to get Halli- are asking for it. If you do not believe about decisions that are made that af- burton to pay the 9 billion bucks back the gentleman from Ohio (Mr. STRICK- fect the lives of American soldiers, and that was fraudulently used by at least LAND), the gentleman from Washington in this case soldiers who were tortured. somebody over in Iraq, then it is just (Mr. INSLEE), the gentleman from Ohio There is no question that they were tough. (Mr. RYAN) or the gentleman from tortured. There is no question about b 2145 Florida (Mr. MEEK), believe all the vet- that. There is no question as to who erans organizations that are out there was responsible. It was the Iraqi Gov- They are not going to get in my way, sticking up for their membership. If ernment under Saddam Hussein. because I as president am not going to there is anybody you should believe, it Now this administration is trying to touch tax cuts, I am going to do deficit is them. play, I think, word games because they spending, I am going to continue to cut Mr. INSLEE. Mr. Speaker, if the gen- are saying, well, that was the govern- these veterans off from getting pay- tleman will yield further, I want to tip ment that existed under Saddam Hus- ment, because if I get away with it, a hat to these veterans groups, who are sein and now that Saddam Hussein has that is good enough for me. That is the really one of the least demanding been removed from office, this new only answer I can think of. groups of people I have ever worked government is not responsible for what Mr. STRICKLAND. Mr. Speaker, if with, considering how they have been happened under Saddam Hussein. But I the gentleman will yield further, we mistreated since this Iraq war started would remind the gentleman from are standing here and talking about and since this administration started Washington State the money that we this, and there are probably Americans to cut health care. Incredibly, they were holding on to here was money watching and perhaps a few listening have been respectful in bringing this to that was from the Saddam Hussein to us, and what we are saying sounds our attention. But, frankly, if they government and regime. So I would almost unbelievable. were yelling at the top of their lungs like to ask the President if I had a I understand how someone listening and circling the White House with chance to talk with him, I would like to this may be puzzled, because there is pitchforks and torches, I think that to say: Mr. President, why do you no rational explanation, as far as I am would be, frankly, understandable. think Iraqis who were mistreated at concerned. Why should this govern- I was talking to somebody the other Abu Ghraib deserve to be compensated ment put a greater value on compen- day saying if you are a World War II

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But I think there is a from having the ability to speak up longer, and they will continue to get hesitancy to speak out, because if you and speak out. longer because of these cuts in the gen- speak out and you challenge the lead- I have said before, we are elected to eral VA budget. ership over there, there is a price to come here to represent the people who The gentleman from Ohio (Mr. pay. vote for us and make us their rep- STRICKLAND) has talked with some elo- The gentleman from New Jersey (Mr. resentative. We do not come here to quence about raising the deductible SMITH) found that out. When he spoke serve the gentleman from Illinois that individual veterans have to pay. up for veterans, he was stripped of his (Speaker HASTERT). We do not come Now they are also trying to soak vet- chairman position and he was taken off here to serve the gentleman from erans for $250 up front before you get of a committee that he had been on for Texas (Mr. DELAY) or the gentlewoman your first dollar of health care pay- 24 years. That is almost unbelievable. from California (Ms. PELOSI). We come ments, if you make the enormous sum Twenty-four years, a quarter of a cen- here to represent the people who send of $22,000, which puts people right up in tury almost, this man had served on us here. the Donald Trump category, I am sure. that committee. If my Republican friends do not have They are also cutting the general Mr. INSLEE. Mr. Speaker, if the gen- the freedom to speak up and speak out budget, or not raising it to the level it tleman would yield, when they stripped about what they think is right for their demands, for the whole hospital sys- the gentleman from New Jersey (Mr. constituents without getting a com- tem, which means these waiting lines SMITH) of his chairmanship, he was sort mittee taken away from them or get- get longer, just as the number of people of politically decapitated, if you will, ting a position taken away from them, who need them get larger. So it is a because he had a dissenting voice in well, then they become impotent, quite multiple. It is like a death by a thou- the Republican caucus. He wanted to frankly. They are not able to be a true sand cuts. bring to the country’s attention the representative. Let me suggest one reason why we do fact that veterans were not getting I ask this question: Where are the not hear as much as we should about their due. That was a courageous step friends of the gentleman from New Jer- this issue. If you look at the pictures of by him. As a result, the leadership es- sey (Mr. SMITH)? Where are they in the our Iraqi veterans who are coming sentially lynched him and excommuni- Republican caucus? I want to tell you, home, and we in Congress on both sides cated him from the leadership position if that happened to my friend from of the aisle have visited with them and he held, after 25 years. Washington State, if our Democratic know how courageous these mostly Think of what that message is to leadership did that, or if our Demo- young and not-so-young people are, if Iraq. We saw Iraqis really courageously cratic leadership did that to my col- you look at pictures of them, they are go to the polls. That was amazing. league from the State of Ohio, I would a lot of times alone. They have gone They had a 58 percent or 60 percent be outraged, and I think Members of back a lot of times to a small town and turnout, almost 82 percent in a lot of our caucus would be outraged. We are living in somebody’s basement, and the Shiite areas. There were people would not stand for it. you see them sitting on the edge of a who walked through violence to get to But there is a silence over there that chair with a missing limb. They are the polls. This was a lot of personal is very, very troubling. What it means kind of alone. There is not a big group courage there that we should respect in is there is one or two or three people around them except maybe their imme- a lot of ways. One would think we who are in charge of what happens in diate family. They do not have a ought to honor that and send some this House, and the others go a long to blaring group of bugles and a press messages to Iraq about how to run a get along. corps to advocate their cause. Maybe democracy. I quoted this statement from Ben that is what we ought to be doing here Well, look at just three examples, Franklin before. I think it is good and tonight, and in some small way I guess how under the leadership of the current applicable. Ben Franklin said, ‘‘If you we are. House, what our lessons to Iraq are. act like sheep, the wolves will eat Mr. STRICKLAND. Mr. Speaker, if Number one, to the Sunnis, we want you.’’ I wonder if my colleagues over the gentleman will yield further, why the Sunnis to come into the Iraqi gov- there are not acting like sheep? They is there not an outcry about this? I ernment. We want the minority group are being awfully quiet. They let an think one of the reasons is that the to participate in the government, be- honored, respected, hard-working, com- American people are not fully aware of cause if we do not get the Sunnis in- mitted, devoted, dedicated member of what is happening and find it hard to volved in the Iraqi government, this in- their caucus be treated in that manner, believe. I can understand why someone surgency is going to continue to bloom. be treated in that manner, and I did listening to us tonight would find it So our message is to the Shiites, em- not hear any public outcry at all. None hard to believe what we have said, be- brace the Sunnis. Let them come in at all. cause it is so outrageous. and have a voice in your government. I think it must be because of fear, be- It is outrageous. As I said a little Let dissent have a voice. Reach a con- cause I know there are people over earlier, it is contrary to the public sensus through embracing the minor- there who respected the gentleman image we get from this administration, ity. from New Jersey (Mr. SMITH), who be- because if you listen to rhetoric com- What do they do here in the House of lieved he was right in his thinking and ing from the White House and coming Representatives? To their own Mem- in the position he was trying to take as from the leadership in this House here, ber, the gentleman from New Jersey an advocate for veterans. Yet I did not you would think that they really ap- (Mr. SMITH), who had a dissenting view- hear any public outcry. preciate the veterans and they care for point, kind of the position the Sunnis I think it is a shame that this House veterans and they were going to do ev- are in as a minority, boom, off with his would be so constrained out of fear of erything they could to care for vet- head, silence him. Take him out of the what the leadership may do if the indi- erans. But the facts just do not match political discourse here by removing vidual members speak up and speak the rhetoric. his chairmanship. That is not a good out. You could also wonder why is there message to the Iraqis about how de- Mr. INSLEE. If the gentleman will not an outcry from many of the Repub- mocracy ought to run. yield further, the President had some licans who I know care about veterans? Mr. STRICKLAND. Mr. Speaker, if eloquent language about freedom I have friends on that side of the aisle the gentleman will yield further, I do around the world, which is something

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we all aspire to. I guess we are saying Mr. DEFAZIO, for 5 minutes, today. of Homeland Security, transmitting the De- people ought to have freedom in the Mr. CUELLAR, for 5 minutes, today. partment’s final rule — Drawbridge Oper- House of Representatives to stand up Ms. KAPTUR, for 5 minutes, today. ation Regulations: Newtown Creek, Dutch for veterans, and not be punished as Mr. EMANUEL, for 5 minutes, today. Kills, English Kills, and their tributaries, NY [CGD01-04-157] received January 31, 2005, pur- Mr. THOMPSON of California, for 5 the gentleman from New Jersey (Mr. suant to 5 U.S.C. 801(a)(1)(A); to the Com- SMITH) was. That is wrong, and we are minutes, today. mittee on Transportation and Infrastruc- going to continue to be a voice for vet- Mr. CARDOZA, for 5 minutes, today. ture. erans so this administration does not Ms. JACKSON-LEE of Texas, for 5 min- 803. A letter from the Chief, Regulations cut their health care. utes, today. and Administrative Law, USCG, Department Mr. RYAN of Ohio. Mr. Speaker, re- Mr. CUMMINGS, for 5 minutes, today. of Homeland Security, transmitting the De- claiming my time, I would like to Mrs. MALONEY, for 5 minutes, today. partment’s final rule — Drawbridge Oper- thank both gentlemen tonight and just Ms. CORRINE BROWN of Florida, for 5 ation Regulation; Houma Navigation Canal, Houma, LA [CGD08-05-004] (RIN: 1625-AA09) say we are willing to work with the minutes, today. (The following Members (at the re- received January 31, 2005, pursuant to 5 other side to find the $3.5 billion, U.S.C. 801(a)(1)(A); to the Committee on quest of Mr. GINGREY) to revise and ex- whether it is out of the $500 billion or Transportation and Infrastructure. $600 billion increase to the Medicare tend their remarks and include extra- 804. A letter from the Chief, Regulations program that we just found out about, neous material:) and Administrative Law, USCG, Department we could squeeze $3.5 billion out of Mr. PRICE of Georgia, for 5 minutes, of Homeland Security, transmitting the De- that, or whether it is asking the today. partment’s final rule — Drawbridge Oper- wealthiest to help. We are willing to Mr. OSBORNE, for 5 minutes, today. ation Regulation, Gulf Intracoastal Water- Mr. ROHRABACHER, for 5 minutes, way, Houma, LA [CGD08-05-003] (RIN: 1625- work with them and follow the vet- AA09) received January 31, 2005, pursuant to erans organizations and do what is today. Mr. BARTON of Texas, for 5 minutes, 5 U.S.C. 801(a)(1)(A); to the Committee on right to our veterans who made the today. Transportation and Infrastructure. sacrifices. 805. A letter from the Chief, Regulations Mr. GUTKNECHT, for 5 minutes, today. f and Administrative Law, USCG, Department Mr. GINGREY, for 5 minutes, today. of Homeland Security, transmitting the De- CORRECTION TO THE CONGRES- Mr. BURTON of Indiana, for 5 minutes, partment’s final rule — Drawbridge Oper- SIONAL RECORD OF TUESDAY, today and February 16 and 17. ation Regulations: Newtown Creek, Dutch FEBRUARY 1, 2005 AT PAGE 1097 Mr. TOM DAVIS of Virginia, for 5 min- Kills, English Kills, and their tributaries, NY utes, today. [CGD01-05-004] received January 31, 2005, pur- Mr. POE, for 5 minutes, February 16. suant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Transportation and Infrastruc- EXECUTIVE COMMUNICATIONS, f ETC. ture. ADJOURNMENT 806. A letter from the Chief, Regulations 448. A letter from the Congressional Re- Mr. RYAN of Ohio. Mr. Speaker, I and Administrative Law, USCG, Department view Coordinator, APHIS, Department of Ag- of Homeland Security, transmitting the De- riculture, transmitting the Department’s move that the House do now adjourn. partment’s final rule — Safety Zone; Dela- final rule—Bovine Spongiform The motion was agreed to; accord- ware River [CGD05-05-006] (RIN: 1625-AA00) Encephalopathy; Minimal-Risk Regions and ingly (at 9 o’clock and 58 minutes received January 31, 2005, pursuant to 5 Importation of Commodities [Docket No. 03– p.m.), the House adjourned until to- U.S.C. 801(a)(1)(A); to the Committee on 080–3] (RIN: 0579–AB73) received January 4, morrow, Wednesday, February 16, 2005, Transportation and Infrastructure. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the at 10 a.m. 807. A letter from the Chief, Regulations Committee on Agriculture. and Administrative Law, USCG, Department f f of Homeland Security, transmitting the De- EXECUTIVE COMMUNICATIONS, partment’s final rule — Safety Zone; St. LEAVE OF ABSENCE ETC. Johns River, Jacksonville, Florida [COTP Jacksonville 04-133] (RIN: 1625-AA00) received By unanimous consent, leave of ab- Under clause 8 of rule XII, executive sence was granted to: January 31, 2005, pursuant to 5 U.S.C. communications were taken from the 801(a)(1)(A); to the Committee on Transpor- Ms. ESHOO (at the request of Ms. Speaker’s table and referred as follows: tation and Infrastructure. PELOSI) for today and the balance of 799. A communication from the President 808. A letter from the Program Analyst, the week. of the United States, transmitting a request FAA, Department of Transportation, trans- Mr. STUPAK (at the request of Ms. for FY 20054 supplemental appropriations for mitting the Department’s final rule — Modi- PELOSI) for today and the balance of ongoing military and intelligence operations fication to Class E Airspace; Mena, AR the week. in support of Operation Iraqi Freedom, Oper- [Docket No. FAA-2004-19405; Airspace Docket Mr. WAMP (at the request of Mr. ation Enduring Freedom, and selected other No. 2004-ASW-14] received January 31, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- DELAY) for today on account of a fam- international activities, including tsunami mittee on Transportation and Infrastruc- ily commitment. relief and reconstruction; (H. Doc. No. 109–9); to the Committee on Appropriations and or- ture. Mr. MILLER of Florida (at the request dered to be printed. 809. A letter from the Program Analyst, of Mr. DELAY) for today on account of 800. A letter from the Chief, Regulations FAA, Department of Transportation, trans- weather-related travel delays. and Administrative Law, USCG, Department mitting the Department’s final rule — Estab- f of Homeland Security, transmitting the De- lishment of Class E Airspace; Lexington, OR partment’s final rule — Drawbridge Oper- [Docket No. FAA-2003-16137; Airspace Docket SPECIAL ORDERS GRANTED ation Regulations; Corpus Christi-Port Aran- 03-ANM-07] received January 31, 2005, pursu- By unanimous consent, permission to sas Channel-Tule Lake, Corpus Christi, TX ant to 5 U.S.C. 801(a)(1)(A); to the Committee address the House, following the legis- [CGD08-05-009] received January 31, 2005, pur- on Transportation and Infrastructure. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 810. A letter from the Program Analyst, lative program and any special orders mittee on Transportation and Infrastruc- FAA, Department of Transportation, trans- heretofore entered, was granted to: ture. mitting the Department’s final rule — Modi- (The following Members (at the re- 801. A letter from the Chief, Regulations fication of Class E Airspace; Cozad, NE quest of Ms. WOOLSEY) to revise and ex- and Administrative Law, USCG, Department [Docket No. FAA-2004-17422; Airspace Docket tend their remarks and include extra- of Homeland Security, transmitting the De- No. 04-ACE-23] received January 31, 2005, pur- neous material:) partment’s final rule — Drawbridge Oper- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Ms. WOOLSEY, for 5 minutes, today. ation Regulations; Gulf Intracoastal Water- mittee on Transportation and Infrastruc- way — Bayou Boeuf, Amelia, LA [CGD08-05- ture. Mr. PALLONE, for 5 minutes, today. 007] received January 31, 2005, pursuant to 5 811. A letter from the Program Analyst, Mr. DAVIS of Illinois, for 5 minutes, U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- today. Transportation and Infrastructure. mitting the Department’s final rule — Estab- Mr. BROWN of Ohio, for 5 minutes, 802. A letter from the Chief, Regulations lishment of Class E Airspace; Melbourne, AR today. and Administrative Law, USCG, Department [Docket No. FAA-2004-19406; Airspace Docket

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No. 2004-ASW-15] received January 31, 2005, 820. A letter from the Program Analyst, ETHERIDGE, Mr. BAIRD, Mr. WU, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- FAA, Department of Transportation, trans- LARSEN of Washington, Mr. MATHE- mittee on Transportation and Infrastruc- mitting the Department’s final rule — Air- SON, Mr. BOSWELL, Mr. LATHAM, Mr. ture. worthiness Directives; GE Aircraft Engines COSTELLO, Mr. MCINTYRE, Mr. UDALL 812. A letter from the Program Analyst, (GE) CF34-3A, CF34-3A2, CF34-1A, CD-34-3A1, of Colorado, Mr. CRAMER, Ms. FAA, Department of Transportation, trans- CF34-3B, and CF34-3B1 Series Turbofan En- BORDALLO, Mr. MELANCON, Mr. AL mitting the Department’s final rule — Estab- gines [Docket No. 2003-NE-67-AD; Amend- GREEN of Texas, Mr. CARNAHAN, Ms. lishment of Class E Airspace; Mount Vernon, ment 39-13914; AD 2004-26-02] (RIN: 2120-AA64) EDDIE BERNICE JOHNSON of Texas, and TX [Docket No. FAA-2004-19407; Airspace received January 31, 2005, pursuant to 5 Mr. SOUDER): Docket No. 2004-ASW-16] received January U.S.C. 801(a)(1)(A); to the Committee on H.R. 798. A bill to provide for a research 31, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Transportation and Infrastructure. program for remediation of closed meth- the Committee on Transportation and Infra- 821. A letter from the Program Analyst, amphetamine production laboratories, and structure. FAA, Department of Transportation, trans- for other purposes; to the Committee on 813. A letter from the Program Analyst, mitting the Department’s final rule — Air- Science. FAA, Department of Transportation, trans- worthiness Directives; Boeing Model 747 Se- By Mrs. MALONEY (for herself, Mr. mitting the Department’s final rule — Modi- ries Airplanes [Docket No. 2001-NM-179-AD; SANDERS, Ms. WATSON, Ms. WATERS, fication of Restricted Areas 5103A, 5103B, and Amendment 39-13911; AD 2004-25-23] (RIN: Mr. GEORGE MILLER of California, Mr. 5103C, and Revocation of Restricted Area 2120-AA64) received January 31, 2005, pursu- ENGEL, Mr. MCDERMOTT, Mr. WEINER, 5103D; McGregor, NM [Docket No. FAA-2004- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. GUTIERREZ, Mr. JACKSON of Illi- 17773; Airspace Docket No. 04-ASW-11] (RIN: on Transportation and Infrastructure. nois, and Mr. CUMMINGS): 2120-AA66) received January 31, 2005, pursu- 822. A letter from the Program Analyst, H.R. 799. A bill to amend the Expedited ant to 5 U.S.C. 801(a)(1)(A); to the Committee FAA, Department of Transportation, trans- Funds Availability Act to redress imbalances on Transportation and Infrastructure. mitting the Department’s final rule — Air- between the faster withdrawals permitted 814. A letter from the Program Analyst, worthiness Directives; Rolls-Royce plc RB211 under the Check 21 Act and the slower rates FAA, Department of Transportation, trans- Series Turbofan Engines [Docket No. 2000- for crediting deposits, and for other pur- mitting the Department’s final rule — Modi- NE-62-AD; Amendment 39-13915; AD 2004-26- poses; to the Committee on Financial Serv- fication of Class E Airspace; Scribner, NE 03] (RIN: 2120-AA64) received January 31, ices. [Docket No. FAA-2004-19327; Airspace Docket 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Mr. STEARNS (for himself, Mr. No. 04-ACE-56] received January 31, 2005, pur- Committee on Transportation and Infra- BOUCHER, Mr. SMITH of Texas, Ms. suant to 5 U.S.C. 801(a)(1)(A); to the Com- structure. HART, Mr. BARTLETT of Maryland, mittee on Transportation and Infrastruc- 823. A letter from the Chief, Regulation Mr. BASS, Mr. ROGERS of Michigan, ture. Management, Office of Regulation Policy Mr. BLUNT, Mr. WILSON of South 815. A letter from the Program Analyst, and Management, VBA, Department of Vet- Carolina, Mr. PEARCE, Mr. REYNOLDS, FAA, Department of Transportation, trans- erans Affairs, transmitting the Department’s Mrs. CUBIN, Mr. BRADY of Texas, Mr. mitting the Department’s final rule — Modi- final rule — Loan Guaranty: Implementation BOEHLERT, Mr. NUSSLE, Mr. TERRY, fication of Class E Airspace; Imperial, NE of Public Law 107-103 (RIN: 2900-AL23) re- Ms. PRYCE of Ohio, Mr. BAKER, Mr. [Docket No. FAA-2004-19329; Airspace Docket ceived January 27, 2005, pursuant to 5 U.S.C. BRADLEY of New Hampshire, Mr. No. 04-ACE-58] received January 31, 2005, pur- 801(a)(1)(A); to the Committee on Veterans’ SIMPSON, Mr. BOEHNER, Mrs. BLACK- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Affairs. BURN, Mr. MCHUGH, Mr. SOUDER, Mr. mittee on Transportation and Infrastruc- 824. A letter from the Acting Chief, Publi- WICKER, Mr. CANNON, Mr. BOYD, Mrs. ture. cations and Regulations Branch, Internal MUSGRAVE, Mr. GARRETT of New Jer- 816. A letter from the Program Analyst, Revenue Service, transmitting the Service’s sey, Mr. MANZULLO, Mr. GINGREY, Mr. FAA, Department of Transportation, trans- final rule — Income Attributable to Domes- DAVIS of Kentucky, Mr. MARSHALL, mitting the Department’s final rule — Air- tic Production Activities [Notice 2005-14] re- Mr. BONILLA, Mr. CANTOR, Mr. BACA, worthiness Directives; Saab Model SAAB ceived January 27, 2005, pursuant to 5 U.S.C. Mr. TANNER, Mr. LEWIS of Kentucky, SF340A and SAAB 340B Series Airplanes 801(a)(1)(A); to the Committee on Ways and Mr. SCOTT of Georgia, Mr. MICHAUD, [Docket No. 2002-NM-182-AD; Amendment 39- Means. Mr. LARSEN of Washington, Mr. HOL- 13882; AD 2004-24-06] (RIN: 2120-AA64) received f DEN, Mr. BERRY, Mr. TAYLOR of North January 31, 2005, pursuant to 5 U.S.C. Carolina, Mr. MCCRERY, Mrs. JO ANN 801(a)(1)(A); to the Committee on Transpor- REPORTS OF COMMITTEES ON DAVIS of Virginia, Mr. GARY G. MIL- tation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS LER of California, Mrs. MILLER of 817. A letter from the Program Analyst, Under clause 2 of rule XIII, reports of Michigan, Mr. SWEENEY, Mr. PENCE, FAA, Department of Transportation, trans- Mr. DAVIS of Tennessee, Mr. AKIN, mitting the Department’s final rule — Air- committees were delivered to the Clerk Mr. CHOCOLA, Mr. THOMAS, Mr. worthiness Directives; Empresa Brasileira de for printing and reference to the proper PETERSON of Minnesota, Mr. Aeronautica S.A. (EMBRAER) Model EMB- calendar, as follows: GILLMOR, Mr. SULLIVAN, Mr. STRICK- 135 and -145 Series Airplanes [Docket No. Mrs. CAPITO: Committee on Rules. House LAND, Mr. FOLEY, Mr. NUNES, Mr. 2003-NM-97-AD; Amendment 39-13909; AD Resolution 95. Resolution providing for con- ROGERS of Kentucky, Mr. CULBERSON, 2004-25-21] (RIN: 2120-AA64) received January sideration of the bill (H.R. 310) to increase Mr. OTTER, Mr. WALDEN of Oregon, 31, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the penalties for violations by television and Mr. REHBERG, Mr. GOHMERT, Ms. the Committee on Transportation and Infra- radio broadcasters of the prohibitions HERSETH, Mr. GIBBONS, Mr. BURGESS, structure. against transmission of obscene, indecent, Mr. WESTMORELAND, Mr. CARTER, Mr. 818. A letter from the Program Analyst, and profane material, and for other purposes SESSIONS, Mr. ENGLISH of Pennsyl- FAA, Department of Transportation, trans- (Rept. 109–6). Referred to the House Cal- vania, Mr. RENZI, Mr. BONNER, Mr. mitting the Department’s final rule — Air- endar. KANJORSKI, Mr. SHUSTER, Mr. GENE worthiness Directives; Saab Model SAAB Mr. GINGREY: Committee on Rules. House GREEN of Texas, Mr. PICKERING, Mr. 2000 Series Airplanes [Docket No. 2002-NM- Resolution 96. Resolution providing for con- GOODE, Mr. ROGERS of Alabama, Mr. 347-AD; Amendment 39-13908; AD 2004-25-20] sideration of the bill (S. 5) to amend the pro- GORDON, Mrs. CAPITO, Mr. EVERETT, (RIN: 2120-AA64) received January 31, 2005, cedures that apply to consideration of inter- Mr. YOUNG of Alaska, Mr. TAYLOR of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- state class actions to assure fairer outcomes Mississippi, Mr. HENSARLING, Mr. mittee on Transportation and Infrastruc- for class members and defendants, and for MORAN of Kansas, Mr. BARRETT of ture. other purposes (Rept. 109–7). Referred to the South Carolina, Mr. RYUN of Kansas, 819. A letter from the Program Analyst, House Calendar. Mr. MARCHANT, Mr. MACK, Mr. ADER- FAA, Department of Transportation, trans- HOLT, Mr. HEFLEY, Mr. COOPER, Mr. f mitting the Department’s final rule — Air- CALVERT, Mr. HAYWORTH, Mr. FRANKS worthiness Directives; Bombardier Model PUBLIC BILLS AND RESOLUTIONS of Arizona, Mr. ISSA, Mr. DINGELL, CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), Under clause 2 of rule XII, public Mr. TANCREDO, Mr. RAHALL, Mr. SIM- CL-600-2B16 (CL-601-3A, CL-601-3R, and CL- MONS, Mr. MILLER of Florida, Mr. 604) Series Airplanes [Docket No. FAA-2004- bills and resolutions were introduced THORNBERRY, Mr. POMBO, Mr. KEL- 19862; Directorate Identifier 2004-NM-228-AD; and severally referred, as follows: LER, Mr. HERGER, Mr. DOOLITTLE, Mr. Amendment 39-13907; AD 2004-25-19] (RIN: By Mr. GORDON (for himself, Mr. CAL- SCHWARZ of Michigan, and Mr. NOR- 2120-AA64) received January 31, 2005, pursu- VERT, Mr. BOEHLERT, Mr. DAVIS of WOOD): ant to 5 U.S.C. 801(a)(1)(A); to the Committee Tennessee, Mr. JENKINS, Ms. WOOL- H.R. 800. A bill to prohibit civil liability on Transportation and Infrastructure. SEY, Mr. COOPER, Mr. CASE, Mr. actions from being brought or continued

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against manufacturers, distributors, dealers, Committee on Rules, and in addition to the Mr. HONDA, Ms. HOOLEY, Mr. HOLT, or importers of firearms or ammunition for Committee on Appropriations, for a period to Mr. HOYER, Mr. INSLEE, Mr. ISRAEL, damages or injunctive or other relief result- be subsequently determined by the Speaker, Mr. JACKSON of Illinois, Ms. JACKSON- ing from the misuse of their products by oth- in each case for consideration of such provi- LEE of Texas, Ms. EDDIE BERNICE ers; to the Committee on the Judiciary. sions as fall within the jurisdiction of the JOHNSON of Texas, Mr. KENNEDY of By Mr. COOPER (for himself, Mr. committee concerned. Rhode Island, Ms. KILPATRICK of HALL, Mrs. MCCARTHY, Mr. By Mr. BLUMENAUER (for himself, Michigan, Mr. KIND, Mr. KOLBE, Mr. MCDERMOTT, Mr. MCNULTY, Ms. Mr. ABERCROMBIE, Ms. BALDWIN, Mr. LANTOS, Mr. LARSEN of Washington, MILLENDER-MCDONALD, Mr. PAYNE, CASE, Mr. FOLEY, Mr. INSLEE, Mr. Mr. LARSON of Connecticut, Mr. Mr. RANGEL, Mr. SPRATT, Mr. FORD, MCDERMOTT, Ms. SLAUGHTER, Mr. LEACH, Ms. LEE, Mr. LEVIN, Mr. Mr. TANNER, Mr. TOWNS, Mr. WILSON SNYDER, and Mr. THOMPSON of Cali- LEWIS of Georgia, Ms. ZOE LOFGREN of South Carolina, Mr. OWENS, Mr. fornia): of California, Mrs. LOWEY, Mrs. DAVIS of Tennessee, and Mr. STARK): H.R. 807. A bill to amend the Internal Rev- MALONEY, Mr. MARKEY, Mr. MATHE- H.R. 801. A bill to amend titles XVIII and enue Code of 1986 to extend the transpor- SON, Mrs. MCCARTHY, Ms. MCCOLLUM XIX of the Social Security Act to provide for tation fringe benefit to bicycle commuters; of Minnesota, Mr. MCDERMOTT, Mr. coverage under the Medicare and Medicaid to the Committee on Ways and Means. MCGOVERN, Mr. MEEHAN, Mr. MENEN- Programs of certain screening procedures for By Mr. BROWN of South Carolina (for DEZ, Mr. GEORGE MILLER of Cali- diabetic retinopathy, and to amend the Pub- himself, Mr. BARTLETT of Maryland, fornia, Mr. MOORE of Kansas, Mr. lic Health Service Act to establish pilot pro- Mr. BRADLEY of New Hampshire, Ms. MORAN of Virginia, Mr. NADLER, Mrs. grams to foster such screening, and for other GINNY BROWN-WAITE of Florida, Mr. NAPOLITANO, Mr. NEAL of Massachu- purposes; to the Committee on Energy and CALVERT, Mrs. CHRISTENSEN, Mr. TOM setts, Ms. NORTON, Mr. OLVER, Mr. Commerce, and in addition to the Committee DAVIS of Virginia, Mr. EDWARDS, Mr. OWENS, Mr. PALLONE, Mr. PASCRELL, on Ways and Means, for a period to be subse- FILNER, Mr. FOLEY, Mr. GREEN of Mr. PASTOR, Mr. PAYNE, Mr. PRICE of quently determined by the Speaker, in each Wisconsin, Mr. HOLT, Mr. JENKINS, North Carolina, Mr. REYES, Mr. ROSS, case for consideration of such provisions as Mr. JONES of North Carolina, Ms. Mr. ROTHMAN, Mr. RUPPERSBERGER, fall within the jurisdiction of the committee KAPTUR, Ms. KILPATRICK of Michigan, Mr. RUSH, Mr. SABO, Ms. LINDA T. concerned. Mrs. MCCARTHY, Mr. MILLER of Flor- SA´ NCHEZ of California, Ms. LORETTA By Mr. DREIER (for himself, Mr. CAL- ida, Mr. MORAN of Virginia, Mr. SANCHEZ of California, Ms. SCHA- VERT, Mr. GARY G. MILLER of Cali- REYES, Ms. LINDA T. SA´ NCHEZ of Cali- KOWSKY, Mr. SCHIFF, Ms. SCHWARTZ of fornia, Mrs. NAPOLITANO, and Mr. fornia, Mr. TERRY, Mr. WOLF, and Ms. Pennsylvania, Mr. SHERMAN, Mr. BACA): WOOLSEY): SMITH of Washington, Mr. SNYDER, H.R. 802. A bill to amend the Reclamation H.R. 808. A bill to amend title 10, United Ms. SOLIS, Mr. SPRATT, Mr. STRICK- Wastewater and Groundwater Study and Fa- States Code, to repeal the offset from sur- LAND, Mrs. TAUSCHER, Mr. THOMPSON cilities Act to authorize the Secretary of the viving spouse annuities under the military of Mississippi, Mr. TOWNS, Mr. VAN Interior to participate in the Inland Empire Survivor Benefit Plan for amounts paid by HOLLEN, Mr. VISCLOSKY, Ms. WATERS, regional recycling project and in the the Secretary of Veterans Affairs as depend- Ms. WATSON, Mr. WEINER, Mr. WEX- Cucamonga Valley Water District recycling ency and indemnity compensation; to the LER, Ms. WOOLSEY, Mr. WU, Mr. project; to the Committee on Resources. Committee on Armed Services. WYNN, and Mr. DENT): By Mr. ANDREWS (for himself and Mr. By Mr. CANTOR (for himself, Mr. RYAN H.R. 810. A bill to amend the Public Health PLATTS): of Wisconsin, Mr. ENGLISH of Penn- Service Act to provide for human embryonic H.R. 803. A bill to require entering students sylvania, Mr. REYNOLDS, Mr. stem cell research; to the Committee on En- who will reside in on-campus housing at MCCRERY, Mr. LEWIS of Kentucky, ergy and Commerce. postsecondary institutions to have received Mr. HERGER, Mr. CAMP, and Mr. By Mrs. CUBIN: meningococcal vaccinations; to the Com- MCCAUL of Texas): H.R. 811. A bill to reduce temporarily the mittee on Education and the Workforce. H.R. 809. A bill to make permanent the in- royalty required to be paid for sodium pro- By Mr. BAKER: dividual income tax rates for capital gains duced on Federal lands, and for other pur- H.R. 804. A bill to exclude from consider- and dividends; to the Committee on Ways poses; to the Committee on Resources. ation as income certain payments under the and Means. By Mr. CUMMINGS (for himself and national flood insurance program; to the By Mr. CASTLE (for himself, Ms. Mr. SOUDER): Committee on Financial Services. DEGETTE, Mr. BASS, Mr. DINGELL, Mr. H.R. 812. A bill to amend the Office of Na- By Ms. BERKLEY (for herself, Mr. FOLEY, Mr. WAXMAN, Mrs. BONO, Mr. tional Drug Control Policy Act Reauthoriza- BISHOP of Georgia, Mr. BOUCHER, Ms. STARK, Mr. TOM DAVIS of Virginia, tion Act of 1998 to ensure that adequate CORRINE BROWN of Florida, Ms. CAR- Mr. CUMMINGS, Mr. KIRK, Ms. funding is provided for certain high intensity SON, Mr. CASE, Mrs. CHRISTENSEN, Mr. SLAUGHTER, Mrs. KELLY, Mr. EVANS, drug trafficking areas; to the Committee on COSTELLO, Mr. CROWLEY, Mr. CUM- Mr. SHAYS, Mr. RANGEL, Mr. SIM- Government Reform, and in addition to the MINGS, Mrs. DAVIS of California, Mr. MONS, Mr. CONYERS, Mr. BOEHLERT, Committee on Energy and Commerce, for a EVANS, Mr. FILNER, Mr. GORDON, Mr. Mr. LANGEVIN, Mr. SCHWARZ of Michi- period to be subsequently determined by the GUTIERREZ, Mr. HINOJOSA, Ms. JACK- gan, Mr. UDALL of Colorado, Mr. GIB- Speaker, in each case for consideration of SON-LEE of Texas, Mr. KIND, Ms. LEE, BONS, Ms. BALDWIN, Mr. GILCHREST, such provisions as fall within the jurisdic- Mr. LEWIS of Georgia, Ms. ZOE LOF- Ms. PELOSI, Mr. PORTER, Mr. ABER- tion of the committee concerned. GREN of California, Mrs. MCCARTHY, CROMBIE, Mr. RAMSTAD, Mr. ACKER- By Mr. EMANUEL (for himself, Mr. Mr. MCCOTTER, Mr. MCDERMOTT, Mr. MAN, Mr. ALLEN, Mr. ANDREWS, Ms. SNYDER, Mr. REYES, Mr. ABER- MEEKS of New York, Ms. MILLENDER- BEAN, Mr. BECERRA, Ms. BERKLEY, CROMBIE, Mr. GUTIERREZ, Mr. HIN- MCDONALD, Mr. NEAL of Massachu- Mr. BERMAN, Mrs. BIGGERT, Mr. CHEY, Mrs. MALONEY, Mr. PAYNE, Ms. setts, Ms. NORTON, Mr. OWENS, Mr. BISHOP of Georgia, Mr. BISHOP of New WOOLSEY, Mr. BERRY, Mr. KENNEDY of PALLONE, Mr. PAYNE, Mr. RYAN of York, Mr. BLUMENAUER, Mr. BOS- Rhode Island, Mr. ENGEL, Ms. Ohio, Mr. SANDERS, Mr. SERRANO, Ms. WELL, Mr. BOUCHER, Mr. BRADLEY of DELAURO, and Mr. FRANK of Massa- SOLIS, Mr. STRICKLAND, Mr. STUPAK, New Hampshire, Mr. BROWN of Ohio, chusetts): Mr. THOMPSON of Mississippi, Mr. Mr. BUTTERFIELD, Mrs. CAPPS, Mr. H.R. 813. A bill to amend the Public Health UDALL of New Mexico, Mr. VAN HOL- CAPUANO, Mr. CARDIN, Mr. CARNAHAN, Service Act to provide for an influenza vac- LEN, Ms. WOOLSEY, Mr. WYNN, Mrs. Ms. CARSON, Mr. CASE, Mrs. cine awareness campaign, ensure a sufficient LOWEY, Mr. REYES, Mr. HASTINGS of CHRISTENSEN, Mr. CLAY, Mr. influenza vaccine supply, and prepare for an Florida, Mr. GRIJALVA, Mr. MORAN of CLEAVER, Mr. COOPER, Mr. CROWLEY, influenza pandemic or epidemic, to amend Virginia, Mr. MARKEY, and Mr. LIPIN- Mr. DAVIS of Alabama, Mr. DAVIS of the Internal Revenue Code of 1986 to encour- SKI): Illinois, Mr. DAVIS of Florida, Mrs. age vaccine production capacity, and for H.R. 805. A bill to amend title 38, United DAVIS of California, Mr. DEFAZIO, Ms. other purposes; to the Committee on Energy States Code, to increase burial benefits for DELAURO, Mr. DICKS, Mr. DOGGETT, and Commerce, and in addition to the Com- veterans, and for other purposes; to the Com- Mr. EMANUEL, Mr. ENGEL, Ms. ESHOO, mittee on Ways and Means, for a period to be mittee on Veterans’ Affairs. Mr. FARR, Mr. FILNER, Mr. FORD, Mr. subsequently determined by the Speaker, in By Mr. BILIRAKIS: FRANK of Massachusetts, Mr. GOR- each case for consideration of such provi- H.R. 806. A bill to modify the provision of DON, Mr. AL GREEN of Texas, Mr. sions as fall within the jurisdiction of the law which provides a permanent appropria- GENE GREEN of Texas, Mr. GRIJALVA, committee concerned. tion for the compensation of Members of Mr. GUTIERREZ, Ms. HARMAN, Ms. By Mr. EVANS (for himself, Ms. JACK- Congress, and for other purposes; to the HERSETH, Mr. HIGGINS, Mr. HINCHEY, SON-LEE of Texas, Mr. CONYERS, Ms.

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BORDALLO, Mr. MORAN of Virginia, Mr. ANDREWS, Mr. SIMMONS, Mr. LAR- case for consideration of such provisions as and Mr. GRIJALVA): SON of Connecticut, and Mr. LEWIS of fall within the jurisdiction of the committee H.R. 814. A bill to amend the Immigration Kentucky): concerned. and Nationality Act to provide for the auto- H.R. 819. A bill to amend the Internal Rev- By Ms. WATERS: matic acquisition of citizenship by certain enue Code of 1986 to encourage guaranteed H.R. 828. A bill to establish the Commis- individuals born in Korea, Vietnam, Laos, lifetime income payments from annuities sion on American Jobs; to the Committee on Kampuchea, or Thailand; to the Committee and similar payments of life insurance pro- Education and the Workforce. on the Judiciary. ceeds at dates later than death by excluding By Ms. WATERS: By Mr. GARRETT of New Jersey (for from income a portion of such payments; to H.R. 829. A bill to make certain companies himself, Mr. TANCREDO, Mr. NOR- the Committee on Ways and Means. that have outsourced jobs during the pre- WOOD, Mr. JONES of North Carolina, By Mr. KING of New York (for himself, vious five years ineligible for the receipt of Mr. KING of Iowa, Mr. WELDON of Ms. HARMAN, Mr. ISSA, Mr. GARRETT Federal grants, Federal contracts, Federal Florida, Mr. CULBERSON, Mrs. JO ANN of New Jersey, Mr. BARTLETT of loan guarantees, and other Federal funding, DAVIS of Virginia, and Mr. Maryland, Mrs. MCCARTHY, Ms. LINDA and for other purposes; to the Committee on HOSTETTLER): T. SA´ NCHEZ of California, Mr. GENE Government Reform. H.R. 815. A bill to amend section 5318 to GREEN of Texas, Mr. WEINER, Mr. By Ms. WATERS: prohibit the use of identification issued by BISHOP of New York, Mr. CARDOZA, H.R. 830. A bill to limit the redistricting foreign governments, other than passports, Mr. SERRANO, Mr. ETHERIDGE, and that States may do after an apportionment for purposes of verifying the identity of a Mr. OTTER): of Representatives; to the Committee on the person who opens an account at a financial H.R. 820. A bill to amend the Immigration Judiciary. institution, and for other purposes; to the and Nationality Act to reauthorize the State By Ms. WATERS: Committee on Financial Services. Criminal Alien Assistance Program; to the H.R. 831. A bill to amend title 38, United By Mr. GIBBONS: Committee on the Judiciary. States Code, to increase the allowance for H.R. 816. A bill to direct the Secretary of By Mr. MICHAUD (for himself and Mr. burial expenses of certain veterans buried in Agriculture to sell certain parcels of Na- EVANS): private or State-owned cemeteries; to the tional Forest System land in Carson City H.R. 821. A bill to amend title 38, United Committee on Veterans’ Affairs. and Douglas County, Nevada; to the Com- States Code, to extend the requirement for By Ms. WATERS: mittee on Resources. reports from the Secretary of Veterans Af- H.R. 832. A bill to amend title 10, United By Mr. GREEN of Wisconsin (for him- fairs on the disposition of cases rec- States Code, to increase to $100,000 the self, Mr. BARTLETT of Maryland, Mr. ommended to the Secretary for equitable re- amount payable under the Department of CHABOT, Mr. CHOCOLA, Mr. GALLEGLY, lief due to administrative error; to the Com- Defense death gratuity program and to Mr. BLUMENAUER, Mr. ANDREWS, Mr. mittee on Veterans’ Affairs. amend title 38, United States Code, to in- CONYERS, Mr. SCOTT of Virginia, Mr. By Ms. MILLENDER-MCDONALD: crease to $400,000 the maximum coverage PETERSON of Minnesota, Mr. KOLBE, H.R. 822. A bill to support the establish- under the Servicemembers’ Group Life Insur- Mr. MORAN of Virginia, Mr. BASS, Mr. ment or expansion and operation of pro- ance program; to the Committee on Armed SANDERS, Mrs. KELLY, Mr. OWENS, grams using a network of public and private Services, and in addition to the Committee Mr. PLATTS, Mr. MCNULTY, Mrs. community entities to provide mentoring for on Veterans’ Affairs, for a period to be subse- JOHNSON of Connecticut, Mr. SABO, children in foster care; to the Committee on quently determined by the Speaker, in each Mr. PAYNE, Mr. HONDA, Mr. BERMAN, Ways and Means, and in addition to the Com- case for consideration of such provisions as Mr. MCDERMOTT, Ms. HARMAN, Ms. mittee on Education and the Workforce, for fall within the jurisdiction of the committee SLAUGHTER, Mr. VAN HOLLEN, and Ms. a period to be subsequently determined by concerned. WOOLSEY): the Speaker, in each case for consideration By Mr. WEINER: H.R. 817. A bill to amend title 18, United of such provisions as fall within the jurisdic- H.R. 833. A bill to amend the Truth in States Code, to strengthen prohibitions tion of the committee concerned. Lending Act to require a store in which a against animal fighting, and for other pur- By Mr. RAMSTAD (for himself, Mr. consumer may apply to open a credit or poses; to the Committee on the Judiciary, STARK, Mrs. JOHNSON of Connecticut, charge card account to display a sign, at and in addition to the Committee on Agri- Mr. KENNEDY of Rhode Island, and each location where the application may be culture, for a period to be subsequently de- Mr. CASTLE): made, containing the same information re- termined by the Speaker, in each case for H.R. 823. A bill to amend the Public Health quired by such Act to be prominently placed consideration of such provisions as fall with- Service Act to establish a State family sup- in a tabular format on the application; to in the jurisdiction of the committee con- port grant program to end the practice of the Committee on Financial Services. cerned. parents giving legal custody of their seri- By Mr. STRICKLAND (for himself, Mr. By Mr. HINCHEY (for himself, Mr. ously emotionally disturbed children to RYAN of Ohio, Mr. HASTINGS of Flor- ABERCROMBIE, Mr. ACKERMAN, Mr. State agencies for the purpose of obtaining ida, and Mr. LANTOS): CONYERS, Mr. FARR, Mr. FILNER, Mr. mental health services for those children; to H.R. 834. A bill to amend the Federal Elec- FRANK of Massachusetts, Ms. JACK- the Committee on Energy and Commerce. tion Campaign Act of 1971 to prohibit certain SON-LEE of Texas, Mr. JEFFERSON, By Mr. RANGEL: State election administration officials from Mr. KILDEE, Mr. KUCINICH, Mr. LAN- H.R. 824. A bill to award a congressional actively participating in electoral cam- TOS, Mrs. MCCARTHY, Mr. MCNULTY, gold medal to Ray Charles in recognition of paigns; to the Committee on House Adminis- Mr. GARY G. MILLER of California, his many contributions to the Nation; to the tration. Mr. NADLER, Mr. ROYCE, Mr. SAND- Committee on Financial Services. By Mr. STRICKLAND: ERS, Mr. SCHIFF, Mr. TOWNS, Mr. By Mr. SAXTON: H.R. 835. A bill to recognize the organiza- WAXMAN, Mr. WOLF, Ms. WOOLSEY, H.R. 825. A bill to require certain condi- tion known as the National Academies of and Mr. WYNN): tions to be met before the International Practice; to the Committee on the Judiciary. H.R. 818. A bill to amend title XVIII of the Monetary Fund may sell gold; to the Com- By Mr. SAM JOHNSON of Texas (for Social Security Act to provide for coverage mittee on Financial Services. himself and Mr. REGULA): of qualified acupuncturist services under By Mr. SERRANO: H.J. Res. 19. A joint resolution providing part B of the Medicare Program, and to H.R. 826. A bill to authorize the appropria- for the appointment of Shirley Ann Jackson amend title 5, United States Code, to provide tion of funds to be used to recruit, hire, and as a citizen regent of the Board of Regents of for coverage of such services under the Fed- train 100,000 new classroom paraprofessionals the Smithsonian Institution; to the Com- eral Employees Health Benefits Program; to in order to improve educational achievement mittee on House Administration. the Committee on Energy and Commerce, for children; to the Committee on Education By Mr. SAM JOHNSON of Texas (for and in addition to the Committees on Ways and the Workforce. himself and Mr. REGULA): and Means, and Government Reform, for a By Mr. SHIMKUS (for himself, Mr. H.J. Res. 20. A joint resolution providing period to be subsequently determined by the GENE GREEN of Texas, and Mr. LEWIS for the appointment of Robert P. Kogod as a Speaker, in each case for consideration of of Kentucky): citizen regent of the Board of Regents of the such provisions as fall within the jurisdic- H.R. 827. A bill to amend title XVIII of the Smithsonian Institution; to the Committee tion of the committee concerned. Social Security Act to provide for coverage on House Administration. By Mrs. JOHNSON of Connecticut (for of ultrasound screening for abdominal aortic By Mrs. CAPITO (for herself, Mr. KAN- herself, Mr. TANNER, Mr. ENGLISH of aneurysms under part B of the Medicare Pro- JORSKI, Mr. ROGERS of Kentucky, Mr. Pennsylvania, Mrs. JONES of Ohio, gram; to the Committee on Energy and Com- RANGEL, Mr. GOODE, and Mr. BROWN Mr. RAMSTAD, Ms. HART, Mr. PAUL, merce, and in addition to the Committee on of Ohio): Mr. GORDON, Mr. SAM JOHNSON of Ways and Means, for a period to be subse- H. Con. Res. 61. Concurrent resolution ex- Texas, Mr. MCNULTY, Mr. JEFFERSON, quently determined by the Speaker, in each pressing the sense of the Congress that a

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postage stamp should be issued honoring the nouncements inform an understanding of the H.R. 47: Mr. JONES of North Carolina and Nation’s coal miners; to the Committee on original meaning of the Constitution of the Mr. EVERETT. Government Reform. United States; to the Committee on the Ju- H.R. 63: Mr. MOORE of Kansas. By Mr. HOLT (for himself, Mr. BROWN diciary. H.R. 64: Mr. TERRY, Mr. BERRY, Mr. of South Carolina, Mr. TANNER, Mr. By Mr. KILDEE (for himself, Mr. ABER- STEARNS, Mr. SCHWARZ of Michigan, Mr. SERRANO, Ms. CARSON, Mr. WYNN, Mr. CROMBIE, Mr. BROWN of Ohio, Mr. HEFLEY, and Mr. BOUSTANY. RANGEL, and Mr. OWENS): CASE, Mr. FILNER, Mr. POMEROY, Mr. H.R. 68: Mr. BILIRAKIS and Mr. RANGEL. H. Con. Res. 62. Concurrent resolution ex- STUPAK, Mr. MELANCON, Mr. HAS- H.R. 69: Mr. SANDERS. pressing support for the designation and TINGS of Florida, and Mr. PETERSON H.R. 98: Mrs. DRAKE and Mr. PLATTS. goals of ‘‘Hire a Veteran Week’’; to the Com- of Minnesota): mittee on Veterans’ Affairs, and in addition H. Res. 98. A resolution expressing the H.R. 99: Mr. DANIEL E. LUNGREN of Cali- to the Committee on Armed Services, for a sense of the House of Representatives with fornia. period to be subsequently determined by the respect to free trade negotiations that could H.R. 134: Mr. HOLT, Ms. LEE, Mr. HINOJOSA, Speaker, in each case for consideration of adversely impact the sugar industry of the Mr. MCDERMOTT, Mrs. MCCARTHY, Mr. DELA- such provisions as fall within the jurisdic- United States; to the Committee on Ways HUNT, Mrs. DAVIS of California, Ms. MCCOL- tion of the committee concerned. and Means. LUM of Minnesota, Mr. ANDREWS, Mr. MENEN- By Mr. NEY (for himself, Ms. By Mr. MCCOTTER (for himself and DEZ, Ms. WATSON, Mr. GRIJALVA, Mr. BISHOP MILLENDER-MCDONALD, Mr. CANNON, Ms. BERKLEY): of New York, Mr. DOGGETT, and Mr. ALLEN. Mr. CANTOR, Mr. LANTOS, Mr. POR- H. Res. 99. A resolution expressing the con- H.R. 135: Mr. SESSIONS and Mr. SCOTT of TER, and Mr. LATOURETTE): dolences of the House of Representatives to Georgia. H. Con. Res. 63. Concurrent resolution per- the families of the victims of the terrorist H.R. 136: Mr. EVERETT, Mr. HAYES, Mr. SAM mitting the use of the rotunda of the Capitol attacks in Madrid that occurred one year JOHNSON of Texas, Mr. BARTLETT of Mary- for a ceremony as part of the commemora- ago, on March 11, 2004, and expressing deep- land, Mr. PITTS, Mr. WILSON of South Caro- tion of the days of remembrance of victims est sympathy to the individuals injured in lina, Mr. BROWN of South Carolina, Mrs. JO of the Holocaust; to the Committee on House those attacks and to the people of the King- ANN DAVIS of Virginia, and Mr. LEWIS of Administration. dom of Spain; to the Committee on Inter- Kentucky. By Mr. SHAW: national Relations. H.R. 213: Mr. GEORGE MILLER of California H. Con. Res. 64. Concurrent resolution ex- By Mr. OXLEY: and Ms. SLAUGHTER. pressing the sense of the Congress that there H. Res. 100. A resolution providing H.R. 239: Mr. SAM JOHNSON of Texas. amounts for the expenses of the Committee should be established a National Teacher Ap- H.R. 282: Mr. KLINE, Ms. SCHWARTZ of Penn- on Financial Services in the One Hundred preciation Day; to the Committee on Gov- sylvania, Mr. MCCAUL of Texas, Ms. SCHA- Ninth Congress; to the Committee on House ernment Reform. KOWSKY, Mr. ISSA, Mr. BONILLA, Mr. Administration. By Mr. WHITFIELD (for himself, Mr. STEARNS, Mr. MCNULTY, and Mr. BAKER. By Mr. SAXTON (for himself, Mr. WEX- WEXLER, and Ms. GRANGER): H.R. 284: Mr. OSBORNE. H. Con. Res. 65. Concurrent resolution LER, Mr. ENGEL, Mr. CHABOT, Mr. H.R. 297: Mr. GEORGE MILLER of California, commending the Republic of Turkey for as- CANTOR, Ms. ROS-LEHTINEN, Mr. Mrs. LOWEY, Mrs. MALONEY, and Mr. KUCI- suming the leadership of the International MENENDEZ, and Mr. ACKERMAN): NICH. Security Assistance Force in Afghanistan H. Res. 101. A resolution urging the Euro- H.R. 302: Mr. CASE and Mr. SCHIFF. and for its ongoing contribution to the war pean Union to add Hezbollah to the European against terrorism; to the Committee on Union’s wide-ranging list of terrorist organi- H.R. 303: Mr. HAYES, Mr. FOLEY, Ms. BERK- International Relations. zations; to the Committee on International LEY, Mr. CHANDLER, Mr. PAUL, and Mr. FIL- By Mr. TOM DAVIS of Virginia: Relations. NER. H. Res. 92. A resolution providing amounts By Mr. THOMAS: H.R. 304: Mr. DAVIS of Florida, Mr. for the expenses of the Committee on Gov- H. Res. 102. A resolution providing HOSTETTLER, Mr. BOYD, Mr. TAYLOR of Mis- ernment Reform in the One Hundred Ninth amounts for the expenses of the Committee sissippi, and Ms. HARRIS. Congress; to the Committee on House Ad- on Ways and Means in the One Hundred H.R. 305: Mr. BOOZMAN, Mr. BACHUS, Mr. ministration. Ninth Congress; to the Committee on House MCCAUL of Texas, and Mr. PITTS. By Mr. YOUNG of Alaska: Administration. H.R. 313: Mr. CRAMER and Mr. WAMP. H. Res. 93. A resolution providing amounts By Mr. UDALL of Colorado (for himself H.R. 314: Mr. RAMSTAD, Mr. GILLMOR, Mr. for the expenses of the Committee on Trans- and Mr. BEAUPREZ): THORNBERRY, Mr. CRAMER, and Mr. TIAHRT. H. Res. 103. A resolution recognizing the portation and Infrastructure in the One Hun- H.R. 333: Mr. PALLONE, Mr. PETERSON of importance of honoring the Nation’s children dred Ninth Congress; to the Committee on Minnesota, and Mr. BLUMENAUER. and expressing the sense of the House of Rep- House Administration. H.R. 354: Mr. HOLDEN. resentatives that a National Children’s Day By Mr. GOODLATTE: H.R. 356: Mr. PLATTS, Mr. LINDER, Mr. should be established; to the Committee on H. Res. 94. A resolution providing amounts BARTLETT of Maryland, Mr. MORAN of Kan- Education and the Workforce. for the expenses of the Committee on Agri- sas, Mr. RAHALL, Mr. GILLMOR, and Mr. By Mr. COX (for himself and Mr. culture in the One Hundred Ninth Congress; LATHAM. THOMPSON of Mississippi): to the Committee on House Administration. H.R. 358: Mr. JEFFERSON, Mr. MCGOVERN, By Mr. FEENEY (for himself, Mr. H. Res. 104. A resolution providing amounts for the expenses of the Committee Mr. HOLT, Mr. SCHIFF, Mr. DAVIS of Alabama, GOODLATTE, Mr. DELAY, Mr. SENSEN- on Homeland Security in the One Hundred Mr. CUMMINGS, Mrs. JONES of Ohio, Mr. BRENNER, Mr. CHABOT, Mr. SMITH of Ninth Congress; to the Committee on House LEACH, Ms. BORDALLO, Mrs. CHRISTENSEN, Texas, Mr. CANNON, Mr. KING of Iowa, Administration. Mr. BROWN of South Carolina, Mr. KILDEE, Mr. BAKER, Mr. HAYWORTH, Mr. Mr. BURTON of Indiana, Mr. MICHAUD, Mr. f CHOCOLA, Mr. JONES of North Caro- SAM JOHNSON of Texas, Mr. DINGELL, Mrs. lina, Mr. AKIN, Mr. BARTLETT of ADDITIONAL SPONSORS CAPPS, Mr. STRICKLAND, Ms. SOLIS, Mr. LAR- Maryland, Mr. PENCE, Mr. WILSON of SON of Connecticut, Mr. ROTHMAN, Mr. LEVIN, Under clause 7 of rule XII, sponsors South Carolina, Mr. WELDON of Flor- Mr. EHLERS, Mr. GEORGE MILLER of Cali- ida, Mr. TERRY, Mr. PICKERING, Mr. were added to public bills and resolu- fornia, Mr. WEINER, and Mr. DAVIS of Illinois. GARRETT of New Jersey, Mr. PITTS, tions as follows: H.R. 371: Mr. LANTOS and Mr. GENE GREEN Mr. FRANKS of Arizona, Mrs. JO ANN H.R. 11: Mr. BUTTERFIELD, Mr. UDALL of of Texas. DAVIS of Virginia, Mr. BACHUS, Mr. New Mexico, Mr. DAVIS of Illinois, and Mr. H.R. 389: Mr. SMITH of New Jersey, Mr. SULLIVAN, Mr. SOUDER, Mr. BOOZMAN, PETERSON of Minnesota. BARTLETT of Maryland, and Mr. GUTIERREZ. Mr. FORTUN˜ O, Mr. CANTOR, Mr. DOO- H.R. 16: Mr. CAMP and Mr. RANGEL. H.R. 461: Mr. DAVIS of Illinois. LITTLE, Mr. FORBES, Mr. POE, Mr. H.R. 22: Mr. BAIRD and Mr. HOLT. H.R. 500: Mr. BACHUS, Mr. KING of Iowa, Mr. HOSTETTLER, Mr. CARTER, Ms. GINNY H.R. 23: Mrs. CAPPS, Mr. PETERSON of Min- GUTKNECHT, and Mr. GOODLATTE. BROWN-WAITE of Florida, Mr. GALLE- nesota, Ms. KILPATRICK of Michigan, Mr. H.R. 514: Mr. MCDERMOTT. GLY, Mrs. MUSGRAVE, and Mr. MACK): JENKINS, Mr. MILLER of Florida, Ms. ESHOO, H.R. 515: Mr. POMEROY and Mr. BACA. H. Res. 97. A resolution expressing the and Mr. BISHOP of Georgia. sense of the House of Representatives that H.R. 25: Mr. DAVIS of Kentucky. H.R. 521: Mr. RADANOVICH, Mr. BOYD, Mr. judicial determinations regarding the mean- H.R. 29: Mr. DINGELL and Mr. DOYLE. PLATTS, Mr. HINCHEY, and Ms. MOORE of Wis- ing of the Constitution of the United States H.R. 32: Mr. MENENDEZ, Mr. GARRETT of consin. should not be based on judgments, laws, or New Jersey, and Mr. BROWN of Ohio. H.R. 525: Mr. EVERETT, Mr. THOMAS, Mr. pronouncements of foreign institutions un- H.R. 40: Mr. MORAN of Virginia and Mr. BLACKBURN, Mr. CONAWAY, Mr. BLUNT, Mr. less such foreign judgments, laws, or pro- BISHOP of Georgia. ROGERS of Alabama, and Mr. GINGREY.

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H.R. 533: Mr. STARK, Mr. MCGOVERN, Mr. H.R. 616: Mr. OWENS, Mr. HONDA, Mr. H.R. 775: Mr. CHABOT and Mr. SOUDER. CASE, and Ms. SOLIS. SOUDER, Mr. PETERSON of Minnesota, Mr. H.R. 791: Mr. RANGEL, Ms. SCHAKOWSKY, H.R. 535: Mr. EVANS, Ms. SLAUGHTER, Mr. MCDERMOTT, Mr. SCHIFF and Mr. BERRY. Mr. LEWIS of Georgia, and Mr. MCDERMOTT. KUCINICH, Mr. CONYERS, Mrs. CAPPS, and Mr. H.R. 623: Mr. HAYES, Mr. REHBERG, Mr. H.R. 792: Mr. HIGGINS and Mr. LIPINSKI. BACHUS, and Mr. BASS. COSTA. H.J. Res. 10: Mr. CULBERSON and Mr. EVER- H.R. 624: Mr. MCCAUL of Texas and Mr. H.R. 554: Mr. KLINE, Mr. JINDAL, Ms. HART, ETT. Mr. EVERETT, Mr. REGULA, and Mr. CANNON. FRANK of Massachusetts. H.R. 625: Ms. SLAUGHTER and Mr. BLU- H.J. Res. 18: Ms. BEAN and Mr. ISSA. H.R. 556: Mr. CAMP, Ms. HARMAN, Mr. CAPU- MENAUER. H. Con. Res. 18: Mr. SCHIFF. ANO, Mr. CARDOZA, Mr. MEEKS of New York, H.R. 652: Ms. BERKLEY, Mr. CANTOR, Mr. H. Con. Res. 25: Mr. MCCOTTER, Mr. Ms. SLAUGHTER, Ms. SOLIS, Mr. BACA, and GERLACH, Mr. HULSHOF, and Mr. MICHAUD. FATTAH, and Mrs. MYRICK. Mr. MENENDEZ. H.R. 668: Ms. CARSON. H. Con. Res. 32: Mr. BURTON of Indiana, H.R. 557: Mr. HAYWORTH and Mr. DREIER. H.R. 689: Mr. SIMPSON, Mr. BLUNT, Mr. ROG- Mrs. JO ANN DAVIS of Virginia, Mr. SCHIFF, H.R. 558: Ms. HART and Mr. SOUDER. ERS of Alabama, and Mr. HERGER. and Mr. HERGER. H.R. 559: Mr. CUMMINGS, Mr. GEORGE MIL- H.R. 692: Mr. FOLEY, Mr. GRIJALVA, and Mr. H. Con. Res. 38: Mr. CUMMINGS, Mr. LER of California, Mr. OWENS, and Mr. LEVIN. MCDERMOTT, and Mr. PAYNE. MCDERMOTT. H.R. 713: Mr. MCCAUL of Texas. H. Con. Res. 45: Mr. KUHL of New York, Mr. H.R. 577: Ms. HART, Mr. FORTUN˜ O, Mr. H.R. 728: Mrs. JO ANN DAVIS of Virginia, KUCINICH, Mr. WALSH, Mr. WEXLER, Mr. CAPUANO, and Mr. DAVIS of Illinois. Mr. CONYERS, Mr. STUPAK, Mr. CLAY, and Mr. PAUL, Mr. BISHOP of New York, and Mr. CON- H.R. 595: Mr. CLEAVER, Mr. PALLONE, Mr. WYNN. H.R. 748: Mr. EVERETT, Mr. MORAN of Kan- YERS. ABERCROMBIE, Mr. RANGEL, Mr. FRANK of sas, Mr. HERGER, Mr. TAYLOR of Mississippi, H. Res. 22: Mr. MCCAUL of Texas. Massachusetts, Mr. RUSH, Ms. WASSERMAN and Mr. OTTER. SCHULTZ, Mr. DAVIS of Illinois, Mr. H. Res. 38: Mr. FRANKS of Arizona and Mrs. H.R. 759: Mr. OWENS, Mr. MORAN of Vir- BUTTERFIELD, and Ms. ESHOO. LOWEY. ginia, Ms. DEGETTE, and Mr. FILNER. TEARNS VERETT H. Res. 54: Mr. GONZALES, Mr. MCHUGH, and H.R. 596: Mr. S , Mr. E , and H.R. 768: Ms. LINDA T. SA´ NCHEZ of Cali- Mr. WILSON of South Carolina. Mr. DAVIS of Illinois. fornia, Mr. PRICE of North Carolina, Ms. H. Res. 61: Ms. WASSERMAN SCHULTZ and H.R. 602: Mr. MORAN of Virginia, Mr. LEWIS WATERS, Mr. MICHAUD, Mr. ROTHMAN, Mr. Mr. DAVIS of Illinois. of Georgia, Ms. CARSON, Mr. SCHIFF, Mr. THOMPSON of California, and Mr. KENNEDY of GORDON, Mr. BOUCHER, Mr. LANTOS, Mr. Rhode Island. H. Res. 67: Ms. ESHOO and Mr. SMITH of CHANDLER, Mr. CLAY, Ms. ZOE LOFGREN of H.R. 771: Mr. RANGEL, Mr. COSTELLO, and Washington, California, Mr. OWENS, Ms. KILPATRICK of Mr. LARSEN of Washington. H. Res. 70: Ms. CORRINE BROWN of Florida, Michigan, Mr. OLVER, Mr. GUTIERREZ, Mr. H.R. 772: Mr. BISHOP of Georgia, Ms. BALD- Mr. BACA, Mr. OWENS, Mr. SCOTT of Virginia, WEXLER, Mr. LARSON of Connecticut, Mr. WIN, Mr. SERRANO, Mr. ISRAEL, Ms. NORTON, Mr. GONZALEZ, Mr. ORTIZ, Mrs. CHRISTENSEN, ROGERS of Alabama, Ms. SLAUGHTER, Mrs. Mr. PAYNE, Mr. COOPER, Mr. ETHERIDGE, Mr. Mr. HENSARLING, Mr. CUMMINGS, and Mr. CAPPS, and Mr. DOYLE. RYAN of Ohio, Mr. HOLDEN, Mr. RANGEL, Mr. FORD. H.R. 606: Mrs. TAUSCHER and Ms. ESHOO. MCGOVERN, Mr. MCDERMOTT, Mr. OWENS, Mr. H. Res. 84: Mr. DREIER, Mr. SHAYS, Mr. H.R. 611: Mr. SIMMONS and Mr. DAVIS of Il- BERRY, Mr. TOWNS, Ms. KAPTUR, Mrs. MALO- MANZULLO, Mr. EHLERS, Mr. HOEKSTRA, Mr. linois. NEY, Ms. LEE, Mr. SCHIFF, Mr. CONYERS, and KENNEDY of Minnesota, and Mrs. MILLER of H.R. 613: Mr. TERRY and Mr. OTTER. Mr. RENZI. Michigan.

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A TRIBUTE TO MS. GABRIELLA F. Koszorus who was one of the great heroes of ecutive position with the Prudential Insurance KOSZORUS-VARSA the Hungarian Holocaust, immigrated to the Company following his tenure as Vice Presi- United States in 1951 with their son. dent of Urban Data Systems, Inc. Mr. Speaker, she was commissioned to HON. TOM LANTOS In 1988, Donald Payne achieved a mile- paint some of the most important moments OF CALIFORNIA stone not only for himself, but for the entire Af- and persons in American history. Dr. Robert IN THE HOUSE OF REPRESENTATIVES rican-American community of New Jersey. He Tuesday, February 15, 2005 Hutchings Goddard and his wife’s bas-reliefs, commissioned by the Ramsey Fund at the Na- was elected to the serve in this great body, Mr. LANTOS. Mr. Speaker, I invite my col- tional Air and Space Museum were made by the first for an African-American from New Jer- leagues to join me in paying tribute to an ex- Ms. Koszorus-Varsa. Her ‘‘Composition in Me- sey. Mr. Payne has used his position as a traordinary and remarkable artist, Ms. moriam of the Late Astronauts: Virgil Grissom, Member of Congress to further the cause of Gabriella F. Koszorus-Varsa. Ms. Koszorus- Edward H. White, and Roger B. Chaffee’’ is human and civil rights throughout the world. Varsa’s work has been displayed internation- currently being exhibited at the Alabama His efforts have enabled Mr. Payne to travel ally, from Santa Cruz, California, to Munich, Space and Rocket Center. The Fleetwood throughout the globe to represent the United Germany, including being featured prominently Cover Service commissioned three First Day States government. He was one of five Mem- in the U.S. Capitol and the Hungarian Em- Cover designs from her: ‘‘O! Say, Can You bassy in Washington, D.C. and in the Car- bers of Congress asked to accompany Presi- See’’, ‘‘Civil War Centennial’’, and ‘‘Champion dent and Mrs. Clinton on their six nation tour negie Hall in New York City. She has been of Liberty, Lajos Kossuth’’. I also recall her heralded as a master of portraits, and figure of Africa. As a member of the Balkans Caucus wonderful painting of the first king of Hungary, he met with NATO officials in Brussels to compositions as well as sculptures. Saint Stephen that was displayed at the Hun- asses the crisis in Kosovo. This mission Ms. Koszorus-Varsa’s depiction of the garian Embassy in Washington, D.C., which brought Mr. Payne to the frontlines of the dev- charge of the cavalry during the battle of also houses her life-sized bust of Lajos astation caused by the inhumane acts com- Charleston in ‘‘Fidelissimus ad Mortem’’ is a Kossuth. magnificent painting. Highlighting the contribu- Mr. Speaker, Ms. Gabriella F. Koszorus- mitted there. tion of Colonel Michael Kovats de Fabricy in Varsa’s work is inspiring and has the enduring Mr. Payne’s diligent efforts to restore de- the Revolutionary War, this painting was dis- quality that many artists seek. She has en- mocracy and human rights throughout the played in my office in the Capitol for many sured that Colonel Kovats is properly remem- globe have led him to bring to light the recent years. Using the closing line of the letter Colo- bered, as well as the astronauts who lost their atrocities in Sudan. In the 108th Congress, Mr. nel Kovats wrote to Benjamin Franklin when lives in our quest to go to the moon. I invite Payne successfully guided the passage of a he offered his expertise in fighting for our my colleagues to view all of her wonderful resolution declaring genocide in Darfur, independence, ‘‘Fidelissimus ad Mortem’’ paintings and sculptures. (most faithful unto death) symbolizes how far Sudan. Additionally he saw the Sudan Peace f a foreign national would go to help us achieve Act come to fruition. This law, a comprehen- the ideal of freedom. After meeting with Gen- A TRIBUTE TO THE HONORABLE sive solution to the war in Sudan as well as eral Washington, he was given the charge of DONALD M. PAYNE a plan for famine relief efforts, was the result training the American Light Cavalry. Colonel of more than 2 years work by many organiza- Kovats led the light cavalry; the hussars, HON. BILL PASCRELL, JR. tions. Anti-slavery groups, churches and com- which were a legion made up of French, Ger- OF NEW JERSEY munity groups were among the organizations man, Poles and other nationalities. Colonel IN THE HOUSE OF REPRESENTATIVES involved in working with Mr. Payne on this Kovats died in the battle of Charleston, South most important issue. Tuesday, February 15, 2005 Carolina, on May 11, 1779. Mr. Payne has done much humanitarian Mr. Speaker, Ms. Koszorus-Varsa displayed Mr. PASCRELL. Mr. Speaker, I would like to work on both the international and local level. her deft touch in creating this magnificent call to your attention the life and work of a fel- He has served on the board of directors of the painting. Wanting to replicate the battlefield low colleague, The Honorable Donald M. National Endowment for Democracy, Trans- charge truthfully, she researched everything Payne of New Jersey’s 10th Congressional Africa, Discovery Channel Global Education down to the most intricate detail—from the District Mr. Payne was recognized on Tues- color of the uniforms to the kind of horses that day, February 15, 2005 as a recipient of the Fund, The Boys and Girls Clubs of Newark, would have been ridden and the formation that Essex County Dr. Martin Luther King, Jr. The Newark YMCA and the Newark Day Cen- the hussars would use when attacking. The Leadership Award. It is only fitting that we ter. blue cloaks of the men flanking Colonel honor our colleague Mr. Payne, in this, the While many of his efforts focus on cor- Kovats came from a book in the Library of the permanent record of the greatest freely elect- recting atrocities in developing nations, the im- ‘‘Daughters of the American Revolution’’ as ed body on Earth. plications extend far beyond the regions in- they paraded through Philadelphia. Colonel Mr. Payne is truly a role model for the Afri- volved. His goal to improve the quality of life Kovats wears the prominent red uniform which can-American community. His devotion to ad- for those who cannot defend themselves is re- he wore in one of his services as commander vancing human and civil rights on an inter- markable. Donald truly exemplifies the notion of the ‘‘Free Hussars’’ in the Army of Frederick national scale is unparalleled. While he is a of a global community and that we are all re- the Great, King of Prussia. proven leader in the Congress, Mr. Payne’s sponsible for our fellow man. Ms. Koszorus-Varsa, who memorialized the devotion to improving the community at large heroic deeds of Colonel Kovats, grew up in began as a result of his deep roots in Newark, Mr. Speaker, I am honored to share the re- Budapest, Hungary as the daughter of the re- New Jersey. sponsibility of representing communities in nowned art professor Elemer Fulop de A native of Newark, Mr. Payne attended Essex County, New Jersey along with Mr. Felsoeor. Following in her father’s footsteps, Seton Hall University. After completing his un- Payne. He is a true humanitarian and is more she earned a Master’s Degree from the Acad- dergraduate education, Mr. Payne pursued than deserving of the honor bestowed upon emy of Fine Arts in Budapest, Hungary, and graduate studies at Springfield College in him today. I ask you to join with a grateful began teaching at the American University in Massachusetts. His professional career com- County of Essex and our colleagues in recog- Heidelberg, Germany in 1947. Ms. Koszorus- menced in the Newark Public Schools where nizing the truly outstanding achievements of Varsa and her husband, Colonel Ferenc Mr. Payne taught. He went on to hold an ex- the Honorable Donald M. Payne.

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

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00124 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2360 EXTENSIONS OF REMARKS February 15, 2005 HONORING OAKLAND COMMUNITY Go Red for Women Luncheon on Thursday, CONSUMER CHECKING ACCOUNT HOUSING, INC. February 17, 2005, in Fresno, CA. FAIRNESS ACT In 1995, Dr. Catherine Winchester attained HON. BARBARA LEE her Doctor of Medicine degree from the Uni- HON. CAROLYN B. MALONEY versity of California-Irvine, College of Medi- OF CALIFORNIA OF NEW YORK cine. After receiving her degree she completed IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES her internal medical residency at Stanford Uni- Tuesday, February 15, 2005 versity Medical Center and completed a cardi- Tuesday, February 15, 2005 Ms. LEE. Mr. Speaker, I rise today to honor ology fellowship at University of California- Mrs. MALONEY. Mr. Speaker, today I am the outstanding work of Oakland Community Davis. reintroducing the Consumer Checking Account Housing, Inc. For the past 30 years, OCHI has Dr. Winchester has tirelessly worked to Fairness Act. This bill solves a pressing con- provided a truly invaluable service to the com- raise awareness of the fact that heart disease sumer banking problem. Under the Check 21 munity by producing and managing quality af- is the No. 1 killer of women in the United Act that we passed last year, money will leave fordable housing throughout the East Bay. States. She served as keynote speaker of last consumers’ accounts faster, but become avail- OCHI came into existence in 1974, when year’s Go Red for Women luncheon and, as able at the same old pace. Current check hold the construction of Oakland’s City Center re- the only female cardiologist in California’s times, combined with the speeding up of sulted in the demolition of 12 square blocks in Central Valley, she has empowered women to check processing, create real problems for the downtown district. When grassroots orga- live longer and stronger lives through her ef- consumers. nizations, including the Black Panther Party, forts to help women identify risk factors for The new Check 21 law facilitates the elec- the Oakland Citizens’ Committee for Urban heart disease. tronic clearing of checks, which means that Renewal, and the Oakland Legislative Council She is an ardent supporter of the American checks consumers write will clear sooner. for Seniors successfully sued the city for the Heart Association’s work to further medical re- However, banks are still allowed to place the replacement of the over 300 lost units, OCHI search and advance knowledge in the areas same long check holds on consumers’ depos- received the grant for that rebuilding project. of prevention and treatment of heart disease its. That project was the first step in a journey and stroke. For example: Jane Doe gets paid on Friday, which has enriched countless lives over the Mr. Speaker, it is my pleasure to honor Dr. deposits her paycheck Friday evening, and past 30 years. Catherine Winchester for receiving the Amer- writes a check at the grocery store the next Since the completion of that first project, ican Heart Association’s Giving Heart Award. I day. The check to the grocery store on Satur- Eldridge Gonaway Commons, in 1982, OCHI’s urge my colleagues to join me in praising Dr. day clears on Sunday or Monday, but because construction on new projects has been contin- Winchester’s efforts and in wishing her many Jane’s bank puts a hold on her deposit, her uous. In working to meet the rental and home- years of continued success. paycheck funds cannot be used to cover her ownership needs of low-income families, sin- f checks until the next Wednesday—even if the gle adults, the formerly homeless, persons ESSEX HIGH SCHOOL MEDALS IN paycheck has in fact already cleared. If Jane’s with substance abuse issues, mentally chal- FIRST APPEARANCE IN employer uses a non-local bank to issue her lenged adults, and seniors, OCHI has suc- CHEERLEADING CHAMPIONSHIP paycheck, Jane’s bank can make her wait till cessfully completed over 1,000 units of afford- the next Monday—ten calendar days—before able housing units on 18 properties. In addi- HON. BERNARD SANDERS her pay is available to cover the checks she tion to developing properties in a variety of writes. OF VERMONT Even if Jane’s paycheck actually clears ways to meet the diverse needs of the popu- IN THE HOUSE OF REPRESENTATIVES lations it serves, OCHI has also developed within a day or two, her bank does not have some of its properties in partnership with less Tuesday, February 15, 2005 to lift the hold. Instead, Jane’s bank can: experienced community housing developers Mr. SANDERS. Mr. Speaker, it is with great bounce her check and charge her a ‘‘non-suffi- as an investment in community capacity build- pride that I salute the Essex High School cient funds’’, NSF fee of$20 to $35. The gro- ing. Indeed, when OCHI undertakes to con- Cheerleaders, from Essex Junction, Vermont, cery store may also charge a returned check struct or renovate a property, it not only builds for winning third place in the National High fee or clear the check but charge a $20 to $35 a home for its future residents, but creates a School Cheerleading Championship on Feb- ‘‘bounce protection’’ fee, and possibly a per new beginning that changes entire neighbor- ruary 12 in Orlando, Florida. day fee as well for each day before deposited hoods for the better. The Hornet cheerleaders were competing funds are available to cover the check. OCHI recently celebrated its 30th anniver- for the first time. But they knew they had Bounce protection may be a service she has sary, and I would like to take this opportunity something going for them, despite their rel- never requested—and it may be invoked by to recognize its incredibly important work. With ative inexperience: They had already won the the bank even though Jane had made a de- quality affordable housing so scarce in the first place award at the New England Regional posit to cover the check before writing the Bay Area, OCHI has provided an invaluable qualifier last fall. That victory, of course, put check. resource to the communities it has served. I them on a collision course with the nation’s This is patently unfair to consumers. Check salute OCHI for its dedication to meeting the very best cheerleading teams, all thirty-one of hold times should be shortened, so consumers housing needs of low-income homeowners them. After a tough preliminary round, Essex can use their deposits to cover the checks and renters in dozens of communities over the was in fourth place, one spot out of the med- they write after making a deposit. past 30 years, and for the profound and last- als. But they bore down in the finals, and Check 21 only required that the Federal Re- ing impact its tireless work has had on count- leaped into the medals with a third place, out- serve Board study check hold times, and gave less lives. paced only by the three-time national cham- the Federal Reserve Board until March 2007 f pion, Sparkman High of Alabama, and a tal- to finish that study. ented team from Archbishop Shaw High The ‘‘Consumer Checking Account Fairness HONORING DR. CATHERINE School in Louisiana. Act’’ solves this problem. The bill: WINCHESTER These exceptional young athletes and their Reduces check hold times by a day for de- coaches at Essex High School have worked posits up to $7,500. HON. GEORGE RADANOVICH long and hard to achieve this national recogni- Counts Saturday as a business day toward OF CALIFORNIA tion. Combining grace with athleticism, they the check hold period if the bank takes money IN THE HOUSE OF REPRESENTATIVES have shown the nation that with determination out of consumer accounts on Saturdays. and the desire to excel, any door may be Requires banks to process credits before Tuesday, February 15, 2005 opened, even a door leading to a top place in debits: i.e. add deposits before deducting Mr. RADANOVICH. Mr. Speaker, I rise national competition. checks. today to honor Dr. Catherine Winchester for All of Essex High School, all of Essex and Prevents banks from charging bounced receiving the American Heart Association’s Essex Junction, all of Vermont, are proud of check fees when the deposit to cover the Giving Heart Award. Dr. Winchester will be these young women and men. May this be the check has actually cleared but the hold period honored at the American Heart Association’s beginning of a proud new tradition. has not yet been completed.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00125 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 EXTENSIONS OF REMARKS 2361 Increases the ‘‘small check’’ amount, for Upper Peninsula Substance Enforcement rollcall 31, February 10, H.R. 418, on pas- which there is faster funds availability, from Team (UPSET). During his final tenure as sage. $100 to $500. commander of UPSET, his multi-jurisdictional f Requires banks that wish to charge for so- street narcotics team covered twelve counties called ‘‘bounce protection’’ to get the con- of Michigan’s Upper Peninsula. HONORING ANNE MARIE FER- sumer to request this feature before charging After three years leading UPSET, Mr. GUSON OF THE LADIES ANCIENT fees to the consumer for it. Denecke was promoted to First Lieutenant, ORDER OF HIBERNIANS Clarifies that deposits at proprietary ATMS and made commander of the Manistique Post. are cleared as fast as deposits at a teller. Known as ‘‘the LT’’ to the officers at the post, HON. JAMES T. WALSH Requires that banks who charge a fee for a F/Lt. Denecke has earned a reputation OF NEW YORK ‘‘substitute check’’ under Check 21 cannot in- throughout his career as a strong leader who IN THE HOUSE OF REPRESENTATIVES sist that the consumer get a substitute check goes out of his way to help the officers under Tuesday, February 15, 2005 in order to have the bank put funds missing him grow and advance professionally. due to a processing error back into the con- On a personal note, Mr. Speaker, as a Mr. WALSH. Mr. Speaker, I rise today to sumer’s account within ten business days. former State Trooper myself, I have had the recognize the accomplishments and dedication The Consumer Checking Account Fairness pleasure of knowing F/Lt. Denecke over the of Anne Marie Ferguson to the Ladies Ancient Act is balanced and sensible. It preserves the years, particularly during his time undercover Order of Hibernians State Board of New York ability of banks to prevent fraud. For example, and when he was on the Governor’s detail. I State. it leaves in place the ability of a bank to im- have always enjoyed his friendship, and ad- Anne Marie Ferguson, the LAOH New York pose a longer hold period for special cir- mired his service to the people of Michigan’s State President, has been a dedicated mem- cumstances, such as a new account or a re- First Congressional District. ber for 36 years. She is a Syracuse native cent history of bounced checks on an account. Although F/Lt. Denecke’s career with the who graduated from Bishop Ludden High Also, the bill does not require banks to issue Michigan State Police has ended, he will con- School and then went on to graduate from ‘‘substitute checks’’ under the Check 21 law tinue to serve the public as the Michigan Mu- Maria Regina College in Syracuse. without any fee; instead it simply says that if nicipal Risk Management Authority’s Upper Her many years of dedication to the LAOH the bank decides to charge for the substitute Peninsula representative. In this new role, he resulted in her becoming a board member check, then the bank cannot insist that the will be helping local governments reduce their some 12 years ago. This in turn led to her consumer get that document in order to exer- personal and liability risks while better serving election as State President in July 2003 where cise the consumer’s right to a ten business their residents. she serves as a respected leader of this very day timeframe to get back funds lost due to a Mr. Speaker, I ask the House of Represent- important organization. The Hibernians clearly check processing problem, such as a check atives to join me in thanking First Lieutenant recognized the talent of this special person. I being paid twice. Kevin R. Denecke for his 25 years of service must also acknowledge with pride her con- Banks benefit from faster check-processing to the people of the State of Michigan and in tinuing role as both mother and grandmother facilitated by Check 21. They should also have wishing him well in his new position. His com- to her three children and two grandchildren. to give their customers faster credit for depos- mitment to community and to justice have They are very proud of her with good reason. its. been a model of public service. He will be It is an honor and a privilege to recognize f missed by the Michigan State Police and the the dedication of Anne Marie Ferguson to the people he so competently and bravely served. Ladies Ancient Order of Hibernians State FIRST LIEUTENANT KEVIN R. f Board of New York State. Her service and DENECKE dedication to this organization is greatly appre- PERSONAL EXPLANATION ciated. HON. BART STUPAK f OF MICHIGAN HON. TOM FEENEY IN HONOR OF THE UNI-CAPITOL IN THE HOUSE OF REPRESENTATIVES OF FLORIDA WASHINGTON INTERNSHIP PRO- IN THE HOUSE OF REPRESENTATIVES Tuesday, February 15, 2005 GRAM Mr. STUPAK. Mr. Speaker, I rise today to Tuesday, February 15, 2005 pay tribute to an outstanding member of the Mr. FEENEY. Mr. Speaker, on the dates of HON. MICHAEL N. CASTLE Michigan State Police, First Lieutenant Kevin February 8–10, 2005, I was absent from ses- OF DELAWARE Denecke. On January 28th, F/Lt. Denecke re- sion attending to personal matters following IN THE HOUSE OF REPRESENTATIVES tired as the Commander of the Manistique the death of a family member. I was unable to State Police Post in Michigan’s Upper Penin- attend 12 votes held during my absence. I Tuesday, February 15, 2005 sula, closing the final chapter of his career would like to note for the record that had I Mr. CASTLE. Mr. Speaker, each year Amer- dedicated to serving the people of the State of been present I would have voted as follows: ica hosts thousands of foreign students from Michigan. F/Lt. Denecke’s 25 years as a law ‘‘Yea,’’ rollcall 20, February 8, H. Res. 46, around the globe. For those of us who de- enforcement officer and leader stand as a on motion to suspend the rules and agree; velop a professional or personal relationship shining example to us all. ‘‘yea,’’ rollcall 21, February 8, H.R. 315, on with any of these individuals, we are truly en- A native of the Detroit area, Kevin R. motion to suspend the rules and pass; ‘‘yea,’’ riched by their different perspective on the Denecke graduated from Edsel Ford High rollcall 22, February 8, H.R. 548, on motion to world. My staff has been fortunate enough to School in Dearborn, Michigan in 1974. He suspend the rules and pass; ‘‘yea,’’ rollcall 23, host a young woman from Australia, Rhiannon then went on to attend Northern Michigan Uni- February 9, H. Res. 71, on consideration of Riches. Driven by her insatiable desire for versity in Marquette where he earned a Bach- the resolution; ‘‘yea,’’ rollcall 24, February 9, knowledge and experience, Rhiannon has elor of Science degree in law enforcement and H. Con. Res. 6, on motion to suspend the quickly become an asset to me, my staff, and security administration, graduating cum laude rules and pass; ‘‘yea,’’ rollcall 25, February 9, the state of Delaware. Every day, her pres- in 1978. H. Con. Res. 26, on motion to suspend the ence reminds us of the innumerable benefits In the fall of 1979, Kevin began his career rules and agree; ‘‘yea,’’ rollcall 26, February 9, available through cross-cultural exchange. with the Michigan State Police as a graduate H. Con. Res. 30, on motion to suspend the For over 100 years, Australia and the United of the 96th Recruit School, and was assigned rules and agree, as amended; ‘‘yea,’’ rollcall States have enjoyed a unique partnership that to the Munising Post. Over the years he has 27, February 10, H. Res. 75, on agreeing to has endured world wars, economic malaise, served in communities across the State of the resolution; ‘‘nay,’’ rollcall 28, February 10, and our current battle with terrorism. This tra- Michigan as a shift supervisor, a narcotics offi- H.R. 418, on agreeing to the amendment dition continues through the Uni-Capitol Wash- cer, on the Governor’s security detail, and as (NADLER); ‘‘nay,’’ rollcall 29, February 10, H.R. ington Internship Program, which provides a unit commander. 418, on agreeing to the amendment (FARR); Australian students with the opportunity to ex- In May 1989, he was promoted to Detective ‘‘nay,’’ rollcall 30, February 10, H.R. 418, on perience American democracy first-hand Lieutenant and became the commander of the motion to recommit with instructions; ‘‘yea,’’ through internships with Congressional offices.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00126 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2362 EXTENSIONS OF REMARKS February 15, 2005 The Uni-Capitol Program is the pro bono ef- Frederick Douglass was born into slavery, tation Fringe Benefits to employees who fort of former long-time House and Senate and after eventually buying his freedom he choose to commute by bicycle, eliminating the staffer Eric K. Federing. During the 1990s, Mr. went on to become a popular orator, author disincentive for this alternative mode of trans- Federing made extensive visits to Australian and publisher. He fought against discrimina- portation. universities, where he lectured on government, tion of all types throughout his lifetime. Mr. It’s time to level the playing field for bicycle politics, and news media. These visits were Douglass played a great role in bringing about commuters. Bicycling is one of the cleanest, his impetus for the successful program that the abolition of slavery in America. He worked healthiest, most energy-efficient and environ- Uni-Capitol is today. for women’s rights as well, stating, ‘‘I would mentally friendly modes of transportation that Currently, there are seven universities par- give women the vote, precisely as I insisted exist today. Nearly 500,000 Americans already ticipating from across Australia. A dozen stu- upon giving the colored man the right to vote. ride their bicycles to work on a daily basis, dents travel to Washington, DC annually as Right is of no sex—truth is of no color—God and 52 percent of Americans want to bike part of the exchange, which has received sup- is the Father of us all and we are all breth- more than they do. According to the Bureau of port from both the U.S. and Australian govern- ren.’’ Toward the end of his life, Mr. Douglass Transportation Statistics, bicycles are second ments. In 2004, Mr. Federing’s firm, KPMG served as a recorder of deeds and marshall only to cars as a preferred mode of transpor- LLP, recognized the significance of the pro- for the District of Columbia and also as an tation, demonstrating their significant potential gram with a Chairman’s Award for Excellence ambassador to Haiti. for commuter use. Many Americans own one in Volunteerism. However, according to Mr. I encourage my colleagues to remember or more bicycles, but limit their use to rec- Federing, the enthusiastic students who em- this great man during this month honoring reational purposes. At a time when commu- brace this incredible opportunity are the true those who have played such an important part nities across the country are seeking to re- beating heart of the program. in our Nation’s history. duce traffic congestion, improve air quality, in- Mr. Speaker, I know that our experience has f crease the safety of their neighborhoods, and not been unique. The other students and con- decrease petroleum dependence, bicycles gressional hosts in 2005 should be congratu- PERSONAL EXPLANATION offer a wonderful alternative to driving for the lated for participating in this exchange: Julian more than 50 percent of the working popu- Barendse (Melbourne University) in the office HON. ANNA G. ESHOO lation who commute five miles or less to work. of Sen. CHUCK HAGEL of Nebraska; Anna Bir- OF CALIFORNIA In addition, since the adoption of ISTEA in mingham (University of Western Australia) in IN THE HOUSE OF REPRESENTATIVES 1991, Federal spending on bicycle facilities the office of Rep. BOB NEY of Ohio and the and infrastructure has increased dramatically, Tuesday, February 15, 2005 House Administration Committee, majority; contributing to a significant improvement in the Kirstan Fulton (University of Wollongong) in Ms. ESHOO. Mr. Speaker, due to reasons bicycling environment in a variety of commu- the office of Rep. SAM FARR of California; beyond my control, I was unable to vote Feb- nities. Alethea Giles (Macquarie University) in the of- ruary 8 through February 10 of this year. I This legislation is an important step in mak- fice of Rep. JERROLD NADLER of New York; would like the RECORD to reflect how I would ing the Federal Government a better partner Sana Nakata (Melbourne University) in the of- have voted on the following votes. for more livable communities. The Federal fice of Rep. ALCEE HASTINGS of Florida; On rollcall vote No. 20 I would have voted Government should further support these Yvonne Oberhollenzer (University of Queens- ‘‘yea,’’ on rollcall vote No. 21 I would have goals by providing transportation benefits to land) in the office of Rep. LORETTA SANCHEZ of voted ‘‘yea,’’ on rollcall vote No. 22 I would people who choose to commute in a healthy, California; Lauren Reed (Deakin University) in have voted ‘‘yea,’’ on rollcall vote No. 23 I environmental, efficient and neighborhood- the office of the House Transportation and In- would have voted ‘‘no,’’ on rollcall vote No. 24 friendly fashion. frastructure Committee, minority; Peita Rich- I would have voted ‘‘yea,’’ on rollcall vote No. f ards (Macquarie University) in the office of the 25 I would have voted ‘‘yea,’’ on rollcall vote A TRIBUTE TO JOYCE WILSON House Administration Committee, minority; An- No. 26 I would have voted ‘‘yea,’’ on rollcall HARLEY, ESQ. thony Skews (Melbourne University) in the of- vote No. 27 I would have voted ‘‘no,’’ on roll- fice of the House Science Committee, major- call vote No. 28 I would have voted ‘‘yea,’’ on ity; Luke Toy (University of Canberra) in the rollcall vote No. 29 I would have voted ‘‘yea,’’ HON. BILL PASCRELL, JR. office of Sen. CHRISTOPHER DODD of Con- on rollcall vote No. 30 I would have voted OF NEW JERSEY necticut; and, Ariella Webb (Melbourne Univer- ‘‘yea,’’ on rollcall vote No. 31 I would have IN THE HOUSE OF REPRESENTATIVES sity) in the office of the House Small Business voted ‘‘no.’’ Tuesday, February 15, 2005 Committee, majority. f In closing, Mr. Speaker, I am grateful to our Mr. PASCRELL. Mr. Speaker, I would like to Australian friends for their unbridled enthu- INTRODUCTION OF BIKE call to your attention the work of a woman I siasm, tireless work ethic, and friendship over COMMUTER ACT am proud to represent in Congress, Joyce Wil- these past two months. The relationships we son Harley, Esq. Ms. Harley was recognized have forged here will last a lifetime, and it is HON. EARL BLUMENAUER as a recipient of the Essex County Dr. Martin my sincere hope that every congressional of- Luther King, Jr., Leadership Award on Feb- OF OREGON fice partake in a similar endeavor. ruary 15, 2005. IN THE HOUSE OF REPRESENTATIVES It is only fitting that Joyce Wilson Harley be f Tuesday, February 15, 2005 honored in this, the permanent record of the HONORING FREDERICK DOUGLASS greatest freely elected body on Earth, for she IN CELEBRATION OF BLACK HIS- Mr. BLUMENAUER. Mr. Speaker, today, has a long career of dedication to public serv- TORY MONTH Congressman MARK FOLEY and I are intro- ice. ducing legislation to extend commuter benefits Joyce’s recognition today as a recipient of to bicyclists. This important legislation includes the Essex County Dr. Martin Luther King, Jr. HON. FRANK R. WOLF bicycles in the definition of transportation cov- OF VIRGINIA Leadership Award is quite appropriate. As the ered by the qualified transportation fringe ben- IN THE HOUSE OF REPRESENTATIVES first African American elected to the Board of efit. Trustees for the Village of South Orange, Tuesday, February 15, 2005 Currently, employers may offer a Transpor- Joyce has been a leader and a role model in Mr. WOLF. Mr. Speaker, in celebration of tation Fringe Benefit to their employees for the African-American community. Black History Month, I would like to honor commuting to work. Employees who take ad- After completing her honors degree at the Frederick Douglass, a great advocate of vantage of this program may receive a tax ex- Douglass College of Rutgers University, Joyce human rights. The Caring Institute along with emption benefit totaling $200 for participating went on to complete her Juris Doctorate at the National Park Service is celebrating the in qualified parking plans or $105 for transit or Rutgers Law School. In addition to serving as 187th birthday of Frederick Douglass with an van-pool expenses. Employees may also opt a Village Trustee in South Orange, Joyce was event called ‘‘Honoring Frederick Douglass: A to take cash compensation instead, which is also elected Village President. Celebration of Black History.’’ The celebration subject to employment taxes. The Bike Com- Prior to assuming her current position as was held at Ford’s Theatre on February 14. muter Act would extend these same Transpor- Executive Director of the Newark Downtown

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00127 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 EXTENSIONS OF REMARKS 2363 District, Joyce has held numerous positions in Born in Jacksonville, Florida, Tom spent his Michelle Giannetta is a true inspiration to us the area of community and neighborhood de- early childhood years there with his grand- all. As an active volunteer for her local Amer- velopment. One of her most prominent roles mother, who he believes was a former slave. ican Heart Association chapter, Michelle has was during her tenure as the Executive Direc- He then spent a brief period living in Harlem offered her personal experience to help others tor of the New Jersey Multi City Local Initia- during the years leading up to World War I, recognize the risk of heart disease. tives Support Corporation (LISC). Under her before finally moving to Chico, California in Young and athletic, Michelle received the leadership, NJ LISC expanded its investment 1919. Upon his graduation from Chico High shock of her life when she discovered she suf- in the 14 municipalities it serves to twice its School in 1926, Tom worked as a bellhop for fered from a rare heart condition. At the age original size. the Admiral Line, and then as a cook for of 28, Michelle endured a near fatal heart at- Ms. Harley’s devotion to community devel- Southern Pacific Railroad before entering the tack when the artery into her heart spontane- opment extends far beyond simply completing field of journalism in the 1930s as an unpaid ously dissected. It is the same rare heart con- the task at hand. Her efforts were instrumental writer for the Spokesman, a progressive black dition that took the life of actor John Ritter. in the state of New Jersey implementing a newspaper in San Francisco. He soon re- After undergoing a grueling triple bypass op- Neighborhood Revitalization Tax Credit law. turned to Chico, however, and studied political eration, she remained under close watch in an This law brings $20 million in new investment science at Chico State University for three se- intensive care unit, surviving with the aid of a in New Jersey’s most distressed cities. mesters during the height of the Great De- balloon pump. Young and in peak physical Beyond her post with the Newark Downtown pression. He then returned to the Bay Area, condition, she realized that many, especially District, Joyce also donates her time for other where he worked briefly for the Oakland Trib- young women, need to understand the threat worthy projects. She is currently the president une in 1934, making him the only black jour- of heart disease. of the Board of Trustees of the Newark Emer- nalist to work for a daily newspaper on the Since then, Michelle has worked tirelessly to gency Services for Families. Ms. Harley is West Coast. increase awareness of heart disease through- also a past president of the Association of In 1944, Tom became the founding editor of out her community. She serves on numerous Black Women Lawyers of New Jersey. a San Francisco newspaper called the Re- committees of her local American Heart Asso- Mr. Speaker, I am far from the first to recog- porter, which was soon merged with a paper ciation chapter and has helped to organize nize the outstanding contributions of Ms. Har- owned by his closest friend, legendary civil events, such as the Fresno Heart Walk, an ley. In addition to receiving numerous awards rights leader Dr. Carlton B. Goodlett. The pub- offshoot of the American Heart Association’s for her work as the Director of Community De- lication that emerged, the San Francisco Sun- National Heart Walk, an event that occurs velopment for First Union and Fleet Banks, Reporter, is still in print, and is one of the each year in some 600 cities and has raised Joyce has also been recognized twice by the longest-running African-American newspapers more than $406 million for research and edu- New Jersey State Legislature. in the country. During the civil rights move- cational programs. In addition, Michelle is a The New Jersey State Council on the Hu- ment, when many African-American publica- local spokeswoman for the American Heart manities awarded Joyce its first ever Civic tions struggled to find enough advertising Association’s Go Red for Women campaign Leadership award. In 2003 the Women in money to keep them in business, Tom re- launched in February 2004. Support of the Million Man March awarded mained devoted to the black press, and be- In addition to her volunteer efforts, Michelle Joyce the coveted Community Relations came renowned for the work he did reporting Giannetta continues to help others by serving award for her leadership in facilitating the re- on this era. Throughout the 53 years he spent in my Fresno congressional district office as a ceipt of financial assistance by community writing for the Sun-Reporter, Tom met and Staff Assistant, specializing in immigration groups throughout the state in order to com- shared the struggles of several historic figures matters. plete much needed neighborhood revitalization in the black community, such as Langston Michelle, together with her husband Bret, projects. Hughes, Malcolm X, Thurgood Marshall, and have two sons, Alex and Matthew. Mr. Speaker, the job of a United States Dr. Martin Luther King, Jr. He also became Mr. Speaker, I rise today to honor Michelle Congressman involves so much that is re- well-known for writing a series of eighty col- Giannetta on the occasion of receiving the warding, yet nothing compares to learning umns entitled ‘‘Reflections on Black History,’’ American Heart Association’s Champions of about and recognizing the extraordinary efforts and for receiving the Career Achievement Heart Award. I urge my colleagues to join me of individuals such as Ms. Harley. I ask that Award for Print from the Northern California in wishing Michelle many more years of con- you join our colleagues, Joyce’s family and Chapter of the Society of Professional Journal- tinued success. friends, the County of Essex, New Jersey and ists. f Although Tom retired from writing full time me in honoring Joyce Wilson Harley, Esq. for for the Sun-Reporter in 1997, he still writes a RECOGNIZING THE IMPORTANCE her history of leadership and community serv- column and editorials for the paper, in which OF ‘‘NO FEAR NO FUTURE’’ PRO- ice. he continues to be an advocate for truth, GRAM IN LAFAYETTE, LA f equality, and social justice. By remaining ac- HONORING THOMAS C. FLEMING tive in and dedicated to this work for over 70 HON. CHARLES W. BOUSTANY, JR. years, Thomas Fleming has contributed im- OF LOUISIANA HON. BARBARA LEE measurably to Alameda County and the San IN THE HOUSE OF REPRESENTATIVES Francisco Bay Area. On behalf of the 9th Con- Tuesday, February 15, 2005 OF CALIFORNIA gressional District, I salute and congratulate IN THE HOUSE OF REPRESENTATIVES Mr. BOUSTANY. Mr. Speaker, I rise today him for his many years of invaluable service. to recognize the importance of NO FEAR NO Tuesday, February 15, 2005 f FUTURE: A Campaign Against Drinking and Ms. LEE. Mr. Speaker, I rise today to honor HONORING MICHELLE GIANNETTA Driving. This very worthwhile program is spon- the extraordinary contributions of Thomas C. sored by the Junior League of Lafayette, LA Fleming, an icon in the history of African- HON. GEORGE RADANOVICH and is being presented today and tomorrow to American journalism. Tom has led a distin- the very distinguished students of Acadiana OF CALIFORNIA guished career as a print journalist for more High School. IN THE HOUSE OF REPRESENTATIVES than 70 years, working during the majority of The purpose of this program is to promote that time for the African-American newspaper Tuesday, February 15, 2005 responsible decisionmaking by high school he co-founded in 1944, the San Francisco Mr. RADANOVICH. Mr. Speaker, I rise students regarding drinking and driving. The Sun-Reporter. On this date, the day before his today to honor Michelle Giannetta of Fresno, program demonstrates how irresponsible deci- 97th birthday, Tom will be recognized in a CA upon receiving the Champion of Hearts sions can end all dreams for both those who ceremony marking not only the renaming of Award from the American Heart Association. choose to drink and drive and those who end the library at New College of California, East Mrs. Giannetta will be presented with the up being the innocent victims of those drivers. Bay in his honor, but also a lifetime of truly Champion of Hearts A ward at the American Too many families have been shattered be- outstanding achievement and leadership within Heart Association’s Go Red for Women cause of irresponsibility, and it is my hope that the black community as well as the journalistic Luncheon on Thursday, February 17th, 2005 this program can change the mindset of our profession. in Fresno, CA. young people and save lives.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00128 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2364 EXTENSIONS OF REMARKS February 15, 2005 I applaud the Junior League of Lafayette for garding their future, and their liberty mustn’t attracted so many of us to her in the first taking an interest in bettering the lives of our be taken away from them by any adversary. place. future generations, and I applaud the students f Muff left the Assembly in 1981 to become a of Acadiana High School for taking it upon full time mother and begin a new career—au- themselves to guarantee that their friends and IN MEMORY OF MUFF SINGER thor of children’s books. She had already pub- classmates do not become a statistic. There lished her first book, the ‘‘Mystery Reader’s are choices that every student will be faced HON. HOWARD L. BERMAN Quiz Book’’, co-authored with Robert A. with. My hope is that through this campaign, OF CALIFORNIA Wager and Aneta Corsault. Muff wrote or co- the bright students of Acadiana High School IN THE HOUSE OF REPRESENTATIVES wrote more than 35 books for toddlers and preschoolers. In addition to picture books, she and of all schools throughout the 7th District, Tuesday, February 15, 2005 realize that drinking and driving is never an co-wrote with Nancy Lamb a book for older option. NO FEAR really does mean NO FU- Mr. BERMAN. Mr. Speaker, I rise to pay children, ‘‘The World’s Greatest Toe Show,’’ TURE. tribute to the memory of Muff Singer, my which received great reviews. She often said former administrative assistant and dear f her favorite book was one written with her friend. After a long and bitter fight with ovarian daughter Sarah called ‘‘Look Around with Little CHINA’S ANTI-SECESSION LAW cancer Muff died on January 16, 2005. Fish.’’ Muff was born in Chicago, February 14, Muff is survived by her husband, former Los HON. PETE SESSIONS 1942, and early in life she became involved Angeles City Controller Rick Tuttle, her daugh- OF TEXAS with the struggle for progressive social change ter Sarah, her parents Bernard and Goldryn Singer, sister Caren and a niece and nephew. IN THE HOUSE OF REPRESENTATIVES through the political process. While at the Uni- versity of Texas in the early 1960s she partici- Mr. Speaker, I asked my colleagues to join Tuesday, February 15, 2005 pated in civil rights picket lines, protesting the me to honoring the legacy of Muff Singer who Mr. SESSIONS. Mr. Speaker, in mid-Janu- racial segregation of the University dormitories lived an incredible, fulfilling and inspirational ary China and Taiwan agreed to allow direct and Austin movie theaters. Muff led the way life. flights between the Chinese mainland and Tai- for the racial integration of one of the Univer- f wan during this year’s Lunar New Year holi- sity’s honor societies. She graduated Phi Beta HONORING AFRICAN AMERICAN days. This agreement was considered a Kappa in 1964 and then attended New York HISTORY MONTH breakthrough in cross-strait relations and University for a year of graduate work in his- could signal the beginning of a thaw in rela- tory. She joined the Peace Corps in 1965 and tions. Unfortunately, we learned that in March taught language for two years at the Iwahig HON. HILDA L. SOLIS OF CALIFORNIA this year Beijing will enact an anti-secession Penal Colony on the Island of Palawan, Phil- IN THE HOUSE OF REPRESENTATIVES law, the intent of which is to force unification ippines. She returned to California to work in on Taiwan. the presidential campaign of Senator Robert Tuesday, February 15, 2005 The anti-secession law assumes China’s ju- F. Kennedy in 1968 during which time she met Ms. SOLIS. Mr. Speaker, I rise to recognize risdiction over Taiwan and gives China the her future husband Rick Tuttle. and honor the past and present achievements right to invade Taiwan when and if China con- I was introduced to Muff through Rick Tuttle, of African Americans as we celebrate African siders the invasion necessary. This law se- my good friend from UCLA. Muff became my American History Month. verely erodes Taiwanese people’s goodwill for campaign coordinator for my first race for the African Americans in arts, business, edu- China. In recent years, Taiwanese businesses California State Assembly, performing Hercu- cation, literature, music, politics, science and have invested as much as $100 billion in lean tasks 18 hours a day, seven days a sports have helped shape the nation. Over- China and have directly created the Chinese week, for more than seven months. In an un- coming enormous obstacles and racial bar- miracle of unprecedented economic growth believably chaotic, extremely competitive and riers, the African American community has and prosperity. Instead of reciprocating Tai- often nasty political campaign, she conducted made enormous contributions to our everyday wanese goodwill, China is now attempting to herself with strength, determination, grace and world. Let us remember not only outstanding lay the legal groundwork for China’s possible aplomb. heroes such as Dr. Martin Luther King Jr., invasion of Taiwan. For ten years, she was my Administrative Frederick Douglass, and former Congress- Mr. Speaker, it is now time for us to speak Assistant, running my district office while I woman Shirley Chisholm, but also the extraor- up against China’s proposed anti-secession served in the State Assembly. I could have dinary lives of ordinary people who have law. It is an unfriendly law against the Tai- done no better. She led, inspired and moti- helped build our great nation. wanese people as well as a provocative law vated a remarkable staff and dealt with a This year, I want to acknowledge and thank threatening to change the status quo in the plethora of constituent demands—always with the thousands of the African Americans serv- Taiwan Strait. It is possible that the peace-lov- dedication, good judgement and tenacity. With ing in the Armed Services. African Americans ing Taiwanese people may seek their own leg- Muff at the helm, I was able to concentrate on have fought with distinction in every war since islation against China’s annexation attempt. my legislative and political goals in Sac- the Revolutionary War. We honor this proud This will, in turn, inflame Chinese leaders and ramento, confident in the knowledge that she history and all African Americans who risk provoke them to enact even harsher legisla- was taking care of the home front, rep- their lives defending freedom and democracy. tion against Taiwan. Consequently tensions resenting me with dignity, loyalty, competence We are grateful for their service. will rise and war in the Taiwan Strait will be- and integrity. Many of my constituents lives During this month and throughout the year, come a possibility. were better because of her efforts. I encourage those living in California’s 32nd It is still not too late for the Chinese authori- A study in contrasts, Muff was slight of build Congressional District and around the country ties not to enact the anti-secession law and soft of voice but had a ferocity and pas- to take the time to learn about the vast ac- against Taiwan. Taiwanese people and their sion for the righteous way that could bowl over complishments of African Americans and leaders are all peace-loving people who do those that stood in her way. Her earnest and honor African American history. not seek to change the status quo in the Tai- serious demeanor belied an incredibly droll wit f wan Strait. Why must China take upon itself to and joyful bemusement for life’s whimsical INTRODUCING THE KEEPING unilaterally change the status quo? turns. She was immune to the common polit- FAMILIES TOGETHER ACT Friends of Taiwan in the United States must ical affliction of taking herself too seriously. make clear to China that the United States will She saw and participated in the defeat and not stand idly by if China uses force against compromises of political life on a regular HON. FORTNEY PETE STARK OF CALIFORNIA Taiwan. Taiwan Relations Act assures Taiwan basis, yet it never diminished her ardor for jus- IN THE HOUSE OF REPRESENTATIVES of our concern over any military action against tice or her commitment for the less fortunate. Taiwan. The United States will not allow China She was thrust into the flare of public life, but Tuesday, February 15, 2005 to impose its own style of government on the remained a very private person. In a preening Mr. STARK. Mr. Speaker, I rise to join Con- unwilling Taiwan. Taiwanese people must be and boastful profession, she always main- gressmen RAMSTAD and KENNEDY in intro- given their own voice of self-determination re- tained the modesty, humility and empathy that ducing the bipartisan, bicameral ‘‘Keeping

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00129 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 EXTENSIONS OF REMARKS 2365 Families Together Act.’’ This bill would help logical bond between parent and child is un- TRIBUTE TO ADA’S GIVE KIDS A parents obtain necessary mental health treat- necessarily disrupted. Their children feel aban- SMILE PROJECT ment for their severely emotionally disturbed doned and their parents feel guilty over turning children without being forced to relinquish their parental rights and decisionmaking au- HON. ERIC CANTOR them into State custody to get that care. Sen- thority to a State agency. OF VIRGINIA ators SUSAN COLLINS (R–ME) and MARK The stigma is real to families themselves IN THE HOUSE OF REPRESENTATIVES PRYOR (D–AK) are introducing the companion legislation in the Senate. and to those around them. Good parents don’t Tuesday, February 15, 2005 No family should be required to relinquish have their children taken away. But, in fact, Mr. CANTOR. Mr. Speaker, earlier this legal custody of their mentally ill child to a the need to relinquish custody in these in- month, on Friday, February 4, the American State child welfare agency or the juvenile jus- stances doesn’t have anything to do with par- Dental Association marshaled thousands of tice system as their only means of obtaining enting skills. It has everything to do with our dentists and other volunteers across the coun- desperately needed mental health services. system being broken and continuing to allow try to provide dental services to hundreds of Yet as Maryland resident Diana Miller re- these children with significant mental health thousands of children who otherwise would counted to me last year, State officials gave needs to fall through the cracks. not receive them. her this exact ultimatum when she sought po- We have known about this problem for The year 2005 marks the third consecutive tentially life-saving mental health care for her many years. In fact, I first introduced legisla- year for the ADA’s Give Kids A Smile/National daughter, Erica. Children’s Dental Access Day, a project the tion in 1995 attempting to address this issue. Tragically, Diana and Erica Miller are not ADA and its 152,000 member dentists are Since then I have been working with my col- alone in their predicament. In April 2003, the committed to continuing until the nation’s most GAO reported that parents in 19 States placed leagues to educate the public and other mem- vulnerable children have access to proper over 12,700 children in State child welfare or bers of Congress about this issue and to find dental care. juvenile justice agencies in 2001 to obtain a bipartisan solution. In what former Surgeon General Dr. David mental health services for them. We know that Our legislation, the ‘‘Keeping Families To- Satcher called a ‘‘silent epidemic,’’ millions of the nationwide number is even higher because gether Act’’ is the result of this bipartisan and American children suffer with painful, dis- 31 States did not respond to the survey. bicameral process. Our bill provides new fund- figuring and preventable dental disease. They According to GAO, these middle class par- ing to States that are willing to develop sys- cannot eat or sleep properly, cannot pay at- ents find themselves trapped between not tems that assure these children get the mental tention in school, cannot smile. They deserve having the resources to pay for private mental health services they need without pulling apart better. health care and making too much money for their families. ADA, its corporate partners and the thou- their children to be eligible for Medicaid. Par- sands of individuals who participate in Give ents are therefore forced to choose between It provides $55 million over 6 years in new Kids A Smile are determined to wake the na- not treating their child’s severe illness and family support grants to States that are willing tion up to the extent and severity of untreated transferring custody to the State, which has to end the practice of child custody relinquish- dental disease among disadvantaged children. the resources to provide the necessary care. ment and cover all these children’s mental I urge every member of this House to join Families wind up torn apart at the expense of health services under Medicaid, CHIP or any them in that effort. One important way we can the taxpayers. other health program of their choosing. These do that is to show our support by attending A Bazelon Center for Mental Health Law fur- monies can then be used to improve access one or more Give Kids A Smile events in our ther elaborated on the situations that cause to mental health and family support services home districts. You may be dismayed by the parents and guardians to give up their seri- that keep families together. They can also be conditions some of these children live with, but ously emotionally disturbed children to State used to create Statewide care coordination you’ll also be inspired by the spirit, energy and agencies. These situations include the fol- programs and to deliver mental health care generosity of your constituent volunteers. lowing: and family support services for these families. Please contact your state or local dental as- The family has either exhausted their private sociation and show your support for Give Kids health insurance benefits, or their benefits do Additionally, the bill establishes a Federal A Smile. Your doing so will lend momentum to not cover required mental health services (e.g. interagency task force. The task force will the quest for long-term solutions and be a Residential Treatment Program). monitor the family support grants and work wonderful inspiration to the volunteers. The family lives in a State or jurisdiction in with representatives of affected families to f which Medicaid services do not adequately make recommendations to Congress to im- address mental health needs, and agency prove mental health services and to foster CHINA’S PROPOSED ANTI- SECESSION LAW placement provides access or priority status interagency cooperation. The task force is also for entry into needed care. required to provide biannual reports to Con- The family lives in a State or jurisdiction in gress on its progress in improving the delivery HON. MICHAEL K. SIMPSON which children are deprived of federally man- of mental health services to seriously ill chil- OF IDAHO dated mental health services through the Indi- dren. IN THE HOUSE OF REPRESENTATIVES viduals with Disabilities Act (IDEA) as a result Tuesday, February 15, 2005 of an exceedingly restrictive definition of seri- The bill also provides States with the option ous emotional illness. That is, these schools of moving children out of hospital-based psy- Mr. SIMPSON. Mr. Speaker, I join my col- often label these children as solely ‘‘discipline chiatric care and into home- and community- leagues in expressing my grave concern over problems.’’ based care options, which will allow them to China’s proposed anti-secession law. This The family lives in a State or jurisdiction in remain with their families. highly provocative law greatly increases the risk of a military confrontation across the Tai- which the local child welfare system erro- The ‘‘Keeping Families Together Act’’ is an wan Strait. Specifically, it assumes China and neously interprets Federal law (Title IV–E of important first step toward eliminating child the Foster Care and Adoption Assistance Pro- Taiwan are now unified, and it gives China the custody relinquishment. I look forward to work- gram) as requiring relinquishment of custody right to punish anyone expressing separatist ing with my colleagues to quickly enact this even for temporary out-of-home placements. sentiments or engaging in separatist activities. As all of these reports highlight, families are legislation so States can develop innovative Ultimately, China may use force to push for acting out of desperation to get immediately new programs that address these children’s unification with Taiwan, a scenario we all must needed mental health services for their chil- mental health needs while keeping their fami- work to prevent. This law would have serious dren. The juvenile justice and child welfare lies together. Once we’ve learned what has ef- consequences for relations between China systems have become the mental health pro- fectively worked at the State level to restruc- and Taiwan, and it would threaten stability in viders of last resort for far too many families. ture these programs, we will need to return to the region. Both the child welfare system and juvenile this issue at the Federal level and enact broad In my district, Idaho State University has de- justice systems are ill-equipped to meet these legislation to end the practice of forced child veloped a unique program, the only program children’s needs. Even worse, the psycho- custody relinquishment nationwide. of its kind in the United States, to provide a

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00130 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2366 EXTENSIONS OF REMARKS February 15, 2005 language and cultural education program for A TRIBUTE TO THE HONORABLE of Assemblyman Payne. He has been honored junior diplomatic officers in the Ministry of For- WILLIAM D. PAYNE by many community organizations including eign Affairs. I have spent time discussing the The Jaycees, the NAACP, The North Ward American political system and current events HON. BILL PASCRELL, JR. Cultural Center and the Newark Board of Edu- in Taiwan with the junior diplomats, and they OF NEW JERSEY cation to name a few. have repeatedly expressed their country’s de- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, the job of a United States sire to avoid confrontation with China. These Tuesday, February 15, 2005 Congressman involves so much that is re- students look to the United States as a model warding, yet nothing compares to recognizing of freedom and democracy. Mr. PASCRELL. Mr. Speaker, I would like to the extraordinary efforts of public servants like Mr. Speaker, we do not need military con- call to your attention the life and work of a Bill Payne. I ask that you join our colleagues, frontation in the Taiwan Strait now or anytime man whose many achievements I am proud to Bill’s family and friends, the great County of in the future. I urge the Chinese leaders to re- recognize today, the Honorable William D. Essex, New Jersey and me in recognizing As- ject the anti-secession law, and I hope the Payne. Assemblyman Payne was recognized semblyman William D. Payne for his long his- international community will join us in voicing as a recipient of the Essex County Dr. Martin tory of leadership and community service. Luther King, Jr. Leadership Award. It is only their disapproval of this provocative and dan- f gerous law. Inaction by the United States will fitting that he be honored in this, the perma- only serve to encourage China to escalate its nent record of the greatest freely elected body A PROCLAMATION RECOGNIZING political rhetoric and belligerent action against on Earth. JO ANN DAVIDSON the democratic Taiwan. After completing a Bachelor of Arts in Polit- ical Science at Rutgers University, Bill began f his professional career with the Essex County HON. ROBERT W. NEY TRIBUTE TO THE CENTRAL Welfare Board as a caseworker. His commit- OF OHIO BRANCH OF THE ST. LOUIS PUB- ment to public service commenced during his IN THE HOUSE OF REPRESENTATIVES LIC LIBRARY tenure as a caseworker and continues today. Tuesday, February 15, 2005 Bill’s involvement in politics started long be- Mr. NEY. Mr. Speaker: fore his career in the New Jersey Legislature. HON. WM. LACY CLAY Whereas, Jo Ann Davidson has been se- As the chairman of the Payne Congressional OF MISSOURI lected to serve as the co-chairman of the na- Campaign Committee in 1988, Bill success- IN THE HOUSE OF REPRESENTATIVES tional Republican Party; and, fully led the effort to elect his brother, DONALD, Tuesday, February 15, 2005 to the United States House of Representa- Whereas, Jo Ann Davidson was the first Mr. CLAY. Mr. Speaker, I rise today to pay tives. This was not only a victory for the woman to serve as Speaker of the Ohio tribute to the Central Branch of the St. Louis Payne family, but one for the African American House, maintained a 20 year career in the Ohio House, and was a driving force behind Public Library. I am extremely honored to community of New Jersey as well. DONALD the passage of a complex electricity deregula- commend them for being recognized as one of PAYNE was the first African-American elected the 12 most beautiful and historic libraries in to represent New Jersey in the House of Rep- tion bill in 1999; and the world. They further hold the distinction as resentatives. Whereas, Jo Ann Davidson should be com- being only one of three U.S. libraries chosen Bill has held several positions that exemplify mended for her work during the grassroots ef- for this honor. his devotion to his community. As executive forts of the 2004 Ohio Republican Party cam- The Central Library building is one of St. director of One to One New Jersey, Bill paign in the Ohio Valley region. Louis’s architectural treasures. Architect Cass oversaw a non-profit organization dedicated to Therefore, I join with the residents of the en- Gilbert who was the architect for the Saint encouraging volunteerism and mentoring tire 18th Congressional District of Ohio in hon- Louis Art Museum, the U.S. Supreme Court among New Jersey adults. The participants in oring and congratulating Jo Ann Davidson for Building in Washington, DC, and the Wool- the program worked to improve the quality of her outstanding appointment. worth Building in New York City was selected life for disadvantaged youths and their fami- f to design the building, which opened in 1912. lies. LEADER IN EDUCATION The Central Branch occupies one city block His commitment to the Essex County com- and features beautiful stained glass windows, munity was evident during his tenure with the hand-stenciled ceilings and glass floors. The Essex County Improvement Authority and the HON. JIM COSTA exterior of the building is granite with marble Newark Housing Authority, the country’s 8th OF CALIFORNIA panels and relief carvings, decorative medal- largest public agency. Bill has also donated IN THE HOUSE OF REPRESENTATIVES lions, notable authors and inspirational inscrip- his time to the Greater Newark Chamber of Tuesday, February 15, 2005 tions. The Periodical Room’s carved ceiling is Commerce Executive Committee, the United adapted from Michelangelo’s design for the Negro College Fund Corporation Committee Mr. COSTA. Mr. Speaker, I rise today to ceiling of the Laurentian Library in Florence and the Federal Reserve Bank of New York honor and congratulate Dr. Pete Mehas, of and boasts more than 800 current magazines Small Business Advisory Council. Fresno California. Dr. Mehas has been Fresno and newspapers. Prior to his election to the New Jersey Gen- County’s Superintendent of Schools since While an architectural marvel, the library eral Assembly, Bill bad transitioned into the 1990, and is being honored by the Kremen also assists the community with bridging the private sector, establishing William Payne and School of Education and Human Develop- link between all cultures and nationalities by Associates. Having an extensive background ment. providing special services to Bosnian, African, in community service, international govern- Dr. Mehas was born and raised in Fresno, Hispanic, German and Asian members of the ment relations and the corporate world; As- graduated from Fresno High in 1957, and community through extensive access to books semblyman Payne’s company specializes in earned his Bachelor’s degree from California and films in their own language. The Library is government relations and marketing. State University, Fresno. He continued his also involved in community outreach efforts In 1998, William Payne reached the pin- education at University of California, Los An- providing book services to day care and senior nacle moment of his career, when he was geles, where he received his Master’s degree, centers. It also provides the gift of reading to elected to represent the 29th Legislative Dis- and went on to University of Southern Cali- those who are home-bound by operating trict of New Jersey. Bill holds many positions fornia, where he secured a Doctorate in Edu- bookmobiles and sending books through the within the legislature including Commissioner cation. mail. of the Amistad Commission. This commission Pete has served the public for many years Mr. Speaker, the Central Branch of the St. is a result of his diligent efforts to pass The as an educational advocate. He was Secretary Louis Public Library has been recognized for Amistad Act, a law which requires the inclu- of Education to Governor George Deukmejian, its historic beauty and architectural wonder, sion of African-American history in the year- and also a member of the California State and its commitment to serving an ever chang- round curriculum for New Jersey’s public Board of Education and Board of Governors ing landscape of cultures and nationalities; it schools. for California Community Colleges. deserves to be honored for its vital role in The County of Essex and I are far from the His efforts have not gone unnoticed—Dr. educating the leaders of tomorrow. first to recognize the many accomplishments Mehas has been appointed by four presidents

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00131 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 EXTENSIONS OF REMARKS 2367 and three governors to major commissions, Kashmiri Muslims, and tens of thousands of connived with Hindu organisations in demol- boards, and advisory committees committed to other minority people. It has resulted in 52,268 ishing the Babri mosque. He alleged that Mr. making education a priority throughout our Na- Sikhs being held as political prisoners under a Badal had sent a special jatha, led by Mr. Avtar Singh Hit, to Ayodhaya on December tion. He has appeared on national television’s repressive law called TADA that expired in 6, 1992, to join the kar sevaks for demol- NBC’s ‘‘Today’’ show and ABC’s ‘‘Good Morn- 1995. It is time for real freedom for the Sikhs, ishing the Babri mosque. ing America,’’ and was the only educator in- the Nagas, the Kashmiris, and all people in f vited to address the National Republican Con- the subcontinent. vention in Houston, Texas in 1992. The essence of democracy is self-deter- IN HONOR OF JOE HARRIS Dr. Mehas’ accomplishment list is long and mination. If India wants to be treated as a de- includes USC School of Education Distin- mocracy, it must allow self-determination and HON. MICHAEL C. BURGESS guished Lecturer, CSU Fresno School of So- all other rights to all its citizens. We should not OF TEXAS cial Science Distinguished Alumni Award, provide any money to India until it does. In IN THE HOUSE OF REPRESENTATIVES Honorary Life Member in the National Con- 1948, India promised to hold a plebiscite to let Tuesday, February 15, 2005 gress of Parents and Teachers, NAACP Presi- the people of Kashmir decide their status. It’s Mr. BURGESS. Mr. Speaker, I rise today to dents Award, Rose Ann Vuich Ethical Leader- now 56 years later and they are still waiting. honor the life-long service of Joe Harris. Mr. ship Award, and most recently the Kremen Similarly, the demand for self-determination in Harris, hailed as a man who always put every- School of Education and Human Development Khalistan, in Nagaland, and elsewhere has one before himself, spent the last 34 years of ‘‘Noted Alumni Recipient’’ for significant con- been met with nothing but violent resistance. his life serving my constituents as a fire fighter tributions in the field of education. Is that democracy, Mr. Speaker? Is that free- His efforts have been exhaustive, and we dom? in the City of Denton, Texas. Mr. Harris not are continually lucky that his family, wife Demi The Tribune, a newspaper in Chandigarh, only served the people of Denton County but and daughters Alethea and Andreanna have Punjab, carried excellent coverage of Mr. also his family and co-workers with the en- been willing to share all that Dr. Mehas has to Mann’s remarks in its December 8 issue. I couragement, warmth and generosity that de- offer—he has made an amazing impact on our would like to place that article in the RECORD fined his life. The recent death of Mr. Harris came after community. at this time for the information of my col- years of fighting cancer. He had recently re- f leagues. [From the (Chandigarh, India) Tribune, Dec. tired so he could spend more time with his SIKH LEADER AGAIN SPEAKS OUT 8, 2004] family. During his career as a public servant, FOR FREEDOM FOR KHALISTAN MANN REVERTS TO SOVEREIGN PUNJAB THEME Mr. Harris took pride in each task that he was LUDHIANA, Dec. 7.—Shiromani Akali Dal given. His contagious personality and love for HON. EDOLPHUS TOWNS (Amritsar) supremo Simranjit Singh Mann those whom he saw day after day went far be- yesterday reverted to the theme of sovereign yond his call of duty. A life-long citizen of my OF NEW YORK Punjab, declaring that his party would district, Mr. Harris served not only my constitu- IN THE HOUSE OF REPRESENTATIVES launch a peaceful movement to realise this ents but our country in the United States Tuesday, February 15, 2005 dream. He said his party had never given up Coast Guard. Mr. Harris was steadfast in his the demand for a separate and sovereign Mr. TOWNS. Mr. Speaker, there are encour- life of service, and I have no doubt that he has Punjab as the Sikhs’ was a separate nation- inspired everyone who came to know him. aging developments in the fight for freedom ality, foundations of which had been laid for minorities in India. It looks like the people down by Guru Gobind Singh himself. Mr. Speaker, it is with great honor that I of Nagaland are making progress in their ne- Mr. Mann, who was here to preside over a stand here today to commemorate the life of gotiations with India to achieve autonomy. meeting of the party office-bearers at Joe Harris; one of our fellow public servants. This is a potentially significant development Gurdwara Akalgarh, said to ensure lasting May his work be a guide and inspiration to us that will begin, at long last, the unraveling of peace in South Asia in the face of deep hos- all. tility between ‘‘Hindu civilisation (India) f the web of Indian oppression. Can Kashmir and Muslim civilisation (Pakistan)’’, it was and Khalistan be far behind? in the interest of the people of the region to PERSONAL EXPLANATION To add to this, the fire of freedom continues create a neutral and buffer sovereign state. to burn as brightly as ever in Punjab, He maintained that the foundations for a HON. ROSCOE G. BARTLETT Khalistan. On December 7, a Sikh leader separate sovereign Sikh state had been laid down by Guru Gobind Singh and Banda OF MARYLAND named Simranjit Singh Mann, who is a former IN THE HOUSE OF REPRESENTATIVES Member of India’s Parliament and has held Singh Bahadur followed by Maharaja Ranjit Singh. This dream was furthered by ‘‘Sant Tuesday, February 15, 2005 events right here in the Capitol and met many Jarnail Singh Bhindranwale’’ and ‘‘would be Members of Congress, again spoke out for materialised one day’’. He said since both Mr. BARTLETT of Maryland. Mr. Speaker, independence for the Sikh homeland, Pakistan and India had nuclear weapons, it on rollcall vote No. 31, I had thought that I had Khalistan. Mr. Mann put his party, the Akali was necessary that some buffer state should voted and that the machine had accepted my Dal, Amritsar, on record for independence. He be created so that the two countries did not vote. Apparently, it did not; therefore, I ask pledged that he would lead a peaceful move- come face to face with each other. unanimous consent that the CONGRESSIONAL ment for independence, which he said was a Mr. Mann refused to give the geographical RECORD show that had my vote been accept- outline of the ‘‘sovereign state’’ envisioned ed, I would have voted ‘‘yes’’ on rollcall No. dream of the Sikh people that ‘‘will be mate- by him. He evaded an answer to a question rialized one day.’’ It looks like that day is get- whether it included the part of the state 31. ting closer. which is now with Pakistan. f The government of Punjab acted last year Welcoming the close cooperation between A PROCLAMATION HONORING to cancel all water agreements with the other the Pakistani Punjab and the Indian Punjab, GLENNA BLACK ON HER 92ND states in India, by which Punjab’s water was Mr. Mann claimed it was he who had initi- BIRTHDAY being diverted to those other states. In so ated this move by demanding way back in doing, they declared the sovereignty of the 1990 that the border between the two Punjabs should be opened up for the people to cross state of Punjab. Imagine that, Mr. Speaker. HON. ROBERT W. NEY over. OF OHIO They are openly claiming their sovereignty. To a question on the demand of the Dal This is good to see. Khalsa that ban on cow slaughter in Punjab IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, when India became inde- should go, Mr. Mann said he or his Tuesday, February 15, 2005 pendent, the Sikhs were supposed to get an organisation had nothing to do with that Mr. NEY. Mr. Speaker: independent state in Punjab. But the Indian organisation (Dal Khalsa). At the same time, Whereas, Glenna Black was born on Feb- leaders assured them they would have ‘‘the he said, he or his party would not like to hurt the sentiments of a majority of people ruary 16, 1913 and is celebrating her 92nd glow of freedom’’ there, so they stayed with as ‘‘Hindus held the cow to be sacred and birthday; and India. Well, that ‘‘glow of freedom’’ has taken their sentiments should be respected’’. Whereas, Glenna Black has been a positive the lives of over 250,000 Sikhs as well as over Mr. Mann also accused Shiromani Akali influence on those individuals who have been 300,000 Christians in Nagaland, over 89,000 Dal leader Parkash Singh Badal of having fortunate to meet her; and

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00132 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2368 EXTENSIONS OF REMARKS February 15, 2005 Whereas, Glenna Black has remained active their right to self-determination, which is the by most of the countries of the world at that among her community and friends; and essence of democracy, can the people there time. Sikhs do not accept the Indian con- Whereas, Glenna Black has exemplified a finally live in freedom, peace, and prosperity. stitution. No Sikh representative has ever life of love and dedication to all of her family Mr. Speaker, I would like to place the Coun- signed it. Indian police arrested human-rights activ- and friends. cil of Khalistan’s very informative press re- ist Jaswant Singh Khalra after he exposed Therefore, I join with the family and friends lease on the denial of bail to these Sikh activ- their policy of mass cremation of Sikhs, in of Glenna and the residents of the entire 18th ists into the RECORD at this time. which over 50,000 Sikhs have been arrested, Congressional District of Ohio in wishing Glen- [From Council of Khalistan] tortured, and murdered, then their bodies na Black a very happy 92nd birthday. BAIL DENIED FOR 11 SIKHS ARRESTED FOR were declared unidentified and secretly cre- f HOISTING SIKH FLAG IN AMRITSAR—IS THIS mated. Khalra was murdered in police cus- DEMOCRACY, FREEDOM OF SPEECH? tody. His body was not given to his family. SIKHS ARRESTED FOR RAISING Eleven Sikhs who were arrested for raising No one has been brought to justice for the FLAG ARE DENIED BAIL the Sikh flag on Republic Day, January 26, kidnapping and murder of Jaswant Singh have been denied bail. Thirty-five Sikhs were Khalra. The police never released the body of charged and 31 are being held. They raised former Jathedar of the Akal Takht Gurdev HON. EDOLPHUS TOWNS the saffron flag of Khalsa Raj at Gurdwara Singh Kaunke after SSP Swaran Singh OF NEW YORK Shaheed Ganj in Amritsar. They have been Ghotna murdered him. He has never been IN THE HOUSE OF REPRESENTATIVES charged with sedition and ‘‘making inflam- tried for the Jathedar Kaunke murder. In 1994, the U.S. State Department reported Tuesday, February 15, 2005 matory speeches.’’ Khalsa Raj Party Presi- dent Dr. Jagjit Singh Chohan said that they that the Indian government had pad over Mr. TOWNS. Mr. Speaker, on January 26, had raised the flag according to Sikh 41,000 cash bounties for killing Sikhs. India celebrated its Republic Day, the anniver- tradion. India is not one country; it is a polyglot sary of the adoption of its constitution. On that Punjab Pradesh Congress Party President thrown together for the convenience of the Hanspal said, ‘‘We will not allow them to British colonialists. It is doomed to break up day a group of Sikh activists raised the Sikh as they did. Last year, the Punjab Legisla- flag at a Gurdwara in the city of Amritsar in raise their heads for Khalistan.’’ Maninder Singh Bitta, President of the All-India tive Assembly passed a bill cancelling the accordance with Sikh tradition. For this, com- Youth Congress, demanded that Dr. Chohan government’s daylight robbery of Punjab plaints were issued against 35 Sikhs and 31 and others be deported to Pakistan, claiming river water. The Assembly explicitly stated have been arrested. they are Pakistani agents. Former Chief the sovereignty of Punjab. Now eleven of them have had their bail de- Minister Badal said, ‘‘We will not permit the ‘‘I urge the international community to nied, keeping them in detention. The Punjab militancy to raise its head again.’’ help us free Khalistan from Indian occupa- and Haryana High Court has ruled that speak- ‘‘How can India call itself democratic when tion,’’ Dr. Aulakh said. ‘‘Freedom is the birthright of all people and nations,’’ he said. ing out for Khalistan is not a crime, yet they it suppresses a basic right like freedom of speech?,’’ said Dr. Gurmit Singh Aulakh, ‘‘The arrest and denial of bail for these ac- are charged with ‘‘sedition’’ and ‘‘making in- President of the Council of Khalistan, which tivists for raising the Sikh flag and making flammatory speeches’’ for raising a flag and leads the Sikh struggle for freedom. ‘‘The speeches shows that there is no freedom for speaking out for freedom for the Sikh home- Punjab and Haryana High Court has already Sikhs within India,’’ he said. ‘‘As Professor land. ruled in the case of the late Colonel Partap Darshan Singh, a former Jathedar of the Mr. Speaker, what kind of democracy is Singh that speaking in support of freedom Akal Takht, said, ‘If a Sikh is not for this? The Movement Against State Repression for Khalistan is not a crime,’’ Dr. Aulakh Khalistan, he is not a Sikh’,’’ Dr. Aulakh (MASR) was already reporting that India held said. ‘‘How can these activists be arrested for noted. ‘‘We must continue to press for free- dom,’’ he said. ‘‘Without political power, re- 52,268 political prisoners. These activists add something that is not a crime?’’ The Indian government has murdered over ligions cannot flourish and nations perish. A 11 to that number. 250,000 Sikhs since 1984, more than 300,000 sovereign Khalistan is essential for the sur- This is just the latest illustration that exer- Christians since 1948, over 90,000 Muslims in vival of the Sikh religion and the Sikh Na- cising your freedom of speech can be a very Kashmir since 1988, and tens of thousands of tion.’’ dangerous thing in India if you are a minority. Tamils, Assamese, Manipuris, Dalits, Bodos, f India has a pattern of repression. It has killed and others. The Indian Supreme Court called over 250,000 Sikhs since 1984, more than the Indian government’s murders of Sikhs LEADER IN EDUCATION 300,000 Christians in Nagaland, over 90,000 ‘‘worse than a genocide.’’ According to a re- Kashmiri Muslims, thousands of other Chris- port by the Movement Against State Repres- sion (MASR), 52,268 Sikhs and tens of thou- HON. JIM COSTA tians and Muslims throughout the country, and sands of other minorities are being held as OF CALIFORNIA tens of thousands of Assamese, Bodos, Dalits political prisoners in India without charge or IN THE HOUSE OF REPRESENTATIVES (the aboriginal people of South Asia), trial. Some have been in illegal custody Tuesday, February 15, 2005 Manipuris, Tamils, and others. The U.S. State since 1984! We demand the immediate release Department reported in 1994 that the Indian of all these political prisoners. Mr. COSTA. Mr. Speaker, I rise today to government had paid over 41,000 cash boun- ‘‘The Sikh Nation is indebted to the lead- honor and congratulate Rutherford ‘‘Bud’’ Gas- ties to police officers for killing Sikhs. One ers of Dal Khalsa who raised the Sikh flag, ton, Sr., of Fresno, California. Bud has re- such bounty went to an officer who killed a including Harcharan Singh Dhami, Presi- ceived many noted awards throughout the dent, Kanwarpal Singh Bittu, General Sec- three-year-old boy. retary, Satnam Singh Paonta Sahib, and years and most recently he is a recipient of We must not just sit and watch while a others,’’ said Dr. Aulakh. ‘‘We praise Dr. the Kremen School of Education and Human country that proclaims itself ‘‘the world’s larg- Chohan for his remarks. But how can Sikhs Development ‘‘Noted Alumni Award’’. est democracy’’ tramples on the most basic of like Badal, Hanspal, Bitta, and others call Mr. Gaston was born in Georgia, but at- democratic freedoms, such as the freedom to themselves Sikhs when they deny the Sikh tended high school in Brakenridge, Pennsyl- speak out and to hold a peaceful demonstra- aspirations for freedom? Clearly, they are vania where he graduated from Har Brack tion. That is not the hallmark of a democracy. doing the bidding of the Indian government, High School. Then Bud moved to Fresno, which controls them.’’ It is the hallmark of a police state. The Sikh Nation declared its independence where he attended California State University, The time has come to let India know that we from India on October 7, 1987 and formed the Fresno and received a Bachelor’s degree in are watching and to let them know that this is Council of Khalistan at that time to lead the Education, and a Master’s Degree in Edu- unacceptable. struggle for independence. When India be- cation Administration. There are steps that we can take to support came independent, Sikhs were equal partners Bud joined Fresno Unified School District in the rights of all people in south Asia. It is time in the transfer of power and were to receive 1953 as a teacher at Columbia School. After that we take these steps. They include cutting their own state, but the weak and ignorant ten years, he became Principal of Tielman and off our aid and trade with India and putting the Sikh leaders of the time were tricked into Emerson Elementary School, and stayed with staying with India on the promise that they Congress on record in support of self-deter- would have ‘‘the glow of freedom’’ and no Fresno Unified until he retired in 1986. mination for the Sikhs of Punjab, Khalistan, law affecting the Sikhs would pass without Beyond his scholastic achievements, Mr. the Christian people of Nagaland, the their consent. Sikhs ruled an independent Gaston has also served the country well. He Kashmiris, and all the people of South Asia and sovereign Punjab from 1710 to 1716 and gave the United States Army five years of who are seeking freedom. Only by exercising again from 1765 to 1849 and were recognized service and moved up the ranks to become

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00133 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 EXTENSIONS OF REMARKS 2369 Second Lieutenant before he was honorably Concord-Union Local Board of Education for 4 communities, and we are grateful for his lead- discharged. years, was a founding member of the Mid- ership. Bud has not only served his country, but East Career and Technology Center’s Board f also served his community through many affili- of Education for 19 years, and was a founding ations. He is a member of the Board of Direc- member of the Zane State College Board of INLAND EMPIRE REGIONAL tors of the Boys and Girls Clubs of Fresno, a Trustees for 19 years; and WATER RECYCLING INITIATIVE Foundation Board Member for Saint Agnes Whereas, Russell McCall served in the Medical Center, a member of Kiwanis Club of United States Army during World War II and HON. DAVID DREIER Fresno, and a member of NAACP Black Polit- was awarded a bronze star; and OF CALIFORNIA ical Council. Whereas, Russell McCall is a lifelong mem- IN THE HOUSE OF REPRESENTATIVES As a result of the tremendous efforts Bud ber of College Drive Presbyterian Church and Tuesday, February 15, 2005 has made within his community, he has been was active in the New Concord Grange and honored with many awards: The Black Edu- Muskingum County Pomona Grange. Mr. DREIER. Mr. Speaker, I rise today to re- cators’ of Fresno Award, the Troy Award for Therefore, I join with the residents of the introduce the Inland Empire Regional Water Education, the Fresno Mall Dedication Plaque, Muskingum Valley and the entire 18th Con- Recycling Initiative, to authorize water recy- Second Baptist Church Laymen’s Award, Kids gressional District of Ohio in recognizing Rus- cling projects under the U.S. Bureau of Rec- Day Award, Elementary Partnership Program sell McCall for his longtime dedication to the lamation’s Title XVI program. This legislation, Award, KSEE 24 Portraits of Success Award, residents and children of Coshocton, Morgan, which passed the House in the 108th Con- and the Fresno District Fair Appreciate Award and Mukingum Counties. gress, is an important component of southern are just a few of such examples. f California’s regional water management. Our community has truly been blessed by This Initiative includes two projects, the first the contributions Bud has made, and we are LEADER IN EDUCATION of which will be constructed by the Inland Em- thankful for his dedication. pire Utilities Agency (IEUA) and will produce f HON. JIM COSTA 90,000 acre feet of new water annually. The OF CALIFORNIA second of these projects, to be constructed by RECOGNIZING DEXTER SLAGLE IN THE HOUSE OF REPRESENTATIVES the Cucamonga Valley Water District (CVWD), AND DONNA CHASTEEN will produce an additional 5,000 acre feet of Tuesday, February 15, 2005 new water annually. Between these two HON. IKE SKELTON Mr. COSTA. Mr. Speaker, I rise today to projects, 95,000 acre feet of new water will be OF MISSOURI honor and congratulate Dr. Walter L. Buster, produced annually before the end of the dec- IN THE HOUSE OF REPRESENTATIVES of Prather, California. Dr. Buster is a recipient ade. of the Kremen School of Education and With the recent passage of the CalFed au- Tuesday, February 15, 2005 Human Development ‘‘Noted Alumni Award.’’ thorization, it is imperative that we continue to Mr. SKELTON. Mr. Speaker, it is with great Dr. Buster received his Bachelor of Arts in approve measures preventing water supply pleasure that I announce the upcoming union English from Westmont College in Santa Bar- shortages in the Western United States. The of Dexter Slagle and Donna Chasteen, two bara, then went on to attain his Master of Arts Inland Empire region is one of the fastest long time residents of Morgan County, Mis- from Chapman College in Orange, California. growing areas in the nation. Reducing our de- souri, and dedicated public servants. He then moved to Montana and attended Uni- pendence on imported water from the Colo- Dexter has been a business owner in versity of Montana to receive his Doctorate in rado River and northern California will have Versailles for 42 years and served his neigh- Curriculum Development. significant regional benefits including reduced bors as City Alderman and as Morgan County Walt moved back to California where he water shortages, energy savings, improved Surveyor. Donna has also owned her own began his teaching career in Fullerton, then water quality, and job creation. The passage business for 35 years and for 12 years held became Superintendent of Fairfax School Dis- of the Inland Empire Water Recycling Initiative the position of County Clerk. These are two in- trict in 1984. In this position, Walt acted as the will continue the federal-local partnership to dividuals who have dedicated their time, Chief Executive Officer for a K–8 district with bring a significant amount of new water supply money and energy to making the City of 600 students in Marin County. He developed to the region. Versailles and Morgan County better places to a plan for consolidation with the San Anselmo IEUA produces recycled water for a variety live and raise a family. School District that was approved by the vot- of non-potable purposes, such as landscape Mr. Speaker, on February 20, Dexter and ers, and was responsible for cooperatively irrigation, agricultural irrigation, construction, Donna, along with their children, Amy and merging the Fairfax School District with the and industrial cooling. By replacing these Windy and Barbara and Bert, and their grand- San Anselmo School District into the new water-intensive applications with high-quality children will become one family. I am sure my Ross Valley School District. recycled water, fresh water can be conserved fellow Members of the House will join me in He continued on as Superintendent, helping or used for drinking, thereby reducing the de- wishing them all the best as they start their other school districts succeed, and finally pendence on expensive imported water. In ad- new life together. came to Clovis and joined our community as dition, by recycling water which would other- f Superintendent of Clovis Unified School Dis- wise be wasted and unavailable, IEUA pro- trict. After seven years with Clovis Unified, vides that the water available goes through at A PROCLAMATION RECOGNIZING Walt became the Director of the Central Valley least one more cycle of beneficial use before RUSSELL MCCALL Education Leadership Institute at California it is ultimately returned to the environment. State University, Fresno. The Inland Empire Regional Water Recy- HON. ROBERT W. NEY Walt’s success has been great, and he has cling Initiative has the support of all member OF OHIO served on numerous committees and councils, agencies of lEUA, as well as the water agen- IN THE HOUSE OF REPRESENTATIVES such as the Fresno Compact Board of Direc- cies downstream in Orange County. IEUA en- tors, California State University, Fresno, Su- compasses approximately 242 square miles Tuesday, February 15, 2005 perintendents’ Advisory Council, ACSA/CSLA and serves the cities of Chino, Chino Hills, Mr. NEY. Mr. Speaker: Executive Leadership Planning Committee and Fontana (through the Fontana Water Com- Whereas, Russell McCall has demonstrated Seminar Facilitator. pany), Ontario, Upland, Montclair, Rancho ongoing commitment to education for the resi- As gratitude for his service, Dr. Buster re- Cucamonga (through the Cucamonga Valley dents of the Muskingum Valley; and ceived the Robert Alioto Award for Instruc- Water District), and the Monte Vista Water Whereas, Russell McCall has attended 500 tional Leadership from the California School District. consecutive board meetings of the Muskingum Leadership Academy, and the Citizen of the I want to thank the House Resources Com- Valley Educational Service Center without ab- Year Award from the Clovis Chamber of Com- mittee, and Chairman RICHARD POMBO, for sence; and merce. Most recently he is being honored by moving this bill to successful passage on the Whereas, Russell McCall has served as a the Kremen School of Education and Human House floor during the last Congress. I look board member since 1963, served on the New Development. Walt has given so much to his forward to working closely with him again, and

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00134 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2370 EXTENSIONS OF REMARKS February 15, 2005 with the new Water and Power Subcommittee Michigan Rotarians as they celebrate the peace and prosperity of the 23 million people Chairman GEORGE RADANOVICH. I also want to 100th anniversary of the founding of Rotary, in Taiwan is maintained. thank my colleagues, KEN CALVERT, GRACE the world’s first service club. f NAPOLITANO, GARY MILLER, and JOE BACA for On February 23, 1905, The Rotary Club of cosponsoring the Inland Empire Water Recy- Chicago was established by Paul Harris, an A PROCLAMATION HONORING MR. cling Initiative. And last but certainly not least, attorney who wished to recapture through a AND MRS. BUCHSIEB I commend the hard work and dedication of professional club the same friendly, small town Mr. Robert DeLoach, General Manager of the spirit he experienced in his youth. Finding like- HON. ROBERT W. NEY Cucamonga Valley Water District, and Mr. minded committed individuals, over time the OF OHIO Rich Atwater, CEO and General Manager of organization was called the Rotary, because the Inland Empire Utilities Agency, who both of the club’s early practice of rotating meetings IN THE HOUSE OF REPRESENTATIVES work tirelessly on behalf of the Inland Empire. among members’ offices. Tuesday, February 15, 2005 f From this humble but hearty beginning, Ro- Mr. NEY. Mr. Speaker: tary’s popularity burgeoned and clubs were PERSONAL EXPLANATION Whereas, Richard and Beatrice Buchsieb formed from New York to San Francisco. By were united in marriage January 15, 1955, 1922 the organization began to expand out- and are celebrating 50 years of marriage; and HON. JEFF MILLER side of the United States, and so it adopted Whereas, Richard and Beatrice Buchsieb OF FLORIDA the name Rotary International to evidence its were married January 15, 1955, at 3rd Ave. IN THE HOUSE OF REPRESENTATIVES member clubs on six continents. United Methodist Church in Columbus, OH; Throughout the years the organization has Tuesday, February 15, 2005 and been remarkable for ‘‘doing good in the Whereas, Richard and Beatrice Buchsieb Mr. MILLER of Florida. Mr. Speaker, I would world.’’ For example in 1985, Rotarians made are the loving parents of four children and four like to offer a personal explanation of the rea- a commitment to immunize all of the world’s grandchildren; son I missed rollcall votes Nos. 31–32 on Feb- children against polio. Today, contributions to Therefore, I join with the residents of Cam- ruary 15, 2005. These were suspension votes the Rotary Foundation total more than $80 bridge, and the entire 18th Congressional Dis- on H. Con. Res. 25 and H.R. 324. Due to in- million annually and support a wide range of trict of Ohio in congratulating Richard and Be- clement weather conditions, my travel to humanitarian grants and educational pro- atrice Buchsieb as they celebrate their 50th Washington, DC was not completed until fol- grams; and Rotarians have mobilized hun- Wedding Anniversary. lowing the conclusion of votes this evening. dreds of thousands of volunteers and have im- I respectfully request that it be entered into munized more than one billion children world- f the CONGRESSIONAL RECORD that if present, I wide. In point of fact, by the end of 2005 Ro- CELEBRATING THE 35TH ANNIVER- would have voted rollcall vote No. 31, Recog- tary will have contributed close to $500 million SARY OF VALLE DEL SOL, INC. nizing the contributions of the ‘‘Greensboro to this cause alone. Four’’ to the civil rights movement ‘‘aye’’; roll- Mr. Speaker, for 100 years Rotary has striv- call vote No. 32, the Arthur Stacey Mastrapa en to meet the challenges of a changing HON. ED PASTOR Post Office Building Designation Act ‘‘aye.’’ world, including such pressing issues as envi- OF ARIZONA f ronmental degradation, illiteracy, world hunger, IN THE HOUSE OF REPRESENTATIVES and at risk children. Let us then pause our Tuesday, February 15, 2005 A PROCLAMATION HONORING own hectic pace and honor Rotarians for ALICE CAVITT ON HER 100TH bringing hope and help to all humanity. Mr. PASTOR. Mr. Speaker, I rise before you BIRTHDAY f today to celebrate the 35th Anniversary of Valle del Sol, Inc., a nonprofit, community- HON. ROBERT W. NEY ENCOURAGING CROSS-STRAIT RE- based organization in Phoenix, Arizona which LATIONS BETWEEN CHINA AND OF OHIO has helped thousands of individuals each year TAIWAN through its extensive behavioral health and so- IN THE HOUSE OF REPRESENTATIVES cial services. Tuesday, February 15, 2005 HON. SOLOMON P. ORTIZ Valle del Sol was created in 1970, at a time Mr. NEY. Mr. Speaker: OF TEXAS when behavioral health services in Phoenix Whereas, Alice Cavitt was born in Carrol IN THE HOUSE OF REPRESENTATIVES were nearly non-existent for Latino families. County, Ohio on December 23, 1904 and is The organization was originally established to Tuesday, February 15, 2005 celebrating her 100th birthday; and address opiate addiction in the community, Whereas, Alice Cavitt, a devoted wife to her Mr. ORTIZ. Mr. Speaker, one of the most and although it has expanded its services over husband, William Cavitt, and mother to her important Pacific Rim relationships is the one the years, Valle del Sol has always maintained children Pearl and Harold, is active in the between China and Taiwan. I want to com- its commitment to providing bilingual and cul- Presbyterian Church; and mend both nations for their work to find com- turally relevant services for the Latino commu- Whereas, Alice Cavitt has exemplified a mon ground. nity. love for her family and friends and must be I am so pleased that cross-strait relations As one of the largest Hispanic behavioral commended for her lifelong dedication to help- have been improving in recent days. On Janu- health and social service organizations in Mar- ing others. ary 15 of this year China and Taiwan agreed icopa County, Valle del Sol’s culturally diverse, Therefore, I join with the residents of the en- to direct flights during the Lunar New Year bilingual staff provides a wide range of pro- tire 18th Congressional District of Ohio in holidays and both sides agreed to continue to grams and services for the entire family. wishing Alice Cavitt a very happy 100th birth- work toward restoring direct trade, transport These programs are designed to address the day. and postal ties—the ‘‘three links’’. Moreover, increasing social and community needs re- f the economies of China and Taiwan have lated to family and behavioral health problems, grown increasingly interdependent as Tai- and include counseling, substance abuse HONORING MICHIGAN ROTARIANS wanese businesses have invested as much as treatment, adult education, advocacy, services ON 100TH ANNIVERSARY $100 billion in China and as many as one mil- for seniors, and an adolescent therapeutic lion Taiwanese now live and work on the group home. Valle del Sol’s commitment to HON. THADDEUS G. McCOTTER mainland. excellence in customer service, financial viabil- OF MICHIGAN For the last several decades, U.S. policy ity, planned growth, and community develop- IN THE HOUSE OF REPRESENTATIVES has been to encourage amicable relations be- ment in Arizona has positively contributed not tween Taiwan and China so that they may only to Latino families, but to the entire Ari- Tuesday, February 15, 2005 work out whatever differences they may have zona community. I am particularly proud of Mr. MCCOTTER. Mr. Speaker, I rise today through peaceful means. We in the inter- Valle del Sol’s achievements in becoming an to acknowledge and honor the thousands of national community should make sure the $11 million agency with nearly 200 employees.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00135 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 EXTENSIONS OF REMARKS 2371 Valle del Sol has been instrumental in pro- then, Clarence and Mayme have lived in two surgency appears to be growing significantly viding a base of leadership for the Latino com- homes, both in Hugo, and they now have six faster than the security forces we have at- munity. Many Latino leaders in Arizona, in- children, 39 grandchildren, 98 great-grand- tempted to train. It is questionable if Iraqi se- cluding myself, have served on Valle del Sol’s children, and 32 great-great grandchildren. curity forces can ever achieve authority as Board of Directors, or have attended Valle del Before retiring, Clarence worked as a ma- long as our troops have the real responsibility Sol’s Hispanic Leadership Institute (HLI). HLI chine and tools salesman, and after their chil- for maintaining order. has provided leadership training for over 18 dren were older Mayme worked at the local The presence of more than 130,000 U.S. years and is offered to community members grocery store. Now, in their retirement, Clar- troops has, in fact, become a rallying point who are dedicated to addressing Latino ence and Mayme spend their time reading, and an endless source of fodder for propa- issues. Under HLI training, participants gain a playing cards, and attending church every ganda by terrorists. comprehensive understanding of issues affect- morning. Mayme also enjoys making quilts for At a time when American prestige and lead- ing the Latino community, as well as practical local charities. ership is more necessary than ever, when the leadership skills. The goal of HLI is to arm Mr. Speaker, it is my privilege to recognize light of hope for a peaceful, just and lasting leaders with the valuable tools to effectively Clarence and Mayme Vail on their 80th wed- solution to the conflict between Israel and the advocate for issues important to the Latino ding anniversary as an example which we Palestinian people once again flickers to life, community. should all try to follow. Clarence and Mayme U.S. ability to serve as a broker for peace has I would like especially to acknowledge Valle have been married for a near-record number been crippled by the perception of many of del Sol’s current leadership, headed by Presi- of years, and it is likely that they hold the our actions in Iraq. dent and CEO Luz Sarmina-Gutierrez. Ms. record for being the longest-married couple in We face the massive and difficult task of re- Sarmina-Gutierrez’s efforts to maintain Valle Minnesota history. I admire the love and dedi- building international alliances and renewing del Sol’s high quality of service was duly rec- cation which this couple has shared for so the mechanisms of international diplomacy ognized, and Valle del Sol was awarded ac- many years, and I wish them many more and security. And what has been the cost to creditation from the Commission on Accredita- years of happiness together. America? As of yesterday, 1,449 American tion of Rehabilitation Facilities (CARF) for four f troops killed. 10,740 wounded as of the end of of its programs that specialize in substance January. Extended time of service for tens of abuse and mental health. This accreditation is REMARKS ON THE SITUATION IN thousands of service men and women and re- the highest achievement an organization can IRAQ servists at immense cost to families. receive from CARF and is the second time a The diversion of tens of billions of dollars three-year accreditation was awarded to Valle HON. DANNY K. DAVIS from homeland security, health, education, del Sol. The CARF accreditation demonstrates OF ILLINOIS housing, and a host of other needs have left to the public that Valle del Sol’s services meet IN THE HOUSE OF REPRESENTATIVES some of our most urgent needs here at home untended and unaddressed. The long term im- stringent standards in following with its po- Tuesday, February 15, 2005 lices, procedures and practices, including pact on our military has not yet been exam- health and safety standards. Mr. DAVIS of Illinois. Mr. Speaker, we may ined, but based on our experience after Viet- Mr. Speaker and Colleagues, please join me soon know the official count from the elections nam there is good reason to expect that there in honoring and congratulating Valle del Sol, in Iraq but it is already very clear we will not will be a negative impact. its leadership, and its employees upon the know the real long term impact and results for Mr. Speaker, in the interests of stabilizing celebration of its 35th Anniversary. It is with some time. the situation in Iraq, in the interests of peace great pride that I celebrate Valle del Sol’s out- Will the election unite the Iraqi people or fur- and security in the region, in the interests of standing contributions to the Arizona commu- ther divide them? Will the new government our homeland security, and in support of our nity and its unwavering commitment to public represent the interests of all sectors of Iraqi troops, it is time to bring our troops home. service, and I wish them many more years of society? Will the rights of minorities be pro- f tected? Will the new laws of the land be pro- success. HONORING MR. WILLIAM mulgated on a secular or religious basis? f BERTRAND TURNER ON HIS The elections do nothing to increase the le- 100TH BIRTHDAY IN SPECIAL RECOGNITION OF THE gitimacy of our so-called ‘‘preventive war.’’ 80TH WEDDING ANNIVERSARY OF The official end for the search for weapons of CLARENCE AND MAYME VAIL OF mass destruction confirms what a majority of HON. G. K. BUTTERFIELD HUGO, MN the American people have known for some OF NORTH CAROLINA time: we were misled as to the need for mili- IN THE HOUSE OF REPRESENTATIVES HON. MARK R. KENNEDY tary action in Iraq. Tuesday, February 15, 2005 OF MINNESOTA There was no link between Saddam Hus- Mr. BUTTERFIELD. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES sein and 9/11. U.N. sanctions and inspections today to honor a great man, Mr. William were, in fact, highly effective in disarming Iraq Tuesday, February 15, 2005 Bertrand Turner on this, his 100th birthday. after the 1991 war. Mr. Speaker, William Bertrand Turner was Mr. KENNEDY of Minnesota. Mr. Speaker, I There is no doubt that those Iraqis who did born on February 28, 1905 in Elizabeth City, rise today to call attention to the 80th wedding vote, and already the controversy is growing North Carolina and grew up a stone’s throw- anniversary of Clarence and Mayme Vail of over what share of the population participated, away from the famous Pasquotank River. Mr. Hugo, Minnesota. were expressing their profound hope for an Turner grew up there, was educated in the Eighty-two years ago, Clarence and Mayme end to the violence, for an improvement in the public school system, and eventually grad- met when Clarence’s family moved to Hugo quality of their lives, for a say in their own fu- uated from Elizabeth City State University. and he joined Mayme’s eighth grade class. tures and an end to the occupation of their Mr. Turner’s love for science lured him to Clarence and Mayme were the only two from country. Shaw University in the Capital city of North this class to continue into high school, though And why not? Estimates by reputable ex- Carolina. He pursued his interest in Organic they both left school early a few years later. perts such as the British medical journal, The Chemistry during the height of the ‘‘Roaring They left for a good reason: to get married. Al- Lancet are that more than 100,000 Iraqis have 20’s’’ and graduated in 1929, during the begin- though the couple heard people say that they died as a result of the war and the on-going ning stages of the Great Depression. were too young to be married—he was eight- violence under the occupation. Mr. Speaker, after his graduation from Shaw een and she was just sixteen—they began The Iraqi government has reported that mal- University, William Turner set his sights North, their wedded lives together on February 17, nutrition among young children has doubled and began a quest for his Master’s Degree at 1925. since the war began and that they are experi- the renowned Cornell University in New York. For the first few years they were married, encing soaring rates of disease exacerbated Mr. Turner received his Masters Degree in his Clarence and Mayme lived in the telephone by a decimated health system. passion, Organic Chemistry in 1936. office where Mayme’s mother worked. Their Iraq is no closer to a stable democracy In 2001, Mr. Turner was awarded an Hon- first children were born in that office. Since today than it was two years ago. The Iraqi in- orary Doctorate Degree from the American

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00136 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 2372 EXTENSIONS OF REMARKS February 15, 2005 Chemical Society, the highest honor bestowed clauses banning the use of dangerous pes- (PILT) program and the refuge revenue shar- by that Society. ticides. Later, Jessica served as the National ing program would be made available to the Mr. Speaker, Mr. Turner has been married Director of Organizing for the UFW and was Secretary of the Interior annually, for distribu- to Ms. Margaret Turner for 75 years. I am told elected to the national executive board. tion to eligible local governments in accord- that their love and admiration for one another Jessica spent countless hours registering ance with those programs. is just as strong as the day they were married. voters and turning out the vote for numerous This would eliminate the requirement for an- Mr. and Mrs. Turner currently reside in elected officials, including Jerry Brown in his nual appropriations for PILT and refuge rev- Brownsmills, New Jersey; and while all North successful bid for governor of California in enue sharing purposes and would shield them Carolinians long for their return, we wish them 1974, and Robert Kennedy in his bid for the against the kind of political shortsightedness a wonderful life in New Jersey. California Democratic 1968 presidential pri- demonstrated in the budget recently submitted Mr. Speaker, I ask my colleagues to join me mary. by President Bush, which proposes to inflict a in honoring my constituent, Mr. William As Chair of the California Democratic Party, severe cut in the funding available for PILT. Bertrand Turner on his 100th birthday. I pray I worked closely with Jessica in 1982. She While both programs are significant, PILT is for many more to come. demonstrated extraordinary leadership, en- particularly important for counties in Colorado f ergy, and commitment as the head of a crucial and other states that include large expanses state-wide voter registration and get-out-the- of federal lands. In 2004, for example, coun- IN HONOR OF JESSICA GOVEA vote drive. In 1992, she worked with Fred ties in Colorado received more than $17.6 mil- THORBOURNE Ross Jr., at Neighbor to Neighbor, training lion out of a total of $244.3 million distributed leaders of SICAFE, the coffee workers’ union nationwide. HON. NANCY PELOSI of El Salvador, and with workers targeted by Congress created the PILT program in re- OF CALIFORNIA Salvadoran death squads. sponse to a recommendation of the Public IN THE HOUSE OF REPRESENTATIVES For the last two decades, she continued her Land Law Review Commission, chaired by Representative Wayne N. Aspinall, who rep- Tuesday, February 15, 2005 work as labor educator at Rutgers and Cornell Universities. At Cornell she directed the Labor resented what was then Colorado’s Fourth Ms. PELOSI. Mr. Speaker, I rise to pay trib- In-House Programs in the School of Industrial Congressional District. It reflected a recogni- ute to a true heroine, Jessica Govea and Labor Relations. There she trained and tion that a system of payments based on acre- Thorbourne, who passed away on January 23 inspired many organizers including Chinese- age was more equitable and reliable than one after a 12-year battle with breast cancer. speaking health care workers, who with her tied to management decisions such as timber Throughout her 58 years, Jessica worked tire- assistance became activists and leaders in harvests or other uses. lessly to improve the lives of immigrant farm Local 1199 of the Service Employees Inter- Counties use their PILT payments for a workers and to strengthen the labor movement national Union. wide variety of purposes, including some— in California, nationally, and in Central Amer- Despite her poor health from her battle with such as law enforcement, fire fighting, and ica. She was a courageous, effective, and vi- cancer, which she believed was caused by ex- search and rescue—that are directly related to sionary leader, and a wonderful person. She posure to pesticides in the fields, she contin- the federal lands within their boundaries and will be sorely missed. ued to be an invaluable colleague in the labor the people who use those lands. Born in Porterville, California, Jessica began movement fighting for economic and social For nearly two decades after the program working in the cotton fields at the age of 4. By justice. was established, PILT funding remained level the age of 9 she was distributing leaflets We thank Jessica for her leadership, her but the value of PILT payments was eroded alongside her father, Juan Govea, a respected courage, and her dedication to the labor by inflation. In 1995, Congress amended the leader of the Mexican American community of movement and to our nation. Her work will law to raise the authorization level. However, Bakersfield. He had been recruited by Fred continue in the laborers she empowered and since 1995, no budget request—from either Ross Sr. and Cesar Chavez to help organize the students she inspired. President Clinton or President Bush—has re- local workers for the Community Service Or- Our thoughts and prayers are with Jessica’s quested more than two-thirds of the amount ganization, CSO. Her mother Margaret also husband, Kenneth Thorbourne Jr., her mother, authorized by the PILT Act. As a result, the became a very effective advocate of CSO. At Margaret Govea, and her siblings. I hope it is burden on county taxpayers has not been re- the age of 12, as the president of the Junior a comfort to them that so many people share duced to the extent that Congress intended CSO, Jessica led other child farm workers in their loss and are praying for them at this sad when it passed the 1995 legislation. a successful petition campaign for a neighbor- time. Our bill would ensure full implementation of that legislation. hood park. f After graduating valedictorian from Bakers- f INTRODUCTION OF BILL TO PRO- field High School, Jessica completed one year HONORING THE 150TH BIRTHDAY VIDE PERMANENT FUNDING FOR of college. She made the sacrifice of foregoing OF WRIGHT COUNTY college to begin working closely with Cesar THE PAYMENT IN LIEU OF Chavez and the United Farm Workers, UFW. TAXES (PILT) PROGRAM It was there as a caseworker that Jessica first HON. MARK R. KENNEDY OF MINNESOTA called attention to the adverse effects of pes- HON. MARK UDALL IN THE HOUSE OF REPRESENTATIVES ticide exposure on farm workers. While most OF COLORADO Tuesday, February 15, 2005 believed that the rashes, headaches and dizzi- IN THE HOUSE OF REPRESENTATIVES ness were from heat exposure, Jessica having Mr. KENNEDY of Minnesota. Mr. Speaker, I suffered the same symptoms herself, believed Tuesday, February 15, 2005 rise today to honor the 150th birthday of it to be pesticide poisoning. Her persistence Mr. UDALL of Colorado. Mr. Speaker, to- Wright County, located in East Central Min- gave fuel to union boycotts and eventually gether with my Colorado colleague, Rep- nesota. Bordered on the north by the Mis- gained national attention when it became the resentative JOHN SALAZAR, I am introducing sissippi River and the east by the Crow River, focus of the 1969 Senate hearing on migrant legislation to provide permanent funding for Wright County was founded on February 20, workers. two programs that are very important to coun- 1855, 3 years before Minnesota became the When she was 21, she was sent to Canada ties and other local units of government in 32nd state. The Big Woods, as Wright County to enlist supporters in the union’s fight against Colorado and many other States. was called then, was inhabited by 504 pio- grape growers. Her passion and eloquent Our bill is identical to one introduced in the neers from across Europe, as well as Native speaking ability won broad support from stu- 108th Congress by Scott McInnis when he Americans from the Dakota and Winnebago dents, laborers, and church groups and drew represented Colorado’s 3rd Congressional Nations. millions of Canadians into the boycott. The District. He was a leader on this issue, and we Wright County was a part of the Louisiana success of the boycott gave the UFW the crit- are joining to work to complete this job that he Purchase in 1803. The Homestead Act of ical leverage it needed to win contracts with began. 1862 accelerated settlement of the area, and the entire California grape industry. Because Under the bill, the full amounts authorized people arrived from across America and Eu- of her warnings, these contracts contained under both the payments in lieu of taxes rope. When the pioneers arrived in Wright

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The construction of the railroad had the Daughters of the Revolution. biggest impact on the county, as farmers In addition to receiving awards for her musi- Mr. TANCREDO. Mr. Speaker, I rise today could get their goods to market faster and cal talent, like the Grammy Lifetime Achieve- to pay tribute to a remarkable individual and a people could move with greater ease. Today, ment, she received numerous other honors for personal friend. Mr. Jerry Wartgow recently the county has a population of over 100,000 her commitment to peace and equality. She announced that he will be stepping down this and is one of the fastest growing areas in the was appointed goodwill ambassador to Asia summer as the Superintendent of Denver Pub- state of Minnesota. and a delegate to the United Nations. She re- lic Schools. He will be sorely missed by all Eventually, the Big Woods region came to ceived the Eleanor Roosevelt Human Rights who had the pleasure of working with him in be called Wright County in honor of Silas Award, the United Nations Peace Prize, the his tireless efforts to improve the quality of Wright, a former Congressman, Senator and NAACP’s Sprigarn Medal for outstanding education and the lives of Denver area youth. Jerry is a wonderful man who is truly dedi- Governor from New York State. Buffalo was achievement by a black American, and the cated to education reform. In his four-plus established as the county seat in 1873. Most President’s Medal of Freedom. of Wright County’s early residents were in- years as superintendent he relentlessly pur- Clearly, Marian Anderson had a resonating sued reforms, a pursuit that sometimes put volved in agriculture, and appreciation for the and inspiring voice with the heart and convic- county’s vast natural resources carries on him at odds with the educational establish- tion to match. Ms. Anderson’s voice was a ve- ment and at loggerheads with state and mu- today. There are nearly 2800 acres of land de- hicle of communication, and music her uni- voted to the nearly 30 county parks. Residents nicipal officials. versal language. Hers’ represented the voice Mr. Wartgow’s dedication to institutional re- also make use of the 298 lakes within the bor- of so many others who were unable to speak form and improving results was matched only ders of Wright County, swimming and boating out against the injustices they faced. by his compassion for the children he worked in the summer and ice fishing in the winter. I am honored to celebrate the issuance of for every day. Jerry was a believer in the no- Mr. Speaker, as a proud resident of Wright the Marian Anderson commemorative stamp tion of education as a lifetime process. He be- County, I am pleased to honor a place so rich today. Ms. Anderson is quite deserving of this lieved that in order to get long term results in in Minnesota history and culture on the occa- recognition. In doing this we eternalize the childhood achievement, education has to start sion of its 150th birthday. courage, conviction, and talent of this remark- early—and he brought that thought process to f able woman. the superintendent’s office. TO COMMEMORATE THE ISSUANCE As he told the Rocky Mountain News last OF THE MARIAN ANDERSON f week, ‘‘Economically, the best possible invest- STAMP THE PASSING OF JON DRAGAN ment is to put money in early childhood edu- cation and kindergarten. There’s no question about it. That’s the best way to go about sec- HON. DANNY K. DAVIS HON. NICK J. RAHALL II ondary school reform—to start early.’’ OF ILLINOIS OF WEST VIRGINIA Jerry recently also told The Rocky Mountain IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES News that, ‘‘Successful leaders have always Tuesday, February 15, 2005 been able to resist the pressure to make Tuesday, February 15, 2005 Mr. DAVIS of Illinois. Mr. Speaker, I rise short-term, quick-fix changes at the expense today to honor one of America’s most shining Mr. RAHALL. Mr. Speaker, it is with deep of sustainable reform.’’ and influential artists, Ms. Marian Anderson. regret that I announce the loss of a true pio- Mr. Speaker, without a doubt Jerry has The recent issuance of a commemorative neer of whitewater rafting in southern West shown himself to be one of those successful stamp in her honor provides an opportunity to Virginia. Jon Dragan, dubbed the ‘‘Father of leaders. Rocky Mountain News columnist Mike recognize her impressive achievements. Whitewater Rafting,’’ passed away on Satur- Littwin recently penned a column about Few musicians in history can claim the num- day at the young age of 62. Wartgow that I think did a fine job capturing ber of achievements Ms. Anderson can. As an Jon came to Fayette County West Virginia the kind of man Jerry is, and I would like to opera singer, she proved to be among the in 1964 to explore our wonderful rivers, the submit it here for the RECORD. world’s best. Her range and ability to commu- New and the Gauley. By 1968 he had opened When Jerry Wartgow leaves his job as DPS nicate a song’s emotion were envied. Ms. An- the first commercial whitewater rafting com- pany on the New River and the rest is history. superintendent in June, he’ll leave the job derson often sang in the original language of undone. the songs she performed, feeling that she It was my great pleasure to work with him Which is, of course, the only way you can would better connect with the native audience. in my early years as a Congressman to estab- leave that job. By the end of her career she had performed lish the New River Gorge as a National River Wartgow will have kept the position for in eight languages and traveled all over the and part of the National Park system in 1978. just over four years. In explaining why he’s world—living and studying for extended peri- His efforts in the process were instrumental leaving, he notes that the typical urban su- perintendent lasts only 27 months. ods of time in Europe. Her voice graced Presi- and the end result has been a lasting wonder That’s not really an explanation—and he dent and Mrs. Roosevelt at the White House for southern West Virginia. didn’t offer a better one—but it is a great and the Inaugural ceremonies for Presidents Throughout his career he continued to take statistic. Eisenhower and Kennedy. After hearing her, part in exciting whitewater adventures, all In 27 months as a school superintendent, the world renowned conductor Arturo Tosca- while finding time to help out the community. it’s easy to either wear out or to wear out nini commented that hers ‘‘. . . is a voice one He was a true public servant to West Virginia, your welcome. Or both. When Wartgow made his announcement at hears once in a hundred years.’’ How true. and he leaves behind many people who were the Denver School of the Arts in a speech be- During her life, Ms. Anderson witnessed and glad to know him, many fond memories and a fore school principals and staff, he got a contributed to some of the greatest changes in great whitewater rafting industry. standing ovation. That’s the way you want history. She lived through two world wars, a Whitewater rafting is a huge part of the to go—before the grumbling gets too loud. depression, and the civil rights movement. As economy in southern West Virginia. It is one And there is some grumbling, of course: an African-American, female performer during of the many wild, wonderful things that bring about struggling high schools, about high a period of history in which that combination tourists to West Virginia and the entire indus- dropout rates, about potential labor prob- lems, about community schools that are not provided particular challenges, she overcame try was started by Mr. Dragan. We owe a always accepted by their communities. prejudice and social limitations. For example, great debt to him for all of his hard work and In his speech, Wartgow pointed to his ac- she was the first black singer to perform on he will forever be remembered in Fayette complishments—one form of education re- stage at the New York Metropolitan Opera County and across Southern West Virginia. form following another; money raised, even

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As an assembly person about how much you can accomplish on the In the time it takes to go from kinder- job. garten through 12th grade and, with luck, on (1965–1968), she sponsored legislation that It turns out to be a lesson—get out your to college, a student has lived through a cou- instituted programs which provided college paper and pencil—for ‘‘education’’ presidents ple of mayors, a couple of governors, maybe funding to disadvantaged youths, and suc- and ‘‘education’’ governors and ‘‘education’’ three or four superintendents, and all with a cessfully introduced a bill that secured unem- mayors and school board members and state farewell speech to deliver. ployment insurance for domestics and day- When Wartgow says he doesn’t have an an- legislators and congressmen and, yes, super- care providers. In 1968 Chisholm won a seat intendents and everyone else who makes swer for this problem, he is being modest. He education policy. does, at the very least, have a suggestion, in the House of Representatives becoming the And so, of course, Jerry Wartgow’s lesson which would fit nicely on a sampler. first African American woman to be elected to turns out to be a lesson even for Jerry ‘‘My quote,’’ he said, ‘‘is that successful Congress. She found herself one of ten Wartgow himself. leaders have always been able to resist the women and nine African Americans in the It’s simply this: ‘‘Education reform’’ and pressure to make short-term, quick-fix prestigious body. ‘‘quick fix’’ don’t belong in the same sen- changes at the expense of sustainable re- tence. And politicians are, by nature of their form.’’ Representing an entirely inter-city constitu- jobs, addicted to the quicker-than-really- Lesson given. Lesson learned? ency, Chisholm protested her relegation to the possible fix. f Agriculture Committee, an assignment she Wartgow put it this way: ‘‘We live in a so- considered insulting. She would often criticize ciety of instant gratification. People want PAYING TRIBUTE TO SHIRLEY Congress for being too clubby and unrespon- instant answers, instant solutions, ignoring CHISHOLM: AN AMERICAN HER- sive. It was during these challenging times the complexities of so many of these issues. OINE ‘‘You take societal problems that can’t be that Chisholm exemplified one of the most im- solved by legislators and they pass them on portant characteristics of a pioneer—the deter- to the schools. And then they expect the HON. AL GREEN mination to strive for more and to not accept schools to solve them.’’ OF TEXAS ‘‘no’’ for an answer. With a character that she You know the fixes. Vouchers will fix the IN THE HOUSE OF REPRESENTATIVES has described as ‘‘unbought and unbossed,’’ schools. Or testing will fix the schools. Or merit pay for teachers will fix the schools. Tuesday, February 15, 2005 Chisholm became known as a politician who Or charter schools will fix the schools. Or Mr. AL GREEN of Texas. Mr. Speaker, I refused to allow her colleagues, including the getting back to basics will fix the schools. rise today to honor an extraordinary woman in white male-dominated House of Representa- Or—and, yes, this may be an extreme case— tives, to deter her from her goals. She re- dumping Bless Me, Ultima in the trash will American history. Shirley Chisholm, an out- spoken advocate for women and minorities marked that, ‘‘Women in this country must be- fix the schools. come revolutionaries. We must refuse to ac- And that’s just from one side of the edu- during her seven terms in the House of Rep- cational divide. resentatives, passed on January 1st. This cept the old, the traditional roles and stereo- ‘‘We’ve been working on reform of edu- iconoclastic political figure has been lost and types.’’ She subsequently served on a number cation since 1978,’’ Wartgow said. ‘‘We’ve forgotten in many of today’s civic classes in of committees, including the Education and spent billions of dollars. Every state legisla- this country but her ideals have seen a rebirth. Labor, and campaigned for a higher minimum ture has had its own reforms. There are hun- Born in 1924 to parents that emigrated from wage and increased federal funding for dis- dreds of thousands of pages of legislation.’’ advantaged communities. In her first term in In his speech, this is what he asked for the West Indies, Chisholm was raised in an from the legislature: no more education leg- American society that told African Americans Congress, Chisholm hired an all female staff islation. to stay in their place and women to stay at and was an unyielding advocate of social jus- ‘‘I’ve lived through all the cycles,’’ he said. home. Chisholm vehemently rejected this tice, women’s rights, the underprivileged and ‘‘You don’t give your children soft drinks— canon which ultimately shaped and fueled her people of all races, nationalities and faith. you give them fruit juice. Look in the paper political career—becoming both the first Afri- today, and there’s a story about the dangers On January 25, 1972 Chisholm became the can American woman elected to Congress first African American woman to campaign for of fruit juice. and the first black or woman to wage a seri- ‘‘It’s the same with education reforms. And the presidency. She admitted that she stood ous campaign for a major party’s presidential it’s further complicated because people mak- no real chance of winning but wanted to gal- nomination in 1972. ing the decisions are on a different time vanize minority communities, working class Shirley Chisholm excelled in academics at frame than the students. whites and young people into a sizable polit- ‘‘If you’re a mayor for four years, or you’re Girls High School in Brooklyn, New York, from an urban superintendent for 27 months, or if which she graduated in 1942. After graduation ical force. Chisholm ran as ‘‘the candidate of you’re on the school board, what you’re try- she attended Brooklyn College where she ma- the people,’’ receiving 151 delegate votes at ing to do is to make a statement in the time jored in sociology. It was there that she expe- the Democratic National Convention that year. you’re there. If you’re a young super- rienced blatant racism. When black students During the campaign, she experienced re- intendent, with a family to worry about, you’ve got 27 months. And if you don’t show at Brooklyn College where denied admittance sistance from her colleagues, including the progress . . .’’ into social clubs, Chisholm formed alternate Congressional Black Caucus for which she It’s a story you see played time and again. ones. She would go on to graduate with hon- was a founding member, and was attacked ‘‘The reform time frame,’’ Wartgow said, ors in 1946 but found herself turned away by four times on the campaign trail. Chisholm’s ‘‘is out of sync with the policymakers’ time employers time and time again. During this bid for the presidency was not fruitless—her frame.’’ time many black graduates found it difficult to legacy and work has ushered in a generation In Wartgow’s time frame, he will quit just obtain employment commensurate to their of exceptional leaders—from presidential can- after a report on secondary school reform is education. It was a culmination of these completed. One reason he’s leaving, he says, didate Jesse Jackson, to former U.S. Senator is that he couldn’t see himself staying long events in her life that led Chisholm to vow to Carol Mosley Braun to Democratic Leader enough to properly implement those reforms. fight against injustices everywhere. After grad- NANCY PELOSI. ‘‘We know that economically the best pos- uation, she would earn a masters degree in sible investment is to put the money in early child education from Columbia University and Shirley Chisholm once commented, ‘‘There childhood education and kindergarten,’’ later served as director of the largest nursery is little place in the political scheme of things Wartgow was saying. ‘‘There’s no question school network in New York. for an independent, creative personality, for a about it. That’s the best way to go about sec- In 1949, Chisholm participated in local poli- fighter. Anyone who takes that role must pay ondary-school reform—to start early. tics, helping to form the Bedford-Stuyvesant a price.’’ Mr. Speaker, I believe obscurity is ‘‘But here’s the problem: The benefit won’t too high a price for Mrs. Chisholm to have to be seen for years. I think that’s it. I think political league. She also became active in the that’s the issue. I don’t have the answer, but Brooklyn chapter of the National Urban pay. We all owe her a debt of gratitude for the I’ve observed the problem. League and in the National Association for the work that she’s done to advance the causes of ‘‘The time frame for everything we know Advancement of Colored People (NAACP), all Americans and for that legacy our country about how long it takes for education reform where she debated minority rights. Chisholm’s will be eternally grateful.

VerDate Sep 11 2014 11:01 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00139 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR15FE05.DAT BR15FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 15, 2005 EXTENSIONS OF REMARKS 2375 INTRODUCTION OF A RESOLUTION to proclaim that the first Wednesday of March keep the importance of our future in mind as TO HONOR THE CHILDREN OF each year should be named National Chil- we make decisions everyday here in Con- AMERICA dren’s Day in honor of the future generations gress. of our country. In that spirit, I believe this legislation is fit- HON. MARK UDALL The Great Sioux Nation can be used as a ting as it honors the importance of our Na- OF COLORADO role model to lawmakers in America as we de- tion’s children and the role that we as adults IN THE HOUSE OF REPRESENTATIVES bate any bill here on the floor of the House of have in the upbringing of a child. Through Representatives. They place a high value on Tuesday, February 15, 2005 special attention from the adults in a child’s the children of the tribe, as they represent the Mr. UDALL of Colorado. Mr. Speaker, today life, that child is more likely to experience suc- my fellow colleague from Colorado, Rep- future of the tribe. When important decisions are being made, the Sioux always discussed cess throughout their life. This resolution resentative BEAUPREZ, and I are again intro- urges adults to set aside time throughout the ducing a resolution to honor this Nation’s chil- what the impact of the decision would be, not on the current generation, or the next genera- day to support a child in their life or commu- dren and express the desire to mark the first nity. Wednesday in March as National Children’s tion, but the seventh generation out. Day. The Sioux Nation placed a priority on the fu- I urge my colleagues to support this resolu- The resolution expresses the sense of the ture of the tribe, through its children. I believe tion, and spend some time with a child in their House of Representatives urging the President that it is important that we, as lawmakers, lives.

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