Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, FIRST SESSION

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

Vol. 151 WASHINGTON, TUESDAY, MARCH 8, 2005 No. 26 House of Representatives The House met at 12:30 p.m. Wiseman in 1992, a handful of judges The irony of the Supreme Court hear- f have interpreted the first amendment’s ing on these cases last week and of the establishment clause, misinterpreted, I outright hostility that the Court has MORNING HOUR DEBATES might add in my view, to exclude more displayed against religion in recent The SPEAKER. Pursuant to the and more expressions of religion from years is that above the head of the order of the House of January 4, 2005, the public square. Chief Justice of the Supreme Court is a the Chair will now recognize Members Now we are at the point where chil- concrete display of the Ten Command- from lists submitted by the majority dren are not allowed to pray in public ments. and minority leaders for morning hour schools. The mildest nonsectarian in- debates. The Chair will alternate rec- vocations are forbidden at public And close to these commandments is ognition between the parties, with each events, the Boy Scouts are ostracized a marble sculptured relief of Moses party limited to not to exceed 30 min- for mentioning God in their oath, and himself, the great lawgiver. And let us utes, and each Member except the ma- even the words ‘‘under God’’ in the not forget that at the beginning of jority leader, the minority leader or Pledge of Allegiance are under fire. each session at the Court, the crier the minority whip limited to not to ex- Perhaps these Ten Commandments opens with the proclamation: ‘‘God ceed 5 minutes. cases will be the turning point in the save the United States and this Honor- The Chair recognizes the gentleman legal war against religion. We need to able Court.’’ have a commonsense approach towards from Florida (Mr. STEARNS) for 5 min- I agree with Justice Scalia and with utes. the relationship between religion and the State. That is why I was particu- the vast majority of the American peo- f larly interested to hear Justice ple. In fact, to quote former Supreme IN DEFENSE OF THE POSTING OF Scalia’s take on this case. Court Justice William O. Douglas: ‘‘We THE TEN COMMANDMENTS He was his usual straightforward and are a religious people whose institu- honest self in his questions. He asked tions presuppose a supreme being.’’ Mr. STEARNS. Mr. Speaker, last the ACLU lawyer, ‘‘If a legislature can That is why I have introduced legisla- week a few of us had the opportunity open its session with the public present tion to display the Ten Commandments to attend the opening arguments at the with a prayer, why can it not, in the in the Capitol. United States Supreme Court for two same building, post the Ten Command- Mr. Speaker, the fact of the matter is cases about the public display of the ments?’’ He also called the Ten Com- that the Ten Commandments are a his- Ten Commandments. mandments ‘‘a symbol of the fact that torical document that contains moral, These cases are very interesting be- Government derives its authority from ethical, and legal truisms that any per- cause not only are they specifically God, which seems to me an appropriate about the Ten Commandments, but in symbol to put on Government son of any religion or even an atheist a larger sense, they are about the long- grounds.’’ can recognize and appreciate. They running dispute over the so-called sep- Justice Scalia also logically noted present a concise set of values that rep- aration of church and state. I say so- that those who oppose the Ten Com- resent the moral background of this called, because there is not one word in mandments on public grounds would Nation and our common view on right the Constitution that mentions this al- ‘‘also think that Thanksgiving procla- and wrong. leged separation of church and state. mations are also unconstitutional, I believe that they promote a com- And for over 150 years, the Supreme which were recommended by the very mitment to decency, which is why I Court barely referenced this infamous first Congress, the same Congress that have them hanging in my office. We phrase at all. The establishment clause proposed the first amendments.’’ start off every day with prayer and the of the first amendment provides that Mr. Speaker, this is an issue that the Pledge of Allegiance. Over the Speak- ‘‘Congress shall make no law respect- American people care about deeply. In er’s rostrum it is posted, ‘‘In God we ing an establishment of religion.’’ For fact, according to a recent AP poll, 76 Trust.’’ over 150 years, this was commonly un- percent of Americans support these re- derstood to mean that the Federal Gov- ligious displays, which Justice Scalia There are statues and representa- ernment cannot establish a national alluded to when he said the Ten Com- tions of religious figures scattered religion as the English did with the An- mandments send ‘‘a profoundly reli- throughout the Capitol and House glican Church. gious message, but it is a profoundly buildings. Posting the Ten Command- But ever since cases like Everson in religious message believed in by a vast ments would fit right in and would 1947; Engel, 1961; Lemon, 1971; and majority of the American people.’’ merely serve to remind Members that

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

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VerDate Aug 04 2004 05:49 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MR7.000 H08PT1 H992 CONGRESSIONAL RECORD — HOUSE March 8, 2005 we have the responsibility as law- puts Americans at risk. The reason I would like to express my thanks for makers to be as fair and just as pos- that we obey these quaint notions the leadership in that caucus to our sible. Certainly a reminder of God’s law against torture is not just because it is former colleague, Ms. Dunn, who put a would be appropriate as we consider morally wrong but tactically it puts tremendous amount of leadership in the Nation’s laws. Americans at risk in uniform and not. this, and to the gentlewoman from f Mr. Speaker, I am concerned about Texas (Ms. GRANGER) and the gen- how Congress can sit on the sidelines tleman from Nebraska (Mr. OSBORNE), SUPPORT FOR FREEDOM AND and let the press and human rights who are continuing to work and lead HUMAN RIGHTS groups do our job. Well, actually, they this group as we seek to help the Iraqi The SPEAKER pro tempore (Mr. can only do part of our job. They can women. PENCE). Pursuant to the order of the get the truth out, and that ought to be I would like to share with the body House of January 4, 2005, the gen- something that each Member of Con- some of the e-mails and some of the tleman from Oregon (Mr. BLUMENAUER) gress ought to be concerned about. But communication that has been ex- is recognized during morning hour de- being able to fix abuses, to hold respon- pressed from these women as women bates for 5 minutes. sible parties accountable for violation and as free people to speak on Inter- Mr. BLUMENAUER. Mr. Speaker, we of human rights, a United States policy national Women’s Day. come to the floor to speak to the and perhaps law, that is our job. This e-mail says: this is the second American public. Sometimes we come Mr. Speaker, in the history of this year Iraqi women have contributed to to speak to one another. country perhaps a half billion Ameri- this important international gathering It is in that spirit of speaking to my cans have lived; only 11,571 Americans as free and independent people. They fellow Members of Congress that I rise have been privileged to be Members of had a goal of 25 percent representation today. Like you, I was horrified when Congress. Who do we represent in this rights for women in the National As- the pictures at the Abu Ghraib prison matter? Yes, we listen to special inter- sembly in Iraq. Iraqi women have first came forward, and then the addi- ests, those with strong political voices. reached a target beyond that, with 31 tional admission of abuse, mistreat- We listen to the voters. We listen to percent representation. Spectacular. ment, indeed, torture at the hands of the press. But at the end of the day, Spectacular. people that we were responsible for. the things that matter most to us, I am b 1245 And it seems, Mr. Speaker, that this convinced, are our family, our friends, Another, ‘‘Iraqi women are now in is not an isolated set of circumstances. the outstanding men and women who the future that we all dreamed of. Iraqi Indeed, there are more stories coming work for us here on Capitol Hill, who women are heroes. They deserve to be out of torture and death of detainees, are almost like family. How can we leaders. They deserve to participate in and of extraordinary rendition, where look them in the eye when such a cloud building the bright future for their people the United States is concerned hangs over America’s honor? children. We owe our brave brothers with, we allow them to be transported I strongly urge each of my colleagues and partners their support and under- to other dictatorships where we know to look deep into their hearts and standing. Together, we all celebrate that they will be abused. think about what they are going to do the International Women’s Day.’’ I have been horrified as the stories to provide the answer to their friends, And another, ‘‘This day, March 8, is a start to come out, broadly reported in their family, their neighbors, their sign of civilization and democracy. Let the press; and from Amnesty Inter- staff about what we are doing to pro- us celebrate together.’’ national, and the Red Cross. I, like tect America’s honor and to protect Another, ‘‘Your voice is reaching you, my fellow Members of Congress, the abuse of human rights wherever it other countries in the Middle East. Our am horrified that the United States may be. sisters in Saudi Arabia, Bahrain, and would be lumped into the same cat- f Kuwait are also rising. People are egories as countries that we are trying INTERNATIONAL WOMEN’S DAY speaking out and enjoying democracy. to encourage to honor human rights. Congratulations to all, celebrating the Syria, Egypt, Morocco, Saudi Arabia The SPEAKER pro tempore. Under a spirit and courage and contributions of look to be countries where we have al- previous order of the House, the gentle- Iraqi women who have added to the vi- lowed people or sent them to be tor- woman from Tennessee (Mrs. tality, the richness, and the diversity tured. BLACKBURN) is recognized for 5 min- of Iraqi life. In this amazing trans- This took on a decidedly local flavor utes. formation to democracy in our coun- for me as press accounts came out that Mrs. BLACKBURN. Mr. Speaker, try, we must recognize women’s his- a shadow, perhaps illegal dummy, front today is International Women’s Day, toric accomplishments and always company, Bayard Foreign Marketing, and I come before the body this morn- honor those who have left us behind to LLC, in my home town of Portland, Or- ing to salute our Iraqi women friends. carry through.’’ egon, was used to transport these peo- I have with me a group of e-mails that Mr. Speaker, I am so encouraged by ple. I have received the past couple of days the voices of freedom that we hear in It appears to have been this com- from the Iraqi women that we have this budding democracy. I stand today pany, organized in violation of Oregon been working with; and they are ex- to salute the Iraqi women and to en- law, to hide the true nature and pressing their thanks to our military courage them as they continue to work breadth of this extraordinary rendition men and women who have fought so toward freedom, hope and opportunity program. It is important for us as diligently and have worked right in their country. Members of Congress to be clear. Tor- alongside with them and with their f ture is morally wrong. It is not just a country to help their country go quaint idea that some people feel that through successful elections, to recog- NO PLAN FOR SOCIAL SECURITY it is morally wrong, but it is immoral. nize the freedom that they have sought SOLVENCY Additionally, torture is a bad idea for and that they have fought for and The SPEAKER pro tempore (Mr. intelligence purposes. The experts tell longed for for 30 years. So it is with PENCE). Pursuant to the order of the us that if you attempt to drown, beat, great excitement today that they are House of January 4, 2005, the gen- shock, freeze people, deprive them of communicating with us as a free people tleman from Oregon (Mr. DEFAZIO) is sleep long enough, they will admit to and as free women. recognized during morning hour de- almost anything you want them to Not only are they grateful to our bates for 5 minutes. admit to, but it is not the soundest military, Mr. Speaker, they are grate- Mr. DEFAZIO. Mr. Speaker, the basis upon which to base our intel- ful to those of us in the Congressional President of the United States, despite ligence decisions. Iraqi Women’s Caucus, from both sides confusion in the press, does not have a Furthermore, when prisoners are tor- of the aisle here in this body, a group plan to ensure the long-term financial tured, it taints the case against them; that has come together to walk with solvency of Social Security. His privat- makes it impossible to bring them to them as they walk toward opportunity ization plan would actually reduce So- justice in a court of law; and, sadly, it and hope and freedom. cial Security’s income and accelerate

VerDate Aug 04 2004 02:09 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.008 H08PT1 March 8, 2005 CONGRESSIONAL RECORD — HOUSE H993 its financial problems. His privatiza- well will see they have to pay that she is not. The correct term to describe tion commission, which met a few money back to the government, and Terry Schiavo is brain-damaged, se- years ago, did have some solutions to then the government will say your So- verely brain-damaged, but you can see the financial solvency of Social Secu- cial Security benefits are really low. her on videos. Now the judge will not rity. Generally, their preferred solu- This is the President’s so-called privat- let people such as myself go in there to tion was to dramatically reduce future ization plan. The government would see her even though the family would benefits, to change from wage indexing force, force people retiring to buy an like me to be able to examine her. But to price indexing, which means a young annuity, to bring their Social Security according to the family, she is the person who retires in 40 years would benefit for their predicted lifetime up same way. She is responsive. She will see generally a Social Security benefit to the predicted poverty level. It would look at you, attempt to vocalize. She reduced by 40 percent, far in excess of force people to do that. What a boon will attempt to kiss her parents. the predicted possible shortfalls that for the private insurance industry. Of The judge in the case, Judge Greer, Social Security might have if we did course, these would not be guaranteed has tried to dismiss these obvious be- nothing. by anybody. You buy one of those haviors indicating that she does have a Now the President says he has not plans. That insurance company goes higher level of functioning and she recommended that. He has not rec- broke. Sorry, you just lost everything. should not be described as vegetative, ommended dramatic reductions in ben- So instead of an assured benefit as primitive reflexes. And I would as- efits; it is just on the table. He has also under Social Security, taxpayers would sert as a physician that it is extremely said increasing the retirement age is be purchasing a very expensive annuity dangerous to walk down that kind of a on the table, and it is already pro- that does not have survivor’s benefits, path, where you have somebody with grammed to go up to 67 by 2020. We are is not indexed for inflation, unlike So- mental retardation, disability or any going to have people 70 years old log- cial Security, but then very few people type of brain injury and you start as- ging in the Oregon forests and working maybe, according to a Wall Street cribing obvious human-like behavior other back-breaking jobs across Amer- Journal article a couple of weeks ago, on the part of these individuals as ica. But he says that is just on the none of the people in all probability, being primitive reflexes and that these table. He has not recommended that but maybe a few would do even better, people are expendable. yet. and they could keep that extra money. Terry is under a court order to with- He did, in an encouraging manner, So we would undermine the guaran- draw food and water. This is unprece- leave open the door a tiny bit to a fair teed benefit indexed for cost of living dented in our legal history. Previous solution, which would be lifting the cap with survivor’s and disabilities benefits cases that received national notoriety, on wages. Only people who earn less for all working Americans so maybe a like the Karen Ann Quinlan case, in- than $90,000 a year pay Social Security few could do better, but the insurance volved family and physicians mutually taxes on all their income. He left that companies could do a lot better. The recognizing that this person did not door open. brokers who manage the accounts have a chance of surviving and wanting In fact, I have introduced a plan in could do a lot better, but other people to withdraw, in the case of the Quinlan the last 30 Congresses which would would be left in the cold. case, a respirator, and the court going fully ensure the future of Social Secu- And what about survivor and disabil- along with it because the clinicians in- rity by lifting the cap, reducing taxes ities benefits? They cannot talk about volved did not want to be prosecuted for those who earn less than $94,000, that, because it is impossible. You are for manslaughter or murder. and people who earn more than $94,000 18 years old. You go into the so-called In this case, there is a dispute. The pay more in taxes. But that door was optional account. You save every husband wants to terminate food and promptly slammed by the Republican penny you are allowed to invest. At 24, water, and the family, in the form of leaders in Congress. No, they are not you are tragically hurt in an accident. the mother and father, vehemently going to do that. That would benefit You are not capable of working for the being opposed to it. working people too much. rest of your life, and you can withdraw The judge has stepped in, and I think So we are back to the point where your $8,000 in your Social Security pri- he has made some clinical judgments the Republicans do not have a plan to vate account and live on that. No, you that are not really founded in good ensure the financial security of Social cannot. clinical science. I am certain if doctors Security. They do have a plan to make We need to deal with disability bene- put an EEG on her, we would see exten- it worse, to carve out resources, to re- fits, survivor’s benefits and financial sive brain waves indicating activity in direct income from Social Security problems of Social Security, and the the visual cortex and in the speech cen- into a privatization plan. President has not done that with his ters, and she should not be defined as Some people get excited when they so-called privatization plan. vegetative, hear privatization. They think: It is f My bill, H.R. 1151, Incapacitated Per- my money; I can do what I want with sons Legal Protection Act, would sim- it. No. Here are the details. They are INCAPACITATED PERSONS LEGAL ply extend to Terry Schiavo the same detailed in this proposal, very detailed. PROTECTION ACT benefits currently afforded death row Wage earners can divert 4 percent, two- The SPEAKER pro tempore. Pursu- inmates, and she is under a death war- thirds of their contribution. They can ant to the order of the House of Janu- rant, death by essential dehydration. It divert it into government-chosen con- ary 4, 2005, the gentleman from Florida would allow her to receive legal rep- servative, as the President says, index (Mr. WELDON) is recognized during resentation, the same kind of legal rep- funds that will be managed by a com- morning hour debates for 5 minutes. resentation that death row inmates re- pany chosen by the government. You Mr. WELDON of Florida. Mr. Speak- ceive. Currently, she does not have her could not touch your money, could not er, I rise to speak on the legislation I own attorney. Her parents have an at- borrow against it, like people in have just introduced, the Incapacitated torney. Her attorney has an attorney. 401(k)s, or withdraw it early. The gov- Persons Legal Protection Act, enrolled Under this bill, she would get legal rep- ernment would control the money until as H.R. 1151. This legislation’s imme- resentation. It would allow for a more retirement, and then the government diate intent is to deal with the issues detailed review of the case. would compute a bill, and the bill surrounding Terry Schiavo. As a clinician, she has gotten, to my would be how much your taxes would I practiced medicine for 15 years knowledge, according to the family I have earned in the Social Security prior to my election to the House of have spoken to, no therapy since 1993. I trust fund plus inflation plus manage- Representatives. I still see patients know from having worked with stroke ment fees, and they give you that bill. once a month, and I was involved in victims and therapists, you can some- If investments did not do well, the numerous cases involving situations times give these people thicken liquids, wage earners might end up writing a like this. and they are able to swallow. Evi- check to the Federal Government when Terry has been described in the press dently, Terry, prior to the termination they retired. No privatization account as being in a vegetative state, and I be- of her therapy, was working with a for them. Other people who did pretty lieve that she is not, absolutely that speech therapist and was able to say a

VerDate Aug 04 2004 02:09 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.003 H08PT1 H994 CONGRESSIONAL RECORD — HOUSE March 8, 2005 few words. She may be able to survive turned their TV sets off and gone to vote closed, and that is how Medicare without a tube. bed and after most of the media which privatization passed. Another important point I want to sits up there has left. As I said, always We have seen in this body a new leg- make here, there was a $1.56 million on a Thursday night, because if it gets acy of one-party rule, legislative medical malpractice settlement that in the paper at all, it would appear strong-arming and abuses of power was provided for her care. Much of that then in the Saturday paper, the paper never before seen under leaders of ei- has been spent on legal fees trying to that is the least read paper of the ther party in this House of Representa- end her life. This is not a case where week. tives, hiding votes from the American the State is spending a lot of money. That was just the beginning. Then public under the cover of darkness. We The resources are there to take care of came the Medicare vote. The final spend plenty of time, Mr. Speaker, her needs in the future. Her parents do round of the Medicare vote took place passing votes on naming post offices in not want to see her dying of starvation in November. The debate began at mid- the middle of the day and doing impor- and thirst. I think it is fully appro- night on a Friday night in November. tant controversial votes at night. priate for us to step in, for her to have The debate took 3 hours. The vote Mr. Speaker, this abuse of power has a right, the same right a death row in- began at 3 a.m. Members of Congress to stop. mate gets, and to allow, hopefully, re- are given this card, which we stick in a f view in front of a Federal judge review- little black box on the House floor to SOCIAL SECURITY ing all of the facts in this case. When vote. The votes as we all know are then doctors really look at the facts, I think recorded electronically. Almost all of The SPEAKER pro tempore (Mr. it is very, very hard to justify ending us went down and cast our votes. Pret- PENCE). Pursuant to the order of the her life in such a way. ty soon after the vote was called at 3 House of January 4, 2005, the gen- So I would encourage all of my col- o’clock in the morning, the privatiza- tleman from New Jersey (Mr. PALLONE) leagues to sign on and support the bill tion of Medicare, the most important is recognized during morning hour de- and, most importantly, for our leader- piece of domestic legislation that prob- bates for 5 minutes. ship on both sides of the aisle to allow ably anybody in this body had ever Mr. PALLONE. Mr. Speaker, last Fri- expedited review. If not, her tube is voted on, at 3 o’clock in the morning day, President Bush quickly stopped in scheduled to come out March 18. the vote began, as I said. We are nor- on Westfield, New Jersey, to talk to a bunch of his supporters about his So- f mally given 15 minutes, an extra 5 minutes sometimes, to cast our votes. Nor- cial Security privatization proposal. THE VALUES OF DEMOCRACY mally not much more than that. The Westfield, New Jersey, stop was The SPEAKER pro tempore. Pursu- At 3:30 the vote was still on. At 4 part of a 6-week push to convince ant to the order of the House of Janu- o’clock, an hour after the vote had Americans that the Social Security ary 4, 2005, the gentleman from Ohio begun, an hour after most of us voted, program faces an immediate crisis. The (Mr. BROWN) is recognized during morn- the vote was 216 ‘‘yes’’ and 218 ‘‘no.’’ At President did not do as well as he ing hour debates for 5 minutes. about 4:15, the Republican leadership, wanted, and so now he has hired a cou- Mr. BROWN of Ohio. Mr. Speaker, the Speaker of the House, the majority ple of public relations experts to run a something terribly wrong has happened leader, the chairman of the committee war room at the Social Security Ad- in the House of Representatives. I am that the gentleman from New Jersey ministration. The administration is not talking about, from a partisan and I are on that wrote the bill began also beginning a 60-day push to con- standpoint, the Republican takeover in to go around to recalcitrant Members vince voters that his privatization plan 1995, I am not even talking about the of their party, Republican Members is the best thing for both seniors today ascension of Newt Gingrich to the who had voted ‘‘no,’’ trying to get and young people tomorrow. Speakership. What I am talking about them to change their vote. It is now Mr. Speaker, President Bush has is the ascension of a new kind of House 4:30. They woke up the President of the failed in convincing Americans that his leaders who have run this institution United States who from his living plan is the way to go because he has even as former Speaker Gingrich has quarters at the White House got on the even admitted that privatization does said, not in the fairest possible way, phone and began to try to lobby the 26 nothing to fix the solvency problem So- basically in an unprecedented way. We or 27 Members of the Republican side cial Security faces in the year 2052. As have seen things in the House of Rep- who had voted ‘‘no’’ on Medicare. They the President goes around the country resentatives in the last couple of years all stood their ground. pitching his privatization plan, he con- that we have literally never seen. At about 4:45, the Republican leaders tinues to exaggerate Social Security’s I want to tell a story and spell out surrounded Nick Smith, a Republican current fiscal state. Last Friday in what I mean by this one example. Be- from Michigan, who told his story on Westfield, he claimed, ‘‘The safety net ginning a couple of years ago, at 2:54 the radio the next day. He had already has a hole in it,’’ and he continues to a.m. on a Friday in March, the House announced his retirement. His son was say that the whole system goes broke of Representatives cut veterans’ bene- running for his seat. He was told that if in 2042. fits by three votes. he changed his vote, they would come That is simply not true. Based on the At 2:39 a.m. on a Friday in April, the up with $100,000 for his son’s campaign. most current estimates from the non- House slashed education and health When he said no, they said, if you do partisan Congressional Budget Office, care benefits by five votes. not change your vote, we will come up Social Security is fully solvent until At 1:56 a.m. on a Friday in May, the with $100,000 for your son’s opponent’s 2052, meaning that every benefit that House passed the Leave No Millionaire campaign. has been promised to seniors, the dis- Behind tax-cut bill by a handful of Congressman SMITH, under great du- abled, and survivors can be paid votes. ress with great courage, said, Nothing through that year. Imagine that. There At 2:33 a.m. on a Friday in June, the doing. Incidentally, his son later lost is no other government program that is House passed the first round of the the primary. Finally, it is 5 o’clock. It fully funded for the next 47 years. And Medicare privatization bill by one vote. is 216–218. It is 5:30. It is 216–218. It is President Bush calls this a crisis? At 12:57 a.m. on a Friday in July, the 5:45 in the morning. It is still 216 ‘‘yes,’’ The President is also wrong when he House eviscerated Head Start by one 218 ‘‘no.’’ Two hours and 55 minutes says the program goes broke in 2042, vote. after the vote was called, two Repub- because, as I stated, it is not only fully After returning from summer recess, licans, one from Idaho and one from solvent another decade after that, but at 12:12 a.m. on a Friday in October, Arizona, came out of the cloakroom, what exactly happens in 2052? When the House voted $87 billion for Iraq. walked down here, picked up one of President Bush says Social Security these green cards, you cannot use the goes broke, most would believe there is b 1300 plastic electronic card that late in the no money left after 2052 in Social Secu- Always on a Thursday night, Friday voting, marked the card, changed their rity. After all, if you look at Webster’s morning, always in the middle of the vote, sheepishly handed it to the House Dictionary, it defines ‘‘broke’’ simply night, always after the public has Clerk, the Speaker then gaveled the as ‘‘penniless.’’ Again, this is another

VerDate Aug 04 2004 02:09 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.004 H08PT1 March 8, 2005 CONGRESSIONAL RECORD — HOUSE H995 fabrication because even after 2052, the PRAYER SOCIAL SECURITY IS NOT SECURE Social Security system would still The Reverend E. Terri LaVelle, Pro- (Mr. PRICE of Georgia asked and was have enough money to be able to pay gram Director, The Faith & Politics In- given permission to address the House out 80 percent of all guaranteed bene- stitute, Washington, D.C., offered the for 1 minute and to revise and extend fits. That does not sound broke to me: following prayer: his remarks.) 100 percent to 2052, 80 percent after God of compassion, grace, mercy, rec- Mr. PRICE of Georgia. Mr. Speaker, that. How is that a crisis? How is that onciliation, we are coming boldly to you know Social Security is quickly broke? the throne of grace to obtain mercy becoming social insecurity for millions Again, the President exaggerates the and find grace to help in the time of of Americans approaching retirement. solvency of Social Security. But what need. Thank You for these, my broth- Let us take a step back for a moment has he proposed that will extend that ers and sisters elected to serve the and take the politics and the pundits solvency beyond 2052? The answer is, common good of all humanity. Give di- and rhetoric out of the debate, and let nothing, as of today. Last Friday in vine guidance and wisdom individually us examine the most overlooked aspect New Jersey, the President said, ‘‘We’ve and collectively as they carry out their of what has been discussed thus far, the got to make sure we save the safety sworn duties. facts. net for future generations.’’ But even Give them ears to hear, and hearts to Fact: Social Security is safe for to- the President has admitted that his discern what the needs are, and boldly day’s seniors, but is in serious danger privatization plan does nothing to ex- meet the challenges even when it infor our children and our grandchildren. tend the solvency of Social Security. In volves making hard and uncomfortable Fact: since the 1950s, the number of re- fact, because the President’s plan choices. tirees has been rising faster than the would take money out of the Social Se- God, Your word states that You have number of workers. And fact: without curity trust fund to pay for these pri- not given us a spirit of fear but of love, reforms, Social Security is not sustain- vate accounts, Social Security would power, and a sound mind. Empower able in the long run. actually become insolvent more than this congressional body to operate in Mr. Speaker, the system is not in cri- 20 years earlier under President Bush’s love, Godly power, and with sound sis; the system is not in limbo. The plan. minds. Your word says that we have system which worked well for many, Mr. Speaker, for 70 years, Social Se- been given the word and ministry of many years is now broken. curity has improved the lives of mil- reconciliation. Payroll taxes have been raised 20 lions of Americans. Nearly 47 million Let these, Your servants called Con- times since the 1930s to keep the sys- people receive Social Security benefits, gresswomen and Congressmen, be serv- tem functioning, and that is no longer including more than 32 million retired ants of reconciliation domestically and an option. Soon Social Security will be workers. Of those, two-thirds receive globally. In the name that is above paying out more than it takes in. No more than half of their retirement in- every name, Amen. matter which side of the aisle you are come from Social Security, meaning on, if things continue the way they are, that without the guaranteed benefit of f there will be no security for our chil- Social Security, more than two-thirds dren and our grandchildren. of today’s seniors would be living in ex- THE JOURNAL treme poverty. The SPEAKER pro tempore. The f Social Security gave our parents and Chair has examined the Journal of the RAISE THE MINIMUM WAGE our grandparents independence. Demo- last day’s proceedings and announces (Mr. PALLONE asked and was given crats, Mr. Speaker, are willing to work to the House his approval thereof. permission to address the House for 1 with the President in a bipartisan fash- Pursuant to clause 1, rule I, the Jour- minute.) ion to address Social Security’s future, nal stands approved. Mr. PALLONE. Mr. Speaker, Repub- but we simply refuse to support the Mr. PRICE of Georgia. Mr. Speaker, licans in the Senate yesterday showed President’s privatization proposal be- pursuant to clause 1, rule I, I demand a that they have no interest in helping cause it dismantles the independent vote on agreeing to the Speaker’s ap- millions of working families who clock Social Security program. Our seniors proval of the Journal. 40 hours a week at their jobs for the now have a guaranteed benefit. They The SPEAKER pro tempore. The minimum wage. Today, millions of would not have one if we adopt the question is on the Speaker’s approval hard-working Americans are working President’s plan. And it does nothing of the Journal. harder for less and less money. to solve the Social Security solvency The question was taken; and the Since the minimum wage has not in- problem, again, in 2052. Speaker pro tempore announced that creased in 8 years, these workers’ pay- I think our seniors deserve better. We the ayes appeared to have it. checks are simply not increasing as the deserve a President that tells us the Mr. PRICE of Georgia. Mr. Speaker, I cost of living increases every year. Be- truth about what is going on. There is object to the vote on the ground that a cause congressional Republicans refuse no crisis. Let us sit down together on a quorum is not present and make the to act, the real value of the minimum bipartisan basis and see what we can do point of order that a quorum is not wage is not worth nearly as much as to come up with a solution other than present. past minimum wages. privatization. The SPEAKER pro tempore. Pursu- Consider that if a minimum wage ant to clause 8, rule XX, further pro- f this year provided the same wage to ceedings on this question will be post- workers today, including cost-of-living poned. RECESS adjustments, as it provided to workers The point of no quorum is considered The SPEAKER pro tempore. Pursu- in 1968, the minimum wage today withdrawn. ant to clause 12(a) of rule I, the Chair would be $8.88 per hour, rather than declares the House in recess until 2 f $5.15 per hour. That is a big difference, p.m. today. and I believe working families living Accordingly (at 1 o’clock and 8 min- PLEDGE OF ALLEGIANCE on the minimum wage feel the pinch utes p.m.), the House stood in recess The SPEAKER pro tempore. Will the every day. until 2 p.m. gentleman from Texas (Mr. BURGESS) Raising the minimum wage also f come forward and lead the House in the raises the wages of all low-income Pledge of Allegiance. workers, not just those below the pov- b 1400 Mr. BURGESS led the Pledge of Alle- erty line. Mr. Speaker, Americans who work 40 hours a week should not be liv- AFTER RECESS giance as follows: I pledge allegiance to the Flag of the ing in poverty. It is time congressional The recess having expired, the House United States of America, and to the Repub- Republicans in both Houses join us in was called to order by the Speaker pro lic for which it stands, one nation under God, supporting an increase in the minimum tempore (Mr. BOOZMAN) at 2 p.m. indivisible, with liberty and justice for all. wage.

VerDate Aug 04 2004 02:09 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.007 H08PT1 H996 CONGRESSIONAL RECORD — HOUSE March 8, 2005 STRENGTHENING SOCIAL another 5 percent this year, for a total from Johns Hopkins and master’s and SECURITY NOW of 17 percent. Ph.D. degrees from the University of (Mr. WILSON of South Carolina But most importantly, Mr. Speaker, North Carolina. the Cristus Health Care System in asked and was given permission to ad- Sam Francis did not believe in world south Texas, a self-insured hospital dress the House for 1 minute and to re- government and multiculturalism. He system, realized a $12 million savings vise and extend his remarks.) was a patriotic American who put his in the first 9 months of this legislation, Mr. WILSON of South Carolina. Mr. own country first and was a brilliant money that was put back into nurses’ Speaker, I rise today in appreciation of and brave writer. salaries, capital expansion, the types of President Bush seeking to strengthen f things that we want hospitals to be our Social Security system. doing, not paying for noneconomic ANNOUNCEMENT BY THE SPEAKER When Social Security was conceived damages. PRO TEMPORE in the mid-1930s, the average age of life expectancy in the United States was 60. f The SPEAKER pro tempore. Pursu- Today the average American’s life ex- THERE THEY GO AGAIN ant to clause 8 of rule XX, the Chair will postpone further proceedings pectancy is over 77. (Mr. PITTS asked and was given per- Americans are now receiving benefits today on motions to suspend the rules mission to address the House for 1 on which a recorded vote or the yeas over longer periods of time because we minute and to revise and extend his re- and nays are ordered, or on which the are so grateful they are living longer. marks.) vote is objected to under clause 6 of Our current Social Security system is Mr. PITTS. Mr. Speaker, Howard financially broken, outdated, and un- Dean, the new duly elected chairman of rule XX. able to meet the retirement needs of the Democratic Party, had quite a Record votes on postponed questions our children and grandchildren. kick-off tour recently. He started off will be taken after 6:30 p.m. today. If we fail to act now, we will burden by making racially insensitive remarks f further generations with dramatically about African Americans and Repub- PROVIDING AMOUNTS FOR CON- higher taxes, massive new borrowing, licans. Then he said he ‘‘hates Repub- TINUING EXPENSES OF STAND- or sudden and severe cuts to Social Se- licans and everything they stand for.’’ ING AND SELECT COMMITTEES curity benefits or other government Next he told a group of activists in OF THE HOUSE FROM APRIL 1, programs. In 1998, President Bill Clin- Kansas that Republicans are evil. The 2005 THROUGH APRIL 30, 2005 ton said, ‘‘My fellow baby boomers, let battle between Democrats and Repub- me say that none of us wants our own licans, he said, is a ‘‘struggle between Mr. NEY. Mr. Speaker, I move to sus- retirement to be a burden to our chil- good and evil, and we are the good.’’ pend the rules and agree to the resolu- dren and to their efforts to raise our It would be easy to write this off as tion (H. Res. 133) providing amounts grandchildren.’’ just another Dean rant. But a woman from the applicable accounts of the Seven years later, we still have not in the audience, and remember, this is House of Representatives for con- solved the problems facing Social Secu- Kansas, hardly a left-wing bastion, said tinuing expenses of standing and select rity. Dean did not go far enough. He was too committees of the House from April 1, Congress must act soon to provide conservative, she said. 2005, through April 30, 2005, as amend- younger Americans with retirement Mr. Dean is the leader of a major po- ed. choices and strengthen benefits for to- litical party. Even if his demagoguery The Clerk read as follows: day’s retirees. We need to fix the sys- is too timid for some activists, he rep- H. RES. 133 tem now, once and for all. resents the Democratic Party and its Resolved, That there shall be available In conclusion, God bless our troops, views, and his comments are yet fur- from the applicable accounts of the House of and we will never forget September 11. ther confirmation that the rhetoric of Representatives such amounts as may be the left is eroding our political dis- necessary for continuing expenses of stand- f course. ing and select committees of the House for the period beginning on April 1, 2005, and REFORMING MEDICAL LIABILITY f ending on April 30, 2005, on the same terms (Mr. BURGESS asked and was given PAYING TRIBUTE TO SAMUEL and conditions as amounts were available to permission to address the House for 1 FRANCIS, A BRILLIANT AND such committees for the period beginning at minute and to revise and extend his re- BRAVE WRITER noon on January 3, 2005, and ending at mid- marks.) night on March 31, 2005, pursuant to clause 7 (Mr. DUNCAN asked and was given of rule X of the Rules of the House of Rep- Mr. BURGESS. Mr. Speaker, 2 years permission to address the House for 1 resentatives (or, in the case of the Com- ago this month, this House passed a minute and to revise and extend his re- mittee on Homeland Security, on the same meaningful bill to reform medical li- marks.) terms and conditions as amounts were availability in this country. Since that Mr. DUNCAN. Mr. Speaker, I rise able to such Committee for such period pur- time, of course, the other body has today to pay tribute to a fellow Ten- suant to House Resolution 10, agreed to Jan- failed to even have a vote on this im- nessean, but a man whom I never had uary 4, 2005). portant piece of legislation, so now we the privilege of meeting. Samuel The SPEAKER pro tempore. Pursu- are going to see this legislation again Francis was a nationally syndicated ant to the rule, the gentleman from in this Congress. newspaper columnist and a leading Ohio (Mr. NEY) and the gentleman from But in the 2 years that have inter- voice of traditional conservatism. He New Jersey (Mr. HOLT) each will convened, in my home State of Texas, we passed away several days ago, just trol 20 minutes. passed a bill and a constitutional after the Congress had gone into re- The Chair recognizes the gentleman amendment that allowed caps on non- cess, at the too-young age of 57 from from Ohio (Mr. NEY). economic damages within the State of complications after heart surgery. Mr. NEY. Mr. Speaker, I yield myself Texas. I think it would behoove this No two people, not even husbands such time as I may consume. House to examine what has happened and wives or best friends, agree on ev- Mr. Speaker, I rise today in support in the State of Texas since that time. erything; and I did not always agree of House Resolution 133. It is a pleasure Since then, medical liability insurers with Sam Francis. But I admired his to be here today with the gentleman have returned to the State. We had courage. He was politically incorrect from New Jersey (Mr. HOLT); and I also fallen from 17 insurers to two, and now on almost everything, which made him want to mention our ranking member, we stand at 14, with several insurers right on most things, but also very the gentlewoman from California (Ms. having come back into the State with controversial. He was a leading critic MILLENDER-MCDONALD). As we go rates that were flat or, in fact, lower. of neo-conservatives, Big Government through the process here, it is going to In fact, Texas Medical Liability Trust, conservatives who really are not very be a privilege and a pleasure to work my old insurer of record, has dropped conservative at all. with her and all the Democrats and Re- rates from 12 percent right after the Raised in Chattanooga, Tennessee, publicans on the committee to provide constitutional amendment passed and Dr. Francis had a bachelor’s degree for the funding resolution.

VerDate Aug 04 2004 02:09 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.011 H08PT1 March 8, 2005 CONGRESSIONAL RECORD — HOUSE H997 Mr. Speaker, today I rise in support as the Franking Commission, am con- The question was taken. of House Resolution 133, which provides cerned about problems with the in- The SPEAKER pro tempore. In the interim funding for the standing select creased abuse of the frank by one or opinion of the Chair, two-thirds of committees of the House from April 1, more committee chairs for blatantly, I those present have voted in the affirm- 2005, through April 30, 2005. The rules of would have to say, blatantly political ative. the House provide interim funding for purposes. And I am hopeful that the Mr. NEY. Mr. Speaker, on that I de- committees until March 31 of 2005. This Committee on House Administration mand the yeas and nays. resolution will extend that funding for will address this issue through the up- The yeas and nays were ordered. an additional month, thereby allowing coming Committee Funding Resolution The SPEAKER pro tempore. Pursu- the Committee on House Administra- and take appropriate action to stop ant to clause 8 of rule XX and the tion the time needed to put together any such abuses. Chair’s prior announcement, further the committee funding resolution that Mr. Speaker, I reserve the balance of proceedings on this motion will be will, once passed, fund the committees my time. postponed. for the duration of the 109th Congress. Mr. NEY. Mr. Speaker, I yield myself f This is nothing unusual. We have such time as I may consume. done this in the past. The committee Mr. Speaker, I want to thank the GENERAL LEAVE chairmen and ranking members will gentleman for supporting this resolu- Mr. NEY. Mr. Speaker, I ask unani- appear Thursday of this week and the tion today and also look forward to mous consent that all Members may following Wednesday to present their working with the Congresswoman and have 5 legislative days within which to budget requests to the committee, and ranking member. revise and extend their remarks and in- that will be all the committee Chairs. When the gentleman from California clude extraneous material on H. Res. As the House will be out of session (Mr. THOMAS) chaired the Committee 133. for the final 2 weeks of March for the on House Administration, he pushed The SPEAKER pro tempore. Is there Easter district work period, floor con- towards the one-third and always pro- objection to the request of the gen- sideration of the committee funding vided one-third at that time to the tleman from Ohio? resolution really will not be practical ranking member, the gentleman from There was no objection. Maryland (Mr. HOYER). We have kept in or possible, therefore, before March 31; f and, therefore, it necessitates passage that tradition, together with the gen- of this interim funding resolution. tleman from Connecticut (Mr. LARSON) SUPPORTING THE DESIGNATION That is why we are here today. I there- and also with the current ranking OF A YEAR OF LANGUAGES fore urge my colleagues to support res- member, the gentlewoman from Cali- Mr. PORTER. Mr. Speaker, I move to olution 133; it is needed. fornia (Ms. MILLENDER-MCDONALD). I suspend the rules and agree to the reso- Mr. Speaker, I reserve the balance of am very happy to say that last session, lution (H. Res. 122) expressing the sense my time. with the gentleman from Connecticut of the House of Representatives regard- Mr. HOLT. Mr. Speaker, I yield my- (Mr. LARSON), we achieved the two- ing the study of languages and sup- self such time as I may consume. thirds/one-third, and we need to con- porting the designation of a Year of Mr. Speaker, I join the distinguished tinue to do that. And I think that is Languages. gentleman from Ohio in supporting the only fair way, and we need to The Clerk read as follows: House Resolution 133, providing in- evaluate how the two-thirds and one- H. RES. 122 terim funding for standing and select third is split. Whereas the people of the United States committees of the House through April Again, with the gentleman from Con- have growing social, cultural, and economic 30, 2005. necticut (Mr. LARSON), we did that. It ties to the international community that As most chairmen and ranking mem- was a great achievement that was present new challenges as the United States bers know, funding for House commit- started by the gentleman from Cali- seeks to communicate with and understand tees would expire March 31 without fornia (Mr. THOMAS). international partners from different lan- this resolution. As far as the issue of the committees, guage and cultural backgrounds; although I do not see any abuse that Whereas communities across the United b 1415 has occurred, as far as retooling the States are welcoming many new neighbors, friends, employees, and citizens from many I would like to thank the chairman rules and regs of the House, we are al- for ensuring the committees will have countries throughout the world; ways willing to sit and talk about that. Whereas increased language learning is a the resources to continue operating Mr. Speaker, I reserve the balance of critical national interest and is necessary to while the Committee on House Admin- my time. maintain the economic edge the United istration processes their funding re- Mr. HOLT. Mr. Speaker, I yield my- States has in the worldwide marketplace; quests for the 109th Congress. self such time as I may consume. Whereas developing a workforce that is President Woodrow Wilson from my Mr. Speaker, I would say many skilled in languages and cultural under- home State of New Jersey said it well Americans wonder why the resources standing is vital for conducting inter- when he said here on the floor, ‘‘Con- for the committees are not divided one- national commerce; gress in session is Congress on public Whereas both the 2000 Cox Commission and half/one-half. Well, they should under- the National Intelligence Council have re- exhibition, whilst Congress in its com- stand that it is traditional, now that ported that a shortfall of experts in foreign mittee rooms is Congress at work.’’ the majority party would have most of languages, particularly the languages of Asia Yes, we have to keep the committees the committee staff, most of the com- and the Middle East, has seriously hampered going, and I support the chairman in mittee resources, and so two-thirds/ information gathering and analysis within this effort. The Committee on House one-third division has become tradi- the intelligence community of the United Administration’s ranking member, the tional and that is what the gentle- States; gentlewoman from California (Ms. woman from California (Ms. Whereas studying other languages has been shown to contribute to increased cognitive MILLENDER-MCDONALD), who is return- MILLENDER-MCDONALD) is hoping to skills, better academic performance, and a ing from her district, has asked me to achieve. I thank the chairman for his greater understanding of others, while also stand in for her and asked me to spe- consideration. providing life-long learning opportunities; cifically relay that she is looking for- Mr. Speaker, I yield back the balance Whereas language education in the 21st ward to working with the chairman on of my time. century includes a commitment to the study hearings this week and next week. She Mr. NEY. Mr. Speaker, I yield back of long sequences of world languages, begin- is especially keen to ensure that in this the balance of my time. ning in early grades and continuing through- Congress committee minorities will re- The SPEAKER pro tempore (Mr. out the academic career of an individual, in order to develop the levels of proficiency ceive at least one-third of all com- BOOZMAN). The question is on the mo- needed to effectively communicate with peo- mittee resources. tion offered by the gentleman from ple from other cultures at home and abroad; Now, I, speaking as a member of the Ohio (Mr. NEY) that the House suspend and Commission on Congressional Mailing the rules and agree to the resolution, Whereas the American Council on the Standards, which is commonly known H. Res. 133, as amended. Teaching of Foreign Languages, along with

VerDate Aug 04 2004 02:09 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.014 H08PT1 H998 CONGRESSIONAL RECORD — HOUSE March 8, 2005 its affiliate organizations, is urging the pub- look to the future for Americans who aspects of people’s lives, in society and lic to support increased language education will be entering the workforce at a in the future of human and inter- for students, which will expand the cultural time when international under- national relations; to promote the im- and literary horizons of adult learners and standing, cross-cultural awareness and portance of language learning and lan- strengthen the position and security of the United States throughout the world: Now, linguistic capacity are increasingly im- guage proficiency, urging every Amer- therefore, be it portant for their success in the world. ican to commit to learning other lan- Resolved, That it is the sense of the House In light of the attacks of September guages; to build awareness of the diver- of Representatives that— 11, 2001, the American intelligence sity of languages that now play an in- (1) the study of languages contributes to community stresses that individuals tegral part of everyday life in our the intellectual and social development of a with proper foreign language expertise country; and to promote the formation student and the economy and security of the are greatly needed to work on impor- of a national task force to study and United States; tant national security and foreign pol- (2) there should be a Year of Languages in strengthen national policy on language the United States, during which language icy issues. As we enter into a time that learning and teaching and to make rec- study is promoted and expanded in elemen- requires an increased understanding of ommendations to strengthen U.S. pol- tary schools, secondary schools, institutions world cultures, foreign language study icy. of higher education, businesses, and govern- and requisite knowledge in languages Some members of the public and the ment programs; and is vital for meeting 21st century secu- media might question why, with our (3) the President should issue a proclama- rity challenges properly, effectively unparalleled military and economic tion calling upon the people of the United and efficiently. power, Americans need to learn lan- States to— Mr. Chairman, I urge my colleagues guages of the world. Does not everyone (A) encourage and support initiatives to promote and expand the study of languages; to support this resolution. speak English anyway? So they say. and Mr. Speaker, I reserve the balance of Well, the reasons to launch a govern- (B) observe a Year of Languages with ap- my time. ment-wide effort to build a pipeline of propriate ceremonies, programs, and other Mr. HOLT. Mr. Speaker, I yield my- professionals with advanced foreign activities. self such time as I may consume. language capabilities, I think, should The SPEAKER pro tempore. Pursu- Mr. Speaker, I would like to speak at be self-evident to Americans. Let me ant to the rule, the gentleman from some length about this because it is quote a statement. ‘‘The United States Nevada (Mr. PORTER) and the gen- really so important to our country. I today carries new responsibilities in tleman from New Jersey (Mr. HOLT) would like to thank the leadership for many quarters of the globe, and we are each will control 20 minutes. allowing us to bring up this resolution at a serious disadvantage because of The Chair recognizes the gentleman which expresses the sense of the House the difficulty of finding persons who from Nevada (Mr. PORTER). of Representatives regarding the study can deal with the foreign language GENERAL LEAVE of languages and supporting the des- problems.’’ Mr. PORTER. Mr. Speaker, I ask ignation of a Year of Languages. I Those are not my words. Those are unanimous consent that all Members would like to thank the gentleman the words of former U.S. Secretary of may have 5 legislative days within from Ohio (Mr. TIBERI) for co-spon- State John Foster Dulles, spoken in which to revise and extend their re- soring the resolution. 1953. What was true in the post-World marks on H. Res. 122. Under the guidance and guardianship War II world of 1953 is even more true The SPEAKER pro tempore. Is there of the American Council on the Teach- in the post-9/11 world of 2004 and 2005. objection to the request of the gen- ing of Foreign Languages, 2005 will be Our national deficiency in the lan- tleman from Nevada? celebrated as the Year of Languages in guages and cultures of critical areas There was no objection. the United States. These celebrations around the world is compromising Mr. PORTER. Mr. Speaker, I yield will take place in a variety of settings American security interests. And in ad- myself such time as I may consume. including elementary and secondary dition to diminishing our opportunities Mr. Speaker, I rise in support of H.R. schools and post-secondary institutions economically and culturally, the defi- 122. This resolution expresses the im- as well as at events at local and State ciency is making our troops overseas portance of foreign language study and and national levels across America. It more vulnerable and, I would argue, supports the designation of a Year of is an opportunity to focus on America’s the American people less safer. Languages. Increased language learn- need to focus our attention on the so- A few years after John Foster Dulles ing is a critical national interest and is cial and economic benefits of studying spoke these words, Russia launched a necessary to maintain the economic other languages and cultures around small beeping sphere above the Earth edge of the United States as well as the world and on the importance of known as Sputnik. Americans were serving to better secure our national these studies to our national security. shocked, even fearful, and Congress, interest abroad. This initiative will seek to influence saying America would never be caught Currently, 9.3 percent of Americans the full range of language programs in flat-footed again, passed the National speak their native language and an- the United States schools and commu- Defense Education Act in 1958 that did other language fluently, compared to nities, and I think the campaign plan much to overhaul the teaching of 52.7 percent of Europeans. will capture the attention and, I hope, science and math and also provided Foreign language education has long the interest of all Americans with the some assistance for the study of lan- been determined to increase a student’s involvement and assistance of teach- guages. cognitive and critical thinking abili- ers, administrators and local officials. September 11, 2001, was also a wake- ties. The Elementary and Secondary If the United States is going to con- up call for us. If we fail to address one Education Act names foreign language tinue to play an important role in the of the most serious problems facing our study as a part of a core curriculum, global economy and in the business Nation, we will not have risen to the and the Higher Education Act denotes world and to be the leader politically, challenge of September 11, 2001. The that foreign language study is vital to and I would say militarily, we must be 9/11 joint inquiry reported a year and a secure the future economic welfare of able to understand and communicate half ago that our intelligence commu- the United States. Therefore, language with other cultures around the world. nity is at 30 percent readiness in lan- education in our Nation’s schools According to a 2002 survey from guages critical to national security. A should begin in early grades and con- Healthy Companies International, the State Department commissioned re- tinue throughout the student’s entire average number of languages spoken by port from a year ago found that our academic career. American business executives is less government has only 54, or at that By designating a Year of Languages, than one and a half, compared with say time, only 54 genuine Arabic speakers this Congress highlights the impor- 3.9 languages spoken on average by working in the entire Foreign Service. tance of foreign languages and cultural business executives in the Netherlands. A year or so ago, I asked David Kay, understanding in our schools, our The goals of the Year of Languages the former head of the Iraq Survey workforces and our society. The cele- are four: To expand the public’s under- Group, how many on his 1,400 member bration of languages will serve as a standing of the role of language in all team spoke Arabic and understood the

VerDate Aug 04 2004 05:49 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MR7.002 H08PT1 March 8, 2005 CONGRESSIONAL RECORD — HOUSE H999 technology of weapons of mass destruc- elements operate in over 75 countries Basic Education recently released a tion. Well, he said he could count on where hundreds of languages and dia- study. Foreign language instruction the fingers of one hand. lects are spoken. However, 99 percent experienced decreases in instruction I posed similar questions to some of American high school, college and time as reported by principals, particu- members of the special forces who had university programs concentrate on a larly in high minority schools. Whereas been combing the mountains of Af- few, mostly European, languages. Ac- in low minority schools, 9 percent of ghanistan looking for Osama bin cording to figures from a couple of the principals reported a decrease in Laden. I asked how many of them years ago, 2002, more college students time spent studying languages; 11 per- spoke Pushtu. Well, they responded, study Ancient Greek than Arabic, Ko- cent reported an increase. But in mi- they had picked some up during the rean, Persian, Pashto and a number of nority schools, schools with a high pro- year they had been there. Although our other languages put together. Nothing portion of minority students, there was special forces represent some of the against Ancient Greek, but certainly it a 23 percent decline in instructional best trained forces in the world, we are is an important area of study, but the time, with only 9 percent of the prin- clearly not giving them the skills they shortage of training in Arabic, Korean, cipals reporting an increase. In other need. If Osama bin Laden is truly Persian, Pashto and a long list of oth- words, this is also a matter of our edu- American public enemy number one, ers should be cause for concern. cational divide in this country. how do we expect to track him down if Out of 1.3 million graduates at Amer- In addition to developing a lifelong we cannot speak the languages of the ica’s colleges and universities, 17, two ability to communicate with people people who are hiding him? years ago, earned a bachelor’s or ad- from other countries and backgrounds, As Dr. David Chu, the U.S. Undersec- vanced degree in Arabic, according to other benefits include improved overall retary of Defense, said in his opening the Department of Education, 17. In school performance and improved prob- remarks at the National Language Chinese, the language spoken by bil- lem solving skills. Students of foreign Conference last June, we need ‘‘a per- lions of people, 217 degrees were grant- languages tend to score higher on manent change in our approach to the ed, according to the Department of standardized tests. And results from peoples and cultures of the rest of the Education. That is compared with al- the Scholastic Aptitude Test show that world.’’ most 3,000 in French, more than 8,000 in students who had studied a foreign language for 4 or more years outscored b 1430 Spanish. We need to improve not just the number of degrees but the quality other students on the verbal and math Our need to understand the world is a of education throughout the edu- portions of the test. This is according prime national security concern. cational years. to the college board SAT as reported in He went on, ‘‘National security con- In addition to the resolution before 2003. cerns have taken us from the streets of us today, I have introduced the Na- Knowledge of a second language also Manhattan to the mountains of Af- tional Security Language Act, legisla- seems to coincide with high academic ghanistan and to the resort cities of tion that would expand the Federal in- achievement. It is not just whether a Bali. Our economy has brought work- vestment in education in foreign lan- school has a rigorous program, al- ers here to America and sent jobs to 100 guages of critical need. It would pro- though certainly that helps, but time countries around the world. Our health vide Federal incentives for high school spent in studying foreign languages is affected by conditions and events in students to study languages in college. means that students earn better grades China, Britain, Africa and South Amer- It would give universities resources to in college and are less likely to drop ica. Criminal cartels and corrupt offi- expand language programs overseas, out. cials hundreds of miles beyond our bor- and it would identify Americans with There are all sorts of reasons to ders have an immediate impact on our preexisting language abilities for re- study foreign languages, and studying streets, in our schools and our homes. cruitment. the language, learning a language at Within one generation, we have become The bill would create an inter- any age is beneficial. Some studies integrated into the world as never be- national flagship language initiative have shown that the brain is more open fore.’’ Those are the words of the Un- that would provide Federal grants to to linguistic development in the early dersecretary of Defense Dr. Chu. specific universities and colleges to es- years. I have certainly seen that in my While the Defense Department, the tablish high-quality, intensive, in- own grandchildren and children. When State Department and our intelligence country language study programs in children have an early start to a long agencies have recently turned their at- countries around the world. It would sequence of language instruction that tention to the language problem, their establish a science and technology ad- continues through high school and col- approach remains focused on imme- vanced language grant program for in- lege, they will be, studies have shown, diate needs. They are stepping up re- stitutions of higher education to estab- able to achieve levels of fluency in that cruitment efforts, and they are expand- lish programs that encourage students and to pick up other languages. Never- ing the language education programs to develop foreign language proficiency theless, older children and adults can in Monterey, here in Washington and as they study science, engineering and still be successful at learning a second elsewhere, and these are promising and other technologies. or third or fourth language. Although necessary changes, but they only The bill would provide loan forgive- the level of attainment is a little more scratch the surface. ness of up to $10,000 for undergraduate predictable for us older learners, it is They do not deal with the problem of students in foreign languages. It would still worth doing. the pool. From what pool will they be encourage early northern language In 1958, as I said, Congress responded recruiting the linguists for the Defense studies by establishing grants for for- to Sputnik by passing the National De- Department, the State Department, eign language partnerships between fense Education Act. It focused on our intelligence agencies? local districts and foreign language de- science and engineering and, to some The root of the problem, I think, is in partments at institutes of higher edu- extent, on languages. Immediately our schools. If we are to address ade- cation. after September 11, Americans found quately the language shortage in the It would create a commission of na- themselves once again facing a Sput- Federal Government, we have to look tional study of foreign language herit- nik moment. Americans realized that past the issues of immediate recruit- age and a Federal marketing campaign we were caught flatfooted and unpre- ment and foreign language training. to identify heritage communities with pared to deal with not just hatred Federal language schools are building native speakers of critical foreign lan- around the world but hatred that was on a poor language foundation. We guages and market to them the need to turned into vicious attacks. must design and implement a Federal pursue the study of languages. We need a national commitment to language strategy that begins at the I believe the next step then would be languages on a scale of the NDEA, the earliest years of education and con- to increase the supply line of students National Defense Education Act, and tinues through college. who have strong language skills, and Mr. Speaker, I think today’s resolution Mr. Speaker, consider the following this can only be done through the K- that will, among other things, recog- facts: Al Qaeda and similar terrorist through-12 system. The Council for nize 2005 as the year of languages is a

VerDate Aug 04 2004 02:09 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.018 H08PT1 H1000 CONGRESSIONAL RECORD — HOUSE March 8, 2005 start toward making that commit- our dreams for this area. It must have PERMISSION FOR COMMITTEE ON ment. the kind of applicability that says this TRANSPORTATION AND INFRA- Mr. Speaker, I would like to reserve is important to us; this is important to STRUCTURE TO FILE SUPPLE- the balance of my time. our country. MENTAL REPORT ON H.R. 3, Mr. PORTER. Mr. Speaker, I reserve Mr. HOLT. Mr. Speaker, I yield my- TRANSPORTATION EQUITY ACT: the balance of my time. self such time as I may consume, and I A LEGACY FOR USERS Mr. HOLT. Mr. Speaker, may I ask am delighted to hear that my colleague Mr. YOUNG of Alaska. Mr. Speaker, I the time remaining on each side? has studied Japanese. ask unanimous consent that the Com- The SPEAKER pro tempore (Mr. Mr. Speaker, I ask that my col- mittee on Transportation and Infra- BOOZMAN). The gentleman from New leagues pass this resolution and work structure may file a supplemental re- Jersey (Mr. HOLT) has 31⁄2 minutes re- with me on other language projects to port on the bill, H.R. 3, to authorize maining. see that we address this Sputnik mo- funds for federal-aid highways, high- Mr. HOLT. Mr. Speaker, I yield 3 ment that this country faces and that way safety programs, and transit pro- minutes to the gentlewoman from Cali- we work hard to address our poor, I grams, and for other purposes, at any fornia (Mrs. DAVIS), my colleague. would use that word, language pro- time before midnight, March 8, 2005. (Mrs. DAVIS of California asked and ficiency here in the United States, for The SPEAKER pro tempore. Is there was given permission to revise and ex- reasons of culture, for reasons of eco- objection to the request of the gen- tend her remarks.) nomics and for reasons of national se- Mrs. DAVIS of California. Mr. Speak- tleman from Alaska? curity. There was no objection. er, I rise in support of House Resolu- I urge the passage of H. Res. 122. tion 122. Mr. Speaker, I yield back the balance f For years, we have known that, to be of my time. competitive in the world, Americans ANNOUNCEMENT BY THE SPEAKER Mr. PORTER. Mr. Speaker, I have no PRO TEMPORE must acquire the language capacity to further requests for time, and I yield speak with our counterparts. Person- back the balance of my time. The SPEAKER pro tempore. Pursu- ally, for myself, when my husband was The SPEAKER pro tempore. The ant to clause 8 of rule XX, proceedings stationed in Japan during the Vietnam question is on the motion offered by will resume on approving the Journal, and on motions to suspend the rules War, we lived in a Japanese commu- the gentleman from Nevada (Mr. POR- previously postponed. nity, and with my toddler and baby TER) that the House suspend the rules there, I learned some minimal Japa- and agree to the resolution, H. Res. 122. Votes will be taken in the following nese so that I could speak with and The question was taken. order: spend time with my neighbors in a way The SPEAKER pro tempore. In the Approval of the Journal, de novo. that was really meaningful to both of opinion of the Chair, two-thirds of House Resolution 133, by the yeas and us. We became friends, and the impor- those present have voted in the affirm- nays. tance of language study became so real ative. House Resolution 122, by the yeas and to me in those days. Mr. PORTER. Mr. Speaker, on that I nays. In San Diego, we are keenly aware demand the yeas and nays. The first and third electronic votes that so many of our residents are bilin- The yeas and nays were ordered. will be conducted as 15 minute votes. gual. Indeed, in our schools, students The SPEAKER pro tempore. Pursu- The second vote in this series will be a come from homes where English is not ant to clause 8 of rule XX and the 5-minute vote. spoken. Over a hundred languages are Chair’s prior announcement, further f represented in our schools. proceedings on this motion will be As a school board member, I have postponed. THE JOURNAL worked hard to develop better training f The SPEAKER pro tempore. Pursu- of foreign language instructors and to ant to clause 8 of rule XX, the pending bring in more initiatives that recognize b 1445 business is the question on agreeing to the diverse languages in our schools, APPOINTMENT OF MEMBERS TO the Speaker’s approval of the Journal but I must say that that issue really CANADA-UNITED STATES INTER- of the last day’s proceedings. did not progress nearly as much as I PARLIAMENTARY GROUP The question is on agreeing to the would like, and in fact, today, we still The SPEAKER pro tempore (Mr. Speaker’s approval of the Journal. have issues around certifying teachers The question was taken; and the in many different languages. BOOZMAN). Pursuant to 22 U.S.C. 276d, and the order of the House of January Speaker pro tempore announced that Critically, we are also so aware that the ayes appeared to have it. our service members must be equipped 4, 2005, the Chair announces the Speak- er’s appointment of the following Mem- Mr. YOUNG of Alaska. Mr. Speaker, I with even the basic ability to speak object to the vote on the ground that a with the citizens of Iraq and with the bers of the House to the Canada-United States Interparliamentary group: quorum is not present and make the citizens of Afghanistan. So I am proud point of order that a quorum is not Mr. MANZULLO, Illinois, Chairman that our service personnel in Camp present. Pendleton are now being given that Mr. MCCOTTER, Michigan, Vice Chair- man The SPEAKER pro tempore. Evi- very introductory language instruction dently a quorum is not present. from our higher education institutions. f The Sergeant at Arms will notify ab- It is clearly appropriate that we es- RECESS sent Members. tablish a year of languages to focus on The vote was taken by electronic de- the importance of developing pro- The SPEAKER pro tempore. Pursu- ant to clause 12(a) of rule I, the Chair vice, and there were—yeas 378, nays 29, ficiency in a language other than not voting 26, as follows: English, and it must be a strong initia- declares the House in recess until ap- [Roll No. 53] tive that we bring forward. It will only proximately 6:30 p.m. be meaningful, however, if we only Accordingly (at 2 o’clock and 45 min- YEAS—378 move forward and we develop a kind of utes p.m.), the House stood in recess Abercrombie Beauprez Boehner until approximately 6:30 p.m. Ackerman Becerra Bonilla strategic plan so that we find the re- Aderholt Berman Bonner sources, and more than anything, we f Akin Berry Bono find the will to make foreign language b 1832 Alexander Biggert Boozman development an integral part of our Allen Bilirakis Boren AFTER RECESS Andrews Bishop (GA) Boswell daily lives. Baca Bishop (NY) Boustany I salute my colleague for bringing The recess having expired, the House Bachus Bishop (UT) Boyd this forward. I thank him very much was called to order by the Speaker pro Baker Blackburn Bradley (NH) Barrett (SC) Blumenauer Brady (TX) because I think it has to be the kind of tempore (Mr. PUTNAM) at 6 o’clock and Bartlett (MD) Blunt Brown (OH) initiative that goes beyond many of 31 minutes p.m. Barton (TX) Boehlert Brown (SC)

VerDate Aug 04 2004 04:11 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.020 H08PT1 March 8, 2005 CONGRESSIONAL RECORD — HOUSE H1001 Brown, Corrine Graves Michaud Smith (TX) Thomas Waxman Brown-Waite, Goodlatte McGovern Brown-Waite, Green (WI) Millender- Smith (WA) Thompson (CA) Weldon (FL) Ginny Gordon McHenry Ginny Green, Al McDonald Snyder Thornberry Weldon (PA) Burgess Granger McHugh Burgess Green, Gene Miller (FL) Sodrel Tiahrt Westmoreland Burton (IN) Graves McIntyre Burton (IN) Grijalva Miller (MI) Solis Tiberi Wexler Butterfield Green (WI) McKeon Butterfield Gutierrez Miller (NC) Souder Tierney Whitfield Buyer Green, Al McKinney Buyer Hall Miller, Gary Spratt Turner Wicker Calvert Green, Gene McMorris Calvert Harman Mollohan Stearns Upton Wilson (NM) Camp Grijalva McNulty Strickland Van Hollen Camp Harris Moore (KS) Wilson (SC) Cannon Gutierrez Meehan Sullivan Vela´ zquez Cannon Hart Moran (KS) Wolf Cantor Gutknecht Meek (FL) Cantor Hastings (WA) Moran (VA) Sweeney Visclosky Capito Hall Melancon Woolsey Capito Hayes Murphy Tancredo Walden (OR) Capps Harman Menendez Wu Capps Hayworth Murtha Tanner Walsh Capuano Harris Mica Wynn Cardin Hensarling Musgrave Tauscher Wamp Cardin Hart Michaud Young (AK) Cardoza Herger Myrick Taylor (NC) Watson Cardoza Hastings (FL) Millender- Carnahan Hinojosa Nadler Terry Watt Young (FL) Carnahan Hastings (WA) McDonald Carter Hobson Napolitano NAYS—29 Carter Hayes Miller (FL) Case Hoekstra Neal (MA) Case Hayworth Miller (MI) Castle Holden Neugebauer Baldwin Kucinich Peterson (MN) Castle Hefley Miller (NC) Chabot Holt Ney Capuano Larsen (WA) Sabo Chabot Hensarling Miller, Gary Chandler Honda Northup English (PA) Latham Schakowsky Chandler Herger Miller, George Chocola Hostettler Norwood Filner LoBiondo Taylor (MS) Chocola Hinchey Mollohan Clyburn Hoyer Nunes Fossella McDermott Thompson (MS) Clyburn Hinojosa Moore (KS) Coble Hulshof Nussle Gutknecht Miller, George Udall (CO) Coble Hobson Moran (KS) Cole (OK) Hunter Obey Hastings (FL) Oberstar Udall (NM) Cole (OK) Hoekstra Moran (VA) Conaway Hyde Ortiz Hefley Olver Waters Conaway Holden Murphy Hinchey Otter Conyers Inglis (SC) Osborne Weller Conyers Holt Murtha Cooper Inslee Owens Hooley Pastor Cooper Honda Musgrave Costa Israel Oxley NOT VOTING—26 Costa Hooley Myrick Costello Issa Pallone Costello Hostettler Nadler Cox Istook Pascrell Baird Cleaver Meeks (NY) Cox Hoyer Napolitano Cramer Jackson (IL) Paul Barrow Crowley Moore (WI) Cramer Hulshof Neal (MA) Crenshaw Jackson-Lee Payne Bass Herseth Ramstad Crenshaw Hunter Neugebauer Cubin (TX) Pearce Bean Higgins Stark Cubin Hyde Ney Cuellar Jefferson Pelosi Berkley Kanjorski Stupak Cuellar Inglis (SC) Northup Culberson Jenkins Pence Boucher Kennedy (RI) Towns Culberson Inslee Norwood Cummings Jindal Peterson (PA) Brady (PA) Leach Wasserman Cummings Israel Nunes Cunningham Johnson (CT) Petri Carson Lee Schultz Cunningham Issa Nussle Davis (AL) Johnson (IL) Pickering Clay McCarthy Weiner Davis (AL) Istook Oberstar Davis (CA) Johnson, E. B. Pitts Davis (CA) Jackson (IL) Obey Davis (FL) Johnson, Sam Platts b 1904 Davis (FL) Jackson-Lee Olver Davis (IL) Jones (NC) Poe Davis (IL) (TX) Ortiz Davis (KY) Jones (OH) Pombo Mr. LOBIONDO and Mr. WELLER Davis (KY) Jefferson Osborne Davis (TN) Kaptur Pomeroy changed their vote from ‘‘yea’’ to Davis (TN) Jenkins Otter Davis, Jo Ann Keller Porter ‘‘nay.’’ Davis, Jo Ann Jindal Owens Davis, Tom Kelly Portman So the Journal was approved. Davis, Tom Johnson (CT) Oxley Deal (GA) Kennedy (MN) Price (GA) Deal (GA) Johnson (IL) Pallone DeFazio Kildee Price (NC) The result of the vote was announced DeFazio Johnson, E. B. Pascrell DeGette Kilpatrick (MI) Pryce (OH) as above recorded. DeGette Johnson, Sam Pastor Delahunt Kind Putnam Delahunt Jones (NC) Paul DeLauro King (IA) Radanovich f DeLauro Jones (OH) Payne DeLay King (NY) Rahall DeLay Kaptur Pearce Dent Kingston Rangel PROVIDING AMOUNTS FOR CON- Dent Keller Pelosi Diaz-Balart, L. Kirk Regula TINUING EXPENSES OF STAND- Diaz-Balart, L. Kelly Pence Diaz-Balart, M. Kline Rehberg Diaz-Balart, M. Kennedy (MN) Peterson (MN) Dicks Knollenberg Reichert ING AND SELECT COMMITTEES Dicks Kildee Peterson (PA) Dingell Kolbe Renzi OF THE HOUSE FROM APRIL 1, Dingell Kilpatrick (MI) Petri Doggett Kuhl (NY) Reyes 2005, THROUGH APRIL 30, 2005 Doggett Kind Pickering Doolittle LaHood Reynolds Doolittle King (IA) Pitts Doyle Langevin Rogers (AL) The SPEAKER pro tempore (Mr. Doyle King (NY) Platts Drake Lantos Rogers (KY) PUTNAM). The pending business is the Drake Kingston Poe Dreier Larson (CT) Rogers (MI) question of suspending the rules and Dreier Kirk Pombo Duncan LaTourette Rohrabacher Duncan Kline Pomeroy Edwards Levin Ros-Lehtinen agreeing to the resolution, H. Res. 133, Edwards Knollenberg Porter Ehlers Lewis (CA) Ross as amended. Ehlers Kolbe Portman Emanuel Lewis (GA) Rothman The Clerk read the title of the resolu- Emanuel Kucinich Price (GA) Emerson Lewis (KY) Roybal-Allard Emerson Kuhl (NY) Price (NC) Engel Linder Royce tion. Engel LaHood Pryce (OH) Eshoo Lipinski Ruppersberger The SPEAKER pro tempore. The English (PA) Langevin Putnam Etheridge Lofgren, Zoe Rush question is on the motion offered by Eshoo Lantos Radanovich Evans Lowey Ryan (OH) the gentleman from Ohio (Mr. NEY) Etheridge Larsen (WA) Rahall Everett Lucas Ryan (WI) Evans Larson (CT) Rangel Farr Lungren, Daniel Ryun (KS) that the House suspend the rules and Everett Latham Regula Fattah E. Salazar agree to the resolution, H. Res. 133, as Farr LaTourette Rehberg Feeney Lynch Sa´ nchez, Linda amended, on which the yeas and nays Fattah Levin Reichert Ferguson Mack T. Feeney Lewis (CA) Renzi Fitzpatrick (PA) Maloney Sanchez, Loretta are ordered. Ferguson Lewis (GA) Reyes Flake Manzullo Sanders This will be a 5-minute vote. Filner Lewis (KY) Reynolds Foley Marchant Saxton The vote was taken by electronic de- Fitzpatrick (PA) Linder Rogers (AL) Forbes Markey Schiff vice, and there were—yeas 406, nays 0, Flake Lipinski Rogers (KY) Ford Marshall Schwartz (PA) Foley LoBiondo Rogers (MI) Fortenberry Matheson Schwarz (MI) not voting 27, as follows: Forbes Lofgren, Zoe Rohrabacher Foxx McCaul (TX) Scott (GA) [Roll No. 54] Ford Lowey Ros-Lehtinen Frank (MA) McCollum (MN) Scott (VA) Fortenberry Lucas Ross Franks (AZ) McCotter Sensenbrenner YEAS—406 Fossella Lungren, Daniel Rothman Frelinghuysen McCrery Serrano Abercrombie Beauprez Bonilla Foxx E. Roybal-Allard Gallegly McGovern Sessions Ackerman Becerra Bonner Frank (MA) Lynch Royce Garrett (NJ) McHenry Shadegg Aderholt Berman Bono Franks (AZ) Mack Ruppersberger Gerlach McHugh Shaw Akin Berry Boozman Frelinghuysen Maloney Rush Gibbons McIntyre Shays Alexander Biggert Boren Gallegly Manzullo Ryan (OH) Gilchrest McKeon Sherman Allen Bilirakis Boswell Garrett (NJ) Marchant Ryan (WI) Gillmor McKinney Sherwood Andrews Bishop (GA) Boustany Gerlach Markey Ryun (KS) Gingrey McMorris Shimkus Baca Bishop (NY) Boyd Gibbons Marshall Sabo Gohmert McNulty Shuster Bachus Bishop (UT) Gilchrest Matheson Salazar Bradley (NH) Gonzalez Meehan Simmons Baker Blackburn Gillmor McCaul (TX) Sa´ nchez, Linda Brady (TX) Goode Meek (FL) Simpson Baldwin Blumenauer Gingrey McCollum (MN) T. Brown (OH) Goodlatte Melancon Skelton Barrett (SC) Blunt Gohmert McCotter Sanchez, Loretta Gordon Menendez Slaughter Bartlett (MD) Boehlert Brown (SC) Gonzalez McCrery Saxton Granger Mica Smith (NJ) Barton (TX) Boehner Brown, Corrine Goode McDermott Schakowsky

VerDate Aug 04 2004 04:11 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MR7.017 H08PT1 H1002 CONGRESSIONAL RECORD — HOUSE March 8, 2005 Schiff Souder Visclosky Burgess Graves McNulty Shadegg Sweeney Walsh Schwartz (PA) Spratt Walden (OR) Burton (IN) Green (WI) Meehan Shaw Tancredo Wamp Schwarz (MI) Stearns Walsh Butterfield Green, Al Meek (FL) Shays Tanner Waters Scott (GA) Strickland Wamp Buyer Green, Gene Melancon Sherman Tauscher Watson Scott (VA) Sullivan Waters Calvert Grijalva Menendez Sherwood Taylor (MS) Watt Sensenbrenner Sweeney Watson Camp Gutknecht Mica Shimkus Taylor (NC) Waxman Serrano Tancredo Watt Cannon Hall Michaud Shuster Terry Weldon (FL) Sessions Tanner Waxman Cantor Harman Millender- Simmons Thomas Weldon (PA) Shadegg Tauscher Skelton Thompson (CA) Weldon (FL) Capito Harris McDonald Weller Shaw Taylor (MS) Slaughter Thompson (MS) Weldon (PA) Capps Hart Miller (FL) Westmoreland Shays Taylor (NC) Capuano Hastings (FL) Miller (MI) Smith (NJ) Thornberry Weller Wexler Sherman Terry Cardin Hastings (WA) Miller (NC) Smith (TX) Tiahrt Westmoreland Whitfield Sherwood Thomas Cardoza Hayes Miller, Gary Smith (WA) Tiberi Wexler Wicker Shimkus Thompson (CA) Carnahan Hayworth Miller, George Snyder Tierney Whitfield Wilson (NM) Shuster Thompson (MS) Carter Hefley Mollohan Sodrel Turner Simmons Thornberry Wicker Case Hensarling Moore (KS) Solis Udall (CO) Wilson (SC) Simpson Tiahrt Wilson (NM) Castle Herger Moran (KS) Souder Udall (NM) Woolsey Skelton Tiberi Wilson (SC) Chabot Hinchey Moran (VA) Spratt Upton Wu Slaughter Tierney Wolf Chandler Hinojosa Murphy Stearns Van Hollen Young (AK) Smith (NJ) Turner Woolsey Chocola Hobson Murtha Strickland Vela´ zquez Young (FL) Smith (TX) Udall (CO) Wu Clyburn Hoekstra Musgrave Sullivan Visclosky Smith (WA) Udall (NM) Wynn Coble Holden Myrick NOT VOTING—37 Snyder Upton Young (AK) Cole (OK) Holt Nadler Sodrel Van Hollen Young (FL) Conaway Honda Napolitano Baird Gutierrez Ramstad ´ Solis Velazquez Cooper Hooley Neal (MA) Barrow Herseth Sanders Bass Higgins Schakowsky NOT VOTING—27 Costa Hostettler Neugebauer Costello Hoyer Ney Bean Hunter Simpson Baird Crowley Ramstad Cox Hulshof Northup Berkley Jackson-Lee Stark Barrow Herseth Sanders Cramer Hyde Norwood Blumenauer (TX) Stupak Bass Higgins Stark Crenshaw Inglis (SC) Nunes Boucher Johnson (CT) Towns Bean Kanjorski Stupak Cubin Inslee Nussle Brady (PA) Kanjorski Walden (OR) Berkley Kennedy (RI) Towns Cuellar Israel Oberstar Carson Leach Wasserman Boucher Leach Wasserman Culberson Issa Obey Clay Lee Schultz Brady (PA) Lee Schultz Cummings Istook Olver Cleaver McCarthy Weiner Carson McCarthy Weiner Cunningham Jackson (IL) Ortiz Conyers Meeks (NY) Wolf Clay Meeks (NY) Davis (AL) Jefferson Osborne Crowley Moore (WI) Wynn Cleaver Moore (WI) Davis (CA) Jenkins Otter ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Davis (FL) Jindal Owens Davis (IL) Johnson (IL) Oxley The SPEAKER pro tempore (Mr. The SPEAKER pro tempore (during Davis (KY) Johnson, E. B. Pallone SHAW) (during the vote). Members are the vote). Members are advised 2 min- Davis (TN) Johnson, Sam Pascrell advised that 2 minutes remain in this utes remain in this vote. Davis, Jo Ann Jones (NC) Pastor Davis, Tom Jones (OH) Paul vote. b 1916 Deal (GA) Kaptur Payne DeFazio Keller Pearce b 1933 So (two-thirds having voted in favor DeGette Kelly Pelosi So (two-thirds having voted in favor thereof) the rules were suspended and Delahunt Kennedy (MN) Pence DeLauro Kennedy (RI) Peterson (MN) thereof) the rules were suspended and the resolution, as amended, was agreed DeLay Kildee Peterson (PA) the resolution was agreed to. to. Dent Kilpatrick (MI) Petri The result of the vote was announced The result of the vote was announced Diaz-Balart, L. Kind Pickering Diaz-Balart, M. King (IA) Pitts as above recorded. as above recorded. Dicks King (NY) Platts A motion to reconsider was laid on A motion to reconsider was laid on Dingell Kingston Poe the table. the table. Doggett Kirk Pombo Doolittle Kline Pomeroy f Doyle Knollenberg Porter f Drake Kolbe Portman SUPPORTING THE DESIGNATION Dreier Kucinich Price (GA) Duncan Kuhl (NY) Price (NC) ELECTION OF MEMBER TO COM- OF A YEAR OF LANGUAGES Edwards LaHood Pryce (OH) MITTEE ON VETERANS’ AFFAIRS The SPEAKER pro tempore. The Ehlers Langevin Putnam Emanuel Lantos Radanovich Mr. GINGREY. Mr. Speaker, I offer a pending business is the question of sus- Emerson Larsen (WA) Rahall resolution (H. Res. 139) and I ask unan- pending the rules and agreeing to the Engel Larson (CT) Rangel imous consent for its immediate con- resolution, H. Res. 122. English (PA) Latham Regula sideration in the House. Eshoo LaTourette Rehberg The Clerk read the title of the resolu- Etheridge Levin Reichert The SPEAKER pro tempore. The tion. Evans Lewis (CA) Renzi Clerk will report the resolution. The SPEAKER pro tempore. The Everett Lewis (GA) Reyes The Clerk read as follows: question is on the motion offered by Farr Lewis (KY) Reynolds Fattah Linder Rogers (AL) H. RES. 139 the gentleman from Nevada (Mr. POR- Feeney Lipinski Rogers (KY) Resolved, That the following Member be TER) that the House suspend the rules Ferguson LoBiondo Rogers (MI) and is hereby elected to the following stand- and agree to the resolution, H. Res. 122, Filner Lofgren, Zoe Rohrabacher ing committee of the House Representatives: Fitzpatrick (PA) Lowey Ros-Lehtinen on which the yeas and nays are or- Flake Lucas Ross Committee on Veterans’ Affairs: Mr. Bur- dered. Foley Lungren, Daniel Rothman ton of Indiana to rank after Mr. Stearns. The vote was taken by electronic de- Forbes E. Roybal-Allard The SPEAKER pro tempore. Is there vice, and there were—yeas 396, nays 0, Ford Lynch Royce Fortenberry Mack Ruppersberger objection to the request of the gen- not voting 37, as follows: Fossella Maloney Rush tleman from Georgia? [Roll No. 55] Foxx Manzullo Ryan (OH) There was no objection. Frank (MA) Marchant Ryan (WI) The resolution was agreed to. YEAS—396 Franks (AZ) Markey Ryun (KS) Abercrombie Beauprez Bonner Frelinghuysen Marshall Sabo A motion to reconsider was laid on Ackerman Becerra Bono Gallegly Matheson Salazar the table. Aderholt Berman Boozman Garrett (NJ) McCaul (TX) Sa´ nchez, Linda Akin Berry Boren Gerlach McCollum (MN) T. f Alexander Biggert Boswell Gibbons McCotter Sanchez, Loretta Allen Bilirakis Boustany Gilchrest McCrery Saxton Andrews Bishop (GA) Boyd Gillmor McDermott Schiff SPECIAL ORDERS Baca Bishop (NY) Bradley (NH) Gingrey McGovern Schwartz (PA) Bachus Bishop (UT) Brady (TX) Gohmert McHenry Schwarz (MI) The SPEAKER pro tempore. Under Baker Blackburn Brown (OH) Gonzalez McHugh Scott (GA) the Speaker’s announced policy of Jan- Baldwin Blunt Brown (SC) Goode McIntyre Scott (VA) uary 4, 2005, and under a previous order Barrett (SC) Boehlert Brown, Corrine Goodlatte McKeon Sensenbrenner Bartlett (MD) Boehner Brown-Waite, Gordon McKinney Serrano of the House, the following Members Barton (TX) Bonilla Ginny Granger McMorris Sessions will be recognized for 5 minutes each.

VerDate Aug 04 2004 05:49 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MR7.015 H08PT1 March 8, 2005 CONGRESSIONAL RECORD — HOUSE H1003 The SPEAKER pro tempore. Under a dress those plights must begin by ad- (Mr. GUTKNECHT addressed the previous order of the House, the gen- dressing the excessive degree to which House. His remarks will appear here- tleman from Indiana (Mr. BURTON) is women are affected. after in the Extensions of Remarks.) recognized for 5 minutes. Even in America, women who work f (Mr. BURTON of Indiana addressed full-time year-round earn only 76 cents The SPEAKER pro tempore. Under a the House. His remarks will appear for every $1 that their male counter- previous order of the House, the gen- hereafter in the Extensions of Re- parts earn. And every day, in nearly tleman from Illinois (Mr. EMANUEL) is marks.) every country in the world, women are recognized for 5 minutes. f beaten, raped and killed. This crisis of (Mr. EMANUEL addressed the House. The SPEAKER pro tempore. Under a violence against women has reached His remarks will appear hereafter in previous order of the House, the gen- the most dire magnitude in countries the Extensions of Remarks.) tleman from Oregon (Mr. DEFAZIO) is like Sudan and Congo and Angola, f recognized for 5 minutes. where rape and brutality towards women is used as a political tool and EXCHANGE OF SPECIAL ORDER (Mr. DEFAZIO addressed the House. TIME His remarks will appear hereafter in an act of war. the Extensions of Remarks.) The international trafficking of Mr. BROWN of Ohio. Mr. Speaker, I women and girls is also a huge prob- ask unanimous consent to claim the f lem. Trafficking, the process by which time of the gentleman from Illinois The SPEAKER pro tempore. Under a women are sold into sexual slavery, is (Mr. EMANUEL). previous order of the House, the gen- particularly rampant in Africa and in The SPEAKER pro tempore. Is there tleman from California (Mr. DREIER) is Southeast Asia. objection to the request of the gen- recognized for 5 minutes. For those who do not believe there to tleman from Ohio? (Mr. DREIER addressed the House. be an issue of concern for the United There was no objection. His remarks will appear hereafter in States, think again. The trafficking of f the Extensions of Remarks.) women reinforces the vicious cycle SUPPORTING NATIONAL f that continually prevents women from MANUFACTURING WEEK SMART SECURITY AND INTER- earning a decent living wage, keeping The SPEAKER pro tempore. Under a NATIONAL WOMEN’S DAY 2005 them in slavery and keeping them from receiving the same quality of edu- previous order of the House, the gen- The SPEAKER pro tempore. Under a cation as men. This in turn reinforces tleman from Ohio (Mr. BROWN) is rec- previous order of the House, the gentle- the root cause of global instability ognized for 5 minutes. woman from California (Ms. WOOLSEY) that often gives rise to terrorism. Mr. BROWN of Ohio. Mr. Speaker, we is recognized for 5 minutes. Fortunately, there is a way to ad- all support American manufacturers; Ms. WOOLSEY. Mr. Speaker, earlier dress this crisis. It is called SMART se- every Member of Congress should. But this week, the United Nations High- curity for the 21st century. SMART is feel-good resolutions such as the one Level Panel on Threats, Challenges and a Sensible Multilateral American Re- we are voting on this week will do lit- Change released a report to correspond sponse to Terrorism. SMART security tle to cure our manufacturing ills. with International Women’s Day 2005, addresses the security of women by We are running record trade deficits which is today, March 8, 2005. urging educational opportunities for each year. When I first ran for Con- Since March is also Women’s History women and girls. Studies have proven gress in 1992, the U.S. trade deficit, as Month, it is important to discuss the that the more girls that are enrolled in you can see on this chart, was $38 bil- proven link between gender equality schools in developing countries, the lion. The trade deficit last year, after and global security and development. more the population of that country 12 years of misplaced trade policy, 12 There is an important link here, but it stabilizes. And the more stable the years of misplaced tax policy and 4 is one that we seldom discuss. country, the more violence decreases. years of a Bush administration that The UN’s comprehensive report ad- In fact, domestic violence lessens and has totally ignored manufacturing, we dresses the inter-connectedness of gen- crime levels decrease in line with edu- now see a trade deficit of $617 billion. der equality and the threats that most cational opportunities. From $38 billion to $617 billion in a affect our world: International secu- We must prevent future acts of the space of only 13 years. rity, extreme poverty, environmental terrorism, and SMART security is a The U.S. has become the world’s larg- degradation and diseases such as HIV/ way to do it. Instead of trying to est debtor nation, over $2.5 trillion in AIDS, malaria and tuberculosis. spread democracy through the barrel of 2002. The dollar continues to lose value Because women constitute a greater a gun, like we have been in Iraq, let us in world markets. proportion than men of the world’s spread it through books, by increasing Last year, we had the opportunity to poorest people, women stand to gain educational opportunities for women pass Crane/Rangel, a bipartisan bill to the most from the alleviation of ex- and girls. Today, International Wom- help the American manufacturing in- treme poverty. And because women en’s Day, let us make it a priority to dustry by encouraging them to produce around the world experience higher il- ensure that women in the poorest goods in the United States. But in- literacy rates than men, they also countries receive the educational op- stead, we passed an alternative that, as stand to gain more from education pro- portunities they need and deserve. usual, gave handouts to multinational grams, particularly in the world’s poor- Just as important, women need to be corporations and did little to nothing est countries where opportunities to encouraged and allowed to participate for our family-owned manufacturing receive quality instruction are ex- in the political process in every coun- facilities. tremely scarce. try if we are to see a more secure My State of Ohio has lost more than The link between poverty and illit- world. And above all else, we must re- 170,000 manufacturing jobs since 2001, eracy and global insecurity is clear. member that if international security and the remaining small manufac- The bipartisan 9/11 Commission that efforts fail to include women, then turing businesses are struggling to addressed the terrorist attacks of Sep- they are excluding more than half of keep the doors open. The manufac- tember 11, 2001 acknowledged that pov- the world’s population. Let us include turing extension program, MEP, is an erty, illiteracy and despair do not all of the world’s population and let us important resource that helps small cause terrorism, but they do breed con- secure our world for the 21st century. manufacturers in Ohio and across the ditions in which terrorism is created. country to help improve efficiency, in- That is why any attempt to address f crease competitiveness and stay in international security must include a The SPEAKER pro tempore (Mr. business. Despite this success, the discussion about high poverty and illit- GOHMERT). Under a previous order of President is asking in his budget to eracy rates. And because women are the House, the gentleman from Min- eviscerate MEP. burdened disproportionately by pov- nesota (Mr. GUTKNECHT) is recognized In 2003, when MEP was funded at $111 erty and illiteracy, any attempt to ad- for 5 minutes. million, Ohio, although only receiving

VerDate Aug 04 2004 04:11 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.032 H08PT1 H1004 CONGRESSIONAL RECORD — HOUSE March 8, 2005 a small fraction of that funding, that nothing else this week, who have re- want, but surely we want jobs for to- modest investment produced impres- mained in the U.S. and refrained from morrow’s Americans, but increasing sive results. MEP helped more than sending manufacturing jobs overseas. the payroll tax may mean ultimately 2,700 Ohio businesses to create or re- But it is not just about keeping our there are fewer such jobs. tain more than 1,100 jobs, increase middle class strong; we should be con- In 1937, the Supreme Court ruled that sales by $20 million, cut costs by $47 cerned about national security. With- excess Social Security funds were to be million, increase investments by $58 out a strong manufacturing base, there placed in the general revenue fund. Mr. million. That is exactly the sort of can be no strong reliable national secu- Speaker, that is what happened to the helping hand Ohio and the Nation’s rity in this country. trust fund. In fact, nonnegotiable gov- small manufacturers need. Mr. Speaker, I hope that we, finally, ernment instruments housed in a metal Then the President proposed an MEP in this Congress adopt a manufacturing filing cabinet in West Virginia rep- funding cut of 88 percent, ended up policy. resent the surplus in Social Security, signing a law a couple of years ago that f and that surplus has been spent over cut it almost that much. Not surpris- the last several decades by Congress. ingly, services to Ohio businesses b 1945 Congress spent the money, Congress dropped significantly. This year, the ORDER OF BUSINESS wrote out an IOU for the money, and President’s budget request asked for a we continue to write IOUs for the in- funding cut of another 50 percent. Less Mr. BURGESS. Mr. Speaker, I ask terest. than $1 million per State will be left unanimous consent to speak out of Mr. Speaker, where is the fairness in for MEP. We should be supporting a order. a system that holds captive 12 percent funding level five times that amount The SPEAKER pro tempore (Mr. of the country’s payroll and pays no in- because it would mean more tax rev- GOHMERT). Is there objection to the re- terest on the money? This, I think, is enue, more jobs, more success for U.S. quest of the gentleman from Texas? the heart of the problem. What Albert manufacturers. There was no objection. Einstein described as the miracle of Ohio’s Republican governors urge the f compound interest is denied to Amer- President to change his position on SOCIAL SECURITY ican workers. MEP. Working men and women from What are the solutions that might be my State and across the Nation under- The SPEAKER pro tempore. Under a there for us to help with Social Secu- stand that our economic future is at previous order of the House, the gen- rity? We could cut benefits. I did not stake. We should pass a bill this week tleman from Texas (Mr. BURGESS) is come to Congress to do that. We could ensuring increased MEP funds over the recognized for 5 minutes. raise taxes. Not this guy. President’s request, but this body prob- Mr. BURGESS. Mr. Speaker, the There are, of course, those who feel ably will not do it. American people are hearing a lot of that growth in the economy will help To support our Nation’s manufac- information about our Social Security those two workers that are going to turing, we should pass a bill to stop system, and I am sure they have got le- have to support every retiree into the China from manipulating its currency gitimate questions: Is there a crisis or future; and I will tell my colleagues, by artificially pegging it below the dol- not? If there is a crisis, then is there a Mr. Speaker, I will bet on the Amer- lar. China starts outs with a 40 percent trust fund or not? If there is not a trust ican economy every time, but I am not advantage over American manufactur- fund, where did it go, who took it and sure if we can improve productivity to ers by this illegal act, not to mention when? that degree. having no minimum wage and forced There are, of course, those who say Mr. Speaker, what we can do is take labor camps and child labor and all the that there is no crisis, that we have a those excess funds being paid into So- other advantages, artificial advantages system that is awash in cash and can cial Security and place them into indi- if you will, in a free marketplace that fund all future benefits but it needs vidual accounts that would not be ac- China has. But I do not think that leg- minor tweaking to ensure solvency. cessible to government spenders and islation to deal with currency manipu- Perhaps crisis is the wrong word. not be accessible to congressional ap- lating will be on the House floor this Captive may be a better selection be- propriators. Allow these accounts to week. cause certainly we are held captive by earn interest by following a conserv- To support our Nation’s manufactur- our demographics. If our current sys- ers, we should pass such a bill making ative investment strategy, and now tem is to work and work well, we need sure China plays fair and meets its perhaps we begin to see the oppor- large numbers of young people to pay World Trade Organization obligations, tunity to preserve Social Security and into the system, and we need retirees but I do not see a bill on the floor this ensure its solvency well into the fu- to live relatively short intervals after week to do that. ture. To support our Nation’s manufac- their retirement; but in fact, neither of The question is always asked how to turing, we should pass the bill of the these situations reflects reality. pay for this transition. I have already gentleman from Maryland (Mr. Birth rates are down in this country, excluded a tax increase or benefit cut although not to the degree as seen in CARDIN), the Foreign Debt Ceiling Act as a viable mechanism. The money to of 2005, that would create an emer- some Western European countries, still finance the transition would have to be gency trade review group at the U.S. resulting in a smaller pool of younger borrowed; and in fact, this does not Trade Representative’s Office to de- workers to support retirees. Life ex- represent new debt because the obliga- velop a plan of action if the trade def- pectancy is up, largely because of the tion has already been incurred. The icit is above 5 percent of U.S. GDP or unbelievable advances in medical care borrowing is only to refinance an obli- if foreign debt climbs above 25 percent that have occurred in the last 70 years gation that already exists, a situation of GDP. But that is not being consid- since 1935. Both situations are arguably analogous to refinancing a mortgage. ered this week either. good news, but they do portend a seri- Mr. Speaker, we should always be for The manufacturing industry is the ous situation for our Social Security good government. The principle of good backbone of our country. This indus- system. government would suggest that the try, these workers, these communities For example, in the country of Japan current obligation is present, but we built America. And when these indus- there are now four retirees to be sup- are not acknowledging its presence. By tries suffer, our communities suffer, ported by every new job that is cre- financing the transition, we can con- our families suffer, our schools suffer, ated. It becomes extremely difficult to vert an unknown obligation into bond- our Nation is hurt. Yet many in Con- remain competitive in such an environ- ed indebtedness. It becomes a market- gress continue to support measures ment. Raising taxes to deal with the able instrument; and that, in fact, that move these jobs overseas. Let us Social Security shortfall arguably has would be a commitment to good gov- be clear about whom we should sup- been done several times in the past 70 ernment. port. years; but, unfortunately, that makes Financial markets are not known for Congratulate manufacturers, is what the problem even worse. The old axiom their courage. They do not like uncer- the resolution on the floor will do and states that you tax what you do not tainty; and, clearly, the uncertainty of

VerDate Aug 04 2004 04:11 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.038 H08PT1 March 8, 2005 CONGRESSIONAL RECORD — HOUSE H1005 monetizing the Social Security debt in Church in Birmingham, Alabama, the All our nations must work to integrate the future is one that they will deal Mississippi freedom summer, the pas- minorities into the mainstream of soci- with fairly severely. But by making sage of the Civil Rights Act of 1964. ety, and to teach the value of tolerance that a known obligation, we are giving But on this Bloody Sunday, about 600 to each new generation.’’ the markets more comfort into what people, young and old, put their lives President Clinton pointed out 5 years our intentions are with regard to the on the line and met the unbridled force ago at the Pettus Bridge that these unfunded Social Security liability. of racism for the most basic American challenges already have existing Mr. Speaker, I would like to close right, the right to vote and be full par- bridges waiting to be crossed. He said: with a quotation that was delivered in ticipants in our democracy. The Ala- ‘‘These bridges stand on the strong this House some years ago: ‘‘Voluntary bama State Patrol was waiting for foundations of our Constitution. They contributory annuities by which indi- them at the other side of the Pettus were built by our forebears through si- vidual initiative can increase the an- Bridge and attacked them with clubs, lent tears and weary years. They are nual amounts received in old age. It is tear gas, and dogs. waiting to take us to higher ground.’’ proposed that the Federal Government The gentleman from Georgia (Mr. But there is still much work to be assume one-half of the cost of the old- LEWIS) was beaten so badly he believed done. In the words of Martin Luther age pension plan, which ought ulti- he was going to die. The images were King, Jr.: ‘‘Human progress never rolls mately to be supplanted by self-sup- captured on TV. When the movie on the wheels of inevitability. It comes porting annuity plans.’’ ‘‘Judgment at Nuremberg’’ was inter- through the tireless efforts of people These words were spoken in this rupted with the news, many people willing to be co-workers with God.’’ Chamber 70 years ago by Franklin watching the movie first thought that We remember the event of 40 years Delano Roosevelt, the father of Social it was a continuation of the movie de- ago this week not only to honor the Security. picting brutal Nazi oppression, until courage, sacrifice and accomplish- Mr. Speaker, it is our obligation to they realized that this was happening ments by those like the gentleman deal with this problem this year. I ap- in America, right now. People’s shock from Georgia (Mr. LEWIS) and so many plaud the President for pushing it on moved the political world. more, but also to rededicate ourselves the national agenda, and I look forward One week after Bloody Sunday, to their unfinished work: the pursuit of to the debate. President Johnson spoke to the Nation. justice, love, tolerance and human In inspiring words, he said: ‘‘At times, f rights, in our country and throughout history and fate meet in a single time The SPEAKER pro tempore. Under a the world. and a single place to shape a turning previous order of the House, the gen- f point in man’s unending search for tleman from New Jersey (Mr. PALLONE) The SPEAKER pro tempore. Under a freedom. So it was at Lexington and is recognized for 5 minutes. previous order of the House, the gen- Concord. So it was a century ago at (Mr. PALLONE addressed the House. tleman from Florida (Mr. WELDON) is Appomattox. So it was last week in His remarks will appear hereafter in recognized for 5 minutes. Selma. Their cause must be our cause.’’ the Extensions of Remarks.) Two weeks after Bloody Sunday, Dr. (Mr. WELDON of Florida addressed f Martin Luther King and the gentleman the House. His remarks will appear hereafter in the Extensions of Re- ORDER OF BUSINESS from Georgia (Mr. LEWIS) led 4,000 people across the Pettus Bridge on their marks.) Mr. KIND. Mr. Speaker, I ask unani- 54-mile march to Montgomery. Six f mous consent to speak out of order for months later, President Johnson The SPEAKER pro tempore. Under a 5 minutes. signed the Voting Rights Act, pro- previous order of the House, the gentle- The SPEAKER pro tempore. Is there claiming that the right to vote is the woman from New York (Mrs. MCCAR- objection to the request of the gen- most powerful instrument ever devised THY) is recognized for 5 minutes. tleman from Wisconsin? for breaking down injustice and de- (Mrs. MCCARTHY addressed the There was no objection. stroying the terrible walls which im- House. Her remarks will appear here- f prison all people merely because they after in the Extensions of Remarks.) THE DREAM LIVES ON are different from each other. f Soon the Voting Rights Act will be The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a up again before Congress for reauthor- previous order of the House, the gen- previous order of the House, the gen- ization. We should do it sooner rather tleman from Florida (Mr. MICA) is rec- tleman from Wisconsin (Mr. KIND) is than later. We should make it perma- ognized for 5 minutes. recognized for 5 minutes. nent, rather than for short periods, so (Mr. MICA addressed the House. His Mr. KIND. Mr. Speaker, 40 years ago we do not have to revisit the issue and remarks will appear hereafter in the yesterday on March 7, 1965, events in debate its provisions. Surely there is Extensions of Remarks.) Selma, Alabama, became a seminal enough common interest and bipar- moment for the advancement of civil tisan support to accomplish this. f rights in our country. Last weekend, I Their cause 40 years ago this week The SPEAKER pro tempore. Under a had the privilege to join one of my he- still must be our cause to overcome previous order of the House, the gentle- roes, the gentleman from Georgia (Mr. today. For as long as the power of woman from Florida (Ms. CORRINE LEWIS), who was also one of the leaders America’s diversity is diminished by BROWN) is recognized for 5 minutes. of the nonviolent civil rights move- acts of discrimination and violence (Ms. CORRINE BROWN of Florida ad- ment, to retrace his steps across the against people just because they are dressed the House. Her remarks will Edmund Pettus Bridge where Amer- black, Hispanic, Asian, Jewish, Muslim appear hereafter in the Extensions of ica’s long march to freedom met a or gay, we still must overcome. Remarks.) roadblock of violent resistance. The As long as the gap between rich and f day became known as Bloody Sunday. poor continues to spread in our Nation, By 1965, the cause of equality and with some and not all having access to HONORING INTERNATIONAL human dignity had already seen much health care, we still must overcome. WOMEN’S DAY progress and setbacks: the Supreme As long as children of color are more The SPEAKER pro tempore. Under a Court decision of Brown v. Board of likely to live in poverty, die sooner, previous order of the House, the gen- Education, Rosa Parks’s defiance on a and less likely to graduate high school tleman from Texas (Mr. POE) is recog- bus in Montgomery, the breaking of a and go on to college, we still must nized for 5 minutes. color barrier at Ole Miss, the historic overcome. Mr. POE. Mr. Speaker, today is Inter- March on Washington, the assassina- As President Bush stated during his national Women’s Day, a day we honor tions of Medgar Evers and President recent trip to Europe: ‘‘We cannot women and their contributions to the Kennedy, the bombing deaths of four carry the message of freedom and the American way of life. American little girls at the 16th Street Baptist baggage of bigotry at the same time. women, from the frontier era to the

VerDate Aug 04 2004 04:52 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.039 H08PT1 H1006 CONGRESSIONAL RECORD — HOUSE March 8, 2005 space age, have steadily blazed the havior from one generation to the next. in the State government; and when she trails and stayed the course to bring In addition, the American Medical As- left the Congress in 2000, I ran to take recognition of the accomplishments of sociation has calculated that family vi- her seat. But I knew her as a friend for women not only in the United States olence costs taxpayers in the range of 35 years, and I watched her involve her- but across the world and across the $5 billion to $10 billion a year in med- self in the community, and I watched seas. ical expenses. her get involved in local politics; I Each of us can identify at least one It is not only a family problem and a watched her become a United States woman who forever marked our life in criminal problem; it is a health issue. House of Representative representative a positive way. My grandmother lived Domestic violence costs us in police from the Fourth Congressional Dis- to her late nineties and was always the and court costs, shelters, foster care, trict. Through all of that, I saw the most influential person in my life. In sick leave, and nonproductivity. way that she loved her children, the the 1950s, after my grandfather was As a former judge and founder of the way that she loved her husband, Buck, killed by a drunk driver, she went to Congressional Victims’ Rights Caucus, and the way that she loved her commu- work as a clerk in the ladies’ ready-to- this epidemic is of great alarm to me. nity. wear section of a department store; and I believe we must work to eliminate I can remember so many times, as we while she would have continued to this domestic abuse while protecting would come back, because she was in work there, they forced her to quit at the victims that have already resulted Washington working with a large law the age of 75. from this trend. firm, that we would ride a plane here She taught me the values of public Mr. Speaker, I hope that all of us on and ride a plane back to Jacksonville service, and this is why I have dedi- this day, as we recognize the worth of and her husband, Buck, was always cated my life to public service. She was women, are determined to make sure there at the airport to greet her and the most influential woman in my life. that they live in a safe environment in give her a big hug. So I just think All of us have people like that, women their homes. there are so many people here that who have influenced us in a positive cared so much about her, because not f only was she tough in what she tried to way. Those American women, they are The SPEAKER pro tempore (Mr. a rare breed. do but, more than anything, she just GOHMERT). Under a previous order of liked people. She cared about people, In other countries, like Iraq, where I the House, the gentlewoman from New recently traveled on a fact-finding mis- whether they were important people or York (Mrs. MALONEY) is recognized for sion, women recount the decades of just people she would see on the street. 5 minutes. She had a way of making everybody torture and execution and oppression (Mrs. MALONEY addressed the they experienced under the tyrant and feel at ease. House. Her remarks will appear here- So, Mr. Speaker, I am saddened by dictator Saddam Hussein. For most after in the Extensions of Remarks.) her death, but I am proud of the legacy women it has only been since our top- that she leaves behind her; and I know pling of that vicious and murderous ty- f that Members here tonight share in rant that they have been allowed to IN HONOR OF TILLIE FOWLER, that. pursue opportunities that we take for FORMER MEMBER OF CONGRESS Mr. CRENSHAW. Mr. Speaker, I rise today granted, like employment. On the his- The SPEAKER pro tempore. Under to join with my colleagues in celebrating the toric election day, which I was privi- the Speaker’s announced policy of Jan- life and accomplishments of former Congress- leged to observe this year, for many uary 4, 2005, the gentleman from Flor- woman Tillie Kidd Fowler. Ms. Fowler passed Iraqi women this was their first chance ida (Mr. CRENSHAW) is recognized for 60 away suddenly last week but leaves a proud to ever vote. minutes as the designee of the major- legacy of achievement and integrity. Yet as encouraging as these illustra- ity leader. Tillie Fowler was born in 1942 and grew up tions are, millions of women are vic- GENERAL LEAVE in Milledgeville, Georgia. Her father, state tims to a destructive force known as Senator Culver Kidd, was a legendary Demo- domestic violence. In fact, in the Mr. CRENSHAW. Mr. Speaker, I ask unanimous consent that all Members cratic political figure in the Georgia Legislature United States alone, according to the for over 40 years and her mother, Katherine, National Domestic Violence Hotline, may have 5 legislative days within which to revise and extend their re- was active in the community. She received nearly one-third of American women both her bachelor’s degree and law degree report being physically or sexually marks on the subject of this Special Order. from Emory University. abused by a boyfriend or a husband at After law school, she moved to Washington, The SPEAKER pro tempore. Is there some point in their life. Moreover, the DC and worked as a congressional staffer for objection to the request of the gen- Department of Justice’s statistics show Representative Robert Stephens (D–GA) and tleman from Florida? that in 2003 alone 9 percent of all mur- later as Counsel in the White House Office of There was no objection. der victims were killed by their spouse Consumer Affairs under President Richard Mr. CRENSHAW. Mr. Speaker, last or their partners. Eighty percent of Nixon. In 1968, she married attorney L. Buck Wednesday we announced on the floor those victims were females. Fowler and in 1971 moved to Jacksonville, of this House that our former col- b 2000 Florida. Shortly thereafter, she put her profes- league, Tillie Fowler, had passed away sional career on hold to raise her daughters, Mr. Speaker, this is a serious prob- that day. She suffered a stroke on Mon- Tillie Anne and Elizabeth. During this time she lem, not just for our Nation’s women day and went to the hospital and never served as the President of the Junior League but also for our Nation’s families. It is recovered from that. It was a sad day of Jacksonville (1982–83), chaired the Florida a serious problem for children, children for all of us, and there were so many Humanities Council (1989–91) and was active that live in those homes with all of Members that served with Tillie that in a number of other charitable organizations, that serious, serious turmoil. wanted to honor her life and her including the American Red Cross and Volun- Domestic abuse scars children achievements that we asked for this teer Jacksonville. through the images of violence and time tonight to celebrate her life, to She returned to political public service when fighting; the ramifications if they try celebrate the contributions that she she was elected to the Jacksonville City Coun- to intervene; the emotional anguish made not only to her community, not cil in 1985. She became that body’s first Re- they suffer for years. Domestic abuse only to the State of Florida, but to the publican and first woman President. in some cases results in withdrawal or Nation as a whole; and so that is why Tillie Fowler was elected to Congress in unhealthy perfectionism, and in other we are here tonight. 1992, winning a seat that had been held by a cases they act it out. Tillie Fowler was one of those unique Democrat for 42 years. She secured an ap- The American Psychological Associa- individuals that could balance so many pointment to the House Armed Services com- tion Presidential Task Force on Vio- things in her life. I never had the mittee, the only Republican woman on that lence and the Family concluded in 1996 chance to actually serve with Tillie be- committee at the time. Her subcommittee as- that a child’s exposure to the father cause we were from the same home- signments included Readiness, Personnel and abusing the mother is the strongest town and while she served on the city Military Construction. In 1997, she was ap- risk factor for transmitting violent be- council at the local level, I was serving pointed by the Speaker of the House to a task

VerDate Aug 04 2004 04:52 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\K08MR7.046 H08PT1 March 8, 2005 CONGRESSIONAL RECORD — HOUSE H1007 force created to investigate allegations of sex- When allegations of prisoner abuse by U.S. Congress, Tillie Fowler was a patriotic ual harassment and abuse at U.S. military military personnel at Abu Ghraib prison in Iraq legislator who let her conscience guide training bases. surfaced in May 2004, the Secretary of De- her through the most treacherous halls She also served on the Transportation & In- fense again turned to Representative Fowler. of Congress oftentimes. She earned re- frastructure Committee, and in the 106th Con- The Secretary appointed her along with two spect from her colleagues, both men gress she was named Chairman of the newly former Secretaries of Defense and a retired and women, Democrat and Republican; created Subcommittee on Oversight, Inves- four-star general, to a blue-ribbon panel and she had no enemies that I ever tigations and Emergency Management. charged with providing the Secretary with knew of. In 1998, she was chosen by her Republican independent, professional advice on issues re- As Vice Chair of the House Repub- colleagues to be the Vice Chairman of the Re- lated to the allegations of prisoner mistreat- lican Conference, Tillie set the stand- publican Conference, making her the highest- ment. ard for women in our leadership. She ranking woman in the U.S. Congress when And finally, Mr. Speaker, this House was a worked tirelessly on issues that af- she retired. She also served for six years as better place for Tillie Fowler’s service. She fected the entire Nation. She was an a Deputy Majority Whip. was a remarkable woman with a rare com- active proponent of a strong military, A year and a half before the terrible events bination of passionate drive and dedication for and even went on to advise the Defense of September 11, 2001, she drafted the Pre- what she believed and a caring spirit for the Department. She knew her stuff and paredness Against Terrorism Act of 2000 people around her. She made people feel at she was never shy about speaking her (H.R. 4210). Her bill would have centralized ease and she always did anything she could mind, confident that her insight was the Federal government’s anti-terrorism efforts to help others. During lifetime of service she valuable, and it was. by creating the President’s Council on Domes- exhibited a striking presence of personality, in- Tillie had the ability to disagree with tic Terrorism Preparedness within the White tegrity and intellect that will be sorely missed. you with a smile on her face all the House. Many of her proposed reforms were Mr. Speaker, I would like to yield to while. She showed America that enacted in the legislation creating the Depart- our conference chairman, the gentle- women legislators need not be rel- ment of Homeland Security. woman from Ohio (Ms. PRYCE). egated solely to women’s issues; that Her reputation as a knowledgeable and ar- Ms. PRYCE of Ohio. Mr. Speaker, I we care about the same issues that ticulate U.S. Representative resulted in her thank the gentleman from Florida for men do, but with just a little different appointment to several boards outside of her yielding to me and for hosting this perspective. And today, International committee responsibilities: U.S. Naval Acad- Special Order honoring Tillie’s life and Women’s Day, it is truly appropriate emy Board of Visitors; Stennis Center for Pub- her legacy. It is a wonderful tribute that we honor and celebrate the life of lic Service Board of Trustees, Vice Chairman; that Tillie deserved. The outpouring of one of our Nation’s finest. Defense Department’s Centers for Security emotion and praise here tonight, in Tillie was a friend to me, a great Studies Board of Visitors; and the House Page Jacksonville, and all over the Nation friend in times of sadness and in times Board, Chairman. proves how special a person Tillie of joy. I will miss her friendship and Upon her departure from Congress, Rep- Fowler was. her guidance and know that there are resentative Fowler’s extraordinary efforts to Universally respected and trusted, countless others among us to whom she ensure a strong United States military were Tillie was a model public servant. She meant so much. Our prayers continue recognized by the Secretary of the Navy and was also a model parent, a model to be with Tillie’s family, her two won- the Secretary of Defense. She received the spouse, and most importantly to me, a derful daughters and her husband, Navy’s Distinguished Public Service Award model friend. Lucky enough to have Buck; but her loved ones should know and the Department of Defense Medal for Dis- found her calling at an early age, Tillie that Tillie left them, our country, and all who had the very, very good fortune tinguished Public Service. These are the high- became an aide to Congressman Robert to know her a wonderful and lasting est civilian awards given by the Navy and the Stephens from Georgia shortly after earning her law degree from Emory legacy. Department of Defense. Mr. Speaker, I yield back to the gen- Shortly after leaving Congress, she was ap- University. Her talents were quickly tleman from Florida. pointed by the Speaker of the House to the recognized, and she soon found herself Mr. CRENSHAW. Mr. Speaker, I yield Commission on the Future of the Aerospace in the Office of Consumer Affairs in the now to the gentleman from Texas (Mr. Industry which was created by Congress to Nixon White House. There she met her DELAY), the distinguished majority assess the aerospace industry in the global good lifelong friend, now Senator ELIZ- leader of the House. economy, particularly in relationship to the na- ABETH DOLE. Mr. DELAY. Mr. Speaker, I thank the tional security of the United States. The Cen- Following her public service early in gentleman from Florida for taking this ter for Strategic & International Studies also life, Tillie and her husband moved to Special Order in memory of Tillie named her to its Distinguished Congressional Florida and began their family. They Fowler. Fellows panel. raised two lovely daughters, Tillie Mr. Speaker, I rise to remember a She was appointed to the Defense Policy Anne and Elizabeth. While in Florida, warrior, Tillie Kidd Fowler, wife, Board Advisory Committee by Defense Sec- Tillie mastered one of the most impor- mother, friend and patriot, died 6 days retary Donald Rumsfeld in 2001. In May of tant skills for a woman in politics: bal- ago and left behind her a legacy of 2003, the Secretary named her as Chairman ancing her family and her desire to service all will admire but few will of the prestigious board which advises the serve. Tillie always put her family first match. Secretary of Defense on issues central to stra- and, at the same time, found the en- She was as good a friend as she was a tegic planning for the department. She is the ergy to serve her community, first in politician and was superb in both roles first woman to serve of Chairman of the De- the Jacksonville City Council and then because no matter what hat she was fense Policy Board in its 20-year history. She as its chair. wearing, it was still the same Tillie un- also serves on the Chief of Naval Operations’ In 1993, Tillie came to Washington as derneath. When word reached Wash- Executive Panel whose purpose is to advise a Member of Congress, the same year I ington last week that Tillie had left us, the CNO on questions related to national did; and we became fast friends. As my we all remembered the same things: we seapower. classmate, she was more than a col- remembered her courage, her tenacity, In the spring of 2003, she was appointed by league. Together we entered what was and we remembered her leadership. the Secretary of Defense to lead the seven- then, and still now to some extent, a There was no national security issue member panel created by Congress to review man’s world. We relied on each other about which she was not an expert. sexual misconduct allegations at the U.S. Air for strength and for guidance, and There was not a branch of our military Force Academy. The panel conducted a 90- shared the experience of being fresh- that did not seek her guidance and help day study of the policies, management, orga- men women together, two of only three in promoting the policies that keep our nizational practices and cultural elements of in our Republican class that year. Nation safe. And there was not a serv- the Academy that may have been conducive From those first days in Congress, I iceman or -woman in uniform who did to alleged sexual misconduct. The panel’s final recognized Tillie as a savvy politician not have a loyal and caring friend in report was delivered to the Secretary of De- but also as a selfless soul. She followed the gentlewoman from Jacksonville. fense and the Congress on September 22, her convictions with tenacity and with Her retirement from Congress, as 2003. courage. More than just a Member of anyone who knew Tillie could have

VerDate Aug 04 2004 05:49 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MR7.021 H08PT1 H1008 CONGRESSIONAL RECORD — HOUSE March 8, 2005 guessed, did not in any way signal her remember her generosity of spirit and side of this Chamber, outside of this retirement from public service. In the the time she took for a new Member of Capitol. The friendship that evolved is years after she left us, she helped lead this Congress. Her first question when- one that I will always remember. public investigations into sexual mis- ever she saw you, in that gorgeous We had a service down in Jackson- conduct at the Air Force Academy and Southern accent, was ‘‘How are you, ville just a few days ago. Two plane prison abuse in Iraq. The wrongdoers in dear?’’ ‘‘How is your day?’’ ‘‘How can I loads came down to be at that service those cases up and down the chains of help?’’ from both the Pentagon as well as from command, like her political opponents She had a little ceremonial leather this great body here. The outpouring over the years, learned the hard way chair that was a beautiful antique. And that we saw in that community was why Representative Fowler earned the when she was leaving Congress, she really beautiful. The military was nickname ‘‘Steel Magnolia.’’ rolled it down to my office and said, there. Both sides of the church were She had also served since 2001 on the ‘‘You always admired this chair. I want flanked by soldiers from all of the serv- Pentagon’s Defense Policy Board, ad- you to have it.’’ I hope the office of the ices, and the service ended up with a vising Secretary Rumsfeld on strategy Capitol architect does not come look- flyover, which I am sure Tillie would and policy during the tumultuous last ing for it, but I do have Tillie’s chair. have loved. I remember the preacher in 4 years. When I ran for the Senate, I remem- that small church. The church was ab- Whatever the situation, Tillie Fowl- ber her coming from across town, sit- solutely full. People were standing in er’s motivation was service: service to ting in my office and asking me if I the front yard of the church just to her family, to her community, to her really wanted to do this and if I knew hear the service and be near those so country. For that reason, far more what I was getting into. I told her I close to Tillie. The preacher talked than for her many career and legisla- thought I did. And she said, well, if you about one of the greatest gifts man has tive achievements, last week this coun- are ready for the challenge, I am ready is your memory. Tillie will always live try lost a hero. to saddle up and ride alongside you. in our memory. We love her, and we Decades from now, Mr. Speaker, And she never, never wavered in her really just absolutely will never forget when we too have left this building support. how wonderful she was and what a and, indeed, this world; when the con- When I would go to Jacksonville and great influence she was and how she troversies of our age are largely forgot- meet new friends, they would first ask left her mark permanently on this ten, the service and integrity that de- me, what does Tillie think; what does body, her community and her country. fined Tillie Fowler’s life will still be re- Tillie think of your chances; does Mr. CRENSHAW. Mr. Speaker, I yield membered. She was a woman, good and Tillie support you; and if Tillie sup- to the gentleman from Florida (Mr. true, who said things worth saying, did ports you, that is good enough for me. STEARNS). things worth doing, and served causes Mr. STEARNS. Mr. Speaker, I thank b 2015 worth serving. the gentleman for yielding. When you think about it, what more This business of politics, it is incred- Mr. Speaker, I represent the western can you say about anyone? Tillie ible when that universal voice of a part of Jacksonville and flew down for Fowler was always admired, Mr. community would always first ask, re- the funeral for Tillie Fowler and was Speaker, and now she will be missed. gardless of party, what does Tillie quite moved. We lost a great leader. Mr. CRENSHAW. Mr. Speaker, I yield think? For Florida, she was a strong advocate, to the gentleman from Florida (Mr. As we honor her memory and pray for and we will miss Tillie quite a bit. FOLEY). her soul, we thank God that he gave us For 8 years, I had the privilege and Mr. FOLEY. Mr. Speaker, I thank the a chance to get to know her. And those honor of working with her in Congress gentleman from Florida (Mr. that did not, you missed an incredibly on behalf of the people of Jacksonville. CRENSHAW) for arranging this Special vivacious, talented and smart woman. I feel a great deal of sympathy and ex- Order. We honor her commitment to this Na- tend prayers for her husband, Buck, As all of my colleagues probably tion and the legacy she leaves behind. and her two daughters, Tillie Ann and know, as we remember Tillie it is al- And we pray for Buck and her kids, as Elizabeth. Tillie and I worked on the ways easy to remember the great, won- they struggle through these dark days Cecil Field Navy Master Jet Base when derful stories of an incredible life. and as they reflect on her life, they it showed up on the base closure. Many When she left Congress, I knew how know, yes, she was larger than life, but a night we were working together proud she was of the gentleman from she was simply and modestly just shoulder to shoulder trying to figure Florida (Mr. CRENSHAW) replacing her, Tillie. That is how she would want to out how we could prevent the Navy if you can replace anyone in this world. be remembered, and we remember her from closing this important Navy jet She knew the important things for her in that way, a hero among us, a great base. Unfortunately, we did not suc- community, for her Nation were to be patriot, a loving mother and wife, a su- ceed, but I learned a lot from her. able to lead in a strong collective voice perb human being. We pray for her She combined humility with ambi- on national security. In that effort, she soul. tion. She had dedication, but she had was the most incredible of spokes- Mr. CRENSHAW. Mr. Speaker, I yield grace. She was a woman of many tal- persons. to the gentleman from Florida (Mr. ents. What the remarkable thing about She was an incredibly strong voice SHAW). Tillie was, you would talk to her and for Jacksonville, a stronger voice for Mr. SHAW. Mr. Speaker, I thank the say, Tillie, I do not want to do that. women, a role model for any person gentleman for yielding me this time. She could get other people to do what striving to serve in public life, and an Mr. Speaker, it is difficult to express they did not want to do, and in the end, incredible friend to all who knew her. in words the feeling that we have out- they liked doing it somehow because of There was not a day that went by that pouring here this evening for Tillie and her leadership. It is a remarkable trait. she did not mention Buck or her chil- our remembrance of her. She was al- She had a profound impact on all of the dren, Elizabeth or Tillie, Jr. Whether it ways strong but gentle, brilliant yet people she worked with, and she was just a casual comment; that she reasonable. She had all of the types of touched all of us. was heading back to see them at home things that we really need to look for Jacksonville used to be a small town. this weekend; that they had just in our leaders. It is a much larger town, and that is bought a condo at the beach; that they Emily, my wife, and I had a very largely attributable, I think, to Tillie were getting ready to embark on an- unique relationship with Tillie. When Fowler’s activities. It has 1 million other adventure; or that Tillie, Jr. had married Members come to Congress, people. The city is recognized as a got a job, it was always about her fam- they are assigned by the congressional growing urban center. It hosted the ily that she shared the joys of her life spouses what we call a little brother or Super Bowl recently, a feat very few in service here. little sister. And Emily loved to re- cities have had the opportunity to I know Buck, Elizabeth, and Tillie, mind Buck that he was her little broth- claim. Jacksonville maintains a strong Jr. that your hearts ache, but they cer- er. We had a friendship that went be- commitment to armed services, and tainly do not ache alone. I will always yond being just colleagues; it went out- has two major Naval facilities there.

VerDate Aug 04 2004 04:52 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.051 H08PT1 March 8, 2005 CONGRESSIONAL RECORD — HOUSE H1009 The successful transformation of Jack- Georgia. Her strong talents were soon recog- frastructure, and we crossed party sonville over the past two decades owes nized and she was brought to the White lines numerous times to work together much to Tillie Fowler. She worked on House as a counsel in the Nixon Administra- to do what was best for the city of behalf of the area as a volunteer and as tion. Jacksonville and North Florida. I alan elected official at the local and Fed- During this period, Tillie not only expanded most said Georgia because I know that eral level. This dedication to public her professional horizons, she met and mar- my colleague is here, and he is going to service is really a family trait. ried a fellow attorney, L. Buck Fowler. In 1971, speak from Georgia, but her roots came While making a run for Congress in she moved with her husband to Jacksonville, from Georgia. She came from a polit- 1992, she offered to limit herself to four Florida, where she set about the important job ical family. One could tell she was a terms. All of us went up to her after of raising a family. Although she put her ca- lady, a southern lady. she was in the midst of trying to decide reer on hold, Tillie did not ease up on public We all must pass this way, but, hope- to tell her, I think your constituents service. She volunteered her efforts as the fully, when we do, we can look back on would be very happy if you continue President of the Junior League of Jacksonville, all of the things that Tillie Fowler has serving, but she was quite principled, with the American Red Cross, and other chari- done, not just for the community but and she said she was going to leave table groups. for the entire country, to make this Congress and honor her four terms. In In 1985, she returned to the political scene place a better place because Tillie fact, I believe the leadership asked her with her election to the City Council and Fowler has passed here. When you are to stay. She accomplished many of the served on the council from 1985 through born, you get a birth certificate. And goals she set out to achieve. 1992. In 1989, she became President of the when you die, you get a death certifi- Mr. Speaker, we have lost more than Jacksonville City Council, the first Republican cate. And the only thing that really an experienced lawmaker, public serv- and the first woman to hold that position. Al- matters is that dash on your tomb- ant; we lost a good friend. She was a though she retired from the council in 1992, stone in between. Tillie, let the work good friend to the people of Florida and her political career was just changing direc- she has done speak for her because she to all of the men and women of our tion; she then successfully ran for Congress. has done a great job for our commu- armed services. God bless Tillie Congresswoman Fowler returned to Wash- nity. Fowler. ington with an ambitious agenda. She vowed I was deeply saddened to hear of the sud- Mr. Speaker, last week our nation lost a to make Mayport Naval Station a top priority, den passing of my former colleague, Tillie great leader and Florida lost a strong advo- and she succeeded. Through her position on Fowler. My prayers and deepest regrets go cate with the death of Tillie Fowler. For eight the Armed Services Committee, she built a out to her and her immediate family, Buck, years, I had the privilege and honor of working reputation as an advocate of a strong national and her two girls, Tillie Ann and Elizabeth. with her in Congress on behalf of the people defense. She improved the nation’s commit- Tillie and I shared a lot in common. In fact, of Jacksonville. I miss my former colleague ment to military personnel and facilities in her in 1992, we came up to Washington together and my friend, and my prayers are with her district, throughout the nation, and around the as members of the same class of elected rep- husband Buck and their two daughters, Tillie world. Although a woman with a petite figure, resentatives. This class was so dynamic, and Ann and Elizabeth. she cast a giant shadow in support of our filled with so many new and soon to be influ- We worked together on the Brae commis- armed services: generals and admirals always ential women members, that it was referred to sion when they had Cecil Field Navy master knew her by her first name. as ‘‘The Year of the Woman.’’ jet base on the closure list. We worked many While making her first run for Congress in One distinct adjective to describe Tillie is nights together. 1992, Mrs. Fowler offered to limit herself to that she was a tremendous fighter. She strug- She combined humility with ambition, and four terms. Although she was asked by her gled hard for what she believed in, and for the dedication with grace. As a women of many leadership and her colleagues to reconsider, betterment of the people and the region she talents, she could get other people to do what Tillie is stepping down after four terms. After served. Above all, Tillie loved her country, and they didn’t want to do and to like it. She had all, she had accomplished the goals she set fought hard to protect the freedoms we a profound impact on all of the lives she out to achieve. enjoy—even the freedom to disagree. Tillie touched throughout her life. We have lost more than an experienced was a woman of great distinction, highly re- Not so long ago, Jacksonville was looked lawmaker and public servant; we have lost a spected, and was always extremely active in upon as a small city supporting paper mills, a good friend. In fact, Mrs. Fowler was a good her community. She served our country well, commercial port, and military bases. Today, friend to the people of Florida, and perhaps particularly in her strong support of the mili- the Jacksonville area numbers one million more importantly, to the men and women of tary, specializing in issues concerning wom- people and the city is recognized as a vibrant, our armed services. en’s roles and rights within the military. She growing urban center. Most recently it hosted Mr. CRENSHAW. Mr. Speaker, I yield was also a woman with strong leadership the Super Bowl, a feat only a few cities can to the gentlewoman from Florida (Ms. qualities and one who believed in the value of claim. Although it has shed some of its past, CORRINE BROWN) who also represents volunteerism and community service. Jacksonville maintains its strong commitment part of Jacksonville. I also served with Tillie on the Transpor- to our armed services as the host to major Ms. CORRINE BROWN of Florida. tation Committee, and we crossed party lines military facilities. Mr. Speaker, my favorite hymn is ‘‘Let numerous times to work together to do what The successful transformation of Jackson- the Work I Have Done Speak For Me.’’ was best for the city of Jacksonville and North ville over the past two decades owes much to I think that more than anything ex- Florida as a whole. Tillie Fowler. She worked on behalf of the plains our friend and former colleague, In closing, my heart and prayers go out to area as a volunteer, and as an elected official Tillie Fowler. My prayers and deepest Tillie’s dear family during this difficult time. at the local and federal levels. This dedication regret goes out to her immediate fam- Mr. CRENSHAW. Mr. Speaker, I yield to public service is a family trait. ily, Buck and their two girls, Tillie to the gentleman from California (Mr. Tillie’s father, Culver Kidd, served for 42 Ann and Elizabeth. COX). years in the Georgia legislature, and her moth- Tillie and I shared a lot. We were in Mr. COX. Mr. Speaker, Tillie Fowler er, Katherine Kidd, was a community leader. the great class of 1992. We said that was a giant in this Congress. Though Tillie learned about civic and local involvement was the class, the year of the woman. she served only four terms, 100 percent in Milledgeville, Georgia. I should point out One distinguished objective to describe faithful to her pledge to limit her serv- that Milledgeville has contributed a great deal Tillie was she was a tremendous fight- ice in this House, she rose to our elect- to this nation. It was also the home of the dis- er. She struggled for what she believed ed leadership, and she kept us focused tinguished writer Flannery O’Connor and the in and for the betterment of the people on national security as our highest pri- long-time Chairman of the House Armed Serv- in the region she served. Above all, ority. She was called the Steel Mag- ices Committee, Carl Vinson. Tillie loved her country, and she nolia because she was a hybrid of a From her small hometown, Tillie pursued fought hard to protect it. She distin- southern belle and a marine drill ser- her education at Emory University in Atlanta guished herself in the area of military geant. She was best known for her earning a B.A. in political science and later a and, in particular, fighting for women’s roles on the Committee on Armed J.D. Armed with her law degree, Tillie came rights in the military. Services and in the House leadership here to Washington, D.C., and worked on the I also served with Tillie on the Com- where she consistently was the voice of staff of Congressman Robert Stephens of mittee on Transportation and the In- the military, calling for a defense

VerDate Aug 04 2004 04:52 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.052 H08PT1 H1010 CONGRESSIONAL RECORD — HOUSE March 8, 2005 budget and defense resources always security projects as the Speaker’s Advisory ing for the National Endowment for sufficient to keep America strong. Group on Russia. the Humanities was in the crosshairs of It was Tillie’s intellect and her will- Today, as the Chairman of the Homeland congressional budget cutters, Tillie ingness to work across the aisle that Security Committee, I miss Tillie Fowler more stood up to protect that program. The advanced her to a preeminent position than ever, because nowhere was her national fact that support for the NEH is now as vice chairwoman of the House Re- leadership more in evidence than in her work stronger than ever in Congress is due publican Conference and as a deputy toward terrorism preparedness. in no small part to all of Tillie’s efforts minority whip for 6 years. I worked As a member of the Committee on Trans- a few years ago. with Tillie in our House leadership and portation and Infrastructure, her top priority She also helped to pioneer the bipar- on the House Policy Committee and on was the country’s preparedness for a domestic tisan nature of the Congressional Cau- such special projects as the Speaker’s terrorist attack. She found overlap and inad- cus on Women’s Issues. Here again, she Working Group on Russia. equacies among the several federal agencies tried to bring Members of both parties Today, as the chairman of the Com- with jurisdiction over terrorism preparedness, together to address the serious issues mittee on Homeland Security, I miss and she tried to fix it. affecting American women, and she Tillie Fowler more than ever because A year and a half before 9/11, she drafted bravely challenged her own party lead- nowhere was her national leadership the ‘‘Preparedness Against Terrorism Act of ers to moderate their relentless focus more in evidence than in her work to- 2000.’’ If we had followed her far sighted ad- on reproductive rights. ward terrorism preparedness. As a vice, the Congress would have placed top pri- After leaving the House, Tillie com- member of the Committee on Trans- ority on elevating and consolidating the federal bined her military expertise with her portation and Infrastructure, her top government’s anti-terrorism efforts by creating support for women’s rights when she priority was the country’s prepared- a Presidential Council on Domestic Terrorism headed up the panel to review sexual ness for a domestic terror attack. She Preparedness. misconduct at the Air Force Academy. found overlap inadequacies among the Tillie’s legislation was not passed in the She also served on the panel charged Federal agencies, the many agencies 106th Congress, but we soon came to real- with investigating prisoner abuse at that were responsible in those days for ize—through the tragic events of 9/11—that Abu Ghraib. These difficult assign- terrorism preparedness, and she tried her focus and her proposed reforms were vi- ments demonstrated Tillie’s belief that to fix it. tally necessary. As a result, many of her pro- we can best support our military by A year and a half before 9/11, she posed reforms were included in the Homeland uncovering the truth and ensuring that drafted the Preparedness Against Ter- Security Act, which is now law. She was truly these horrible scandals never be al- rorism Act of 2000. If we had followed the guardian angel of our national security. lowed to repeat themselves. her farsighted advice, the Congress Tillie Fowler, my friend and colleague, dedi- Tillie Fowler was a very proud Re- would have placed top priority on ele- cated her life to her community and her na- publican, and her party can be honored vating and consolidating the Federal tion. It was an honor to serve with her, and it and proud of her. But she did not put Government’s anti-terrorism efforts by will be an honor to carry on her work to en- her party over her principles. During creating a Presidential Council on Do- sure that America is always prepared, so that one particularly tough election that I mestic Terrorism Preparedness. Tillie’s we may be always free. was engaged in, my opponent an- legislation was not passed in the 106th Mr. CRENSHAW. I yield to the gen- nounced that Tillie had endorsed and Congress, but we soon came to realize tlewoman from California (Mrs. would campaign for him. But she came through the tragic events of 9/11 that CAPPS). up to me on the floor one day and told her focus and her proposed reforms Mrs. CAPPS. Mr. Speaker, I thank me that it was not true. As Eleanor were vitally necessary. As a result, the gentleman for yielding. Clift just wrote in her heartfelt News- many of her recommended reforms are Mr. Speaker, I rise to add my week obituary, Tillie always said, ‘‘I included in what is now law, the Home- thoughts in remembrance of our dear can’t sit next to them one day and land Security Act. friend and colleague, Tillie Fowler. I campaign against them the next. If I’m She was truly the guardian angel of pay tribute to her, her service here, the your friend, then I’m your friend.’’ our national security. Tillie Fowler, events in her life that made her who We will all dearly miss our friend our friend and colleague, dedicated her she was with respect to her family and Tillie and we mourn today that there life to her community and our Nation. her community. I knew her here in this simply are not enough people like her. It was an honor to serve with her, and place. She will be missed, and she will always it will be an honor to carry on her I first got to know Tillie through her be remembered with great honor. work to ensure that America is always friendship with my late husband, Con- Mr. CRENSHAW. Mr. Speaker, I yield prepared so we may be always free. Our gressman Walter Capps. Walter and to the right honorable gentlewoman prayers are with her husband, Buck; Tillie served only 10 months together from Florida (Ms. ROS-LEHTINEN). with her daughters, Tillie Ann and before his death in 1997, and it might Ms. ROS-LEHTINEN. Mr. Speaker, as Elizabeth; and with her entire family. have appeared that they did not have so many of the viewers of CSPAN know Tillie Fowler was a giant in this Congress. much in common, but, in fact, they by now, we are here today in great sad- Though she served only four terms—100 per- did. Tillie had been elected to a district ness but also in great joy that we cele- cent faithful to her pledge to limit her service that had been represented by a Demo- brate a wonderful life exemplified by in this House—she rose to the Leadership of crat for 42 years. Walter’s district had Tillie Fowler. We came together last our ranks, and kept us focused on our national been represented by Republicans for 50 week when we announced the unex- security as our highest priority. years. Both Tillie and Walter under- pected death of Tillie Fowler, who She was called the ‘‘Steel Magnolia’’—be- stood that it was more important to passed away at the age of 62; but she cause she was a hybrid of a Southern belle try to reach bipartisan solutions than made such a strong imprint on the and a Marine drill sergeant. to engage in partisan politics. lives of so many and on the lives of this She was best known for her roles on the House. 2030 Armed Services Committee and in the House b Tillie, as we have heard, was a fierce- Leadership, where she was consistently the Even as she rose through the ranks of ly loyal, dedicated public servant from voice of the military, calling for a defense her party’s leadership, and that has our home State of Florida, a true cru- budget sufficient to ensure a strong America. been attested to this evening, a strong sader for the citizens of our State and It was Tillie’s intellect, and willingness to and loyal leader within the Republican especially for all who served in our work across the aisle, that advanced her to a Conference, Tillie always tried to work Armed Forces, the men and women in preeminent position of leadership as Vice across the aisle on issues that were im- uniform. She fought hard, especially Chairwoman of the House Republican Con- portant to her. One such issue where for the women serving in the military ference, and as a deputy majority whip for six again she worked closely with my hus- so that they would be treated fairly, so years. band, Walter, was her support for the that they would be free from sexual I had the wonderful opportunity to serve with humanities. Like Walter, Tillie had harassment, so they would be free from Tillie in the elected Leadership, on the House once served as her State’s humanities discrimination. During her four terms Policy Committee, and on such vital national chair. And back in the days when fund- in Congress, Tillie became the highest-

VerDate Aug 04 2004 04:52 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.054 H08PT1 March 8, 2005 CONGRESSIONAL RECORD — HOUSE H1011 ranking woman in the House leader- good fortune to meet Tillie, and we be- ginia, and the car in front of me had a ship. came friends. Although we were on dif- Tillie Fowler for Congress bumper She possessed a quiet tenacity. She ferent sides of the aisle, when I had a sticker. This was right after the elec- had the grace and the strength to rise difficult election, Tillie came over and tion in 1992. I had to stop the lady and above partisan differences and to con- said, how can I help? And she did help. tell her that I had just met Tillie and tinuously reach across the aisle in a She was very, very, very savvy, just as knew her. It turned out this was a true spirit of unity, as we just heard her father and her brother were; and very, very close friend of Tillie’s who from my good friend from California she has been a true public servant. had moved to my district. (Mrs. CAPPS) who really showed that in Tillie and I shared the fact that both So it is with much sadness that I join a very clear way. Tillie was an out- of us attended Emory University Law my colleagues this evening in paying standing member of our Florida team. School. Both of us were selected to be tribute to former Congresswoman She was a true asset to our commu- among that distinguished group called Fowler, a devoted mother and wife, a nity. I feel blessed to have had the op- the Distinguished Alumni. She and I public servant, a dear friend, and a portunity to have served in the House join others who are blessed to have had woman of impeccable virtue and integ- of Representatives with her. our portraits hanging in the law rity, a truly remarkable woman. It I think it is most appropriate, Mr. school. Each year, about this time, we seems as though Tillie succeeded in ev- Speaker, as we commemorate this cohosted a reception for the newly erything she attempted. She attended week, which is the Stop Violence elected students from the Washington, and graduated from Emory University Against Women Week, that we cele- D.C. area to the Emory Law School. and then Emory University Law brate Tillie’s life and Tillie’s work here That reception is coming up soon. School. After graduation she came to in Congress, because through her tire- But most importantly, Tillie was a work as a congressional aide and then less efforts, she worked to protect friend to me and that friendship was went on to serve as general counsel in women from all types of injustices. because of my friendship with her fa- the White House Office of Consumer During her short tenure in Congress, ther and her brother. Just a couple of Affairs from 1970 to 1971, after which she and I worked together on a number weeks ago when I was in Atlanta, I ran she returned home to focus on her new of important women’s issues, such as into her brother and I inquired about family and volunteer activities. She breast cancer research, the protection Tillie, and he told me she was doing was elected to the Jacksonville City of our environment, the security of our fine. Little did we know that we would Council in 1985 and served until 1992 women, so many issues that we were be coming here tonight to say these when she successfully ran for Congress involved with. wonderful things about Tillie because and served for 8 years. All of us in the House extend our she had gone. In Congress, Tillie was the fifth- heartfelt condolences to Tillie’s be- All the world is a stage and all the ranking Republican in the House of loved husband, Buck; to their two men and women are players. Tillie Representatives and served 6 years as beautiful daughters, Tillie and Eliza- served in so many capacities. She was the deputy conference chair. She also beth; and to the rest of her loving fam- wife to Buck and mother to Tillie and served on the House Committee on ily. Our thoughts and our prayers are Elizabeth. But through all of that, she Armed Services where she was a strong with all of you during this difficult touched our lives in so many ways. We advocate of the Navy. After serving in time. are sad and only one who has worn the Congress, she continued her service to Thank you, Tillie, for your gentle garment of bereavement can truly un- the country and served as a leader in leadership. You were a true friend to derstand the pain that comes when one Washington as an attorney with the has been taken from the midst. Yet as me, to our Florida community, to all Washington office of Holland & Knight. whose lives you touched. You will be we reflect prayerfully, our pain must Tillie and I both came to Congress in greatly missed. Our country is safer turn into joy because truly all of us 1993, and we shared many stories all have been blessed to know, love and to today because of Tillie’s hard work, through the years that we served to- have shared this life with such a won- and the women who are serving in the gether. My sincerest sympathies are derful woman as Tillie Kidd Fowler. extended to Tillie’s family. I hope that U.S. Armed Forces are better protected Mr. CRENSHAW. I yield to the hon- it comforts you to know that Tillie because of your efforts, Tillie. Tillie orable gentleman from Virginia (Mr. leaves a strong legacy of service with lived her life to the fullest and she did GOODLATTE). honor, and it was my honor to call her (Mr. GOODLATTE asked and was so with graciousness and integrity. She my friend. given permission to revise and extend had, as I said, a kind heart and a firm Mr. CRENSHAW. Mr. Speaker, I yield his remarks.) conviction. She represented her con- to the honorable gentleman from Geor- Mr. GOODLATTE. Mr. Speaker, I stituents with dedication, tenacity, gia (Mr. BISHOP). would like to thank the gentleman and fairness. For that reason, she Mr. BISHOP of Georgia. I thank the from Jacksonville for leading this ses- earned the respect of her colleagues on gentleman for yielding. sion in memory of our dear friend both sides of the aisle, and she will be Mr. Speaker, it is with deep sadness Tillie Fowler. I had the opportunity to sincerely missed. It is my prayer that that we accept the loss of our good first meet Tillie after I was elected to her family and the deep loss that they friend Tillie Kidd Fowler. Shakespeare the House in 1992, the same year that are suffering now will overcome that wrote: ‘‘All the world’s a stage and all she was. I found her to be a wonderful and have many, many, many fond the men and women are merely play- woman with a kind heart, but also a memories of a wonderful and delightful ers. Each has an entrance and an exit. firm conviction who stood up strongly woman who blessed all who ever knew One in her time may play many parts.’’ for her beliefs. her. So it was with Tillie. Tillie was the We found that we had many things in Mr. CRENSHAW. Mr. Speaker, I yield daughter of Senator and Mrs. Culver common. It turned out that we had a to the honorable gentleman from Indi- Kidd. She was, of course, sister to number of friends that we shared that ana (Mr. BUYER). Rusty. She had another sibling who we did not know anything about until Mr. BUYER. Mr. Speaker, I join my now lives in Macon, Georgia. Tillie we found each other here. My niece and colleagues here tonight because we are grew up in Milledgeville, and she had her husband were dorm parents at all deeply saddened by the loss of our politics in her DNA. Her father, Culver Choate School in Connecticut where former colleague and dear friend, Tillie Kidd, a Yellow Dog Democrat, served Tillie’s children attended, and we Fowler. I first met Tillie in December under the gold dome in Atlanta for shared many a story about that. She of 1992. We were both of the newly more than 3 decades. I had the good had friends in my congressional dis- elected class of the 103rd Congress. It fortune of calling Culver friend and trict in Lynchburg, Virginia, who were was during that incoming freshman mentor; and when I was elected to Con- very dear to her and I found that I had class that we met for the first time. We gress in 1992, Culver called to congratu- friends in Florida that she knew as were to meet in this big room. As I late me, but he said, ‘‘I want you to well. came through that door, I was 32 years meet my daughter. She was elected, One day I was driving through a car old. I did not even know where the also.’’ As soon as I got here, I had the wash in my hometown of Roanoke, Vir- bathrooms were. The first person I see

VerDate Aug 04 2004 04:52 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.056 H08PT1 H1012 CONGRESSIONAL RECORD — HOUSE March 8, 2005 is this lady who is very gracious with My friend will be remembered in his- to give her and Representative JANE these very large glasses with the most tory as one of the world’s iron ladies, HARMAN the tough assignment of inves- beautiful smile, and I knew that this like Margaret Thatcher, Golda Meir, tigating sexual harassment in the had to be a Southern belle. Boy, was I Tillie Fowler and others. As a col- Army. right. I went over, immediately at- league, she was a confidant and a true Her experience on defense matters tracted to that smile, and we started inspiration, someone that you could al- was not limited to gender issues. And talking. Then somebody called the ways turn to in a very difficult mo- she earned respect as an authority on a meeting to order and Tillie and I sat ment. range of essential military issues. In down next to each other. And Tillie always seemed to say the 1998, it was indeed my privilege to ask right words. She was like a human Tillie Fowler to join me, as we would b 2045 sponge. She would soak up and be such have the first memorial wreath-laying And what a beginning of a great rela- a great listener, and then she would al- ceremony at Arlington National Cere- tionship. Ironically, we were then ap- ways convey the right words, and you mony honoring women in military pointed both to the House Armed Serv- would walk by feeling good about your- service from the American Revolu- ices Committee and were assigned com- self that you now have a direction, and tionary Army until the present. mittee seats then right next to each she would do that in such warm per- In subsequent years, Tillie never other. sonal leadership. missed the annual occasion to stand During our tenure on the Armed I am grateful for the time that we with us women of the House at Arling- Services Committee, I came to know spent together in this chamber and ton to honor current and past service- and appreciate and respect the loyalty, thankful for the memories that she women. For all of us who will gather dedication and hard work of Tillie. Al- will leave with me. I am a better per- together again this May in Arlington, though Tillie never served in the mili- son for having known her, and the Tillie’s absence will be felt and regret- tary, she understood and subscribed to country is a better place through her ted. But she stands among the greatest the very same core values that I had efforts. of women of this country. been inculcated with and advocated by To her husband, Buck, and her I think Tillie Fowler’s career is a re- all members of the uniformed services. daughters, Tillie and Elizabeth, I ex- minder of what we need to be about, a To that end, we shared the same val- tend my heartfelt sympathy. To my shining example for all women, civilian ues and beliefs: Duty, honor, courage, friend Tillie, I know you are in heaven; or in the military, seeking opportuni- commitment to God, country, family, vouch for me, my dear friend, so I may ties to become the best that one can and our fellow human beings. And for see you again. be, to their families, to their Nation. that, the Armed Services reciprocated Mr. CRENSHAW. I yield now to the Tillie Fowler was that lady. She will be in their love toward her. gentlewoman from California (Ms. sorely missed. My condolences go to In short, Tillie Fowler’s values re- MILLENDER-MCDONALD). her husband, Buck, and her two daugh- flected a common theme of unswerving Ms. MILLENDER-MCDONALD. Mr. ters. devotion and honorable service. As Speaker, I, too, rise today to share a Mr. CRENSHAW. I yield now to the members of the Committee on Armed few remarks about my friend, our gentlewoman from Florida (Ms. HAR- Services, we are faced with very dif- friend, the Honorable Tillie Fowler, RIS). ficult issues that would have and that who served with honor and distinction (Ms. HARRIS asked and was given in fact had a significant impact on in this House. I shall remember her as permission to revise and extend her re- military readiness. someone with enormous capacity, in- marks.) JANE HARMAN, Tillie Fowler and I clusive and fiercely loyal to her friends Ms. HARRIS. Mr. Speaker, I wish to worked together on the Speaker’s Task on both sides of the aisle. Her sacred thank the gentleman from Jackson- Force on Gender Training, a commis- belief while serving in Congress was, I ville for hosting such an honorable sion that reviewed the politically sen- cannot sit next to them one day and memory to Tillie Fowler. sitive issues of coed training in the campaign against them the next. Mr. Speaker, America lost a remark- military services and the issues of sex- What a lady. If I am your friend, then able leader last week. The people of ual harassment in the military and I am your friend. As the politics Florida lost a passionate and effective sexual assaults. around her grew more partisan and un- ally, and our brave men and women in Tillie and I fought hard together in kind through her tenure here, Tillie uniform lost a stellar advocate. I lost a order to try to prevent the closure of held her ground. She knew that, in dear friend. the Department of the Navy’s live-fire order to get things done, she had to do Congresswoman Tillie Fowler was trying range in Vieques in Puerto Rico. away with partisan rancor. She was much more than a role model for I also supported Tillie in her belief of a never reluctant to embrace an idea she women who followed her into public second port for CVNs to replace the felt strongly about. service. Though her trail-blazing exam- carrier John F. Kennedy in Jackson- She had a tiny frame, but a great ple and her indomitable spirit will al- ville. heart and a giant heart. She was a good ways inspire us, she was much more And when it came to developing the soul. Tillie wanted more women to get than northwest Florida’s greatest pro- TRICARE for life program for the over involved in politics and championed moter. Through her service, her dedica- 65 military retirees, it was Tillie that I the issues women care so much about. tion to the people will always guide us. turned to who quietly assisted me in She challenged us all of the time with She was much more than a trusted gaining the support of the Speaker and a question: Does it matter whether colleague, to members of both parties, other Congressional leaders in this pro- women are involved in politics? Her ca- and her unimpeachable standard of gram. reer exemplifies that answer. honor and integrity will always in- Through it all, Tillie repeatedly dis- Upon entering Congress in 1992, Tillie struct us. tinguished herself with a sense of jus- was elected co-chairwoman of the In fact, today, I was even speaking tice and always sound judgment. Her Freshman Republican Task Force on with one of her colleagues at Holland & resolve and tenacity were always fo- Reform. And in her second term, she Knight, and we said, you know, we feel cused on ensuring that our military became a deputy whip for the Repub- like she is still here, we can still see forces were physically, mentally and licans. She was elected vice chair- her smile, we can still see those big operationally prepared for war. She woman of the House Republican Con- glasses, we can still hear her laughter. was known for her superior knowledge, ference on the vow that she would Not often does someone leave you and her ethics and both physical and moral serve no longer than 2 years in the Re- you still feel them so strongly. courage. publican leadership. Tillie Fowler’s contributions as a Above else, she was a woman of in- When she left Congress in 2001, she public servant, as an attorney, as a tegrity and great dignity. It is individ- was number five in the House leader- civic volunteer and, most important, as uals like Tillie that give the American ship. Tillie served with distinction on a beloved wife and mother were rou- system of Government, indeed this leg- the Armed Services Committee, which tinely extraordinary. Why? Because at islative body, honor and respect. led the former Speaker, Newt Gingrich, every stage of her life, she had the

VerDate Aug 04 2004 05:49 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.057 H08PT1 March 8, 2005 CONGRESSIONAL RECORD — HOUSE H1013 courage to follow common sense and Tillie was also one of those rare through her chairmanship of the De- uncommon dreams. Members of Congress whose service to fense Policy Board and every other dif- Whether she was graduating as one of the country and to the world only grew ficult task that the Secretary could five women at Emory University Law after she left the United States Con- pass her way. School’s class of 1967, or successfully gress. As has been recounted here to- We all mourn the loss of Tillie challenging a political establishment night, she served on the Defense Policy Fowler. Her distinguished leadership dominated by male Democrats, Tillie Board Advisory Committee. She took and grace will be dearly missed and her Fowler never met a barrier that she charge of some very serious investiga- accomplishments and her legacy will could not shatter. tions about potential sexual abuse, be with us always. Tillie blessed our Yet, while fighting relentlessly for about sexual misconduct, about pris- Nation through her hard work and her her principles for Florida and for oner abuse. generous nature. My thoughts and America, she never lost her love of hu- Tillie has been called, by many peo- prayers are with her family, her hus- manity, her charity or her grace. ple here tonight and in the past and band, Buck, and her two daughters, Mr. Speaker, as we offer our prayers she will continue to be referred to as Tillie and Elizabeth. and condolences to her husband of 37 truly a steel magnolia. She was a pow- May we all be worthy of the honor years, Buck, and her two lovely daugh- erful, delicate balance of grace and that she bestowed upon this House, and ters, Tillie and Elizabeth, let us honor strength. She was fair in pursuing her may we all work hard to maintain and Congresswoman Tillie Fowler’s mem- goals, but always friendly, always to follow that blazing trail which she ory by elevating our purpose as well as warm, always caring, always time for a cut through for us. the means we choose to achieve it. gentle word to a friend or colleague. Mr. CRENSHAW. Mr. Speaker, re- Mr. CRENSHAW. I yield now to the For these reasons, Floridians will al- claiming my time, it is clear from gentleman from Florida (Mr. DAVIS). ways treasure, we will always appre- what we have heard tonight the great Mr. DAVIS of Florida. Mr. Speaker, ciate, we will never forget the legacy of esteem in which Tillie Fowler was held I, too, as a fellow Floridian would like Tillie Fowler. in this House. We have heard about her to pay tribute tonight to my friend, On behalf of my community, the service in the community, we have Tillie Fowler. Tampa Bay area, Tillie, thanks for heard about her service in local poli- Tillie was a role model, not just for your service. Thanks for being who you tics, and we have heard about her serv- the women who followed in her foot- were. Thanks for the power of your ex- ice here in the United States House of steps, but for all of us who attempt to ample. Representatives, as well as when she represent our communities and our Na- And to your husband, Buck, and to left this place. So I would simply say in tion with dignity and respect. your daughters, thank you for sharing closing that we all loved Tillie, we all Through hard work and perseverance, a precious amount of the too short life will miss Tillie. Tillie was a true trail-blazer, one of of your mother and your wife here with One of the things was, in spite of all five women in her class of 106 from us in the United States Congress. the honors and accomplishments that Emory University’s law school. She Mr. CRENSHAW. I yield now to the came about in her short life, she was was the first female president of the gentleman from Florida (Mr. PUTNAM). always just a great friend. As I said, I Jacksonville City Council. As we re- Mr. PUTNAM. I thank my friend and never had a chance to serve in this counted here tonight, in her 8 years in colleague from Jacksonville and the body with her because I took her place Congress, Tillie rose to the highest successor to Tillie Fowler’s great 4th when she left, but knowing her for 35 rungs of power in the United States District in Florida. And I appreciate years and watching her in the commu- Congress in the Republican Caucus. the opportunity that you have given us nity, seeing how hard she worked, ob- But, in my opinion, what made Tillie all to share our feelings and our re- serving all the things that people have so powerful and so special was not the membrances of this lovely woman. talked about tonight, it is just so clear positions that she held, it was the fact And I think how sad it is that we so the legacy that she leaves behind. that she never lost sight of who she often save our kindest words for those I can remember just a couple of occa- was here to serve. She never forgot that we love and care so deeply for sions, once when she came to see me where she came from. She relentlessly until it is too late. when she was going to run for the city fought for the people she represented. It is an honor to pay tribute today to council. She said, What do you think? She served the country. She served her a great Floridian, a woman who I lived in that particular district; my community. touched so many lives, including my brother had represented that area. I It was not just Tillie’s resume that own, and dedicated herself to making said, Tillie, it would just be magnifi- was impressive; it was her firm stance our State and our Nation a better cent if you would do that. You have on the issues. When Tillie dug in, she place. been involved in the community; you dug in. She stood her ground. But she Congresswoman Tillie Fowler was a have done so much. What a great serv- always treated everybody with respect. remarkable woman. She was an inspi- ice you would be. I said, You are going Regardless of whether they agreed with ration to us all, and she sought to to be a star, I can just tell. I know you. her or not, she always listened. She bring out the very best in each and She became one of the first women to treated folks at home that way. She every American. Her optimism was serve on our city council, the first Re- treated everybody that way, including contagious, as she brought a sunny dis- publican president of the city council, Members of Congress. position to the greatest of tasks and the first woman to be president of the And Tillie always kept her word. backed it up with a steel will. city council. Then she went on to serve Probably one of the most difficult tests Tillie was a public servant, in the in this body. I think most people know for Tillie was her decision to honor her truest sense of the word, who not only she left in 2000 after serving for 8 years, 8-year term limit pledge. She was a served her community in the Sunshine not because she would not have been person of her word. Regrettably, this State but also her Nation. In the 8 reelected overwhelmingly, but because Congress lost her much too soon. We years she spent in the halls of Con- she made a promise to the people in her have lost her much too soon on this gress, she earned a reputation as one of district that she would only serve for earth. the hardest-working and most effective four terms. It would have been very Tip O’Neill once said, the sign of a Members of this House. easy for her to decide that people need- successful politician is, from the time ed her. She would have won over- they start to when they finish their ca- b 2100 whelmingly. But, true to who she was, reer, they have the same spouse, same After leaving this House, her service she made a commitment and she kept home, same set of friends. He could continued. In fact, I think it is a testi- it. It was as simple as that. have been talking about Tillie Fowler. mony to her abilities that some of her When I decided to run in 2000, I will Tillie was the same person from the greatest challenges were given to her never forget the night that I called day she was an adult to the day she left after she had retired from the House, Tillie to say, in a strange set of cir- Congress. She never forgot who she as through her service she continued to cumstances all this kind of came was. support a strong and modern military about, I said, I have decided to run in

VerDate Aug 04 2004 05:49 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.059 H08PT1 H1014 CONGRESSIONAL RECORD — HOUSE March 8, 2005 the seat that you are going to vacate. counsel in the White House Office of Con- she’d won that prize. Yes, she was a lady of You could feel this sense of excitement sumer Affairs. firsts; first woman to serve as President of the and enthusiasm over the telephone, As Vice Chairwoman of the House Repub- Jacksonville City Council; amongst the first that somebody that she had known for lican Conference—number 5 in House leader- handful of female colleagues on the Armed 35 years, and I am honored to say she ship—she represented her constituents well Services Committee; the highest ranking believed in me, not only just helped me and with distinction. She was a tireless advo- woman in Congress within just six years of ar- in the campaign, but paved the way for cate for a strong national defense, which was riving—in this institution built on seniority and me in this body, to bring me up, intro- natural for her because her district was in the tenure of service. And her groundbreaking duce me to her friends, her colleagues, midst of several naval installations. Out of achievements continued as she accepted and many whom you have heard tonight, Congress she sustained her interest in the executed great responsibility at the behest of just went out of her way to go above Armed Forces by serving on several influential Secretary Rumsfeld. But as Tillie Fowler and beyond. That is just the kind of panels. As always, she brought passion and walked with giants, she never lost the com- person she was. professionalism to these difficult tasks. mon touch. She did everything wholeheartedly. I had occasion to work with her as a mem- That may perhaps be her greatest legacy to She came to see me the last Friday, ber of the Transportation Committee. I remem- us all. Even as she balanced her many duties, the following Monday is when she had ber her as cordial and gracious, but always in- Tillie found the time to pay tribute to our the stroke, but true to form, she came tensely passionate about the needs of her Pages from the House floor. Because of the to see me just to visit, to talk about constituents. These traits helped her get the deep, personal interest she took in the lines of things. She was almost like another nickname ‘‘Steel Magnolia.’’ her staff, they remained extremely loyal, stay- Representative from the fourth dis- I join my colleagues in mourning the death ing with her for many years. trict. She never stopped serving the of Tillie Fowler. She was a strong leader and It’s evident that her attention to detail tran- people. We talked about issues that good friend to all of us. On behalf of the peo- scended paper and pencil; Tillie offered tre- were important, and how she could ple of the Third District of West Virginia, I ex- mendous attention to the details of people’s help and ‘‘here are some ideas.’’ Al- tend condolences to her husband Buck and lives. Last week’s Jacksonville Times-Union ways, always on the go. two daughters, Tillie and Elizabeth. guestbook is a testament; everyone from Sec- So, tonight we are sad. We will miss Mr. MILLER of Florida. Mr. Speaker, we are retary of the Navy Gordon England, to those her. She will be missed. She will be here to honor the memory of a woman whose who checked her out at the supermarket, re- missed not only by her family, she will life may not have been rich in the years that membered Tillie’s humaneness and genuine be missed not only by her friends, not we all hope and pray for, but who enriched the interest. One Jacksonville resident said, ‘‘Mrs. only by the people of Florida, but she lives of so many. Tillie Fowler’s career was Fowler . . . obtained information on my fa- will be missed by the people of this Na- filled with accomplishments, and hear calling ther’s WWII service for which I will always be tion whom she so proudly served. was to serve all: her family, her hometown, grateful. When she left office she made sure Mr. HASTERT. Mr. Speaker, America has her state, her country, and her God. that the process was completed by her suc- lost a great public servant and a gracious Many glowing words have been used to de- cessor. While she impacted this nation in so lady. scribe Tillie’s attributes this past week: bright, many positive ways, her attention to the de- When I became Speaker, Tillie Fowler was charismatic, determined, gracious, thoughtful, tails of one small request gives her a special there with me at the leadership table, serving kind, unrelenting. Every one of them is true. place in the hearts of my family.’’ as the Republican Conference Vice-Chair. There have been few political careers quite We can take a lesson from this. And our But despite the burden of her many respon- like hers, but thanks to her pioneering spirit, contribution to Tillie’s legacy should be to con- sibilities, she always had time to be a friend. many paths have been charted to follow. tinue her work here in Congress. Her remarks She was an effective legislator because she Tillie was a woman of deep conviction. No always kept her word to her colleagues and at the 1995 National Prayer breakfast can issue mattered more greatly to her than the guide us: constituents. security of our nation. She cared deeply about She rose within the Republican leadership For a Member of Congress, Washington can our servicemembers, and she acted on that and became one of the most powerful women be a dangerous place, not because of crime, concern during her tenure of service on the although that exists, but because every day in Congress. Despite her influence—she kept House Armed Services Committee. Tillie’s we face the possibility of losing our perspec- her word and honored her term limits pledge trademark steadfastness could be seen in her tive, of becoming tangled in the snares of because she had promised her constituents unfailing support for a well-trained and well- business, partisanship and self-importance she would serve no more than four terms. equipped military. One small part of her legacy that lie all around us and which distract us After leaving Congress, she continued to from remembering why we are here.... In devote herself to public service by serving on can be seen in this time of challenge for our the mist of all the sound and fury it is very critical commissions related to her area of ex- country, when we are calling upon the skill easy and very human to get carried away by pertise in national defense. and bravery of our people in uniform. We’re some personal or partisan agenda and forget Her selflessness and service to her commu- realizing the quality force that Tillie Fowler about the importance of actually accom- nity and family are the legacies she leaves be- helped to build. All Americans are grateful to plishing something constructive on behalf of the people who sent us to Washington. hind. our military, and I know that all branches of The House is a better institution because of the service are grateful to their faithful and ad- It is statements like this that reflect why people like Tillie Fowler. We will miss her vocate from the Sunshine State. Tillie will be remembered not just as a con- greatly. I don’t believe that Tillie ever once took her scientious public servant, but also as a human Our thoughts and prayers go out to her hus- office or her consitutents for granted. She being who was unfailingly courteous and had band Buck and her two daughters Elizabeth were sincerely grateful for the chance to a kind word for everyone she ever met. Re- and Tillie. serve, and we saw that gratitude every day in gardless of party or point of view, we will al- Mr. RAHALL. Mr. Speaker, it is with great her work ethic. Rarely has this body seen a ways remember her with fondness and re- sadness that I discuss the life of the late Con- Member who studies so tirelessly that with spect. gresswoman Tillie Fowler. I knew Tillie during which she was responsible. Legislative Coun- Tillie Fowler managed to fit an extraordinary the eight years she served in the House of cil once told her staff that they’d never seen amount of living and human impact in sixty- Representatives and remember vividly her a Member pore so intently over draft bill text! two years. She was a beloved wife, mother, strong work as a member of the House Trans- But this was indicative of the life of steady, sister, friend, and American patriot. Her name portation Committee. I join my colleagues in consistent, and unfailing effort that she led on will live on in American history, and in the mourning her loss. behalf of Jacksonville and the state of Florida. memory of all who were privileged to know Tillie Fowler was born into a family with a She was the embodiment of the Teddy Roo- her. While we mourn her passing, we take tradition of leadership and service. Her father sevelt quote that she favored repeating. ‘‘Far comfort in knowing that another chapter has was a member of the Georgia legislature for and away the best prize that life offers is the just begun, and that this chapter will be far 44 years. He urged her to go to law school chance to work hard at work worth doing.’’ longer than the days she spent on this Earth. because he had seen widowed women during And to watch Tillie serve her fellow man, Mr. WILSON of South Carolina. Mr. Speak- the Depression unable to get a job and earn from her days in the Nixon White House to the er, I am honored to participate in the tributes a decent living. halls of Congress, between and beyond, one in memory of former Congresswoman Tillie Following her graduation from law school, might have thought she found even the small- Fowler. Although she retired before I entered she worked as a House aide and as a general est task worth doing, and that she believed Congress, I was fortunate to work with her

VerDate Aug 04 2004 05:49 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 7634 Sfmt 9920 E:\CR\FM\K08MR7.060 H08PT1 March 8, 2005 CONGRESSIONAL RECORD — HOUSE H1015 while campaigning for my predecessor, former ligence, clear understanding of defense policy, each of us individually, by how we worked on Congressman Floyd Spence. As Spence Cam- and obvious love for her country helped her issues important to Florida, the district she paign Manager in 1998, I learned firsthand of quickly rise to a position of influence within the represented, and to the nation. Tillie’s warm and convincing personality. Her party. Despite her great responsibilities, Con- We served together on the House Armed enthusiastic endorsement of Congressman gresswoman Fowler remained deeply rooted Services Committee, and we traveled together Spence made her a hero of the Second Dis- in her community, and committed to those in- on behalf of the House of Representatives. trict of South Carolina and propelled Con- dividuals she was elected to represent. She cared deeply about the national security gressman Spence to tremendous victory. Tillie Fowler demonstrated to us all what a of the United States and about her constitu- Tillie was a gracious friend and diligent pub- noble calling public service can be; and she ents in Florida. lic servant. She once remarked that she tried still serves as an inspiration to many of us She was a remarkable public servant; she to live by her father’s guidance ‘‘don’t try to be today, myself included. With the passing of broke the mold, becoming the first woman and popular. Just do the right thing.’’ In following Tillie Fowler, we truly lost one of the brightest first Republican to serve as council President his advice, she became one of the most well stars the Sunshine State ever had to offer. of the Jacksonville City Council in 1985. She respected and effective members of Congress. Her legacy and influence will not be forgotten, was a woman of her word—here in Congress Through her quiet tenacity and steady leader- for we are forever indebted to her for all that and with the people she represented so well ship, Tillie solved difficult problems and she was able to accomplish. here. achieved tremendous successes. She was Ms. ESHOO. Mr. Speaker, I rise today to When she first ran, she pledged to only committed to protecting Florida’s bases, help- place into the RECORD a tribute to honor serve here for 6 years. Very few members ing America’s military families, and enabling former Representative Tillie Kidd Fowler, who who make such a pledge actually keep it in our men and women in uniform to successfully passed away unexpectedly on March 2, 2005. the end. But Tillie did. She was as good as defend our country. As we fight the War on Tillie was not only an extraordinary leader her word on any matter. She made the most Terrorism today, Tillie’s accomplishments are and a dedicated public servant, she was also of her service here, becoming the 5th ranking more relevant than ever. a dear and loyal friend. Republican in the House by 2000. Tillie and I came to the Congress together True to her word, Tillie retired after eight After she left the House, she remained ac- in 1993, and worked together on many issues years of service in the House of Representa- tively engaged in matters of national defense. during the eight years she served her constitu- tives. She continued to serve her country as In 2001 she was appointed to the Defense ents in the communities of Jacksonville, Flor- Chairman of the Defense Policy Board Advi- Policy Advisory Board by Secretary of De- ida. Tillie was kind, intelligent and thoughtful. sory Committee. She was awarded the Navy’s fense Donald Rumsfeld. She also continued to She put aside partisanship and politics for the Distinguished Public Service Award and the be involved in local civic and business affairs. good of the American people. Too few today Department of Defense Medal for Distin- She always took on the hard issues, inves- speak with courtesy and respect when in dis- guished Public Service, the highest civilian tigating sexual assaults at our military acad- agreement with a colleague on important emies and torture at prisons in Iraq . . . both awards given by the Navy and the Department issues, but Tillie always did. These attributes difficult and thankless jobs. Tillie was a rare of Defense. earned her enormous respect among Repub- Tillie also possessed an extraordinary sense breed—a class act and a scrappy fighter. licans and Democrats alike, and undoubtedly of purpose and a profound understanding of Tillie was the picture of grace and compas- played a role in her rise to Chairwoman of the what matters most in life. Her dedication to sion. Public service was genetic for her; her House Republican Conference, placing her father was former Georgia State Sen. Culver her family and her friends was possibly her fifth in the Republican leadership hierarchy. Kidd. most admirable quality. She will be greatly As a member of the Armed Services Com- I will miss my friend; I fully expected to be missed. My thoughts and prayers go out to mittee, Tillie was a champion of a strong na- working with her in the upcoming BRAC delib- Buck and her daughters, Elizabeth and Tillie. tional defense and worked tirelessly to im- erations this year. She was tenacious, she Mrs. MYRICK. Mr. Speaker, I would like to prove military culture in the U.S. and abroad. was gracious and she was a beautiful soul. honor the memory of a dear colleague. I first She continued this good work after her retire- met Tillie Fowler when I came to Congress in ment from Congress in 2001, serving on the Her family—her husband, Buck, and their 1995. Tillie always stood out as someone Defense Policy Board Advisory Committee daughters—will be in my thoughts and pray- Members could admire. The more we worked where she aided the Secretary of Defense on ers. together, the more I grew to admire her. She strategy and policy matters. She also served Ms. CORRINE BROWN of Florida. Mr. always took time to give advice—no matter on several panels to investigate allegations of Speaker, I was deeply saddened to hear of how busy she was. discrimination and sexual misconduct at the the sudden passing of my former colleague, Tillie would stick to her convictions regard- U.S. Air Force Academy, as well as prisoner Tillie Fowler. My prayers and deepest regrets less of who disagreed with her. Yet, at the abuse in Iraq. Her work to improve our na- go out to her and her immediate family, Buck, same time, she was also very warm and tion’s military is second to none and she will and her two girls, Tillie Ann and Elizabeth. friendly. Due to these characteristics Tillie be remembered for her role in eliminating in- Tillie and I shared a lot in common. In fact, earned the nickname ‘‘Steel Magnolia,’’ which timidation, discrimination, harassment and as- in 1992, we came up to Washington together I thought really suited her. sault from the culture of our military. as members of the same class of elected rep- Tillie was a staunch supporter of strength- The State of Florida, our nation and those of resentatives. This class was so dynamic, and ening the defense of our country. She was us who are Members of Congress have lost a filled with so many new and soon to be influ- also a strong conservative who wanted gov- true friend and wonderful leader. ential women members, that it was referred to ernment to stop interfering in people’s lives. Mr. Speaker, I ask my colleagues to join me as ‘‘The Year of the Woman.’’ Due to her strong stances and warm person- in honoring the extraordinary life of Tillie One distinct adjective to describe Tillie is ality, Tillie was chosen as one of our top Re- Fowler and in extending our deepest sym- that she was a tremendous fighter. She strug- publican Leaders; a position she filled with pathies to her beloved husband Buck, their gled hard for what she believed in, and for the grace and wisdom. daughters Tillie and Elizabeth, and their entire betterment of the people and the region she To those of us who knew Tillie, simple family. served. Above all, Tillie loved her country, and words or speeches cannot describe her. Nor Mr. ORTIZ. Mr. Speaker, I join my col- fought hard to protect the freedoms we can they speak enough about the woman she leagues today in paying special tribute to a enjoy—even the freedom to disagree. Tillie was. I will always remember Tillie as more unique patriot and a great American. Tillie was a woman of great distinction, highly re- than just a colleague during my years here. I Fowler was known as a ‘‘Steel Magnolia’’ be- spected, and was always extremely active in will remember her as a good friend. cause she was a grand class act with enor- her community. She served our country well, May God bless Tillie and her family, and mous strength of character. particularly in her strong support of the mili- may we not forget the contributions she has Tillie and I worked together on a host of de- tary, specializing in issues concerning wom- made to our country. fense-related issues, including the Depot Cau- en’s roles and rights within the military. She Mr. REYNOLDS. Mr. Speaker, when former cus which I co-chair. In a world of Republicans was also a woman with strong leadership U.S. Representative Tillie Fowler passed away and Democrats who often see only the worst qualities and one who believed in the value of last week, we lost an inspiration, a mentor, a in each other, Tillie stood out as a hard-nosed volunteerism and community service. patriot, and a friend. From the time she first realist and a reliable partner for any Member Even though Tillie worked on the opposite came to Congress, Tillie Fowler was com- of Congress who stood with her on an issue. end of the political spectrum, I recognize tre- mitted above all else to serving the American She didn’t see party affiliation as the most mendous contributions Tillie made, and influ- people. Her warm manner, unmistakable intel- important aspect of a colleague; she judged ence she had within the Republican Party. In

VerDate Aug 04 2004 04:52 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\A08MR7.027 H08PT1 H1016 CONGRESSIONAL RECORD — HOUSE March 8, 2005 1998 in fact, she was chosen by her col- next 37 years, Ms. Fowler served our Nation fense secretary last year on issues related to leagues within the Republican Party to be the in many different capacities culminating in her the allegations of prisoner abuse by U.S. mili- Vice Chairman (or Chairwoman) of the Repub- election as a Republican representative in tary personnel at Abu Ghraib prison in Iraq. lican Conference. This honor made her the Congress. I had the honor of serving with Ms. Tillie Fowler was a wonderful person, the highest ranking woman in the U.S. Congress Fowler on the Armed Service Committee. I beloved wife of Buck Fowler of Jacksonville at the time she retired, in 2000. She also have not known a stronger supporter of na- and devoted mother of two daughters, Tillie served for 6 years as Deputy Majority Whip in tional defense, those who serve in the military, Fowler of Washington, D.C., and Elizabeth the Party, paving the way for future women to and their families. Fowler of San Francisco. move up the political ranks here on Capitol After leaving Congress, Ms. Fowler re- We mourn her sudden passing and offer our Hill. mained dedicated to our country. She has deepest sympathies to the Fowler family and Moreover, when she obtained a seat on the done extraordinary work helping lead the com- the many, many friends and colleagues in House Armed Services Committee, she was mission reviewing sexual harassment at our both the public and private sectors whose the only Republican woman at that time on the Nation’s military academies. I am pleased that lives were touched and enriched by Tillie committee. Given the tremendous influence we were able to continue our professional Fowler. the military plays in the city of Jacksonville, working relationship when Tillie left Congress, f her appointment to this committee was more and that we were still in touch this year work- DEFENDING SOCIAL SECURITY than critical. Upon leaving Congress, Tillie ing on mutual issues of interest for the San worked hard to ensure a strong U.S. military Diego Airport Authority. The SPEAKER pro tempore (Mr. was recognized by the Secretary of the Navy Tillie K. Fowler was not just a colleague, GOHMERT). Under the Speaker’s an- and the Secretary of Defense. She went on to she was a friend. She will truly be missed, by nounced policy of January 4, 2005, the receive the Navy’s Distinguished Public Serv- me and a grateful Nation. gentlewoman from Wisconsin (Ms. ice Award and the Department of Defense Mr. WOLF. Mr. Speaker, I join with my col- BALDWIN) is recognized for 60 minutes Medal for Distinguished Public Service, both of leagues today in this special order tribute to as the designee of the minority leader. which was the highest civilian awards given by the life and achievements of our former col- Ms. BALDWIN. Mr. Speaker, I rise the Navy and DOD. league, Congresswoman Tillie Fowler, who this evening to draw attention to some Additionally, I served with Tillie on the T & passed away suddenly last week. of the hundreds of letters that I receive I committee, and crossed party lines numer- I had the privilege of serving with Tillie. She every week from constituents who are ous times to work together and do what was was a good person—a woman of honesty and outraged or frightened by the Presi- best for the city of Jacksonville and North Flor- integrity—and a remarkable public servant. dent’s plan to privatize Social Secu- ida as a whole. She had a distinguished eight-year tenure in rity. Americans of all ages know that My heart and prayers go out to Tillie’s dear the House of Representatives. When she re- the President’s private accounts are a family during this difficult time. They will retired in 2001 after a self-imposed four-term risky change that will do nothing to al- main in my thoughts and prayers. limit, she was the highest-ranking woman in leviate Social Security’s long-term fi- Mr. BILIRAKIS. Mr. Speaker, I rise today to the House leadership, serving as the vice nancial pressures. As more details of honor Congresswoman Tillie Fowler, our friend chairman of the Republican Conference. She this plan trickle out of the White and former colleague who recently passed also served for six years as a deputy majority House, Americans are not commu- away. whip. nicating a mandate; they are express- Tillie Fowler was a unique individual. She Representing the area around Jacksonville, ing outrage and fear. was tough. She was smart. She was deter- Florida, Tillie quickly made a mark in the Social Security is the single most mined. She was gracious. She was an effec- House after her election in 1992. She obtained successful anti-poverty program in our tive advocate for her Jacksonville-area con- a seat on the House Armed Services Com- country’s and government’s history. I stituents. She also was a loving wife and de- mittee, the only Republican woman on the intend to do all that I can to make sure voted mother, as well as a friend of mine. committee at that time, enabling her to rep- that this program survives this current Born in Georgia as the daughter of a politi- resent well the military and naval installations attack, and I know that millions of cian, Tillie quickly distinguished herself as a in her northern Florida district. Americans are joining in this effort. force with which to be reckoned. She earned She also served on the Transportation and I hear from those that I have the a law degree from Emory University. She be- Infrastructure Committee and chaired the Sub- honor of representing in Wisconsin’s came a congressional aide and White House committee on Oversight, Investigations and Second Congressional District every staffer. She was elected President of the Jack- Emergency Management, from which she led day. They write to tell me about their sonville City Council. an investigation of the nation’s preparedness profound concern with this plan, and Tillie won election to Congress in 1992 and for a domestic terrorist attack. Eighteen they also write to tell me about the did such a good job that she was unopposed months before 9/11, she authored legislation profound difference that Social Secu- in her three subsequent elections. She be- that would have centralized federal anti-ter- rity has made in their lives. They write came the most powerful woman in Congress rorism efforts. After the 2001 terrorists attacks, to share their fears about how privat- during her time here, rising to become Vice many of the reforms she proposed were en- ization could jeopardize their retire- Chair of the House Republican Conference. acted in the creation of Department of Home- ment. They write to express frustra- She willingly retired from Congress after serv- land Security. tion that our President has proposed a ing eight years, though her public service con- She gained a reputation as a knowledge- scheme that would dismantle Social tinued until the day she died. Those who knew able and articulate advocate for a strong U.S. Security, not strengthen it for future her remember her wisdom, common sense, military and when she retired from Congress, generations. fairness, and gentle disposition that could dis- she received the highest civilian awards given I have come to the floor tonight to arm even the most hardened opponent. by the U.S. Navy and the Department of De- share portions of these letters that I Mr. Speaker, Tillie once said that ‘‘I’d rather fense—the Navy’s Distinguished Public Serv- receive on a daily basis, and I hope have people’s respect than have them like ice Award and the Defense Department’s that those who seek to privatize and to me.’’ I think I speak for all of us when I say Medal for Distinguished Public Service. dismantle Social Security are listening that she gained our love, admiration, and re- An attorney by profession, Tillie became a this evening. I will also be joined by spect. I join our colleagues in mourning Con- Washington-based partner in the Holland & colleagues tonight who wish to share gresswoman Tillie Fowler’s passing and cele- Knight law firm after leaving Congress, but the words and stories of the constitu- brating her life. I extend my thoughts and also continued her public service work. She ents that they represent with the prayers to her husband, Buck, and her daugh- served on the Defense Policy Advisory Com- American public. ters, Tillie and Elizabeth. mittee, later chairing the panel—the first I would like to start this evening Mr. CUNNINGHAM. Mr. Speaker, with the woman to head the board in its 20-year his- with excerpts from a few letters con- passing of Tillie Fowler, America has lost a tory—which advises the secretary of Defense cerning the general importance of the great American, dedicated public servant, and on strategic planning matters. She also led a Social Security program. friend to many. panel created by Congress in 2003 to inves- Ann, from Madison, writes: ‘‘I am ap- Ms. Fowler’s distinguished career in public tigate allegations of sexual misconduct at the palled at the changes suggested for So- service started as a legislative assistant to U.S. Air Force Academy, and was a member cial Security. If you have known any- Representative Robert J. Stephens, Jr. For the of a blue-ribbon panel which advised the De- one living on it entirely, the monthly

VerDate Aug 04 2004 05:49 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MR7.032 H08PT1 March 8, 2005 CONGRESSIONAL RECORD — HOUSE H1017 amount cannot be cut at all without tire. None of us aspire to benefit from One little woman in my district, part leaving the retiree or the disabled per- the survivor or disability portions of of the golden girls, her name is Gracie son in utter poverty. Private plans Social Security, but they are there for Vigneau, stood up and said, I under- have been tried and failed in a number all of us, just in case we need them.’’ stand that there are three legs to this of other countries. You only have to Before I read some additional letter stool. I understand the importance, look at the last several years to see excerpts from those who have received having lived through the Great Depres- what could happen to someone reach- Social Security for disability or as sur- sion, having fought and persevered ing retirement age in the wrong time vivors, I would like to yield to my col- through the Second World War, having or period. If the administration wants league who I thank for helping to co- come home and rebuilt this Nation, but to experiment, let the government do organize this evening’s Special Order I always felt that we had this special it and take the risks. If this fails, are on Social Security, my friend, the gen- contract, that guarantee from our gov- we really going to let that frail, 80- tleman from Connecticut (Mr. LARSON). ernment, that third leg of the stool, if year-old for whom work is no longer an Mr. LARSON of Connecticut. Mr. you will, that was the Social Security option, starve sitting on the curb?’’ Speaker, I thank the gentlewoman, and guarantee. It provided the floor, the Mary, also from Madison, writes: ‘‘I I commend the gentlewoman from Wis- safety net from which nobody could stand behind you in your fight against consin for truly putting this together fall through. That was the contract privatization of Social Security. I do and taking the time to make sure that that came out of the, well, the Great not believe that privatization is a good all of America gets to hear what has Depression and its aftermath, and what idea at all. From everything I have got to be a mosaic of concern all across it did to so many people and how it ru- learned about this issue, Social Secu- this country, because, like the gentle- ined their lives. Yet, today, we see the rity privatization would reduce bene- woman and myself, several others have problems that exist both in pensions fits because of increased overhead costs conducted town hall meetings and fo- and personal savings, which are in far and would also transfer the risk from rums and have received letters of con- greater crisis than Social Security.’’ the government to the individual. Also cern from our constituents all across And so she asks, ‘‘Why would we that move is likely to reduce benefits.’’ this great country of ours. It is quite place any element of risk in the pro- Mary continues: ‘‘I am 31 years old, compelling when you both read the gram that is there for our guarantee?’’ so I am a person who supposedly would mail and you listen to the citizens of She said, ‘‘I will be long gone.’’ She be helped by the privatization of Social this great country speak their minds. said, ‘‘I am concerned about my chil- Security. But I don’t believe it. And I was particularly struck by a gen- dren and their children and their chil- even if I were personally helped, I do tleman from Windsor, Connecticut, dren’s children.’’ not believe the financial risk to my fel- who wrote me and said: ‘‘I would like This has been the most successful low Americans that they would incur is to encourage you to oppose President program in the history of this country, worth any possible benefit I would re- Bush’s Social Security personal ac- and it has kept so many people out of ceive.’’ counts with every resource possible. I the depths of poverty. Just last week Doug writes: ‘‘Among many other turned 54 this year, missing the cutoff we talked about the impact that this things that concern me deeply in re- for retaining my full promised benefit program has had on women and how gards to the Bush administration, it is by 7 months. I am not a spend-thrift they are disproportionately disadvan- this whole Social Security business who has wasted his money over the taged and how crippled they would be- that is going on. Inherent in the defini- years. In fact, I have placed at least 10 come if the so-called Bush plan were tion of the name ‘security’ and the percent of my earnings in retirement ever to go into effect. principle of Social Security is the fact savings plans since 1978. I fully fund So I commend the gentlewoman. I that it is secure and guaranteed. That my 401(k) and my Roth. But I have no have other things, other letters to read fundamental right, that we pay in, that pension, and my wife is not even eligi- as well in this dialogue that we have we will get out, is essential to the ble for a 401(k) or equivalent since she here this evening, this important dia- whole idea of the plan and the system. works for the Manchester School Dis- logue with the American public, that I think it would set a very bad prece- trict as a tutor. they have with us placed their trust, dent if that whole idea were struck ‘‘Despite all my efforts to save, I will and where we have sworn to give our down.’’ not have enough to retire on without very best. Marcie, from Madison, writes: ‘‘I find the guarantee of Social Security. Why? I know that we are joined by the gen- the changes Bush proposes for Social Because I worked for five companies tleman from New Jersey, and I will Security to be very scary at best. between 1984 and 2000 that all went out yield back to the gentlewoman from There is already an ever-growing gap of business or left Connecticut: Wisconsin so that she may recognize between the haves and the have-nots in Heublein, Ames, Shawmut, Northeast another outstanding member of this this country, and this will only make Savings and International Paper. Each caucus. the situation worse. The haves already time I was forced to find another job, I Ms. BALDWIN. Madam Speaker, I know about investing or can afford to lost a year of contribution to my 401(k) yield to the distinguished gentleman hire someone to advise them. How and another year of employer match, from New Jersey (Mr. HOLT), my friend many of the have-nots know much through no fault of my own. That adds and colleague. about investing or have the time or the up to quite a bit of savings that have Mr. HOLT. Madam Speaker, I thank ability to learn? If the changes go been lost. I am putting one child the gentlewoman from Wisconsin and through, I hope they will at least through college and I have another yet the gentleman from Connecticut for ar- change the name. There will be no so- to go. I have no more to save. I have al- ranging this discussion. cial, all citizens contributing to the ways supported my family and paid my Madam Speaker, America is all abuzz well-being of others in our society, and own way. I am relying on the Social about this discussion on Social Secu- no security. There will no longer be a Security system my employers and I rity, and that is because it is recog- safety net for those retiring and those have already contributed about $200,000 nized from coast to coast, from every who are disabled.’’ to, to live up to its promises. If the little village to every city, as very im- And Marcie brings up a very impor- government of the United States can portant. It is recognized, I would say, tant point: ‘‘Seniors are not the only turn its back on its promises to its own as one of the great accomplishments of people who rely on Social Security citizens, of what value is it? America in the past century. benefits. People receiving survivor ben- One of my constituents wrote me efits and disability benefits make up 31 b 2115 saying, ‘‘Representative HOLT, please percent of the Social Security pro- ‘‘Please, help me and every other per- remind the Members of the House of gram. Social Security is insurance, a son in my shoes.’’ Representatives how important Social safety net that we can all expect to It is this kind of poignant response Security has become for American benefit from when we retire, but it is that we have heard from our citizens families.’’ also an insurance or safety net that all across the country that screams out And she tells an important story that you could benefit from before you re- for this Congress to take action. brings up a part of Social Security that

VerDate Aug 04 2004 04:52 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.061 H08PT1 H1018 CONGRESSIONAL RECORD — HOUSE March 8, 2005 we sometimes forget. The discussion colleague, I have heard it now from Mr. LEVIN. Madam Speaker, I thank often concerns retirement. But she thousands, and I am not exaggerating, the gentlewoman, and congratulate her tells the story of how her mother was of my constituents. on doing this. What we are doing here widowed, and she and her two brothers I thank the gentlewoman for arrang- tonight, I say to my colleague from were left without their father when he ing this discussion. Connecticut and, later on, from Cali- died in 1931. This was before Social Se- Ms. BALDWIN. Madam Speaker, I fornia, and my good colleague from curity was passed. ‘‘We had to return,’’ thank the gentleman for his words and New Jersey, is to read some of the let- she said, ‘‘to my mother’s family home also for the spotlight he has put on the ters that we have been receiving from where we were reminded constantly words of his constituents. constituents. There are so many, I how fortunate we were that we were I was mentioning, as the gentleman thought I would read just three of from a family willing to take us in.’’ from New Jersey (Mr. HOLT) just did, them, and then let others carry on. I about the 31 percent of all Social Secu- She grew up feeling like a charity case. hope we will continue to do this, be- rity beneficiaries who are not retirees But the story goes on. A couple of cause it brings home to Washington but are, in fact, disabled workers or decades later, when her brother died what we hear at home and what comes survivors. I would like to have my col- young at age 38, his five children re- from home, what comes from home. leagues hear from some additional conceived Social Security survivor bene- The first letter comes from a constituents of mine who fit in that cat- fits until they were able to care for stituent in Clinton Township, Michi- egory and are advocating in that man- themselves. They stayed in their own gan. She wrote to a colleague of mine, ner. home, went to the same school and Martha from Madison writes, ‘‘I can and under our procedures, it was trans- never had to feel like charity cases. speak to the power of Social Security ferred to our office. And it reads, ‘‘The Social Security survivor benefits, professionally as well as personally. I Bush administration has placed Social just as Social Security retirement ben- work for an agency that assists adults Security on the top of the domestic efits, bring with them not just money with developmental disabilities. For priority list, but should it be? The ‘cri- but dignity. This story, I think, high- these individuals, much, if not all, of sis’’’, and that is in her quotes, ‘‘they lights one of the important aspects of their livelihood comes from monthly are trying to fix has been taking in Social Security. Social Security checks. Few of us could more money than it has paid out since Another constituent wrote to me and live on $58.77 a month. Their lifestyle is the 1980s. If left untouched, our current said, ‘‘The President claims that plac- not extravagant, but it is possible. system would be capable of paying full ing Social Security savings into mu- More personally, my family has seen benefits until 2042 and 75 percent after tual funds will yield a positive result. the effects of Social Security.’’ that.’’ Mutual funds still have risk. They go Martha writes, ‘‘My husband became ‘‘If this administration wants to fix a up and down. I have lost capital in sev- unable to work just as he was entering crisis, they should begin with the na- eral mutual funds. The average person the prime of his life. How would a tional debt that’’ and there is a word is not an investment sophisticate.’’ privatized plan secure my family as we left out I think, ‘‘that have created Another resident of Central New Jer- raise our three children? How would a over the past 4 years. Increasing the sey writes to his representative, ‘‘It is privatized plan continue to address my deficit each year has weakened our bad enough that corporate America is family’s needs over the next 40 years as country tremendously. Furthermore, trying to take away employee retire- we age and retire? My greatest fear is allowing Social Security reform would ment and benefits. Now the President that those who are most removed from cost the government between $1 tril- is talking about taking away Social poverty are in the decision-making po- lion and $2 trillion. We live in an econ- Security.’’ sitions. It is perhaps too easy for the omy of job loss, underfunded schools, Madam Speaker, they see this as tak- President and those like him to assume costly health care, and debt. The prob- ing it away something that they have that all Americans have the means to lems of today still need to be con- earned, something they are entitled to. weather life’s most unexpected fronted, so why is this their focus in Anyway, he says, ‘‘I don’t want to storms.’’ 2042? Reducing benefits would deprive save Social Security just for my gen- Kathy from McFarland, Wisconsin, citizens of the stability they deserve eration, but for all generations. I be- wrote, ‘‘I lost my daughter in July. She during retirement. The Bush adminis- lieve it is the best and most needed was 31 and left two children, ages 12 tration is attempting to undermine the program the government ever came up and 8. It is Social Security that is pro- very concept of Social Security by with. I believe Senator DOLE said it viding a safety net for my grand- doing so. If we allow this reform, the best when he headed a committee a children. My daughter paid for this. My future of numerous citizens would be couple of decades ago dealing with So- husband and I paid for this. And my placed in jeopardy. This need to pri- cial Security. When large corporations son, who served in Iraq, paid for this.’’ vatize Social Security is fiction, but or even the State of California wanted Stephanie from Madison writes, ‘‘I the national debt is not.’’ This is a wise to drop out, the Senator said, Social am writing to encourage you to reject constituent. All our constituents are Security is not a tax; it is a Federal re- President Bush’s plan to partially pri- wise; this is one who may be especially tirement plan that everyone has to be vatize Social Security. When my father wise. in for it to work.’’ died in 1958, my sister and I were 9 and ‘‘Our government should be working I am sure my colleague from Wis- 15 years old. My mother had never to strengthen stability within our consin has had a similar situation, has graduated from high school, so she was country, not weaken it. My suggestion had similar experiences. When I go be- only able to get low-paying jobs. If it to the Bush administration is this: Fix fore a group of Social Security recipi- hadn’t been for our survivor benefits, I the problems you have created before ents, I ask: Is there anyone here don’t know what we would have done. addressing those of 2042. Continuing to ashamed to take Social Security? And As it was, my mom’s budget was very ignore the issues of today will not en- they all chuckle and say, of course not, tight. People need to realize that So- sure a better future for tomorrow.’’ because we have earned it, because So- cial Security isn’t just for seniors; it b 2130 cial Security is for everyone. And ev- also pays out survivor benefits as well eryone knows that it is for everyone. It as disability benefits. All of us are sim- It was sent, and we checked with this is not for the ones who are clever in ply one accident or disease away from constituent to make sure we could use the market. It is not for the ones who needing Social Security.’’ her name, Colleen Szeliga. are welfare cases. It is an earned ben- Before proceeding to other letters Let me just read a second letter that efit that brings with it dignity in the from my constituents, I would like to is much briefer. I think the gentle- non-wage-earning years, those years of yield time to my distinguished col- woman from Wisconsin (Ms. BALDWIN) retirement or years after the family league from the State of Michigan, a mentioned a letter from someone who breadwinner has died or those years leader on this issue, a champion on this had worked in the system. This is a when disability makes it impossible to issue on the Committee on Ways and brief letter from Jeanne Polisei who earn wages. It brings income and dig- Means, to the gentleman from Michi- says the following in a letter to me: ‘‘I nity in all of those cases. And like my gan (Mr. LEVIN). worked for SSA for 18 years. I know,’’

VerDate Aug 04 2004 04:52 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.063 H08PT1 March 8, 2005 CONGRESSIONAL RECORD — HOUSE H1019 and it is underlined, ‘‘what a great pro- are disabled and those who are family The stock market is a fluctuating ve- gram it is. I know it has done wonders members. And the President said, if I hicle for savings. It goes up, but it also for people who would otherwise be might take another 30 seconds, that goes down. The administration should poor. Please do all you can to keep this they would not be affected, the dis- be working with Congress to promote program as it is. Wall Street is not de- abled. But that does not work out be- personal wealth and savings through pendable but SSA is.’’ cause what he has called a good blue- investment but not at the cost of So- If I may take a minute to read an ex- print provides for major benefits cut. cial Security. cerpt from a letter. I will just read an And the plan, the second plan of the Then Ms. Verdine F. Alston. Ms. Al- excerpt because we did not have a commission that is part of that good ston is an 89-year-old widow. She is chance to reach this constituent, so I blueprint does affect the disabled. And concerned about the Republican pro- will not mention the name or place if you were to have these massive cuts posals for Social Security. This is an this fully in the RECORD. Just the heart over time, especially hurting younger American that has contributed to soci- of this letter that was written Novem- workers, for retirees and not for the ety for most of the 20th century. And ber 10, 2004. This is her handwritten let- disabled, it would mean deeper cuts yet she states: ‘‘Please stop President Bush ter and I will read it exactly as it is: for younger workers who are going to from privatizing Social Security. I ‘‘My daughter is on childhood benefits retire. have paid into Social Security since it on her dad’s work record and this is the Mr. LARSON of Connecticut. So started and before I was to vote. I am only source of income, just as I am on when the gentleman says the Presi- now 89 years old and a widow. My hus- widows benefits. We are both on Social dent’s good blueprint will in fact weak- band has been deceased for 10 years, Security. This has made’’ and I think en Social Security, that is exactly and his pension just expired. I am de- the word me is left out ‘‘so sick with what it is doing? pendent solely on Social Security.’’ worry. What Bush wants to do is ‘pri- Mr. LEVIN. It would not only weaken Now, it is unacceptable to pull the vatize’ Social Security.’’ it; but one last point, it would in the rug out from under our senior citizens. And then she goes on to say: ‘‘The end shrivel it next to nothing and A proud American, Ms. Alston stressed late President Roosevelt set this up as mean its demise because of the cuts in the wisdom of a past President and a trust fund for families and their chil- benefits and what is called the claw- said, ‘‘The very first time I voted was dren and the disabled. This is not his back which would be an offset against for President Roosevelt when I was 21 money.’’ And then I finish with this: your Social Security of what is in your years old. Social Security is not wel- ‘‘My husband worked hard for this private accounts and that would be for fare.’’ money and died before his time. I pay younger workers, about 70 percent of And according to the National Part- the mortgage, the utilities, and food on what was left in your Social Security nership For Women and Families, So- the table. It is a daily struggle just to benefits. So in the end the younger cial Security provides 90 percent or make ends meet from month to worker in most cases would end up less more of the total income for 44 percent month.’’ in both, end up with less in both than of nonmarried women 65 and older, 66 So this letter and the others and the if Social Security had not been de- percent of nonmarried Hispanic women ones other Members have read and 65 and older, 74 percent of nonmarried those that will be coming express so di- stroyed. And the Social Security part African American women 65 and over, rectly and poignantly what this strug- of it would be so small that it would no and 35 percent of all nonmarried men 65 gle is all about. It is to indeed to save longer be sustainable. And that is why this privatization by diversion of So- and older. and strengthen Social Security. We are Now, Marvin Tavlin, who is a 90-year- willing to step up to the plate as we cial Security monies is essentially a old legislative chairperson for the were 20 years ago. What we do not want path to the dismantling of Social Secu- Westside Chapter Alliance of Retired to do is to weaken and dismantle it. rity. Americans, said it is important to re- And these letters express why this is so Mr. LARSON of Connecticut. Has the member that our country is made up of important for the people of our Nation. administration now admitted that that So carry on with more letters. We are will not in any way, shape, manner or compassionate Americans, many of going to keep reading the letters to get form close the gap that exists? whom study the history of our great this message across as to what the di- Mr. LEVIN. The privatization pro- country. And during the town hall version of monies from Social Security posal does nothing to address the meeting that I just held in February, to private accounts would really mean shortfall and, indeed, makes it worse. Mr. Tavlin asked if he could share his for the people of this country. And I Mr. LARSON of Connecticut. I thank modern Gettysburg Address with us, think another time we will be reading the gentleman for clarifying that. and it goes like this: letters from younger people because Ms. BALDWIN. I thank the gen- ‘‘Three score and 10 years ago our fa- they have so much at stake and would tleman for his tireless leadership on thers brought forth to this Nation a be hurt so badly by the effort of the protecting our Social Security system new idea, a compact between the gov- President to take monies out of Social and amplifying the voices of your con- ernment and the people to promote the Security, put them into private ac- stituents’ very powerful letters. I general welfare and for the first time counts, making the shortfall worse, not would like to yield to my distinguished in our history to guarantee the Social less, and undercutting a program that colleague from the State of California Security of our senior citizens. We are has meant so much in terms of inde- (Ms. WATSON). now engaged in a great political battle pendence for those on Social Security Ms. WATSON. Madam Speaker, we testing whether the new concept can and will mean so much for my children held two public forums in the 33rd Con- truly endure. The dedicated men and and my grandchildren. gressional District in Los Angeles, women, living and dead, who fought so I thank the gentlewoman very much California; and I would like to just long to achieve this worthy goal infor giving me this opportunity. quote from three of the speakers that spired us to carry on their tradition. It Mr. LARSON of Connecticut. Madam participated. is now up to us, the living, to rededi- Speaker, I wanted to ask the leading This one is from Miss Nina cate ourselves to the great task re- Democrat on Social Security on the Diamantle Vera, and she is worried maining before us, to guarantee that Committee on Ways and Means, the that the proposal for private accounts this renowned social program for the gentlewoman from Wisconsin (Ms. would put her hard-earned retirement American people who have worked and BALDWIN) discussed very eloquently savings at the mercy of the stock mar- struggled so long and so hard for their and poignantly, as the gentlewoman ket. She was compelled to write me a families, their communities and their pointed out in her letters, the number letter to warn me of the perils of pri- country; yes, that this great social proof people outside of the retirement ben- vate investment. And she said: ‘‘I lost gram shall never perish from the land.’’ efits, but survivors benefits and also $90,000 in the stock market. The privat- We gave him great applause because I those on disability, what are the statis- ization program will only make stock- think he spoke for most Americans. tics on that? brokers richer. It is the stupidest thing Ms. BALDWIN. Madam Speaker, I Mr. LEVIN. About 30 percent of So- that President Bush has done.’’ That is thank the gentlewoman for sharing cial Security benefits go to those who the quote. with America the powerful words and

VerDate Aug 04 2004 04:52 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.065 H08PT1 H1020 CONGRESSIONAL RECORD — HOUSE March 8, 2005 stories of those who she proudly rep- are disabled, stand to lose the most who writes, I am very concerned about resents. under President Bush’s plan. His pro- what Mr. Bush is doing to the country. I am now delighted to yield to one of posed changes will not help preserve I have been working for 37 years, and I our new colleagues who we are so proud benefits for those who depend on them have been at my current position for 28 has joined us from the State of Mis- the most. years. From day one, I was told that I souri. We know that this gentleman Let us strengthen Social Security, would be given a pension at the end of has been home in his district listening the very foundation of retirement secu- my tenure. Over the years, the com- to his constituents actively providing rity in this country, and if we are pany has changed hands and, in fact, them an opportunity to speak to him going to have discussions about private changed leaders. Now, the pension has and tonight to America through him. I accounts, let us talk about those in ad- been changed to a cash balance. Be- am honored to recognize the gentleman dition to and on top of this solid foun- cause of this change, I will be getting from Missouri (Mr. CARNAHAN). dation of Social Security. about one-quarter of what I would have Mr. CARNAHAN. Madam Speaker, I Ms. BALDWIN. Madam Speaker, I been getting in my pension, and now, am pleased to join in tonight and share thank the Congressman and I am very Mr. Bush claims that under his privat- some of my experiences over the last pleased that he brought up the issue of ization plan, Social Security benefits few weeks. the risk that Social Security would be would go up. Yet the Congressional Like many of our fellow Members subject to if these private accounts Budget Office says Bush’s privatization here in the Congress, my office has were allowed to occur, and I have just plan will cut benefits by 45 percent or been flooded with letters about Social a couple of letters on that point too more for seniors. The Bush plan will re- Security and what it has meant to peo- that I wish to share. duce benefits for all seniors, even those ple across this country by many people Jack from Fort Atkinson, Wisconsin, who choose not to invest in private ac- in my district in the St. Louis area of writes me, ‘‘Tammy, thanks for your counts. I am too old to build up a sub- Missouri. I have received in my office hard work to keep the promise of So- stantial plan and account. Have we not alone over 1,000 letters from people cial Security. This privatization plan is been traumatized enough under this concerned about these privatization about the dumbest thing that Bush has man? I do not want you to vote on this schemes that have been talked about in come up with besides the war in Iraq. plan or make such a drastic change to Washington. I scheduled, based on We have a privatization deal now via the system. If the politicians put a those meetings, two town hall meet- IRAs, and let me tell you, my wife and lock on it, like Mr. Gore wanted to, we ings. Each one had over 200 people that I lost over half of our investment in most likely would not be in this situa- attended. our IRA accounts after 2000. The only tion. Mr. Bush should stop spending b 2145 people that will make money in this the money. We have the money for Iraq deal are the brokers.’’ but not for our seniors in this country. It was not just seniors. We had people I am asking you, please, not to vote for there that were baby-boomers and my Another one here, Cheryl, from Madi- son, writes, ‘‘I have deep concerns with this. generation. We had young people there. She, like so many others we have We had people that were not just retir- President Bush’s proposal. By privatizing a portion of Social Secu- heard tonight, I think speaks to what ees, but people who had been survivors is their concern. Some of our col- rity, you have added an element of and people who had disabilities. They leagues on the other side have said risk. Some people may come out ahead, all had been beneficiaries in some way that these are fear tactics. Hardly. from this vital American program. others may not. The safety net is gone. Grace Vignean again points out that We talked about what it has meant For many people Social Security will we were a strong generation that per- to our country, to their families. We only be a small part of their retire- severed through the Great Depression, also talked about the success of the ment. These people can invest their a Second World War, the Korean and program, how it has been studied and disposable income in the many options Vietnam Wars. We raised families, re- mentioned as one of the most efficient available, IRAs, 401(k)s, et cetera. built these countries. We do not scare programs in our government’s history, Those that are not as well off and are easy. What we want is the truth. What only having 1.5 percent overhead. So it not able to put much away on their we need, I think, is for all of us to is a great model to look at in terms of own should be able to count on a come together with an understanding, efficiency and delivering vital services known amount from Social Security.’’ and it is my sincere hope that our col- Before continuing, I would like to to our country. leagues on the other side of the aisle yield to the gentleman from Con- People are very concerned about are listening, as well as the President. their Social Security, the real bedrock necticut (Mr. LARSON ), my colleague, President Roosevelt said it best. He foundation of their retirement security who is a member of the Committee on said he was concerned that they had being subjected to benefit cuts, being Ways and Means and has really tackled become frozen in the ice of their own subjected to broker fees, being sub- this threat to Social Security with indifference. Frozen in the ice of their jected to the risk of the stock market. great vigor, and I appreciate his orga- own indifference towards collapsing One of my constituents in particular nizing this evening’s Special Order pensions and shriveled up savings that, stood up and shared her own personal with me. for the most part, have to go for the story. She knew too well the potential Mr. LARSON of Connecticut. Madam care of your health. Indifference to the risk of depending on the stock market Speaker, I thank the gentlewoman 45 million people in this country that for a guaranteed source of income. She from Wisconsin again for her diligence are uninsured, indifference to the was a 70-year-old grandmother from and hard work in this effort and deeply women and minorities whose drops off Arnold, Missouri, and she shared her appreciate the opportunity to be here in benefits will be so dramatic. story in front of about 200 people. this evening. That is why the voices of these citi- In 1999, a stockbroker had encour- I honestly believe that Congress zens need to be heard and why this aged her to transfer $155,000 from a ma- should do more of this. I hope that peo- Congress needs to act in a responsible ture CD and invest it with the broker’s ple all across this country are listening and bipartisan manner in order to con- local firm. The broker put her money to these heartfelt responses from our tinue to strengthen and preserve the into an aggressive investment account constituents, and in so many ways, most successful social program and that, at her age, would not have been they are often more eloquent than any governmental program in the history highly advised. Her investments now Member of the United States Congress of this country. were worth only $85,000. She says that because their needs and concerns are so Again, I thank the gentlewoman for if it were not for her monthly Social heartfelt and real, and this is what I providing us the opportunity to discuss Security checks she and her husband think makes this such a special these letters and the concern of our would be under great financial strain. evening for this Special Order. constituents. For people like her, privatization I would just like to read one more Ms. BALDWIN. Madam Speaker, the would be a disaster. letter that I have, with the gentle- gentleman from Connecticut (Mr. Social Security beneficiaries, includ- woman’s permission, and this is from a LARSON) mentioned the fear tactics ing survivors, children and those who woman in Newington in my district that are being used.

VerDate Aug 04 2004 04:52 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.066 H08PT1 March 8, 2005 CONGRESSIONAL RECORD — HOUSE H1021 The President, in advocating for his know what, a majority of the elderly sider what Social Security means to privatization, has made the case or at- lived below the poverty line. That is Americans. It is not an arbitrary gov- tempted to that Social Security faces why we have Social Security. It is a ernment program. Social Security is a an impending crisis, and I just want to program that is, I think, one of the support system, it is an insurance pro- let the administration know I think most successful we have had in Amer- gram, and, in many instances, Social the American public sees through this ica. Security is the difference between a fear tactic, this scare tactic. Let me just finish by saying we have comfortable life and a life of poverty. I just want to read one quick letter had testimonials from so many of our We must do all that we can to protect on that point from Robert from Madi- constituents. Let me give a personal this vital safety net, this lifeline. son in my district. As he writes, ‘‘Bush one. has in recent weeks been repeatedly in- My father died when I was six, with- f flating the significance of 2018 and 2042, out insurance, without a pension. My especially the early date, so as to sister and mother and I received Social REPORT ON RESOLUTION PRO- imply that Social Security is in immi- Security survivor benefits. She was VIDING FOR CONSIDERATION OF nent danger of bankruptcy and must be teaching at a junior college on a small H.R. 3, TRANSPORTATION EQUITY overhauled very soon. The sheer ur- teacher’s salary. That made an enor- ACT: A LEGACY FOR USERS mous difference. gency of Bush’s tone is unsettlingly Mrs. CAPITO (during the Special consistent with his demonstrated tend- When I talk about Pat from Lincroft who said Social Security for her broth- Order of Ms. BALDWIN), from the Com- ency to conjure up a crisis where none mittee on Rules, submitted a privi- exists, as he did during the run-up to er’s children brought dignity, whereas when her father had died before Social leged report (Rept. No. 109–14) on the the war with Iraq. resolution (H. Res. 140) providing for ‘‘The overblown nature of Bush’s Security came into place, they had to live as charity cases, I know what she consideration of the bill (H.R. 3) to au- alarms over Social Security is re- thorize funds for Federal-aid highways, flected in the Social Security trustee’s is talking about. Social Security binds this country highway safety programs, and transit estimate that, even if nothing drastic programs, and for other purposes, is done between now and 2042, Social together in a way that no other program that has come out of this body which was referred to the House Cal- Security will still be able to pay retir- endar and ordered to be printed. ees’’ almost 75 percent ‘‘of the prom- has, and we should not throw it out just because of some ideological whim ised amount’’ and ‘‘this timeline hard- f ly suggests any crisis that necessitates which is what is happening right now. That is why the country is so upset, pounding away at a need to overhaul LEAVE OF ABSENCE Social Security’’ or dismantle it why we are getting so much mail. Mr. LARSON of Connecticut. Madam By unanimous consent, leave of ab- ‘‘now.’’ Speaker, if the gentlewoman would I would like to yield to the gen- sence was granted to: yield, on that point, we heard the gen- Ms. CARSON (at the request of Ms. tleman from New Jersey (Mr. HOLT), tleman from Michigan (Mr. LEVIN) dis- PELOSI) for today on account of med- my colleague. Mr. HOLT. Madam Speaker, the gen- cuss that earlier, that even the Presi- ical reasons. Ms. HERSETH (at the request of Ms. tlewoman from Wisconsin raises this dent’s so-called privatization plan does PELOSI) for today and March 9 on ac- approach of fear tactics, and of course, nothing to close the gap or the short- count of a death in the family. it leads to the question, well, why? falls that potentially exist in Social Mr. STUPAK (at the request of Ms. Why does the President, why do some Security if we do not act on a bipar- PELOSI) for today and the balance of of our colleagues, why are people try- tisan basis. So to the gentleman’s point, this is the week on account of medical rea- ing to change this program that our all about ideology and politics and not sons. constituents tell us over and over substantively about doing what is in Mr. LEACH (at the request of Mr. again has meant the difference between the best interest of the American pub- DELAY) for today on account of illness dignity and destitution for them? Why lic. I think that is what has citizens so in the family. do they want to change a program that outraged, that this seems to be from Mr. RAMSTAD (at the request of Mr. works so well? the very get-go, from whether you go DELAY) for today on account of com- The spokesman from the White back to Hoover and Landon and Fried- plications from eye surgery. House and the President himself have man and Stockman, who said we must Mr. TIBERI (at the request of Mr. said that privatization is not likely to starve the beast, that beast being So- DELAY) for March 9 until 5:30 p.m. on help the finances of Social Security, cial Security, that is what has Amer- account of his traveling to his district but then they have gone on to say, ican citizens outraged at this proposal. with the President. well, even if it does not, it is the right That is what has them writing thou- thing to do. Then we have these young- sands of letters to each and every one f sters at some of the President’s road of us because of their deep-seated con- shows around the country chanting, cern of where this administration is SPECIAL ORDERS GRANTED ‘‘Hey, hey, ho, ho, Social Security has taking us, to a ‘‘me’’ society versus By unanimous consent, permission to got to go.’’ address the House, following the legis- We begin to understand what this is ‘‘us.’’ The gentleman said it very elo- lative program and any special orders about. It is to overturn a program that quently and passionately, and again, I heretofore entered, was granted to: they find ideologically unacceptable. (The following Members (at the re- Leslie from Milltown, New Jersey, want to thank the gentlewoman for ar- quest of Mrs. CAPPS) to revise and ex- says, I think we have evidence that the ranging this dialogue and these letters tend their remarks and include extra- motivation of these politicians for pro- which I hope we continue to come to neous material:) posing individualized private accounts the floor and discuss. Mr. DEFAZIO, for 5 minutes, today. is driven by ideology, not by a real con- b 2200 Ms. WOOLSEY, for 5 minutes, today. cern for strengthening and preserving Ms. BALDWIN. Madam Speaker, I Mr. EMANUEL, for 5 minutes, today. Social Security. thank the gentleman for his comments, Mr. PALLONE, for 5 minutes, today. That ideology I think is best summed and I would like to thank all of my col- Mr. BROWN of Ohio, for 5 minutes, up with the phrase, you are on your leagues who joined me here tonight in today. own. You are on your own and you will giving voice to these very real, very Mrs. MCCARTHY, for 5 minutes, today. do well in the market. You are smarter human stories. These are real letters Mr. KIND, for 5 minutes, today. than the market and you will be fine. from real people, and privatization Ms. CORRINE BROWN of Florida, for 5 Let me tell my colleagues, my con- would have a real and ultimately nega- minutes, today. stituents say over and over again, we tive effect on their lives. Mrs. MALONEY, for 5 minutes, today. have tried private accounts. Before 1935 I know that those who seek to dis- (The following Members (at the re- you were entitled to invest as much as mantle the Social Security System quest of Mr. DAVIS of Kentucky) to re- you wanted in private accounts to pre- must receive similar letters, and I sin- vise and extend their remarks and in- pare for your retirement, and you cerely hope that they pause and conclude extraneous material:)

VerDate Aug 04 2004 05:49 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.068 H08PT1 H1022 CONGRESSIONAL RECORD — HOUSE March 8, 2005 Mr. JONES of North Carolina, for 5 [RM-10024] Amendment of Section 2.106 of ant to 5 U.S.C. 801(a)(1)(A); to the Committee minutes, March 9. the Rules to the Committee on Energy and on Transportation and Infrastructure. Mr. BURTON of Indiana, for 5 minutes, Commerce. 1112. A letter from the Director, Regula- 1102. A letter from the Director, Office of today and March 9 and 10. tions Management, Office of Regulations Surface Mining, Department of the Interior, Policy and Management, Department of Vet- Mr. DREIER, for 5 minutes, today and transmitting the Department’s final rule— erans Affairs, transmitting the Department’s March 9. Montana Regulatory Program [MT-024-FOR] final rule—Payment for Non-VA Physician Mr. GUTKNECHT, for 5 minutes, today received February 10, 2005, pursuant to 5 and Other Health Care Professional Services and March 9 and 10. U.S.C. 801(a)(1)(A); to the Committee on Re- Associated with Either Outpatient or Inpa- Mr. POE, for 5 minutes, today. sources. tient Care Provided at Non-VA Facilities Mr. BURGESS, for 5 minutes, today 1103. A letter from the Deputy Director of (RIN: 2900-AK94) received February 2, 2005, and March 9. Budget, Department of the Interior, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule—Pay- mittee on Veterans’ Affairs. Mr. MORAN of Kansas, for 5 minutes, ment in Lieu of Taxes (RIN: 1093-AA09) re- 1113. A letter from the Chief, Regulations March 9. ceived February 15, 2005, pursuant to 5 U.S.C. Management, Office of Regulations Policy Mr. WELDON of Florida, for 5 minutes, 801(a)(1)(A); to the Committee on Resources. and Management, Department of Veterans today. 1104. A letter from the Director, Office of Affairs, transmitting the Department’s final Mr. CONAWAY, for 5 minutes, March Sustainable Fisheries, NMFS, National Oce- rule—Board of Veterans’ Appeals: Appeals 10. anic and Atmospheric Administration, trans- Regulations, Rules of Practice; Delegations mitting the Administration’s final rule— Mr. MICA, for 5 minutes, today. of Authority (RIN: 2900-AL96) received Feb- Fisheries of the Exclusive Economic Zone ruary 24, 2005, pursuant to 5 U.S.C. f Off Alaska; Atka Mackerel Lottery in Areas 801(a)(1)(A); to the Committee on Veterans’ 542 and 543 [Docket No. 041202338-4338-01; I.D. ADJOURNMENT Affairs. 011305B] received February 24, 2005, pursuant 1114. A letter from the Acting Chief, Publi- Mr. LARSON of Connecticut. Madam to 5 U.S.C. 801(a)(1)(A); to the Committee on cations and Regulations Br., Internal Rev- Speaker, I move that the House do now Resources. enue Service, transmitting the Service’s 1105. A letter from the Director, Office of adjourn. final rule—Uniform Capitalization of Inter- Sustainable Fisheries, NMFS, National Oce- est Expense in Safe Harbor and Leaseback The motion was agreed to; accord- anic and Atmospheric Administration, trans- ingly (at 10 o’clock and 3 minutes Transactions [TD 9179] (RIN: 1545-BB62) re- mitting the Administration’s final rule— ceived February 28, 2005, pursuant to 5 U.S.C. p.m.), the House adjourned until to- Fisheries of the Exclusive Economic Zone 801(a)(1)(A); to the Committee on Ways and morrow, Wednesday, March 9, 2005, at Off Alaska; Atka Mackerel in the Bering Sea Means. 10 a.m. and Aleutian Islands Management Area 1115. A letter from the Acting Chief, Publi- [Docket No. 041202338-4338-01; I.D. 011305A] re- f cations and Regulations Br., Internal Rev- ceived February 24, 2005, pursuant to 5 U.S.C. enue Service, transmitting the Service’s EXECUTIVE COMMUNICATIONS, 801(a)(1)(A); to the Committee on Resources. final rule—Real Estate Mortgage Investment 1106. A letter from the Acting Director, Of- ETC. Conduits [TD 9184] (RIN: 1545-BC71) received fice of Sustainable Fisheries, NMFS, Na- February 28, 2005, pursuant to 5 U.S.C. Under clause 8 of rule XII, executive tional Oceanic and Atmospheric Administra- 801(a)(1)(A); to the Committee on Ways and communications were taken from the tion, transmitting the Administration’s final Means. Speaker’s table and referred as follows: rule—Fisheries of the Caribbean, Gulf of 1116. A letter from the Acting Chief, Publi- Mexico, and South Atlantic; Coastal Migra- 1098. A letter from the Executive Director, cations and Regulations Br., Internal Rev- tory Pelagic Resources of the Gulf of Mexico enue Service, transmitting the Service’s Commodity Futures Trading Commission, and South Atlantic; Closure [Docket No. transmitting the Commission’s final rule— final rule—Qualified Interests [TD 9181] 001005281-0369-02; I.D. 012105B] received Feb- (RIN: 1545-BB72) received February 28, 2005, Rules Relating to Review of National Fu- ruary 14, 2005, pursuant to 5 U.S.C. tures Association Decisions in Disciplinary, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Resources. mittee on Ways and Means. Membership Denial, Registration and Mem- 1107. A letter from the Paralegal Spe- 1117. A letter from the Chair of the Board ber Responsibility Actions (RIN: 3038-AC12) cialist, FAA, Department of Transportation, of Directors, Office of Compliance, transmit- received February 28, 2005, pursuant to 5 transmitting the Department’s final rule— ting notice of adoption of substantive regula- U.S.C. 801(a)(1)(A); to the Committee on Ag- Airworthiness Directives; Airbus Model A320 tions under Section 304(b)(3) of the Congres- riculture. Airplanes [Docket No. FAA-2004-18773; Direc- sional Accountability Act of 1995 for publica- 1099. A letter from the Assistant Chief, torate Identifier 2002-NM-312-AD; Amend- tion in the Congressional Record, pursuant WCB/TAPD, Federal Communication Com- ment 39-13889; AD 2004-25-02] (RIN: 2120-AA64) to 2 U.S.C. 1384(b)(3); jointly to the Commit- mission, transmitting the Commission’s received March 3, 2005, pursuant to 5 U.S.C. tees on House Administration and Education final rule—Rural Health Care Support Mech- 801(a)(1)(A); to the Committee on Transpor- and the Workforce. anism [WC Docket No. 02-60] received Feb- tation and Infrastructure. ruary 9, 2005, pursuant to 5 U.S.C. 1108. A letter from the Program Analyst, f 801(a)(1)(A); to the Committee on Energy and FAA, Department of Transportation, trans- Commerce. mitting the Department’s final rule—Modi- REPORTS OF COMMITTEES ON 1100. A letter from the Legal Advisor to the fication of Class E Airspace; Warrensburg, Bureau Chief, Media Bureau, Federal Com- MO. [Docket No. FAA-2004-19333; Airspace PUBLIC BILLS AND RESOLUTIONS munications Commission, transmitting the Docket No. 04-ACE-62] received March 3, 2005, Under clause 2 of rule XIII, reports of Commission’s final rule—Amendment of Sec- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- committees were delivered to the Clerk tion 73.202(b) Table of Allotments, FM Broad- mittee on Transportation and Infrastruc- for printing and reference to the proper cast Stations. (Grayville, Illinois) [MB Dock- ture. et No. 04-368; RM-11067] (Alamogordo, New 1109. A letter from the Program Analyst, calendar, as follows: Mexico) [MB Docket No. 04-369; RM-11068] re- FAA, Department of Transportation, trans- Mr. YOUNG of Alaska: Committee on ceived February 9, 2005, pursuant to 5 U.S.C. mitting the Department’s final rule—Modi- Transportation and Infrastructure. Supple- 801(a)(1)(A); to the Committee on Energy and fication of Class E Airspace; Lexington, MO. mental report on H.R. 3. A bill to authorize Commerce. [Docket No. FAA-2004-19575; Airspace Docket funds for Federal-aid highways, highway 1101. A letter from the Legal Advisor, No. 04-ACE-65] received March 3, 2005, pursu- safety programs, and transit programs, and WTB, Federal Communications Commission, ant to 5 U.S.C. 801(a)(1)(A); to the Committee for other purposes (Rept. 109–12 Pt. 2). transmitting the Commission’s final rule— on Transportation and Infrastructure. Mr. THOMAS: Committee on Ways and Improving Public Safety Communications in 1110. A letter from the Program Analyst, Means. H.R. 996. A bill to amend the Internal the 800 MHz Band [Dkt.02-55] Consolidating FAA, Department of Transportation, trans- Revenue Code of 1986 to provide for the ex- the 800 and 900 MHz Industrial /Land Trans- mitting the Department’s final rule—Modi- tension of highway-related taxes and trust portation and Business Pool Channels; fication of Class E Airspace; Fremont, NE. funds, and for other purposes; with an Amendment of Part 2 of the Rules to Allo- [Docket No. FAA-2004-18818; Airspace Docket amendment (Rept. 109–13). Referred to the cate Spectrum Below 3 GHz for Mobile and No. 04-ACE-44] received March 3, 2005, pursu- Committee of the Whole House on the State Fixed Services to Support the Introduction ant to 5 U.S.C. 801(a)(1)(A); to the Committee of the Union. of New Advanced Wireless Services [Dkt.00- on Transportation and Infrastructure. Mrs. CAPITO: Committee on Rules. House 258] Petition for Rule Making of the Wireless 1111. A letter from the Program Analyst, Resolution 140. Resolution providing for con- Information Networks Forum Concerning FAA, Department of Transportation, trans- sideration of the bill (H.R. 3) to authorize the Unlicensed Personal Communications mitting the Department’s final rule—Modi- funds for Federal-aid highways, highway Service [RM-9498] Petition for Rule Making fication of Class E Airspace; Burwell, NE. safety programs, and transit programs, and of UT Starcom, Inc. Concerning the Unli- [Docket No. FAA-2004-18823; Airspace Docket for other purposes (Rept. 109–14). Referred to censed Personal Communications Service No. 04-ACE-49] received March 3, 2005, pursu- the House Calendar.

VerDate Aug 04 2004 05:49 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.072 H08PT1 March 8, 2005 CONGRESSIONAL RECORD — HOUSE H1023 PUBLIC BILLS AND RESOLUTIONS as a result of certain injuries; to the Com- By Ms. DELAURO (for herself, Mr. INS- Under clause 2 of rule XII, public mittee on the Judiciary. LEE, Mr. WAXMAN, Mr. VAN HOLLEN, By Ms. BORDALLO (for herself, Mr. Mr. PALLONE, Mr. WEINER, Ms. LEE, bills and resolutions were introduced FALEOMAVAEGA, and Mrs. Mr. ISRAEL, Mr. NEAL of Massachu- and severally referred, as follows: CHRISTENSEN): setts, Mr. MARKEY, Ms. SOLIS, Mr. By Mr. NUSSLE: H.R. 1148. A bill to amend the Small Busi- FARR, Mr. KILDEE, Mr. BOUCHER, Mr. H.R. 1140. A bill to amend the Internal Rev- ness Act to designate Guam, the Virgin Is- MCDERMOTT, Mr. CASE, Mr. SERRANO, enue Code of 1986 to permit financial institu- lands, American Samoa, and the Common- Mr. KUCINICH, Ms. MCCOLLUM of Min- tions to determine their interest expense de- wealth of the Northern Mariana Islands as nesota, Mrs. MALONEY, Mr. HINCHEY, duction without regard to tax-exempt bonds historically underutilized business zones Mr. OLVER, Mr. HONDA, Mr. LYNCH, issued to provide certain small loans for (HUBZones); to the Committee on Small Mr. ACKERMAN, Mr. FRANK of Massa- health care or educational purposes; to the Business. chusetts, Mr. SABO, Mrs. LOWEY, Mr. Committee on Ways and Means. By Ms. GINNY BROWN-WAITE of Flor- BLUMENAUER, Mr. BROWN of Ohio, Mr. By Ms. ROS-LEHTINEN (for herself, ida: COOPER, Mr. DEFAZIO, Mr. GRIJALVA, Mr. ENGEL, Mr. CHABOT, Mr. MACK, H.R. 1149. A bill to direct the Secretary of Mr. ROTHMAN, Mr. MCNULTY, Mr. Mrs. JO ANN DAVIS of Virginia, Mr. Veterans Affairs to conduct a study of the OWENS, Mr. MICHAUD, Mr. WEXLER, BOOZMAN, and Ms. BERKLEY): accuracy of expiration dates on certain pre- Mr. CUMMINGS, Mr. EVANS, Mr. SHER- H.R. 1141. A bill to strengthen sanctions scription drugs maintained by the Depart- MAN, Mrs. DAVIS of California, Mr. against the Government of Syria, to estab- ment of Veterans Affairs; to the Committee BERMAN, Mr. DAVIS of Illinois, Mrs. lish a program to support a transition to a on Veterans’ Affairs. JONES of Ohio, Mrs. JOHNSON of Con- democratically elected government in Syria By Ms. GINNY BROWN-WAITE of Flor- necticut, Mr. DOYLE, Mr. COSTELLO, and the restoration of sovereignty and demo- ida: Mr. BAIRD, Mr. BUTTERFIELD, Mr. cratic rule in Lebanon, and for other pur- H.R. 1150. A bill to amend the Internal Rev- LANGEVIN, Mr. DOGGETT, Mrs. CAPPS, poses; to the Committee on International enue Code of 1986 to provide a credit to indi- Mr. UDALL of Colorado, Mr. CLAY, Relations, and in addition to the Committees viduals for certain long-term care expenses; Mrs. TAUSCHER, Mr. GUTIERREZ, Mr. on Financial Services, Ways and Means, and to the Committee on Ways and Means. WU, Mr. RANGEL, Mr. MORAN of Vir- Government Reform, for a period to be sub- By Mr. WELDON of Florida (for him- ginia, Mr. GEORGE MILLER of Cali- sequently determined by the Speaker, in self, Mr. STUPAK, Mr. TAYLOR of Mis- fornia, Ms. MILLENDER-MCDONALD, each case for consideration of such provi- sissippi, Mr. ORTIZ, Mr. RAHALL, Mr. Mr. ANDREWS, Mr. HOLT, Mrs. MCCAR- sions as fall within the jurisdiction of the MOLLOHAN, Mr. HOLDEN, Mr. LIPINSKI, THY, Mr. RUSH, Mr. MOORE of Kansas, committee concerned. Mr. MCINTYRE, Mr. PENCE, Mr. Mr. MCGOVERN, Mrs. NAPOLITANO, Mr. By Mr. FOLEY (for himself, Mr. ADERHOLT, Mr. HERGER, Mr. AKIN, ALLEN, Mr. RYAN of Ohio, Ms. BALD- CRAMER, Mr. DAVIS of Kentucky, Mrs. Mr. SAM JOHNSON of Texas, Mrs. WIN, Mr. CONYERS, Mr. NADLER, Mr. MCCARTHY, Mr. MCNULTY, Mr. MYRICK, Mr. FEENEY, Ms. HART, Mr. SANDERS, and Mr. PAYNE): FORBES, Mr. PAYNE, Mr. GENE GREEN GARRETT of New Jersey, Ms. FOXX, H.R. 1155. A bill to provide additional proof Texas, Mr. SIMMONS, Mr. CANNON, Mr. BARTLETT of Maryland, Mr. tections for National Forest System lands in and Mr. CALVERT): PITTS, Mr. HOSTETTLER, Mrs. Alaska through the designation of wilderness H.R. 1142. A bill to protect children from MUSGRAVE, Mr. BARRETT of South areas, wilderness study areas, Land Use Des- exploitive child modeling, and for other pur- Carolina, Mr. RYUN of Kansas, Mr. ignation II management areas, restoration poses; to the Committee on Education and ISTOOK, Mr. CHOCOLA, Mr. SODREL, areas, special management areas, and addi- the Workforce, and in addition to the Com- Mr. SHADEGG, Mr. CANTOR, Mr. COX, tional components of the national wild and mittee on the Judiciary, for a period to be Mr. TANCREDO, Mr. DOOLITTLE, Mr. scenic rivers system; to the Committee on subsequently determined by the Speaker, in SULLIVAN, Mr. GUTKNECHT, Mr. Resources. each case for consideration of such provi- MCHENRY, Mr. SMITH of New Jersey, By Mr. GILLMOR (for himself and Mr. sions as fall within the jurisdiction of the Mr. KING of Iowa, Mr. MILLER of Flor- GALLEGLY): committee concerned. ida, Mr. CHABOT, Mr. MCCOTTER, Mr. H.R. 1156. A bill to amend title II of the By Mr. WEINER (for himself, Ms. KENNEDY of Minnesota, Mr. BILI- Higher Education Act of 1965 to increase teacher familiarity with the educational GINNY BROWN-WAITE of Florida, Mr. RAKIS, Mr. SOUDER, Mr. FRANKS of Ar- needs of gifted and talented students, and for BURTON of Indiana, Mr. CARDOZA, Mr. izona, Mr. WESTMORELAND, Mr. INGLIS other purposes; to the Committee on Edu- CROWLEY, Mr. MCNULTY, and Mr. of South Carolina, Mr. RENZI, Mr. cation and the Workforce. OTTER): GREEN of Wisconsin, Mr. MICA, Mr. By Mr. SANDERS (for himself, Mr. H.R. 1143. A bill to prohibit United States LINCOLN DIAZ-BALART of Florida, OTTER, Ms. JACKSON-LEE of Texas, assistance for the Palestinian Authority and Mrs. JO ANN DAVIS of Virginia, Mr. Mr. UDALL of New Mexico, Ms. WOOL- for programs, projects, and activities in the CRENSHAW, Mr. KELLER, Mr. MARIO SEY, Mr. VAN HOLLEN, Mr. HOLT, Ms. West Bank and Gaza, unless certain condi- DIAZ-BALART of Florida, Mr. WATSON, Ms. LEE, Mr. INSLEE, Mr. tions are met; to the Committee on Inter- STEARNS, Mr. WILSON of South Caro- FARR, Mr. MEEHAN, Mrs. MALONEY, national Relations. lina, Mr. HYDE, Mr. BLUNT, Mrs. Mr. MORAN of Virginia, Mr. By Mr. ALLEN: BLACKBURN, Mr. FITZPATRICK of DELAHUNT, Mr. OLVER, Mr. ABER- H.R. 1144. A bill to continue State coverage Pennsylvania, Mr. DAVIS of Ken- CROMBIE, Mr. MOORE of Kansas, Mr. of Medicaid prescription drug coverage to tucky, and Mr. PLATTS): Medicare dual eligible beneficiaries for 6 H.R. 1151. A bill to amend title 28, United BLUMENAUER, Mrs. LOWEY, Mr. MAR- months while still allowing the Medicare States Code, to provide the protections of KEY, Mr. KIND, Mr. SERRANO, Mr. part D benefit to be implemented as sched- habeas corpus for certain incapacitated indi- MCDERMOTT, Mr. OWENS, Mr. BROWN uled; to the Committee on Energy and Com- viduals whose life is in jeopardy, and for of Ohio, Mr. GRIJALVA, Mr. GENE merce, and in addition to the Committee on other purposes; to the Committee on the Ju- GREEN of Texas, Mr. COSTELLO, Mr. Ways and Means, for a period to be subse- diciary. HINCHEY, Mr. FILNER, Ms. quently determined by the Speaker, in each By Mr. CALVERT (for himself, Mr. SCHAKOWSKY, Mr. NEAL of Massachu- case for consideration of such provisions as DINGELL, Mr. LEWIS of California, Mr. setts, Ms. WATERS, Ms. MCCOLLUM of fall within the jurisdiction of the committee YOUNG of Alaska, Mr. THOMAS, Mr. Minnesota, Mr. FRANK of Massachu- concerned. HUNTER, Mr. CUNNINGHAM, Mrs. BONO, setts, Ms. SLAUGHTER, Mr. PAUL, Ms. By Mr. BACA (for himself, Mr. WOLF, Mr. NUNES, and Mr. DREIER): BALDWIN, Mr. WEXLER, Mr. STARK, Mr. DEFAZIO, Mrs. NAPOLITANO, Mr. H.R. 1152. A bill to redesignate the dam lo- Mr. UDALL of Colorado, Ms. SOLIS, SPRATT, Mr. FORD, Mr. MORAN of Vir- cated on the Santa Ana River as the ‘‘Victor Mr. MCNULTY, Ms. DELAURO, Ms. ZOE ginia, Mr. CARDOZA, Mr. PAYNE, Mr. V. Veysey Dam’’; to the Committee on LOFGREN of California, Mr. CAPUANO, BERRY, and Mr. HINOJOSA): Transportation and Infrastructure. Mr. CLAY, Ms. ESHOO, Mr. CONYERS, H.R. 1145. A bill to require the Federal By Mr. CAPUANO (for himself, Mr. Ms. CARSON, Mr. KUCINICH, Mr. Trade Commission to study the rating sys- ISRAEL, Mr. FRANK of Massachusetts, ALLEN, Mr. LANTOS, Mr. PRICE of tem of the video game industry and assess Mr. KANJORSKI, and Mr. CROWLEY): North Carolina, Mr. WAXMAN, Mr. their labeling practices to determine if such H.R. 1153. A bill to extend the terrorism in- LARSON of Connecticut, Mrs. practices are unfair or deceptive; to the surance program of the Department of the TAUSCHER, Mr. ENGEL, Mr. DOGGETT, Committee on Energy and Commerce. Treasury; to the Committee on Financial Mr. PALLONE, Mrs. CAPPS, Mr. DAVIS By Mr. PAUL: Services. of Illinois, Mr. BOUCHER, Mr. H.R. 1146. A bill to end membership of the By Mrs. CUBIN: ETHERIDGE, Mr. WYNN, Mrs. DAVIS of United States in the United Nations; to the H.R. 1154. A bill to provide for the reten- California, Mr. HONDA, Mr. GUTIER- Committee on International Relations. tion of the name of the geologic formation REZ, Mr. DEFAZIO, Mr. LARSEN of By Mr. BACA: known as ‘‘Devils Tower’’ at the Devils Washington, Mr. PETERSON of Min- H.R. 1147. A bill to provide benefits to pub- Tower National Monument in the State of nesota, Mr. PAYNE, Mr. PASTOR, Mr. lic safety officers who die or become disabled Wyoming; to the Committee on Resources. SABO, Mr. TAYLOR of Mississippi, Mr.

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STUPAK, Mrs. JONES of Ohio, Mr. KEN- Colorado, Mrs. CAPITO, Mr. GON- By Mr. SHIMKUS (for himself, Mr. NEDY of Rhode Island, Mr. ROTHMAN, ZALEZ, and Mr. NEY): JACKSON of Illinois, and Mr. BILI- Ms. NORTON, Mr. BRADY of Pennsyl- H.R. 1165. A bill to amend the Internal Rev- RAKIS): vania, Mr. PASCRELL, Mrs. MCCAR- enue Code of 1986 to allow a credit against H.R. 1175. A bill to amend the Public THY, Mr. RUSH, Mr. YOUNG of Alaska, income tax to holders of bonds issued to fi- Health Service Act with respect to the short- Mr. CASE, Mr. JACKSON of Illinois, nance land and water reclamation of aban- age of medical laboratory personnel; to the Mr. CLYBURN, Ms. LINDA T. SA´ NCHEZ doned mine land areas; to the Committee on Committee on Energy and Commerce. of California, Mr. DINGELL, Mr. DAVIS Ways and Means. By Mr. SOUDER (for himself and Mr. of Florida, Mr. BISHOP of New York, By Ms. KAPTUR: CANTOR): Mr. OBERSTAR, Mr. CUMMINGS, Mr. H.R. 1166. A bill to amend title XVIII of the H.R. 1176. A bill to provide immunity for WEINER, Mr. HASTINGS of Florida, Mr. Social Security Act to improve the quality nonprofit athletic organizations in lawsuits MCGOVERN, Mr. GEORGE MILLER of of care in skilled nursing facilities under the arising from claims of ordinary negligence California, Mr. VISCLOSKY, Mr. Medicare Program through development of relating to the passage, adoption, or failure TIERNEY, Mr. NADLER, Mr. ISRAEL, quality measures and changes in reimburse- to adopt rules of play for athletic competi- Mr. EMANUEL, Mr. JEFFERSON, Mr. ment; to the Committee on Ways and Means, tions and practices; to the Committee on the KILDEE, Ms. EDDIE BERNICE JOHNSON and in addition to the Committee on Energy Judiciary. of Texas, and Ms. KAPTUR): and Commerce, for a period to be subse- By Mr. TERRY: H.R. 1157. A bill to amend the Foreign In- quently determined by the Speaker, in each H.R. 1177. A bill to amend the account- telligence Surveillance Act to exempt bookcase for consideration of such provisions as ability provisions of part A of title I of the stores and libraries from orders requiring the fall within the jurisdiction of the committee Elementary and Secondary Education Act of production of any tangible things for certain concerned. 1965, and for other purposes; to the Com- foreign intelligence investigations, and for By Mrs. KELLY: mittee on Education and the Workforce. other purposes; to the Committee on the Ju- H.R. 1167. A bill to amend the Truth in By Mr. THOMAS (for himself, Mr. diciary, and in addition to the Committee on Regulating Act to make permanent the pilot NUNES, Mr. DANIEL E. LUNGREN of Intelligence (Permanent Select), for a period project for the report on rules; to the Com- California, Mr. RADANOVICH, Mr. to be subsequently determined by the Speak- mittee on Government Reform. HERGER, Mr. POMBO, Mr. DOOLITTLE, er, in each case for consideration of such pro- By Mr. KING of New York (for himself Mr. CARDOZA, and Mr. COSTA): visions as fall within the jurisdiction of the H.R. 1178. A bill to create 4 new permanent and Mr. CONYERS): committee concerned. judgeships for the eastern district of Cali- H.R. 1168. A bill to ensure that the national By Ms. HART (for herself and Mr. LI- fornia; to the Committee on the Judiciary. instant criminal background check system PINSKI): By Mr. HOEKSTRA: H.R. 1158. A bill to reauthorize the Steel provides the Federal Bureau of Investigation H. Res. 138. A resolution providing and Aluminum Energy Conservation and with information on approved firearms amounts for the expenses of the Committee Technology Competitiveness Act of 1988; to transfers to persons named in the Violent on Intelligence in the One Hundred Ninth the Committee on Science. Gang and Terrorist Organization File; to the Congress; to the Committee on House Ad- By Mr. HEFLEY: Committee on the Judiciary. ministration. H.R. 1159. A bill to direct the Secretary of By Mr. LARSON of Connecticut (for By Mr. GINGREY: Veterans Affairs to establish a national cem- himself, Mr. ABERCROMBIE, and Mr. H. Res. 139. A resolution electing a certain etery for veterans in the Colorado Springs, TAYLOR of Mississippi): Member to a certain standing committee of Colorado, metropolitan area; to the Com- H.R. 1169. A bill to enhance the benefits the House of Representatives; considered and mittee on Veterans’ Affairs, and in addition and protections for members of the reserve agreed to. to the Committee on Ways and Means, for a components of the Armed Forces who are By Mr. HUNTER: period to be subsequently determined by the called or ordered to extended active duty, H. Res. 141. A resolution honoring the life Speaker, in each case for consideration of and for other purposes; to the Committee on of Enrique ‘‘Kiki’’ Camarena; to the Com- such provisions as fall within the jurisdic- Armed Services, and in addition to the Com- mittee on the Judiciary. tion of the committee concerned. mittees on Energy and Commerce, Education By Ms. SCHAKOWSKY (for herself, Mr. By Mr. HERGER: and the Workforce, and Ways and Means, for KIRK, Mr. SHERMAN, Mr. HASTINGS of H.R. 1160. A bill to reauthorize the Tem- a period to be subsequently determined by Florida, Mr. VAN HOLLEN, Mr. MORAN porary Assistance for Needy Families block the Speaker, in each case for consideration of Virginia, Mr. LAHOOD, Mr. ALLEN, grant program through June 30, 2005, and for of such provisions as fall within the jurisdic- Mrs. JONES of Ohio, Mr. ACKERMAN, other purposes; to the Committee on Ways tion of the committee concerned. Mr. SAM JOHNSON of Texas, Ms. ROS- and Means, and in addition to the Committee By Mr. LEVIN (for himself, Mrs. MIL- LEHTINEN, Mr. COOPER, Mr. GILLMOR, on Energy and Commerce, for a period to be LER of Michigan, and Mr. ENGEL): Mr. WALDEN of Oregon, Ms. CARSON, subsequently determined by the Speaker, in H.R. 1170. A bill to authorize the extension Mr. PETERSON of Minnesota, Mr. each case for consideration of such provi- of unconditional and permanent nondiscrim- HALL, Mr. GRIJALVA, Ms. MCCOLLUM sions as fall within the jurisdiction of the inatory treatment (permanent normal trade of Minnesota, Mr. WILSON of South committee concerned. relations treatment) to the products of Carolina, Mr. WYNN, Mr. MCNULTY, By Mr. SAM JOHNSON of Texas (for Ukraine, and for other purposes; to the Com- Mr. MCGOVERN, Mr. MCDERMOTT, Mr. himself and Mr. ENGLISH of Pennsyl- mittee on Ways and Means, and in addition WU, Ms. WATSON, Mr. SKELTON, Ms. vania): to the Committee on Rules, for a period to be H.R. 1161. A bill to amend the Internal Rev- LORETTA SANCHEZ of California, Mr. subsequently determined by the Speaker, in REYES, Mr. KILDEE, Mr. RUSH, Mr. enue Code of 1986 to provide for employer re- each case for consideration of such provi- tirement savings accounts, and for other BISHOP of New York, Mr. ETHERIDGE, sions as fall within the jurisdiction of the purposes; to the Committee on Ways and Mr. MOORE of Kansas, Mr. DAVIS of Il- committee concerned. Means. linois, Mr. JACKSON of Illinois, Mr. By Mr. LEWIS of Kentucky: By Mr. SAM JOHNSON of Texas (for HINCHEY, Mr. BISHOP of Georgia, Mr. H.R. 1171. A bill to amend the Internal Rev- himself, Mr. ENGLISH of Pennsyl- PAYNE, Mr. GENE GREEN of Texas, Mr. enue Code of 1986 to clarify the small issuer vania, and Mr. PORTMAN): JOHNSON of Illinois, Mr. VISCLOSKY, H.R. 1162. A bill to amend the Internal Rev- exception from the tax-exempt bond arbi- Mr. FARR, Mr. FILNER, Mr. FRANK of enue Code of 1986 to provide for retirement trage rebate requirement; to the Committee Massachusetts, Ms. ESHOO, Mr. ED- savings accounts, and for other purposes; to on Ways and Means. WARDS, Mrs. CHRISTENSEN, Mr. LIPIN- the Committee on Ways and Means. By Ms. ZOE LOFGREN of California SKI, Mr. BILIRAKIS, Mr. GOODE, Mr. By Mr. SAM JOHNSON of Texas (for (for herself, Mr. CANNON, Mr. BER- DENT, Mr. TANNER, Mr. KENNEDY of MAN, Mr. SMITH of New Jersey, Mr. himself and Mr. ENGLISH of Pennsyl- Rhode Island, Mr. SESSIONS, Mrs. vania): CONYERS, and Ms. HART): BIGGERT, Mr. SHIMKUS, Ms. BEAN, Mr. H.R. 1163. A bill to amend the Internal Rev- H.R. 1172. A bill to provide for the protec- HYDE, Mr. MANZULLO, Mr. WELLER, enue Code of 1986 to create Lifetime Savings tion of unaccompanied alien children, and Mr. COSTELLO, Mr. EMANUEL, Mr. Accounts; to the Committee on Ways and for other purposes; to the Committee on the CUELLAR, Mr. EVANS, Mr. TERRY, and Means. Judiciary. Mr. GUTIERREZ): By Mr. JONES of North Carolina (for By Mr. MORAN of Virginia: H. Res. 142. A resolution supporting the himself and Mr. GOODE): H.R. 1173. A bill to amend title 49, United goals and ideals of a ‘‘Rotary International H.R. 1164. A bill to guarantee the right of States Code, to allow States to regulate tow Day’’ and celebrating and honoring Rotary individuals to receive Social Security bene- truck operations; to the Committee on International on the occasion of its centen- fits under title II of the Social Security Act Transportation and Infrastructure. nial anniversary; to the Committee on Gov- in full with an accurate annual cost-of-living By Mr. SHAW (for himself and Mr. ernment Reform. adjustment; to the Committee on Ways and PALLONE): By Mrs. TAUSCHER (for herself, Mr. Means. H.R. 1174. A bill to improve regional sedi- LANTOS, Ms. GRANGER, Mr. OSBORNE, By Mr. KANJORSKI (for himself, Mr. ment management; to the Committee on Ms. ROS-LEHTINEN, and Mr. ACKER- MURTHA, Mr. HOLDEN, Mr. UDALL of Transportation and Infrastructure. MAN):

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H. Res. 143. A resolution recognizing and H.R. 313: Mrs. EMERSON and Mr. MORAN of H.R. 762: Mr. ANDREWS, Mr. DINGELL, and commending the courage of Iraqi women Kansas. Mr. MILLER of Florida. candidates in the January 30, 2005, Iraqi elec- H.R. 314: Mr. BURTON of Indiana, Mr. H.R. 763: Mr. ANDREWS, Mr. DAVIS of Illi- tions; to the Committee on International Re- MORAN of Kansas, and Mr. SKELTON. nois, and Mr. SKELTON. lations. H.R. 328: Mr. TIERNEY, Mr. OSBORNE, Mr. H.R. 771: Mr. MEEKS of New York, Ms. f ISRAEL, Mr. SABO, Mr. HINCHEY, Ms. SLAUGHTER, and Mr. ETHERIDGE. SCHAKOWSKY, and Mr. HASTINGS of Florida. H.R. 793: Mr. RYAN of Wisconsin, Mr. PRIVATE BILLS AND H.R. 333: Mr. SIMPSON, Mrs. CAPPS, Mr. LEVIN, Mr. FLAKE, Mr. WILSON of South RESOLUTIONS PAYNE, Mr. FRANK of Massachusetts, Ms. Carolina, and Mr. BISHOP of New York. Under clause 3 of rule XII, private ESHOO, and Mr. PASTOR. H.R. 795: Mr. HOLT and Mr. RADANOVICH. H.R. 354: Mr. SULLIVAN. H.R. 798: Mr. MILLER of North Carolina, bills and resolutions of the H.R. 358: Ms. EDDIE BERNICE JOHNSON of Mr. COLE of Oklahoma, Mr. EHLERS, Mr. followingtitles were introduced and Texas, Ms. BEAN, Mr. MEEKS of New York, ENGLISH of Pennsylvania, Mr. WELDON of severally referred, as follows: Mrs. DRAKE, Mr. SALAZAR, Mr. MCNULTY, Pennsylvania, Mr. REICHERT, Mr. SODREL, By Mr. MARKEY: Mrs. CAPITO, Mr. GOODLATTE, Mr. SULLIVAN, and Mr. SMITH of Washington. H.R. 1179. A bill for the relief of Obain Mr. MOLLOHAN, Mr. COX, and Mr. NORWOOD. H.R. 800: Mr. OXLEY, Mr. TURNER, Mr. Attouoman; to the Committee on the Judici- H.R. 370: Mr. PAYNE and Mr. ENGLISH of BOOZMAN, Mr. JENKINS, Mr. GRAVES, Mr. ary. Pennsylvania. HASTINGS of Washington, Mr. BOUSTANY, Mr. By Mr. PLATTS: H.R. 377: Mr. FRANKS of Arizona, Mr. GILCHREST, Mr. CRAMER, Mr. HALL, Mr. H.R. 1180. A bill for the relief of certain FOSSELLA, Mrs. DRAKE, Mr. GINGREY, Mr. PITTS, Mr. WOLF, Mr. MATHESON, Mr. NEY, aliens who were aboard the Golden Venture; GORDON, Mr. ISRAEL, and Mr. CUMMINGS. Mr. BISHOP of Utah, and Mr. HAYES. to the Committee on the Judiciary. H.R. 389: Mr. OWENS, Mr. TAYLOR of North H.R. 809: Mr. BURTON of Indiana, Mr. GOOD- Carolina, and Mr. KUHL of New York. f LATTE, Mr. MANZULLO, Mr. ADERHOLT, Mr. H.R. 405: Mr. HYDE. LATHAM, and Mr. TERRY. ADDITIONAL SPONSORS H.R. 406: Ms. HART. H.R. 818: Mr. GUTIERREZ, Ms. BORDALLO, Under clause 7 of rule XII, sponsors H.R. 408: Mr. FILNER. Mr. CUMMINGS, and Mr. SHERMAN. H.R. 420: Mr. MCHENRY. H.R. 819: Mr. GOODLATTE. were added to the public bills and reso- H.R. 458: Mr. EDWARDS and Mr. CARTER. H.R. 820: Mr. CALVERT. lutions as follows: H.R. 466: Mr. MCHUGH and Mr. SCOTT of H.R. 827: Mr. HULSHOF and Mr. KILDEE. H.R. 8: Mr. MURPHY, Mr. GOODLATTE, Mr. Georgia. H.R. 838: Mr. GUTIERREZ, Mr. CONYERS, Mr. BEAUPREZ, Mr. COBLE, Mr. CUNNINGHAM, Mr. H.R. 490: Ms. HART. GORDON, Mr. SIMMONS, and Ms. ESHOO. ADERHOLT, Mr. REHBERG, Mr. KNOLLENBERG, H.R. 499: Mrs. LOWEY. H.R. 840: Mr. SOUDER. Mr. NEY, Mr. MCHENRY, Ms. FOXX, Mr. NOR- H.R. 515: Mr. COSTELLO, Mr. FORD, Ms. H.R. 869: Mr. STARK, Mr. GALLEGLY, and WOOD, Mr. DEAL of Georgia, Ms. GINNY SCHAKOWSKY, and Ms. SCHWARTZ of Pennsyl- Mr. LEVIN. BROWN-WAITE of Florida, and Mr. SENSEN- vania. H.R. 871: Ms. WASSERMAN SCHULTZ and Mr. BRENNER. H.R.524: Mr. GRIJALVA. PRICE of North Carolina. H.R. 11: Mr. WALSH, Mr. SHUSTER, and Mr. H.R. 525: Ms. HART, Mr. DELAY, Mr. GOOD- H.R. 874: Mr. CARTER, Mr. CANTOR, Mr. MORAN of Kansas. LATTE, Mr. KNOLLENBERG. HERGER, and Mr. KOLBE. H.R. 19: Mr. SHADEGG. H.R. 534: Mr. KOLBE and Mr. KUHL of New H.R. 878: Mr. KILDEE. H.R. 21: Ms. HOOLEY, Mr. ISRAEL, and Mr. York. H.R. 880: Mr. POMEROY and Mr. MCINTYRE. LINDER. H.R. 554: Mr. SHUSTER, Mr. WILSON of H.R. 881: Mr. BURTON of Indiana, Mr. SMITH H.R. 22: Ms. BERKLEY, Mr. FARR, Mr. South Carolina, Mr. KINGSTON, Mr. HOEK- of New Jersey, Mr. OSBORNE, Mrs. JO ANN STARK, Mr. GARRETT of New Jersey, Ms. STRA, and Mr. MCHENRY. DAVIS of Virginia, Mr. TERRY, Ms. WOOLSEY, HOOLEY, and Mr. PLATTS. H.R. 556: Mr. SCHIFF and Mr. CUMMINGS. Mr. CLAY, Mr. MICHAUD, Mr. KILDEE, and Mr. H.R. 25: Mr. BAKER and Mr. CONAWAY. H.R. 557: Mr. FILNER. RYAN of Ohio. H.R. 29: Mr. SHADEGG. H.R. 558: Mr. BISHOP of Utah, Mr. PALLONE, H.R. 893: Mr. PASTOR and Ms. WOOLSEY. H.R. 32: Mr. KANJORSKI, Ms. HART, Mrs. Mr. TERRY, and Mr. RAHALL. H.R. 894: Mr. MCGOVERN. ˜ BONO, Mr. GALLEGLY, Mr. FORTUNO, Mr. H.R. 562: Mr. MENENDEZ. H.R. 895: Mr. GRIJALVA. ROTHMAN, and Mr. CHOCOLA. H.R. 580: Mr. CULBERSON. H.R. 896: Mr. SOUDER, Mr. WOLF, Mr. KIL- H.R. 37: Mr. MANZULLO. H.R. 583: Mr. RUPPERSBERGER, Mr. MORAN DEE, Mr. CHANDLER, Mr. CUMMINGS, Mr. H.R. 42: Mr. MCHENRY. of Virginia, Mr. MCCOTTER, Mr. KNOLLEN- WYNN, Mr. BROWN of Ohio, Mr. SCHWARZ of H.R. 64: Mr. MARCHANT. BERG, Mr. WYNN, and Mr. ISRAEL. Michigan, and Mr. TERRY. H.R. 65: Mr. BARRETT of South Carolina H.R. 602: Ms. WATSON, Mrs. BLACKBURN, Mr. H.R. 908: Mr. OWENS and Mr. PAYNE. and Mr. PETERSON of Pennsylvania. COSTELLO, Mr. GINGREY, Mrs. MUSGRAVE, Mr. H.R. 909: Ms. LEE. H.R. 68: Mr. BOSWELL, Mr. CONAWAY, Ms. LARSEN of Washington, Mr. WEINER, Mr. H.R. 920: Mr. TERRY. MCCOLLUM of Minnesota, and Mr. PRICE of H.R. 931: Mr. MCHENRY and Mr. GREEN of North Carolina. WICKER, and Mr. BARTLETT of Maryland. LAUGHTER Wisconsin. H.R. 111: Mr. YOUNG of Florida, Ms. HAR- H.R. 616: Ms. S . H.R. 623: Mr. BOUSTANY, Mr. PETERSON of H.R. 932: Mr. LIPINSKI. MAN, Mr. MCCAUL of Texas, Mr. BARROW, Mr. Pennsylvania, and Mr. SHUSTER. H.R. 940: Mr. MACK. DAVIS of Kentucky, Mr. CANNON, Mr. FILNER, H.R. 650: Mr. ROGERS of Michigan. H.R. 952: Ms. SLAUGHTER, Mr. LYNCH, Mr. Mr. BURGESS, Mrs. CUBIN, Mr. SWEENEY, and H.R. 658: Mr. WALSH. BROWN of Ohio, Mr. PAYNE, and Ms. WATSON. Ms. BEAN. H.R. 970: Mrs. NAPOLITANO, Mr. WYNN, Mr. H.R. 135: Ms. HART, Ms. BERKLEY, and Mr. H.R. 669: Mr. SMITH of New Jersey, Mr. CARDOZA, and Mr. NEAL of Massachusetts. GOODLATTE. NORWOOD, Mr. WALDEN of Oregon, Mr. JOHN- H.R. 136: Mr. CALVERT and Mr. TANCREDO. SON of Illinois, Mr. BARROW, Mr. DAVIS of H.R. 972: Mr. BOOZMAN, Mr. SHIMKUS, Mrs. H.R. 139: Ms. DELAURO and Mr. LINCOLN Kentucky, and Mr. STEARNS. JONES of Ohio, Mr. CHABOT, Mr. BURTON of DIAZ-BALART of Florida. H.R. 670: Mr. GORDON. Indiana, Mr. WILSON of South Carolina, Mrs. H.R. 151: Mr. HINOJOSA, Mr. NEAL of Massa- H.R. 688: Mr. PLATTS. MALONEY, Ms. MILLENDER-MCDONALD, Mr. chusetts, Ms. LEE, and Ms. LINDA T. SA´ NCHEZ H.R. 691: Mr. CUMMINGS. EVANS, Ms. KAPTUR, Ms. WATSON, Mr. ABER- of California. H.R. 711: Mr. LANGEVIN, Mrs. MCCARTHY, CROMBIE, Mr. ENGLISH of Pennsylvania, Mr. H.R. 179: Mr. COX. Mr. TOWNS, Ms. NORTON, Mr. VAN HOLLEN, OWENS, Mr. MCINTYRE, Mr. BROWN of Ohio, H.R. 181: Mr. HOSTETTLER and Mr. TERRY. Mr. WEXLER, Mr. BLUMENAUER, Mr. MEEHAN, Ms. HARRIS, Mr. FOLEY, Ms. CORRINE BROWN H.R. 216: Mr. RENZI, Mr. WAMP, Mr. PETER- Ms. SOLIS, Mr. LANTOS, Mr. HOLT, Ms. LEE, of Florida, Mr. BERMAN, Ms. ROYBAL-ALLARD, SON of Minnesota, and Mr. LAHOOD. Mr. CONYERS, and Mr. MCDERMOTT. Mr. TANCREDO, and Mr. FRANKS of Arizona. H.R. 282: Mr. SHAW, Ms. LORETTA SANCHEZ H.R. 712: Mr. GOODLATTE. H.R. 975: Ms. DEGETTE, Mr. SIMPSON, and of California, Mr. MACK, Ms. BEAN, Mr. H.R. 739: Mr. FORTUN˜ O, Mrs. DRAKE, Mr. Mr. CALVERT. MCHENRY, and Mr. LOBIONDO. PITTS, and Mr. HALL. H.R. 976: Mr. KOLBE, Mrs. JO ANN DAVIS of H.R. 302: Mr. PORTER. H.R. 740: Mr. FORTUN˜ O, Mrs. DRAKE, Mr. Virginia, and Mr. BILIRAKIS. H.R. 303: Mr. UDALL of Colorado, Mr. SCOTT PITTS, and Mr. HALL. H.R. 983: Mr. CASE. of Georgia, Mr. BARROW, Mr. LARSON of Con- H.R. 741: Mr. FORTUN˜ O, Mrs. DRAKE, Mr. H.R. 984: Mr. PASTOR. necticut, Mr. MARKEY, Mr. CASE, Mr. PITTS, and Mr. HALL. H.R. 986: Mr. FORD. MCDERMOTT, Mr. UDALL of New Mexico, Mr. H.R. 742: Mr. FORTUN˜ O, Mrs. DRAKE, Mr. H.R. 997: Mr. PORTMAN and Ms. FOXX. STUPAK, Mr. DAVIS of Florida, Mr. GOODE, PITTS, and Mr. HALL. H.R. 998: Mr. CASE, Mr. HULSHOF, Mr. Ms. HARRIS, Mr. SANDERS, Mr. KUCINICH, Mr. H.R. 748: Mr. PETRI and Mr. LINDER. WHITFIELD, Mr. ROGERS of Michigan, and Mr. SCHIFF, Mr. MICHAUD, Mr. WOLF, and Mr. H.R. 752: Mr. VAN HOLLEN and Mr. OLVER. LATHAM. MATHESON. H.R. 754: Mr. ISSA, Mr. WEINER, Mr. CASE, H.R. 999: Mr. LEACH, Ms. HERSETH, Mr. H.R. 307: Mr. FOSSELLA, Mr. HIGGINS, Mr. and Mr. MCINTYRE. DUNCAN, Mr. HINCHEY, and Mr. PAYNE. HINCHEY, Mrs. KELLY, Mr. MCNULTY, Mr. H.R. 759: Mr. ISRAEL, Mr. BLUMENAUER, and H.R. 1000: Mr. TIBERI, Mr. OXLEY, and Mr. MEEKS of New York, and Mr. TOWNS. Mrs. LOWEY. LIPINSKI.

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H.R. 1001: Mr. BRADY of Texas, Mr. DELAY, H. Con. Res. 47: Ms. LINDA T. SA´ NCHEZ of CHANDLER, Mr. PENCE, Mr. BOEHLERT, Mr. Mr. SESSIONS, Mr. CULBERSON, Mr. SAM JOHN- California. BARRETT of South Carolina, Mr. GALLEGLY, SON of Texas, Mr. NEUGEBAUER, Ms. GRANG- H. Con. Res. 52: Mr. GOODE. Mr. DAVIS of Tennessee, Mr. POE, and Mr. ER, Mr. BONILLA, Mr. CARTER, Mr. CONAWAY, H. Con. Res. 70: Mr. BROWN of Ohio, Mr. NUNES. Mr. MARCHANT, and Mr. DANIEL E. LUNGREN ROHRABACHER, Mr. SESSIONS, Mr. MCNULTY, H. Res. 101: Mr. ROYCE, Mr. FRANK of Mas- of California. Mr. MACK, Mr. SOUDER, Mr. NORWOOD, Mr. sachusetts, Mr. WYNN, Mr. VAN HOLLEN, Mr. H.R. 1003: Mr. GUTIERREZ and Mr. PALLONE, Mr. TOWNS, Mr. MARIO DIAZ- GALLEGLY, Mr. FOLEY, Mr. MARKEY, Ms. MCDERMOTT. BALART of Florida, Mr. LINCOLN DIAZ-BALART WASSERMAN SCHULTZ, Mr. HOLDEN, and Mr. H.R. 1006: Mr. FORTUN˜ O. of Florida, Mrs. LOWEY, and Mr. BEAUPREZ. POE. H.R. 1010: Mr. PAUL, Mr. FOSSELLA, and Mr. H. Con. Res. 76: Mr. SCOTT of Georgia, Mr. REHBERG. PENCE, Ms. BORDALLO, Mr. ROGERS of Ala- H. Res. 108: Mr. ISSA, Mr. ENGEL, Mr. H.R. 1042: Mr. PAUL. bama, Mr. WILSON of South Carolina, Mr. FLAKE, Mr. PITTS, Mr. CHANDLER, Mr. WIL- H.R. 1059: Mrs. LOWEY, Mr. ROTHMAN, Mrs. GARRETT of New Jersey, Mr. HUNTER, Mr. SON of South Carolina, Mr. CARDOZA, Mr. MALONEY, Mr. TOWNS, and Mr. GRIJALVA. BEAUPREZ, Mr. GENE GREEN of Texas, and FALEOMAVAEGA, Mr. PENCE, Mr. SMITH of H.R. 1080: Mr. GEORGE MILLER of Cali- Mr. SAM JOHNSON of Texas. Washington, Mr. ROHRABACHER, and Mr. fornia, Mrs. CAPPS, and Mr. KILDEE. H. Con. Res. 81: Mr. LYNCH, Mr. MCGOVERN, BLUMENAUER. H.R. 1081: Mr. BERMAN. and Mr. SNYDER. H.R. 1092: Mr. SESSIONS. H. Res. 119: Mr. CALVERT, Mr. MCKEON, and H. Con. Res. 82: Ms. BERKLEY, Mr. H.R. 1106: Mr. LIPINSKI and Mr. KILDEE. Mr. DREIER. H.R. 1124: Mr. SIMMONS and Mr. HOLT. BLUMENAUER, Mr. CARDOZA, Ms. WATSON, Ms. H. Res. 120: Mr. INSLEE, Mr. LIPINSKI, Mr. H.R. 1131: Mr. PALLONE. MCCOLLUM of Minnesota, Mr. BROWN of Ohio, H.R. 1134: Mr. POE, Mr. BLUNT, Mrs. LOWEY, Mr. SHERMAN, Mr. MCCOTTER, Mr. BURTON of PRICE of North Carolina, Ms. SLAUGHTER, Mr. Mr. AKIN, and Mr. PAUL. Indiana, and Mr. PITTS. MCDERMOTT, Mr. MENENDEZ, and Mr. PITTS. H.J. Res. 10: Ms. HERSETH, and Mr. ENGLISH H. Con. Res. 83: Mr. PITTS, Mr. TANCREDO, H. Res. 131: Mrs. JONES of Ohio, Mr. GENE of Pennsylvania. Mr. SOUDER, Mr. CAPUANO, Mr. RYAN of Ohio, GREEN of Texas, Ms. ROYBAL-ALLARD, Mr. H. Con. Res. 18: Mr. ACKERMAN and Mr. Mr. MCCOTTER, Mr. GREEN of Wisconsin, Mr. DOYLE, Ms. PELOSI, Mr. HOYER, Mr. MENEN- MENENDEZ. FRANKS of Arizona, Ms. KILPATRICK of Michi- DEZ, Ms. SLAUGHTER, Mr. MURTHA, Ms. H. Con. Res. 32: Mr. ACKERMAN, Mr. BER- gan, Mr. LINCOLN DIAZ-BALART of Florida, DELAURO, Mr. BERMAN, Mr. CARDIN, Mr. MAN, Mr. KING of New York, Mr. LINCOLN Ms. WATSON, Mr. JONES of North Carolina, GEORGE MILLER of California, Mr. MCGOV- DIAZ-BALART of Florida, Mr. LANTOS, Mr. Mr. MOORE of Kansas, Mr. BROWN of Ohio, ERN, Mr. MCDERMOTT, Mr. KANJORSKI, Mr. MENENDEZ, and Mr. MCHENRY. and Mr. WAXMAN. BUTTERFIELD, Mr. CUMMINGS, Ms. H. Con. Res. 34: Mr. ISSA, Mr. LARSEN of H. Res. 22: Mr. MCHENRY and Mr. GOHMERT. SCHAKOWSKY, Mr. DICKS, Mr. ANDREWS, Mr. Washington, and Mr. KING of New York. H. Res. 37: Mr. PENCE, Mr. BLUMENAUER, CHANDLER, Mr. POMEROY, Mr. UDALL of Colo- H. Con. Res. 40: Mr. KILDEE, Ms. WATSON, Mr. ISSA, Ms. HARRIS, Mr. KIRK, Mr. BERMAN, rado, Ms. LEE, Mr. BISHOP of Georgia, Mr. Mr. LANTOS, Mr. MICHAUD, Mr. LANGEVIN, Mr. Mr. CROWLEY, Mr. WILSON of South Carolina, WATT, Mrs. LOWEY, Ms. HOOLEY, Mr. MEE- SCOTT of Georgia, Mr. OBERSTAR, Ms. LINDA and Mr. WELLER. HAN, Mr. TANNER, Mr. ABERCROMBIE, Mr. T. SA´ NCHEZ of California, Mr. OWENS, Mr. H. Res. 38: Mr. MCHENRY. ETHERIDGE, Mr. JACKSON of Illinois, Mr. ALLEN, Mr. HASTINGS of Florida, Mr. HIN- H. Res. 54: Mr. KING of New York and Mr. OLVER, Mr. CROWLEY, Mr. NEAL of Massachu- CHEY, Mr. MCGOVERN, Ms. KILPATRICK of MCHENRY. setts, Mr. SCOTT of Georgia, Mrs. CAPPS, and Michigan, Mr. BRADY of Pennsylvania, Mr. H. Res. 84: Mr. GOODLATTE, Mr. KIRK, and Ms. KILPATRICK of Michigan. CONYERS, Mr. PAYNE, Mr. TOWNS, Ms. Mr. BLUNT. DELAURO, Mr. LARSEN of Washington, Mr. H. Res. 85: Mr. CULBERSON. H. Res. 135: Mr. LEACH, Mr. BURTON of Indi- ENGEL, Mr. FARR, Mr. CLAY, Mr. NADLER, Mr. H. Res. 90: Mr. EVANS, Mr. ETHERIDGE, Mr. ana, Mrs. JO ANN DAVIS of Virginia, Mr. CARNAHAN, Mr. COSTELLO, Mr. LEVIN, Mr. CONYERS, and Mr. WAXMAN. WELLER, Mr. PENCE, Mr. WILSON of South HONDA, Ms. SCHAKOWSKY, Ms. CORRINE BROWN H. Res. 99: Mr. TOWNS, Mr. BURTON of Indi- Carolina, Mr. WEXLER, Mr. BERMAN, Mr. of Florida, Ms. SOLIS, Mr. BOYD, Mr. HOLT, ana, Mr. NADLER, Mr. MCGOVERN, Mr. FALEOMAVAEGA, Ms. WATSON, Mr. CARDOZA, Ms. CARSON, Mr. OLVER, Mr. ROSS, Mr. SCHIFF, Mr. BISHOP of Georgia, Mr. HONDA, Mr. BLUMENAUER, Mr. ROHRABACHER, Mr. FRANK of Massachusetts, Mr. CROWLEY, Mr. Mr. LANTOS, Mr. ENGEL, Mr. SAXTON, Mr. TANNER, Mr. HASTINGS of Washington, Mr. BACA, Mr. PASCRELL, Ms. JACKSON-LEE of WILSON of South Carolina, Mr. LYNCH, Mr. HASTINGS of Florida, Mr. UDALL of New Mex- Texas, Mrs. CAPPS, Ms. MCCOLLUM of Min- WEXLER, Mrs. NAPOLITANO, Mr. SMITH of ico, Mr. BUTTERFIELD, Mr. SHIMKUS, Mrs. nesota, Mr. SIMMONS, Ms. WOOLSEY, Mr. Washington, Mr. SMITH of New Jersey, Mr. TAUSCHER, Mr. COX, Mr. LEWIS of California, KUCINICH, and Mr. PASTOR. NEAL of Massachusetts, Mr. EHLERS, Mr. Mr. WATT, Mr. REGULA, Mr. HEFLEY, Mr. H. Con. Res. 42: Mr. WELDON of Florida, Mr. BLUMENAUER, Mr. PITTS, Mr. LARSEN of EHLERS, Mr. OXLEY, Mr. MANZULLO, Mr. KUCINICH, and Mrs. MUSGRAVE. Washington, Mrs. MILLER of Michigan, Mr. HOYER, Mrs. LOWEY, and Mr. PITTS.

VerDate Aug 04 2004 04:52 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MR7.011 H08PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, TUESDAY, MARCH 8, 2005 No. 26 Senate The Senate met at 9:45 a.m. and was Senator from the State of Alaska, to perform There have been many attempts to called to order by the Honorable LISA the duties of the Chair. sidetrack the Senate on this bill. But MURKOWSKI, a Senator from the State TED STEVENS, let me just take a moment to reiterate of Alaska. President pro tempore. why we need bankruptcy reform and Ms. MURKOWSKI thereupon assumed what this bill really does. PRAYER the Chair as Acting President pro tem- The bill before us establishes a means The Chaplain, Dr. Barry C. Black, of- pore. test based on a simple, fair principle: fered the following prayer: f those who have the means should repay Let us pray. RECOGNITION OF THE MAJORITY their debts. Personal bankruptcies are Our Lord and Ruler, Your Name is LEADER skyrocketing, and wealthy debtors are wonderful. We see Your glory in the walking away from debts that they had The ACTING PRESIDENT pro tem- heavens above and in the beauties of the ability to repay. Opportunistic pore. The majority leader is recog- the Earth. Give us this day our march- nized. debtors who have the means to repay ing orders. We seek Your wisdom. use the law to evade personal responsi- Guide our priorities so that we glorify f bility. Your Name. May even our thoughts be SCHEDULE This abuse does not hurt the creditor acceptable to You. Help our words and Mr. FRIST. Madam President, this only, it hurts all who pay higher fees actions to be strengthened by Your morning the Senate will resume debate and prices as a result. Every bill that precepts. Give us enough humility to on the bankruptcy legislation. Under you and I pay, that our families pay, acknowledge our dependence on You, the order, at 10:15 this morning we will includes a ‘‘bankruptcy tax’’ of about for even our heartbeats are borrowed. begin 2 hours of debate on Senator $400 a year per household. That tax is Strengthen our Senators for today’s SCHUMER’s amendment related to abor- figured into every bill, every phone journey. Listen to their longings and tion clinics. That vote will, therefore, bill, every electric bill, every mortgage give them Your peace. Protect and sus- occur at 12:15 today. Following that payment, every furniture purchase or tain their loved ones. We pray in Your vote, the Senate will recess until 2:15 car loan we pay. Interest rates are strong Name. Amen. for our weekly policy luncheons to higher, downpayment requirements are f meet. When we return to session at larger, grace periods become shorter, 2:15, the Senate will proceed to vote on late payment penalties become astro- PLEDGE OF ALLEGIANCE invoking cloture on the underlying nomical—all because some people are The Honorable LISA MURKOWSKI, a bankruptcy bill. I hope and expect the shirking their debt obligations. Senator from the State of Alaska, led Senate will be able to invoke cloture This legislation is targeted to ensure the Pledge of Allegiance, as follows: this afternoon so that we will be able that wealthy debtors who can pay their I pledge allegiance to the Flag of the to vote on passage this week. We will debts do so. It specifically exempts United States of America, and to the Repub- have germane amendments to consider anyone who earns less than the median lic for which it stands, one nation under God, postcloture and, therefore, additional income in their State, and it also al- indivisible, with liberty and justice for all. votes can be expected. lows every consumer to show special f f circumstances if they cannot handle a repayment plan. APPOINTMENT OF ACTING BANKRUPTCY REFORM PRESIDENT PRO TEMPORE We know that one reason people file Mr. FRIST. Madam President, we for bankruptcy is because of unex- The PRESIDING OFFICER. The have made tremendous progress on the pected medical emergencies. Con- clerk will please read a communication bankruptcy bill over the last 2 weeks. sequently, this legislation allows every to the Senate from the President pro Republicans and Democrats have stood filer to deduct 100 percent of their med- tempore (Mr. STEVENS). together to support a bankruptcy re- ical costs. We also know that education The legislative clerk read the fol- form package that the House will pass is a big outlay for many families. lowing letter: and the President will sign into law. Under bankruptcy reform, parents can U.S. SENATE, The Senate has resisted attempts to re- deduct private school tuition to pro- PRESIDENT PRO TEMPORE, negotiate hard-fought compromises tect their children’s educational oppor- Washington, DC, March 8, 2005. To the Senate: and legislate on unrelated issues. I do tunities. Under the provisions of rule I, paragraph 3, thank my colleagues, our colleagues, In addition, the bankruptcy bill of the Standing Rules of the Senate, I hereby for staying focused on the bankruptcy strengthens protections for child sup- appoint the Honorable LISA MURKOWSKI, a bill. port and alimony payments. It protects

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

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VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2200 CONGRESSIONAL RECORD — SENATE March 8, 2005 patient privacy and care during bank- Congress, this week, and see bank- Kennedy amendment No. 119, to amend sec- ruptcy proceedings that involve health ruptcy reform signed into law. I en- tion 502(b) of title 11, United States Code, to care facilities. It protects consumers courage our Members, this afternoon, limit usurious claims in bankruptcy. from deceptive credit practice that can to vote for cloture so we can bring this Akaka amendment No. 105, to limit claims in bankruptcy by certain unsecured credi- lead to financial distress, and it pro- bill to fruition, to make it the reality tors. tects the system that allows America we know the American people deserve. Feingold amendment No. 87, to amend sec- to be one of the most generous coun- It is long past time to stop the tion 104 of title 11, United States Code, to in- tries when it comes to bankruptcy. abuses of the Bankruptcy Code. The clude certain provisions in the triennial in- There remain, however, some mis- legislation before us is thoughtful. It is flation adjustment of dollar amounts. conceptions about this bill that should built on common sense. It offers the Feingold amendment No. 88, to amend the be dispelled. The first regards our pro- opportunity to give the system, and plan filing and confirmation deadlines. Feingold amendment No. 89, to strike cer- tections for Active-Duty military per- the people it is designed to help, a fresh sonnel and veterans. Some opponents tain small business related bankruptcy pro- start. In short, it promises to deliver visions in the bill. of the bill charge that we do not ade- meaningful solutions that will keep Feingold amendment No. 90, to amend the quately address the needs of our com- America moving forward. provision relating to fair notice given to bat men and women who suffer finan- Madam President, I yield the floor. creditors. cially. f Feingold amendment No. 91, to amend sec- Madam President, it should go with- tion 303 of title 11, United States Code, with out saying that the Senate and the RESERVATION OF LEADER TIME respect to the sealing and expungement of American people deeply honor our men The ACTING PRESIDENT pro tem- court records relating to fraudulent involun- and women in uniform. Every day, pore. Under the previous order, the tary bankruptcy petitions. Feingold amendment No. 92, to amend the these young soldiers sacrifice to pro- leadership time is reserved. credit counseling provision. tect us and to defend the freedom we f Feingold amendment No. 93, to modify the enjoy. We are indebted to them for the BANKRUPTCY ABUSE PREVENTION disclosure requirements for debt relief agen- dangers they face on the field, and we cies providing bankruptcy assistance. are indebted to their families they AND CONSUMER PROTECTION Feingold amendment No. 94, to clarify the leave in order to fight for that freedom. ACT OF 2005 application of the term disposable income. That is why last Tuesday we passed The ACTING PRESIDENT pro tem- Feingold amendment No. 95, to amend the the Sessions amendment to help clarify pore. Under the previous order, the provisions relating to the discharge of taxes protections for our military and others under chapter 13. Senate will resume consideration of S. Feingold amendment No. 96, to amend the under a safe harbor in the bill. This 256, which the clerk will report. provisions relating to chapter 13 plans to provision, which passed with 63 votes, The legislative clerk read as follows: have a 5-year duration in certain cases and makes explicitly clear that Active- A bill (S. 256) to amend title 11 of the to amend the definition of disposable income Duty military and low-income veterans United States Code, and for other purposes. for purposes of chapter 13. are protected by the safe harbor. In ad- Pending: Feingold amendment No. 97, to amend the provisions relating to chapter 13 plans to dition, it also protects debtors with se- Dorgan/Durbin amendment No. 45, to es- have a 5-year duration in certain cases and rious medical conditions. tablish a special committee of the Senate to to amend the definition of disposable income On this issue, the other side has cre- investigate the awarding and carrying out of for purposes of chapter 13. ated a red herring designed to score po- contracts to conduct activities in Afghani- Feingold amendment No. 98, to modify the stan and Iraq and to fight the war on ter- litical points and shift the debate away disclosure requirements for debt relief agen- from bankruptcy abuse. Another red rorism. Pryor amendment No. 40, to amend the cies providing bankruptcy assistance. herring is the charge that the bank- Feingold amendment No. 99, to provide no Fair Credit Reporting Act to prohibit the use bankruptcy protection for insolvent political ruptcy bill sacrifices consumers to ben- of any information in any consumer report committees. efit credit card companies. The truth is by any credit card issuer that is unrelated to Feingold amendment No. 100, to provide that the bill before us includes several the transactions and experience of the card authority for a court to order disgorgement carefully negotiated amendments that issuer with the consumer to increase the an- or other remedies relating to an agreement expressly protect credit card holders. nual percentage rate applicable to credit ex- that is not enforceable. tended to the consumer. Among its beefed-up consumer pro- Feingold amendment No. 101, to amend the Reid (for Baucus) amendment No. 50, to tections are increased disclosure re- definition of small business debtor. amend section 524(g)(1) of title 11, United quirements for credit card statements Talent amendment No. 121, to deter cor- States Code, to predicate the discharge of and mandates that credit card compa- porate fraud and prevent the abuse of State debts in bankruptcy by an vermiculite min- self-settled trust law. nies assist borrowers in determining ing company meeting certain criteria on the Schumer amendment No. 129 (to amend- how long it will take to pay off their establishment of a health care trust fund for ment No. 121), to limit the exemption for credit card balances, additional disclo- certain individuals suffering from an asbes- sures to borrowers buying and refi- asset protection trusts. tos related disease. Durbin amendment No. 110, to clarify that Dodd amendment No. 52, to prohibit exten- nancing their homes, and additional the means test does not apply to debtors sions of credit to underage consumers. disclosures regarding credit card intro- below median income. Dodd amendment No. 53, to require prior ductory rates and new disclosures re- Durbin amendment No. 111, to protect vet- lated to credit card late fees. notice of rate increases. Kennedy (for Leahy/Sarbanes) amendment erans and members of the armed forces on These protections are the result of No. 83, to modify the definition of disin- active duty or performing homeland security lengthy and careful negotiation. Addi- terested person in the Bankruptcy Code. activities from means testing in bankruptcy. tional measures should be properly ad- Harkin amendment No. 66, to increase the Durbin amendment No. 112, to protect dis- dressed in the Banking Committee. As accrual period for the employee wage pri- abled veterans from means testing in bankruptcy under certain circumstances. Senator SESSIONS has pointed out, we ority in bankruptcy. are debating a bankruptcy bill designed Dodd amendment No. 67, to modify the bill The ACTING PRESIDENT pro tem- to create a fair and commonsense proc- to protect families. pore. The Senator from Massachusetts. Kennedy amendment No. 68, to provide a ess in the Federal courts. Mr. KENNEDY. Madam President, I maximum amount for a homestead exemp- understand that at 10:15, the Senator Moreover, the bill before us has tion under State law. passed this body three times, with Kennedy amendment No. 69, to amend the from New York is to be recognized to overwhelming bipartisan support. In definition of current monthly income. offer an amendment? the 105th Congress, it passed by a vote Kennedy amendment No. 70, to exempt The ACTING PRESIDENT pro tem- of 97 to 1. In the 106th Congress, it debtors whose financial problems were pore. That is correct. passed 83 to 14. And again in the 107th caused by failure to receive alimony or child Mr. KENNEDY. Madam President, Congress, it passed by a vote of 82 to 16. support, or both, from means testing. this bankruptcy bill is mean-spirited It is time to take action on this Kennedy amendment No. 72, to ensure that and unfair. In anything like its present families below median income are not sub- much needed reform that is supported jected to means test requirements. form, it should and will be an embar- by both sides of the aisle. Kennedy amendment No. 71, to strike the rassment to anyone who votes for it. It I am confident that by working to- provision relating to the presumption of lux- is a bonanza for the credit card compa- gether we can get this done in this ury goods. nies, which made $30 billion in profits

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2201 last year, and a nightmare for the this travesty before it reached the We have seen the enormous harm poorest of the poor and the weakest of floor? Why haven’t we fixed it on the caused to employees and retirees by the weak. floor after more than a week of debate? corporate mismanagement and fraud at It favors the credit card companies, This bill was bulldozed through the major companies like Enron and the giant banks, and the big car loan committee on the pretense that we WorldCom and Polaroid, which abused companies at every turn. It favors the should not deal with its serious prob- the bankruptcy laws to avoid their ob- worst of the credit industry—the inter- lems there but should wait until it ligation to their own loyal workers. We est rate gougers, the payday lenders, reached the full Senate for serious ne- have seen credit card rates go higher and the abusive collection agencies. It gotiations and basic improvements. We and higher and higher, as high as 30 hurts real people who lose their savings were assured that there would be good- percent or more, plus fees and penalties because of a medical crisis or lose their faith discussions and compromises and and charges, raising credit card profits jobs because of outsourcing or suffer that all reasonable amendments would by another $10 billion, even as general major loss of income because they were be given fair consideration. interest rates remain low. called up for duty in Iraq or Afghani- But now there has been no good faith We have seen the credit card compa- stan. at all—no meaningful discussions, no nies use a self-help remedy for the It protects corporate interests at the negotiation, no real consideration of problems they create by their own in- expense of the needs of real people. It any of the very reasonable amend- discriminate and predatory marketing does absolutely nothing about the glar- ments that have been proposed to give practices. They charge still higher ing abuses of the bankruptcy system this bill some shred of balance and fair- risk-based rates to the very same peo- by the executives of giant companies ness. On the contrary, the Republican ple who can’t even afford the lower such as Enron, WorldCom, and Polar- leadership has invoked the strictest bait-and-switch rates. oid, who lined their own pockets but possible party discipline. When indi- We now know a lot more about the left thousands of employees and retir- vidual Republicans say they want to abuse of bankruptcy this bill was sup- ees out in the cold. support or offer constructive amend- posedly designed to address. Four years It favors companies like MBNA, a top ments, they are ordered not to do so. ago we were told we were a nation of credit card issuer, with over $80 billion Even when a Republican identifies a se- bankruptcy abusers. But now, thanks in loans, which has contributed $7 mil- rious gap in the bill, such as the very to the careful study of actual bank- lion to Federal candidates, a half a basic jurisdiction outrage pointed out ruptcy case files, we know the truth. million dollars to President Bush by Senator CORNYN, an outrage that We know that 50 percent of the families alone, and spent over $20 million in lob- has prejudiced workers and retirees in who go bankrupt have suffered from se- bying, since 1997, when their lobbyists almost every State, the Republican rious medical problems and have ex- wrote this bill. leadership said no and refused to let hausted their savings. Most of those On the other side are people like spe- the amendment be called up. families had paid for health insurance, The excuse for this bad faith and cial ed teacher Fatemeh Hosseini on but it still left them with no financial breach of promise is itself bizarre. The the front page of Sunday’s Washington protection from serious illness or acci- Republican leaders say they cannot Post. She fell on hard times when her dents. husband left her and their three chil- upset the delicate compromise reached If the family is impacted by cancer, dren. After her credit card debt reached two Congresses ago, but the only real you know right at the outset, even if $25,000, she stopped using the cards and compromise was the one that had the they have health insurance, they are took a second job to try to pay down Schumer amendment in it, and this going to have a $35,000 bill. If it is the year’s bill doesn’t have that amend- that debt. She paid $2,000 a month but heart or stroke, it may be $20,000. If ment in it. In committee Senator was hit with very high interest rates, they have a child, spina bifida, autism, SCHUMER discussed his amendment, but which were raised even higher because other kinds of serious children’s dis- I didn’t see the other side jumping up of missed payments, heavy late fees, eases, it is going to be $15,000 to $20,000. to adopt it in order to restore and pre- and over-limit penalties. We know that right at the start. And in serve the so-called compromise. The She made no new purchases, but by too many instances, that is just enough floor leaders have not indicated that last June her $25,000 debt had nearly to throw hard-working Americans into they plan to accept this amendment to doubled to almost $50,000. The longer the bankruptcy system and the harsh restore and preserve the supposed com- she tried to pay what her statements provisions of this legislation. Most of promise. told her were her minimum payments, Let’s be clear—any pretense of pro- these families tried in every possible the more her debt went up. When all of tecting a previous compromise dis- way to avoid bankruptcy for years. her salary was going for payments, she appeared when the bill’s sponsors uni- They gave up food and medicine and had no choice: she was forced into laterally took the Schumer amend- utilities and other necessities of life bankruptcy, in the hope of getting the ment out of the bill before introducing and even transferred their elderly par- ‘‘fresh start’’ the Nation has long pro- it this year. So there is no compromise ents into less adequate nursing homes vided to its working people when they before us in the first place. What’s in order to try and avoid bankruptcy. hit bottom. more, even the 2001 bill is now totally But facts like these don’t bother the This bill says to companies like obsolete. sponsors of this bill. They just make it MBNA: We’ll help you scare that teach- A great deal has happened in the past up as they go along. er out of going into bankruptcy by 4 years that helps us understand the In the past week, for example, some making the bankruptcy process expen- real issues in this bill and shows that of us offered amendments that would sive and burdensome to people like her. abuse of the system by consumers is exempt people from the burdensome If we can’t scare her away, we will help not the real problem. We have now felt procedures in this bill if their finances you squeeze your high interest rates the full impact of the Bush economic were devastated by medical problems out of her for a few years longer, even decline, the broad record levels of sus- or because they were called up for mili- though she can’t possibly pay off the tained unemployment. tary duty, and they were voted down. amount she owes. We will take sides We have seen an explosion of medical Instead the bill’s sponsors introduced with companies like you and against costs, prescription drug costs, and and adopted a devious amendment that people like her. health insurance costs. We have seen they said would do what our amend- That is what this bill says. We all job after job eliminated or downgraded ment did. But, of course, it did nothing know that is wrong. How could the or outsourced. of the kind. It simply added some Senate possibly do something so im- A half million guardsmen and reserv- words about medical costs and military moral and unreasonable and unfair to ists have been called to active duty in callups in a way that did not change our constituents when they are most in Afghanistan or Iraq, leaving their fam- the real substance of the committee’s need of our help? Where are the ilies and their jobs and their small bill. vaunted values our colleagues talk businesses behind to suffer the eco- The sponsors also said our amend- about so much? Why didn’t the Judici- nomic consequences, but this Senate ments exempting those below the me- ary Committee do something about said no to the Durbin amendment. dian income from the means test were

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2202 CONGRESSIONAL RECORD — SENATE March 8, 2005 unnecessary because low-income filers Why is that lender’s loss from abuse on the bankruptcy lawyer for mistakes were already exempt. If they really so low? Because that credit union cares made in the detailed information pro- mean what they say about no means about its members, who are also its vided by the client? In Boston and testing for people below the median in- owners. It gives them a credit level ap- throughout the country, pro-bono law- come, then they should not be refusing propriate to their finances, and does yers from leading firms now lend a to accept our amendment which makes not promote across-the-board increases hand with bankruptcy filings to people that exemption absolutely clear. in credit limits. It routinely monitors down on their luck. The sponsors know Another Democratic amendment credit card debt for signs of trouble. that if this bill passes, those firms will would have placed a generous limit of When members hit hard times, the not let their lawyers do that public in- 30 percent on the interest rates any credit union does not pounce on them. terest work, because the risk will be credit card company could charge. It It looks for ways to help them out. In too high. very carefully stated that it would not short, it is a careful and responsible There is so much wrong with this bill change the status quo in States which lender, not a predatory lender. that we must take the time to get it already had lower limits. That didn’t Hello? Could this tell us something right. That is why we must have a seri- stop the bill’s supporters from claiming about the real problem here? Perhaps ous discussion and negotiation and that the bill would be an intrusion on the credit card companies who are real- amendment process. States rights because it would lift the ly pushing this bill should think again That is why we must defeat tomor- limit in States with a lower limit. about having solicitation desks every row’s cloture vote and continue to seek And perhaps the most outrageous fifty feet in the airport, offering gifts a bill that is not an embarrassment to claim of all, one which I thought was to anyone who signs up for a card. Per- the Senate and the fundamental prin- dead and buried after it was dragged haps they should think twice about of- ciple of fairness and simple justice for out in 2001, was dragged out again—a fering multiple cards to young college all. It’s wrong, deeply wrong, for the big blue chart and all—and further in- students. Perhaps they should not en- Senate to rubber-stamp the greed of flated in their debate. The sponsors re- courage people to raise their card lim- the credit card industry. peated the old chestnut that every In a few moments, the Senator from American family is paying $400 a year its recklessly or send them pre-printed checks against their accounts in junk New York will be recognized. I wanted in a hidden bankruptcy tax for abuses to add a word of support for his amend- that this bill would stop. Only now mailings. Perhaps they should not send ment. His amendment is not about they say this mysterious tax has risen monthly statements urging their cus- abortion. It is about violence. Those to $550 per person per year. tomers to pay only the monthly min- How is the original $400 number cal- imum and pile up their debt. who promote the culture of life should culated? The debts discharged from all This bill does nothing to prevent the not be encouraging acts of violence consumer bankruptcies each year are enticements that the credit card com- against any members of our society. about $40 billion. There are 100 million panies use to run up their profits. It There is no legitimate reason to oppose families in the United States. There- does nothing to prevent the real abuses this amendment. Those who break the fore, those consumer bankruptcies of the system by those who use unlim- law through violence and intimidation must be costing each family $400 per ited homestead exemptions or ‘‘protec- should not have bankruptcy as a family. But this phony math assumes tive’’ trusts to hide tens of millions of shield. that every dollar discharged in bank- dollars from the bankruptcy process. Finally, in a vote later this after- ruptcy, 100 percent, could have been We still have time for common sense noon, the Senate will declare its true collected in full, if not for the massive amendments on all of these issues, but loyalties. Do we stand with low- and abuse of the system by every consumer unless there is a change in direction, middle-income families who fall on who goes bankrupt. Republican party discipline will be in- hard times, or do we stand with the It assumes that the credit card com- voked to defeat them. credit card companies looking for high- panies and payday lenders and other In fact, the present bankruptcy sys- er and higher profits at any cost? If we lenders who collect this debt under the tem has an effective way of dealing are true to our values, we will stand bill would somehow distribute it to all with real abusers. Bankruptcy judges with America’s families and defeat this 100 million American families instead can and do deny the petitions of those bill because above all else, America of keeping it for themselves. Obvi- who have defrauded or abused the stands for freedom and fairness and op- ously, neither of these assumptions is bankruptcy process. The corporate portunity. There is nothing fair about true. Even the bill’s supporters have sponsors of this bill know that, but a single parent struggling to make long ago conceded that the maximum their real motivation is only partly to ends meet only to be gouged by credit conceivable amount recoverable from squeeze millions more dollars from the card companies with double-digit rates. the consumer bankruptcies is about 10 people who do get into the bankruptcy There is no freedom in falling ill with percent of the total. Other estimates system. cancer and facing a mountain of med- conclude that the real number is a The more insidious purpose of this ical bills only to be hounded by credit small fraction of that. bill is to frighten people away from the card companies to pay them first. We don’t have to guess what a re- system altogether, by making it so And what is fair when an average sponsible lender’s loss from bankruptcy burdensome and expensive, that they American who has done everything abuse might be. The lead-off pro-bill delay filing for bankruptcy or never right still has to go alone into bank- witness at our hearing on the bill was file. That way, the predatory lenders ruptcy court and stand up against the the head of the Wisconsin community can continue to collect excessive inter- big credit card companies and all their credit union, testifying for the na- est and fees and penalties month after might and try to make a fresh start? tional credit union lobby. He told us in month from people who cannot afford I am reminded of the words of Leviti- the last 9 years his credit union has to pay them. cus in the 25th chapter which reads: If had an average of 10 bankruptcies a What this bill does to catch the very one of your brethren becomes poor and year from 11,000 members. He esti- small number of potential abusers— falls into poverty among you, then you mated that the 9-year loss from abu- most of whom can be caught and shall help him, like a stranger or a so- sive cases was $15,000 to $75,000, with screened out under the existing sys- journer, that he may live with you. the higher figure based on an unlikely tem—is to impose huge new paperwork Take no usury or interest from him, assumption of 15 percent abuse. His and filing and counseling and other but fear your God that your brother credit union’s loss from possible abuse barriers on all those who seek to enter may live with you. You shall not lend spread across its entire membership the system, whether they are above or him your money for usury nor lend him was 15 to 74 cents a year per member— below the median income level, and your food at a profit. not per every family in his county or whether or not there is the slightest One glance at the story of Fatemeh state, but just his members. Yes, a real indication that they are trying to Hosseini shows that even when you try 15 cents instead of the mythical $400 game the system. your hardest to repay your debts, you dollars we have heard about for years Why else would the bill place such are met by the cold, cruel world of the on this floor. strict and intolerable personal liability credit card companies. With our vote

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2203 this afternoon, we have an opportunity 12:15 p.m. will be equally divided for de- Mr. SCHUMER. Mr. President, I hope to live up to the words of Leviticus and bate. everybody will pay attention to this our basic values as Americans and vote Does the Senator offer the amend- debate, which has been going on inter- against this bill. ment? mittently in the Chamber for the last 4 The PRESIDING OFFICER (Mr. VIT- AMENDMENT NO. 47 or 5 years. Not much has changed, ex- TER). The Senator from Illinois is rec- Mr. SCHUMER. Mr. President, I offer cept the votes of some of my col- ognized. the amendment, and I ask unanimous leagues, if you can believe the press re- Mr. DURBIN. Mr. President, I thank consent that Senator FEINSTEIN be ports. the Senator from Massachusetts for his added as a cosponsor to the amend- Let me start by saying I believe in leadership on this legislation. The bill ment. bankruptcy reform. It is very wrong for we are considering today, S. 256, is the The PRESIDING OFFICER. Without people to abuse the code. But reform bankruptcy reform bill. For American objection, it is so ordered. should be across the board, it should be families who have been absolutely dev- The clerk will report. applied fairly. It should not be just for astated by medical bills, by loss of jobs The assistant legislative clerk read some interests. When some interests from outsourcing of jobs overseas, by as follows: are abused, we legislate on that, but family circumstances beyond their The Senator from New York [Mr. SCHU- when other interests are abused, we do control, this bill makes it more dif- MER], for himself, Mr. REID, Mr. LEAHY, Mrs. not. It should not sweep under the rug ficult to go to bankruptcy court to put MURRAY, and Mrs. FEINSTEIN, proposes an people who have real needs, as the whatever they have on the table and to amendment numbered 47. amendments of some of my col- try to start anew. It was written by the Mr. SCHUMER. Mr. President, I ask leagues—the Senator from Massachu- financial industry, by credit card com- unanimous consent that further read- setts and the Senator from Illinois— panies, and big banks in an effort to ing of the amendment be dispensed have tried to address. A reform bill make certain that people in debt never with. should not contain a trove of treats for get out of debt. They want to make The PRESIDING OFFICER. Without some supposed victims of the system, certain that debt will hound you and objection, it is so ordered. such as banks and credit card compa- trail you for a lifetime. The amendment is as follows: nies, but leave others shivering in the When Senator KENNEDY offers an (Purpose: To prohibit the discharge, in bank- cold. amendment and says should we not at ruptcy, of a debt resulting from the debt- For this reason, the bankruptcy bill least say to people who have been dev- or’s unlawful interference with the provi- before us today does not do the trick. astated by a medical crisis in their sion of lawful goods or services or damage It has many deficiencies and, to my family and go through bankruptcy that to property used to provide lawful goods or mind, a glaring, gaping hole. While the services) they will have a roof over their heads, bill supporters give lipservice to fair- On page 205, between lines 16 and 17, insert that we will protect their home for the following: ness, they have carved out a loophole $150,000 worth of value, the Republicans SEC. 332. NONDISCHARGEABILITY OF DEBTS IN- for those who use violence, for those on this side of the aisle said no. They CURRED THROUGH VIOLATIONS OF who seek to use bankruptcy for a pur- should put that home up, lose it if nec- LAWS RELATING TO THE PROVISION pose it was never intended. It is a loop- essary, if they want to file for bank- OF LAWFUL GOODS AND SERVICES. hole that I cannot live with, and, once ruptcy. Section 523(a) of title 11, United States upon a time, in a different world, the Code, as amended by this Act, is further I offered an amendment that said amended— vast majority of Senators agreed with what about the Guard and Reserve (1) in paragraph (18), by striking ‘‘or’’ at me and voted to close this loophole. units, men and women who are serving the end; Most of you are already familiar with overseas leaving behind businesses that (2) in paragraph (19), by striking the period this provision. After all, most of you go bankrupt? Should we not give them at the end and inserting ‘‘; or’’; and have voted for it before. Indeed, this is some consideration in this bill? Should (3) by inserting after paragraph (19) the fol- identical language; there is not a single not the harshest aspects of this bill not lowing: word change in this amendment, the apply to men and women in uniform ‘‘(20) that results from any judgment, Schumer-Reid amendment, from the order, consent order, or decree entered in amendment that was added to the bill serving our country? The Republican any Federal or State court, or contained in side of the aisle said no; apply the law any settlement agreement entered into by a few years ago. This identical lan- as harshly as possible to these soldiers the debtor, including any court ordered dam- guage was contained in the com- as you would to everyone else. ages, fine, penalty, citation, or attorney fee promise bill we have heard so much Time and again, as we have offered or cost owed by the debtor, arising from— about this past week. amendments to try to stand up for ‘‘(A) an action alleging the violation of any Along with Senator REID, I am re- those who were struggling in America Federal, State, or local statute, including introducing the provision that would to get by in a tough economy, in dif- but not limited to a violation of section 247 close this loophole once and for all. I or 248 of title 18, that results from the debt- ficult times, facing family disasters, am pleased that Senators LEAHY, FEIN- or’s— the Republican side of the aisle said it ‘‘(i) harassment of, intimidation of, inter- STEIN, and MURRAY are also cosponsors is more important that the credit card ference with, obstruction of, injury to, of the amendment. companies get another dollar from threat to, or violence against, any person— Put simply, the Schumer-Reid those families. It is more important ‘‘(I) because that person provides, or has amendment would end the ability of that the banks prevail. Even if the provided, lawful goods or services; violent extremists to hide behind bank- loans they offered in the first place are ‘‘(II) because that person is, or has been, ruptcy laws to escape court-imposed illegal, we have to stand by the credit obtaining lawful goods or services; or debts. The amendment is very simple: industry. ‘‘(III) to deter that person, any other per- If you use violence or the threat of vio- son, or a class of persons, from obtaining or lence to achieve a goal, a political The credit industry will win this bat- providing lawful goods or services; or tle. American families, American sol- ‘‘(ii) damage to, or destruction of, property goal, and you are successfully sued—as diers, and those struggling with med- of a facility providing lawful goods or serv- you should be—by the person or per- ical bills will be the losers. ices; or sons you have used violence against, I hope before this bill is completed ‘‘(B) a violation of a court order or injunc- you cannot then go back home to a that a few basic amendments that show tion that protects access to— bankruptcy court and say, protect me. common decency and common sense ‘‘(i) a facility that provides lawful goods or Has anyone who ever envisioned the will prevail. services; or bankruptcy law felt that it should be I yield the floor. ‘‘(ii) the provision of lawful goods or serv- used to protect those who use violence ices. The PRESIDING OFFICER. Under or threats of violence? I doubt it. the previous order, the hour of 10:15 Nothing in paragraph (20) shall be construed There is talk by some of ‘‘peaceful to affect any expressive conduct (including a.m. having arrived, the Senate will peaceful picketing or other peaceful dem- protests.’’ As I will talk about later, proceed to the consideration of amend- onstration) protected from legal prohibition the bill explicitly protects peaceful ment No. 47 to be offered by the Sen- by the first amendment to the Constitution protests but not violence or the threat ator from New York. The time until of the United States.’’. of violence. It doesn’t matter if you are

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2204 CONGRESSIONAL RECORD — SENATE March 8, 2005 an extremist in the pro-life movement and that is not what our constituents whelmed. But the right to sue opened or the animal rights movement or any sent us here to do. It would be a trag- up these clinics and, once again, the other movement; if you believe you are edy if that sort of marching-in-lock- constitutional right, available volun- so right that you have the ability to step attitude affected the Schumer- tarily to women. take the law into your own hands and Reid amendment. No woman is forced to avail herself of threaten others and do violence to oth- Let me take a minute to describe the this right; it is choice. That is what it ers because your knowledge and feel- history of this amendment, to refresh is all about—choice. Your beliefs may ings are superior to everybody else’s, the recollection of many of my col- be different from mine, but I respect you are wrong. That is not American. leagues who may have forgotten it. Let yours; I hope you respect mine. I am Again, you should not be allowed to me tell you what happened. Of course, not imposing mine on you, and you use the Bankruptcy Code to protect Roe v. Wade was passed by the Su- should not impose yours on me, par- yourself from a rightfully imposed civil preme Court in 1973. Many opposed Roe ticularly when they are deeply held re- remedy. v. Wade; they felt it was against their ligious beliefs. That is America. This amendment could really be religious beliefs. I respect those reli- So the clinics were open again. Many called the Schumer-Reid-Hatch amend- gious beliefs. A large movement of proof these violent protesters sort of faded ment because in 2001 Senator HATCH tests developed, the vast majority of away. They realized the legislatures sat down with me and together we which was peaceful. The former bishop were going to keep the Roe v. Wade worked out this compromise. We in my home of Brooklyn would stand in law, that they could not succeed in worked out this precise language in a front of a clinic every week and pray overturning it. If you believe the polls, bipartisan fashion over 4 years ago. the rosary. That is an American thing over 60 percent of Americans support There is only one difference—that since to do. That is a peaceful protest. But the right to choose. They had turned to we worked out this compromise, which there were some—an extreme few—who violence and threats of violence, and a large number of colleagues on the decided that they were so right, that now the FACE law had stymied them other side of the aisle supported, in- what they heard from God prevailed in that decidedly un-American way to cluding those who disagree with me on over what anybody else heard from enforce your views or effect your views. the issue of choice, we have found that God, and that they should take the So we offered an amendment. I skipped one point. Some of the a small group in the House has been issue into their own hands. Some used more militant of these groups—the able to block the bill if it had this the methods of blockade, passive re- militant of the militant—came up with amendment in it. There is no reconsid- sistance. Others went further. They a new way to avoid these civil suits would put acid on clinics that would eration of the merits of the amend- that the FACE law allowed. They said: ment. There is no argument made render them useless—a destruction of Go back and declare bankruptcy once against the amendment that hasn’t personal and private property, if there you are sued, and then they cannot been made before and rejected over- ever was. They would threaten doctors. pursue the money judgment used whelmingly by this body. It is simply They would follow their children going against you. This was made particu- allowing a small few in the other body home from school and harass them. In- larly difficult because most of the to dictate what we are doing here. humane. They would even encourage groups that used violence or threats of If reason and logic prevail, this people to kill doctors. We know doctors violence were not indigenous. They amendment would be considered among who were killed. were not from the local community. the least controversial and most sen- This protest movement was largely There were a lot of people against the sible fixes to the current bill. If bipar- successful. It shut down about 80 per- clinics in the legal community, but tisanship and consistency were the cent of the clinics in America. There they, like most Americans, effected order of the day, this provision, which were some States and many counties their views peacefully. But these were was unceremoniously stripped from the where a woman who was seeking her sort of roving bands of groups from current bill, would pass again over- own right to choose would not get that across the country. They would be sued whelmingly. The bill is intended to right, and, as a result, a number of us successfully, and then they would each curb abuses of the Bankruptcy Code. worked on a law—I was a sponsor in go back to their home jurisdiction and But why are we curbing abuses when the House, and I believe Senator BOXER file for bankruptcy. the victim is a credit card company or was a sponsor in the Senate—that It was impossible for these clinics, a bank but not anybody else? Why not would give the clinics that offered peo- most of which were small and not ter- also when the victim is a woman purple a way to effect their right to choose ribly well funded, to then file after suing her constitutional rights? Does some help. The law made it a Federal they won the first suit—a burden that woman have any less rights than a crime to use violence or the threat of enough to them. They should not have bank or credit card company, or a doc- violence against clinics. That was nec- had to do it. It should have been the tor pursuing a living, doing what he be- essary because you had large jurisdic- Federal Government or the local gov- lieves is right and what is allowed by tions where the elected sheriff said, I ernment enforcing the law. But they law, according to the Supreme Court will not enforce the law, taking mat- went back home, declared bankruptcy, and enshrined in the Constitution, and ters into his own hands. and the clinics were not able to pursue this doctor tries to prevent people from As we were discussing what to do each of those suits in their home hounding his children, from threat- with this bill, I remember a meeting in States. ening them with violence, and then you New York, and a young woman from An example is that of the notorious say, no, we are going to protect the one of the defense funds that represent Nuremberg files case that took place in credit card companies and the banks women said: Why don’t you include the Portland, OR. The defendants created, but not that doctor, not that woman; is right to sue, so if the Federal Govern- in that case, a Web site that collected that fair? Is this bill fair and balanced? ment is unwilling or slow and cum- personal information about providers We want to reform bankruptcy; there bersome in protecting this Federal of abortion, clinic staff, law enforce- are abuses. But why are we only re- right, the clinic could sue. We put it in ment officials, judges, and even Sen- forming the abuses that affect some the bill as an afterthought, but it real- ators. The site listed the names of and not others? Why are we only rely proved to be the hope and the salva- those wounded in gray type and for forming the abuses that affect some of tion of the clinics because they began those who had been killed—including the most powerful interests and not to sue those who would blockade them Dr. Barnett Slepian in my State who those who are weaker or more helpless? when police forces would not enforce was murdered in front of his family in In the current climate, I am sad to the law. 1998—they crossed out the names, as if say that there appears to be an edict There was Dobbs Ferry in New York, they had achieved something good. from the leadership on the other side where they wanted to enforce the law. Doctors and their families targeted to vote down every amendment, no They had a police force of three, and by this Web site had to wear bullet- matter what its wisdom for efficacy. hundreds of people were protesting vio- proof vests, install security systems, That is not what the Senate is about, lently and blockading—not peace- and take other precautions. As one wit- that is not what America is all about, fully—and the police force was over- ness testified before the Judiciary

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2205 Committee, speaking of the targeted the clinics but dealt with anybody who publicans supported it. Virtually all of doctors: would use violence or the threat of vio- my Republican colleagues now on the They are not secure in their homes or in lence in the same way—blockades, Judiciary Committee, including some their offices. They do not sit by windows in arson, whatever. They, too, if they had leading pro-life Senators, supported restaurants, and they even refrain from hug- a judgment against them, could not go it—Senators HATCH, GRASSLEY, KYL, ging their children in front of open windows. to bankruptcy court and successfully and SESSIONS. I take off my hat to Can you imagine? Under the FACE ask for protection. them. They were being fair. I am sure law, the victimized doctors sued these The amendment we have does not they received a little pressure: Don’t violent radicals who would threaten mention the word ‘‘abortion’’ or do this. Maybe there were some winks: them. Judges and juries sided with the ‘‘choice.’’ It simply talks about anyone Hey, maybe this violence is OK because victims and issued verdicts. For exam- who uses violence. It would be applied we feel so passionately about an issue. ple, there was a $109 million verdict with equal force and vigor to animal But they stood up. To their credit, against the Nuremberg defendants. In rights activists, to the environmental these Senators, even though they are another case, Operation Rescue Presi- extremists in the ELF movement. It staunchly pro-life, were reasonable and dent Randall Terry ran up $1.6 million only affects, frankly, those on the far sensible about the issue. in fines on account of his acts of clinic right or the far left who believe they Then on March 15, 2001, a bankruptcy violence. But did these violent extrem- are so morally superior to all of us that bill, largely identical to the one before ists pay up? No. They instead filed for they can avoid this constitutional de- us today, except that it had the Schu- bankruptcy to avoid responsibility for mocracy and, with violence, take ac- mer-Reid-Hatch language in it, passed their heinous acts. In fact, many of tions into their own hands. Anyone in the Senate by a vote of 83 to 15. Only these public defendants publicly who violently or misguidedly blocks two Republicans voted against it, and bragged about being judgment proof access to services, whether in the name that was for reasons other than this and thumbed their noses at their vic- of the pro-life movement, the animal amendment. tims, forcing years of protracted litiga- rights movement, the environmental Then, of course, the bill was sent to tion. movement, or any other movement, the House. It looked like as if would Randall Terry, for example, blithely would lose the ability to hide behind pass. I supported the bill with this filed for bankruptcy to avoid paying the Bankruptcy Code. amendment in it. I have always said I his debts. And the Nuremberg file de- It would apply equally. It did apply will be for the bill with this amend- fendants forced bankruptcy litigation equally to pro-life extremists and ment because I think this amendment for years in six different jurisdictions ecoterrorists, one on the far right and is so important, even though I am not to avoid their debts. Some of the ex- one on the far left. Indeed, if militants happy with other provisions in the bill. tremist groups even recruited people in the pro-choice movement should I am, frankly, less happy today with and had as a criteria for admission to block a facility that was pushing absti- the other provisions in the bill. the group that you make yourself judg- nence, it would apply to them, too. If The bill was sent to the other body, ment proof. One radical group, for in- violent atheists blocked access or and a fight ensued within the Repub- stance, the American Coalition of Life burned down a church, it would apply lican caucus. A large number, probably Activists, drafted its Constitution to to them. It applies to anybody who a majority of the Republican caucus, state that members of the organization uses violence and then seeks protection wanted to support the bill, but a small ‘‘must have their assets protected from of the Bankruptcy Code. number who were the most fervent in possible civil lawsuits (judgment This amendment is not about abor- their pro-life beliefs said no bill. The proof).’’ tion, as its critics attack it. It did have Republican leadership in the House As one can imagine, with these tac- its origins there because that is where said since this divides our caucus, even tics, it took years to enforce the judg- violence was used, but now, after the though a vast majority of the House ments against these violent radicals, Schumer-Hatch compromise, it is an would have supported the legislation, and victimized doctors, families, and amendment simply about the rule of in my judgment, they pulled the bill. clinics could not get the justice they law, something everyone of any polit- So now we are back to where we are deserved. We all know that the wheels ical party, of any political belief who is today. We have basically the same of justice are sometimes too slow, but an American—when you swear your compromise as last year but without tactics such as this made a mockery of loyalty to the Constitution of the the Schumer-Hatch compromise. All I our system. United States, you are basically swear- am doing today is adding that com- So when the bankruptcy bill came ing loyalty to the rule of law. promise word for word. Again, not a before the Senate back in 1999, I offered Let me underscore this: It does no comma, jot, or tittle has been changed an amendment to stop this awful abuse harm, none, not 2-percent harm, not 1- in the bill. of the system. It made sense. It was percent harm, not .1-percent harm; it I have watched while amendment not adding a new issue to the bill. The does zero harm to legitimate protesters after amendment offered by Demo- bill was supposed to deal with abuses of who do not engage in violence or cratic Senators to end abuses and close bankruptcy, and if there was ever an threats of violence. The amendment loopholes has been beaten back because abuse of bankruptcy, what these vio- expressly states that ‘‘nothing in this of an edict that this ‘‘negotiated com- lent extremists did was an abuse of the provision shall be construed to affect promise’’—not negotiated certainly bankruptcy law. No one, when they any expressive conduct, including with many of us on this side—should be wrote the bankruptcy law, thought the peaceful picketing or peaceful dem- delivered pristine to the House. Randall Terrys of the world deserved onstration, protected from legal prohi- Republicans defeated an amendment protection. bition by the first amendment to the to protect veterans because it was not When I offered the amendment, Sen- Constitution of the United States.’’ If part of the compromise. That was of- ator HATCH and others—some pro- you protest peacefully, you are pro- fered by the Senator from Illinois, Mr. choice, some pro-life—came to me and tected. If you use violence or the DURBIN. For example, a National Guard said: Why are we singling out pro-life threat of violence, you are not. That is man or woman, a reservist sent over- activists who engage in violence and the American way, and we made it seas does not make the same money take the law into their own hands? clear. they made before, and maybe they have What about other extremists who People who are against this amend- to go into bankruptcy. Do we want to abuse the Bankruptcy Code by using ment say it stands in the way of peace- come down like a hammer on these violence or the threat of violence? ful protests. I ask them to cite me a people the same as we would come They were right. So we sat down. We single example where that has hap- down on somebody who squandered had a fruitful discussion. From this, pened. It has not. whatever money they had in Las Vegas Senator HATCH and I worked out a This was a fair amendment. It ap- gambling? Absolutely not. But the compromise with which everyone could plied to anyone who used violence to amendment was defeated. live. We hammered out an amendment effect their means and, in over- There was an amendment that was that was not particular to the issue of whelming numbers, Democrats and Re- defeated to protect victims of identity

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2206 CONGRESSIONAL RECORD — SENATE March 8, 2005 theft. I believe that was done by my they are voting against the funda- argued, for the amendment that we are colleague from Florida, Senator NEL- mental way we do things in America. If debating today. The leadership on this SON, because it was not part of the they vote against this amendment, side of the aisle said, OK, we will ac- compromise. many of my colleagues are voting except it. I realized that it was problem- Senator KENNEDY has eloquently spo- actly the opposite of what they did a atic for a number of reasons. I opposed ken of those who have to go into bank- few years ago. I ask my colleagues not the amendment, but it passed, and ruptcy because they do not have ade- to change their vote because of polit- without a whole lot of objection, I sup- quate health insurance or any health ical expediency. If my colleagues turn pose, from this side. The truth is it insurance, and they are putting their their back on this amendment now, it then became the single factor in the every last nickel to save their husband will be a turnaround, an about-face, on House’s rejection of the bankruptcy or their wife or their mother or their fairness, on reform, and on bipartisan- bill, a bill that passed this body by a father or their child. Again, no protec- ship. vote of 83 to 15. It was really a remark- tion. As I have said, this is not pro-choice able sort of event. An amendment I offered which said or pro-life. It is pro rule of law and it Let me just say a few things about millionaires could not abuse the code is antiviolence. No matter how strong- the bankruptcy procedure. It has long by setting up a trust and putting all ly people feel—and I respect people’s been a fundamental principle of bank- their assets in this trust and then de- passions; I respect their passions ruptcy that while a bankrupt indi- claring bankruptcy and shedding them- whether they come from religion or vidual may bankrupt against their law- selves of debt also was not allowed be- politics or anything else—the greatest ful debts, wipe them all out, and pay cause of the compromise. danger our Republic faces is apathy, so none of those debts, it has always been Mr. President, do you know what was people who feel passionately are good. the law that a bankrupt may not dis- part of the original compromise? The Because someone feels passionately, charge, may not wipe out, erase the Schumer-Reid amendment or, more they should not be allowed to take the debts that they incur as a result of incorrectly, the Schumer-Reid-Hatch law into their own hands and then hide tentional or willful misconduct. amendment. Yet this provision was like a coward behind the bankruptcy If a debtor lists debts that arise from an intentional wrong against someone, stripped from the current bankruptcy law. the trustee in bankruptcy or a creditor bill. Just as we are trying to end the or any of the creditors can object to If Senator HATCH continues to sug- abuses of the bankruptcy law when it gest we should honor the grand com- affects banks, we should also end that discharge, and they would note promise from last time and not change abuses of that law when it affects vic- that it should not be wiped out, it should not be discharged, because it is it, then let’s do it for everybody. Let’s tims of violence. It is vital that we a debt that arises from a willful, not just take out this provision. make the law perfectly clear that debts What, I ask, has changed since the incurred by violent extremists who wrongful act. The court then considers that and de- bill of this language passed by a vote of take the law into their own hands are termines whether or not the debt 85 to 13? Absolutely nothing. It was a nondischargeable, and that is all this should be wiped out and whether or not good law then, it is a good law now. On amendment does, no more or no less. If it was a debt that arose from a non- what basis can my colleagues now op- we do not, individuals and organizations seeking to shut down public fa- dischargeable reason like willfulness. pose the Schumer-Reid amendment be- Senator SCHUMER’s amendment says cause it targets, among others, those cilities, whether they be clinics, power- plants or animal laboratories, will con- that willful violators of abortion clinic who take the law into their own hands protest prohibitions, and really a lot of to oppose a woman’s right to choose? tinue to force victims of clinics and other violence into a world of perpetual other protestors, it appears to me— That is nonsense. Senator REID is the maybe unions, civil rights, environ- lead cosponsor of the amendment, and litigation by using the Bankruptcy Code as it was never intended. mental, I think he has said that they he is pro-life. And as I have said, the are covered here—he says that if will- language is not particular to abortion. I ask my colleagues to support this amendment. Most of them did once and ful violators of abortion clinics and Let me ask my Republican col- these others included in his bill are leagues a question. I hope they are lis- they should do so again. I reserve the remainder of my time, sued and a judgment is rendered tening: Would my Republican col- against this protestor under Federal leagues oppose a broadly worded mur- and I suggest the absence of a quorum. The PRESIDING OFFICER. The law, then automatically those judg- der statute because, among other clerk will call the roll. ments are not subject to discharge; the things, prosecutors could bring charges The assistant legislative clerk pro- court does not review it; they remain a against someone who killed a doctor ceeded to call the roll. debt of the protestor for their life, and who would provide abortion services? Mr. SCHUMER. Mr. President, I ask they can be pursued by collection at- Would they oppose a neutrally drafted unanimous consent that the order for tempts for as long as that debt exists, arson statute because men and women the quorum call be rescinded. and it can be for some time. who burn down health clinics might The PRESIDING OFFICER. Without What we do know is this: Abortion come under its ambit? objection, it is so ordered. clinic protestors have been sued for There is no moral reason, no legal Mr. SCHUMER. Mr. President, my misbehavior at abortion clinics under reason, no logical reason, for Senators colleague from Alabama is in the the FACE Act. Some of these people who once overwhelmingly supported Chamber. I was going to ask that the have been relentless in their actions this language to now oppose the Schu- time be equally divided as we were in and have acted repeatedly in violation mer-Reid amendment. Some of my col- the quorum call and not charged to of law, and they have been sued. Judg- leagues have said they are still in favor myself, but if my colleague from Ala- ments have been rendered against of this amendment but do not want the bama is taking the time, then that is them. Most of them do not violate the entire bankruptcy bill to be held up be- moot. law. As the Senator has said, the arch- cause of it. My purpose is not to hold The PRESIDING OFFICER. The Sen- bishop prays the rosary and conducts up the bankruptcy bill, and I think my ator from Alabama is recognized. lawful acts, demonstrating his concern colleagues on the other side who Mr. SESSIONS. I thank the Senator over the taking of what I consider to be worked with me over the years on this from New York. As someone who has life by the abortion act, and this is a bill understand that. My purpose is to worked hard on this bankruptcy legis- free country and they are allowed to do preserve the rights of those who seek lation for the 8 years I have been in the that. But there are certain things that to do constitutionally protected acts in Senate, I have learned a political les- one cannot do in that protest, and a the face of violence. son that no matter how much bipar- number of people in the past, a lot So I ask my colleagues to please tisan support a bill has, how much mo- more than is currently happening, think about what they are doing. If mentum it has, how needed it is, things frankly, violated those prohibitions of they vote against this amendment, can go awry. the FACE Act. They have been sued they are voting against the rule of law. In the last passage of this bill, Sen- and judgments have been rendered If they vote against this amendment, ator SCHUMER offered, and aggressively against them.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2207 We also know that some of those bill. So I think that is why the Senator What is the practical reason? The protestors who had judgments rendered says I and others voted for it. A lot of House of Representatives rejected this against them went to bankruptcy court people voted for the bill on final pas- bill the last time for the sole reason of and sought to wipe out their debts and sage that may not have voted for the the Schumer amendment. It is unbe- not pay these debts for their protests, amendment on the floor. lievable. As much as we had in this to discharge them from bankruptcy. Regardless of that, the question is, bill, all the pages of this legislation, Finally, we know that under the cur- now what should we do? I would just one little amendment killed this legis- rent law, and under the law that is in note that there are a number of rea- lation, an amendment that I believe is the bankruptcy bill that is moving for- sons why I think this should not be a bad policy, certainly not necessary, ward today, it has not changed on this part of the bill. First, as I have noted, and I submit could result in killing point. That law prohibits the discharge these protestors have lost every single this legislation again if we move it for- of debts arising from willful acts. In case in which they have sought to dis- ward. every single case that the courts have charge debts arising from judgments So let’s not do it. Let’s not do this. considered petitions for discharge, in under the FACE Act. The current Let’s not go beyond the bill that we these abortion FACE Act violation bankruptcy law and this bill will say have now, that came out of the Judici- cases, the bankruptcy court has re- flatly that such debts are not dis- ary Committee with a bipartisan vote, fused to discharge the debt. They say, chargeable if the injury is the result of an overwhelming vote out of the Judi- no, it was a willful act and you cannot a willful, malicious act, as these viola- ciary Committee to come to the floor discharge it; you still owe it. And the tions for the most part are. without the Schumer amendment in it. abortion clinic plaintiff or doctors or So, first, it is not necessary, and I Let’s not add this amendment and whoever is victimized can continue to would again note that the bill covers jeopardize the passage of the bill. pursue collection wherever they go. more than just abortion protestors. Let’s not add this amendment and They can file garnishments against There could be any number of perhaps take a step, I submit with all people’s wages, file judgments against protestors. I think about the situation seriousness, that could curtail protests their property and pursue them aggres- where maybe somebody from Alabama and freedom of expression in America. sively and steadfastly to collect that goes up to the southern district of New Sure the protesters have lost every debt. That is what the law has said York and gets sued up there and a big time. I believe they should have lost every single time, and there is not judgment is rendered against them for every time under the law. But there much dispute about that. I do not taking a position unpopular in New may be some times, under some of think the Senator from New York York or maybe, as has happened in the these provisions of Federal law, that would dispute that. past, people from New York have come could result in judgments that legiti- By his amendment, the Senator from down to Alabama and have been in- mate protesters were simply standing New York, because of his concern over volved in protests and could have judg- up under hostile circumstances in a these very few cases, frankly, but he is ments rendered against them in local hostile jurisdiction for what they truly concerned about it and has raised the courts. So the Senator would say that believe in, and then the bankruptcy issue a number of times, has managed, under no circumstances, when that judge has no ability whatsoever to pro- as a result of his successful passing of judgment were to appear on a dis- hibit this judgment from sticking that amendment on this Senate floor 2 charge petition in bankruptcy court, against them perhaps for the rest of years ago, to cause the bankruptcy bill would the court have any authority to their lives. look behind it. This Federal bank- I don’t know. and all of its important parts to actu- I don’t think the law is failing in this ally die and not become law because ruptcy judge would have no authority to look behind this judgment to see if regard, and I do not think the law is the House refused to accept it. Because being abused in this regard. I think it of his concern, I know he has offered it was willful or intentional as the current law and the law has always been is being handled well. We do not need this again. this amendment for the reasons I stat- What he would want to say, and what in bankruptcy, to my recollection, ed, and for other reasons, frankly, that pretty much from the history of bank- his amendment says, I think fairly I will not state at this time. stated, is that a protestor and not just ruptcy law. He would not look behind I urge the rejection of the Schumer abortion clinics but any number of it and he would decide automatically it amendment and note with pleasure is a judgment not dischargeable. I am protestors who are sued under Federal that Senator HATCH, the former chair- law, and a judgment is rendered not sure that is good policy. I am not man of the Judiciary Committee, now against them, Senator SCHUMER would sure we want to do that. As a matter of a senior Republican member of it who want to make that judgment automati- fact, I do not think it is. I think the has worked on this legislation since cally not dischargeable, automatically current law works. We should not do the beginning, is on the Senate floor. I without review by the court or any ex- this. The Schumer amendment is bad am pleased to yield to him. amination of the facts of the situation, policy. I disagree with it. I do not Mr. HATCH. I thank my colleague. to say it should not be discharged and think it is the biggest deal in the en- The PRESIDING OFFICER (Mr. will remain a permanent debt of the tire world, but I think under the legal SUNUNU). The Senator from Utah. protestor. system and the principles of this bill, Mr. HATCH. Mr. President, I appre- I know the Senator said we all voted we would be better off allowing the ciate the remarks of my colleague. As for this and there was some sort of bankruptcy court to consider these usual, he has done a very good job in agreement. I really do not think there debts and examine them to make sure outlining what is involved in this was an agreement about this. As I re- they meet the standards of discharge. bankruptcy bill, and I believe he de- call, it came up in the Judiciary Com- There is a big practical reason. This serves a lot of credit for the hard work mittee. Chairman HATCH was trying to bill has passed the Senate four times he has done on the floor. move the bill forward, as he frequently by an overwhelming vote. One time I Mr. President, comes now the Schu- does, and allowed it to become accept- think it was 97 to 1. It has been marked mer amendment or, should I say, comes ed by a voice vote without any big to- up in the Senate Judiciary Committee again the Schumer amendment. I rise do. It came up to the floor and was de- four times, and it has not been lightly to speak in opposition to this amend- bated again, and a decision was made considered on the floor of the Senate. ment. Been there. Done that. In fact, I that we would just allow it to pass. It It has been the subject of hours and have been there and done that a few was not that big a deal as people saw it hours and days of debate. We are al- times. at the time. ready into the second week on this bill. I have been around here long enough I opposed it. I did not feel good about After all the debate and all the hoopla to know a poison pill when I see one. targeting these kinds of cases. I we have had, and so many other issues, And make no mistake about it, this thought that the current law was ac- we continue to pound away at this leg- has become a classic poison pill amend- ceptable and we should not go in this islation for reasons that I am unable to ment. direction, but it passed and I voted for fathom. But we are moving forward. I I have worked in good faith for sev- final passage of the overall bankruptcy believe we will pass it again. eral years to attempt to neutralize the

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2208 CONGRESSIONAL RECORD — SENATE March 8, 2005 counterproductive effects of this been fined for harming a person or lem. This is actually confirmed by the amendment. But no matter how we try property in connection with any un- most recent testimony of my colleague to adjust the language, we cannot over- lawful protests against, or attacks on, from New York’s star witness on this come the basic flaw in the amendment: abortion clinics, has had any subse- subject, Maria Vullo. The Schumer amendment is a solution quent fines or financial penalties dis- Way back when this amendment was in search of a problem. charged through bankruptcy. At our first suggested back in 1998 or 1999, sev- I oppose this amendment. It is no se- markup of this legislation in February eral cases were still pending. But now cret that I am genuinely fond of the of 2001—more than 4 years ago, Senator these cases have been resolved. And in senior Senator from New York. While I Schumer said in justification of the every instance, the courts have refused frequently disagree with him on issues, amendment: a discharge of these debts. I respect enormously his political . . . this is a vital amendment. I am not In answer to a question of Chairman skills. going into all the details . . . I will not cata- SPECTER in connection with the Judici- Even when from my perspective he is logue them except to tell you that when ary Committee’s last hearing on bank- wrong—such as the leadership role he Maria Vullo testified and anyone else did, ruptcy reform, held only 3 weeks ago, they said without the Schumer Amendment has played in organizing the first per- Ms. Maria Vullo acknowledged that she manent filibusters of majority-sup- we would go back to the days before 1994 when the clinics were closed by some who was ultimately successful under cur- ported judicial nominations—I know had felt . . . that they were more moral than rent law in all six bankruptcy courts that he always tries to act in a heart- the rest of us.... where she acted to help prevent such felt manner that advances his political Certainly that prophesy has not improper bankruptcy discharges of agenda. come to pass in the 4 years subsequent abortion clinic-related fines. We have been able to achieve com- to the time that Senator SCHUMER There you have it. The primary liti- promises on many issues over the made that statement back in 2001. gator in these cases testified that she years. Senator SCHUMER and I have I am unaware of a systemic shutdown has won in all of her cases under exist- worked together on many crime issues. of the network of abortion clinics in ing law. This should help lead us to the For example, we have worked on lan- this country over the past four years. conclusion that there is no compelling guage pertaining to the designation of Nor am I aware of any evidence of the legal reason to change the law. There high-intensity drug trafficking areas. use of the bankruptcy code as a mecha- is an old saying: If it ain’t broke, don’t Over a period of years we have tried nism of escaping financial responsi- fix it. to work together on the subject matter bility for acts of violence against abor- We are not talking just belts and sus- of the pending amendment to the bank- tion clinics or their personnel, or for penders, we are talking belts, sus- ruptcy bill. I have always been willing that matter, any other criminal enter- penders, and an elastic waist band. Dis- to work with him and others in the in- prise. charges related to FACE Act violations terest of passing the bankruptcy re- The reason for this outcome is sim- have not been permitted under current form bill. ple: Current law prevents such an out- law. From the beginning of this debate, come. Section 523(a)(6) of the bank- many others and I have long contended Our laws are clear. We discourage, ruptcy code already prohibits the dis- prevent, and punish abusive filings, in- that his amendment is unnecessary on charge of debts through willful or mali- its own merits. The amendment which cluding those related to those offenses cious injury to a person or property, that occur in connection with abortion we consider today appears to seek to and section 523(a)(12) makes restitution guarantee the collection of civil and clinics. Again, to my knowledge, there orders resulting from a criminal con- is a complete absence of cases dem- criminal penalties arising from crimi- viction nondischargeable through nal violations of the 1994 Freedom of onstrating the problem that this bankruptcy. amendment seeks to address. This is Access to Clinic Entrances Act. The Nothing in this bill changes these purpose of the Schumer amendment is not surprising. provisions in the law. Moreover, a Our bankruptcy laws already act to to make clear that those who are fined growing body of case law confirms the due to attacks on abortion clinics are prevent, have prevented, and will act in adequacy of these provisions when it the future to prevent precisely the prevented from being able to discharge comes to enforcing judgments arising these fines and civil judgments result- problem that Senator SCHUMER is wor- from FACE Act violations. ried about, but cannot, it appears, doc- ing from such attacks through bank- In Behn v. Buffalo GYN Womenserv- ument. The truth of the matter is that, ruptcy proceedings. ices, a 1999 decision in Federal bank- on the merits, this is just an unneces- My friend from New York has pushed ruptcy court in Senator SCHUMER’s sary amendment. Yet this amendment a hot button. He must know that. In- home State, the court rejected an at- has already scuttled bankruptcy re- jecting the polarizing politics of abor- tempt to discharge a civil award debt form on two occasions. tion into the bankruptcy bill, most resulting from an abortion protest. would have to agree, does not appear to So it was rejected. In 2000 essentially the same bank- be calculated to help the passage of the In Bray v. Planned Parenthood of Co- ruptcy bill passed this body with 83 bankruptcy bill. Quite the opposite, lumbia/Willamette, decided in 2000, a votes and then 70 votes. It was vetoed the Schumer amendment has become a bankruptcy court in Maryland rejected by President Clinton in the waning wedge issue that has stopped the bill in the attempt to discharge debts result- days of his second term for failing to the past and, today, can threaten the ing from an Oregon case in which a include this amendment. Then in the passage of this important bipartisan Web site produced by anti-abortion ex- 107th Congress, the House of Represent- bill that enjoys broad bicameral sup- tremists threatened the lives of those atives rejected even a twice-amended— port. working in these clinics. The 2001 and moderated—Schumer amendment. I urge my colleagues to vote against Treshman decision in a Maryland Now that it is clear that the courts the Schumer amendment. Let me first bankruptcy court confirmed that such will not discharge these debts, the pro- explain my substantive objections and actions will not be tolerated by permit- ponents of this amendment have slight- then I will describe my procedural, ting discharge of restitution or judg- ly but subtly changed their tune. Now pragmatic, and political concerns with ment through bankruptcy. the alleged issue of concern is that the Schumer amendment. Randall Terry, the founder of Oper- some will nevertheless continue to at- At the outset, it should be under- ation Rescue, is living proof of the ade- tempt to discharge such fines and pen- stood that in its best light the Schu- quacy of these laws. His Web site now alties—that is, sometime, some place, mer amendment is a belts-and-sus- solicits contributions after he was someone will try to use the bankruptcy pender proposition that attempts to completely bankrupted as a result of code to shield illicit acts involving at- solve a problem which, as far as I can actions found to be violative of the tacks on abortion clinics. tell, has never actually occurred. FACE Act. Some argue the amendment is justi- We have been debating this bill for 8 From a purely legal perspective, it fied on the supposed need to codify the years, and I am still unaware of any ac- seems fair to say that what we have general prohibition of section 523(a)(6) tual case in which a person who has here is a solution in search of a prob- against discharging debts accrued in

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2209 connection with willful or malicious faith to make this questionably meri- guage to a more general and neutrally- injury to a person or property with a torious issue more palatable to Mem- phrased provision related to ‘‘lawful special provision of law geared solely bers on my side of the aisle. good and services.’’ This provision was toward abortion clinic-related vio- In particular, I wanted to help allevi- adopted by a unanimous voice vote of lence. The fact is, however, current ate the concerns of those who, as I, the Judiciary Committee on February bankruptcy law, along with the ever hold strong pro-life views. We are sen- 28, 2001. growing body of precedents on this sub- sitive to the fact that the original I would note for the record that de- ject, make it clear that attorneys will Schumer amendment could reasonably spite this compromise, Senator SCHU- not be inclined to make these frivolous be interpreted as affecting first amend- MER voted against the bill on final ap- and abusive filings in the future. ment rights to protest against what we proval in the Judiciary Committee. Rule 9011 of the Federal Rules of believe is the unjustifiable practice of On July 17 , 2001, this bill passed the Bankruptcy Procedure already allows abortion. Senate by a vote of 82–16. sanctions against attorneys who par- It is my recollection that the origi- The House-passed version of the ticipate in submissions to delay pro- nal Schumer language back in 2000 also bankruptcy bill in the 107th Congress ceedings and needlessly increase the addressed attempted or alleged harass- once again did not contain comparable cost of litigation. It says a frivolous ment, interference, and obstruction. language. I might add that the House action without evidentiary support can Many believed that this language was passed its bill by a strong bipartisan be punished. I guess it is true that par- way too broad and could have poten- vote of 306–108 on February 26, 2001. ticular bankruptcy courts may some- tially implicated the actions of peace- At this point Senator SCHUMER and I time in the future eventually be faced ful anti-abortion protestors who were worked with Representatives HENRY with a filing by someone asking for im- simply exercising their freedom of HYDE and JOHN CONYERS and others to proper discharge of debts, but that is speech. fashion an acceptable compromise. just the nature of litigation within the Nevertheless, for a variety of rea- This compromise was rejected. bankruptcy system and the American sons, mostly political rather than legal Frankly, at the time, I would have system of justice. or policy, the Schumer amendment was preferred that the compromise be ac- Having the right to bring a claim in accepted. One of the key factors was cepted and this already overdue bill be our system is very different from win- that it appeared to some at the time signed into law. ning that claim. For each case that that the amendment was offered in However, I can well understand the goes to trial, there is a winner and a part to give then-Vice President Gore frustration of many of my colleagues loser. Trying to get around the bank- an opportunity to possibly cast a tie in the House being asked to adopt a ruptcy code and case law precedents in breaking abortion vote during the watered-down version of an amendment the manner feared by supporters of the Presidential election year of 2000. without meaningful legal effect derived Schumer amendment is a losing case I cannot say for certain that this was from the inflammatory original under current law. the case. But if it was, it probably version of the Schumer amendment Courts decide cases on the basis of that addresses a problem that appar- the law and the particular facts in would not have been the first time that Presidential politics played out on the ently does not exist in the first place. front of them. That bankruptcy courts Rather than go down this fruitless will have to undertake their normal floor of the Senate. Before the February 2, 2000, vote on road again, I ask my colleagues to vote and traditional role of reviewing all down the Schumer amendment for once relevant aspects of individual filings the Schumer amendment, I said the following on the Senate floor: and all. that may, or may not, include these Not only is it unlikely that the improper and unsustainable claims re- Although I believe this amendment to be tremendously flawed, the majority leader, House will accept it, the Senate should lated to abortion clinic damages is not accept it either. hardly a grave injustice. Senator Grassley, and I recommend that Members on both sides vote for this amend- One important difference from the And for what it is worth, the success ment. We will, in good faith, in conference situation of 3 and 4 years ago is that we of the FACE Act and the decisions of correct the amendment and resolve these now have, as I discussed earlier, a more bankruptcy courts that hold those problems at that time. With this amendment definitive picture of how the courts debtors to account appears to have re- accepted, nobody will be able to demagogue will interpret the application of sec- sulted in an ever dwindling number of this issue politically in the context of true tion 523(a)(6) in the context of abor- judgments that must be litigated. bankruptcy reform. We pledge to work with This is an issue that is being our friends on both sides of the aisle who are tion-clinic related claims. overhyped. interested in this issue during conference to In short, the courts have not and will The current statutes are clear. make sure the law is clear, that the due re- not allow fines or judgments stemming The case law is clear. spect for the first amendment, and debts from the willful or malicious injury to The paucity of evidence of such arising from violent acts cannot be dis- a person or property to be discharged claims for abortion clinic-related vio- charged in bankruptcy. in bankruptcy whether they arise out lence and injuries being routinely, or This is hardly a ringing endorsement of illicit actions against abortion clin- even infrequently, made in bankruptcy and certainly nothing near an absolute ics that violate the FACE Act, or, for proceedings, reflects the fact that the commitment to retain this language at that matter, any other of the literally word is out that the statutes and case any cost or contingency. dozens of other injuries that can be law already prevent the problem that Nevertheless, in the 106th Congress conjured up relating to willful or mali- the Schumer amendment allegedly the bankruptcy bill, with this flawed cious injury to a person or property. solves. language, passed the Senate with 83 No one would, or should, take seri- Moreover, I would like to add that votes. ously any amendment that purported section 319 of this bill expresses the Eventually during the House-Senate to state explicitly that fines or judg- sense of the Senate that all signed and conference committee the Schumer ments incurred from yelling fire in a unsigned documents submitted to a abortion clinic-specific amendment crowded theater could not be dis- bankruptcy court must be preceded by was not contained in the conference re- charged through bankruptcy. a reasonable inquiry to verify that this port. The bankruptcy legislation, with- Nor should we support the Schumer information is well grounded in fact out the Schumer language still passed amendment when we know it is both and warranted by existing law or based the Senate with a strong bipartisan 70 unnecessary and divisive. on a good faith argument for an exten- votes. You do not have to be pro-life to be sion, modification, or reversal of exist- Unfortunately, President Clinton against the Schumer amendment. You ing law. then pocket vetoed the bill passed by just have to conclude that 8 years is I am hopeful that this sense-of-the- both the House and Senate. enough time to have worked on one bill Senate provision will help spread the Early in the 107th Congress, I worked that has repeatedly engendered broad word even further. with Senator SCHUMER on compromise bipartisan support. When the Schumer amendment burst language that moved away from the in- And to hold up this legislation once upon the floor in 2000, I worked in good cendiary abortion clinics-specific lan- again over an incendiary, extraneous,

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2210 CONGRESSIONAL RECORD — SENATE March 8, 2005 redundant poison pill amendment is First of all, nothing has changed Mr. SCHUMER. I yield 10 minutes to just not right. since we all supported the Schumer- my friend and colleague from Cali- I always try to seek a compromise or Reid-Hatch amendment of a few years fornia, and cosponsor of this legisla- accommodation with my colleagues ago. The basic purpose then was not to tion, Senator FEINSTEIN. whenever it is productive to do so and make sure that cases in bankruptcy Mrs. FEINSTEIN. Mr. President, I consistent with my principles. court did not come out on the side of thank the distinguished Senator from In this case it is simply not possible those who were victims of violence. It New York. to do so in a productive manner absent was just impossible to pursue the We are both members of the Judici- any sign from the House that its Mem- claims of bankruptcy. ary Committee. We had an opportunity bers are receptive to such a com- My good friend from Utah cites to discuss and debate this amendment promise. Maria Vullo. She is a successful lawyer in the Judiciary Committee. Having worked on this issue for sev- in New York who donated her own time Senator SCHUMER’s amendment is a eral years, I have reached the conclu- which she estimated at one of our hear- critical amendment. Essentially, when sion that the inherent volatility of the ings to be worth over $1 million. She this body in 1994 passed the Freedom of subject matter of the original Schumer believed passionately that those who Access to Clinic Entrances Act, we said amendment has made it nearly impos- used violence should be stopped. Not that individuals should be able to go sible to arrive at a neutral language every clinic has it. And, of course, if into clinics without being obstructed. resolution to this undocumented prob- you go through the bankruptcy pro- The law was very clear. lem at this time. ceedings, you will win. Clinics don’t The law also has led to successful Moreover, the well-known by now im- have the ability to do that; first, to criminal and civil judgments against passe over the acceptability of com- fight in court on the issue of violence groups that use intimidation and out- promise language is compounded by and then to go back to the bankruptcy right violence to prevent people from the simple fact that there is, to my court. obtaining or providing reproductive knowledge, no compelling evidence I say in all due respect to my good health services. that there is a problem requiring a leg- friend from Utah, he knew that then, This law would be seriously damaged islative fix. and he knows it now. It is the same if we do not close this loophole that To a certain extent, this is an exer- issue. The very issue that he says we has allowed some antiabortion extrem- cise that demonstrates why it can be don’t need this law was brought up in ists to use bankruptcy to shield their harder to fix a hypothetical problem 2000 and 2001. My good colleague was assets. The Senator from New York than a real problem. then good enough to admit we did need mentioned the founder of Operation Frankly, that we would even be con- the law even though we couldn’t find Rescue, Randall Terry, who said in 1998 sidering an amendment based on the cases, and even though there were no after filing for bankruptcy: 2001 Judiciary Committee markup lan- cases in bankruptcy court where the I have filed a chapter 7 petition to dis- guage, rather than the revised 2001 con- Randall Terrys of the world prevailed. charge my debts to those who would use my ference report language, hardly seems You would never have the successful money to promote the killing of the unborn. like a step in the right direction. To suit. In my home State of California there use an expression that my friend from That is why these fanatical groups was a similar incident involving a man New York sometimes uses himself, re- are insisting that bankruptcy be used. by the name of John Stoos and several verting to the earlier language may I make another point to my col- other people in 1989 who were sued by seem to some a bit like a poke in the league. If the amendment is unneces- the operators of a Sacramento abortion eye. sary now, why wasn’t it unnecessary clinic for allegedly blocking the clin- I suspect that this is unintentional then? ic’s entrance and harassing patients. A on the part of my friend from New I make this point to my colleagues: judge ordered Stoos and others to pay York. I wish we could have worked this The merits have not changed. Exactly nearly $100,000 in attorney’s fees in- out, and I thought we did work it out. the situation that prevailed in 2000 and curred by the clinic. As a result, Stoos But as I look at all the facts and cir- 2001 prevails in 2005. filed for personal bankruptcy, listing cumstances, including the develop- What has happened is people have that debt among many he could not ments in the actual cases brought and done a 180-degree about-face because of pay. These actions are clear evidence decided over the last few years, I can a small group in the House who do not of abuse of the bankruptcy system. only conclude that there is even represent the mainstream views of the This bankruptcy bill should stop them. stronger evidence today than there was House or of even the Republican Party I hope the Schumer amendment in 2000 and 2001 that this amendment is in the House but who have insisted on would be accepted by this Senate. simply unnecessary. not going forward with a bill with this Let me use this time to speak a bit While I attempted in good faith to re- worthy amendment in it. An amend- more generally about this bill. I voted solve this problem 4 years ago, time ment that was praised, a compromise for this bill when it left committee. I seems to have proven that those I who that was hailed a few years ago is have decided to vote against this bill in looked askance at this compromise in every bit as valid today as it was then. the Senate. I want to say why. In com- the first place were correct in their as- I know it is difficult and awkward for mittee, we were asked to withhold all sessment of the lack of necessity for people to say, well, never mind, but we amendments to the floor. We knew the this amendment. cannot let this issue just die. The rule bill was not a perfect bill. We have seen I ask my colleagues to oppose the of law is too important. Fairness is too it improved over the years. We knew it amendment of my distinguished friend important. What is good and beautiful was better than the House bill. And from New York for these reasons. It is about America is too important. with all complicated, difficult bills, the important that we get this bankruptcy We will ask our colleagues to stick tradition of the Senate has always been bill finished. It is extremely important with their convictions that they have the floor debate and discussion. In a that we get it done. If this amendment had over the last few years and not do majority of times as a product of floor is added, it isn’t going to get done an about-face simply because a small debate and discussion, problems in the again, and we will be in the ninth year group of industry leaders says we must bill can be remedied. next year, frankly, probably 2 years have this bill no matter what. We knew there were problems in the from now because we will never get Senator HATCH spoke for a long pe- bill. For example, I have an amend- what really has to be done in the best riod of time. I wanted to rebut him. He ment which I have withdrawn which interests of bankruptcy reform. did not want to do it on his time. says that the credit card companies The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- should, in fact, notify a minimum ator from New York is recognized. ator from New York does control time. payer how long it would take that Mr. SCHUMER. Mr. President, I The Senator can yield time to the Sen- payer of a credit card, if he only paid would like to ask my colleague a ques- ator from California, but in doing so the minimum amount of interest, to tion, but, first, I will make a couple of the Senator will lose his right to the pay off the debt. Senator AKAKA had a points. floor. similar amendment. It was summarily

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2211 defeated. I had an amendment; I had collectively went to five banks to try It appears that the Republican lead- two Republican cosponsors. I learned it to pay $25,000 in credit card debt. Even ership has decided that rather than would also be summarily defeated. though she did not use her cards to buy honoring the 200 plus year tradition of Thanks to Senator SHELBY and Senator anything else, her debt doubled to the Senate as a deliberative body, the SARBANES, the Banking Committee has $49,574 by the time she filed for bank- Senate should be run like the House of taken an interest in this and in the fu- ruptcy last June. Effectively, interest Representatives. There appears to be a ture and will take a look at it. payments are half of the debt. She will new process being implemented in Nonetheless, the fact of the matter is never be able to pay that off. which the Senate should no longer seri- this bill is all for the credit card com- To push people like this from chapter ously consider amendments on the panies. I know there is credit card 7 into chapter 13, when what is the floor to improve bills. fraud. I know that has to be met. I felt problem is interest rates and penalty We are now in the middle of the sec- the bill was important to pass. How- fees that truly do victimize an ond major piece of legislation where ever, I also felt the bill should be bal- unsuspecting individual—how could the majority has decided that amend- anced and that we should see that the this Senate do that, if someone is going ments by the minority will be rejected consumer is also protected in this proc- to charge a 100-percent interest rate? wholesale regardless of the merits. ess, protected with notice of what a One of my own staff members found It appears that even when serious minimum payment means, and also, that simply getting a credit card cash problems in the underlying legislation frankly, protected against high inter- advance resulted in an immediate 3 are raised and even when the Repub- est rates. percent fee which was simply added to lican leadership agrees that the prob- Senator DAYTON moved an amend- the interest rate. lem exists, amendments offered by the ment which would limit interest rates The result is even the most careful minority will be rejected. on credit cards to 30 percent. The credit card users find themselves often In fact, when the Judiciary Com- amendment was summarily defeated. swamped, particularly those who can mittee was marking up the bill, Sen- The fact is with penalties, with other only afford to make a minimum pay- ators were asked not to offer amend- charges, with high interest rates—and ment, and the fees, charges, and inter- ments and instead offer them on the many companies have interest rates, ests pile up, making it virtually impos- floor. Statements were made by the believe it or not, well in excess of 30 sible to ever pay off the debt. Acting-Chairman like, ‘‘I know we are percent—a minimum payer cannot ever This amendment would have been a going to go through this on the floor pay the full debt because the interest meaningful addition to the bill. It cer- and I don’t see any reason to keep us on the debt, if combined with certain tainly would have added fairness. It here all day and all night’’; and, ‘‘[You penalties and/or fixed payments, be- certainly would have sent a signal to will] have every opportunity to present comes such that it overwhelms the credit card companies that the sky is these amendments on the floor.’’ principal. Many people do not know not the limit. Yet it was defeated. Yet, upon reaching the floor, Sen- that. Senator SCHUMER’s asset protection ators have found that their amend- The fact is 40 percent of credit card trust, of which I was a cosponsor, was ments are not being considered on the holders pay off their debt every month; another indication of where wealthy merits. 40 percent make only the minimum people could shelter assets and not It is the Senate’s job to carefully de- payment; and 20 percent are kind of 50/ have to pay back in chapter 13. These bate, carefully consider, and pass the 50 in that category. For those 60 per- are some of the inequities. very best laws we can. But now the cent who are generally people who are In recent years a number of financial Senate is being asked to simply pass not as informed, not as able to pay and bankruptcy planners have taken legislation as drafted, regardless of its back their bill, who may have one, two, advantage of the law of a few States to content. three, four, five, six different credit create what is called an ‘‘asset protec- This lack consideration and care does cards, because this is a credit economy, tion trust.’’ These trusts are basically a disservice to the Senate and to the credit card companies have been able, mechanisms for rich people to keep Senators who work hard to reach com- with very little interest to the payer of money despite declaring bankruptcy. promises and find common ground. But the debt, to solicit huge fees, penalties, They are unfair, and violate the basic more importantly, it does a disservice and interest rates. This is plain wrong. principle of this underlying legisla- to the American people. If we are unable to correct it, which tion—that bankruptcy should be used We are here to develop the best pol- I had hoped would be corrected by judiciously to deal with the economic icy we can, not to simply play political these amendments that have been pre- reality that sometimes people cannot games and jam through legislation for sented, I cannot vote for this bill as pay their debts, but to prevent abuse of the sake of expediency. long as these gross injustices remain. the system. As I began, I want to be clear. I sup- Let’s for a moment look at the 30- This loophole is an example of where port bankruptcy reform legislation, percent interest rate. It is very high. the law, if not changed, permits, or and I support many of the provisions in Inflation is about 2 percent. The inter- even encourages, such abuse. the underlying bill. However, through- est rate on 3-month Treasury bills is The amendment was simple. It set an out this process many important issues 2.75 percent. The national average lend- upper limit on the amount of money have been raised that identify serious ing rate on a 30-year mortgage is 5.59 that could be shielded in these asset problems that must be addressed. The percent. Yet an amendment to limit in- protection trusts, capping the amount Senate has been and should remain a terest rates on credit cards to 30 per- at $125,000. deliberative body that seeks to draft cent went down dramatically. The bottom line: Without this the best legislation we can. Unfortu- I mention there are companies that amendment, wealthy people will be nately, that is not what we are doing. are charging high annual interest able to preserve significant sums of And unfortunately, based on these rates. Some charge 384 percent, 535 per- money in an asset protection trust, ef- concerns, I regret that I am no longer cent. Amazingly, one Delaware-based fectively retaining their assets while able to support the bankruptcy legisla- company has charged 1,095 percent, ac- wiping away their debts. tion. I do not believe the bill before us cording to the Minnesota chapter of The proposed cap amount, $125,000, is is balanced. There remain many seri- the National Association of Consumer not a small sum. It is more than ous problems that must be addressed Bankruptcy Attorneys. enough to ensure that the debtor is not before I am ready to support the legis- The Washington Post, the Los Ange- left destitute. I believe it is a reason- lation. I have decided because of the les Times, other major newspapers able amount—it is deliberately based summary disposition of amendments have pointed out where fees, rates, and on the now-accepted $125,000 limit for by the other side, this Democrat Mem- charges have buried debtors. They have the homestead exemption, which will ber is going to vote ‘‘no’’ in the Senate. pointed out a multitude of cases. A spe- also remain available to a debtor. Thank you, Mr. President, and I yield cial education teacher from my home I would also like to say a few words the floor. State worked a second job to keep up about my concerns about what appears I yield the floor and suggest the ab- with $2,000 in monthly payments. She to be a new policy in the Senate. sence of a quorum.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2212 CONGRESSIONAL RECORD — SENATE March 8, 2005 The PRESIDING OFFICER. The Chamber condones violent crime. I am The PRESIDING OFFICER. Without clerk will call the roll. certain that everyone believes violent objection, it is so ordered. The bill clerk proceeded to call the crime should be prosecuted to the full- The clerk will call the roll. roll. est extent of the law. While the pend- The bill clerk proceeded to call the Mrs. FEINSTEIN. Mr. President, I ing amendment is presented as a way roll. ask unanimous consent that the order to address violent crime, it would pri- Mr. SCHUMER. Mr. President, I ask for the quorum call be rescinded. marily and inappropriately intimidate unanimous consent that the order for The PRESIDING OFFICER. Without and harm peaceful protesters. In fact, the quorum call be rescinded. objection, it is so ordered. were the Schumer amendment to be- The PRESIDING OFFICER. Without Mrs. FEINSTEIN. Mr. President, I come law, no crime would even be nec- objection, it is so ordered. ask the time be charged equally on essary to trigger its sanctions. Merely Mr. LAUTENBERG. Mr. President, I both sides during the quorum call. violating a Federal or State civil stat- rise to support the Schumer amend- The PRESIDING OFFICER. Without ute, such as a minor trespass, would be ment to the bankruptcy legislation objection, the time during the quorum enough to place a violator in financial presently before the Senate. call will be charged evenly to both jeopardy. The amendment provides that debts sides. Historically this legislative body has or judgments arising from acts of vio- The Senator from Kansas. fashioned criminal and bankruptcy lence and threats of violence cannot be Mr. BROWNBACK. Mr. President, I penalties in a manner proportional to discharged in bankruptcy proceedings. yield myself as much time as I may the gravity of the offense and the de- While this provision was drafted in pre- consume from the Republican side of gree of injury and culpability. If en- vious Congresses to specifically apply the agenda. acted, this amendment would be a rad- to reproductive health service pro- I thank my colleagues for this good ical break with this tradition of pru- viders and abortion clinics, it has been debate on an important issue that does dence and fairness. For example, under expanded this year with the help of not belong on this bill. There are sev- current law, there are only a few ex- some of our Republican colleagues. eral key reasons, clear reasons why treme cases where a debtor is pre- The amendment now addresses vio- this amendment of the Senator from vented from seeking discharge of his or lence and intimidation aimed at block- New York should be rejected. This is an her debts through bankruptcy protec- ing access to any type of lawful good or important piece of legislation, the tion. For example, instances in which service. The Schumer amendment now bankruptcy legislation. This amend- discharge of debt is prohibited include applies to anyone who threatens, in- ment brings the most difficult social intentional financial wrongdoing, such timidates, or harms another person in issue we have of our day into this de- as fraud and embezzlement, or cases the course of a lawful practice in bate. It does not belong here. It is not where the debtor has created a grave places like houses of worship, the the right place to do this. We have unjustifiable risk to human life, such workplace and restaurants. plenty of pro-life issues to come before as injury caused by drunk driving. Supporters of the bankruptcy bill this Senate, and not to tie the bank- Those are appropriate. argue that this amendment should be ruptcy bill up would be an important The Schumer amendment would put defeated because any amendment to so- thing to do. a peaceful pro-life protester who, in the called compromise bankruptcy legisla- The membership opposes this amend- course of exercising his or her first tion would upset the apple cart, caus- ment because, as we learned in pre- amendment rights, simply steps in the ing the House of Representatives to re- vious Congresses, it is a poison pill. wrong place—trespassing—on a par ject it. The amendment is meant to kill the with embezzlers or drunk drivers. I cannot understand how this Senate overall bankruptcy reform bill. I would Should the price of constitutional free- could could fail to pass an amendment hope that is not what the author’s in- dom be the risk of financial ruin? that would simply prevent perpetrators tent is. But that is the effect of this Amazingly, this amendment says yes. of violence from hiding behind our amendment. It kills the bill. The amendment says that people who bankruptcy laws. Where is the justice If the author of this amendment protest and who do no physical harm, in permitting such a practice? wants bankruptcy reform to move for- have no malicious intent should be sin- For the past week, supporters of the ward, it is something that needs to gled out for harsh treatment. bankruptcy legislation have consist- move forward. I have voted against While I make no excuse for violations ently talked about personal responsi- bankruptcy reform in the past because of the law, I have to ask again: Should bility and the need to prevent people I didn’t think it was proper. I thought not the gravity of the punishment cor- from abusing the bankruptcy process. particularly we have problems on respond with the offense? I don’t think In fact, the centerpiece of this legis- homestead provisions that we have that is at all the case in this particular lation is a means test that presumes been able to get worked out over the amendment. chapter 7 filers are abusing the bank- years we have been considering this A literal reading of the Schumer ruptcy laws because their monthly in- legislation. Now we have that worked amendment would strip a peaceful pro- come increases by as little as $100. out as many other pieces have been re- tester of bankruptcy protection should The Schumer amendment is intended fined over the 6 years this has been he or she simply step in the wrong to prevent extremists and fanatics considered. place while leafleting or even praying from abusing our bankruptcy laws to Now is not the time to add this most the rosary. Whether the fine involved shield themselves from paying fines contentious issue into the debate. It is is $10 or $1 million, we are talking and fees imposed by a court of law not the proper place, and it is time about a peaceful individual and fami- after they have endangered someone’s that we move the bill forward, move it lies with young children who should livelihood. to the House and to the President for not be forced to risk paying this price These attacks are more common that signature. simply for doing what the Constitution one might imagine. Since 1977, there Bankruptcy reform is an important permits. have been 7 murders, 17 attempted matter. It would be my desire for my Fairness and the great tradition of murders, 41 bombings, 171 arsons, 100 colleague not to offer the amendment our first amendment freedoms counsel butyric acid attacks, and 655 threats so that we can focus on the particular against the adoption of this amend- targeting abortion providers alone. critical issue facing our Nation in the ment. In total, there have been more than form of the need for fundamental bank- I urge my colleagues to vote against 4,000 cases of stalking, burglaries, ruptcy reform. it. It kills the bankruptcy bill. It is kidnappings, assaults, anthrax threats, Aside from the abortion issue, I am against fundamental fairness and free- invasions, attempting bombing and deeply concerned about what I believe dom for people to exercise their right acts of vandalism, perpetrated against to be a lack of fairness and justice em- of free speech. people who were performing or offering bodied in this amendment. There is a I suggest the absence of a quorum a legal procedure. And in case after fundamental fairness issue involved and ask unanimous consent that the case, after the perpetrators of these with this amendment. No one in this time be equally divided. acts of intimidation and violence are

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2213 brought to justice, they hide behind The bill clerk proceeded to call the to deprive worshippers of the right to the bankruptcy code to shield them- roll. practice their religion. All of these ex- selves from assuming responsibility for Mr. REID. Mr. President, I ask unan- tremists must be held accountable for their actions. imous consent that the order for the their actions, and none should be per- As Senator SCHUMER has said, this quorum call be rescinded. mitted to discharge their debts in issue is neither pro-choice nor pro-life; The PRESIDING OFFICER. Without bankruptcy. it is ‘‘pro-rule-of-law and anti-vio- objection, it is so ordered. It is true that some of the worst lence.’’ Mr. REID. Mr. President, it is my un- abuses of this kind have been anti- While we have a right to disagree derstanding there is 61⁄2 minutes on the abortion extremists who have terror- with the law in this country, and a Democratic side. ized reproductive health care workers. right to try to change the law, no per- The PRESIDING OFFICER. The Sen- They have directed thousands of acts of son has the right to take the law into ator is correct. violence against abortion providers, in- his own hands. Mr. REID. I will use a minute and a cluding bombings, arson, death threats, I have followed this issue for a long half of that now. kidnappings, assaults, and murders. time. The first blockade of an abortion Mr. President, I am happy today to When a man by the name of Barnett clinic occurred in Cherry Hill, NJ, in rise as a cosponsor of the Schumer Slepian, who was a father of four, a 1987. amendment. This amendment would husband, was a victim, I was the first The first murder of an abortion pro- ensure that debts arising from unlaw- person to come to the Senate floor and vider occurred 12 years ago, on March ful acts of violence cannot be dis- say that is wrong. When violence oc- 10, 1993, when Dr. David Gunn was slain charged from bankruptcy. curred at a Planned Parenthood clin- during an antiabortion protest at a America is a nation of laws. One ic—I believe that is where it was— Pensacola, FL clinic. Since then, there might not always agree with the law or someplace in the South, I came to the have been six more murders. how it is interpreted, but that does not floor immediately to say that one can- In 1994, responding to a rash of vio- entitle you to willfully violate the law. not violate the law because they dis- lence against abortion providers The right to express disagreement is to agree with what a lawful business is around the country, I asked the United seek change through peaceful means. It doing. States attorney to convene a task force is never appropriate to resort to vio- Dr. Slepian was an obstetrician/gyne- to ensure that all appropriate measures lence or intimidation in violation of cologist. He provided health care to were being taken to protect women and the law. Here in the Senate we express women and delivered babies and, on oc- doctors and to prosecute those who policy differences through civil dis- casion, he performed abortions. He was threatened them with violence. course and resolve them through the at a downtown clinic, and he worked Later that year, Congress enacted political process, not through violence. there specifically because he believed the Freedom of Access to Clinic En- We debate in this body passionately it was important he give his expert ad- trances, FACE, Act, which established but in a manner of respect and civility vice to people who were poor. Because Federal criminal and financial pen- in an attempt to persuade others of the of this, one night he was in his living room, and someone with a high-pow- alties for those who employ violence merits of our position, and that is the ered rifle shot and killed him while he and intimidation to prevent persons purpose of the debate. Those who resort to violence are violating not only was there with his family. from obtaining or providing reproduc- I did not know this doctor, but I our laws but our American principles tive health services. learned after his death that he was an Unfortunately, the perpetrators of vi- and values. They are violating what we uncle of a woman who worked for me. call the rule of law on which this coun- olence have used our bankruptcy laws The woman was from Reno. She was a try was founded. to evade responsibility and escape the good employee. Of course, she was Unfortunately, some who break the financial penalties that were part of heartbroken over the fact that her law are using a loophole in the Bank- the FACE Act. For example, former uncle had been murdered. The person ruptcy Code to avoid paying the fines Operation Rescue president Randall who did this was not only a murderer and penalties assessed against them as Terry has filed for bankruptcy to avoid but should be seen as a terrorist. paying more than $1.6 million in fines a result of their illegal activities. This What is going on in Iraq today? We and fees that he owes as a result of his amendment will ensure that individ- have these extremists, these terrorists, illegal actions. uals who engage in such acts of vio- who do not like what is going on there, We must not allow those who would lence, intimidation, or threats, cannot and so they are committing these take the law into their own hands and hide in bankruptcy from the penalties criminal acts. They are taking the law commit acts of violence against their imposed on them from violating the into their own hands. fellow citizens to hide behind our laws law. The man responsible for killing Dr. when it suits their purposes. We must I emphasize that this amendment is Slepian was extradited from France a not allow our bankruptcy laws to be not about the right to abortion, nor few years ago where he had fled. His abused as a shield for violence. does it single out anti-abortion name was James Kopp. Kopp was part I encourage my colleagues to support protestors. This amendment applies to of an organized network of violent ex- the Schumer amendment. anyone who violates a law related to tremists, including a group that called Mr. SCHUMER. Mr. President, we the provision of lawful goods and serv- itself the Army of God. The group and have 11 minutes on our side. How much ices. It applies to any extremist who others similar to it have engaged in a time remains left on the other side? will turn to violence to protest lawful long campaign of violence. The PRESIDING OFFICER (Mr. activities. In 1994, we passed the Freedom of Ac- BURR). There is 10 minutes remaining For example, this amendment would cess to Clinic Entrances, called FACE, on the minority side and 15 minutes on apply to animal rights activists who which established Federal criminal and the majority side. engage in illegal tactics to shut down a financial penalties for those who em- Mr. SCHUMER. Mr. President, I ask lawful animal research center. There ployed violence to prevent persons unanimous consent that the last 5 min- are many people who think that using from obtaining or providing reproduc- utes be reserved for me and the pre- animals for medical research is im- tive health services. The FACE Act is vious 5 minutes to whoever wants to moral and wrong, but this does not en- essential to protecting the lives of speak for the other side. title those people to come in and trash women and health care providers. The PRESIDING OFFICER. Without one of those facilities, as has been hap- Unfortunately, some of the people objection, 5 minutes will be reserved on pening. It would apply to an charged under this act are filing for each side to be allocated from that ecoterrorist who engages in illegal tac- bankruptcy to avoid accountability for side’s time remaining. tics to intimidate car dealerships or their illegal acts of terrorism. As an Mr. SCHUMER. Mr. President, I sug- timber companies from doing business example, defendants in the so-called gest the absence of a quorum. with people they think they should not Nuremburg files case have tried to nul- The PRESIDING OFFICER. The do business with. It would apply to an lify years of court proceedings by filing clerk will call the roll. arsonist who starts a fire at a church a chapter 7 proceedings.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2214 CONGRESSIONAL RECORD — SENATE March 8, 2005 What are the Nuremburg files? Listen of people to commit crimes and terror We have just updated this research and to this one: They posted on a Web site and discharge them in bankruptcy. CRS has confirmed that FACE Act vio- the names, addresses, and license plate The PRESIDING OFFICER. Who lations are not dischargeable in bank- numbers of people who worked in these yields time? The Senator from New ruptcy. The proponent’s own witness health care facilities. They even posted York. testified before the Judiciary Com- pictures of their target’s families, all Mr. SCHUMER. Mr. President, what mittee that none of these debts have members, and they would list them— is the status of the time on both sides? ever been discharged in bankruptcy. father, son, mother, brother, whatever The PRESIDING OFFICER. The ma- The reality is that the Schumer it might be—and places where their jority has 11 minutes remaining. The amendment is just a political ploy de- children waited for the school bus. Doc- Senator from New York has the last 5 signed to generate opposition to the tors who still worked appeared in plain minutes. bankruptcy bill. The Schumer amend- text on the Web site, a person who had Mr. GRASSLEY. Mr. President, I rise ment is a poison pill which will kill the been wounded was grayed out; and in strong opposition to the Schumer bankruptcy bill. This amendment must those who had been murdered, includ- amendment which would make debts be defeated, and I urge my colleagues ing Dr. Slepian, had a line through incurred in connection with violations to oppose it. their names. of the Freedom of Access to Clinic En- The PRESIDING OFFICER. Does the It is intolerable that the groups trances Act nondischargeable in bank- Senator from Iowa ask unanimous con- which incite these heinous acts of vio- ruptcy. This amendment has been a sent to yield back the remaining time? lence can discharge their civil pen- poison pill to enactment of the bank- Mr. GRASSLEY. Yes. alties in bankruptcy, but that is ex- ruptcy bill and must be defeated. The PRESIDING OFFICER. The Sen- actly what happened. If we want to pre- On two previous occasions, CRS per- ator from New York is recognized for vent future acts of violence, including formed research for us and told us that his final 5 minutes. clinic violence, it seems to me that we FACE debts had never been discharged Mr. SCHUMER. Mr. President, in need to have a specific provision in the in bankruptcy. Just recently, I asked conclusion, I would like to rebut some bankruptcy law to prevent discharge of CRS to perform an updated search on of the comments of my colleague from violence-related debts. That is what reported decisions considering the Utah who said this amendment was not this amendment is all about. dischargeability of liability incurred in necessary, and he talked about Maria I do not support abortion, but this connection with violence at reproduc- Vullo, the lawyer who represented the amendment is not about abortion. It is tive health clinics by abortion pro- clinic in the Nuremberg files case. about holding responsible those who testers. CRS confirmed that this Here is the major point. She did not commit illegal acts and believe that amendment is not necessary. The CRS collect any money in that case. Despite they are above the law. This amend- memo identified only one reported spending $1 million of her own money, ment is about preserving the rule of case, which found the debt to be non- pro bono, despite relitigating in six law. dischargeable under the bankruptcy bankruptcy courts, she was unable to I cannot imagine how this amend- law’s discharge exception for willful collect any dollars. This is the point we ment is causing a concern or a prob- and malicious injury. So this amend- are making. Perhaps at the end of the lem. Are we now to believe that there ment is not necessary. Even Senator day you will get a nominal victory if are people who are telling members of SCHUMER’s own witness at the Senate you go all around the country chasing the majority, do not do this, we want Judiciary Committee hearing on the these fanatics in bankruptcy court, but to go and commit acts of violence, we bankruptcy bill testified that in all the you cannot collect. That is why the want to commit crimes, and do not cases that she had litigated, the court American Coalition of Life Activists, a vote against us because you will pre- had always found that the debts in- violent fringe anti-choice group, actu- vent us from filing bankruptcy? That is curred under the FACE Act were non- ally requires its leaders to be judgment what this is all about. Should not we as dischargeable in bankruptcy. proof. a body say that if one goes out and My colleagues make a big deal out of Here is the bottom line: This amend- does these terrible acts, where they the fact that some of us on this side ment, which was supported by so many kill people, they maim people—one of have supported amendments similar to on the other side, is being dropped, not their latest tricks is they figured out this one before. The truth is, when the because it is wrong but for expediency, this acid which is some kind of a chem- Schumer abortion amendment was of- so there will not have to be a bloody ical compound, and they walk into fered in 1999 to the comprehensive battle in the House between those who these facilities and they throw it all bankruptcy bill, Vice President Gore are on the Republican side, between over. It cannot be washed out. It can- was campaigning for the Democrat those who are more probusiness and not be steamed out. The only thing one nomination. His opponent, Senator those who are vehemently opposed to can do is tear the facility down. Should Bradley, was alleging that Vice Presi- this amendment. I will not denigrate they not be held responsible? dent Gore was not sufficiently pro- the pro-life movement by labeling I cannot believe we are going to have choice. Vice President Gore’s allies in them that way because the pro-life a bill as important as this bankruptcy the Senate were maneuvering to create movement cannot be for these violent bill jeopardized because of the terror- a tie vote on the Schumer amendment groups. ists who are out there waiting to file so Gore could ‘‘break the tie’’ to im- This amendment is for the rule of bankruptcy. That is what this is all prove his political standing. law. This amendment says you cannot about. People are out there wanting to To avoid this, most Republicans use violence against any group to commit crimes, waiting to commit voted in favor for the Schumer amend- achieve a political end and then, when crimes, saying, do not pass this be- ment. Thus, that vote in the 106th Con- you are sued civilly, use the bank- cause if you pass it I will not be able to gress was not a vote on the merits of ruptcy courts for protection. That has file bankruptcy. I just think it is be- the Schumer amendment. never been what the bankruptcy courts yond my ability to comprehend that The Schumer amendment was in- were intended to be. It is neutral on people who know they are violating the cluded in the 107th Congress bank- terms of what issue. Yes, it might be law, they are killing people, they have ruptcy bill. But the fact is that in the extremists who are against abortion. It this Web site that they are soliciting 107th Congress, the Schumer amend- also might be extremists on the left murder. ment killed the bankruptcy conference side, on the environmental side who And we are going to condone this ac- report because the House would not burn buildings or houses or cars. Are tivity under the guise that this is a take it. Thus, the Schumer amendment we going to, as a society, condone that choice, this is a pro-life/pro-choice is a poison pill and must be defeated. type of activity? issue and we cannot get involved. This Let me reiterate that in two previous I will tell you, if we defeat this is not about abortion. It is about main- memos, CRS concluded that the Schu- amendment, that is what we are doing. taining the law. mer amendment is unnecessary be- Make no mistake about it, make no I am so disappointed that the major- cause abortion protester debts are al- mistake about any of the subterfuges. ity is going to go along with the ability ready not dischargeable in bankruptcy. To me, this amendment and the rule of

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2215 law and the American way of life that NAYS—53 pay their bills. It is as simple as that. this amendment stands for are more Alexander DeWine McCain There is no reason to ask the vast ma- important than the rest of the bank- Allard Dole McConnell jority of bill-paying consumers to pick- ruptcy bill. Allen Domenici Murkowski up the tab when those with means do Bennett Ensign Nelson (NE) The bankruptcy bill, whether you are Bond Enzi Roberts not repay their obligations. for it or not, twists the dials a little bit Brownback Frist Santorum After 8 long years, we have com- with regard to the balance between Bunning Graham Sessions promised every which way we can. The Burns Grassley Shelby creditors and debtors. I assure you that Burr Gregg remaining amendments being proposed Smith Byrd Hagel are just further adjustments of adjust- was not on the Founding Fathers’ Stevens Chambliss Hatch minds when they wrote the Constitu- Sununu ments to adjustments that were al- Coburn Hutchison ready made during this process. tion and created the Republic. Cochran Inhofe Talent What this amendment does goes right Coleman Isakson Thomas There is simply no reason to con- Thune to the heart of what America is all Cornyn Kyl tinue to holdup this bill through the Craig Lott Vitter amendment process. The longer we about. It says those who use violence Crapo Lugar Voinovich to achieve their political goals cannot DeMint Martinez Warner delay, the greater the chances for mis- chief. The more we stall this measure, get a benefit, in this case bankruptcy. NOT VOTING—1 It, in my judgment, as I said, is more the more likely we open it to political, Corzine important than the rest of the bill. message amendments that can only act So I ask my colleagues on the other The amendment (No. 47) was rejected. to stall work on this bill. A time comes when you just have to side to rise to the occasion. Do not let Mr. MCCONNELL. I move to recon- say enough is enough. Eight years arguments of expediency persuade you. sider the vote. Mr. REID. I move to lay that motion should be long enough to pass one bill. That is the slow road to oblivion. That on the table. I urge my colleagues to join me in is the tortured path to undoing step by The motion to lay on the table was voting for cloture. step, bit by bit, as the river creates a agreed to. Mr. BAUCUS. Mr. President, I want canyon, the way of life that we love. Mr. HATCH. Mr. President, in a few to explain my decision to oppose clo- No matter how strongly one feels about hours we will be voting on cloture for sure on the Bankruptcy bill. I have of- something, their job is to persuade oth- this bill. I would just like to take a fered an amendment to this bill mod- ers to their viewpoint, not to take the minute or two and remind everyone eled on legislation I have introduced to law into their own hands and use vio- why it is time to end the debate on this set up a permanent health care trust lence. And if they do, they should not bill. fund for current and former Libby resi- be allowed to use the Bankruptcy Code It has been 8 long years of consider- dents, and former workers at the W.R. or anything else to prevent just civil or ation on this legislation. We have all Grace vermiculite mine in Libby, MT. criminal action against them. compromised a great deal. Not every- The trust fund will help pay for med- I ask my colleagues to look into one got their preferred language or ical costs associated with treating as- their hearts, to examine what this amendments. Not everyone is happy bestos-related disease or illness caused amendment does, and to have the same with the current legislation. by exposure to deadly tremolite asbes- courage—courage of conviction and But I think everyone would have to tos and other fibers released by Grace’s courage of a fair compromise—that we agree that we have given thoughtful mining operations. showed a few years ago. I urge support consideration and fair opportunity to I offered this amendment to this bill of this amendment. all suggestions on the bill throughout because it presented an opportunity to I yield the floor. the years of debate. make whole the people of Libby, who Mr. President, I ask for the yeas and Over the years, we modified the have suffered, while preventing a com- nays. homestead exemption. pany like W.R. Grace, which has filed The PRESIDING OFFICER. Is there a We modified the means test. for bankruptcy, from emerging from sufficient second? We provided for sanctioning attor- that bankruptcy without setting up a There appears to be a sufficient sec- neys who file abusive claims. health-care trust fund for its victims. ond. And we hindered creditors who would I have worked very hard to make The question is on agreeing to try to collect through predatory lend- sure the people of Libby, MT, are pro- amendment No. 47 offered by the Sen- ing practices. tected in any asbestos legislation to ator from New York. The clerk will All of these changes, among scores of come before Congress; to include spe- call the roll. others, came from my Democratic col- cial provisions in an asbestos bill for The assistant legislative clerk called leagues. Libby residents that take into account the roll. After all this, just 2 weeks ago, we the unique kind of health impacts asso- took 5 more Democratic amendments ciated with exposure to the deadly as- Mr. DURBIN. I announce that the in the Judiciary Committee markup. bestos fibers from the W.R. Grace Senator from New Jersey (Mr. CORZINE) And yet almost everyone of the pend- vermiculite mine. is necessarily absent. ing amendments today touches upon For years, I have been committed to The PRESIDING OFFICER. Are there the areas where we have previously securing a common sense solution for any other Senators in the Chamber de- compromised. the residents of Libby. I strongly be- siring to vote? At a certain point, the time comes to lieve that too many people have suf- The result was announced—yeas 46, move forward with what we have. fered, and they deserve fair compensa- nays 53, as follows: Given how far we have come on this tion. I will do everything in my power [Rollcall Vote No. 28 Leg.] bill already over the last 8 years, and to help Libby make their community YEAS—46 considering all the compromises that whole again and to make sure their Akaka Feingold Murray have been made, we may get no bank- long-term health care needs are met. Baucus Feinstein Nelson (FL) ruptcy bill at all if we try to take more Passing bankruptcy legislation, with Bayh Harkin Obama amendments. consideration of my asbestos amend- Biden Inouye Pryor The lopsided votes in favor of this ment is essential. I will fight to get ad- Bingaman Jeffords Reed bill in the past—with 70, 83, and even 97 ditional protections for Libby residents Boxer Johnson Reid Cantwell Kennedy Rockefeller votes in this Chamber—reveal that we and then work to pass the bill. Carper Kerry Salazar are left with only a small minority of Unfortunately, we have not had an Chafee Kohl Sarbanes Clinton Landrieu opposition. The fact is that a large ma- opportunity to vote on this amend- Schumer Collins Lautenberg jority of this body recognizes that we ment, and it has been judged to be non- Snowe Conrad Leahy germane. The bankruptcy bill is all Specter are not doing anything radical in this Dayton Levin bill. about responsibility and account- Dodd Lieberman Stabenow Dorgan Lincoln Wyden We simply ask that higher-income ability. This amendment tries to hold Durbin Mikulski filers who can pay their bills, should W.R. Grace accountable for its actions.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2216 CONGRESSIONAL RECORD — SENATE March 8, 2005 Because we were not able to vote on Santorum Specter Thomas some embarrassment, people then went Sessions Stabenow Thune this amendment, I can not support lim- Shelby Stevens Vitter to bankruptcy court and said: I have no iting debate on this bill. Smith Sununu Voinovich place to turn. I just can’t do it. Snowe Talent Warner A court says: What do you owe? Give f NAYS—31 us all our assets. What do you have in checking and savings? How much is RECESS Akaka Durbin Mikulski your home and your car worth? Fur- The PRESIDING OFFICER. Under Baucus Feingold Murray Bayh Feinstein niture, everything—what is it all the previous order, the hour of 12:30 Obama Bingaman Harkin Reed worth? Where are your debts? We will p.m. having arrived, the Senate will Boxer Inouye Reid let you walk out of bankruptcy court stand in recess until the hour of 2:15 Cantwell Jeffords Rockefeller with very little left, but your debts p.m. Clinton Kennedy Sarbanes Corzine Kerry Schumer will be gone. Thereupon, the Senate, at 12:44 p.m., Dayton Lautenberg Wyden That happens to people. More often recessed until 2:15 p.m., and reassem- Dodd Leahy Dorgan Levin than not, medical bills drive them bled when called to order by the Pre- there. siding Officer (Mr. VOINOVICH). The PRESIDING OFFICER. On this There are other reasons. You lose vote, the yeas are 69, the nays are 31. f your job. How many people have you Three-fifths of the Senators duly cho- met in their fifties in America—I have BANKRUPTCY ABUSE PREVENTION sen and sworn having voted in the af- met many in Illinois—who had a great AND CONSUMER PROTECTION firmative, the motion is agreed to. career and a great job and lost it, then ACT OF 2005—Continued Mr. MCCONNELL. I ask unanimous went out looking for a comparable job consent that Senator DOLE be recog- The PRESIDING OFFICER. Under only to learn they were ‘‘too old for the nized for up to 15 minutes as in morn- the previous order, the hour of 2:15 p.m. market’’? There they sat, taking a job ing business, after which Senator JACK having arrived, the Senate will proceed that paid less, trying to maintain a REED of Rhode Island be recognized for to a vote on a motion to invoke cloture family and household that was basi- up to 10 minutes as in morning busi- on S. 256. Under the previous order, the cally financed with a higher salary not ness. clerk will report the motion to invoke that long ago. In desperation, they try The PRESIDING OFFICER. Without cloture. to keep things together, and it starts objection, it is so ordered. The assistant legislative clerk read to fall apart. The debts they incurred (The remarks of Mrs. DOLE and Mr. as follows: when they had a good job they cannot REED are printed in today’s RECORD CLOTURE MOTION handle anymore. under ‘‘Morning Business.’’) What else happens to people? Some We the undersigned Senators, in accord- The PRESIDING OFFICER (Mr. ance with the provisions of rule XXII of the people live on the margins already. COLEMAN). The Senator from Illinois. Standing Rules of the Senate, do hereby Some single mothers trying to raise move to bring to a close debate on Calendar AMENDMENT NO. 40 WITHDRAWN kids are in a situation where finally No. 14, S. 256, a bill to amend title 11 of the Mr. DURBIN. Mr. President, on be- something happens to them—a medical United States Code, and for other purposes. half of Senator PRYOR, I ask unani- bill, an unforeseen circumstance—and Bill Frist, Arlen Specter, Chuck Grass- mous consent amendment No. 40 be they are stuck in bankruptcy court. ley, Judd Gregg, Thad Cochran, R.F. withdrawn. The credit industry comes in and Bennett, Wayne Allard, Lindsey Gra- The PRESIDING OFFICER. Without says: We have to do something about ham, Jeff Sessions, Trent Lott, Rick objection, it is so ordered. Santorum, John Warner, John Thune, these payments. We have to make it Orrin Hatch, Lisa Murkowski, Mel Mr. DURBIN. Mr. President, now more difficult for them to walk out of Martinez, Sam Brownback. that we are postcloture, the number of that bankruptcy court having given up amendments is limited, and the type of The PRESIDING OFFICER. By unan- their assets with their debts basically amendments will be limited. I have imous consent, the mandatory quorum behind them. So the law is changed three pending amendments before the call has been waived. here in this 500-page bill written by the Senate relative to the bankruptcy bill. The question is, Is it the sense of the credit card industry, written by the fi- For those of you who have not fol- Senate that debate on S. 256, the Bank- nancial industry, to make it more dif- lowed the debate on this bill, this bill ruptcy Abuse Prevention and Con- ficult for a person to walk out of court will change the bankruptcy law in sumer Protection Act of 2005, shall be with their debts behind them. They America. Today, many people go into brought to a close? make sure in this bill that it is more bankruptcy court because they have no The yeas and nays are mandatory likely for many that they will walk out place to turn. They have more debt under the rule. of court still paying, on and on. As lit- than they can possibly pay. The clerk will call the roll. tle as $165 a month is enough to say One of the major reasons people The assistant journal clerk called the that you will never be forgiven in reach this point in life, the No. 1 rea- roll. bankruptcy. You will just keep paying son people go to bankruptcy court is The PRESIDING OFFICER. Are there and paying. The creditors will keep medical bills. Three-fourths of the peo- any other Senators in the Chamber de- calling and calling. That is what the ple in bankruptcy court with medical siring to vote? credit industry wanted. They worked bill problems had health insurance The yeas and nays resulted—yeas 69, hard for 9 years. They are going to win when they were diagnosed with their nays 31, as follows: this battle. illness. If you think, I don’t have to We came to the Senate floor and said, [Rollcall Vote No. 29 Leg.] worry about bankruptcy court because at least let us carve out some people YEAS—69 I have health insurance, so do these who really should be treated dif- Alexander Conrad Isakson people. What happened? They got sick. ferently. I am sorry that the marines Allard Cornyn Johnson Allen Craig Kohl The bills started piling up. Maybe they who were here earlier didn’t stick Bennett Crapo Kyl lost their job and their health insur- around. I wish they could have, I wish Biden DeMint Landrieu ance and couldn’t afford to pay the they could have heard the debate on Bond DeWine Lieberman COBRA premium, which people have to the floor of the Senate when I offered Brownback Dole Lincoln Bunning Domenici Lott pay once they have lost a job and an amendment and said: If you activate Burns Ensign Lugar health insurance. They gave up on a guardsman or a reservist for a year Burr Enzi Martinez their health insurance, and the bills or a year and a half and they go over to Byrd Frist McCain Carper Graham McConnell started stacking up. It reached the serve their country as they promised, Chafee Grassley Murkowski point for these folks where they had leaving behind a restaurant or a small Chambliss Gregg Nelson (FL) nowhere to turn. They faced $50,000, business which falls into bankruptcy Coburn Hagel Nelson (NE) $100,000, or $200,000 in medical bills while they are gone—and it has hap- Cochran Hatch Pryor Coleman Hutchison Roberts they could never pay off for the rest of pened—shouldn’t we give them a break Collins Inhofe Salazar their lives. In desperation, and with in bankruptcy court? For goodness’

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2217 sakes, these people aren’t morally defi- bills of your creation, shouldn’t we come tax returns. Get all the checks cient; they are our best, and they are give you a break under this tough new you can find. Let’s sit down. This will serving our country. They are pro- bankruptcy bill? Overwhelmingly, on a take some time. This is the current re- tecting you, me, and everyone else. partisan rollcall, the answer was, no. quirement under the law. So it is not I put in an amendment that said, at No. Ultimately you shouldn’t be dis- as if you walk into bankruptcy court, least for the men and women in the charged from bankruptcy even if those sign your name, and wave and leave military who face this kind of bank- weren’t your debts. out the other door. It is a long process. ruptcy—and it happens—let us give We said: What if the people lending During the course of the process, them a break in this bill. Let us not the money to you break the law while your creditors and the trustee in bank- put them through the harshest parts of they are lending it to you? What if ruptcy decide whether you are telling this bill. I lost the amendment 58 to 38. they take—and you know this story; it the truth. If you aren’t, they will Many of the Senators who go back happens in every community. What if throw you out of court on your ear. home and cheer the troops and how they take advantage of an elderly That is the way it ought to be. much we love them and how much we widow or widower living in that little Now comes this bill which says these want to stand behind them couldn’t home they have always had? They papers are not enough. Here we have wait to vote with Visa and MasterCard knock on the door: Boy, you sure could the new means test. This is an example and against the Army, Navy, Marine use a new roof, Ma’am. Luckily, I have of what you have to do in addition to Corps, Air Force, and Coast Guard. a company out here that will do it if all the current requirements to file That is what it came to. We lost that you just sign a few papers. bankruptcy. This is the means test in amendment. The next thing you know, you have this bill. It not only adds to the com- Senator KENNEDY came to the Senate one of these phony, predatory lenders plexity of this process, it adds to the floor and said: If you get swamped with coming in with a subprime mortgage cost. So here you are without enough a medical crisis in your family and go with a balloon clause, and grandma’s money to pay your bills, trying to fig- into bankruptcy court trying to get little house disappears. He looked so ure out how to come up with a filing out from under something you will trustworthy. He seemed like such a fee of $200, how to pay that lawyer who never pay off, shouldn’t you, when it is nice man. He told me this was a stand- is going to represent you in bank- all over, at least be able to go home? ard contract. Yes, I signed it. I should ruptcy, and along comes this bill which Shouldn’t you have a roof over your have called you, but I just signed it. says let me give you some more paper- head when it is all over if it is medical What about those people? Should work to fill out before you can qualify bills that put you in bankruptcy court? they be able to take away her home; go for bankruptcy. He offered an amendment and said: Let to bankruptcy court and stand in line The argument has been made over us at least protect $150,000 in equity in with all the other creditors and say, and over again in the Senate that peo- your home that you can go back to Treat me like another legal creditor? I ple below the median income do not after bankruptcy. didn’t think so. have to go through this. My amend- Think about that. What will $150,000 So I offered an amendment saying ment will clarify that, amendment No. buy you? In Springfield, IL, it buys you those people should not have the ad- 110. We want to make it clear that if a nice little house. What does it buy vantage of going to court if they have you have below the median income, you in Washington, Boston, New York, broken the law in the way they make you do not have to go through the and California? Not much. But when we the loan. I didn’t have a chance on that means test. In other words, on the first offered that amendment, only 40 Sen- amendment. Those who are supporting line up here, ‘‘current monthly in- ators voted for it and 58 or 59 voted this bill did not want to talk about come,’’ if you have proof your current against it. that. One Republican Senator sup- monthly income is in the lower income The argument behind this bill origi- ported me. Just one. categories, supposedly protected from nally was that too many people went Time and again, whether we are talk- this bill, that ought to be the end of to bankruptcy court because of their ing about victims of bankruptcy who the story. moral failure. They didn’t understand deserve a little help, or whether we are It is not now. I want to clarify that. that they can’t game the system, they talking about those gaming the system I want to make sure that Members of can’t use it in a way that is fundamen- from the creditor’s side, we found this the Senate who have come to the Sen- tally unjust and immoral by going to stone wall that separates this Cham- ate and said people below a median in- bankruptcy court when you shouldn’t ber. The Republican side does not want come could not have to worry about go. But in the two examples I have to consider any changes to this bill. this bill, really mean what they say. I given you, does that argument apply? The credit card industry has written it, emphasize and underscore my amend- Is there something fundamentally and they are sticking with it. ment does not in any way relieve those wrong with the values of men and The only perfect laws ever written filing for bankruptcy from meeting all women in uniform serving our country were written by God and Moses, as far the other requisite steps. They still who can’t keep that business afloat as I am concerned. All of the rest are need to complete a lot of forms and back home? Of course not. Is there amendable. All the rest can be im- schedules outlining assets and liabil- something fundamentally wrong with a proved. Here we assume that if it was ity. We add language that makes it person who feels as if he is on top of generated by the largest credit card abundantly clear that a court may not the world, goes in for a diagnosis at the companies in America, we cannot dismiss a case based on any formal doctor, and ends up with a life-threat- argue with them. means testing if the current monthly ening disease which costs hundreds of One of the best arguments that has income of the debtor falls at or below thousands of dollars where his health been made is, this bill does not apply the median family income of the appli- insurance fails him? Is that a moral to people who make less than the me- cable State. The language I offered failure? It is a failing of Congress. It is dian income. That has been a point merely reinforces what Members of the a failing of your Government to deal made over and over and over again dur- Senate on both sides of the aisle, par- with the realities of the challenges of ing the course of this debate. Why is it ticularly on the Republican side of the life, whether it is health care or service important? Because this new law im- aisle, have said over and over and over in the military. poses a brandnew set of requirements again from the beginning of the debate. We went in and argued: What if you in bankruptcy court for those who are Let’s look at the statement of my were the victim of an identity theft? above the median income. At least that friend and colleague, Senator ORRIN And it happens; it happened to me. is the argument. HATCH. Here is what Senator HATCH What if someone steals your identity Let me show this listing of all the said in the Senate: and runs up bills in your name? It can documents that now have to be filed in It is possible that during this debate some happen to anyone listening to this de- bankruptcy court. It is pretty long. I may falsely suggest that this bill unfairly bate. Senator BILL NELSON of Florida used to practice law. I know it takes treats low-income persons. Let me tell you said, in that situation; if all the bills time to fill these out. You sit down at the outset that the poor are not affected that have swamped you are not even with your client. You say: Get your in- by the means test. The legislation provides a

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2218 CONGRESSIONAL RECORD — SENATE March 8, 2005 safe harbor for those who fall below the me- Forces on active duty performing a attorney on my staff, a 9-month-old dian income, so they are not subjected to the homeland defense activity under title daughter of a friend of mine, all receiv- means test at all. 32, veterans or their spouses whose in- ing credit card applications. They are But they are. Under the current lan- debtedness occurred primarily during a throwing them at America. Many guage of this bill, it is not clear that 6-month or longer period of active duty Americans, without thinking twice, are they are exempt from the means test, or performance of a homeland defense, signing up, going more deeply in debt as Senator HATCH has argued. reservists of the Armed Forces or their than they should. Now, let’s take a statement from spouses, same situation, surviving The monthly statement from the Senator FRIST, the Republican leader spouses of those who died while serving credit card company—I am telling you of the Senate. Senator FRIST, on March as a member of the Armed Forces. this as a lawyer—flip that over and try 1, last week, said: We take a category of Americans to to read the fine print. Senator AKAKA It [the Bankruptcy Reform Act] estab- whom we all owe such a great debt of of Hawaii said: Shouldn’t they tell you lishes a means test that is based on fair prin- gratitude and say if their debts over- at least if you make a minimum ciple, a simple principle, and that is this, whelm them because they are serving monthly payment how much it is going that those who have a means should repay our country, we are going to give them their debts. A simple principle: Those who to cost you over the period of time it have the means should repay their debts. It a break, a chance to avoid this lengthy, will take to pay it off? Simple enough. specifically exempts anyone who earns less expensive means test in this bill. I hope The credit card industry opposed it. It than the median income in their State. my colleagues will reconsider their was defeated on the floor. The idea of That is what my amendment says. If earlier vote against this amendment. giving Americans more information so you earn less than the median income, This is a much more compact, succinct, they can make the right credit deci- finish the forms that are already pro- and limited break for those who are sions was defeated on the floor. vided in bankruptcy court, the new law serving. You have to believe the industry that does not affect you. But if you earn The last amendment I will offer, opposed providing that information is over the median income, you have to amendment No. 112, is if I fail on the an industry that doesn’t care if you go fill out more forms. So it means the previous amendment. Let me tell you head over heels in debt. They think lower income people, just as Senator what it says. It provides an exemption they are going to win. They are cer- from the means test only for disabled HATCH and Senator FRIST have said, tainly going to win if this bill passes will not have to go through the extra veterans who incurred their indebted- because that credit card debt is going expense and the extra time of going ness primarily during a period of serv- to hang on for a lifetime. You won’t be through mountains of paperwork. ice. It covers service on active duty or able to shake it. When we hear the sto- Let me also take a quote from Sen- during a National Guard homeland series of people who are going to be vic- ator SESSIONS from Alabama who has curity operation. Certainly we can give timized, I hope we will think twice been on the Senate floor in support of something of a break to these Ameri- about the wisdom of this legislation. this bill. Here is what he said: cans who have given so much to us. The trustees in bankruptcy were I go out to Walter Reed Hospital. Chairman Sensenbrenner pointed out that asked to take a look at what percent- Many of the men and women who have the means-based test only applies to people age of people filing for bankruptcy been injured are amputees. I remember with incomes above the median state aver- were fraudulent, had no business in age. Anyone below the state median income one in particular. I said: How are you? He said: My rehab is coming along court. They came up with the number does not qualify on the means-based test and 3 percent, 3 out of 100 are fraudulent their bankruptcy petition cannot be tossed just fine. I think I will be great. I have out of chapter 7 and put into chapter 13 my new leg. I am learning how to walk and should not be in court. Most of where some debts are paid back. on it. I would like to go back to my them are discovered. The credit card That is as clear as can be. Senator unit, but I am going to go back home. industry said, no, it is much larger. It is 10 percent, 1 out of 10. This bill SESSIONS told us that. Now we have an- I am a little bit concerned. I had a job doesn’t apply to the 10 percent of other statement from Senator SES- back home. I was an automobile me- fraudulent filers. This bill applies to SIONS: chanic. I don’t know if I will be able to every filer in bankruptcy. That is why I remind all of my colleagues that people return to that job. who are economically distressed and if the That situation for that man and for many of us think it is fundamentally income is below the median income already so many others reflects this change in unfair. will be exempt from the means test. their life. Yes, they will receive dis- I can read the votes. I have been So my challenge to all those who ability payments, but some of them, around Congress to know this is going made those statements is, prove it. because of the serious injuries they to pass. I certainly hope with these Prove it by voting for this amendment. have faced—head injuries, the loss of three amendments that my colleagues Prove it that if you establish that you both hands, the loss of both legs—will will take some time and consider have an income below the median in- not be able to return to the life they whether they want to live up to what come in your area, that you do not had before. Some of them may find they have said. If they want to exempt have to go through this means test. they can’t keep up with the debts that lower income families from the means They have all said it. Now they will have been incurred while they have test, my amendment lets them do it. If have a chance to vote on it. served our country. Is it possible the they do believe we owe something to Let me speak to one of my other Members of the Senate, for disabled the men and women in uniform, my amendments. I tried earlier in my first veterans, would give them a break if amendment gives them a chance to amendment to protect the soldiers ac- they are forced into bankruptcy be- vote that way. And if for no other rea- tivated and fighting overseas who lost cause of debts incurred while they son they want to show some sympathy their businesses. I failed, 58 to 38. I was served our country? That is my last and concern for disabled veterans who surprised by that rollcall, but I amendment. have given so much to our country, watched what happens. Virtually every I hope it doesn’t reach that point. I they will have a chance with amend- amendment has failed. As I said, some hope all of us who come to the floor to ment No. 112. view this as holy writ. I just view it as give important speeches in tribute to I hope the solid wall of opposition to a product of the credit industry, their the men and women in uniform will every single amendment will break best hope of something they want to cast important votes on behalf of those down. I hope my colleagues will take pass in the Senate. men and women. the time to read and consider these So I will offer amendment No. 111 to The credit card industry is important amendments. It will be a lot easier to exempt certain veterans and current to America. I think they can do a bet- face the people back home if we at members of the Armed Forces from the ter job in the business in which they least give some flexibility to this bill onerous administrative burdens result- are involved. They ought to take care, when it comes to these important ex- ing from the means test. We say in this with the flood of credit cards that they ceptions. amendment it applies to members and send to everybody under the sun—the I yield the floor and suggest the ab- spouses of members of the Armed 3-and-a-half-year-old little boy of an sence of a quorum.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2219 The PRESIDING OFFICER. The What I want to emphasize is that we wrong with the means test. People who clerk will call the roll. decided to create a bright line, a rule make high incomes—lawyers, doctors The legislative clerk proceeded to that would apply easily across the and accountants are examples—and file call the roll. country in bankruptcy court, and that bankruptcy, wiping out all their debts, Mr. SESSIONS. Mr. President, I ask is what we are doing—amending the who don’t care who got hurt by their unanimous consent that the order for law of bankruptcy court, which is a failure to pay and they care only about the quorum call be rescinded. Federal court, under Federal law. All themselves, this will crack down on The PRESIDING OFFICER. Without bankruptcies are done in Federal bank- those people who are abusing this sys- objection, it is so ordered. ruptcy court, so it is our responsibility tem. I don’t think there is anything Mr. SESSIONS. Mr. President, I am to deal with the problems in that wrong with it. I believe it is the right proud of the bipartisan bankruptcy bill court. So we created a bright line rule. thing to do. moving forward. We were excited over If you make below median income As a matter of fact, I hear even those the strong vote for cloture to bring and you owe debts, you can wipe them who oppose the bill say they don’t op- this debate to an end, 66 or more votes out, as you always have. You don’t pose the bill, but they have spent all for cloture. That was a tremendous bi- have to pay your doctor, your hospital, the time trying to confuse this, sug- partisan show of support. I know my the automobile mechanic down the gesting that poor people are going to friend, the Senator from Illinois, op- street who fixed your car, your broth- have to pay something back. The poses the bill. He has offered a lot of er-in-law back for his loan, the credit chances are, if they are poor and are amendments. Fundamentally he card company, or anybody else you making below median income in Amer- doesn’t like the bankruptcy bill. At owe—the bank, the credit union, wipe ica, they won’t have to pay back anyone point he did. At one point he was a them out. So if you make below me- thing. What if they make above median sponsor of it. For whatever reason he is dian income, the law is basically still income? Perhaps they will have to pay now not supporting the bill. That is all the same for the debtor; he wipes it back a portion of their debts. The right. out. We had expert testimony in the bankruptcy judge, under certain cir- Our goal with regard to the bank- Judiciary Committee, of which I am a cumstances, may order that they pay ruptcy bill was to continue the historic member, that said 80 percent of the back a certain percentage. They can be privilege that Americans can wipe out people who file bankruptcy make below made to pay a certain percentage of debts and have a fresh start. However, median income, only 20 percent above. those debts back through the court, since the new bankruptcy bill was We said what about people who make and it is distributed on a fair basis to passed in 1978—that is the new one we above median income, but they might the creditors who have claims against are now under, a big bankruptcy re- have special circumstances? Maybe the debtor for a period not to exceed 5 form—then we had about 200,000 filers they have a child who has a high years. That is what is commonly and in bankruptcy. Now there are 1.6 mil- monthly expense. Maybe the debtor legally known as chapter 13. lion filers in bankruptcy. A lot of peo- himself is disabled, with extraordinary A lot of people all over America ple are using bankruptcy as a way to medical expenses, or things of that na- choose chapter 13 and agree to pay avoid paying their just debts. We wres- back their debts because they think it tled with that. There was a lot of con- ture. We said we would make an excep- is the right thing to do, and it has cern that something is out of sync, tion for those people who have extraor- some personal advantages. A lot of peo- that the classic American moral value dinary expenses, and the estimates ple find it hard to believe, but in my that you ought to pay your debts if you show that would add another 7 to 10 home State of Alabama, about one-half can ought to be honored. percent who would be able to automati- At the same time we ought to create cally file under the median income of the filers in bankruptcy court a circumstance in which people can and, therefore, would not have to pay choose to file under chapter 13. What start over. As many Americans have any of their debts back under this happens when you go into chapter 13? learned, if they fall behind in payment other provision of bankruptcy law, All the phone calls have to stop. You of debts, creditors call. You can have chapter 13. So we agreed on that. cannot be sued. If a lawyer tries to exe- lawsuits filed against you. Families get That is the bill that passed. That cute a judgment against your property embarrassed. Court orders get issued. means test philosophy passed this Sen- after you filed in bankruptcy under ei- Those kinds of things can be upsetting ate, one time, 97 to 1. It passed three ther chapter 7 or 13, they are in con- to a family. Sometimes you get so far times in this body. The last time we tempt of court immediately. The fam- behind there is no way you can get out voted on it, it was 83 to 15 to pass the ily gets to calm down. The court helps of it. That is what bankruptcy is for. bankruptcy bill. We had the Schumer set up a repayment schedule for a part So we looked at it and tried to figure amendment on it—which we voted of the debts the debtor owes, and their how we could reach the right balance. down recently—at that time, and the paycheck may go to the bankruptcy How do we crack down on those who House of Representatives refused to court and they parcel it out to the var- want to get off scot-free, not pay their take the bill and pass it. It died be- ious creditors, and the debtor gets to debts, when they have the money to cause of the Schumer amendment, keep a certain amount to live on, what- pay them, and do we protect those who which was a maddening thing for those ever he or she needs. That is the way need a fresh start? First, let me tell of us who had been working on it for 4 chapter 13 works. It is not oppression you the power of bankruptcy. A person years. I thought it was unbelievable to go into chapter 13. Almost half of making $200,000 a year, who owes that such a small but poison pill could the people in my State who file bank- maybe $150,000 in various debts, can go kill the legislation. I have heard a lot ruptcy choose to file under chapter 13. into bankruptcy court and file bank- of times about how a poison pill can Well, Senator DURBIN quoted me. I ruptcy today and get all those debts kill a piece of legislation. Since I have was impressed that out of all those out discharged, when he or she could easily been in the Senate, I have never seen a here, he quoted me. I suppose he quoted have paid back most of them. That is more perfect example of a poison pill. me correctly, but maybe he was a little the way the system works. You read It came back up. Senator SCHUMER of- bit incorrect in interpreting what I had one of those ads and call one of those fered it and we voted it down earlier to say, or perhaps I spoke in a way he guys or ladies who advertises in the today. did not understand. I thought I was free newspaper at the checkout This bill will not have the poison pill clear. I said in my remarks that if you counter, and they tell you to call your in it. We sent it over there with bipar- make below median income, you are bankruptcy lawyer and wipe out your tisan support every time and, for one not subject to the means test. I guess debts. People do it—sometimes only reason or another, it didn’t become that technically may be a misspeaking. after talking to that lawyer who only law. The House supports it. I am con- What I meant was you are not required gets paid, frankly, if the client retains fident if we pass this legislation, with- to pay anything back under chapter 13. him to file a bankruptcy. They may out the Schumer amendment, it will He said, well, why fill out the forms? have other alternatives to get out of pass the House of Representatives and Well, you fill out the forms to see that financial difficulty and they may go to the President for signature. I em- whether your income falls below the not understand that. phasize all this to say there is nothing median income in America; that is why

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2220 CONGRESSIONAL RECORD — SENATE March 8, 2005 you fill out the forms. Surely, people pened, I trusted them to use that credit duty serving your country, you cannot would expect you, if you want to ask a card. What a wonderful thing. Any- be sued, they cannot take a judgment U.S. bankruptcy court in whatever where in America—actually anywhere against you, they cannot foreclose on State in America you are in and you in the world—you can stick that card your home, and there are a host of want to ask them to discharge your in a machine and out pops money. And other protections for them. debts, and you want them to order that if you pay it on time, you hardly pay They have those protections. Plus, you do not owe anybody you have been any interest. when you come back, you can bankrupt owing for the last 10 years, and your I am not here to condemn the credit against any of the debts you may have. debts are built up and you don’t want card companies, and I reject and am of- If you make above median income, the to pay any of them a dime, surely it is fended by the repeated suggestion that judge can consider and should consider not too much to ask somebody to show this bill is supposed to do nothing but military service as a special cir- what their income is, to bring in a pay- protect credit card companies. That is cumstance. I think that is the right roll stub to see what your paycheck is, false. It demeans the integrity of the way to do it. I believe we did the right and bring in an income tax return to Members of this Senate, in my view, thing on that issue. see what you have been showing on who have worked hard on a bipartisan It really hurts me to hear people sug- your income tax. What is wrong with basis, 85 to 15, the last time we passed gest, because they are unhappy with that? They say, oh, we have all these this legislation. I guess that is all they this bill and they filed an amendment documents. I am telling you, I don’t have to say when they complain about that was not adopted exactly like they think we ought to be shocked that be- the bill. wanted it, that we who adopted the fore a court wipes out maybe hundreds We talked about the military, and I amendment to deal with this issue are of thousands or tens of thousands of am concerned about our military. I of- insensitive to military men and women dollars in debt, they at least find out fered—and I was pleased that the Presi- serving America. how much income the guy has and how dent made part of his supplemental ap- Those are some of my thoughts, Mr. much property. What if they own 500 propriations bill—an amendment to in- President. I think the bill does a lot of acres of land out in the country? crease the death benefits of our sol- good. There are some things about Should they not have to declare their diers, raising the basic death benefit which we have not talked. We had the assets? from $12,000 to $100,000 and increasing critics dominate the debate and point Why should they keep property, the SGLI, Servicemen’s Group Life In- out everything they think is wrong and stocks, bonds, or anything else of value surance, to $400,000 from $250,000, retro- offer amendments. Senator FEINGOLD and not pay the people they solemnly active to the beginning of the war on has 15 amendments. Remember now, committed to pay? If they have assets, terrorism. It will help all those fami- this is the fourth time this bill has let’s find out what they are. That is all lies. been on this floor. The last time, we we are talking about. I, like other Senators, visited sol- debated over 2 weeks on the legislation How are you going to tell whether a diers in the hospital at Walter Reed. I with amendment after amendment. person qualifies for a means test if you visited them in Germany. I have been This time we are going to be 2 weeks do not have them produce some infor- in Iraq three times. I have talked with on it. I think we debated 2 weeks the mation about their income? I do not all the families from Alabama who other two times. There has been exten- think that is oppression, and I do not have lost soldiers in the war. I served sive debate. We have had debate and think people are being oppressed if a in the Army Reserve for 10 years, miss- amendments offered in the Judiciary credit card company lets them have ing by several years being activated in Committee likewise on these issues $5,000 and they do not pay a dime of it the first Gulf War. Some of my best where Senator FEINGOLD, Senator DUR- back. I do not think a person is being friends are still in the Army Reserve. I BIN, and others serve. oppressed. This is not some sort of understand what they are going We have tried to be fair and open. Ev- anti-capitalist body. People get money through. I talked with them in Iraq in erybody has had a chance to raise their all the time. They borrow money. They January of this year. Some have suf- concerns, but it is time to vote and get promise to pay it back. If nobody pays fered financial difficulties as a result. this bill in the barn and move on to back their debts, everybody who uses a We know that. other issues. credit card will find their costs going I offered the amendment that would I want to mention a couple points up. Every bank loan will go up; every make clear and explicit that a service that are so important for people in housing loan will go up. We have to man or service woman who has been America who are having a hard time. have integrity, but we are going to give activated and is not able to pay their Women and children who are victims of people—1.6 million of them a year last debts would, in fact, be a special cir- divorce and separation, deadbeat I heard—the ability to wipe out their cumstance that could keep them from dads—what about that issue? debts. For probably 90 percent of them, having to pay back their debts under In the course of our deliberations, we they can wipe out all of them if they chapter 13, and they would be able to made a bipartisan commitment to choose, and for the remaining 10 per- wipe out all their debts. No matter raise the top debts that arise from ali- cent, they may have to pay some back. what their debts are, if their income is mony or child support to the highest Some of those people absolutely ought below median income, they get to wipe level of a bankruptcy court. In other to be paying back some of their debts. them out anyway. It is just in that top words, when there is a limited amount We are all just victims here. It is so 20 percent, they may need special cir- of money, the bankruptcy judge de- discouraging to me to hear skilled cumstances. cides who gets paid first. In the past, Members of this body talk about the I defined it, and we passed—at the they have always paid the lawyers and American people as if they are just vic- same time, Senator DURBIN’s amend- the court fees, and then they had some tims and pawns. I have seen the polls. ment was voted down—to give them other things, and then women and chil- Overwhelmingly, the American people that special protection. I think that dren came along. We raised women and believe you ought to pay your credit was the right way to do it. Senator children to the top of the list. Of card debt back rather than pay other DURBIN had an automatic guaranteed course, that is one reason they are un- things because they know their inter- set-aside for them in a way that I happy with the bill—trust me. We also est rates are higher there. Frankly, I think was not as appropriate as the put some other provisions in it to re- think everybody ought to reduce their route the Senate chose to take. But he duce some of the litigation that goes credit card debt. They ought to chop got a vote on his amendment and I got on in bankruptcy court. them up and throw them away. a vote on my amendment. We raised women and children to the I was glad that my children—my two I also recall, for those who are listen- top of the list. The National Child Sup- daughters and son—when they were off ing, that we do have a powerful Sol- port Group and the National District at college had a credit card. I told diers and Sailors Relief Act that has Attorneys Association that handles them not to use it unless they had to, been updated. That is the new title. child support issues said it is abso- but if they were out on the road and The old, classical Soldiers and Sailors lutely a fact that women and children the car broke down, or something hap- Relief Act says if you are off on active have a substantial benefit under this

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2221 act. One person said it is a veritable see if we can get to an agreement on monthly income is below a median in- wish list for helping women and chil- our disagreement. come, they do not have to fill out all of dren who are owed child support and Right now, under current law, when I the additional paperwork required in alimony to collect those debts. And go into chapter 7 filing for bankruptcy, the means test, which is substantial they get paid even above so many other I am bound by the requirements of the and expensive. If the Senator feels as I people. Bankruptcy Code under section 521 to do, that that is what the law says or Also, I note that secured creditors file a list of my creditors, unless the should say, I hope the Senator will are next, and the unsecured creditors, court orders otherwise, a schedule of look at my amendment. It is not a such as the credit card people, and assets, liability, current income, cur- trick amendment. It is just trying to those with personal notes and bills, rent expenditures, and statement of clarify that point. such as your local gas station. Those debtor’s financial affairs and more Mr. SESSIONS. I would be glad to re- debts come in as unsecured debts, and when it comes to consumer debt cur- view the amendment. It would appear they are further down the list. rently. That is what happens when one clear to me that one does need to meet We do not raise credit cards above goes into bankruptcy court—and that certain basic filing requirements. people. We actually raised women and is this sheath of paper—they have to Mr. DURBIN. Absolutely. children up to the highest group. So I fill these things out. These are the doc- Mr. SESSIONS. So the income can be think there are a lot of good things in uments that get one into court. determined, and we did step that re- it, including a requirement that people Mr. SESSIONS. I would just add, one quirement up to require more in con- who want to pay their debts, cannot has to list those debts, and if they do nection with income tax return filings handle their money and manage it not list them they are not discharged and things of that nature. well, must attend a financial manage- and they can still be liable for them. I know the Senator is a member of ment course before being discharged So the debtor has to list his or her the Judiciary Committee and has from bankruptcy. We want to see peo- debts. worked hard on this bill, so I respect ple manage their money well, get rid of Mr. DURBIN. So one has to be care- his concern over this issue. I am not those credit cards, contain their spend- ful. They better put all of their debts one who believes we have a problem, ing and manage their money wisely. down if they want to have them dis- but I will be willing to look at it. That is what we would like to see them charged. Mr. DURBIN. If the Senator would be do. That is what the bill requires. Mr. SESSIONS. Right. kind enough to review my amendment, It also says a person at least ought to Mr. DURBIN. In comes the new law, I would appreciate it very much. talk with a credit counselor. These and the new law says if one is below I yield to the Senator. exist all over America. Many times median income, that is the end of the Mr. SESSIONS. I yield the floor. they can help people manage their story. They continue as currently re- Mr. DURBIN. I suggest the absence of money. They get the whole family quired under chapter 7. They do not a quorum. around the table, they talk honestly have to go through and prepare and file The PRESIDING OFFICER (Mr. about what their financial situation is, this means test which is required here MARTINEZ). The clerk will call the roll. what their debts are, and how they because they are not required to. The bill clerk proceeded to call the would have to be paid back. They have Page 18 of the bill, no one can chal- roll. the ability to call the bank, the credit lenge a person if in the case of a debtor Mr. FEINGOLD. Mr. President, I ask card company, or the mortgage com- in a household of one person, the me- unanimous consent the order for the pany and say: We believe this client dian family income of the applicable quorum call be rescinded. could file bankruptcy, but if you will State is applicable. So this is the point The PRESIDING OFFICER. Without allow them to reduce their payment to that has been made over and over, objection, it is so ordered. you for the next year and pay down again that having filed the basic docu- AMENDMENT NO. 89 some of these critical debts they owe, ments in bankruptcy, if it is then es- Mr. FEINGOLD. Mr. President, I call we will get back to you in full speed. tablished that one is below the median up amendment No. 89 and ask for its We will help them achieve that. We income, end of the story. This bill does immediate consideration. will work out a budget with them. The PRESIDING OFFICER. Without Many creditors agree to extend— not apply. That is the way I understood objection, the amendment is once some even forgive a part of their debts it. My amendment is trying to clarify it again pending. in order to help debtors so they do not Mr. FEINGOLD. Mr. President, I ask have to file bankruptcy, and they learn to make sure that is the way the Sen- unanimous consent that Senator something in the process. They do not ator understands it. In other words, if I KERRY, who is the ranking member of have to go into credit counseling. They have done all of the basic filing and I the Small Business Committee, be can go straight to the lawyers and file disclose my monthly income and I am bankruptcy in the traditional way. I below median income, then I do not added as a cosponsor to the amend- think some may decide that maybe have to fill out the forms for the means ment. The PRESIDING OFFICER. Without this is the better alternative for them. test; it does not apply to me. If they go in response to one of those I quoted the Senator earlier, Senator objection, it is so ordered. late night ads on television, or one of FRIST, and Senator HATCH, who have Mr. FEINGOLD. Mr. President, we those newspaper ads to the bankruptcy all said that on the Senate floor. My have spent a great deal of time debat- mill, they are not going to get that in- amendment clarifies that and says that ing and trying to improve provisions of formation in most instances, although unequivocally, after someone has filed this bill that affect consumer bank- some lawyers, I am sure, do give them their basic documents, if they dem- ruptcies. Most of my colleagues may advice. onstrate their monthly income is below not even be aware that this bill actu- Mr. DURBIN. Will the Senator yield the median income, they do not have ally contains provisions that make sig- for a question? to fill out the forms for the means test nificant changes to portions of the Mr. SESSIONS. Yes. as to what they can pay over the next Bankruptcy Code that relate to small Mr. DURBIN. We are having an ex- 10 years. They are not covered by that. businesses. They may not realize it, change, and maybe since we are both in Is that the Senator’s understanding but it does. Subtitle B of title IV of the the Chamber we can at least come to of what this law says? bill is entitled ‘‘Small Business Bank- an agreement on our disagreement. Mr. SESSIONS. I think that is my ruptcy Provisions,’’ and I doubt more And I will yield some of my own time understanding of it. than a handful of people in this body if it reaches the point where the Sen- Mr. DURBIN. Well, my amendment is have any idea what is in the subtitle. ator thinks it is taking advantage of only trying to clarify that. That is all The subtitle includes a number of his time. it is doing. What I just described to the new restrictions and requirements for Mr. SESSIONS. I was about to yield Senator is to say unequivocally, if small businesses that want to reorga- the floor, but, please, go ahead. someone files the initial documents nize under chapter 11. That is right, Mr. DURBIN. If the Senator would currently required under chapter 7 and these are requirements and restrictions stay for a few moments, I would like to demonstrates to the court that their for small businesses that do not apply

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2222 CONGRESSIONAL RECORD — SENATE March 8, 2005 to large companies. I was shocked tors to protect small businesses. My doomed to eventual failure, this bill when this came to my attention, but amendment calls on us to fulfill that will punish primarily small businesses there it is in black and white, subtitle responsibility in a very significant that would otherwise succeed. Profes- B, ‘‘Small Business Bankruptcy Provi- way. It would simply strike a number sors Baird and Morrison found that of sions.’’ of the provisions in title IV, subtitle B the small businesses that successfully These are not provisions to help of the bill. reorganize under chapter 11, nearly 40 small businesses, as one might expect Small businesses are the backbone of percent need more than 300 days to do from a bill that is going through the the American economy. According to so. In other words, the facts show that Senate. No, these provisions penalize the Small Business Administration, by 300 days, most failing small busi- small businesses. They make it harder small firms represent 99.7 percent of all nesses have already failed but many for small businesses to reorganize in employers and pay 44 percent of the viable small businesses are still strug- order to survive. total U.S. private payroll. Small busi- gling. We should be helping them, not Here is an example. Section 434 would nesses have generated from 60 to 80 per- terminating them. Forcing small busi- require regular reports on the small cent of the net new jobs created annu- nesses capable of successfully reorga- business’s profitability. They will have ally over the last decade. I can’t figure nizing into chapter 7 liquidation pro- to report all kinds of things: profit- out why, for the life of me, we are try- ceedings is bad for their creditors, and ability, cash receipts and disburse- ing to make life harder for small busi- tragic for the entrepreneurs who will ment, requirements to be in compli- nesses. see their livelihoods and their hard ance with postpetition requirements, What is particularly puzzling is that work over years or even generations timely filing of tax returns, and ‘‘such I have heard a number of my colleagues needlessly destroyed. Compare the hard deadline in the bill other matters as are in the best inter- complain about the burdens that they to what happens in the bankruptcies of ests of the debtor and creditors.’’ believe federal regulations impose on large corporations. United Airlines This is a mountain of information. small businesses. The head of the filed for chapter 11 protection in De- Mom-and-pop operations will have to Small Business Administration re- cember 2002. That is over 2 years ago. spend a great deal of time pulling these cently testified before the Small Busi- ness Committee that ‘‘[s]ome of the And the court has continually allowed reports together, and the reports prob- the effort to come up with a reorga- heaviest burdens borne by small busi- ably will not even be useful. Creditors nization plan that the creditors can ac- ness in America are the result of un- and judges examining a debtor’s profit- cept to continue rather than force the necessary federal regulation and red- ability rely on cash disbursements and airline to liquidate. We still don’t tape.’’ If my colleagues share that be- receipts, not self-reporting, because know what will happen in that case, they are more informative and less lief—and even if they don’t—why would but clearly it is worth trying to save subject to manipulation. It seems to we want to impose further Federal reg- that company, with all its employees me these reports will not be of much ulations and red tape on small business and devoted customers. Why don’t we use to anyone, but they will be quite chapter 11 bankruptcies? want to allow the courts to exercise The worst thing about this attack on burdensome for a small business to the same flexibility for small busi- small business is that it is utterly produce on a regular basis. nesses? Are they just not as important What is the penalty for failure to unprovoked. Another provision of this as the big corporations like United? Is jump through this bureaucratic hoop? bill would impose harsh deadlines on that the message the Senate is trying Dismissal. Again, not for large corpora- small businesses seeking to reorganize to send with this bill? I can hardly be- tions, mind you, which have armies of under chapter 11, but these deadlines lieve that my colleagues want to send accountants to handle paperwork like are apparently designed to solve a that message. But this could have a big this, but for the small entrepreneurs problem that doesn’t exist. The bill’s impact on the ability of small busi- who could be spending that time keep- drafters perhaps believed, back in 1998, nesses across the country to survive, so ing their businesses afloat instead of that chapter 11 offers a shelter for fail- I urge my colleagues to take a close producing these piles of paper for some ing small businesses, allowing them to look at this amendment. government file which basically no one delay the inevitable and die a lingering These new burdens on small busi- will ever use. death to the detriment of their credi- nesses are simply wrong. Congress sim- I do not want to have to go back to tors. But this is just not the case. ply should not be in the business of Wisconsin and have to explain to a gro- The bill would impose an arbitrary forcing viable small businesses into liq- cery store owner who is already work- 300-day hard deadline for a small busi- uidation. And why are large corpora- ing late into the night, trying to pull ness to file its reorganization plan. But tions seeking to reorganize not simi- her business through a financial crisis, a recent study of small business bank- larly burdened? Do the bill’s drafters that the Federal Government has de- ruptcy cases by Professor Douglas think that large businesses are more cided to keep her even longer to put to- Baird of the University of Chicago Law important than small businesses, so we gether a report that nobody even plans School and Professor Edward Morrison should give them extra time to reorga- to read. I am very concerned, almost of Columbia Law School shows that nize? ashamed of this Chamber to think I this deadline is completely counter- There is an additional irony here would have to tell her that if she were productive. According to this study, when you compare the requirements we a big corporation, if she were the big more than half of small business chap- put on large and small businesses in chain of huge grocery stores, then the ter 11 cases that fail—in other words, bankruptcy that my colleagues should law would not require this of her. It those that are dismissed, or converted consider. Large companies are often would not treat her this way. to chapter 7 liquidations—are termi- subject to a variety of reporting re- Professor Elizabeth Warren wrote, nated within 4 months of filing. Over 70 quirements by the federal securities when the same language was proposed percent are terminated within 6 laws that are not applicable to small during the 107th Congress: months. By 300 days more than 90 per- businesses. But the SEC often exempts A decision by Congress in 2001 that small cent have already left the system. In companies in chapter 11 from those re- businesses should bear greater costs, face other words, the 300-day deadline im- quirements. At the same time that shorter deadlines, file more papers and lose posed by this bill will affect a very large companies are often excused from any flexibility that a supervising judge small percentage of small business onerous reporting because of their might provide is a decision to shut down plans that are actually bound for fail- bankruptcy, this bill puts additional small businesses simply because they are ure. It constrains the discretion of reporting requirements on small busi- small. bankruptcy judges, without any appar- nesses. Where is the fairness in that? That is what Professor Warren wrote. ent justification for doing so, since re- If there is a crisis with small busi- I can see no justification for impos- organization cases without merit are ness bankruptcies, I am not aware of ing burdens on small business in the already being terminated in a timely it. Professor Warren, one of the coun- bankruptcy code that will not be im- manner. try’s leading bankruptcy experts, was posed on large corporations. It has al- Instead of protecting the system one of the authors of a 1999 Small Busi- ways been our responsibility as legisla- against abuse by small businesses ness Administration study. That study

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2223 found that one-third of bankrupt busi- proposed. Given the recent history of ing and children who have problems nesses had less than $100,000 in debts large-scale corporate bankruptcies and with the juvenile justice system and and almost four out of five had less scandals, the way this bill cracks down other related issues come from broken than half a million dollars in debts. on small businesses is not only mis- homes, unfortunately. The tremendous What is more, almost half—45 per- guided, it is shocking. We should be fo- pressures of a single head of household cent—of the small businesses had one cusing our energies on the real prob- holding down a job and keeping their or no employees when they filed for lem, not penalizing small businesses. family together is not easy. bankruptcy. These numbers don’t give I urge adoption of this amendment, This amendment I am offering today me any reason to think that small and I hope that small businesses all on this bankruptcy bill relates to these business bankruptcies are such a seri- across this country will be watching familial circumstances, and it comes in ous problem that we need to enact spe- this debate. Those people who think several parts. I am going to take a few cial provisions targeting them. the Senate is devoted to the interests minutes and explain this amendment Bankruptcy experts tell me that of small businesses may be in for a and why I believe it is important. these small business provisions are just rude awakening if this amendment is Very simply, during the financial cri- crazy. But they have been in the bill not agreed to. sis of living through a bankruptcy, forever, and most of the focus is on the I yield the floor. children should be protected to the consumer provisions when we debate I suggest the absence of a quorum. maximum extent possible. That is my this bill. Someone needs to stand up The PRESIDING OFFICER. The strong belief. I believe it is the belief of and say, ‘‘Wait a second. Why are we clerk will call the roll. all of us. Regardless of one’s politics or discriminating against small busi- The assistant legislative clerk pro- ideology, I think we all understand nesses in the bankruptcy laws?’’ I can’t ceeded to call the roll. that when a family is going through think of a single bill in my entire time Mr. DEWINE. Mr. President, I ask bankruptcy, we ought to do what we in the Congress—over 12 years—where unanimous consent that the order for can to protect the innocent. Whatever a single law on the books treats small the quorum call be rescinded. one’s feelings may have been about the businesses worse than big corporations. The PRESIDING OFFICER. Without parents, about their responsibility or That is the opposite of what we usually objection, it is so ordered. irresponsibility, children should not be do in this body. We always protect Mr. DEWINE. Mr. President, I ask penalized because of the sins or the small businesses. Why is this bill any unanimous consent to proceed in morn- faults of their parents. This amend- different? ing business and I also ask unanimous ment is designed to at least attempt, When I offered this amendment in consent that the time be counted as under those trying circumstances of a the Judiciary Committee, I heard two postcloture time. family going through bankruptcy, to arguments against it. The first was The PRESIDING OFFICER. Without protect those who are innocent—the that the provisions were recommended objection, it is so ordered. children—to the maximum extent pos- by the National Bankruptcy Commis- (The remarks of Mr. DEWINE and Mr. sible. sion. This is a very odd argument, com- DODD are printed in today’s RECORD About 39 percent of those filing banking from the same people who com- under ‘‘Morning Business.’’) ruptcy in the United States are single pletely ignored the commission’s work Mr. DEWINE. Mr. President, I sug- women raising children, almost 40 per- on consumer bankruptcy issues and gest the absence of a quorum. cent. About 29 percent, almost 30 per- drafted a bill largely in response to the The PRESIDING OFFICER. The cent of those filing for bankruptcy are credit industry’s recommendations. clerk will call the roll. men, and 32 percent of households fil- But more importantly, I have been told The assistant legislative clerk pro- ing for bankruptcy are married cou- that the commission provisions were ceeded to call the roll. ples. So we are talking about 70 per- created by certain commissioners who Mr. DODD. Mr. President, I ask unan- cent of those who are filing fall into wanted to reform chapter 11 for all imous consent that the order for the the area of single parents and their companies, large and small. The big quorum call be rescinded. problems related to it. While there may companies came in and said: ‘‘No, don’t The PRESIDING OFFICER. Without be some people who are trying to scam do that to us. Those deadlines are too objection, it is so ordered. the system—and there certainly are, restrictive.’’ Here is what happened. AMENDMENT NO. 67 and I do not argue with that point at The recommendation was amended to Mr. DODD. Mr. President, I call up all—I believe most people do not file apply only to small businesses. There amendment No. 67. bankruptcy lightly. It is a highly emo- was no showing that there are more The PRESIDING OFFICER. That tional time and one of financial crisis. abuses in small business bankruptcies amendment is pending. The most common reasons for 90 per- than in chapter 11 filings for large com- Mr. DODD. Mr. President, this cent of women filing for bankruptcy in- panies. Small businesses apparently amendment—we have checked with the clude medical emergencies, job loss, just didn’t have the right lobbyists Parliamentarian—is a germane amend- and divorce. Women are especially vul- watching the process. So they got ment to the bill. It was filed prior to nerable because they tend to have stung by these wrongheaded provisions the appropriate time, at the hour of lower incomes and fewer assets and are that live on year after year in this bill 2:30 p.m. yesterday. Let me explain more likely to be caring for children on without anyone coming forward to ex- what this amendment does and why I their own. plain why they are necessary or useful. am offering it this afternoon. If my colleagues truly cared, and I The second argument that came up I am offering this amendment to en- believe they do, about protecting in the committee was that small busi- able parents to meet the needs of their mothers and the innocent children who nesses support this bill. That is true, at children. We just heard our good friend are caught up in the tremendously dis- least for some small businesses. But and colleague from Ohio talk about ruptive time of bankruptcy, I think they don’t necessarily support the par- Mothers Against Drunk Driving and they will end up supporting this ticular provisions that I am talking the problems that occur with underage amendment. At least I hope they do. If about. They may not even know about drinking. It is appropriate, after that our colleagues truly care about mar- these provisions. Small businesses, like discussion, that I offer this amendment riage and strengthening marriages, large businesses, support the bill be- because it is not unrelated, we know they also would support this amend- cause it makes it harder for consumers the difficulty of single parenthood, of ment. I cannot think of many more to file for bankruptcy. But I doubt very how hard it is for single parents, the things more stressful on a marriage much that they want the law changed overwhelming majority of whom are than filing bankruptcy. to make it harder for struggling small women, to try to raise children on My amendment covers four main businesses to reorganize under chapter their own, all of the pressures of hold- areas to protect children during this 11. ing down jobs and managing a family. turbulent and emotional time. The This is an important example of how It will not come as any great surprise amendment would modify the means this bill fails to reflect lessons we have to my colleagues to know that a sig- test to provide greater flexibility and learned in the years since it was first nificant percentage of underage drink- reasonableness when calculating a

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2224 CONGRESSIONAL RECORD — SENATE March 8, 2005 debtor’s ability to pay. Allowable ex- keep personal property normally found with what I am about to say. Children penses are broadened to ensure that in or around the home, excluding auto- should not have to pay the price of parents, whether married or divorced, mobiles. This would ensure that in their parents’ mistakes, and yet that is can still support their children as they bankruptcy situations, families with what we are going to do with this bill live through a bankruptcy. children are able to keep, without fear if we do not take some steps to try to For example, the amendment would of repossession, household goods that correct the situation. allow a single mother, recently de- typically have no resale value. Since 1903, our Nation’s bankruptcy serted by her husband, raising children Fourth, the amendment would ensure laws have been guided by the firm prin- who has filed for bankruptcy to con- that debtors are not forced into bank- ciple that women and children must be tinue paying education expenses for ruptcy court to seek to prove that first in the distribution line of avail- her child. Let us say that the mother, some of these items have any value for able assets during a bankruptcy pro- being a religious person and from a resale and would necessarily have to be ceeding. For over a century, debt owed family that had used parochial schools added, forced into bankruptcy court to to children and families has been non- for generations, is struggling to keep prove these items were not luxury dischargeable. Thus, if a head of a her child in one of these parochial goods. household fails financially, whatever schools. In this case, her 10 year old This amendment, which I had hoped remaining assets he has could be used son has gone to a parochial school the managers of the bill would agree to spare his spouse or ex-spouse and his since kindergarten. It is where his to, it is more technical than anything children from impoverishment. We do friends go. After being fairly shy and else. I am sorry it is not being accept- this because those who are most vul- withdrawn, he has begun to thrive ed, because it goes to the very heart of nerable in our society deserve the most there, has developed close relationships what many of us have talked about and protection. with several of his teachers. The moth- tried to accomplish over the years Today’s bill, the Bankruptcy Abuse er was able to obtain a hardship reduc- since bankruptcy laws were first mod- Prevention and Consumer Protection tion in tuition from the archdiocese, ernized and adopted over a century ago Act, would fundamentally alter this reducing the tuition to $3,500 a year. in 1903. This amendment deals with delicate balance achieved after a cen- Under the means test in the pending families and spouses, with child sup- tury of jurisprudence. We are altering legislation, under our bankruptcy bill, port issues and where they come into the bankruptcy landscape for the ben- this mother could not file chapter 7 or context of priorities when it comes to efit of credit card industry without un- chapter 13 if she continued to send her discharging responsibilities under the derstanding or recognizing what the son to parochial school. The means test Bankruptcy Act. consequences for families will be. allows only $1,500 for tuition and any In 2003, as much as $95 billion in child Women and children will be dispropor- other education expenses—not enough support payments remained uncol- tionately affected by this legislation for any religious school. We are not lected in the United States. It is a unless it is amended, which is what I talking about some fancy prep school staggering sum of money and makes a am trying to do with the amendment or boarding school; we are talking huge difference to children growing up now before us. about a basic parochial school edu- under adverse circumstances. It is esti- Whether as debtors filing for bank- cation, which in many areas of the mated that one out of every other child ruptcy themselves or as creditors, country costs around $5,000 per year, living in poverty could be taken out of three-quarters of a million women will sometimes even slightly more. One of poverty if we were able to collect child be affected this year by the bankruptcy my neighbors told me that the paro- support. Forget about appropriations system, and it is estimated that as chial high school his son attends costs or tax provisions we may adopt. if we many as 1 million women will be af- roughly $8,000 a year. fected in the coming year. I agree with The child did not file for bankruptcy. could just collect the $95 billion in un- Why during this turbulent time should paid child support, we could virtually those of my colleagues who think the the child be ripped away from his circle eliminate poverty in one out of every bankruptcy law needs to be reformed of friends and moral mentors? This two children growing up under those and tightened. I do not disagree at all should be a time when the child needs circumstances in the United States. with that. But in my view it is possible his friends and trusted teachers the The bankruptcy bill before us is to enact legislation that tightens the most, his circle of security, particu- going to make it more difficult in laws without depriving debtors and larly during a time of separation by many ways for those families out try- their families of reasonably necessary parents and a bankruptcy. ing to find those spouses who owe this living expenses to care for their chil- The amendment would allow ex- child support to make it available. dren. penses associated with employment, Thus, I believe we are going to exacer- As this legislation is currently draft- such as child care, and it would allow bate the problem of children who rely ed, however, the credit card industry is alimony and child support to be used as on child support and families who rely protected, more protected than they intended to cover the needs of children on alimony being able to get those re- have ever been. Unfortunately, families in the household. Particularly with sources to minimize the effects that a are not, in my view. This bill could children, there are emergency expenses divorce and separation can cause. turn the lives of children and families that arise, and any means test ought to When one excludes the ability to re- literally upside-down. reflect that reality. ceive the financial support necessary I think it is enough of an emotional Second, this amendment would en- to make ends meet, the problem be- roller coaster for a parent to file bank- sure that support payments and other comes, obviously, even more pro- ruptcy, but I think to elevate the needs funds, such as refunds from the earned nounced, and children bear the price. of the credit card companies over the income tax credit or child tax credit, Again, I repeat, whatever one may feel needs of children is simply wrong. I am intended for the current needs of chil- about the parents and their irrespon- greatly concerned about the means dren do not become the property of the sibility, putting themselves and their test, which requires the trustee in bankruptcy estate with the corollary families in jeopardy, we ought to be bankruptcy to review all chapter 7 potential of being distributed to credi- highly sensitive to what happens to cases for ability to pay debts under a tors. Money intended to support chil- children. It is not their fault that their rigid IRS formula devised originally dren and their needs should go to chil- parents are filing bankruptcy. I do not for delinquent taxpayers, now to be ap- dren who need it, not creditors, in my believe necessarily it is the parents’ plied to bankruptcies. These standards view. Why should the earned income fault either in many instances, with neither take into consideration dif- tax credit or the refundable child cred- medical expenses, with divorce and job ferences in the cost of living from re- it be yanked away from supporting loss being the reason a large percent- gion to region, nor do they ascribe ra- children so that the depth of poverty in age of bankruptcies occur. tional expenses for the use of indi- which they may live becomes even Putting aside that for a moment, vidual families. In my view, these rigid greater? whether one agrees with those num- standards will deprive children and Thirdly, the amendment enables bers, I do not know of a single person families of reasonably necessary living debtors going through bankruptcy to in this Chamber who would disagree expenses.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2225 While moving child support to a first added to this legislation are positive going to hire a lawyer to go in and priority among unsecured creditors in improvements, they have not cured the prove that $501 was for necessities and chapter 7 sounds good, it is virtually problems caused by the other provi- not luxuries? We need to be far more meaningless, however. sions of the bill. In fact, they are ne- practical than that, it seems. To go to Listen to this. Fewer than 4 percent gated by them, in my view. These are Wal-Mart and buy food and clothes for of chapter 7 debtors have anything to provisions that give far greater collec- your children, necessities they may distribute to unsecured creditors. Lis- tion rights to the credit card lenders need, that is considered a luxury if it is ten to that again. Fewer than 4 percent and fewer, in my view, to families and more than $500. of chapter 7 debtors have anything to children. If you are a single woman as a cred- distribute to unsecured creditors. That This bill elevates credit card debt to itor, then you must wait until your ex- is to say 96 percent of these debtors a presumed nondischargeable status. If husband tries, or does not try, to de- have nothing to give out. So saying a debtor purchases items or services on fend a similar purchase. If he is unsuc- under chapter 7, ‘‘you are first in line,’’ credit from a single creditor within 90 cessful, there will be less money for means absolutely nothing except to 4 days of bankruptcy, and such items ex- him to pay child support. percent of those debtors. First in line ceed $500 in value, these items would be So on either side of the equation, if when there is nothing means nothing. presumed luxuries. you are the woman raising children on This is not a protection for women and Listen to that again. Within 90 days, your own, either as a debtor or a cred- families. It sounds good, but it is to- if you make purchases from a single itor, this places tremendous burdens on tally hollow when it comes to seeing to creditor exceeding $500, they are pre- your family. If this section is sustained these children and these families sumed luxuries—in 90 days—3 months. in the bill, then I urge the President to whom, for 100 years, we have done a Again, if you are a single parent with veto it, which I am told he would not better job of protecting. two or three kids, over 90 days $500 is do, but I hope he would. This legisla- Additionally, because the means test not a huge amount when you are talk- tion, regardless of what else is here, I increases the potential for dismissing ing about groceries or other essentials. think putting credit card debt ahead of chapter 7 cases, this bill channels Over a 3-month period—stretch it out kids is just wrong. many debtors into the 5-year, chapter and do the math—$500 over 90 days is I think all my colleagues are prob- 13 repayment plans, even though we really, in 21st century dollars, even if ably familiar with the popular TV ad know for a fact that two-thirds of such you go to the best discount stores, not where a father takes his son to a base- plans fail today. What will families live going to be enough to make it. Current ball game, they rack up maybe $100 in on during this time? What are pro- law allows up to $1,225 to be discharged costs—tickets, parking, hot dogs, ponents of this legislation going to do, within 60 days of bankruptcy. The bill sodas, maybe a popcorn to share and a go back to the time of Charles Dickens as reported would limit it to $500 with- small souvenir. The tag line in the or debtors prisons? in 90 days, as I have said. The amend- commercial says: ‘‘Cost of the mem- Under chapter 13, the bill would re- ment I will offer when the time comes ory—priceless.’’ quire that larger payments be made to to vote on it will allow not $500 but less What the commercial doesn’t tell you credit card companies. As a result, pay- than $1,200 to $1,000 within 70 days. So about is the memory may be priceless, ments of past-due child support would it is less than 90, a bit more than 60. It but if the next day that dad is unlucky be made in smaller amounts and over a is less than $1,200 under current law enough to lose his job, have a heart at- longer period of time, thus increasing but certainly more than $500 to get you tack, incur enormous hospital expenses the risk that children will not receive to $1,000. without health insurance, and can’t the support they need and the full debt Again, I don’t think this is any great make his minimum payments on time, would never be paid. luxury. You are trying to meet the the credit card companies are only too Mothers and children would be in di- needs of your family. To declare them happy to turn priceless into pricey. Un- rect competition with credit card com- to be luxuries—it doesn’t seem a lot to fortunately, pricey for the family with panies employing well-financed collec- me. Over a 90-day period it is not that finance charges, overcharges, penalty tion departments. How do you think hard to spend $501 at Wal-Mart to meet fees, and other means, can turn a mothers and children will fare when it kids’ needs. Most would agree such pur- dream into a nightmare. comes down to competing? It is hard chases are not luxuries. In 90 days This bill allows families to take a enough under the present system for alone, a family with children could ex- backseat to lenders, if lenders say their these people to collect the $95 billion ceed $500 on other expenses that arise claims are secured by the debtors’ they are owed in one single year in with children. property. For the first time in over 100 child support, when they now are going My amendment requires creditors to years, we have allowed these heretofore to also have to compete, under chapter prove at a hearing that such items unsecured creditors to get into the 13, with credit card companies who are were not reasonably necessary for the bankruptcy courthouse. Currently, well heeled and in a far better position maintenance and support of the debtor child and family support, taxes, and financially, with teams of lawyers, to and her dependents, shifting the burden student loans are not dischargeable go after these debtors. I do not believe to creditors rather than the parents. If debts. For the first time in a century, anybody could rationally conclude that the creditor wants to make the case, the proposed legislation before us a mother raising two or three children let them do it, but don’t lay the burden would bring into this unique category on her own, with limited resources, is for $501 on a single mother with young these other creditors—i.e., credit card going to be able to hire the lawyers to kids to hire lawyers to go in and make companies—which will make the com- compete with the credit card compa- the case these are not luxury items. I petition for scarce assets that much nies going after the debtor husbands in shift the burden over to the creditors. more fierce. These creditors have his- these cases. If they want to make the case, they torically been unsecured because they Those are the practical realities. So can do so. have received the benefit of high inter- for children and families, this bill I don’t know what the proponents of est and finance charges. Now they are makes life a lot worse because of ex- this legislation are intending here, becoming effectively secured creditors. actly what I have explained: we are other than to protect the credit card With all of these concerns in mind, moving people out of chapter 7, where companies at the expense of children. the amendment I am offering this there was nothing much to give any- If you have $501 of food, medicine, and afternoon seeks to address some of way, into chapter 13, where it becomes clothing expenses, and it is incurred these problems. I hope these efforts far easier for larger amounts of these within the last 90 days, then you have will win broad bipartisan support. I resources, larger payments, to be made to go to court and spend money to have been terribly disappointed that to the credit card companies. prove these are not luxuries—food, there has been no willingness to even I am very concerned about the provi- medicine, and clothing. This point is talk about some of these amendments. sions of the legislation that make cer- one I find stunning in its potential im- I don’t know why we can’t do this. This tain credit card debt nondischargeable. plications. By the very fact that you is not the end of the session. We are While the family support provisions are in bankruptcy court, how are you only in the month of March.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2226 CONGRESSIONAL RECORD — SENATE March 8, 2005 This is an important bill. I under- respondence that speak to these par- ing and after bankruptcy. The domestic sup- stand that. But it is going to have huge ticular issues. One is from the National port provisions in the bill may have been in- implications for years to come if we Women’s Law Center, a letter dated tended to protect the interests of mothers and children; unfortunately, they fail to do don’t sit down and listen to each other February 23, 2005. I will not read the so. carefully to try to work out some of whole letter. Let me read a couple of Moving child support to first priority these matters so we can put a bill to- paragraphs, because they go to the among unsecured creditors in Chapter 7 gether. Yes, it may require a con- heart of what I am talking about here. sounds good, but is virtually meaningless; ference; it may require some negotia- The letter reads: even today, with no means test limiting access to Chapter 7, fewer than four percent of tion. But isn’t that a wiser course to S. 256 would make it harder for women to Chapter 7 debtors have anything to dis- follow than to rubberstamp a proposal access the bankruptcy system because the tribute to unsecured creditors. In Chapter 13, means test requires additional paperwork of because the other body doesn’t want to the bill would require that larger payments even the poorest filers, harder for women to sit down in conference on the bank- be made to many commercial creditors; as a save their homes, cars and essential house- ruptcy bill, particularly when we are result, payments of past-due child support talking again about the most vulner- hold items through the bankruptcy process would have to be made in smaller amounts and harder for women to meet their chil- and over a longer period of time, increasing able in our society; that is, our children’s needs after bankruptcy because many dren? the risk that child support debts will not be more debts would survive. The bill also paid in full. And, when the bankruptcy proc- Again, I emphasize what I said at the would put women owed child or spousal sup- outset. We are talking about the inno- ess is over, women and children owed support port who are bankruptcy creditors at a dis- would face increased competition from com- cents here. I don’t want them to fall advantage by increasing the rights of many mercial creditors. Under current law, child prey to the claim that people taking other creditors, including credit card compa- and spousal support are among the few debts bankruptcy are guilty of something nies, finance companies, auto lenders and that survive bankruptcy; under this bill, somehow. others. The bill would set up an intense com- many additional debts would survive. But Again, if you accept the notion that petition for scarce resources between moth- once the bankruptcy process is over, the pri- most people who file bankruptcy are ers and children owed support and these orities that apply during bankruptcy have no commercial creditors during and after bank- meaning or effect. Women and children owed not doing so lightly, I don’t know of ruptcy. anyone who likes to admit they are so support would be in direct competition with The letter goes on. the sophisticated collection departments of messed up in every way possible that I ask unanimous consent that the commercial creditors whose surviving claims they put themselves in that situation. letter from the National Women’s Law would be increased. Are there people who take advantage? Center be printed in the RECORD. At the same time, the bill fails to address Yes. I know that is true. As we try to There being no objection, the mate- real abuses of the bankruptcy system. Per- cure that problem, let us not create rial was ordered to be printed in the petrators of violence against patients and health care professionals at women’s health more problems for those who through RECORD, as follows: no fault of their own find themselves in clinics have engaged in concerted efforts to NATIONAL WOMEN’S LAW CENTER, that situation; and, even worse yet, use the bankruptcy system to evade respon- Washington, DC, February 23, 2005. sibility for their illegal actions. This bill those who are completely innocent who Re oppose S. 256, the Bankruptcy Act of 2005. does nothing to curb this abuse. find themselves so disadvantaged that DEAR SENATOR: The National Women’s Law The bill is profoundly unfair and unbal- the ability of parents—particularly sin- Center is writing to urge you to oppose S. anced. Unless there are major changes to S. gle women raising children—to find it 256, a bankruptcy bill that is harsh on eco- 256, we urge you to oppose it. harder and harder to collect those child nomically vulnerable women and their fami- Very truly yours, support payments they desperately lies, but that fails to address serious abuses NANCY DUFF CAMPBELL, need to lift these children out of pov- of the bankruptcy system by perpetrators of Co-President. MARCIA GREENBERGER, erty, to make ends meet in the 21st violence against patients and health care professionals at women’s health care clinics. Co-President. century, with companies going bank- This bill would inflict additional hardship JOAN ENTMACHER, rupt every day. We must see to it that on over one million economically vulnerable Vice President and those families who are already going women and families who are affected by the Diretor, Family Eco- through an awful lot don’t find them- bankruptcy system each year: those forced nomic Security. selves going through even more. into bankruptcy because of job loss, medical Mr. DODD. Mr. President, I want to This amendment is a modest attempt emergency, or family breakup—factors quote a letter from the Children’s De- to readjust this section of the bill, to which account for nine out of ten filings— fense Fund, again expressing their con- inject some practicalities, to say that and women who are owed child or spousal support by men who file for bankruptcy. cern about these sections of the bill. I as we consider the rights of credit card Contrary to the claims of some proponents of will read from this letter as well. companies we are not going to forget the bill, low- and moderate-income filers— The Children’s Defense Fund is writing to the rights of children, so we will put who are disproportionately women—are not urge you to oppose S. 256, the bankruptcy some reasonable ceiling in here to protected from most of its harsh provisions, bill, that would hurt many Americans facing make it possible for everyone to be a and mothers owed child or spousal support financial problems through job loss, divorce, winner, so people can go to bankruptcy are not protected from increased competi- child rearing, lack of medical insurance, or court to get themselves out of debt, get tion from credit card companies and other predatory lending practices. This bill would inflict hardship on more than 1 million eco- on their feet again, see to it that credi- commercial creditors during and after bankruptcy that will make it harder for them to nomically vulnerable women and families tors are going to have an opportunity collect support. who are affected by the bankruptcy system to collect the obligations that are owed The bill would make it more difficult for each year. Medical emergency, job loss and them, and not penalize those who women facing financial crises to regain their family breakup are important factors which ought not be a part of this debate in economic stability through the bankruptcy account for nine out of ten filing for bank- any consideration. process. S. 256 would make it harder for ruptcy. The bill would also hurt women who I urge my colleagues to think about women to access the bankruptcy system, be- are owed child or spousal support by men these amendments. I know it means cause the means test requires additional pa- who file bankruptcy. The bill would make it changing the bill. I know it may mean perwork of even the poorest filers; harder for far more difficult for women to collect sup- women to save their homes, cars, and essen- port because credit card companies and other going to a conference for a day or two. tial household items through the bankruptcy commercial creditors will have greater But I urge my colleagues to at least process; and harder for women to meet their claims to the debtor’s resources during and look at these proposals. If they make children’s needs after bankruptcy because after bankruptcy. Being first among unse- some sense, as some of them do, can’t many more debts would survive. cured creditors in chapter 7 bankruptcy is we sit down and try to resolve some be- The bill also would put women owed child meaningless when over 95 percent of debtors fore we go ahead and pass a bill that I or spousal support who are bankruptcy credi- have no resources to pay unsecured credi- think many may regret down the road tors at a disadvantage. By increasing the tors. rights of many other creditors, including In chapter 13, the bill would require larger when we consider the implications for credit card companies, finance companies, payments to be made to many commercial those who are going to be adversely af- auto lenders and others, the bill would set up creditors resulting in smaller payments to fected by this legislation? an intensified competition for scarce re- past-due child support over longer periods of I also would like to add as part of the sources between mothers and children owed time increasing the risk that child support RECORD a couple of pieces of cor- support and these commercial creditors dur- debts will not be paid in full. And after the

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2227 bankruptcy is over, more and more debts are major changes to S. 256, we urge you to are not the only one in line, and other owed to commercial creditors will survive, oppose it. people in line have far more resources and mothers and children owed support are Very truly yours, and strength to be able to compete for not a match for the collection departments DEBORAH CUTLER ORTIZ, those debtors’ funds to compensate of the commercial credit industry. Director of Family Income and Jobs. these creditors. It puts families at a S. 256 contains a number of provisions Mr. DODD. Mr. President, the Asso- which would have a severe impact on fami- disadvantage. ciation for Children for Enforcement of There are a lot of other reasons to be lies trying to regain their economic stability Support is supporting this amendment through the bankruptcy process. concerned about this bill. I know my and opposes the legislation. The Amer- colleagues care about children. I know The letter goes on. Those are perti- ican Association of University Women, they care about families. They want to nent paragraphs when it comes to the American Medical Women’s Associa- see these innocents have a chance for a amendment which I am offering here tion, the Business and Professional decent life. This bankruptcy bill, if not today. Women of the United States, the Cen- amended, will make it far more dif- I ask unanimous consent that this ter for Law and Social Policy, the Cen- ficult to achieve those goals. letter be printed in the RECORD. ter for the Childcare Workforce, Child I yield the floor and suggest the ab- There being no objection, the mate- Welfare League of America, the Na- sence of a quorum. rial was ordered to be printed in the tional Council of Jewish Women, the The PRESIDING OFFICER (Mr. RECORD, as follows: National Organization for Women, the ALEXANDER). The clerk will call the CHILDREN’S DEFENSE FUND, National Partnership for Women and roll. March 3, 2005 Families, the YWCA of the United The legislative clerk proceeded to Re Oppose S. 256, The Bankruptcy Act of States—all are groups which support call the roll. 2005. the amendment and oppose this legisla- Mr. MCCONNELL. Mr. President, I DEAR SENATORS: The Children’s Defense tion. ask unanimous consent that the order Fund is writing to urge you to oppose S. 256, Again, I realize the hour is late. We for the quorum call be rescinded. a bankruptcy bill that would hurt many The PRESIDING OFFICER. Without Americans facing financial problems due to are getting closer to passage of this job loss, divorce, child-rearing, lack of med- bill. I don’t think it is so late, however, objection, it is so ordered. ical insurance, or predatory lending prac- not to try to make some modest Mr. MCCONNELL. Mr. President, I tices. This bill would inflict hardship on changes in this legislation that I think ask consent that at 5:45 today the Sen- more than one million economically vulner- would go a long way to providing some ate proceed to a vote on or in relation able women and families who are affected by relief for families. to the Feingold amendment No. 89, the bankruptcy system each year. Medical Again, this is one of the areas of law with the time equally divided in the emergency, job loss or family breakups are that is written into our Constitution. usual form until the vote; provided fur- factors which account for nine out of ten fil- ther that no amendments be in order to ings. Article I, section 8 of the U.S. Con- stitution, drafted back in the 18th cen- the amendment prior to the vote. The bill would also hurt women who are The PRESIDING OFFICER. Without owed child or spousal support by men who tury, specifically provided and called file for bankruptcy. The bill would make it upon the Congress of the United States objection, it is so ordered. more difficult for mothers to collect support to enact bankruptcy laws. To under- Mr. MCCONNELL. I ask the action because credit card companies and other stand why they did so, go back and we just took be vitiated. I will wait commercial creditors will have greater look at the Federalist Papers. They until Senator DURBIN gets to the floor claims to the debtor’s resources during and talked about doing it as an opportunity and I will reoffer the consent agree- after bankruptcy. Being first among unse- for people to get back on their feet ment. cured creditors in Chapter 7 bankruptcy is The PRESIDING OFFICER. Without meaningless when over 95 percent of debtors again. That was the idea—to see to it that creditors could be compensated to objection, it is so ordered. have no resources to pay unsecured credi- Mr. MCCONNELL. Mr. President, I the maximum extent possible, but that tors. In Chapter 13, the bill would require ask unanimous consent that at 5:45 larger payments to be made to many com- also those filing for bankruptcy would today the Senate proceed to a vote on mercial creditors, resulting in smaller pay- begin a new chapter in their lives, to or in relation to Feingold amendment ments of past-due child support over a longer get on their feet again. No. 89, with the time equally divided in period of time, increasing the risk that child It seems to me we ought to be trying support debts will not be paid in full. And the usual form until the vote; provided to do that with this legislation, not after the bankruptcy is over, more more further that no amendments be in only helping the creditors collect what debts owed to commercial creditors will sur- order to the amendment prior to the is due them, but simultaneously mak- vive—and mothers and children owed support vote. are not a match for the collection departing it possible for good people to get a The PRESIDING OFFICER. Without ments of the commercial credit industry. fresh start. objection, it is so ordered. S. 256 contains a number of provisions If in the process of helping the credi- Mr. DURBIN. If the majority whip which would have a severe impact on fami- tors get paid we make it more difficult lies trying to regain their economic stability would yield for a question, I have three for people to get on their feet again, we germane amendments pending. I think through the bankruptcy process. S. 256 would are lacking the balance which I think make it harder for women to access the others are in the same position, includ- bankruptcy system. Low and moderate in- we ought to be striking with this bill. ing Senator FEINGOLD. It is my hope to come families are not protected from many I urge my colleagues not to nec- move as quickly as possible to a quick, of the bill’s harsh provisions. Parents who essarily rely on what I have said here limited debate, for just very short peri- desperately need to preserve their homes today, but to review these sections of ods of time, and then to vote on these from foreclosure or prevent their families the bill and ask yourself realistically amendments in an effort to keep the from being evicted, or keep a car to get a whether in this day and age the kind of work, would find it more difficult to do so. bill moving forward. I ask the Repub- caps we are putting on, kind of forcing lican whip whether or not there are And, when the bankruptcy process was over, people into the chapter 13 category, if parents already facing economic disadvan- plans to call any other votes today or tage would find it harder to focus their in- we are not exactly undoing what we early tomorrow. come on reasonable and necessary support have done for 100 years to modern Mr. MCCONNELL. Mr. President, I for dependent children because many more bankruptcy laws. might say to my friend from Illinois, debts would survive. The modern bankruptcy laws put not we have been reviewing amendments. I Passage of the bankruptcy bill would make only families first but they also left am hopeful we can have some discus- it harder for families struck by financial them alone. If you were dealing with sion between now and the vote about misfortune to get back on track. It would child support and alimony, once you benefit the very profitable credit card indus- how we proceed from here. paid those, or set up a payment sched- Mr. DURBIN. I thank the Senator. try at the expense of the modest-income ule, whatever is left over, you dis- families who represent the great majority of Mr. MCCONNELL. I yield the floor. these who declare bankruptcy. Congress pensed to your creditors, you were not Mr. DURBIN. I suggest the absence of should not enact reform that puts women only the first in line, you were the only a quorum. and children at greater risk. The bill is pro- one in line. This changes that. You can The PRESIDING OFFICER. The foundly unfair and unbalanced. Unless there be first in line under this bill, but you clerk will call the roll.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2228 CONGRESSIONAL RECORD — SENATE March 8, 2005 The bill clerk proceeded to call the The PRESIDING OFFICER. The The PRESIDING OFFICER. Without roll. question is on agreeing to the Feingold objection, it is so ordered. Mr. CRAIG. Mr. President, I ask amendment No. 89. Mr. SESSIONS. Mr. President, will unanimous consent that the order for The yeas and nays have been ordered. the Senator restate her request? the quorum call be rescinded. The clerk will call the roll. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without The bill clerk called the roll. ator will suspend. The clerk will report objection, it is so ordered. The PRESIDING OFFICER (Mr. the amendment. AMENDMENT NO. 89 ISAKSON.) Are there any other Senators The bill clerk read as follows: Mr. CRAIG. Mr. President, I ask for in the Chamber desiring to vote? The Senator from California (Mrs. BOXER) the yeas and nays. The result was announced—yeas 54, proposes an amendment numbered 62. The PRESIDING OFFICER. Is there a nays 59, as follows: Mr. SESSIONS. Mr. President, re- sufficient second? [Rollcall Vote No. 30 Leg.] serving the right to object. There appears to be a sufficient sec- YEAS—41 The PRESIDING OFFICER. The Sen- ond. Akaka Feingold Mikulski ator from Alabama. The yeas and nays were ordered. Baucus Feinstein Murray Mr. SESSIONS. Would the Senator Mr. CRAIG. I ask unanimous consent Bayh Harkin Nelson (FL) Bingaman Inouye propound her unanimous consent re- EINGOLD Obama that Senator F have 2 minutes. Boxer Jeffords quest again? The PRESIDING OFFICER. Without Pryor Byrd Kennedy Reed Mrs. BOXER. I think it has already objection, it is so ordered. Cantwell Kerry Reid been agreed to. Mr. FEINGOLD. I thank the Senator Clinton Kohl Rockefeller Conrad Landrieu Mr. SESSIONS. I sought recognition. Salazar from Idaho. Corzine Lautenberg The PRESIDING OFFICER. The Sarbanes Mr. President, we are about to vote Dayton Leahy Schumer Chair did not hear the Senator origi- on an amendment that will tell this Dodd Levin Stabenow nally; however, precedent allows the Nation’s small businesses whether we Dorgan Lieberman Durbin Lincoln Wyden Senator to reserve the right to object stand with them. This bill includes a at this time. NAYS—59 number of new restrictions and re- Mr. SESSIONS. Will the Senator requirements for small businesses that Alexander DeMint McCain state her unanimous consent? There want to reorganize under chapter 11. Allard DeWine McConnell Allen Dole was noise on the floor, and I just did These requirements and restrictions Murkowski Bennett Domenici Nelson (NE) not hear it. for small businesses don’t apply to Biden Ensign Roberts The PRESIDING OFFICER. The Sen- Bond Enzi large companies. I was shocked when Santorum ator will suspend a moment. this came to my attention, but there it Brownback Frist Sessions Bunning Graham Shelby Will the Senator from California re- is in black and white: Subtitle B, Small Burns Grassley Smith state her request. Burr Gregg Business Bankruptcy Provisions. And Snowe Mrs. BOXER. I ask unanimous con- these are not provisions to help small Carper Hagel Chafee Hatch Specter sent the pending amendment be set businesses as one might expect from a Chambliss Hutchison Stevens aside so I may call up amendment No. Sununu bill that is going through the United Coburn Inhofe 62. It would then be my intent to ask it States Senate. No, these provisions pe- Cochran Isakson Talent Thomas be laid aside. I believe we have an nalize small businesses. They make it Coleman Johnson Collins Kyl Thune agreement that I be given 10 minutes harder to reorganize in order to sur- Cornyn Lott Vitter in the morning, followed by a vote at a vive. Craig Lugar Voinovich Crapo Martinez Warner time both sides can agree to. These new provisions are entirely un- The PRESIDING OFFICER. Is there necessary. There is no crisis in small The amendment (No. 89) was rejected. objection? The Senator from Alabama. business bankruptcies. And a new Mr. FRIST. Mr. President, for the in- Mr. SESSIONS. I object at this time, study shows. that most failed attempts formation of our colleagues, we are but I would check with our colleagues, at chapter 11 reorganization are con- making great progress on the bill. We and if that is acceptable—I could check cluded within 300 days, which is the are in the cloture period. We will not that, but I would object at this time. hard deadline in the bill. But 40 percent have further rollcall votes tonight, al- Mrs. BOXER. Mr. President, I will of reorganizations that succeed take though we will keep the clock running suggest the absence of a quorum. longer than 300 days. That means that in the cloture period and we will con- The PRESIDING OFFICER. The this bill is going to make some small tinue debate over the course of tonight. clerk will call the roll. businesses fail that don’t have to. That So we are here. We do encourage people The legislative clerk proceeded to is an absurd result. Remember the who do want to speak on the bill to call the roll. United Air Lines Chapter 11 reorga- come and speak. Mr. DURBIN. Mr. President, I ask nization is over two years old and it is Tomorrow morning we will, after dis- unanimous consent that the order for still going on. Why shouldn’t small cussion on both sides of the aisle with the quorum call be rescinded. businesses get that kind of leeway if the managers, have a series of stacked The PRESIDING OFFICER. Without there is a chance they can pull rollcall votes in the morning in order objection, it is so ordered. through? to not have rollcall votes tonight. But These provisions haven’t received we are on the bill. The clock will con- AMENDMENT NO. 111 WITHDRAWN nearly the attention in this body that tinue to run, and debate should con- Mr. DURBIN. Mr. President, I ask the portions of the bill that deal with tinue. There will be no rollcall votes consent my pending amendment No. consumer bankruptcies have received. tonight, stacked votes tomorrow. We 111 be withdrawn. We need to take these provisions out. would expect to finish this bill in all The PRESIDING OFFICER. Without Doing so won’t have any effect on the likelihood sometime tomorrow, late to- objection, it is so ordered. core provisions of this bill. But it will morrow. AMENDMENT NO. 62 prevent a real injustice from being I yield the floor. Mr. DURBIN. Mr. President, I ask done to small businesses. Forcing a Mrs. BOXER addressed the Chair. unanimous consent the pending amend- small business to liquidate rather than The PRESIDING OFFICER. The Sen- ments be set aside so that Senator reorganize is bad for creditors, bad for ator from California. BOXER may call up amendment num- consumers, and bad for small busi- Mrs. BOXER. Mr. President, I ask bered 62. nesses. I urge the adoption of the unanimous consent that the pending The PRESIDING OFFICER. Without amendment. amendments be set aside so I may call objection, it is so ordered. The PRESIDING OFFICER. The Sen- up amendment No. 62, and then I will The clerk will report. ator from Idaho. ask it be laid aside. The assistant legislative clerk read Mr. CRAIG. Mr. President, Chairman The PRESIDING OFFICER. Is there as follows: GRASSLEY would ask for a no vote, as objection? The Senator from California [Mrs. BOXER] would Senator HATCH. Mr. SESSIONS addressed the Chair. proposes an amendment numbered 62.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2229 Mrs. BOXER. I ask unanimous con- the Senate, all time overnight until This amendment would modify the sent reading of the amendment be dis- the Senate resumes consideration of bankruptcy code to ensure better pro- pensed with. the bill be counted under the provi- tection for victims of domestic vio- The PRESIDING OFFICER. Without sions of rule XXII. lence by granting them relief from objection, it is so ordered. The PRESIDING OFFICER. Is there summary eviction from their rental The amendment is as follows: objection? housing. Relief may be granted only (Purpose: To provide for the potential Mr. DURBIN. No objection. under the condition that the debtors disallowance of certain claims) The PRESIDING OFFICER. Without certify under penalty of perjury that On page 132, between lines 5 and 6, insert objection, it is so ordered. they are victims of domestic violence the following: Mr. GRASSLEY. Mr. President, I whose physical well-being or whose SEC. 234. DISALLOWANCE OF CLAIM IF BASED ON suggest the absence of a quorum. children’s physical well-being would be EXTENSION OF CREDIT TO CERTAIN The PRESIDING OFFICER. The INDIVIDUALS UNDER 21 YEARS OF threatened through eviction. our AGE. clerk will call the roll. amendment would not allow families Title 11, United States Code, as amended The assistant legislative clerk pro- to take advantage of the system, but it by this Act, is further amended by inserting ceeded to call the roll. will be a life-saver for those who would after section 112 the following: Mr. GRASSLEY. Mr. President, I ask face danger if they lost their homes. ‘‘§ 113. Disallowance of claim if based on ex- unanimous consent that the order for This amendment is supported by the tension of credit to certain individuals the quorum call be rescinded. National Coalition Against Domestic under 21 years of age The PRESIDING OFFICER. Without Violence, the National Network To End ‘‘(a) IN GENERAL.—In making a determina- objection, it is so ordered. Domestic Violent and the Family Vio- tion of whether to disallow a claim under Mr. LEAHY. Mr. President, my lence Prevention Fund. I ask unani- this title, the court shall consider if the amendment, cosponsored by my friend claim is based upon an extension to an indi- mous consent to print in the RECORD and colleague, Senator CANTWELL, vidual of unsecured credit and the factors letters from those groups voicing that listed in subsection (b) are present. The fac- would greatly assist the many victims support. tors listed in subsection (b) may be the basis of domestic violence whose physical There being no objection, the mate- for a disallowance of a claim under this title. well-being or whose children’s physical rial was ordered to be printed in the ‘‘(b) FACTORS.—The factors under this sub- well-being would be threatened by sum- Record, as follows: section are the following: if the individual, mary eviction as a result of filing or MARCH 7, 2005. at the time unsecured credit was extended— bankruptcy. I ask unanimous consent DEAR SENATOR: As national organizations ‘‘(1) was under 21 years of age; that the text of our amendment be working to address the varied needs of vic- ‘‘(2) did not have a co-obligor on such unse- tims of domestic violence, we urge you to cured credit who was a parent or spouse of printed in the RECORD after my re- support Senator Leahy’s proposed amend- the individual; marks. ment to the Bankruptcy Abuse Prevention ‘‘(3) had an income level that was below or The PRESIDING OFFICER. Without and Consumer Protection Act of 2005, S. 256. at the poverty line (as defined by the Office objection, it is so ordered. This provision is essential for the many vic- of Management and Budget, and revised an- (See exhibit 1.) tims of domestic violence whose physical nually in accordance with section 673(2) of Mr. LEAHY. The connection between well-being or whose children’s physical well- the Community Services Block Grant Act (42 domestic violence, economic abuse, and being would be threatened by summary evic- U.S.C. 9902(2))); and housing is overwhelming. Women and tion as a result of filing for bankruptcy. ‘‘(4) already had 6 or more unsecured credit children who are fleeing domestic vio- Economic abuse is an integral part of do- cards.’’. lence make up a significant portion of mestic violence. Abusers often assert eco- Mrs. BOXER. I ask unanimous con- the homeless population. According to nomic control by forbidding their victims sent the amendment be set aside. the United States Conference of May- from working, giving them little or no access The PRESIDING OFFICER. Without to family finances, or destroying their cred- ors, 57 percent of cities surveyed iden- objection, it is so ordered. it. Many battered women have current or tified domestic violence as a primary Mrs. BOXER. I thank my colleagues former partners who actively interfere with cause of homelessness. very much. their efforts to work, harass them at work, I suggest the absence of a quorum. These women and children are home- threaten them and their children, withhold The PRESIDING OFFICER. The less because in their desperate attempt transportation or childcare, or beat them so to leave their abusers they find them- severely that they cannot work. These vic- clerk will call the roll. tims are sometimes pushed into filing for The assistant legislative clerk pro- selves with few, if any, funds with which they can support themselves. bankruptcy as a result of this abuse. ceeded to call the roll. Evicting these victims from their homes Mr. GRASSLEY. Mr. President, I ask Victims of domestic violence have a not only exacerbates an already difficult sit- unanimous consent that the order for tough time finding room at emergency uation, but also puts many families in direct the quorum call be rescinded. homeless or domestic violence shelters, danger. On average, it takes six to ten The PRESIDING OFFICER. Without and often fail to find adequate housing months to secure housing. During this time, objection, it is so ordered. because affordable, long-term housing victims would be forced to stay at emer- Mr. GRASSLEY. Mr. President, I ask is not available in so many commu- gency homeless or domestic violence shel- unanimous consent that when the Sen- nities. If housing is available there are ters. Unfortunately, those shelters are often often long waiting lists. Victims face full; in 2003, 32% of the requests for shelter ate resumes the bankruptcy bill tomor- by homeless families went unmet due to the row morning, the Senate begin 10 min- unique causes of their financial hard- lack of emergency shelter beds available. utes of debate equally divided on each ships due to the fact that batterers fre- Even when space is available, most shelters of the following amendments in the quently harass their victims at work, limit the length of stay to 30 days. order mentioned below; provided fur- and survivors are often fired or cannot Faced with this lack of housing and serv- ther that following that debate the maintain steady employment resulting ices, victims must choose between life with Senate begin a series of votes on or in in losing the ability to pay for housing. an abusive partner or life on the streets. relation to the amendments in that Faced with the lack of stable housing, Studies indicate that victims of domestic vi- finances and services, victims must olence often return to their abusers because same order; provided that no amend- they cannot find long-term or transitional ment be in order to the amendments choose between life with an abusive housing. At the other extreme, more than prior to the ordered votes. I further ask partner and life on the streets. 50% of homeless women and children are that there be 2 minutes equally divided Our amendment would provide leni- homeless because they are fleeing domestic for debate between the votes after the ency for women and children who are violence. Once homeless, women are at high first vote and, lastly, that all votes in affected by domestic violence and risk for experiencing further violence. Many this sequence after the first vote be would, in fact, help victims to move studies have found that 90–100% of homeless limited to 10 minutes in length. forward and start new lives. Without women have been physically or sexually as- the threat of losing their housing, saulted. The amendments are Durbin, No. 110; The tremendously negative impact of such Harkin, No. 66; Boxer, No. 62; Dodd, No. women and children who are survivors evictions becomes greater when victims with 67. of domestic violence will not be forced children are forced out of their homes. Chil- I further ask unanimous consent that to a situation where they are homeless dren without a home are in fair or poor notwithstanding the adjournment of or returning to their abuser. health twice as often as other children, and

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2230 CONGRESSIONAL RECORD — SENATE March 8, 2005 have higher rates of asthma, ear infections, lence are taken into consideration when the cerns about numerous aspects of the stomach problems, and speech problems. Senate reviews this legislation. credit card industry. Homeless children are also more likely to ex- Sincerely, I want to indicate for the record that perience mental health problems, such as JILL MORRIS, I share many of these concerns. Fur- anxiety, depression, and withdrawal. They Public Policy Director. thermore, I want to point out that I am are twice as likely to experience hunger, and Mr. LEAHY. Congress must recognize four times as likely to have delayed develop- aware of his particular concerns as well that victims of domestic violence face ment. School-age homeless children face bar- as those of Senators KYL and FEIN- dangerous situations and should not be riers to enrolling and attending school, in- STEIN. cluding transportation problems, residency forced from housing due to their finan- Mr. SARBANES. I thank Chairman requirements, inability to obtain previous cial difficulties. We cannot force SHELBY and Senator FEINSTEIN. I ap- school records, and lack of clothing and women and children who have endured preciate their interest in this matter school supplies. domestic violence from safe spaces Individuals claiming relief under this pro- and believe these are serious issues vision would be required to testify, under that provide the stability needed to that merit further attention. penalty of perjury, that they were victims of make a new life. Mr. SHELBY. I fully agree and there- domestic violence and that they or their EXHIBIT 1 fore I am willing to commit to holding children would be in physical jeopardy if (Purpose: To protect victims of domestic vio- a hearing in the Banking Committee to they were evicted. Thus, this amendment lence who file for bankruptcy from sum- examine the practices within the credit will not allow families to take advantage of mary eviction if their physical well-being the system, but will be life-saving for those is threatened) card industry. I believe it is our re- who would be in danger if they lost their On page 156, line 18, insert ‘‘, unless the sponsibility to develop a complete homes. debtor certifies under penalty of perjury that record on these matters so that we can We urge you to support Senator Leahy’s the debtor is a victim of domestic violence make informed judgments as to wheth- amendment and provide this much needed whose physical well-being or whose chil- er we need to take any specific actions. assistance to domestic violence victims. dren’s physical well-being would be threat- Sincerely, I look forward to obtaining input ened if relief from the stay is granted’’ be- ALLISON RANDALL, from Senator SARBANES and from Sen- fore the semicolon. National Network to ators KYL and FEINSTEIN in putting to- End Domestic Vio- REGULATING CREDIT CARDS gether this hearing. lence. Mrs. FEINSTEIN. I appreciate the Mr. SARBANES. I thank Chairman JILL MORRIS, willingness of the chairman and rank- SHELBY for his leadership on this issue. National Coalition ing member of the Banking Committee I look forward to working with the Against Domestic Vi- to work with Senators KYL, BROWN- Senator on developing a hearing at olence. BACK KIERSTEN STEWART, , and me on this important issue. which the Banking Committee will re- Family Violence Pre- And I understand that the Banking ceive testimony on credit care disclo- vention Fund. Committee has an interest in regu- sures and other practices. A number of lating credit cards. Senators have raised significant issues NATIONAL COALITION AGAINST I would like to state here, for the regarding the credit card industry and DOMESTIC VIOLENCE, record, the key points of the agreement I appreciate the Senator’s willingness February 28,2005 that we have arrived at: to examine them and hear all inter- Senator PATRICK LEAHY, Senators SHELBY and SARBANES have ested Senators. Russell Senate Office Building, agreed to hold a hearing within 6 Washington, DC. Mr. SHELBY. I agree. DEAR SENATOR LEAHY: It is with great sup- months on the substance of the amend- Mr. SARBANES. I will support the port that I write to you on behalf of the Na- ment to the Bankruptcy Bill that Sen- Chairman’s efforts. tional Coalition Against Domestic Violence ator KYL, BROWNBACK, and I offered, on and the more than 3,000 local shelter pro- increasing notice to credit card holders f grams that we represent to thank you for who pay only their minimum monthly your efforts to assist those individuals that payments. I understand that this hear- MORNING BUSINESS are or have been impacted by the vast epi- Mr. GRASSLEY. Mr. President, I ask demic of domestic violence. ’ ing will address a set of issues relating Women fleeing domestic violence make up to credit cards and consumer rights. unanimous consent that there now be a a significant portion of the homeless popu- However, I also understand that Sen- period for the transaction of morning lation. According to The United States Con- ators SHELBY and SARBANES will ensure business, with Senators permitted to ference of Mayors (December, 1999) 57 percent that the substance of agreement, will speak for up to 10 minutes each. of cities surveyed identified domestic vio- be directly considered, and will be an The PRESIDING OFFICER. Without lence as a primary cause of homelessness. area of focus, during that hearing, and objection, it is so ordered. Therefore, amending the bankruptcy code, as that I will be afforded the opportunity proposed in S. 256, with a provision that pro- f vides leniency on persons who are affected by to testify. I understand that Senators SHELBY domestic violence would, in fact, help vic- COMMEMORATING THE 60TH ANNI- tims to move forward and start new lives. and SARBANES will work with me, with VERSARY OF THE BATTLE OF Without the threat of losing their housing Senator KYL, and with members of the IWO JIMA victims will not be forced to a situation Banking Committee to ensure that this where they are homeless or returning to issue and my bill are carefully consid- Mrs. DOLE. Mr. President; this their abuser. month marks the 60th anniversary of Victims of domestic violence often cannot ered. My bill would give those con- find adequate housing. One very important— sumers who make only the minimum the victory at Iwo Jima. That battle is reason is that affordable, long term housing required payments for 6 months de- remembered as one of the bloodiest in is not available in their communities. If tailed notice about the interest and Marine Corps history. Approximately housing is available there are often long length of time that it will take them to 70,000 American and 22,000 Japanese waiting lists or the abuser is able to quickly pay their own individual debt and in- troops engaged in a month long battle locate and begin abusing the survivor at her terest. for the Pacific Island that was critical new residence. Secondly, due to the fact that Because the chairman and ranking to the air bombardment of mainland batterers frequently harass their victims at Japan. The heroic achievements of our work, survivors are often fired or cannot member of the Banking Committee maintain steady employment resulting in agree to take these actions, I will agree nation’s warriors throughout this loss ability to pay for housing. Lastly vic- to withdraw my amendment. Do Sen- treacherous battle attest to the cour- tims of domestic violence are forced to re- ators SHELBY and SARBANES agree? age and character not only of the brave main in abusive relationships because of fi- Mr. SHELBY. I absolutely agree with men who fought there, but of our na- nancial dependency and the lack of stable Senator FEINSTEIN and look forward to tion as a whole. housing. The amendment to S. 256 recognizes working with the Senator. The island of Iwo Jima consists of that victims of domestic violence are in a I say to Senator SARBANES, through coarse volcanic sand that impeded the dangerous situation and should not be forced from housing due their financial difficulties. the course of the debate on the bank- movement of men and machines as We commend you on your efforts to ensure ruptcy bill it has become clear that they struggled up the beach. Unable to that those who are affected by domestic vio- there are many Senators who have con- dig fighting holes, the Marines were

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2231 sitting ducks for the Japanese gunners Though extremely costly, the ability possess the same qualities of tenacity hiding in a network of caves. to launch and recover aircraft on Iwo and valor displayed by Private Lucas. Suribachi, the 550-foot volcanic moun- Jima was critical to the strategic I could not agree more with Jack tain at the island’s southern end, al- bombing campaign and ultimately to Lucas who recently said, ‘‘I am so lowed Japanese gunners to zero in on the American victory in the Japanese proud of the people who serve today, every inch of the landing beach. Block- theater. The island’s capture served to whether in peacetime or in war. You houses and pillboxes flanked the land- increase the operating range, payload, can’t do anything better than serve ing areas, leading historians to de- and survival rate of the big bombers. America . . . I love our government scribe the attack as ‘‘throwing human While the monthly tonnage of high ex- and our military and I think it’s the flesh against reinforced concrete.’’ The plosives dropped on Imperial Japan in- most honorable thing a man or woman 36-day assault on Iwo Jima resulted in creased eleven-fold during March can do’’. more than 23,200 Americans wounded, alone, the greatest value of Iwo Jima The battle of Iwo Jima resulted in 27 and another 6,800 who paid the ulti- was to serve as an emergency landing Medals of Honor being awarded to Ma- mate price. field for crippled B–29s returning from rines and sailors, many posthumously, The battle, which involved the larg- bombing runs. By war’s end, a total of more than awarded for any other oper- est number of Marines committed to a 2,400 bombers carrying over 27,000 crew- ation during World War II. Commander single operation during World War II, men made forced landings on the is- of the Pacific Fleet, ADM Chester Nim- featured superior service cooperation. land. Without control of Iwo Jima, itz, immortalized the spirit of the bat- The Navy-Marine Corps team func- many of these men would have been tle noting that ‘‘among the Americans tioned as a model of efficiency. To lost at sea. Noted one B–29 pilot, who served on Iwo Island, uncommon make victory possible, more than 450 ‘‘whenever I landed on the island, I valor was a common virtue.’’ The Ma- ships massed in the surrounding thanked God for the men who fought rines present here today, as well as all waters. Among those ships was the air- for it.’’ of our military members serving craft carrier USS Saratoga, and on One of the many heroes of the fierce around the globe, are continuously board that ship was my brother, John land battle was PFC Jack Lucas, born making sacrifices to protect our free- Hanford. Having graduated from Duke and raised in North Carolina. He is the doms. I am certain that they, too, pos- University and joined the Navy at 19, Nation’s youngest Medal of Honor re- sess the uncommon valor which has he became an aviation supply officer. cipient of the 20th century and the made our Nation so strong in the past, John’s battle station was a 20 milli- youngest Marine ever to receive that and will keep her strong well into the meter gun battery, where he led a 15- award. Anxious to fight for his coun- future. man team. Tasked with laying an im- try, this son of a tobacco farmer forged Mr. DURBIN. Will the Senator yield penetrable curtain of anti-aircraft fire, his mother’s signature and enlisted in for a question? the Marine Corps at age 14. Frustrated Mrs. DOLE. Yes. the 20 millimeter batteries provided Mr. DURBIN. At the outset, I thank with an assignment to a training com- the ship’s last line of defense from at- my colleague from North Carolina for mand, he stowed away on a ship bound tacking Japanese Zeros and kamikazes. coming to the floor and reminding us The Saratoga was part of the leg- for Iwo Jima. Six days after his 17th of this wonderful chapter in American endary Task Force 58, commanded by birthday, he and three other men were history, where the men who were on the superb strategist, Vice Admiral attacked by grenades. The men jumped Iwo Jima and all the men and women Marc Mitscher, who executed a diver- into a shallow hole; as a grenade land- who fought in World War II dem- sionary air bombardment of Japan on ed next to them, Private Lucas threw onstrated such uncommon valor that the initial days of the Iwo Jima as- his body over it. When another grenade inspires us even to this day. The story sault. On February 21st, the Saratoga landed close by, Private Lucas pulled it the Senator has told us of Mr. Lucas is and three destroyers moved south, to under him and absorbed the blasts of nothing short of incredible: This 14- provide direct air support for the Ma- both grenades with his body, saving his year-old boy performed feats of cour- rines on Iwo Jima. Although the 20 fellow Marines from certain injury and age which are almost unparalleled. In millimeter batteries were effective out possible death. Miraculously, he sur- fact, as the Senator noted, he is the to a mile, the low cloud layer that day vived. Bob and I have had the privilege youngest recipient of the Congressional as the Saratoga came on station, forced of several visits with Jack and his won- Medal of Honor, which I am sure is a my brother and the rest of the crew to derful wife. great source of pride. mount a desperate, close-in defense of Private Lucas is a representative of The first job I ever had as a college the ship. what has been hailed as ‘‘The Greatest intern in the Senate was for Senator In full view of Mt. Suribachi, the Generation.’’ As evidenced by Amer- Paul Douglas of Illinois, who enlisted Saratoga was subjected to two waves of ica’s triumphs in numerous conflicts in the Marine Corps at the age of 50 Japanese air attacks. During the first since World War II, the traits, the spir- and went through training at Parris Is- wave, her radar picked up a large it of the Greatest Generation have cer- land, fought in Okinawa and was in- threat, estimated at 20 to 25 planes. De- tainly been passed on. Today, approxi- jured, as Senator Bob Dole was injured, spite the deadly anti-aircraft fire, mately 14,000 Marines of the Second with a serious injury to his left arm. within 3 minutes three bombs plunged Marine Expeditionary Force, based in I have always had a special spot in into the Saratoga, immediately fol- North Carolina, are in the process of my heart for the men and women who lowed by four kamikaze hits. deploying to Iraq to continue fighting serve in the Marine Corps, and I just Her crew fought fires blazing in the for freedom. I am very proud to recog- want to join the Senator from North hangar deck, and her planes were di- nize 41 Marine lieutenants who are sit- Carolina in making certain that this is rected to land on the nearby escort car- ting in the gallery today. These young bipartisan and nonpartisan in our sa- riers. Roughly 2 hours later, five kami- men and women are the newest bearers lute to the Marine Corps, all the men kazes targeted her again. Four were of the torch of freedom so proudly car- and women in uniform, and particu- shot down but one dropped a bomb, ried by the Iwo Jima veterans. This larly the great veterans of World War which exploded over her flight deck be- platoon of recently commissioned offi- II and Iowa Germany. fore the plane itself bounced over the cers is about to finish training, and in Mrs. DOLE. I thank the Senator for side. During the air attacks, the crew a few short months many of them will his comments. could see the USS Bismarck being find themselves in direct combat sup- The PRESIDING OFFICER. The Sen- struck by a kamikaze and minutes porting the global war against ter- ator from Rhode Island. later sinking with a crew of 218 aboard. rorism. Mr. REED. Mr. President, I, too, The Saratoga’s losses were 192 sailors I applaud their selfless act, volun- want to commend Senator DOLE for her and Marines wounded, 123 killed or teering to serve our Nation during this stirring comments about the valiant missing. And, as a youngster growing time of war; they represent our Na- Marines on Iwo Jima. My brother was a up in Salisbury, NC, I well remember tion’s best. I have no doubt that these Marine officer. I followed not in the my revered big brother coming home young officers will have the privilege Marine Corps but to West Point, so one on what was called ‘‘survivor’s leave.’’ of leading many men and women who of us was right.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2232 CONGRESSIONAL RECORD — SENATE March 8, 2005 SOCIAL SECURITY REFORM trust fund. However, it is equally crit- belief and sadness and a little anger. I Mr. REED. Mr. President, I rise ical to recognize that the President’s am angry, sad, at the blatant disregard today to express my deep concern private accounts do absolutely nothing for common sense in a new ad cam- about the direction that the President to address this imbalance, as a senior paign being promoted by a prominent is taking the country in terms of our administration official recently ac- trade association. Nation’s commitment to providing re- knowledged. In fact, diverting payroll The American Beverage Licensees, or tirement security to the elderly and in- tax revenues exacerbates insolvency ABL, has launched a campaign entitled come security to the disabled, widows, and accelerates the date of trust fund ‘‘MADD at GM’’—MADD referencing and survivors. I am speaking, of course, imbalance. Mothers Against Driving Drunk, with about the President’s plan for For obvious reasons, the President the aim of stopping the charitable do- has not mentioned this or other facts privatizing Social Security. nations General Motors gives to Moth- President Bush writes in his recently that are so critical to the Social Secu- ers Against Drunk Driving. released Economic Report of the Presi- rity trust fund. His privatization ABL claims that MADD has a dent, ‘‘The greatest fiscal challenges scheme requires cutting benefits by ‘‘neoprohibitionist agenda.’’ Yes, the we face arise from the aging of our so- more than 40 percent, even for those neoprohibitionist agenda is what they ciety.’’ Yet his annual Economic Re- who choose not to invest in privatized claim. port devotes little more than a page accounts. They claim that MADD ‘‘wants to Those choosing a private account and a half to this important subject. criminalize social drinking by pre- could be hit with an additional ‘‘privat- As his Economic Report reveals, the venting designated drivers from drink- ization tax’’ of 70 percent or more of President has no real plan to address ing before they get behind the wheel.’’ the value of their account, which would the fiscal challenges arising from the Apparently in their world, designated be deducted from their Social Security retirement of the baby boom genera- drivers ought to be able to have a few benefits upon retirement. tion, let alone a plan to fix Social Se- drinks before getting on the road. In President Bush has urged Congress to most people’s world, that defies all curity. All the President has is an fix Social Security for younger workers unaffordable plan to create private re- common sense. and not pass on the problem to future In honor of MADD’s 20th anniversary tirement accounts, with few specifics generations. However, the President’s and many unanswered questions. in 2000, General Motors made a com- plan for private accounts would place a mitment to contribute $2.5 million over That is not stopping the President huge burden on our children and grand- from barnstorming the country telling 5 years to MADD to combat underage children by increasing Federal debt by drinking, for underage drinking pre- the American people that Social Secu- over $750 billion in just the next 10 rity is a sinking ship and private ac- vention, and drunk driving victim as- years. This debt would rise to nearly $5 sistance, a very laudable goal. I ap- counts are the lifeboats into which we trillion over the first 20 years that the should jump. But the administration is plaud General Motors for doing this. plan is in place. But what has happened is, with General manufacturing a crisis that does not The President’s private accounts Motors’ funding commitment now ex- exist in order to dismantle Social Se- would cut Social Security’s funding, pired, ABL has seen this as the perfect curity. weaken the program, and make its fi- opportunity to attack General Motors. Despite the administration’s claims, nancial problems worse, not better. In They are attacking a noble cause, and Social Security will remain solvent for short, private accounts pose a serious their attack makes no sense. nearly 50 more years. Even after that, threat to the future economic security ABL’s smear campaign against Gen- Social Security would still be able to of all Americans, particularly the most eral Motors and MADD has taken pay 70 to 80 percent of benefits. Modest vulnerable members of our society. changes to the system would enable This is why last week I joined 41 of many forms—an Internet Web site, Social Security to pay full benefits my fellow Democratic senators in call- print advertisements, TV ads during well beyond the next 50 years. ing on the President to publicly and NASCAR events, and through pro- No other retirement system or For- unambiguously abandon his support for motional materials distributed at bars, tune 500 company in the United States private accounts funded with Social restaurants, and other ABL member lo- can make that same claim. In fact, the Security dollars or cuts in guaranteed cations throughout the country. I have weakness of traditional pensions benefits. brought two of these ads with me to makes Social Security look like the At a time when our country is saving the Senate floor this afternoon. Let me most secure part of our retirement sys- so little and fewer employers are offer- show the first ad. tem right now. ing traditional pension plans, Social This first advertisement plays off the To put the problem into perspective, Security’s predictable, inflation-pro- well-known board game Monopoly. It making the Bush administration’s four tected benefits that can’t be outlived explicitly states that by purchasing a enacted tax cuts permanent would cost occupy a critical role in ensuring our General Motors car, any American is three to five times more than the So- retirement security. funding his or her own arrest. How ab- cial Security shortfall over the next 75 Before we can roll up our sleeves and surd. It suggests that because General years. delve into the very serious question of Motors supports MADD and MADD is For over 60 years, Social Security shoring up Social Security for all, we against drinking and driving that has provided a dependable and predict- must set aside ideology and acknowl- somehow General Motors is to blame if able stream of income to retired or dis- edge the demographic and fiscal chal- you get arrested for being over the abled workers, their dependents and lenges facing this bedrock retirement legal drinking limit. But last time I their survivors. Forty-eight million security program. checked, in this country we arrest peo- men, women, and children rely on So- I want to work with President Bush ple who have broken the law. And in cial Security benefits each month to to promote personal wealth and saving this case that is drinking too much be- help them live with dignity. The bene- through investment, but not at the fore you get behind the wheel. fits are protected from inflation and cost of Social Security. I urge the Let me show the second ad, just as one cannot outlive them. President to take private accounts off outrageous. This advertisement, again Social Security is an insurance pro- the table so that we might achieve bi- from the MADD at GM campaign, con- gram, not an investment plan, and pri- partisan agreement to strengthen So- tradicts common sense as much as the vate accounts would destroy much of cial Security for the long-term and en- first one did. As you can see here, the the insurance value of the program. hance the retirement security of all man in the ad is posing for his mug More than one-quarter of Social Secu- Americans. shot. But instead of holding his arrest rity benefits go to survivors and dis- I yield the floor. number, he is holding a sign stating abled workers and their families, and f that his arrest was sponsored by Gen- these benefits would be at risk under eral Motors. That is what it says. the President’s proposal. ‘‘MADD AT GM’’ CAMPAIGN General Motors didn’t get this man We all acknowledge the long-term Mr. DEWINE. Mr. President, I come arrested. Drinking and driving did. The fiscal imbalance of the Social Security to the Senate this afternoon in dis- ad further states that General Motors

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2233 supports the arrest of social drinkers Here are some statistics to think this country—he represents Ohio well, through its charitable donations to about: 69 percent of our youth died in but in this regard he is making a dif- MADD. But that isn’t the case at all. alcohol-related fatalities in the year ference all across the country. On their The simple fact is that if you drink too 2000 involved young drinking drivers. behalf, I thank him. much and you get in a car and drive, Of the 42,000 people killed in all of the Mr. DEWINE. Mr. President, I thank you break the law. It doesn’t matter if traffic accidents in 2003, 40 percent— my colleague for the very kind re- you label it as social drinking or not; well over one-third—were due to alco- marks. Senator DODD has been a real what is wrong is wrong. hol. Further, since MADD’s founding in This ad says that ‘‘MADD spends mil- partner on so many issues affecting 1980, drunk-driving deaths have dra- children. He and I have worked to- lions provided by GM to fund their matically decreased from 26,179 in 1982 roadblock promotion campaign. gether. Whenever we want to find to 17,013 in the year 2003. Clearly, someone to advocate for children, They’re using your money to arrest MADD and other anti-drunk-driving you.’’ CHRIS DODD is there. My colleague is campaigns are having an impact. We always a great champion for children. That roadblock campaign is a pro- have begun to change the culture in gram I strongly support and I know this country. In part, we have corpora- On the issue of drinking and driving, many Members of the Senate support tions such as General Motors to thank underage drinking and highway safety, as well. It is also a program that the having helped MADD in their cause. Senator DODD has been a true cham- Traffic Safety and Law Enforcement While deaths due to drunk driving have pion. I thank my colleague for coming Campaign bill that Senator LAUTEN- decreased in large part through the to the floor. Again, I look forward to BERG and I are introducing today would great work of MADD, the job is cer- continuing to work with him in the help fund. years ahead. Let me show a third ad. This ad, how- tainly not finished. As long as people ever, is from MADD. In it you can see are put into danger because someone Mr. LAUTENBERG. Mr. President, I a note from LT Carl McDonald about got behind the wheel after drinking al- join my colleague from Ohio, Senator his daughter Carlie. It reads: cohol, we have work to do. General Mo- DEWINE, and call attention to an un- This is my precious little girl, Carlie. I al- tors and MADD are not criminalizing seemly lobbying effort to discredit one ways told her, ‘‘I will love you as long as social drinkers, they are working to- of our Nation’s most revered public there are stars in the sky.’’ She would al- gether to simply save lives. safety organizations, the Mothers ways smile, look up at me and say, ‘‘I love Today, I am introducing six transpor- Against Drunk Driving, MADD, and you more than there are stars in the uni- tation safety bills. I introduced them one of our Nation’s largest auto- verse.’’ These words are now inscribed on her last year and am doing so again be- makers, General Motors. tombstone. At the tender age of five she was cause I want to see them get passed killed by a drunk driver—her mother. If you Each year, General Motors donates think it can’t happen to you—think again. and signed into law and see lives saved. They are commonsense bills that will, money to MADD to support its cam- Please don’t drink and drive. paign against drunk driving. In re- This was an ad brought to us by in fact, save lives. I think all of us care about keeping our roads safe. That is sponse to this, the alcohol special in- MADD. terest lobby is spending $10 million to The ad has more teeth in it than the also why I again commend MADD and finance a lobbying campaign—or as other two ads combined. We all know General Motors. I also commend the some might call it, a smear campaign. the truth; that is, drinking and driving National Highway Traffic Safety Ad- is deadly. MADD is doing all it can do ministration for its efforts to keep This campaign is aimed at scaring to help save lives and get drunk drivers drunk drivers off the road and its and intimidating corporate donors like off the road. prosafety agenda. They are all doing GM so they will stop giving money to I think what is so alarming and irri- what is right and what needs to be done safety organizations like MADD. Ap- tating and makes us all so mad is this to protect our children and our fami- parently the alcohol lobby thinks it is campaign that is targeted against lies when they get into a car and get on bad for its business to crack down on MADD, Mothers Against Drunk Driv- the road. drunk driving, which kills 17,000 Amer- ers, an organization that has done so Mr. President, I yield the floor. icans each year and injures over much good in this country in all 50 Mr. DODD. Mr. President, before my 500,000. States. colleague goes, I want to once again I first came in contact with MADD say to my good friend from Ohio how Ten million dollars is not an insig- when I was a State senator back in the much I appreciate his leadership. I am nificant amount of money. After all, early 1980s. We had a little boy, a 7- a principal cosponsor with my col- the Federal Government only spends year-old boy by the name of Justin league on this very important bill deal- $30 million each year on public law en- Beason, who was tragically killed by a ing with underage drinking. We have forcement campaigns to educate people drunken driver in my home county. As wonderful sponsors in the House as on drunk driving awareness and pre- a result, I introduced a bill in our well, in a bipartisan way, to try to vention. State legislature, a tough drunk-driv- make a difference. What a shame. Imagine if the alcohol ing bill. I can truthfully say it was The Senator has laid out very cat- lobby would spend $10 million to edu- through the support of MADD and egorically what the facts are, which is cate people and prevent drunk driving, MADD’s members who went to the leg- that this is a massive problem in this instead of bullying GM. Many of the islature, lobbied the legislature, testi- country, and a growing one, unfortu- customers they lose each year to drunk fied in front of the State legislature, nately, with the age of people who are driving crashes could probably be wrote letters—if it wasn’t for MADD, becoming regular users of alcohol drop- saved, along with thousands of inno- that bill would not have become law. ping all the time. While certainly par- cent Americans. That sounds like a It is an organization that reminds us ents have to do more at the local level, much better investment than financing every day of the horrible tragedies and more efforts need to be made. We also a smear campaign that will cost lives. about people like Carlie—little chil- think it is incumbent upon us at a na- I am one of the most ardent oppo- dren who lose their lives on highways tional level to be supportive of those every week because of drivers who were efforts, to help provide resources and nents of drunk driving in the Senate, drinking. This organization has been so guidance to try to reverse this trend. and I see the results of the good work viciously attacked by this trade orga- I didn’t want my friend to leave the we do here to help save the lives of our nization. It is an organization made up floor without expressing to him my constituents from the scourge of drunk of many parents who have lost chil- deep sense of gratitude—not only on driving. Over the years, I have battled dren, and many times husbands who this issue but on countless other issues against the alcohol lobby to pass effec- have lost wives, and wives who have affecting families and children. MIKE tive laws to reduce drunk driving. lost husbands—all to drunk drivers. It DEWINE of Ohio has been as good a In 1986 I authored legislation and is a good organization. It is an organi- champion as this body has seen in a worked with Senator ELIZABETH DOLE, zation we should all support. It is an long time on these issues. There are who was Secretary of the Department organization of which we should all be very few issues that have given me as of Transportation at the time, to raise proud. Anyone who attacks it, I just much pleasure to work on as issues the minimum drinking age from 18 to don’t understand. with children. On behalf of all of us in 21. President Reagan signed my bill

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2234 CONGRESSIONAL RECORD — SENATE March 8, 2005 into law, and MADD officials were tended office’’ at the end of the sen- 9. Delete ‘‘VRC Cabinet’’ there with us. In 2000 Senator DEWINE tence and substitute ‘‘by the Com- 10. Delete ‘‘Upholstery Fabric’’ and I teamed up to get a bill passed es- mittee on Rules and Administration 11. Delete ‘‘Wardrober’’ tablishing .08 blood alcohol concentra- prior the transfer.’’ 12. Delete ‘‘Window—Curtains or tion level as the nationwide threshold At the end of first sentence in item 9 Draperies’’ for drunk driving. add the following: ‘‘available for view- 13. Delete ‘‘Window—Venetian Blinds These are the kind of smart, coming through the Senate Furniture web (wood or metal)’’ mon-sense initiatives that MADD sup- system (http://senate.aoc.gov)’’ 14. Delete ‘‘Window—Mini Blinds’’ 15. Delete ‘‘* Standard part of build- ports. And these are the kind of initia- Under Standard Furniture and Acces- tives that save lives. Combined, these ing structure’’ sories, Senators’ Suites— After heading ‘‘For Loan (for Meet- two measures are estimated to save 1. Delete ‘‘Chairs—Ergonomic (with some 1,500 lives a year. ings and Related’’ add ‘‘Functions)’’ or without arms)’’ A copy of the Committee Regulations Federal public awareness campaigns 2. Delete ‘‘Chairs—Folding Chairs’’ against drunk driving are also having a governing Furniture, Accessories and 3. After ‘‘Chairs—Conference’’ add Special Allowances Policy for Senate tangible impact. We need to step up ‘‘(with or without arms)’’ these program, which is why Senator Office Buildings, as amended, is in- 4. Delete ‘‘Chairs—Reception’’ and cluded as Attachment A. DEWINE and I will soon introduce a bill substitute ‘‘Chairs—Desk (with or B. Committee Regulations Governing to increase funding for this effort. without arms)’’ Senate Travel and Travel Promotional What we don’t need is a $10 million 5. Delete ‘‘Chairs—Reception (with- Awards, as amended, by deleting para- misinformation program from the alco- out arms)’’ graphs five and six in Section hol industry. 6. Delete ‘‘Chairs—Secretary’’ II(A)(3)(b) and related Appendix A and Drunk driving is no joke. It kills and 7. Delete ‘‘Coats—Rack’’ maims thousands of people in Amer- substituting as follows: 8. Add ‘‘Credenza—(Conference room Travel promotional awards (e.g. free trav- ican each year, and costs $9 billion in & Front office only)’’ additional health care and other costs. el, travel discounts, upgrade certificates, 9. Delete ‘‘Desk—Secretary’’ and sub- coupons, frequent flyer miles, access to car- MADD is trying to stanch the flow of stitute ‘‘Desk—L-Shape’’ rier club facilities, and other similar travel blood on our highways, and they are 10. After ‘‘Fireplace—Screens’’ add promotional items (‘‘Travel Awards’’)) ob- doing a good job of it. GM, to its credit, ‘‘(Russell SOB only)’’ tained by a Member, officer or employee of supports MADD. They deserve our en- 11. After ‘‘Fireplace—Tools’’ add the Senate while on official travel may be couragement, and they deserve for us ‘‘(Russell SOB only)’’ utilized for personal use at the discretion of to stand up against this vicious smear 12. After ‘‘Lighting—Ceiling (Chan- the Member or officer pursuant to this section. Travel Awards may be retained and campaign. delier)’’ delete ‘‘Fixtures (Reception I intend to work with Senator used at the sole discretion of the Member or and Conference Rooms in Russell SOB officer only if the Travel Awards are ob- DEWINE to let Americans know the only, no more than 2 total)’’ and add tained under the same terms and conditions truth about the alcohol lobby’s smear ‘‘in Russell SOB only, (Reception as those offered to the general public and no campaign, to counter the alcohol Rooms, Conference Rooms and Sen- favorable treatment is extended on the basis lobby’s lies with the truth, and to fight ator’s Personal Office, limited to 3 of the Member, officer or employee’s position for legislation that reduces drunk driv- total)’’ with the Federal Government. Members, offi- ing and saves lives across our country. 13. After ‘‘Lighting—Floor Lamps’’ cers and employees may only retain Travel Awards for personal use when such Travel f add ‘‘2 per office’’ Awards have been obtained at no additional AMENDMENTS TO VARIOUS REGU- 14. Delete ‘‘Lighting—Reading cost to the Federal Government. It should be LATIONS OF THE COMMITTEE ON Lamps’’ noted that any fees assessed in connection RULES AND ADMINISTRATION: 15. Delete ‘‘Magazine Rack’’ with the use of Travel Awards shall be con- 16. Delete ‘‘Microfilm Cabinets’’ sidered a personal expense of the Member, of- Mr. LOTT. Mr. President, I would 17. Delete ‘‘Modular Furniture—Lim- ficer or employee and under no cir- like to give notice to Members and ited to Hart SOB for now)’’ cumstances shall be paid for or reimbursed staff of the Senate that the Committee 18. Delete ‘‘Partitions—Textures (i.e. from official funds. Although this paragraph permits Members, officers and employees of on Rules and Administration (‘‘Com- wood)’’ mittee’’) has approved amendments to the Senate to use Travel Awards at the dis- 19. After ‘‘Refrigerator—Medium’’ cretion of the Member or officer, the Com- four Committee regulations. Pursuant add ‘‘Not to exceed 3 total’’ to Title V of the Rules of Procedure for mittee encourages the use of such Travel 20. Delete ‘‘Stand—Smoke (Ashtray)’’ Awards (whenever practicable) to offset the the Committee and having provided ad- 21. Delete ‘‘Tables—Folding’’ cost of future official travel. vance notice of our intention to ap- 22. Delete ‘‘Window—Venetian Blinds A copy of the Committee Regulations prove the following amendments to (2 inch, Russell and Dirksen SOB’s governing Senate travel and Travel regulations, we hereby approve said only)’’ Promotional Awards, as amended, is amendments effective February 1, 2005. 23. Delete ‘‘Window—Mini Blinds 1. The following regulations are ap- included as Attachment B. (Hart SOB only)’’ C. Committee Regulations for the proved as amended: Under Senators’ Personal Offices— A. Committee Regulations for Fur- Senate Health and Fitness Facility by 1. Delete ‘‘(Bathroom)—(Vanity niture, Accessories and Special Allow- the Office of the Architect of the Cap- under sink)*’’ ances Policy for Senate Office Build- itol, as amended, by deleting paragraph 2. Delete ‘‘(Bathroom)—(Cabinet ings, as amended by adding, deleting (d), Section 3 and substituting as fol- over/next to sink)*’’ and substituting as follows: lows: Delete the second sentence in item 5 3. Delete ‘‘Chairs—Reception’’ and The Facility and its equipment shall be which reads ‘‘However, once modular is add ‘‘Chairs—Side (with arms or with- available for use by all Members of the chosen for a suite, it shall remain a out arms)’’ United States Senate upon the payment of 4. Delete ‘‘Chairs—Reception (with- fees as determined by the Chairman and the part of that suite regardless of which Ranking Member of the Committee on Rules Senator occupies the space.’’ out arms)’’ 5. After ‘‘Chairs—Overstuffed’’ add and Administration. The Chairman and Under Section A in item 5, delete Ranking Member of the Committee on Rules ‘‘A.’’ and the words ‘‘of funding for this ‘‘(Historic)’’ and Administration shall notify the Sec- program’’ and substitute ‘‘and the 6. Delete ‘‘Lighting—Reading Light’’ retary of the Senate of the amount of any order in which the request is received.’’ 7. After ‘‘Lighting—Ceiling (Chan- fees to be charged hereunder and direct the Delete Sections B and C in item 5. delier)’’ delete ‘‘Fixture (Russell SOB Financial Clerk of the Senate to collect such Delete item 7. only) and add ‘‘in Russell SOB only, fees from those Members desiring to use the At the end of second sentence in item (Reception Rooms, Conference Rooms Facility. 8 add the following: ‘‘or through the and Senator’s Personal Office, limited A copy of the Committee Regulations Senate Furniture web system.’’ to 3 total)’’ governing the Senate Health and Fit- Under Section A in item 8 delete the 8. Delete ‘‘TV Cabinet’’ and add ‘‘TV/ ness Facility, as amended, is included words ‘‘to be transferred to the in- VRC Cabinet’’ as Attachment C.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2235 D. Committee Regulations governing must wait until all other Senators on the ing—Reading Lamps¿; Lighting—Desk/Table Public Transportation Subsidy, as current list have been offered modular fur- Lamps; øMagazine Rack¿; øMicrofilm Cabi- amended by deleting and substituting niture and have elected to accept or have de- nets¿; Mirrors—(One per suite standard); ø as follows: clined. The updated seniority list shall apply Modular Furniture—(Limited to Hart SOB after Senate moves.¿ for now). In the first sentence of Section 2, 6. Senators in the Hart Building shall uti- øPartitions—Textured (i.e. wood)¿; Parti- substitute ‘‘(P.L. 105–178)’’ for ‘‘(P.L. lize modular furniture as the basic system of tions—Acoustical; Racks—Pamphlets; Re- 105–78)’’. furnishing. The actual system of furniture in frigerator—Medium (Not to exceed 3 total); In the first sentence of Section 2, place in a suite in the Hart Building shall re- Shelves—Open Shelves (Book); Shelves— substitute ‘‘$105’’ for ‘‘$100’’. main in the same suite regardless of which Desk Organizers; Shelves—Cabinets (with In item (a) of Section 4, substitute Senator occupies the space. doors); Sofa—Love seat; Sofa—Couch; ‘‘$105’’ for ‘‘$100’’. In the Hart Building, traditional furniture øStand—Smoke (Ashtray)¿; Stand—Tele- In the second sentence of third para- may be chosen for the Senator’s personal of- phone; Stand—Plant; Tables—Conference; graph of Section 6, substitute ‘‘em- fice, the Chief of Staff’s office, the reception Tables—Round; Tables—Computer; Tables— area and the conference room. Coffee; Tables—End; øTables—Folding¿; Ta- ployee’’ for ‘‘employer’’. ø ø In item (c) of Section 7, substitute 7. Modular panels shall not be provided in bles—Other (assorted sizes); TV Stand; Win- any private offices.¿ dow—Venetian Blinds (2–inch, Russell and ‘‘$105’’ for ‘‘$100’’. 8. Only a Senator or the designated office Dirksen SOBs only); øWindow—Mini Blinds A copy of the Committee Regulations head of each Senate office will have the au- (Hart SOB only)¿. governing Public Transportation Sub- thority to request furniture and furnishings SENATORS’ PERSONAL OFFICES sidy, as amended, is included as At- in an office. Such requests may be made by ø(Bathroom)—(Vanity-under sink*); tachment D. submitting a ‘‘Request for Service’’, letter or ø(Bathroom)—(Cabinet-over/next to sink)*¿; ATTACHMENT A—FURNITURE, ACCESSORIES through the Senate Furniture web system. Writ- Cabinet—Telephone; Chairs—High Back AND SPECIAL ALLOWANCES POLICY FOR SEN- ten confirmation of a telephone request to (Desk); Chairs—Side øReception¿-(with arms ATE OFFICE BUILDINGS the Superintendent of the Senate Office or without arms); øChairs—Reception-without (Approved September 27, 1989) Buildings also will be accepted. Office heads arms¿; Chairs—Wingback; Chairs—Over- should be designated in writing and a file of (Amended June 29, 1994) stuffed (Historic); Credenza; Desk; Lighting— these names will be maintained by the Su- ø (Amended February 28, 2004) Table Lamp; Lighting—Floor Lamp; Light- perintendent’s Office. ing—Reading Light¿; Lighting—Ceiling 1. Pursuant to 40 U.S.C. 174c, furnishings The transfer of furniture from one official (Chandelier) øFixture (Russell SOB only)¿ in for offices in the Senate Office Buildings are office inventory to another may be author- Russell SOB only, (Reception Rooms, Con- supplied and maintained by the Architect of ized based upon the following: ference Rooms and Senator’s Personal Office, the Capitol through his representative, the A. All furniture items to be transferred limited to 3 total); Lighting—Mantle Fixtures Superintendent of the Senate Office Build- from one Senate office or Committee to an- (Russell SOB only); Lighting—Wall (Sconce) ings. Matters of general policy are subject to other Senate office or Committee must be Fixtures (Russell SOB only); Lighting—Rhe- the approval of the Senate Committee on authorized by the Committee on Rules and Ad- ostat. Rules and Administration. ministration prior the transfer. øto be trans- Mirror; Refrigerator—Compact; Shelves— 2. Effective on the date of adoption of this ferred to the intended office.¿ Bookcases; Shelves—Cabinet; Sofa—Love policy by the Senate Committee on Rules B. The Senator, Committee Chairman or seat; Sofa—Couch; Table—Coffee; Table— and Administration, the Superintendent of designated office head must agree to the re- End; TV/VCR Cabinet; øVCR Cabinet; øUp- the Senate Office Buildings shall undertake lease of the furniture on a Request for Fur- holstery Fabric; øWardrober; øWindow—Cur- to survey the physical quality of all furniture form providing for the removal of tains or Draperies; øWindow—Venetian nishings presently assigned to offices. There- those items from their office inventory. Ad- Blinds (wood or metal); øWindow—Mini after, a survey will be conducted on an an- ditional furniture intended to replace the Blinds. nual basis. Office heads, as defined in the furniture proposed for transfer shall be re- ø*Standard part of building structure¿ Senate Equipment Regulations, should work quested simultaneously on a Request for For Loan (for Meetings and Related Func- with the Superintendent’s Office to identify Furniture form. tions) furnishings that do not meet an acceptable C. The Senator, Committee Chairman or level of quality. designated office head receiving the trans- Blackboards, Easels, Folding Tables, Piano 3. When the survey is completed, all items ferred furniture must agree to its receipt on (small charge for tuning), Podiums, Stacking on the Standard Furniture and Accessories a Request for Furniture form so that the fur- Chairs. 10. A Special Furniture and Accessory Al- list that are in disrepair will be declared niture can be incorporated into their office lowance will be authorized to the Architect ‘‘surplus’’ and/or repaired. This does not pre- inventory. of the Capitol for the purpose of furnishing a clude repairs as needed irrespective of survey The Superintendent shall adjust the offi- Senator’s personal office, reception room timing. No furnishings will be delivered to cial office inventories based upon completion and conference room when a Senator is elect- an office unless they are functional and in of the issuance or return of furniture items. ed/reelected for a term of office. This will be quality condition. 9. The Architect of the Capitol will main- in addition to the furnishings requested from 4. The Superintendent’s Office will maintain in stock an inventory of the following the Standard Furniture and Accessories list tain a full inventory of all furnishings as- items, referred to hereafter as the Standard and only will be authorized during the first signed to designated suites, including docu- Furniture and Accessories list, available for year of each Senator’s new term of office. mentation of furnishings provided from the viewing through the Senate Furniture web sys- Such amount will be determined by the Sen- Standard Furniture and Accessories list, and tem (http:///senate.aoc.gov): items purchased from the Senators’ special ate Committee on Rules and Administration STANDARD FURNITURE AND ACCESSORIES— furniture and accessory allowance. as a recommendation for appropriation to SENATORS’ SUITES 5. Senators with suites in the Russell or the Architect of the Capitol to become avail- Dirksen Buildings shall have the option of Bookcase—See Shelves; Chair Mats; able for the Senator’s term of office. Provi- using traditional or modular furniture to øChairs—Ergonomic (with or without arms); sions will be made for Senators to purchase create an effective office environment. øChairs—Folding Chairs¿; Chairs—Con- through this special allowance furniture and øHowever, once modular is chosen for a ference (with or without arms); Chairs—Desk accessory items which are unique to their of- suite, it shall remain a part of that suite re- øReception¿ (with or without arms); øChairs— fices and/or home state. All acquisitions gardless of which Senator occupies the Reception—without arms¿; Chairs—Execu- from this allowance will be made by the Ar- space.¿ A Senator electing to use modular tive; øChairs—Secretary¿; Coats—Tree; chitect of the Capitol in consultation with furniture in Russell or Dirksen shall use the øCoats—Rack¿; Credenza—(Conference room & the office head. modular system in the suite except for the Front office only); Desk—Computer; Desk— 11. A ‘‘Request for Service’’ or other writ- Senator’s personal office, reception room, Half size; Desk—Flat Top Executive; Desk— ten request for furnishings will be acknowl- and conference room. øSecretary¿ L-Shape. edged within five working days reflecting ap- øA.¿ Modular furniture will be offered to Fans & Heaters; File Cabinets—Lateral 2- propriate disposition of the request. If re- Senators in Russell and Dirksen based upon Drawer; File Cabinets—Lateral 5-Drawer; quests are made for items critical to the the availability and the order in which the re- File Cabinets—2-Drawer; File Cabinets—5- function of the office which are not on the quest is received. øof funding for this pro- Drawer; Fireplace—Screens (Russell SOB Standard Furniture and Accessory list or are gram.¿ only); Fireplace—Tools (Russell SOB only); out of stock, and delivery/restock is not an- øB. Modular furniture will be offered to Footrests—Furniture or Computer; Light- ticipated for three months or greater, an of- Senators with suites in the Russell and Dirk- ing—Ceiling (Chandelier) øFixtures (Recep- fice head may submit a request in writing to sen Buildings on a seniority basis until all tion and Conference Rooms in Russell SOB the Chairman of the Senate Committee on Senators have had the opportunity to elect only, no more than 2 total)¿ in Russell SOB Rules and Administration. If requests are to use modular furniture. only (Reception Rooms, Conference Rooms and made for special items, as part of the Special øC. Senators not electing initially to use Senator’s Personal Office, limited to 3 total); Furniture and Accessory Allowance, appro- modular furniture in Russell or Dirksen Lighting—Floor Lamps (2 per office); øLight- priate information should be attached from a

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2236 CONGRESSIONAL RECORD — SENATE March 8, 2005 commercial supplier or a catalogue from available shall be allowed when night travel that they may be utilized for future official which the items are available. If favorably is involved. When practicable, through sleep- travel. ‘‘Any travel award that accrues by acted upon by the Rules Committee, an ap- ing accommodations should be obtained in reason of official travel of a Member, officer, proval to purchase will be forwarded to the all cases where more economical to the Sen- or employee of the Senate shall be consid- Architect’s Office. ate. ered the property of the office for which the 12. Certain furniture and accessory items (b) Parlor-car and coach accommodations: travel was performed and may not be con- may be built to published plans, including One seat in a sleeping or parlor car will be verted to personal use (2 U.S.C. 1436(a), as typewriter racks and table platforms for allowed. Where adequate coach accommoda- amended).’’ However, this shall not apply to computer work stations, open shelves and tions are available, coach accommodations any travel awards relating to air transpor- sorting racks for desks and tables, and book- should be used to the maximum extent pos- tation for a Member of the Senate, or their shelves, in accordance with a standard cata- sible, on the basis of advantage to the Sen- spouse, son, or daughter, between the Wash- logue provided by the Superintendent. An of- ate, suitability and convenience to the trav- ington metropolitan area and the Home fice head may submit a written request for eler, and nature of the business involved. State of that Member. It should be noted an item by identifying it from the Super- 2. STEAMER ACCOMMODATIONS that any fees assessed in connection with the intendent’s catalogue of sketches. use of travel awards for a spouse, son, or 13. Office heads may submit to the Senate Staterooms: First-class accommodation will be allowed when stateroom is included daughter of a Member, shall be considered a Committee on Rules and Administration at personal expense of the traveler and shall any time a request to add items to the in cost of passage or is a separate charge. not be reimbursed from official funds. Standard Furniture and Accessory list. The 3. AIRPLANE ACCOMMODATIONS øIt is the traveler’s responsibility to turn Committee, in consultation with the Archi- (a) First-class and air-coach accommoda- in to the appropriate individual all protect of the Capitol, will review the list annu- tions: It is the policy of the Senate that per- motional materials which would provide free ally to ensure that items continue to meet sons who use commercial air carriers for or reduced costs for future travel. These the needs of Senate offices acknowledging transportation on official business shall use should be integrated into the office’s plans changing technology and staff environments. less than first-class accommodations instead 14. Furnishings secured through the Archi- for future official travel. Even in those in- of those designated first-class with due re- stances when the coupons are non-transfer- tect of the Capitol from the Senators’ Spe- gard to efficient conduct of Senate business cial Furniture and Accessory Allowance may able or carry an impending expiration date, and the travelers’ convenience, safety, and and it appears that the office will not be able be returned at the request of the office head comfort. to the Architect’s inventory. They then may to use them, they are still Senate property (b) Use of United States-flag air carriers: and should not be converted to personal use, be purchased at a depreciated price with a All official air travel shall be performed on Senator’s personal funds or as a charge to except in the case of separating Members, United States-flag air carriers except where Officers and employees as provided in Appen- the Special Furniture and Accessory Allow- travel on other aircraft (1) is essential to the ance. All returns will be made without credit dix A. The administrator of each office shall official business concerned, or (2) is nec- to the original purchaser’s Special Furniture account for all bonuses acquired for travel essary to avoid unreasonable delay, expense, and Accessory Allowance. from official appropriated funds.¿ 15. The Committee on Rules and Adminis- or inconvenience. Travel promotional awards (e.g. free travel, When a traveler finds he/she will not use tration, in consultation with the Architect travel discounts, upgrade certificates, coupons, accommodations which have been reserved of the Capitol, will monitor requests for non- frequent flyer miles, access to carrier club facili- for him/her, he/she must release them within standard items to preserve the architectural ties, and other similar travel promotional items the time limits specified by the carriers. conformity of the Senate Office Buildings. (‘‘Travel Awards’’)) obtained by a Member, offi- Likewise, where transportation service fur- 16. Furniture is not authorized by statute cer or employee of the Senate while on official nished is inferior to that called for by a tick- to be purchased through a Senator’s Official travel may be utilized for personal use at the et or where a journey is terminated short of Personnel and Office Expense Account. How- discretion of the Member or officer pursuant to the destination specified, the traveler must ever, T.V. stands and V.C.R. stands are con- this section. Travel Awards may be retained and report such facts to the proper official. Fail- sidered accessories to equipment and may be used at the sole discretion of the Member or offi- ure of travelers to take such action may sub- purchased in a manner consistent with the cer only if the Travel Awards are obtained ject them to liability for any resulting statutes and regulations governing the pur- under the same terms and conditions as those losses. ‘‘No show’’ charges, if incurred by chase of standard and non-standard equip- offered to the general public and no favorable Members or staff personnel in connection ment. treatment is extended on the basis of the Mem- 17. All furniture and accessories, whether with official Senate travel, shall not be con- ber, officer or employee’s position with the Fed- chosen from the Standard list or purchased sidered payable or reimbursable from the eral Government. Members, officers and employ- from the Senators’ Special Furniture and contingent fund of the Senate. Senate trav- ees may only retain Travel Awards for personal Accessory Allowance, remain the property of elers exercising proper prudence can make use when such Travel Awards have been ob- the Architect of the Capitol. Senators will be timely cancellations when necessary in order tained at no additional cost to the Federal Gov- responsible for any furniture stolen, lost, or to avoid ‘‘no show’’ assessments. Service fees ernment. It should be noted that any fees as- otherwise unaccounted for, and reimburse- for preparation or mailing of passenger cou- sessed in connection with the use of Travel ment for all losses will be made in an pons shall not be reimbursable. Awards shall be considered a personal expense amount equal to the fair market value of In the event that a Senate traveler is de- of the Member, officer or employee and under no such furniture after applying an appropriate nied passage on a flight for which he/she held circumstances shall be paid for or reimbursed depreciation. a reservation and this results in a payment from official funds. Although this paragraph 18. The implementation of this policy is of any rebate, this payment shall not be con- permits Members, officers and employees of the subject to the availability of appropriated sidered as a personal receipt by the traveler, Senate to use Travel Awards at the discretion of funds to the Architect of the Capitol. but rather as a payment to the Senate, the Approved: Committee on Rules and Admin- the Member or officer, the Committee encourages agency for which and at whose expense the istration. the use of such Travel Awards (whenever prac- travel is being performed. Such payments CHRISTOPHER J. DODD, ticable) to offset the cost of future official trav- shall be submitted to the appropriate indi- Ranking Member. el. vidual for the proper disposition when the TRENT LOTT, In case a person, for his/her own conven- traveler submits his/her expense account. Chairman. ience, travels by an indirect route or inter- Through fares, special fares, commutation rupts travel by direct route, the extra ex- fares, excursion, and reduced-rate round trip Attachment B pense will be borne by the traveler. Reim- fares should be used for official travel when II. TRANSPORTATION EXPENSES bursement for expenses shall be allowed only it can be determined prior to the start of a on such charges as would have been incurred (A) COMMON CARRIER TRANSPORTATION AND trip that any such type of service is practical by the official direct route. ACCOMMODATIONS and economical to the Senate. Round-trip Transportation by bus, streetcar, subway, Transportation includes all necessary offi- tickets should be secured only when, on the or taxicab, when used in connection with of- cial travel on railroads, airlines, helicopters, basis of the journey as planned, it is known ficial travel, will be allowed as an official steamboats, buses, streetcars, taxicabs, and or can be reasonably anticipated that such transportation expense. other usual means of conveyance. Transpor- tickets will be utilized. tation may include fares and such expenses Each Chairman, Senator, or Officer of the øAPPENDIX A incidental to transportation such as baggage Senate may, at his/her discretion, authorize transfer; official telegraph, telephone, radio, in extenuating circumstances the reimburse- øPURCHASE OF BONUS AIRLINE MILEAGE BY and cable messages in connection with items ment of penalty fees associated with the can- SEPARATING MEMBERS, OFFICERS AND EM- classed as transportation; steamer chairs, cellation of through fares, special fares, com- PLOYEES OF THE SENATE steamer cushions, and steamer rugs at cus- mutation fares, excursion, and reduced-rate øIn Opinion B–24607, the General Counsel of tomary rates actually charged; staterooms round trip fares. the General Accounting Office made the fol- on steamers. øDiscount coupons, frequent flyer mileage, lowing determination: 1. TRAIN ACCOMMODATIONS or other evidence of reduced fares, obtained ø‘‘Frequent flyer points are usually non- (a) Sleeping-car accommodations: The low- on official travel, shall be turned in to the transferable and of no value to the govern- est first class sleeping accommodations office for which the travel was performed so ment after the departure of the Member or

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2237 staff person. Therefore, if the Senate deter- equipment, furnishings, and fixtures situated ‘‘de minimis fringe benefit’’ transit fare mines as a matter of sound administration therein. media of a value not exceeding ø$100¿ $105 that its travel regulations should provide for 3. The Facility shall continue to provide per month. The Fiscal Year 1991 Treasury- disposing of frequent flyer mileage in ex- all the services and equipment now provided Postal Appropriations Act (Pub. L. 101–509) change for payment of a reasonable sum of at those existing locations and such addi- allows Federal agencies to participate in money from a departing Member or staff per- tional services, facilities and equipment as state or local government transit programs son, we see no objection to such a regula- the Architect may determine to provide, that encourage employees to use public tion.’’ with the approval of the Committee on Rules transportation. øAlthough Senate Travel Regulations pro- and Administration. SEC. 3. DEFINITIONS. hibit the personal use of bonus mileage ac- ø4. The Facility and its equipment shall be (a) Public Mass Transportation—A trans- crued at government expense, the Senate available to all Members of the United portation system operated by a State or also recognizes that when Members, Officers, States Senate upon payment of an annual fee local government, e.g. bus or rail transit sys- and employees separate from Senate service, of $400.¿ tem. any frequent flyer mileage remaining in The Facility and its equipment shall be avail- (b) Fare Media—A ticket, pass, or other de- their name is no longer of any value to the able for use by all Members of the United States vice, other than cash, used to pay for trans- Senate. However, the Government would re- Senate upon the payment of fees as determined portation on a public mass transit system. coup at least some of the value of the lost by the Chairman and the Ranking Member of (c) Office—Refers to a Senate employee’s bonus mileage if separating Members, Offi- the Committee on Rules and Administration. appointing authority, that is, the Senator, cers, and employees are permitted to pur- The Chairman and Ranking Member of the committee chairman, elected officer, or an chase such mileage upon their separation Committee on Rules and Administration shall official of the Senate who appointed the em- from Senate service. Permitting such an ex- notify the Secretary of the Senate of the amount ployee. For purposes of these regulations, an ception to the general prohibition on use of of any fees to be charged hereunder and direct employee in the Office of the President pro frequent flyer mileage would make good ad- the Financial Clerk of the Senate to collect such tempore, Deputy President pro tempore, Ma- ministrative sense. fees from those Members desiring to use the Fa- jority Leader, Minority Leader, Majority øTherefore, Members, Officers, and em- cility. Whip, Minority Whip, Secretary of the Con- ployees, upon their separation from Senate SEC. 4. AUTHORIZATION FOR FEES. ference of the Majority, or Secretary of the service, may obtain permission from the The provisions of Title 40 United States Conference of the Minority shall be consid- Committee on Rules and Administration to Code 193d, to the extent they prohibit sales ered to be an employee, whose appointing au- convert to personal use any remaining air- on Capitol grounds or in the Senate office thority is the Senator holding such position. line bonus mileage accrued in their name at buildings, shall not be applicable to any fees (d) Qualified Employee—An individual em- Senate expense, provided that the separating charged for membership or any service or ac- ployed in a Senate office whose salary is dis- Member, Officer, or employee reimburses the tivity of the Facility. bursed by the Secretary of the Senate, whose Senate a reasonable sum of money for all SEC. 5. RESPONSIBILITIES OF THE SECRETARY salary is within the limit set by his or her mileage they wish to use. For purposes of OF THE SENATE. appointing authority for participation in a this provision, a ‘‘reasonable sum of money’’ Members who choose to use the Facility transit program under these regulations, and shall be determined by the Committee based shall notify the Secretary of the Senate in who is not a member of a car pool or the upon: (1) the number of tickets which may be writing, and authorize the Secretary of the holder of any Senate parking privilege. obtained from the unused mileage; and (2) Senate to withhold the annual fee on a (e) Qualified program Refers to the pro- valuation of such tickets at the applicable monthly basis from their pay, or make a di- gram of a public mass transportation system government rate. The determination of the rect payment of the annual fee to the Sec- that encourages employees to use public Committee regarding reasonable reimburse- retary of the Senate. The election of with- transportation in accordance with the re- ment shall be final. Any funds received under holding shall become effective at the begin- quirements of Pub. L. 101–509 whose partici- this policy shall be deposited in the United ning of a pay period. The Secretary of the pation in the Senate program in accordance States Treasury—Miscellaneous receipts ac- Senate shall notify the Architect of the with these regulations has been approved by ¿ count. names of those Members whose fees are with- the Committee on Rules and Administration. held, or otherwise collected, and remit such SEC. 4. PROGRAM REQUIREMENTS. Attachment C payments to the United States Treasury as (a) Each office within the Senate is author- REGULATIONS FOR THE SENATE HEALTH AND miscellaneous receipts, unless otherwise pro- ized to provide to qualified employees under FITNESS FACILITY BY THE OFFICE OF THE vided by law. its supervision a de minimis fringe employ- ARCHITECT OF THE CAPITOL SEC. 6. RESPONSIBILITIES OF THE ARCHITECT ment benefit of transit fare media of a value (Approved April 28, 1992) OF THE CAPITOL. not to exceed the amount authorized by stat- ø ¿ (Effective May 1, 1992) Supervision and management of the Facil- ute currently not to exceed $100 $105 per ity are the responsibility of the Architect of month. SEC. 1. SCOPE AND APPLICABILITY. the Capitol, subject to rules, regulations, (b) Each appointing authority may estab- These regulations, promulgated by the and policies approved by the Committee on lish a salary limit for participation in this Committee on Rules and Administration Rules and Administration. program by his or her employees. If such sal- under authority of Senate Resolution 286, SEC. 7. RULES. ary limit is established, all staff paid at or agreed to April 9, 1992, establish the policy, below that limit, and who meet the other All rules heretofore adopted by the Com- procedures, and management authority and criteria established in these regulations, mittee on Rules and Administration per- responsibility for the United States Senate must be permitted to participate in this pro- taining to the Senate gym and to the Senate Health and Fitness Facility under the direc- gram. tennis courts shall continue in full force and tion of the Architect of the Capitol. (c) For purposes of these regulations, an effect as rules pertaining to the Facility, SEC. 2. AUTHORIZED PARTICIPANTS. individual employed for a partial month in until amended or modified by that Com- For purposes of these regulations, author- an office shall be considered employed for mittee. ized participants shall include Members of the full month in that office. the United States Senate who elect to use SEC. 8. EFFECTIVE DATE. (d) The fare media purchased by partici- the Facility and who pay the fees in accord- These regulations shall take effect May 1, pating offices under this program shall only ance with Section 4 of these regulations. 1992. be used by qualified employees for travel to SEC. 3. SENATE HEALTH AND FITNESS FACILITY. and from their official duty station. 1. There is hereby established the Senate ATTACHMENT D (e) Any fare media purchased under this Health and Fitness Facility which shall be CHAPTER 2 (U.S. SENATE HANDBOOK); APPEN- program may not be sold or exchanged al- operated under the supervision and manage- DIX A—PUBLIC TRANSPORTATION SUBSIDY though exchanges of Metro Card Media for ment of the Architect of the Capitol, subject REGULATIONS transportation on the Virginia Railway Ex- to rules, regulations, and policies approved Committee on Rules and Administration, press (VRE) or the Maryland Transit Admin- by the Committee on Rules and Administra- United States Senate, effective August 1, istration’s MARC trains are permissible. tion. Equipment of such Facility shall be lo- 1992 (f) In addition to any criminal liability, any person misusing, selling, exchanging or cated in the Russell Senate Office Building (Amended October 1, 2004) and the Hart Senate Office Building and at obtaining or using a fare media in violation any other location within the space allotted SEC. 1. POLICY. of these regulations shall be required to re- for the use of the United States Senate as It is the policy of the Senate to encourage imburse the office for the full amount of the the Architect may determine, subject to the employees to use public mass transportation fare media involved and may be disqualified approval of the Committee on Rules and Ad- in commuting to and from Senate offices. from further participation in this program. ministration. SEC. 2. AUTHORITY. SEC. 5. OFFICE ADMINISTRATION OF PROGRAM. 2. The Facility shall consist of the Senate The Tax Reform Act of 1986, as amended by Each office electing to participate in this gym located in the Russell Senate Office the Transportation Equity Act for the 21st program shall be responsible for its adminis- Building and the tennis courts located in the Century ø(P.L. 105–78)¿ (P.L. 105–178) allows tration in accordance with these regulations, Hart Senate Office Building, and all the employers to give employees as a tax free shall designate an individual to manage its

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2238 CONGRESSIONAL RECORD — SENATE March 8, 2005 program, and may adopt rules for its partici- these regulations, may be used for qualified Throughout his life, Reverend Webb pation consistent with these regulations. employees, subject to the following require- has demonstrated tremendous perse- An employee who wishes to participate in ments: verance, dedication, and generosity. this program shall make application with his (A) Authorization Born and raised in a small, poor town or her office on a form which shall include a The public transit system shall submit in- certification that such person is not a mem- formation to the Committee on Rules and in southern Arkansas, he was the only ber of a motor pool, does not have any Sen- Administration that it participates in an es- student in his eighth grade class to ate parking privilege (or has relinquished tablished state or local government program continue on to high school. Despite fac- same as a condition of participation), will to encourage the use of public transportation ing racism and segregation, Reverend use the fare media personally for traveling for employees in accordance with the provi- Webb remained strongly committed to to and from his or her duty station, and will sions of Pub. L. 101–509 and these regula- his education, attending Philander not exchange or sell the fare media provided tions. If the program meets the requirements Smith College and receiving his mas- under this program. The application shall in- of the statute and these regulations and is ter’s degree at Virginia Union Univer- clude the following statement: approved by the Committee on Rules and Ad- This certification concerns a matter with- sity. ministration, any Senate office served by Reverend Webb first came to Reno- in the jurisdiction of an agency of the United such transit system may provide benefits to States and making a false, fictitious, or its employees pursuant to these regulations. Sparks area 40 years ago to serve as a fraudulent certification may render the (B) Procedures minister at Second Baptist Church. His maker subject to criminal prosecution under (1) A qualified program operating in the strong and energetic leadership has 18 U.S.C. § 1001. Washington, D.C. metropolitan area that helped grow Second Baptist Church Safekeeping and distribution of fare media permits purchase arrangements similar to from a congregation of fifty church purchased for an office is the responsibility those provided by the Metro Pool program members to more than three hundred. of the program manager in that office. Par- shall participate in the Senate program in Reverend Webb has also challenged his ticipating offices may not refund or replace accordance with the procedures set forth in ministry and his community to serve any damaged, misplaced, lost, or stolen fare Section 6. those in need, organizing food drives media. (2) A qualified program operating in the and other charitable activities SEC. 6. SENATE STATIONERY ROOM RESPON- Washington, D.C. metropolitan area that SIBILITIES. does not have purchase arrangements similar throughout his time in Northern Ne- The only program currently available in to Metro Pool, or a qualified program lo- vada. He has also served as president of the Washington, D.C. metropolitan area at cated outside that metropolitan area, that the Nevada-California Interstate Mis- this time is Metro Pool, a program estab- permits purchases directly by an office, may sionary Baptist Convention for 22 lished through Metro by the District of Co- make arrangements for purchase of media years. lumbia. Transit benefits will be provided directly with a participating office. Such an I am pleased to say that the City of through Metro Pool for participating offices office may provide for direct payment to Reno recently honored Reverend in the Washington, D.C. area. The Com- that system and shall submit the certifi- Webb’s contributions to the commu- mittee on Rules and Administration shall cation in accordance with Section 7. enter into an agreement with Metro Pool for (3) In the case of a qualified program that nity by renaming the roundabout at purchase of fare media by the Senate Sta- does not permit purchase arrangements as Clear Acre and Wedekin Road, William tionery Room as required by participating provided in paragraphs (1) or (2) above, an of- C. Webb Circle. Reverend Webb has led offices on a monthly basis. fice may provide for reimbursement to a a distinguished life and career, and A participating office shall purchase the qualified employee and shall submit a cer- please join me in thanking him for his fare media with its authorized appropriated tification in accordance with Section 7. tremendous service to the Reno-Sparks funds from the Senate Stationery Room (C) Documentation community. through its stationery account pursuant to 2 The following documentation must accom- f U.S.C. § 119. pany a voucher submitted under paragraph Each office shall present to the Senate 8(B)(2) or (3): SPARKS, NV Stationery Room [two copies of] the certifi- (1) A copy of the Rules Committee ap- Mr. REID. Mr. President, it gives me cation referred to in section 7 of these regu- proval, in accordance with section 8(A), with lations. A new certification shall be sub- the first voucher submitted for that transit great pleasure to celebrate the found- mitted when an øemployer¿ employee is added program, provided subsequent vouchers iden- ing of Sparks, NV 100 years ago this to or deleted from the program. The Sta- tify the transit program. week. tionery Room shall make available to the (2) The certification. In 1904, the Southern Pacific Rail- Senate Rules Committee Audit Section a (3) Proof of purchase of the fare media. road wanted to straighten its route monthly summary of office participation in (D) Voucher Guidance through northern Nevada. This re- this program. In addition, the Stationery In the case of a Senator’s state office, required them to move from their switch- Room may not refund or replace any dam- imbursement for payment to either a quali- ing yard at Wadsworth to another loca- aged, misplaced, lost, or stolen fare media fied transit system, or a qualified employee tion, a hamlet originally known as that has been purchased through the office’s shall be from the Senators’ Official Per- Harriman. Many residents moved with stationery account. sonnel and Office Expense Account (SOP & the railroad, and they brought most of SEC. 7. CERTIFICATION. OEA) as a home state office expense on a The certification required by section 6 seven part voucher. Wadsworth’s buildings with them. shall be approved by the appointing author- In the Washington, D.C. metropolitan area, Shortly thereafter, the city changed ity and shall include the name, and social se- reimbursement for payment to either a its name to Sparks, in honor of John curity number of each participating em- qualified transit system, or a qualified em- Sparks, who served as Nevada governor ployee within that office, and the following ployee shall be as follows: from 1903 to 1908 and who owned a statements: (1) in the case of a Senator’s office from ranch near the city. (a) Each person included on the list is cur- the SOP & OEA as an ‘‘other official ex- Unlike many cities of the day, rently a qualified employee as defined in pense’’ (discretionary expense). Sparks was a planned community with Section 3. (2) in the case of a Senate committee or ad- wide streets, ample parks, and impres- ministrative office as an ‘‘Other’’ expense. (b) No person included on the list has any sive buildings. As the railroad’s power current Senate parking privilege and that no SEC. 9. SPECIAL CIRCUMSTANCES. waned in the 1950s, these traits allowed parking privileges will be restored to any Any circumstances not covered under person on the list during the period for these regulations shall be considered on ap- Sparks to become a picturesque, resi- which the fare media is purchased. plication to the Committee on Rules and Ad- dential community. (c) That each month’s fare media for each ministration. Ground was broken for the first hotel participating employee does not exceed the SEC. 10. EFFECTIVE DATE. in Sparks in 1903. The building was maximum dollar amount specified in statute These regulations shall take effect on the named after its first owner, Charles (currently ø$100¿ $105). first day of the month following date of ap- Walstab, and was the only hotel in SEC. 8. OTHER PARTICIPATING PROGRAMS. proval. Sparks until 1911. In 1920, the hotel was Section 6 provides for procedures for par- f purchased by Frank Gardella and ticipation by Washington offices in the Frank Pasutti who changed the hotel’s Metro Pool program established through REVEREND WILLIAM WEBB name to the Lincoln. People came from Metro by the District of Columbia. Addi- tional programs in the Washington, D.C. Mr. REID. Mr. President, I rise today far and wide for the Lincoln’s home- metropolitan area, or programs offered in to recognize Rev. William Webb, a style meals, including chicken and other locations where Members have offices strong and compassionate leader in the ravioli. Many old-time patrons remem- that meet the requirements of the law and Reno-Sparks community. ber when it served free lunches and

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2239 beer cost only a nickel. The building Enhancement Act is a symbol that can come with the seal of approval of the still stands on Victorian Avenue, and become substance. I believe that by member nations. I urge the Senate to today is home to several small busi- passing this legislation and changing support this bill and to say ‘‘No’’ to nesses. current law, we can change hearts and OPEC. The Soroptimist Club International minds as well. was founded in Sparks in 1958. The f f Sparks’ Soroptimist club was formed NOPEC to make a difference for women, focus- SAVING THE IRRAWADDY DOLPHIN ing their extensive efforts on volunteer Mr. LEAHY. Mr. President, I, again, Mr. LEAHY. Mr. President, I rise service in the community. They spon- join in the introduction of our NOPEC today to discuss an issue which, while sored the Miss Nevada Pageant and Ne- bill. I am sincerely sorry that this bill not one that you would likely read vada Girl’s State. Additionally, the So- has not yet become law, and I hope about on the front page of the news- roptimists awarded scholarships to that the situation we face as a nation papers, is important nonetheless. It young women graduating from Sparks will lead the Senate to recognize the concerns the alarming rate of deterio- High School, raised money for books at toll that the OPEC producers are ex- ration of the habitat of the Irrawaddy the Sparks Library, and donated to the acting from the American people. As Dolphin in Southeast Asia. Recent sta- Gray Ladies Indigent Fund for the gasoline prices continue to skyrocket, tistics indicate that there are fewer State Hospital. exceeding $2 a gallon in many commu- However, no history of Sparks would nities, we must have a real correction. than 100 Irrawaddy left in the world. be complete without mentioning John As heating oil prices have soared, the The International Union for the Con- Ascuaga, a developer and entrepreneur President needs to take notice. With- servation of Nature has placed the who built Sparks’ first casino: the Nug- out correction and containment, con- Irrawaddy Dolphin on its list of criti- get. In May of 1958, the Nugget’s am- sumers across the nation will continue cally endangered species. The primary bassador became a part of the town’s to suffer. reasons for this sharp decline include fabric. The ‘‘Tall Cowboy’’ appro- The relentless increases in gasoline destructive fishing practices, such as priately arrived on the railroad, in prices are not the result of natural sup- the use of dynamite or electric current, pieces. When assembled, Last Chance ply issues. Rather, they are largely due and mercury runoff from gold mines. Joe, stood thirty-two feet tall at the to market manipulation by OPEC, a These practices are leading to the ex- entrance to the Nugget. cartel of those controlling production tinction of an entire species. I would also like to recognize Tony and supply of oil from the Middle East. Why should we care? Perhaps a quote Armstrong, the former mayor of When the Antitrust Subcommittee of from President John Kennedy provides Sparks who died in January of this the Committee on the Judiciary held the best answers to this question. In a year. Tony’s personality, his vision for its hearing on gas prices last year, ex- 1963 address at American University, the city, his management skills, and perts from several fields, both in and President Kennedy said ‘‘. . . in the his deep humanity made him a terrific out of government, confirmed for us final analysis, our most basic common mayor and an outstanding man. It was what we already suspected: The higher link, is that we all inhabit this small Tony who first contacted me about the prices are due to the OPEC cartel that planet, we all breathe the same air, we Sparks’ centennial. I miss Tony and it sets production quotas for it members all cherish our children’s futures, and is fitting to recognize him on this day, and prevents the free market from set- we are all mortal.’’ which he would have enjoyed so much. ting crude oil prices. The testimony at I know every Member of the Senate I wish his successor, Gino Martini, all that hearing revealed that most of the wants to make the world a better place the best and look forward to working gasoline price increase can be ex- for our children and grandchildren. I with him on projects important to plained by OPEC’s unfair production am almost as certain that ensuring the Sparks. quotas. survival of the Irrawaddy dolphin, an Finally, it is remarkable that Sparks The artificial pricing scheme en- extraordinary species, would be some- has retained its Victorian architecture forced by OPEC affects all of us, not thing that we could do to help achieve and charm. The city beckons to us as a the least of whom are hardworking this goal. relic of a gentler and more beautiful Vermont farmers. As USDA’s Coopera- Congress has spoken on this issue. In time. It is truly one of the jewels of tive Extension Office in New Hamp- the Senate report that accompanied northern Nevada. shire recently found, the increasing en- last year’s Foreign Operations Appro- A century has passed since the City ergy costs may add $5,000 or more to priations Act, Congress directed the of Sparks was founded. I hope you will the total costs of operating a 100-head U.S. Agency for International Develop- join me in celebrating this lovely Ne- dairy operation in the Northeast. In ment, USAID, to devise a strategy to vada community’s centennial. addition, soaring prices have affected a help reverse the habitat decline of the f variety of industries across the United Irrawaddy dolphin. States, and will likely force many Some important nongovernmental LOCAL LAW ENFORCEMENT Americans to make tough choices ENHANCEMENT ACT OF 2005 organizations are already working on about family travel. this issue, including the Wildlife Con- Mr. SMITH. Mr. President, I rise Over the last year, I have expressed servation Society and the Bronx Zoo in today to speak about the need for hate concern that gasoline prices would sim- their Species Survival Program part- crimes legislation. Each Congress, Sen- ply continue to rise. I have hardly been nership. I hope USAID’s strategy, ator KENNEDY and I introduce hate alone in that belief, and I am sorry to which is due shortly, will be a first step crimes legislation that would add new say that my prediction has borne fruit. in forming a public-private partnership categories to current hate crimes law, Sadly, that fruit is bitter for those that will prevent the Irrawaddy dol- sending a signal that violence of any forced to pay ever higher prices to go phin from going the way of the dodo kind is unacceptable in our society. about their daily lives. This week, the and the passenger pigeon. average price for regular gasoline Likewise, each Congress I have come to Once a species is gone, it is gone for- reached $2.00 per gallon. Our economy, the floor to highlight a separate hate ever. We need to be sure this does not our farmers, and our families need re- crime that has occurred in our coun- happen. try. lief now. They also need good policy. In According to the San Francisco the absence of White House leadership, f Chronicle, a participant in a Davis, CA, Congress should provide law enforce- gay-pride parade was assaulted last ment the tools needed to fight anti- MANHATTAN PROJECT NATIONAL summer. The apparent motivation for competitive practices. HISTORICAL PARK STUDY ACT the attack was the sexual orientation If OPEC were simply a foreign busi- of the victim. ness engaged in this type of behavior, Mr. BINGAMAN. Mr. President, I I believe that the Government’s first it would already be subject to Amer- briefly would like to say how pleased I duty is to defend its citizens, to defend ican antitrust law. It is wrong to let am that the Manhattan Project Na- them against the harms that come out OPEC producers off the hook just be- tional Historical Park Study Act was of hate. The Local Law Enforcement cause their anticompetitive practices enacted in the last Congress. That Act,

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2240 CONGRESSIONAL RECORD — SENATE March 8, 2005 Public Law 108–340, directs the Sec- Women’s Day, celebrated on March 8. than men. In sub-Saharan Africa, be- retary of the Interior to conduct a spe- International Women’s Day gives us all tween the ages of 15 to 24, there are on cial resource study to assess the na- an opportunity to reflect on women’s average 36 women testing positive for tional significance, suitability, and accomplishments around the world and HIV for every 10 males. As the ranking feasibility of designating one or more to reaffirm our commitment to con- member of the Senate Foreign Rela- of the historically significant sites as- tinuing the vitally important work of tions Committee’s Subcommittee on sociated with the Manhattan Project securing and advancing women’s African Affairs, I have had the oppor- as a unit of the National Park System. rights, particularly their health, edu- tunity to travel to numerous countries The significance of the Manhattan cation, and security. in Africa and see firsthand the dev- Project to this Nation—and indeed the Today, we can all marvel at the out- astating toll that HIV/AIDS and other world—would be difficult to overstate, standing contributions that women infectious diseases are taking on the and I believe that passing this bill was make every day to their communities, people of this continent. We must find an important step in fulfilling our re- their countries, and the entire world. concrete ways to address the special sponsibility to ensure that society nei- We can reflect on the work of Wangari vulnerabilities of women and girls in ther forgets nor misunderstands it. Maathai, the Kenyan Nobel Peace Prize our HIV/AID prevention and treatment Mr. DEWINE. Mr. President, I thank winner, whose brave and insistent programs. my distinguished colleague, Senator voice on behalf of human rights and en- Nearly 100 million children worldwide BINGAMAN, for sponsoring that meas- vironmental protection found an audi- are not receiving an education, nearly ure, and I appreciated the support of ence not just on the global stage, and two-thirds of them female. In countries Senator DOMENICI and our colleagues not just among elites in government, such as Uganda and Nigeria, some from Tennessee and Washington. but among the women of her country, teachers are expected to instruct any- The Manhattan Project stands as one who have made the Green Belt Move- where from 175 to 215 students, single- of the great technological achievement a success. We can celebrate the handedly. The education of girls regu- ments of the 20th century. Therefore, it bravery of Afghan women, who have larly takes a back seat to that of their is appropriate to recognize the histor- participated in elections even as the male siblings and to the needs of the ical importance of the sites most close- memory of the Taliban’s brutal repres- family in many parts of the world. In ly associated with the development of sion of their rights remains so fresh. order to combat global diseases, halt the atomic bomb. This legislation has Women accounted for 41 percent of the violence against women, and enhance begun a process for the Secretary of October 2004 vote in Afghanistan, and women’s rights, ensuring girls are edu- the Interior to provide that recogni- women hold 102 seats of Afghanistan’s cated must be a global community pri- tion. Constitutional Loya Jirga. We can re- ority. flect on the wonderful welcome that I want to call attention to the crit- In short, while there are shining ex- Dora Bakoyiannis, the mayor of Ath- ical contributions made in Dayton, OH, amples of progress in women’s rights, ens, extended to the world during this toward the Manhattan Project, under we have much more to do. I urge my year’s Olympic ceremonies. what became known as the ‘‘Dayton colleagues to join me in supporting the Project.’’ Because the Dayton Project But in too many parts of the world, the basic human rights of women are efforts I have described and others to was shrouded in secrecy, its contribu- improve the lives of women. tion has long been overlooked. Yet, the violated with impunity. Human rights groups continue to report rampant vio- technological achievements of the Day- f ton Project were among the most im- lence, abuse, and rape of tens of thousands of women and children by mili- portant to the completion of the Man- ADDITIONAL STATEMENTS hattan Project. It was in Dayton that tants in Eastern Congo who are rarely, scientists discovered how to trigger the if ever, brought to justice. The murders chain reaction that unleashed the of more than 370 women in the Chi- power of the atom. To continue that ef- huahua state of Mexico since 1993 re- REMEMBERING MAX FISHER main unsolved. Thirty more women fort, the Atomic Energy Commission ∑ Mr. SANTORUM. Mr. President, established the Mound Laboratory in have been killed there since 2004 and the lack of progress in these cases of today I would like to reflect on the Miamisburg, just southeast of Dayton. passing of Max Fisher. On March 3, As my colleague explained, the act brutal violence and sexual assault against women from the cities of 2005, Max Fisher passed away at his directs the Secretary of the Interior to home in Franklin, MI. The Fisher fam- study three specifically named sites as- Jua´ rez and Chihuahua is deeply disturbing. The internally displaced ily has suffered a tremendous loss, and sociated with the history of the Man- I offer them my condolences and deep- hattan Project. I would like to ask the women of Darfur, Sudan, too often are confronted with a horrible choice—col- est sympathy during this difficult distinguished Senator if there is the time. opportunity for sites associated with lect firewood and risk being raped by Max Fisher was born in my home- the Dayton Project to be recognized? jinjaweit militia, or watch their chil- town of Pittsburgh, PA. He was a quiet Mr. BINGAMAN. The legislation di- dren go hungry. I have authored or co- leader who led mostly by example. He rects the Secretary to include within sponsored legislative initiatives to ad- inspired his neighbors through his love the study the ‘‘historically significant dress each of these crises, but I know for and dedication to this country. As sites associated with the Manhattan that solutions will require hard work the head of several Jewish-American Project.’’ While the bill lists three of over the long term. I also support the organizations including the United those sites, it does not limit the study U.S. ratification of the Convention on Jewish Appeal, the Council of Jewish to only those sites. Additional sites the Elimination of All Forms of Dis- Federations, the National Jewish Coa- may be included, and it leaves that de- crimination Against Women, CEDAW. lition, and the American Jewish Com- cision to the discretion of the Sec- Ratification of the treaty would send mittee, Max Fisher was able to influ- retary, in consultation with the Sec- an important message to the inter- ence policy with regard to Israeli- retary of Energy and other interested national community about our com- American relations and lead an inter- Federal, State, tribal, and local offi- mitment to the rights of women and national campaign for Israel after the cials, representatives of organizations, girls. Arab-Israeli War in 1967. and members of the public. So, by The global, rapid progression of HIV/ those terms, there certainly is the op- AIDS infection, especially in women, is Max Fisher was a respected friend portunity for sites such as the Dayton undeniable. More than 40 million and adviser to many Republican Presi- Project to be included in the study. adults and children are infected with dents and Secretaries, as they sought Mr. DEWINE. I thank the Senator HIV/AIDS and over 20 million are Max’s wisdom in Middle East affairs. from New Mexico. women. UNAIDS reports that women Max not only leaves behind a legacy and girls in sub-Saharan Africa make in the Jewish community and the f up 57 percent of HIV-positive persons in world of politics, but also a wonderful INTERNATIONAL WOMEN’S DAY this region. Sub-Saharan Africa is the family. My thoughts and prayers are Mr. FEINGOLD. Mr. President, I am only region in which women are in- with the Fisher family during the days pleased to commemorate International fected with the virus at a higher rate and months ahead.∑

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2241 TRIBUTE TO SAMUEL T. DANIELS with a grant from the Ford Founda- For eight years, he taught in city public ∑ Mr. SARBANES. Mr. President, With tion, but over more than two decades schools, including the old Henry H. Garnet School at Division and Lanvale streets. the death on January 6th, 2005, at the under Sam Daniels’ leadership CEBO became one of the first business devel- In 1958, he was named executive secretary age of 82 of Samuel Thornton Daniels, of the Baltimore Community Relations Com- Sr., my city of Baltimore and the State opment organizations in the country, mission and simultaneously worked for Bal- of Maryland lost a distinguished cit- helping to create opportunities for en- timore Municipal Employees Local 44 of the izen, a courageous and far-sighted lead- trepreneurship and business where pre- American Federation of State, County and er, a source of inspiration and, espe- cious few existed for Baltimore’s Afri- Municipal Employees. In 1961, he attended cially, a beloved friend. can-American community and along the Harvard Business School’s trade union Sam Daniels, the Grand Master, was with those opportunities, new hopes, program. known to his fellow members of the new plans, and new dreams. Sam Dan- Mr. Daniels was a school board member from 1969 to 1971. ‘‘He was a calming influ- Prince Hall Masons simply as ‘‘The iels has been described as a ‘‘giant’’ and an ‘‘icon,’’ and surely these words ence on the board during an unsettling Grand,’’ and grand he was. A Balti- time,’’ said Mr. D’Alesandro. morean through and through, he was reflect the critical role he played in ex- Mr. Daniels became head of the Prince Hall born in the city and educated at Doug- panding the opportunities for African Masons in the early 1960s and was among the lass High School and Coppin State Col- American entrepreneurship and leaders who welcomed the Rev. Martin Lu- lege. He married his beloved wife Glad- wealth-building, which has meant so ther King Jr. to Baltimore on Oct. 31, 1964. ys, a fellow student at Coppin, and to- much to the city that he served in so Dr. King’s visit, including an appearance at gether for more than 60 years they many different ways. the lodge’s temple on Eutaw Place, was on went on to raise a new generation of Sam Daniels was a giant and an icon behalf of President Lyndon B. Johnson’s in other ways as well in character and election campaign. Baltimoreans. Sam made our commu- In a 1999 article in The Sun, Mr. Daniels re- nity a better place for all its people. temperament. Mayor D’Alessandro, called that day and how Baltimore was be- Service to others came naturally to who nearly 40 years ago appointed him coming aggressive in its pursuit of civil Sam Daniels. He interrupted his col- to the school board, remembers him as rights. The rally filled the temple. lege studies to serve in the Army in ‘‘an absolutely decent human being,’’ ‘‘They became friends after that visit,’’ World War II, returning to Coppin and his pastor, the Reverend Marion C. said Mr. Daniels’ wife of more than 60 years, State to receive his degree in 1948. Bascom, calls him ‘‘the most giving the former Gladys Eva Wise. When the Korean War conflict broke human being this city has ever Friends said that Mr. Daniels paid travel out 2 years later, Sam returned to mili- known.’’ In the words of George L. Rus- expenses so that young civil rights advocates could attend the 1965 marches in Selma, Ala. tary service, and reached the rank of sell, the former city solicitor and ‘‘He had been central to the advancement captain before receiving his honorable judge, ‘‘he was a temperate person who of black people in Baltimore,’’ said George L. discharge. Soon thereafter he joined conveyed a great deal of wisdom.’’ He Russell Jr., a lawyer and former city solic- Gladys as a teacher in the Baltimore was a great man and a great citizen, itor and judge. ‘‘He was a man who carried a public school system. and he has left us all a magnificent leg- great deal of dignity. He was a temperate In the mid-1950s, Sam Daniels set out acy. We will miss him, and our person who conveyed a great deal of wis- on the path that was to shape his life’s thoughts are with his wife Gladys, his dom.’’ work. It was not just that he joined the children, and his grandchildren. In 1967, Mr. Daniels became director of civil rights movement; rather, in innu- The Baltimore Sun paid tribute to CEBO, an organization initially supported by the Ford Foundation. A decade later, Mr. merable ways he shaped it and he led Sam Daniels in an obituary published Daniels told The Sun that his most impor- it. His professional commitments tell on January 8, 2005. I ask that it be tant accomplishment had been helping Afri- part of the story: Maryland Commis- printed in the RECORD. can-American business owners establish re- sion on Interracial Problems and Rela- The material follows. lationships with large commercial banks. tions; Baltimore Community Relations [From the Baltimore Sun, Jan. 8, 2005] He also pointed to many black-owned businesses, including the Super Pride grocery Commission; Baltimore Equal Employ- SAMUEL T. DANIELS, 82, LEADER IN LOCAL chain, as proof that his council was working. ment Opportunity Commission; and CIVIL RIGHTS STRUGGLE then, starting in 1967 and continuing In 1982, Mr. Daniels called for voter mobili- (By Jacques Kelly) zation in black communities. for more than two decades, the Balti- Samuel T. Daniels, a local leader in the ‘‘Legislation, more than anything else, in- more Council for Equal Business Op- civil rights movement who championed Afri- fluences our lives daily, monthly, weekly portunity, or CEBO. During the 1960s, can-American business enterprise and led the and eternally,’’ he said at a meeting reported in addition to his other commitments, Prince Hall Masons for nearly four decades, in The Evening Sun. ‘‘If we are not a voting Sam also worked for the AFSCME local died Thursday at Levindale Hebrew Geriatric people, those in office are not going to care unions representing Baltimore’s mu- Center of complications from a fall and a about us.’’ brain illness. The Northwest Baltimore resi- Mr. Daniels was the recipient of many nicipal workers. In 1968 he was named dent was 82. to the city’s school board by then- community honors and testimonials. A room Mr. Daniels had retired in 1989 after more has been named after him at Coppin, and Mayor D’Alessandro, where his intel- than 20 years as executive director of the Morgan State University awarded him an ligence, his principles, his clear vision, Baltimore Council for Equal Business Oppor- honorary degree in 2000. and his wise and generous tempera- tunity, a private organization that encour- Mr. Daniels was a longtime member of ment all combined to make him, as the aged black participation in business. He was Douglas Memorial Church. mayor was to observe, ‘‘a calming in- also a past grand master of the 5,000–member Mr. Daniels will lie in state from 10 a.m. to Prince Hall Lodge, an African-American Ma- fluence on the board during an unset- 6 p.m. Wednesday at the Willard W. Allen sonic organization. Masonic Temple, 1301 Eutaw Place. tling time.’’ Sam balanced his profes- ‘‘He was an absolutely decent human being sional commitments with his role in Kappa fraternal services will be held at 6:30 and an integral part of the Baltimore civil p.m. Wednesday and be followed by Masonic The Prince Hall Masons, whose Grand rights movement in the 1960s,’’ said former services at 7:30 p.m. Mr. Daniels will rest in Master he was to become and who Mayor Thomas J. D’Alesandro III, who a sanctuary named in his honor. knew and loved him as ‘‘The Grand.’’ named Mr. Daniels to the city school board A family hour wake will begin at 11 a.m. Under his leadership The Prince Hall in December 1968. ‘‘He was tough, decent, or- Thursday. The funeral service begins at noon Masons grew to have 5,000 members and derly and competent. He was an articulate and will be followed by interment at Arbutus spokesman for the black community.’’ Cemetery. to play a major role in the historic ‘‘He was the most giving human being this In addition to his wife, Mr. Daniels is sur- movement toward civil rights. When city has ever known,’’ said the Rev. Marion vived by two sons, Samuel T. Daniels Jr., C. Bascom, Mr. Daniels’ pastor and friend. Dr. King came to Baltimore in October chief inspector for the city liquor board, and ‘‘Samuel outstretched his hand to just about 1964, Sam Daniels stood among the Van B. Daniels, a manager for the Maryland everyone I’ve ever known.’’ leaders who welcomed him to the Lottery; a brother, Edward Daniels; and Born in Baltimore and raised on Druid Hill Prince Hall Masons Lodge. In every- three grandchildren. All are of Baltimore.∑ Avenue, he was a 1940 graduate of Frederick thing he did he challenged us to make Douglass High School and earned a bach- f our Nation live up to its ideals. elor’s degree in education from what is now HONORING CLIFF MANLEY Of all his many accomplishments, Coppin State University. He served in the Sam Daniels considered CEBO the most Army in World War II and the Korean War, ∑ Mr. JOHNSON. Mr. President, the important. It began modestly enough attaining the rank of captain. Vermillion High School class of 1965, of

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2242 CONGRESSIONAL RECORD — SENATE March 8, 2005 which I am a member, will be cele- It is hard to find those special people in the Senate by Mr. Williams, one of his brating its 40th reunion this summer in life who make such an impression that after secretaries. Vermillion, SD and will be paying trib- forty years they are still considered memo- rable and special. Yet many agree that f ute to former VHS Principal Cliff Manley was such a person. His dedication to EXECUTIVE MESSAGES REFERRED Manley with the unveiling of a hand- Vermillion High School has been remem- some plaque in his honor. bered and appreciated throughout the dec- As in executive session the Presiding Ms. Michelle Rydell, the editor of the ades, and despite the fact that he has since Officer laid before the Senate messages Vermillion High School newspaper, passed away, he is not forgotten. His works from the President of the United ‘‘The Vermillionaire,’’ recently wrote live on through the school and through the States submitting sundry nominations an excellent column in that newspaper lives of the many he has touched. It’s not al- which were referred to the appropriate ways easy to be a disciplinarian and friend, committees. about the class of 1965 and the extraor- yet Manley managed to do both. As a result, dinary career of Cliff Manley. I ask he is remembered not only as a loving hus- (The nominations received today are that this article be printed in the band, father and grandfather, but also as a printed at the end of the Senate pro- RECORD. beloved principal, mentor and friend.∑ ceedings.) The article follows: f f [From the Vermillionaire] PROFESSOR RON SHAFFER MESSAGE FROM THE HOUSE CLASS OF 1965 PAYS TRIBUTE ∑ At 9:55 a.m., a message from the (By Michelle Rydell) Mr. FEINGOLD. Mr. President, it is with great sadness that I note the re- House of Representatives, delivered by ‘‘When we were young and green, you tried Ms. Niland, one of its reading clerks, to bend us in the right direction. Now that cent passing of Professor Ron Shaffer, we are old and bent, we look at the path you a man who dedicated his career to help- announced that the House has passed lit and say, ‘Thank you, Mr. Manley, for ing communities discuss and plan their the following bill, in which it requests helping us set our course. You made a dif- economic development. the concurrence of the Senate: ference.’’’ Ron joined the faculty of the Univer- H.R. 841. An Act to require States to hold It is with fond remembrance that the class sity of Wisconsin-Madison in 1972, the special elections to fill vacancies in the of 1965 dedicates these words to former same year he received a doctorate in House of Representatives not later than 49 Vermillion High School principal, Clifford agricultural economics, and he soon be- days after the vacancy is announced by the Manley. Manley was not simply an authori- came a pillar of that great institution. Speaker of the House of Representatives in tative figure—he was a friend to all students. extraordinary circumstances, and for other VHS alumni remember him as someone with For three decades, until his retirement from UW in 2001, Ron was one of the purposes. a firm hand yet a soft heart. According to The message also announced that former students, he had a sense of humor State’s—if not the country’s—leading that shone through even when he had to be experts on community economics and pursuant to 15 U.S.C. 1024(a), and the firm with one of his students. He was very he wrote extensively on the subject. order of the House of January 4, 2005, personable with both his peers and those But, throughout his many years in aca- the Speaker appoints the following under him. According to one class member, demia, Ron always remained focused Members of the House of Representa- ‘‘Mr. Manley loved all of his students. Of on the real world applications of his tives to the Joint Economic Com- course, there was still a degree of fear when teaching. Economic development was mittee, in addition to Mr. SAXTON of we had to go to the principal’s office, But he New Jersey, appointed January 20, 2005: loved kids—he was a great man.’’ not an abstract concept for him—it was Mr. RYAN of Wisconsin, Mr. ENGLISH of They also remember him as someone who a way to help people live better, was always present for extra-curricular ac- happier, more productive lives. Par- Pennsylvania, Mr. PAUL of Texas, Mr. tivities and who loved watching sports. A ticularly in the decade he spent as di- BRADY of Texas, Mr. MCCOTTER of former coach himself, Manley made it an ob- rector of the University of Wisconsin Michigan, Mrs. MALONEY of New York, jective to support not only the school but his Center for Community Economic De- Mr. HINCHEY of New York, Ms. LORETTA students as well. It if perhaps for his dedica- velopment, Ron devoted himself to bol- SANCHEZ of California, and Mr. tion that he is most well-known. As prin- stering the many and varied rural com- CUMMINGS of Maryland. cipal, Manley did everything from teaching munities that are the backbone of Wis- to coaching, and most importantly, serving f as a mentor and role model for his students. consin. MEASURES PLACED ON THE Ron won many honors and accolades Manley’s service and dedication is the rea- CALENDAR son the class of 1965 (which, incidentally, was throughout his career. His work at- the last class to graduate from the old tracted international attention, and he The following bill was read the sec- Vermillion High School) has dedicated a was called upon by governments from ond time, and placed on the calendar: plaque in remembrance of is gracious spirit. Australia to Norway to advise on local S. 539. A bill to amend title 28, United The plaque, featuring a picture of Manley set economic development policies. In a States Code, to provide the protections of against a picture of the old high school and particularly fitting move, the year he habeas corpus for certain incapacitated indi- decorated with red birds to signify the class’ retired from UW, the National Rural viduals whose life is in jeopardy, and for ever-present Tanager pride, will be hung in other purposes. Development Partnership established the high school in the coming month. f The plaque had recently been hanging in the Ron Shaffer Award, to be given an- the Sioux Valley Dakota Gardens, where nually for outstanding collaboration in EXECUTIVE AND OTHER Manley’s wife Helen now lives. The plaque rural America. COMMUNICATIONS was displayed at the Dakota Gardens in But I suspect that none of the honors The following communications were order that Helen’s children and friends might he won mattered as much to Ron as the laid before the Senate, together with get the opportunity to see it during Christ- love and companionship of his family mas, but now that the holidays are over accompanying papers, reports, and doc- and friends. They loved his decency, his uments, and were referred as indicated: Helen is giving the plaque to the high school compassion, and his willingness to lead to display. The plaque will stay in the school a patient ear. They admired him for EC–1202. A communication from the In- as a lasting tribute to the man who not only spector General, General Services Adminis- taught his students as a biology teacher and the courage with which he handled his tration, transmitting, pursuant to law, the principal, but a man who inspired them on a diagnosis of ALS, or Lou Gehrig’s Dis- Administration’s Audit Report Register for personal level as well. ease. It was typical of Ron that he used the period ending September 30, 2004; to the VHS students will be some of the first peo- his illness as an opportunity to advo- Committee on Homeland Security and Gov- ple to see the plaque. The plaque is des- cate for others afflicted with this ter- ernmental Affairs. ignated to be revealed at the class of 1965’s rible disease—after all, he spent his life EC–1203. A communication from the Chief 40th reunion, which will be occurring this helping others. He will be sorely missed Executive Officer, Neighborhood Reinvest- coming summer. The reunion, therefore, will as a husband, a father, a friend, and a ment Corporation, transmitting, pursuant to be not only be a time of fellowship for former ∑ law, the Corporation’s 2004 Annual Program students to rediscover their classmates, but deeply good and giving man. Performance Report; to the Committee on it will also be a time for students to remem- f Homeland Security and Governmental Af- ber the principal who had such an impact on MESSAGES FROM THE PRESIDENT fairs. so many students’ lives and take a moment EC–1204. A communication from the Dep- to reflect on their appreciation for his serv- Messages from the President of the uty Secretary of Veterans’ Affairs, transmit- ice. United States were communicated to ting, the Department of Veterans Affairs’

VerDate Aug 31 2005 05:58 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S08MR5.REC S08MR5 hmoore on PROD1PC68 with CONG-REC-ONLINE March 8, 2005 CONGRESSIONAL RECORD — SENATE S2243 Special Medical Advisory Group’s Annual it Administration, transmitting, the Admin- mint Oil for the 2004–2005 Marketing Year’’ Report to Congress for Fiscal Year 2004; to istration’s proposed budget for Fiscal Year (FV04–985–2 IFR–A) received on March 7, 2005; the Committee on Veterans’ Affairs. 2006; to the Committee on Agriculture, Nu- to the Committee on Agriculture, Nutrition, EC–1205. A communication from the Prin- trition, and Forestry. and Forestry. cipal Deputy Associate Administrator, Office EC–1214. A communication from the In- EC–1223. A communication from the Acting of Policy, Economics, and Innovation, Envi- spector General, Department of Agriculture, Administrator, Agricultural Marketing ronmental Protection Agency, transmitting, transmitting, pursuant to law, the Depart- Service, Fruit and Vegetable Programs, De- pursuant to law, the report of a rule entitled ment’s investigative report of the Forest partment of Agriculture, transmitting, pur- ‘‘Approval and Promulgation of Air Quality Service fatalities that occurred in the suant to law, the report of a rule entitled Implementation Plans; West Virginia; Redes- Cramer Fire in the Salmon-Challis National ‘‘Beef Promotion and Research; Reapportion- ignation of the City of Weirton Including the Forest in Idaho on July 22, 2003; to the Com- ment’’ (LS–04–09) received on March 7, 2005; Clay and Butler Magisterial Districts SO2 mittee on Agriculture, Nutrition, and For- to the Committee on Agriculture, Nutrition, Nonattainment Area and Approval of the estry. and Forestry. Maintenance Plan; Correction’’ (FRL No. EC–1215. A communication from the Chair- EC–1224. A communication from the Dep- 7882-4) received on March 7, 2005; to the Com- man and Chief Executive Officer, Farm Cred- uty Chief of Naval Operations for Manpower mittee on Environment and Public Works. it Administration, transmitting, pursuant to and Personnel, Department of the Navy, EC–1206. A communication from the Prin- law, a report relative to the Administra- transmitting, pursuant to law, the notifica- cipal Deputy Associate Administrator, Office tion’s notification of its 2005 compensation tion of a decision to implement performance of Policy, Economics, and Innovation, Envi- program adjustments; to the Committee on by the Most Efficient Organization (MEO) for ronmental Protection Agency, transmitting, Agriculture, Nutrition, and Forestry. Public Works Center Maintenance and Re- pursuant to law, the report of a rule entitled EC–1216. A communication from the Chief, pair of Building and Structures in San Diego, ‘‘Approval and Promulgation of Air Quality Program Design Branch, Food and Nutrition CA.; to the Committee on Armed Services. Implementation Plan; Revised Format for Service, Department of Agriculture, trans- EC–1225. A communication from the In- Materials Being Incorporated by Reference mitting, pursuant to law, the report of a rule spector General, Department of Defense, for South Dakota’’ (FRL No. 7878-6) received entitled ‘‘Food Stamp Program High Per- transmitting, pursuant to law, the Office of on March 7, 2005; to the Committee on Envi- formance Bonuses’’ received on March 7 , the Inspector General’s report on inventory ronment and Public Works. 2005; to the Committee on Agriculture, Nu- of commercial and inherently government EC–1207. A communication from the Prin- trition, and Forestry. activities for fiscal year 2004; to the Com- cipal Deputy Associate Administrator, Office EC–1217. A communication from the Prin- mittee on Armed Services. EC–1226. A communication from the Direc- of Policy, Economics, and Innovation, Envi- cipal Deputy Associate Administrator, Office tor, Defense Procurement and Acquisition ronmental Protection Agency, transmitting, of Policy, Economics, and Innovation, Envi- Policy, Department of Defense, transmit- pursuant to law, the report of a rule entitled ronmental Protection Agency, transmitting, ting, pursuant to law, the report of a rule en- ‘‘Approval and Promulgation of Implementa- pursuant to law, the report of a rule entitled titled ‘‘Government Source Inspection Re- tion Plans and Designation of Areas for Air ‘‘Clofentezine; Pesticide Tolerance’’ (FRL quirements’’ (DFARS Case 2002–D032) re- Quality Planning Purposes; Arizona’’ (FRL No. 7699-8) received on March 7, 2005; to the ceived on March 7, 2005; to the Committee on No. 7875-2) received on March 7, 2005; to the Committee on Agriculture, Nutrition, and Armed Services. Forestry. Committee on Environment and Public EC–1227. A communication from the Direc- EC–1218. A communication from the Prin- Works. tor, Defense Procurement and Acquisition cipal Deputy Associate Administrator, Office EC–1208. A communication from the Prin- Policy, Department of Defense, transmit- of Policy, Economics, and Innovation, Envi- cipal Deputy Associate Administrator, Office ting, pursuant to law, the report of a rule en- ronmental Protection Agency, transmitting, of Policy, Economics, and Innovation, Envi- titled ‘‘Bonds’’ (DFARS Case 2003–D033) re- pursuant to law, the report of a rule entitled ronmental Protection Agency, transmitting, ceived on March 7, 2005; to the Committee on ‘‘Fenbuconazole; Time-Limited Pesticide pursuant to law, the report of a rule entitled Armed Services. ‘‘Approval and Promulgation of State Air Tolerance’’ (FRL No. 7699-2) received on EC–1228. A communication from the Direc- Quality Plans for Designated Facilities and March 7, 2005; to the Committee on Agri- tor, Defense Procurement and Acquisition Pollutants, Commonwealth of Pennsylvania; culture, Nutrition, and Forestry. Policy, Department of Defense, transmit- Delegation of Authority’’ (FRL No. 7880-4) EC–1219. A communication from the Acting ting, pursuant to law, the report of a rule en- received on March 7, 2005; to the Committee Administrator, Agricultural Marketing titled ‘‘Resolving Tax Problems’’ (DFARS on Environment and Public Works. Service, Fruit and Vegetable Programs, De- Case 2003–D032) received on March 7, 2005; to EC–1209. A communication from the Prin- partment of Agriculture, transmitting, pur- the Committee on Armed Services. cipal Deputy Associate Administrator, Office suant to law, the report of a rule entitled EC–1229. A communication from the Sec- of Policy, Economics, and Innovation, Envi- ‘‘Tart Cherries Grown in the State of Michi- retary of Commerce, transmitting, pursuant ronmental Protection Agency, transmitting, gan, et al.; Final Free and Restricted Per- to law, the Annual Report for Fiscal Year pursuant to law, the report of a rule entitled centages for the 2004-2005 Crop Year’’ (FVO4- 2004 of the Commerce Department’s Bureau ‘‘Approval and Promulgation of State Plan 930-2 FR) received on March 7, 2005; to the of Industry and Security ; to the Committee for Designated Facilities and Pollutants; Committee on Agriculture, Nutrition, and on Commerce, Science, and Transportation. Nashville, Tennessee’’ (FRL No. 7881-7) re- Forestry. EC–1230. A communication from the Fed- ceived on March 7, 2005; to the Committee on EC–1220. A communication from the Acting eral Liaison Office, Patent and Trademark Environment and Public Works. Administrator, Agricultural Marketing Office, Department of Commerce, transmit- EC–1210. A communication from the Prin- Service, Fruit and Vegetable Programs, De- ting, pursuant to law, the report of a rule en- cipal Deputy Associate Administrator, Office partment of Agriculture, transmitting, pur- titled ‘‘Correspondence with the United of Policy, Economics, and Innovation, Envi- suant to law, the report of a rule entitled States Patent and Trademark Office’’ ronmental Protection Agency, transmitting, ‘‘Pistachios Grown in California; Establish- (RIN0651–AB86) received on March 7, 2005; to pursuant to law, the report of a rule entitled ment of Continuing Assessment Rate and Re- the Committee on Commerce, Science, and ‘‘Incorporation by Reference of Approved porting Requirements’’ (FVO4-983-2 FR) re- Transportation. State Hazardous Waste Management Pro- ceived on March 7, 2005; to the Committee on EC–1231. A communication from the Sec- gram’’ (FRL No. 7877-4) received on March 7, Agriculture, Nutrition, and Forestry. retary of the Commission , Bureau of Com- 2005; to the Committee on Environment and EC–1221. A communication from the Acting petition, Federal Trade Commission, trans- Public Works. Administrator, Agricultural Marketing mitting, pursuant to law, the report of a rule EC–1211. A communication from the Prin- Service, Fruit and Vegetable Programs, De- entitled ‘‘Revised Jurisdictional Thresholds cipal Deputy Associate Administrator, Office partment of Agriculture, transmitting, pur- for Section 7A of the Clayton Act; Notice’’ of Policy, Economics, and Innovation, Envi- suant to law, the report of a rule entitled (RIN3084–AA91) received on March 7, 2005; to ronmental Protection Agency, transmitting, ‘‘Sweet Cherries Grown in Designated Coun- the Committee on Commerce, Science, and pursuant to law, the report of a rule entitled ties in Washington, Establishment of Min- Transportation. ‘‘Revisions to the California State Imple- imum Size and Maturity Requirements for EC–1232. A communication from the Sec- mentation Plan, Kern County Air Pollution Lightly Colored Sweet Cherry Varieties’’ retary of the Commission, Bureau of Com- Control District’’ (FRL No. 7878-3) received (FV04-923-1 FR) received on March 7, 2005; to petition, Federal Trade Commission, trans- on March 7, 2005; to the Committee on Envi- the Committee on Agriculture, Nutrition, mitting, pursuant to law, the report of a rule ronment and Public Works. and Forestry. entitled ‘‘Premerger Notification; Reporting EC–1212. A communication from the Direc- EC–1222. A communication from the Acting and Waiting Period Requirements; Final tor, Office of Human Capital Management, Administrator, Agricultural Marketing Rule’’ (RIN3084–AA91) received on March 7, Department of Energy, transmitting, pursu- Service, Fruit and Vegetable Programs, De- 2005; to the Committee on Commerce, ant to law, the report of a vacancy in the po- partment of Agriculture, transmitting, pur- Science, and Transportation. sition of Deputy Secretary of Energy, re- suant to law, the report of a rule entitled EC–1233. A communication from the Dep- ceived on March 7, 2005; to the Committee on ‘‘Marketing Order Regulating the Handling uty Assistant Secretary for Export Adminis- Energy and Natural Resources. of Spearmint Oil Products in the Far West; tration, Bureau of Industry and Security, EC–1213. A communication from the Chair- Revision of the Salable Quantity and Allot- Department of Commerce, transmitting, pur- man and Chief Executive Officer, Farm Cred- ment Percentage of Class 3 (Native) Spear- suant to law, the report of a rule entitled

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2244 CONGRESSIONAL RECORD — SENATE March 8, 2005 ‘‘Technical Corrections to the Export Ad- INTRODUCTION OF BILLS AND GOLD, Ms. SNOWE, Mr. SCHUMER, Mr. ministration Regulations’’ (RIN0694–AD32) JOINT RESOLUTIONS DURBIN, Mr. LEVIN, Mrs. BOXER, Mr. received on March 7, 2005; to the Committee WYDEN, Mr. CORZINE, and Mr. DAY- on Commerce, Science, and Transportation. The following bills and joint resolu- TON): EC–1234. A communication from the Dep- tions were introduced, read the first S. 555. A bill to amend the Sherman Act to uty Assistant Secretary for Export Adminis- and second times by unanimous con- make oil-producing and exporting cartels il- tration, Bureau of Industry and Security, sent, and referred as indicated: legal; to the Committee on the Judiciary. Department of Commerce, transmitting, pur- By Mr. JEFFORDS (for himself, Mr. By Mr. MCCAIN: S. 556. A bill to direct the Secretary of the suant to law, the report of a rule entitled GREGG, Mr. ENZI, Mr. BINGAMAN, Mr. Interior and the Secretary of Agriculture to ‘‘Denied Persons and Specially Designated FRIST, and Mrs. MURRAY): Nationals’’ (RIN0694–AD43) received on S. 544. A bill to amend title IX of the Pub- jointly conduct a study of certain land adja- March 7, 2005; to the Committee on Com- lic Health Service Act to provide for the im- cent to the Walnut Canyon National Monu- merce, Science, and Transportation. provement of patient safety and to reduce ment in the State of Arizona; to the Com- EC–1235. A communication from the Dep- the incidence of events that adversely affect mittee on Energy and Natural Resources. uty Assistant Secretary for Export Adminis- patient safety; to the Committee on Health, By Mr. COBURN: tration, Bureau of Industry and Security, Education, Labor, and Pensions. S. 557. A bill to provide that Executive Department of Commerce, transmitting, pur- By Mr. THOMAS (for himself and Mr. Order 13166 shall have no force or effect, to prohibit the use of funds for certain pursuant to law, the report of a rule entitled KYL): ‘‘Revision of License Exception TMP for Ac- S. 545. A bill to amend the Internal Rev- poses, and for other purposes; to the Com- tivities by Organizations Working to Relieve enue Code of 1986 to create Lifetime Savings mittee on Homeland Security and Govern- Human Suffering in Sudan’’ (RIN0694–AD38) Accounts; to the Committee on Finance. mental Affairs. received on March 7, 2005; to the Committee By Mr. THOMAS (for himself and Mr. By Mr. REID (for himself, Mr. BIDEN, on Commerce, Science, and Transportation. KYL): Ms. MIKULSKI, Mrs. MURRAY, Mr. EC–1236. A communication from the Ad- S. 546. A bill to amend the Internal Rev- NELSON of Florida, Mrs. BOXER, Mr. ministrator of the Federal Aviation Admin- enue Code of 1986 to provide for retirement JOHNSON, Mr. SALAZAR, Mr. BINGA- istration, Department of Transportation, savings accounts, and for other purposes; to MAN, Ms. LANDRIEU, Mr. JEFFORDS, transmitting, pursuant to law, the Depart- the Committee on Finance. Mr. KENNEDY, Mrs. LINCOLN, Mrs. ment’s Capital Investment Plan for Fiscal By Mr. THOMAS (for himself and Mr. CLINTON, Mr. LIEBERMAN, and Mr. Years 2006–2010; to the Committee on Com- KYL): DURBIN): merce, Science, and Transportation. S. 547. A bill to amend the Internal Rev- S. 558. A bill to amend title 10, United EC–1237. A communication from the Board enue Code of 1986 to provide for employer re- States Code, to permit certain additional re- of Trustees, National Railroad Retirement tirement savings accounts, and for other tired members of the Armed Forces who have Investment Trust, transmitting, pursuant to purposes; to the Committee on Finance. a service-connected disability to receive law, a report relative to the Trust’s oper- By Mr. CONRAD (for himself and Mr. both disability compensation from the De- ations and financial condition; to the Com- ROBERTS): partment of Veterans Affairs for their dis- mittee on Finance. S. 548. A bill to amend the Food Security ability and either retired pay by reason of EC–1238. A communication from the Chief, Act of 1985 to encourage owners and opera- their years of military service or Combat- Regulations Branch, Customs and Border tors of privately-held farm, ranch, and forest Related Special compensation and to elimi- Protection, Department of Homeland Secu- land to voluntarily make their land avail- nate the phase-in period under current law rity, transmitting, pursuant to law, the re- able for access by the public under programs with respect to such concurrent receipt; to port of a rule entitled ‘‘Extension of Import administered by States and tribal govern- the Committee on Armed Services. Restrictions Imposed on Certain Categories ments; to the Committee on Agriculture, Nu- By Mr. BIDEN (for himself and Mr. of Archaeological Material from the trition, and Forestry. LUGAR): Prehispanic Cultures of the Republic of El By Mr. ALLARD (for himself, Mr. S. 559. A bill to make the protection of vul- Salvador’’ (RIN1505–AB56) received on March HAGEL, Mr. NELSON of Nebraska, Mr. nerable populations, especially women and 7, 2005 ; to the Committee on Finance. SALAZAR, and Mr. THUNE): children, who are affected by a humanitarian EC–1239. A communication from the Regu- S. 549. A bill to extend a certain high pri- emergency a priority of the United States lations Officer, Social Security Administra- ority corridor in the States of Colorado, Ne- Government, and for other purposes; to the tion, transmitting, pursuant to law, the re- braska, South Dakota, and Wyoming; to the Committee on Foreign Relations. port of a rule entitled ‘‘Wage Credits for Vet- Committee on Environment and Public By Mr. DEWINE (for himself and Mr. erans and Members of the Uniformed Serv- Works. ROCKEFELLER): S. 560. A bill to enhance disclosure of auto- ices’’ (RIN0960–AF90) received on March 7, By Mr. CORZINE (for himself, Mr. mobile safety information; to the Committee 2005; to the Committee on Finance. OBAMA, Ms. SNOWE, Mr. BINGAMAN, on Commerce, Science, and Transportation. EC–1240. A communication from the Sec- Mrs. BOXER, Ms. CANTWELL, Mrs. By Mr. DEWINE (for himself and Mr. retary of Health and Human Services, trans- CLINTON, Mr. DODD, Mr. DURBIN, Mrs. ROCKEFELLER): mitting, pursuant to law, a report entitled FEINSTEIN, Mr. KENNEDY, Mr. LAU- S. 561. A bill to improve child safety in ‘‘Medicare Contracting Reform: A Blueprint TENBERG, Mr. LEAHY, Ms. MIKULSKI, motor vehicles; to the Committee on Com- for a Better Medicare’’ received on March 7, Mrs. MURRAY, Mr. SCHUMER, Mr. merce, Science, and Transportation. 2005; to the Committee on Finance. SMITH, and Mr. KERRY): S. 550. A bill to amend the Public Health By Mr. DEWINE (for himself and Mr. Service Act with respect to facilitating the ROCKEFELLER): f development of microbicides for preventing S. 562. A bill to amend title 23, United transmission of HIV and other diseases, and States Code, to improve the highway safety REPORTS OF COMMITTEES for other purposes; to the Committee on improvement program and provide for a pro- The following reports of committees Health, Education, Labor, and Pensions. portional obligation of amounts made available for the highway safety improvement were submitted: By Mr. ALLARD: S. 551. A bill to direct the Secretary of Vet- program; to the Committee on Environment By Mr. DOMENICI, from the Committee on erans Affairs to establish a national ceme- and Public Works. Energy and Natural Resources, without tery for veterans in the Colorado Springs, By Mr. DEWINE (for himself and Mr. amendment: Colorado, metropolitan area; to the Com- ROCKEFELLER): S. 55. A bill to adjust the boundary of mittee on Veterans’ Affairs. S. 563. A bill to improve driver licensing Rocky Mountain National Park in the State By Mr. AKAKA: and education, and for other purposes; to the of Colorado (Rept. No. 109–19). S. 552. A bill to make technical corrections Committee on Commerce, Science, and S. 57. A bill to further the purposes of the to the Veterans Benefits Improvement Act of Transportation. Sand Creek Massacre National Historic Site 2004; to the Committee on Veterans’ Affairs. By Mr. DEWINE (for himself and Mr. Establishment Act of 2000 (Rept. No. 109–20). By Mrs. FEINSTEIN (for herself and ROCKEFELLER): S. 276. A bill to revise the boundary of the Mr. ALLEN): S. 564. A bill to improve traffic safety by Wind Cave National Park in the State of S. 553. A bill to amend title 23, United discouraging the use of traffic signal pre- South Dakota (Rept. No. 109–21). States Code, to provide for HOV-lane exemp- emption transmitters; to the Committee on By Mr. DOMENICI, from the Committee on tions for low-emission and hybrid vehicles; the Judiciary. Energy and Natural Resources, with an to the Committee on Environment and Pub- By Mr. DEWINE (for himself and Mr. amendment: lic Works. LAUTENBERG): S. 301. A bill to authorize the Secretary of By Mr. THOMAS (for himself and Mr. S. 565. A bill to direct the National High- the Interior to provide assistance in imple- ENZI): way Traffic Safety Administration to estab- menting cultural heritage, conservation, and S. 554. A bill for the relief of Ashley Ross lish and carry out traffic safety law enforce- recreational activities in the Connecticut Fuller; to the Committee on the Judiciary. ment and compliance campaigns, and for River watershed of the States of New Hamp- By Mr. DEWINE (for himself, Mr. KOHL, other purposes; to the Committee on Com- shire and Vermont (Rept. No. 109–22). Mr. LEAHY, Mr. GRASSLEY, Mr. FEIN- merce, Science, and Transportation.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2245 By Mr. ROCKEFELLER (for himself, charitable giving, with the goal of increasing ana (Mr. BAYH), the Senator from Ar- Mr. KENNEDY, Mr. CORZINE, and Mr. the annual amount of charitable giving in kansas (Mr. PRYOR) and the Senator LAUTENBERG): the United States by 1 percent; to the Com- from South Carolina (Mr. GRAHAM) S. 566. A bill to continue State coverage of mittee on Finance. were added as cosponsors of S. 338, a medicaid prescription drug coverage to medi- f care dual eligible beneficiaries for 6 months bill to provide for the establishment of while still allowing the medicare part D ben- ADDITIONAL COSPONSORS a Bipartisan Commission on Medicaid. efit to be implemented as scheduled; to the S. 8 S. 345 Committee on Finance. At the request of Mr. DURBIN, the By Mr. LUGAR: At the request of Mr. ENSIGN, the S. 567. A bill to provide immunity for non- names of the Senator from Texas (Mrs. name of the Senator from Colorado profit athletic organizations in lawsuits aris- HUTCHISON), the Senator from Alabama (Mr. SALAZAR) was added as a cospon- ing from claims of ordinary negligence relat- (Mr. SHELBY), the Senator from Ne- sor of S. 345, a bill to amend title XVIII ing to the passage, adoption, or failure to braska (Mr. NELSON), the Senator from of the Social Security Act to deliver a adopt rules of play for athletic competitions Utah (Mr. HATCH) and the Senator from meaningful benefit and lower prescrip- and practices; to the Committee on the Judi- Missouri (Mr. TALENT) were added as tion drug prices under the medicare ciary. program. By Mr. VOINOVICH (for himself and cosponsors of S. 8, a bill to amend title Mr. FEINGOLD): 18, United States Code, to prohibit tak- S. 352 S. 568. A bill to balance the budget and pro- ing minors across State lines in cir- At the request of Ms. MIKULSKI, the tect the Social Security Trust Fund sur- cumvention of laws requiring the in- name of the Senator from Wisconsin pluses; to the Committee on the Budget. volvement of parents in abortion deci- (Mr. FEINGOLD) was added as a cospon- By Ms. SNOWE (for herself, Ms. MIKUL- sions. SKI, Mr. HARKIN, Mr. CORZINE, and sor of S. 352, a bill to revise certain re- S. 37 Mrs. BOXER): quirements for H–2B employers and re- S. 569. A bill to improve the health of At the request of Mrs. HUTCHISON, the quire submission of information re- women through the establishment of Offices name of the Senator from Pennsyl- garding H–2B non-immigrants, and for of Women’s Health within the Department of vania (Mr. SPECTER) was added as a co- other purposes. Health and Human Services; to the Com- sponsor of S. 37, a bill to extend the S. 403 mittee on Health, Education, Labor, and special postage stamp for breast cancer At the request of Mr. ENSIGN, the Pensions. research for 2 years. names of the Senator from Montana f S. 132 (Mr. BURNS), the Senator from Lou- SUBMISSION OF CONCURRENT AND At the request of Mr. SMITH, the isiana (Mr. VITTER), the Senator from SENATE RESOLUTIONS name of the Senator from Colorado Alabama (Mr. SHELBY), the Senator The following concurrent resolutions (Mr. ALLARD) was added as a cosponsor from Nebraska (Mr. NELSON), the Sen- and Senate resolutions were read, and of S. 132, a bill to amend the Internal ator from Texas (Mrs. HUTCHISON), the referred (or acted upon), as indicated: Revenue Code of 1986 to allow a deduc- Senator from Missouri (Mr. TALENT), By Mr. BIDEN: tion for premiums on mortgage insur- the Senator from Georgia (Mr. CHAM- S. Res. 73. A resolution honoring the life of ance. BLISS) and the Senator from Utah (Mr. Enrique ‘‘Kiki’’ Camarena; to the Committee S. 147 HATCH) were added as cosponsors of S. on the Judiciary. At the request of Ms. MURKOWSKI, her 403, a bill to amend title 18, United By Mr. BIDEN (for himself, Mrs. CLIN- name was added as a cosponsor of S. States Code, to prohibit taking minors TON, Mr. LUGAR, Mr. KOHL, Mrs. MUR- 147, a bill to express the policy of the RAY, Mr. LAUTENBERG, Ms. STABENOW, across State lines in circumvention of United States regarding the United Mrs. BOXER, Mr. BAYH, Ms. LANDRIEU, laws requiring the involvement of par- Mr. JOHNSON, Mr. JEFFORDS, Mr. States relationship with Native Hawai- ents in abortion decisions. ians and to provide a process for the LEVIN, Mr. FEINGOLD, Mr. DODD, Mr. S. 424 SARBANES, Mr. CORZINE, Mr. KERRY, recognition by the United States of the At the request of Mr. BOND, the name Mr. OBAMA, Mr. SALAZAR, Mr. KEN- Native Hawaiian governing entity. of the Senator from New Jersey (Mr. NEDY, Ms. MIKULSKI, Mrs. LINCOLN, S. 268 Mr. HATCH, Mrs. FEINSTEIN, and Mr. CORZINE) was added as a cosponsor of S. At the request of Mr. HARKIN, the REID): 424, a bill to amend the Public Health S. Res. 74. A resolution designating March names of the Senator from Iowa (Mr. Service Act to provide for arthritis re- 8, 2005, as ‘‘International Women’s Day’’; GRASSLEY), the Senator from Florida search and public health, and for other considered and agreed to. (Mr. NELSON), the Senator from Oregon purposes. By Mr. SPECTER (for himself, Mr. (Mr. SMITH) and the Senator from S. 438 SARBANES, Mr. ALLEN, Mr. BENNETT, Maine (Ms. SNOWE) were added as co- Mr. BIDEN, Mr. BINGAMAN, Mrs. sponsors of S. 268, a bill to provide At the request of Mr. ENSIGN, the BOXER, Mr. CARPER, Mr. CHAFEE, Mr. competitive grants for training court names of the Senator from Utah (Mr. CHAMBLISS, Mrs. CLINTON, Mr. reporters and closed captioners to meet BENNETT) and the Senator from Cali- COBURN, Mr. COCHRAN, Mr. CORZINE, fornia (Mrs. BOXER) were added as co- Mr. CRAIG, Mr. DEWINE, Mr. DODD, requirements for realtime writers sponsors of S. 438, a bill to amend title Mr. DOMENICI, Mr. DORGAN, Mr. DUR- under the Telecommunications Act of BIN, Mr. FEINGOLD, Mrs. FEINSTEIN, 1996, and for other purposes. XVIII of the Social Security Act to re- Mr. GRASSLEY, Mr. GREGG, Mr. S. 331 peal the medicare outpatient rehabili- tation therapy caps. HAGEL, Mr. INHOFE, Mr. JOHNSON, Mr. At the request of Mr. JOHNSON, the KENNEDY, Mr. KERRY, Mr. KOHL, Ms. names of the Senator from Michigan S. 483 LANDRIEU, Mr. LAUTENBERG, Mr. TABENOW At the request of Mr. CORNYN, the LEVIN, Mr. LIEBERMAN, Mr. LOTT, Mr. (Ms. S ) and the Senator from LUGAR, Ms. MIKULSKI, Ms. MUR- North Dakota (Mr. DORGAN) were added name of the Senator from Texas (Mrs. KOWSKI, Mrs. MURRAY, Mr. NELSON of as cosponsors of S. 331, a bill to amend HUTCHISON) was added as a cosponsor of Florida, Mr. OBAMA, Mr. REED, Mr. title 38, United States Code, to provide S. 483, a bill to strengthen religious lib- REID, Mr. ROCKEFELLER, Mr. SALA- for an assured adequate level of fund- erty and combat government hostility ZAR, Mr. SANTORUM, Mr. SCHUMER, ing for veterans health care. to expressions of faith, by extending Mr. SMITH, Ms. SNOWE, Ms. STABE- S. 335 the reach of The Equal Access Act to NOW, Mr. STEVENS, Mr. SUNUNU, Mr. elementary schools. THOMAS, Mr. VOINOVICH, and Mr. At the request of Mr. LIEBERMAN, the WYDEN): name of the Senator from Montana S. 484 S. Res. 75. A resolution designating March (Mr. BAUCUS) was added as a cosponsor At the request of Mr. WARNER, the 25, 2005, as ‘‘Greek Independence Day: A Na- of S. 335, a bill to reauthorize the Con- name of the Senator from Washington tional Day of Celebration of Greek and gressional Award Act. (Ms. CANTWELL) was added as a cospon- American Democracy’’; considered and S. 338 agreed to. sor of S. 484, a bill to amend the Inter- By Mr. SANTORUM: At the request of Mr. SMITH, the nal Revenue Code of 1986 to allow Fed- S. Con. Res. 15. A concurrent resolution en- names of the Senator from New York eral civilian and military retirees to couraging all Americans to increase their (Mrs. CLINTON), the Senator from Indi- pay health insurance premiums on a

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2246 CONGRESSIONAL RECORD — SENATE March 8, 2005 pretax basis and to allow a deduction (Mrs. FEINSTEIN) was added as a co- Secondly, our tax code is entirely too for TRICARE supplemental premiums. sponsor of amendment No. 47 proposed complex and contributes to lack of par- S. 506 to S. 256, a bill to amend title 11 of the ticipation in the tax-preferred vehicles At the request of Mr. DURBIN, the United States Code, and for other pur- that already exist. These bills, by al- name of the Senator from California poses. lowing individuals to accumulate tax- (Mrs. BOXER) was added as a cosponsor AMENDMENT NO. 67 free interest and by streamlining cur- of S. 506, a bill to amend the Public At the request of Mr. DODD, the name rent savings vehicles, represent an im- Health Service Act to establish a schol- of the Senator from Massachusetts portant step toward fundamental tax arship and loan repayment program for (Mr. KENNEDY) was added as a cospon- reform. public health preparedness workforce sor of amendment No. 67 proposed to S. Finally, as the Social Security sys- development to eliminate critical pub- 256, a bill to amend title 11 of the tem strains under increasing pressure, lic health preparedness workforce United States Code, and for other pur- it is even more important that we pro- shortages in Federal, State, local, and poses. vide a better, more responsive, simpler tribal public health agencies. AMENDMENT NO. 89 system for Americans to accumulate S. 520 At the request of Mr. FEINGOLD, the personal savings for retirement. At the request of Mr. SHELBY, the name of the Senator from Massachu- Mr. President, I ask unanimous con- names of the Senator from Idaho (Mr. setts (Mr. KERRY) was added as a co- sent that the text of the bills be print- CRAIG) and the Senator from Mis- sponsor of amendment No. 89 proposed ed in the RECORD. sissippi (Mr. LOTT) were added as co- to S. 256, a bill to amend title 11 of the There being no objection, the bills sponsors of S. 520, a bill to limit the ju- United States Code, and for other pur- were ordered to be printed in the risdiction of Federal courts in certain poses. RECORD, as follows: cases and promote federalism. S. 545 S. 525 f Be it enacted by the Senate and House of Rep- At the request of Mr. ALEXANDER, the STATEMENTS ON INTRODUCED resentatives of the United States of America in name of the Senator from Ohio (Mr. BILLS AND JOINT RESOLUTIONS Congress assembled, DEWINE) was added as a cosponsor of S. By Mr. THOMAS (for himself and SECTION 1. SHORT TITLE. 525, a bill to amend the Child Care and Mr. KYL): This Act may be cited as the ‘‘Lifetime Development Block Grant Act of 1990 S. 545. A bill to amend the Internal Savings Account Act of 2005’’. to reauthorize the Act, to improve Revenue Code of 1986 to create Lifetime SEC. 2. LIFETIME SAVINGS ACCOUNTS. early learning opportunities and pro- Savings Accounts; to the Committee (a) IN GENERAL.—Subchapter F of Chapter mote school preparedness, and for on Finance. 1 of the Internal Revenue Code of 1986 (relat- other purposes. ing to exempt organizations) is amended by S. 533 By Mr. THOMAS (for himself and adding at the end the following new part: At the request of Mrs. HUTCHISON, the Mr. KYL): ‘‘PART IX—LIFETIME SAVINGS ACCOUNTS name of the Senator from New Mexico S. 546. A bill to amend the Internal ‘‘SEC. 530A. LIFETIME SAVINGS ACCOUNTS. (Mr. DOMENICI) was added as a cospon- Revenue Code of 1986 to provide for re- ‘‘(a) GENERAL RULE.—A Lifetime Savings sor of S. 533, a bill to amend the Inter- tirement savings accounts, and for Account shall be exempt from taxation nal Revenue Code of 1986 to clarify that other purposes; to the Committee on under this subtitle. Notwithstanding the pre- a NADBank guarantee is not consid- Finance. ceding sentence, such account shall be sub- ered a Federal guarantee for purposes ject to the taxes imposed by section 511 (re- of determining the tax-exempt status By Mr. THOMAS (for himself and lating to imposition of tax on unrelated business income of charitable organizations). of bonds. Mr. KYL): ‘‘(b) LIFETIME SAVINGS ACCOUNT.—For pur- S. 534 S. 547. A bill to amend the Internal poses of this section, the term ‘Lifetime Sav- At the request of Mr. FEINGOLD, the Revenue Code of 1986 to provide for em- ings Account’ means a trust created or orga- name of the Senator from Washington ployer retirement savings accounts, nized in the United States for the exclusive (Ms. CANTWELL) was added as a cospon- and for other purposes; to the Com- benefit of an individual or his beneficiaries sor of S. 534, a bill to amend the Inter- mittee on Finance. and which is designated (in such manner as nal Revenue Code of 1986 to repeal the Mr. THOMAS. Mr. President, today I the Secretary shall prescribe) at the time of percentage depletion allowance for cer- rise to introduce the Savings Account the establishment of the trust as a Lifetime Savings Account, but only if the written tain hardrock mines, and for other pur- Vehicle Enhancement, or ‘‘SAVE,’’ ini- governing instrument creating the trust poses. tiative, comprised of three separate meets the following requirements: S. 539 bills to create, respectively, Lifetime ‘‘(1) Except in the case of a qualified roll- At the request of Mr. MARTINEZ, the Savings Accounts, Retirement Savings over contribution described in subsection names of the Senator from Oklahoma Accounts, and Employer Retirement (d)— (Mr. COBURN), the Senator from Okla- Savings Accounts. ‘‘(A) no contribution will be accepted un- homa (Mr. INHOFE), the Senator from Much attention has been focused less it is in cash, and ‘‘(B) contributions will not be accepted for Pennsylvania (Mr. SANTORUM) and the lately on the retirement security of Americans, but the focus thus far has the calendar year in excess of the contribu- Senator from Kansas (Mr. BROWNBACK) tion limit specified in subsection (c)(1). were added as cosponsors of S. 539, a centered primarily on Social Security. ‘‘(2) The trustee is a bank (as defined in bill to amend title 28, United States It is imperative that we remember that section 408(n)) or another person who dem- Code, to provide the protections of ha- Social Security was never intended as onstrates to the satisfaction of the Secretary beas corpus for certain incapacitated a primary income source for retirees, that the manner in which that person will individuals whose life is in jeopardy, but rather as a safety net and a supple- administer the trust will be consistent with and for other purposes. ment to private savings. The bills I in- the requirements of this section or who has so demonstrated with respect to any indi- S. RES. 40 troduce today focus on private savings, for both pre-retirement expenses and vidual retirement plan. At the request of Ms. LANDRIEU, the ‘‘(3) No part of the trust assets will be in- name of the Senator from Vermont retirement security. vested in life insurance contracts. (Mr. LEAHY) was added as a cosponsor My reasons for introducing these ‘‘(4) The interest of an individual in the of S. Res. 40, a resolution supporting bills are threefold. First of all, it is imbalance of his account is nonforfeitable. the goals and ideas of National Time portant that we address the appall- ‘‘(5) The assets of the trust shall not be Out Day to promote the adoption of ingly-low personal savings rate in this commingled with other property except in a the Joint Commission on Accreditation country. Personal savings rates in the common trust fund or common investment of Healthcare Organizations’ universal United States since 1960 have reached a fund. protocol for preventing errors in the new low at less than 2 percent. These ‘‘(c) TREATMENT OF CONTRIBUTIONS AND DIS- TRIBUTIONS.— operating room. bills will encourage additional savings ‘‘(1) CONTRIBUTION LIMIT.— AMENDMENT NO. 47 and reduce the temptation for individ- ‘‘(A) IN GENERAL.—The aggregate amount At the request of Mr. SCHUMER, the uals to tap into retirement savings for of contributions (other than qualified roll- name of the Senator from California other, pre-retirement purposes. over contributions described in subsection

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(d)) for any calendar year to all Lifetime (2) EXCESS CONTRIBUTION.—Section 4973 of ‘‘(9) ROLLOVERS TO LIFETIME SAVINGS AC- Savings Accounts maintained for the benefit such Code is amended by adding at the end COUNTS.— of an individual shall not exceed $5,000. the following new subsection: ‘‘(A) IN GENERAL.—Paragraph (1) shall not ‘‘(B) COST-OF-LIVING ADJUSTMENT.— ‘‘(h) EXCESS CONTRIBUTIONS TO LIFETIME apply to the qualified portion of any amount ‘‘(i) IN GENERAL.—In the case of any cal- SAVINGS ACCOUNTS.—For purposes of this paid or distributed from a Coverdell edu- endar year after 2006, the $5,000 amount section— cation savings account to the extent that under subparagraph (A) shall be increased by ‘‘(1) IN GENERAL.—In the case of Lifetime the amount received is paid, before January an amount equal to— Savings Accounts (within the meaning of 1, 2007, and not later than the 60th day after ‘‘(I) such dollar amount, multiplied by section 530A), the term ‘excess contributions’ the date of such payment or distribution, ‘‘(II) the cost-of-living adjustment deter- means the sum of— into a Lifetime Savings Account (within the mined under section 1(f)(3) for the calendar ‘‘(A) the amount by which the amount con- meaning of section 530A) for the benefit of year, determined by substituting ‘calendar tributed for the calendar year to such ac- the same beneficiary. This paragraph shall year 2005’ for ‘calendar year 1992’ in subpara- counts (other than qualified rollover con- only apply to amounts paid or distributed in graph (B) thereof. tributions (as defined in section 530A(d))) ex- accordance with the preceding sentence from ‘‘(ii) ROUNDING RULES.—If any amount after ceeds the contribution limit under section an account which was in existence with re- adjustment under clause (i) is not a multiple 530A(c)(1), and spect to such beneficiary on December 31, of $500, such amount shall be rounded to the ‘‘(B) the amount determined under this 2004. next lower multiple of $500. subsection for the preceding calendar year, ‘‘(B) QUALIFIED PORTION.—For purposes of ‘‘(2) DISTRIBUTIONS.—Any distribution from reduced by the excess (if any) of the max- this paragraph, the term ‘qualified portion’ a Lifetime Savings Account shall not be in- imum amount allowable as a contribution means the amount equal to the sum of— cludible in gross income. under section 530A(c)(1) for the calendar year ‘‘(i) the amount which is in the account of ‘‘(d) QUALIFIED ROLLOVER CONTRIBUTION.— over the amount contributed to the accounts the beneficiary on December 31, 2004, For purposes of this section, the term ‘quali- for the calendar year. ‘‘(ii) any contributions to such account for fied rollover contribution’ means a contribu- ‘‘(2) SPECIAL RULE.—A contribution shall the taxable year beginning after December tion to a Lifetime Savings Account— not be taken into account under paragraph 31, 2004, and before January 1, 2006 and ‘‘(1) from another such account of the same (1) if such contribution (together with the ‘‘(iii) any earnings of such account for such beneficiary, but only if such amount is con- amount of net income attributable to such year. tributed not later than the 60th day after the contribution) is returned to the beneficiary ‘‘(C) LIMITATION.—The sum of the amounts distribution from such other account, before July 1 of the year following the year taken into account under subparagraph ‘‘(2) from a Lifetime Savings Account of a in which the contribution is made.’’. (B)(ii) with respect to all accounts of the spouse of the beneficiary of the account to (c) FAILURE TO PROVIDE REPORTS ON LIFE- beneficiary plus any amounts with respect to which the contribution is made, but only if TIME SAVINGS ACCOUNTS.—Paragraph (2) of such beneficiary taken into account under such amount is contributed not later than section 6693(a) of the Internal Revenue Code section 529(c)(3)(E)(ii)(II) shall not exceed the the 60th day after the distribution from such of 1986 (relating to failure to provide reports sum of $5,000 plus the earnings attributable other account, and on individual retirement accounts or annu- to such amounts.’’. ‘‘(3) before January 1, 2007, from— ities) is amended by striking ‘‘and’’ at the (e) CONFORMING AMENDMENT.—The table of ‘‘(A) a qualified tuition program pursuant end of subparagraph (D), by striking the pe- parts for subchapter F of chapter 1 of the In- to section 529(c)(3)(E), or riod at the end of subparagraph (E) and internal Revenue Code of 1986 is amended by ‘‘(B) a Coverdell education savings account serting ‘‘, and’’, and by adding at the end the adding at the end the following new item: pursuant to section 530(d)(9). following new subparagraph: ‘‘PART IX. LIFETIME SAVINGS ACCOUNTS’’. ‘‘(e) LOSS OF TAXATION EXEMPTION OF AC- ‘‘(F) section 530A(g) (relating to Lifetime COUNT WHERE BENEFICIARY ENGAGES IN PRO- (f) EFFECTIVE DATE.—The amendments Savings Accounts).’’. HIBITED TRANSACTION.—Rules similar to the made by this section shall apply to taxable rules of paragraph (2) of section 408(e) shall (d) ROLLOVERS FROM CERTAIN OTHER TAX- years beginning after December 31, 2005. apply to any Lifetime Savings Account. FREE ACCOUNTS.— S. 546 (1) QUALIFIED STATE TUITION PLANS.—Para- ‘‘(f) CUSTODIAL ACCOUNTS.—For purposes of Be it enacted by the Senate and House of Rep- this section, a custodial account or an annu- graph (3) of section 529(c) of the Internal Revenue Code of 1986 (relating to distribu- resentatives of the United States of America in ity contract issued by an insurance company Congress assembled, qualified to do business in a State shall be tions) is amended by adding at the end the SECTION 1. SHORT TITLE, ETC. treated as a trust under this section if— following new subparagraph: (a) SHORT TITLE.—This Act may be cited as ‘‘(1) the custodial account or annuity con- ‘‘(E) ROLLOVERS TO LIFETIME SAVINGS AC- the ‘‘Retirement Savings Account Act’’. tract would, except for the fact that it is not COUNTS.— (b) AMENDMENT OF 1986 CODE.—Except as a trust, constitute a trust which meets the ‘‘(i) IN GENERAL.—Subparagraph (A) shall otherwise expressly provided, whenever in requirements of subsection (b), and not apply to the qualified portion of any dis- this Act an amendment or repeal is ex- ‘‘(2) in the case of a custodial account, the tribution which, before January 1, 2007, and pressed in terms of an amendment to, or re- assets of such account are held by a bank (as within 60 days of such distribution, is trans- peal of, a section or other provision, the ref- defined in section 408(n)) or another person ferred to a Lifetime Savings Account (within erence shall be considered to be made to a who demonstrates, to the satisfaction of the the meaning of section 530A) of the des- section or other provision of the Internal Secretary, that the manner in which he will ignated beneficiary. This subparagraph shall Revenue Code of 1986. administer the account will be consistent only apply to distributions in accordance with the requirements of this section. with the previous sentence from an account SEC. 2. RETIREMENT SAVINGS ACCOUNTS. (a) IN GENERAL.—Section 408A (relating to For purposes of this title, in the case of a which was in existence with respect to such Roth IRAs) is amended to read as follows: custodial account or annuity contract treat- designated beneficiary on December 31, 2004. ed as a trust by reason of the preceding sen- ‘‘(ii) QUALIFIED PORTION.—For purposes of ‘‘SEC. 408A. RETIREMENT SAVINGS ACCOUNTS. tence, the person holding the assets of such this subparagraph, the term ‘qualified por- ‘‘(a) IN GENERAL.—Except as provided in account or holding such annuity contract tion’ means the amount equal to the sum this section, a retirement savings account shall be treated as the trustee thereof. of— shall be treated for purposes of this title in ‘‘(g) REPORTS.—The trustee of a Lifetime ‘‘(I) the lesser of $50,000 or the amount the same manner as an individual retirement Savings Account shall make such reports re- which is in the account of the designated plan. garding such account to the Secretary and to beneficiary on December 31, 2004, ‘‘(b) RETIREMENT SAVINGS ACCOUNT.—For the beneficiary of the account with respect ‘‘(II) any contributions to such account for purposes of this title, the term ‘retirement to contributions, distributions, and such the taxable year beginning after December savings account’ means an individual retire- other matters as the Secretary may require. 31, 2004, and before January 1, 2006, and ment plan (as defined in section 7701(a)(37)) The reports required by this subsection shall ‘‘(III) any earnings of such account for which— be filed at such time and in such manner and such year. ‘‘(1) is designated (in such manner as the furnished to such individuals at such time ‘‘(iii) LIMITATION.—The sum of the amounts Secretary may prescribe) at the time of es- and in such manner as may be required.’’. taken into account under clause (ii)(II) with tablishment of the plan as a retirement sav- (b) TAX ON EXCESS CONTRIBUTIONS.— respect to all accounts of the designated ben- ings account, and (1) IN GENERAL.—Subsection (a) of section eficiary plus any amounts with respect to ‘‘(2) does not accept any contribution 4973 of the Internal Revenue Code of 1986 (re- such designated beneficiary taken into ac- (other than a qualified rollover contribution) lating to tax on excess contributions to cer- count under section 530(d)(9)(B)(ii) shall not which is not in cash. tain tax-favored accounts and annuities) is exceed the sum of $5,000 plus the earnings at- ‘‘(c) TREATMENT OF CONTRIBUTIONS.— amended by striking ‘‘or’’ at the end of para- tributable to such amounts.’’. ‘‘(1) CONTRIBUTION LIMIT.—Notwithstanding graph (4), by inserting ‘‘or’’ at the end of (2) COVERDELL EDUCATION SAVINGS AC- subsections (a)(1) and (b)(2)(A) of section 408, paragraph (5), and by inserting after para- COUNTS.—Subsection (d) of section 530 of such the aggregate amount of contributions for graph (5) the following new paragraph: Code (relating to tax treatment of distribu- any taxable year to all retirement savings ‘‘(6) a Lifetime Savings Account (as de- tions) is amended by inserting at the end the accounts maintained for the benefit of an in- fined in section 530A),’’. following new paragraph: dividual shall not exceed the lesser of—

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‘‘(A) $5,000, or ‘‘(E) SPECIAL RULES FOR CONTRIBUTIONS TO for ‘calendar year 1992’ in subparagraph (B) ‘‘(B) the amount of compensation includ- WHICH A 4-YEAR AVERAGING APPLIES.—In the thereof. ible in the individual’s gross income for such case of a qualified rollover contribution to ‘‘(B) ROUNDING RULES.—If any amount after taxable year. which subparagraph (A)(iii) applied, the fol- adjustment under subparagraph (A) is not a ‘‘(2) SPECIAL RULE FOR CERTAIN MARRIED IN- lowing rules shall apply: multiple of $500, such amount shall be round- DIVIDUALS.—In the case of any individual ‘‘(i) ACCELERATION OF INCLUSION.— ed to the next lower multiple of $500. who files a joint return for the taxable year, ‘‘(I) IN GENERAL.—The amount required to ‘‘(d) DISTRIBUTION RULES.—For purposes of the amount taken into account under para- be included in gross income for each of the this title— graph (1)(B) shall be increased by the excess first 3 taxable years in the 4-year period ‘‘(1) EXCLUSION.—Any qualified distribu- (if any) of— under subparagraph (A)(iii) shall be in- tion from a retirement savings account shall ‘‘(A) the compensation includible in the creased by the aggregate distributions from not be includible in gross income. gross income of such individual’s spouse for retirement savings accounts for such taxable ‘‘(2) QUALIFIED DISTRIBUTION.—For purposes the taxable year, over year which are allocable under subsection of this subsection— ‘‘(B) the aggregate amount of contribu- (d)(3) to the portion of such qualified roll- ‘‘(A) IN GENERAL.—The term ‘qualified dis- tions for the taxable year to all retirement over contribution required to be included in tribution’ means any payment or distribu- savings accounts maintained for the benefit gross income under subparagraph (A)(i). tion— of such spouse. ‘‘(II) LIMITATION ON AGGREGATE AMOUNT IN- ‘‘(i) made on or after the date on which the ‘‘(3) CONTRIBUTIONS PERMITTED AFTER AGE CLUDED.—The amount required to be in- individual attains age 58, 701⁄2.—Contributions to a retirement savings cluded in gross income for any taxable year ‘‘(ii) made to a beneficiary (or to the estate account may be made even after the indi- under subparagraph (A)(iii) shall not exceed of the individual) on or after the death of the vidual for whom the account is maintained the aggregate amount required to be in- individual, has attained age 701⁄2. cluded in gross income under subparagraph ‘‘(iii) attributable to the individual’s being ‘‘(4) MANDATORY DISTRIBUTION RULES NOT TO (A)(iii) for all taxable years in the 4-year pe- disabled (within the meaning of section APPLY BEFORE DEATH.—Notwithstanding sub- riod (without regard to subclause (I)) reduced 72(m)(7)), or sections (a)(6) and (b)(3) of section 408 (relat- by amounts included for all preceding tax- ‘‘(iv) to which section 72(t)(2)(F) applies (if ing to required distributions), the following able years. such payment or distribution is made before January 1, 2009). provisions shall not apply to any retirement ‘‘(ii) DEATH OF DISTRIBUTEE.— ‘‘(B) DISTRIBUTIONS OF EXCESS CONTRIBU- savings account: ‘‘(I) IN GENERAL.—If the individual required TIONS AND EARNINGS.—The term ‘qualified ‘‘(A) Section 401(a)(9)(A). to include amounts in gross income under distribution’ shall not include any distribu- ‘‘(B) The incidental death benefit require- such subparagraph dies before all of such tion of any contribution described in section ments of section 401(a). amounts are included, all remaining 408(d)(4) and any net income allocable to the ‘‘(5) ROLLOVER CONTRIBUTIONS.— amounts shall be included in gross income contribution. ‘‘(A) IN GENERAL.—No rollover contribution for the taxable year which includes the date ‘‘(3) ORDERING RULES.—For purposes of ap- may be made to a retirement savings ac- of death. count unless it is a qualified rollover con- plying this section and section 72 to any dis- ‘‘(II) SPECIAL RULE FOR SURVIVING tribution. tribution from a retirement savings account, SPOUSE.—If the spouse of the individual de- ‘‘(B) COORDINATION WITH LIMIT.—A qualified such distribution shall be treated as made— scribed in subclause (I) acquires the individ- rollover contribution shall not be taken into ‘‘(A) from contributions to the extent that ual’s entire interest in any retirement sav- account for purposes of paragraph (1). the amount of such distribution, when added ings account to which such qualified rollover ‘‘(6) ROLLOVERS FROM PLANS WITH TAXABLE to all previous distributions from the retire- contribution is properly allocable, the spouse DISTRIBUTIONS.— ment savings account, does not exceed the may elect to treat the remaining amounts ‘‘(A) IN GENERAL.—Notwithstanding sec- aggregate contributions to the retirement described in subclause (I) as includible in the tions 402(c), 403(a)(4), 403(b)(8), 408(d)(3), and savings account, and spouse’s gross income in the taxable years of 457(e)(16), in the case of any contribution to ‘‘(B) from such contributions in the fol- the spouse ending with or within the taxable which this paragraph applies— lowing order: ‘‘(i) there shall be included in gross income years of such individual in which such ‘‘(i) Contributions other than qualified any amount which would be includible were amounts would otherwise have been includ- rollover contributions with respect to which it not part of a qualified rollover contribu- ible. Any such election may not be made or an amount is includible in gross income tion, changed after the due date (including exten- under subsection (c)(6)(A)(i). ‘‘(ii) section 72(t) shall not apply, and sions of time) for filing the spouse’s return ‘‘(ii) Qualified rollover contributions with ‘‘(iii) unless the taxpayer elects not to for the taxable year which includes the date respect to which an amount is includible in have this clause apply for any taxable year, of death. gross income under subsection (c)(6)(A)(i) on any amount required to be included in gross ‘‘(F) 5-YEAR HOLDING PERIOD RULES.—If— a first-in, first-out basis. ‘‘(i) any portion of a distribution from a re- income for such taxable year by reason of Any distribution allocated to a qualified tirement savings account is properly allo- this paragraph for any contribution before rollover contribution under subparagraph cable to a qualified rollover contribution January 1, 2007, shall be so included ratably (B)(ii) shall be allocated first to the portion with respect to which an amount is includ- over the 4-taxable year period beginning of such contribution required to be included ible in gross income under subparagraph with such taxable year. in gross income. (A)(i), Any election under clause (iii) for any con- ‘‘(4) AGGREGATION RULES.—Section 408(d)(2) ‘‘(ii) such distribution is made during the tributions during a taxable year may not be shall be applied separately with respect to 5-taxable year period beginning with the tax- changed after the due date (including exten- retirement savings accounts and other indi- able year for which such contribution was sions of time) for filing the taxpayer’s return vidual retirement plans. made, and for such taxable year. ‘‘(e) QUALIFIED ROLLOVER CONTRIBUTION.— ‘‘(iii) such distribution is not described in ‘‘(B) CONTRIBUTIONS TO WHICH PARAGRAPH ‘‘(1) IN GENERAL.—For purposes of this sec- clause (i), (ii), or (iii) of subsection (d)(2)(A), APPLIES.—This paragraph shall apply to any tion, the term ‘qualified rollover contribu- qualified rollover contribution to a retire- then section 72(t) shall be applied as if such tion’ means— ment savings account (other than a rollover portion were includible in gross income. ‘‘(A) a rollover contribution to a retire- contribution from another such account). ‘‘(7) TIME WHEN CONTRIBUTIONS MADE.—For ment savings account of an individual from ‘‘(C) CONVERSIONS OF IRAS.—The conversion purposes of this section, a taxpayer shall be another such account of such individual or of an individual retirement plan (other than deemed to have made a contribution to a re- such individual’s spouse, or from an indi- a retirement savings account) to a retire- tirement savings account on the last day of vidual retirement plan of such individual, ment savings account shall be treated for the preceding taxable year if the contribu- but only if such rollover contribution meets purposes of this paragraph as a contribution tion is made on account of such taxable year the requirements of section 408(d)(3), and to which this paragraph applies. and is made not later than the time pre- ‘‘(B) a rollover contribution described in ‘‘(D) ADDITIONAL REPORTING REQUIRE- scribed by law for filing the return for such section 402(c), 402A(c)(3)(A), 403(a)(4), MENTS.—Trustees and plan administrators of taxable year (not including extensions there- 403(b)(8), or 457(e)(16). eligible retirement plans (as defined in sec- of). ‘‘(2) COORDINATION WITH LIMITATION ON IRA tion 402(c)(8)(B)) and retirement savings ac- ‘‘(8) COST-OF-LIVING ADJUSTMENT.— ROLLOVERS.—For purposes of section counts shall report such information as the ‘‘(A) IN GENERAL.—In the case of any tax- 408(d)(3)(B), there shall be disregarded any Secretary may require to ensure that able year beginning in a calendar year after qualified rollover contribution from an indi- amounts required to be included in gross in- 2006, the $5,000 amount under paragraph vidual retirement plan (other than a retire- come under subparagraph (A) are so in- (1)(A) shall be increased by an amount equal ment savings account) to a retirement sav- cluded. Such reports shall be made at such to— ings account. time and in such form and manner as the ‘‘(i) such dollar amount, multiplied by ‘‘(f) INDIVIDUAL RETIREMENT PLAN.—For Secretary may require. The Secretary may ‘‘(ii) the cost-of-living adjustment deter- purposes of this section— provide that such information be included as mined under section 1(f)(3) for the calendar ‘‘(1) a simplified employee pension or a additional information in reports required year in which the taxable year begins, deter- simple retirement account may not be des- under section 408(i) or 6047. mined by substituting ‘calendar year 2005’ ignated as a retirement savings account, and

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2249 ‘‘(2) contributions to any such pension or ‘‘SEC. 219. CONTRIBUTIONS TO CERTAIN RETIRE- ‘‘Sec. 219. Contributions to certain re- account shall not be taken into account for MENT PLANS ALLOWING ONLY EM- tirement plans allowing only purposes of subsection (c)(1). PLOYEE CONTRIBUTIONS. employee contributions.’’. ‘‘(a) ALLOWANCE OF DEDUCTION.—In the ‘‘(g) COMPENSATION.—For purposes of this (2)(A) Section 408(d)(4)(B) is amended to section, the term ‘compensation’ includes case of an individual, there shall be allowed as a deduction the amount contributed on read as follows: earned income (as defined in section ‘‘(B) no amount is excludable from gross 401(c)(2)). Such term does not include any behalf of such individual to a plan described in section 501(c)(18). income under subsection (h) or (k) of section amount received as a pension or annuity and 402 with respect to such contribution, and’’. does not include any amount received as de- ‘‘(b) MAXIMUM AMOUNT OF DEDUCTION.—The amount allowable as a deduction under sub- (B) Section 408(d)(5)(A) is amended to read ferred compensation. Such term shall in- as follows: clude any amount includible in the individ- section (a) to any individual for any taxable year shall not exceed the lesser of— ‘‘(A) IN GENERAL.—In the case of any indi- ual’s gross income under section 71 with re- vidual, if the aggregate contributions (other spect to a divorce or separation instrument ‘‘(1) $7,000, or ‘‘(2) an amount equal to 25 percent of the than rollover contributions) paid for any described in section 71(b)(2)(A). For purposes taxable year to an individual retirement ac- of this subsection, section 401(c)(2) shall be compensation (as defined in section 415(c)(3)) includible in the individual’s gross income count or for an individual retirement annu- applied as if the term trade or business for ity do not exceed the dollar amount in effect purposes of section 1402 included service de- for such taxable year. ‘‘(c) BENEFICIARY MUST BE UNDER AGE under subsection (a)(1) or (b)(2)(C), as the scribed in section 1402(c)(6).’’. 701⁄2.—No deduction shall be allowed under case may be, paragraph (1) shall not apply to (b) ROTH IRAS TREATED AS RETIREMENT this section with respect to any contribution the distribution of any such contribution to SAVINGS ACCOUNTS.—In the case of any tax- on behalf of an individual if such individual the extent that such contribution exceeds able year beginning after December 31, 2005, has attained age 701⁄2 before the close of such the amount which is excludable from gross any Roth IRA (as defined in section 408A(b) individual’s taxable year for which the con- income under subsection (h) or (k) of section of the Internal Revenue Code of 1986, as in ef- tribution was made. 402, as the case may be, for the taxable year fect on the day before the date of the enact- ‘‘(d) SPECIAL RULES.— for which the contribution was paid— ment of this Act) shall be treated for pur- ‘‘(1) MARRIED INDIVIDUALS.—The maximum ‘‘(i) if such distribution is received after poses of such Code as having been designated deduction under subsection (b) shall be com- the date described in paragraph (4), at the time of the establishment of the plan puted separately for each individual, and ‘‘(ii) but only to the extent that such ex- as a retirement savings account under sec- this section shall be applied without regard cess contribution has not been excluded from tion 408A(b) of such Code (as amended by this to any community property laws. gross income under subsection (h) or (k) of section). ‘‘(2) REPORTS.—The Secretary shall pre- section 402.’’. (c) CONTRIBUTIONS TO OTHER INDIVIDUAL scribe regulations which prescribe the time (C) Section 408(d)(5) is amended by striking RETIREMENT PLANS PROHIBITED.— and the manner in which reports to the Sec- the last sentence. (1) INDIVIDUAL RETIREMENT ACCOUNTS.— retary and plan participants shall be made (D) Section 408(d)(7) is amended to read as Paragraph (1) of section 408(a) is amended to by the plan administrator of a qualified em- follows: read as follows: ployer or government plan receiving quali- ‘‘(7) CERTAIN TRANSFERS FROM SIMPLIFIED ‘‘(1) Except in the case of a simplified em- fied voluntary employee contributions. EMPLOYEE PENSIONS PROHIBITED UNTIL DEFER- ployee pension, a simple retirement account, ‘‘(e) CROSS REFERENCE.—For failure to pro- RAL TEST MET.—Notwithstanding any other or a rollover contribution described in sub- vide required reports, see section 6652(g).’’. provision of this subsection or section 72(t), section (d)(3) or in section 402(c), 403(a)(4), (B) Section 25B(d) is amended— paragraph (1) and section 72(t)(1) shall apply 403(b)(8), or 457(e)(16), no contribution will be (i) in paragraph (1)(A), by striking ‘‘(as de- to the transfer or distribution from a sim- accepted on behalf of any individual for any fined in section 219(e))’’, and plified employee pension of any contribution taxable year beginning after December 31, (ii) by adding at the end the following new under a salary reduction arrangement de- 2005. In the case of any simplified employee paragraph: scribed in subsection (k)(6) (or any income pension or simple retirement account, no ‘‘(3) QUALIFIED RETIREMENT CONTRIBU- allocable thereto) before a determination as contribution will be accepted unless it is in TION.—The term ‘qualified retirement con- to whether the requirements of subsection cash and contributions will not be accepted tribution’ means— (k)(6)(A)(iii) are met with respect to such for the taxable year on behalf of any indi- ‘‘(A) any amount paid in cash for the tax- contribution.’’. vidual in excess of— able year by or on behalf of an individual to (E) Section 408 is amended by striking sub- ‘‘(A) in the case of a simplified employee an individual retirement plan for such indi- section (j). pension, the amount of the limitation in ef- vidual’s benefit, and (F)(i) Section 408 is amended by striking fect under section 415(c)(1)(A), and ‘‘(B) any amount contributed on behalf of subsection (o). ‘‘(B) in the case of a simple retirement ac- any individual to a plan described in section (ii) Section 6693 is amended by striking count, the sum of the dollar amount in effect 501(c)(18).’’. subsection (b) and by redesignating sub- under subsection (p)(2)(A)(ii) and the em- (C) Section 86(f)(3) is amended by striking sections (c) and (d) as subsections (b) and (c), ployer contribution required under subpara- ‘‘section 219(f)(1)’’ and inserting ‘‘section respectively. graph (A)(iii) or (B)(i) of subsection (p)(2).’’. 408A(g)’’. (G) Section 408(p) is amended by striking (2) INDIVIDUAL RETIREMENT ANNUITIES.— (D) Section 132(m)(3) is amended by insert- paragraph (8) and by redesignating para- Paragraph (2) of section 408(b) is amended— ing ‘‘(as in effect on the day before the date graphs (9) and (10) as paragraphs (8) and (9), (A) by redesignating subparagraphs (A), of the enactment of the Retirement Savings respectively. (B), and (C) as subparagraphs (B), (C), and Account Act)’’ after ‘‘section 219(g)(5)’’. (3)(A) Section 4973(a)(1) is amended to read (D), respectively, and by inserting before (E) Subparagraphs (A), (B), and (C) of sec- as follows: subparagraph (B), as so redesignated, the fol- tion 220(d)(4) are each amended by inserting ‘‘(1) an individual retirement plan,’’. lowing new subparagraph: ‘‘, as in effect on the day before the date of (B) Section 4973(b) is amended to read as ‘‘(A) except in the case of a simplified em- the enactment of the Retirement Savings follows: ployee pension, a simple retirement account, Account Act’’ at the end. ‘‘(b) EXCESS CONTRIBUTIONS TO SIMPLIFIED or a rollover contribution described in sub- (F) Section 408(b) is amended in the last EMPLOYEE PENSIONS AND SIMPLE RETIREMENT section (d)(3) or in section 402(c), 403(a)(4), sentence by striking ‘‘section 219(b)(1)(A)’’ ACCOUNTS.—For purposes of this section, in 403(b)(8), or 457(e)(16), a premium shall not be and inserting ‘‘paragraph (2)(C)’’. the case of simplified employee pensions or accepted on behalf of any individual for any (G) Section 408(p)(2)(D)(ii) is amended by simple retirement accounts, the term ‘excess taxable year beginning after December 31, inserting ‘‘(as in effect on the day before the contributions’ means the sum of— 2005,’’, and date of the enactment of the Retirement ‘‘(1) the excess (if any) of— (B) by amending subparagraph (C), as re- Savings Account Act)’’ after ‘‘section ‘‘(A) the amount contributed for the tax- designated by subparagraph (A), to read as 219(g)(5)’’. able year to the pension or account, over follows: (H) Section 409A(d)(2) is amended by insert- ‘‘(B) the amount applicable to the pension ‘‘(C) the annual premium on behalf of any ing ‘‘(as in effect on the day before the date or account under subsection (a)(1) or (b)(2) of individual will not exceed— of the enactment of the Retirement Savings section 408, and ‘‘(i) in the case of a simplified employee Account Act)’’ after ‘‘subparagraph ‘‘(2) the amount determined under this sub- pension, the amount of the limitation in ef- (A)(iii))’’. section for the preceding taxable year, re- fect under section 415(c)(1)(A), and (I) Section 501(c)(18)(D)(i) is amended by duced by the sum of— ‘‘(ii) in the case of a simple retirement ac- striking ‘‘section 219(b)(3)’’ and inserting ‘‘(A) the distributions out of the account count, the sum of the dollar amount in effect ‘‘section 219(b)’’. for the taxable year which were included in under subsection (p)(2)(A)(ii) and the em- (J) Section 6652(g) is amended by striking the gross income of the payee under section ployer contribution required under subpara- ‘‘section 219(f)(4)’’ and inserting ‘‘section 408(d)(1), graph (A)(iii) or (B)(i) of subsection (p)(2), 219(d)(2)’’. ‘‘(B) the distributions out of the account and’’. (K) The table of sections for part VII of for the taxable year to which section (d) CONFORMING AMENDMENTS.— subchapter B of chapter 1 is amended by 408(d)(5) applies, and (1)(A) Section 219 is amended to read as fol- striking the item relating to section 219 and ‘‘(C) the excess (if any) of the maximum lows: inserting the following new item: amount excludable from gross income for the

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taxable year under subsection (h) or (k) of ‘‘(i) severance from employment, death, or ‘‘(iii) RATE FOR HIGHLY COMPENSATED EM- section 402 over the amount contributed to disability, PLOYEES.—The requirements of this subpara- the pension or account for the taxable year. ‘‘(ii) an event described in subsection (g), graph are not met if, under the arrangement, For purposes of this subsection, any con- ‘‘(iii) the attainment of age 591⁄2, or the rate of matching contribution with retribution which is distributed from a sim- ‘‘(iv) upon hardship of the employee, and spect to any elective deferral of a highly plified employee pension or simple retire- ‘‘(B) will not be distributable merely by compensated employee at any rate of elec- ment account in a distribution to which sec- reason of the completion of a stated period of tive deferral is greater than that with re- tion 408(d)(4) applies shall be treated as an participation or the lapse of a fixed number spect to an employee who is not a highly amount not contributed.’’. of years, compensated employee. (C) Section 4973 is amended by adding at ‘‘(3) which provides that an employee’s ‘‘(D) NOTICE REQUIREMENT.—An arrange- the end the following new subsection: right to the employee’s accrued benefit de- ment meets the requirements of this sub- ‘‘(h) EXCESS CONTRIBUTIONS TO CERTAIN IN- rived from employer contributions made to paragraph if, under the arrangement, each DIVIDUAL RETIREMENT PLANS.—For purposes the trust pursuant to the employee’s elec- employee eligible to participate is, within a of this section, in the case of individual re- tion is nonforfeitable, and reasonable period before any year, given tirement plans (other than retirement sav- ‘‘(4) which does not require, as a condition written notice of the employee’s rights and ings accounts, simplified employee pensions, of participation in the arrangement, that an obligations under the arrangement which— and simple retirement accounts), the term employee complete a period of service with ‘‘(i) is sufficiently accurate and com- ‘excess contribution’ means the sum of— the employer (or employers) maintaining the prehensive to apprise the employee of such ‘‘(1) the aggregate amount contributed for plan extending beyond the period permitted rights and obligations, and the taxable year to the individual retirement under section 410(a)(1) (determined without ‘‘(ii) is written in a manner calculated to plans, and regard to subparagraph (B)(i) thereof). be understood by the average employee eligi- ‘‘(2) the amount determined under this sub- ‘‘(c) APPLICATION OF NONDISCRIMINATION ble to participate. section for the preceding taxable year, re- STANDARDS.— ‘‘(E) OTHER REQUIREMENTS.— ‘‘(1) CONTRIBUTION PERCENTAGE REQUIRE- duced by the sum of— ‘‘(i) WITHDRAWAL AND VESTING RESTRIC- MENT.—An arrangement shall not be treated ‘‘(A) the distributions out of the plans TIONS.—An arrangement shall not be treated as an employer retirement savings account which were included in gross income under as meeting the requirements of subparagraph arrangement for any plan year unless— section 408(d)(1), and (B) unless the requirements of paragraphs (2) ‘‘(A) the contribution percentage for eligi- ‘‘(B) the distributions out of the plans for and (3) of subsection (b) are met with respect ble highly compensated employees for the the taxable year to which section 408(d)(5) to all employer contributions (including plan year does not exceed 200 percent of such applies. matching contributions) taken into account percentage for all other eligible employees in determining whether the requirements of For purposes of this subsection, any con- for the preceding plan year, or subparagraph (B) are met. tribution which is distributed from the plan ‘‘(B) the contribution percentage of non- ‘‘(ii) SOCIAL SECURITY AND SIMILAR CON- in a distribution to which section 408(d)(4) highly compensated employees for the pre- TRIBUTIONS NOT TAKEN INTO ACCOUNT.—An ar- applies shall be treated as an amount not ceding plan year exceeded 6 percent. rangement shall not be treated as meeting contributed.’’. ‘‘(2) ALTERNATIVE METHODS OF MEETING the requirements of subparagraph (B) unless (4)(A) Sections 402(c)(8)(B), NONDISCRIMINATION REQUIREMENTS.— such requirements are met without regard to 402A(c)(3)(A)(ii), 1361(c)(2)(A), 3405(e)(1)(B), ‘‘(A) IN GENERAL.—An arrangement shall be section 401(l), and, for purposes of section and 4973(f) are each amended by striking treated as meeting the requirements of para- 401(l), employer contributions under subpara- ‘‘Roth IRA’’ each place it appears and insert- graph (1)(A) if such arrangement— graph (B) shall not be taken into account. ing ‘‘retirement savings account’’. ‘‘(i) meets the contribution requirements ‘‘(F) OTHER PLANS.—An arrangement shall (B) Section 4973(f)(1)(A) is amended by of subparagraph (B), and be treated as meeting the requirements of striking ‘‘Roth IRAs’’ and inserting ‘‘retire- ‘‘(ii) meets the notice requirements of sub- subparagraph (B) if any other plan main- ment savings accounts’’. paragraph (D). tained by the employer meets such require- (C) Paragraphs (1)(B) and (2)(B) of section ‘‘(B) CONTRIBUTION REQUIREMENT.—The re- ments with respect to employees eligible 4973(f) are each amended by striking ‘‘sec- quirements of this subparagraph are met if, under the arrangement. tions 408A(c)(2) and (c)(3)’’ and inserting under the arrangement, the employer is re- ‘‘(3) CONTRIBUTION PERCENTAGE.—For pur- ‘‘section 408A(c)(1)’’. quired to make contributions to a defined poses of paragraph (1), the contribution per- (D) Subsection (f) of section 4973 is amend- contribution plan on behalf of each eligible centage for an eligible employee for a speci- ed in the heading by striking ‘‘ROTH IRAS’’ employee who is not a highly compensated fied group of employees for a plan year shall and inserting ‘‘RETIREMENT SAVINGS AC- employee in an amount equal to at least 3 be the average of the ratios (calculated sepa- COUNTS’’. percent of the employee’s compensation. For rately for each employee in such group) of— (e) EFFECTIVE DATE.—The amendments purposes of this subparagraph, elective defer- ‘‘(A) the sum of the elective deferrals, made by this section shall apply to taxable rals and employee contributions shall not be matching contributions, employee contribu- years beginning after December 31, 2005. taken into account in determining the tions, and qualified nonelective contribu- S. 547 amount of contributions the employer makes tions paid under the plan on behalf of each Be it enacted by the Senate and House of Rep- to the plan. such employee for such plan year, to resentatives of the United States of America in ‘‘(C) SPECIAL RULES FOR MATCHING CON- ‘‘(B) the employee’s compensation for such Congress assembled, TRIBUTIONS.— plan year. SECTION 1. EMPLOYER RETIREMENT SAVINGS ‘‘(i) IN GENERAL.—If an employer takes ‘‘(4) SPECIAL RULES.—For purposes of this ACCOUNTS. matching contributions into account for pur- subsection— (a) IN GENERAL.—Subpart A of part 1 of poses of subparagraph (B), the requirements ‘‘(A) MULTIPLE ARRANGEMENTS.—If 2 or subchapter D of chapter 1 of the Internal of such subparagraph shall be treated as met more plans which include employer retire- Revenue Code of 1986 is amended by inserting only if the matching contributions on behalf ment savings account arrangements are con- after section 401 the following new section: of each employee who is not a highly com- sidered as 1 plan for purposes of section ‘‘SEC. 401A. EMPLOYER RETIREMENT SAVINGS pensated employee are equal to 50 percent of 401(a)(4) or 410(b), all such arrangements in- ACCOUNTS. the elective deferrals of the employee to the cluded in such plans shall be treated as 1 ar- ‘‘(a) IN GENERAL.—A defined contribution extent that such elective deferrals do not ex- rangement. plan shall not fail to meet the requirements ceed 6 percent of the employee’s compensa- ‘‘(B) EMPLOYEES IN MORE THAN 1 ARRANGE- of section 401(a) merely because the plan in- tion. MENT.—If any highly compensated employee cludes an employer retirement savings ac- ‘‘(ii) ALTERNATIVE PLAN DESIGNS.—If the is a participant under 2 or more employer recount arrangement. rate of any matching contribution with retirement savings account arrangements of ‘‘(b) EMPLOYER RETIREMENT SAVINGS AC- spect to any rate of elective deferral is not the employer, for purposes of determining COUNT ARRANGEMENT.—An employer retire- equal to the percentage required under the contribution percentage with respect to ment savings account arrangement is any ar- clause (i), an arrangement shall not be treat- such employee, all such arrangements shall rangement which is part of a plan which ed as failing to meet the requirements of be treated as 1 arrangement. meets the requirements of section 401(a)— clause (i) if— ‘‘(C) USE OF CURRENT YEAR.—An employer ‘‘(1) under which a covered employee may ‘‘(I) the rate of an employer’s matching may elect to apply paragraph (1) (A) or (B) elect to have the employer make payments contribution does not increase as an employ- by using the plan year rather than the pre- as contributions to a trust under the plan on ee’s rate of elective contributions increases, ceding plan year. An employer may change behalf of the employee, or to the employee and such an election only with the consent of the directly in cash, ‘‘(II) the aggregate amount of matching Secretary. ‘‘(2) under which amounts held by the trust contributions at such rate of elective con- ‘‘(D) 1ST PLAN YEAR.—In the case of the which are attributable to employer contribu- tribution is at least equal to the aggregate first plan year of any plan (other than a suc- tions made pursuant to the employee’s elec- amount of matching contributions which cessor plan), the amount taken into account tion— would be made if matching contributions as the contribution percentage of nonhighly ‘‘(A) may not be distributable to partici- were made on the basis of the percentages compensated employees for the preceding pants or other beneficiaries earlier than— described in clause (i). plan year shall be—

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‘‘(i) 3 percent, or ‘‘(e) DEFINITIONS.—For purposes of this sec- tribution to which the matching contribu- ‘‘(ii) if the employer makes an election tion— tion relates is treated as an excess contribu- under this clause, the contribution percent- ‘‘(1) ELIGIBLE EMPLOYEE.—The term ‘eligi- tion under paragraph (2) or an excess deferral age of nonhighly compensated employees de- ble employee’ means any employee who is el- under section 402(g)(2)(A). termined for such first plan year. igible to benefit under the employer retire- ‘‘(6) CROSS REFERENCE.—For excise tax on ‘‘(E) SPECIAL RULE FOR EARLY PARTICIPA- ment savings account arrangement. certain excess contributions, see section TION.—If an employer elects to apply section ‘‘(2) HIGHLY COMPENSATED EMPLOYEE.—For 4979. 410(b)(4)(B) in determining whether an em- purposes of this subsection, the term ‘highly ‘‘(g) DISTRIBUTIONS UPON TERMINATION OF ployer retirement savings account arrange- compensated employee’ has the meaning PLAN.— ment meets the requirements of section given such term by section 414(q). ‘‘(1) IN GENERAL.—An event described in 410(b)(1), the employer may, in determining ‘‘(3) MATCHING CONTRIBUTION.—The term this subsection is the termination of the whether the arrangement meets the require- ‘matching contribution’ means— plan without establishment or maintenance ments of this subsection, exclude from con- ‘‘(A) any employer contribution made to a of another defined contribution plan (other sideration all eligible employees (other than defined contribution plan on behalf of an em- than an employee stock ownership plan as highly compensated employees) who have ployee on account of an employee contribu- defined in section 4975(e)(7)). not met the minimum age and service re- tion made by such employee, and ‘‘(2) DISTRIBUTIONS MUST BE LUMP SUM DIS- quirements of section 410(a)(1)(A). ‘‘(B) any employer contribution made to a TRIBUTIONS.— ‘‘(5) EXCEPTIONS.— defined contribution plan on behalf of an em- ‘‘(A) IN GENERAL.—A termination shall not ‘‘(A) GOVERNMENTAL PLANS.—A govern- ployee on account of an employee’s elective be treated as described in paragraph (1) with mental plan (within the meaning of section deferral. respect to any employee unless the employee 414(d)) maintained by a State or local gov- ‘‘(4) ELECTIVE DEFERRAL.—The term ‘elec- receives a lump sum distribution by reason ernment or political subdivision thereof (or tive deferral’ means any employer contribu- of the termination. agency or instrumentality thereof) shall be tion described in section 402(g)(3). ‘‘(B) LUMP-SUM DISTRIBUTION.—For pur- treated as meeting the requirements of this ‘‘(5) QUALIFIED NONELECTIVE CONTRIBU- poses of this paragraph, the term ‘lump-sum subsection. TIONS.—The term ‘qualified nonelective con- distribution’ has the meaning given such ‘‘(B) TAX EXEMPT PLANS.— tribution’ means any employer contribution term by section 402(e)(4)(D) (without regard ‘‘(i) IN GENERAL.—A plan not described in (other than a matching contribution) with to subclauses (I), (II), (III), and (IV) of clause subparagraph (A) which is maintained by an respect to which— (i) thereof). Such term includes a distribu- organization described in section 501(c)(3) ‘‘(A) the employee may not elect to have tion of an annuity contract from— shall be treated as meeting the requirements the contribution paid to the employee in ‘‘(i) a trust which forms a part of a plan de- of this subsection for any plan year if the cash instead of being contributed to the scribed in section 401(a) and which is exempt plan provides that all employees of such or- plan, and from tax under section 501(a), or ganization may elect to have the employer ‘‘(B) the requirements of paragraphs (2) ‘‘(ii) an annuity plan described in section make contributions of more than $200 pursu- and (3) of subsection (b) are met. ant to a salary reduction agreement if any 403(a). ‘‘(6) COMPENSATION.—The term ‘compensa- employee of the organization may elect to tion’ has the meaning given such term by ‘‘(h) SPECIAL RULES FOR SMALL EMPLOY- have the organization make contributions section 414(s). ERS.— pursuant to such agreement. ‘‘(f) ARRANGEMENT NOT DISQUALIFIED IF EX- ‘‘(1) IN GENERAL.—An arrangement main- ‘‘(ii) EXCEPTION.—Clause (i) shall not apply CESS CONTRIBUTIONS DISTRIBUTED.— tained by an eligible employer shall not fail to any plan if under the plan— ‘‘(1) IN GENERAL.—An employer retirement to meet the requirements of this section ‘‘(I) matching contributions may be made savings account arrangement shall not be merely because contributions under the ar- on behalf of any employee, or treated as failing to meet the requirements rangement on behalf of any employee are ‘‘(II) an employee may make contributions of subsection (c)(1)(A) for any plan year if, made to an individual retirement plan (as other than elective deferrals. before the close of the following plan year— defined under section 7701(a)(37)) established ‘‘(iii) EXCLUSION.—For purposes of clause on behalf of the employee. (i), there may be excluded any employee who ‘‘(A) the amount of the excess contribu- ‘‘(2) ELIGIBLE EMPLOYER.—For purposes of is— tions for such plan year (and any income al- paragraph (1), the term ‘eligible employer’ ‘‘(I) a participant in another employer re- locable to such contributions) is distributed, means, with respect to any year, an em- tirement savings account arrangement of the or ployer which had no more than 10 employees organization, ‘‘(B) to the extent provided in regulations, who received at least $5,000 of compensation ‘‘(II) a nonresident alien described in sec- the employee elects to treat the amount of from the employer for the preceding year. An tion 410(b)(3)(C), or the excess contributions as an amount dis- eligible employer who establishes and main- ‘‘(III) subject to the conditions applicable tributed to the employee and then contrib- tains an arrangement under this subsection under section 410(b)(4), a student performing uted by the employee to the plan. for 1 or more years and who fails to be an eli- services described in section 3121(b)(10) or an Any distribution of excess contributions (and gible employer for any subsequent year shall employee who normally works less than 20 income) may be made without regard to any be treated as an eligible employer for the 2 hours per week. other provision of law. years following the last year the employer ‘‘(6) COORDINATION WITH SUBSECTION (a)(4).— ‘‘(2) EXCESS CONTRIBUTIONS.—For purposes was an eligible employer. If such failure is A cash or deferred arrangement shall be of paragraph (1), the term ‘excess contribu- due to any acquisition, disposition, or simi- treated as meeting the requirements of sub- tions’ means, with respect to any plan year, lar transaction involving an eligible em- section (a)(4) with respect to contributions if the excess of— ployer, the preceding sentence shall not the requirements of paragraph (1) are met. ‘‘(A) the aggregate amount of employer ‘‘(d) OTHER REQUIREMENTS.—For purposes contributions actually paid over to the trust apply. of this section— on behalf of highly compensated employees ‘‘(i) REGULATIONS.—The Secretary shall ‘‘(1) BENEFITS (OTHER THAN MATCHING CON- for such plan year, over prescribe such regulations as may be nec- TRIBUTIONS) MUST NOT BE CONTINGENT ON ‘‘(B) the maximum amount of such con- essary to carry out the purposes of this sec- ELECTION TO DEFER.—An employer retire- tributions permitted under the limitations of tion, including regulations permitting appro- ment savings account arrangement of any subsection (c)(1)(A) (determined by reducing priate aggregation of plans and contribu- employer shall not be treated as such an ar- contributions made on behalf of highly com- tions. rangement if any other benefit is condi- pensated employees in order of the contribu- tioned (directly or indirectly) on the em- tion percentages beginning with the highest ‘‘(j) TRANSITION RULES.— ployee electing to have the employer make of such percentages). ‘‘(1) DEEMED ERSAS.—Any arrangement or not make contributions under the ar- ‘‘(3) METHOD OF DISTRIBUTING EXCESS CON- which, as of December 31, 2005— rangement in lieu of receiving cash. The pre- TRIBUTIONS.—Any distribution of the excess ‘‘(A) is part of a plan meeting the require- ceding sentence shall not apply to any contributions for any plan year shall be ments of section 401(a), and matching contribution made by reason of made to highly compensated employees on ‘‘(B) is— such an election. the basis of the amount of contributions by, ‘‘(i) a qualified cash or deferred arrange- ‘‘(2) COORDINATION WITH OTHER PLANS.—Any or on behalf of, each of such employees. ment (as defined in section 401(k)(2)), or employer contribution made pursuant to an ‘‘(4) ADDITIONAL TAX UNDER SECTION 72(t) ‘‘(ii) subject to the requirements of section employee’s election under an employer re- NOT TO APPLY.—No tax shall be imposed 401(m), tirement savings account arrangement shall under section 72(t) on any amount required shall be treated as an employer retirement not be taken into account for purposes of de- to be distributed under this subsection. savings account arrangement and subject to termining whether any other plan meets the ‘‘(5) TREATMENT OF MATCHING CONTRIBU- the requirements of this title applicable to requirements of section 401(a) or 410(b). This TIONS FORFEITED BY REASON OF EXCESS DEFER- such an arrangement for plan years begin- paragraph shall not apply for purposes of de- RAL OR CONTRIBUTION.—For purposes of sub- ning after December 31, 2005. termining whether a plan meets the average section (b)(3), a matching contribution shall ‘‘(2) ELECTABLE ERSAS.— benefit requirement of section not be treated as forfeitable merely because ‘‘(A) IN GENERAL.—If an employer makes an 410(b)(2)(A)(ii). such contribution is forfeitable if the con- election under this paragraph with respect to

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2252 CONGRESSIONAL RECORD — SENATE March 8, 2005 any applicable arrangement, such arrange- (B) in paragraph (2), by striking ‘‘section Microbicides Development Act of 2005. ment shall be treated as an employer retire- 401(k)’’ and inserting ‘‘section 401A’’. I am very pleased to be introducing ment savings account arrangement and sub- (3) The Secretary of the Treasury shall, this bipartisan bill along with my col- ject to the requirements of this title applica- not later than 90 days after the date of the leagues, Senators SNOWE, OBAMA, ble to such an arrangement for plan years enactment of this Act, submit such technical beginning after December 31, 2005. and other conforming changes as are nec- BINGAMAN, CANTWELL, CLINTON, DODD, ‘‘(B) APPLICABLE ARRANGEMENT.—For pur- essary to carry out the amendments made by DURBIN, FEINSTEIN, KENNEDY, LAUTEN- poses of subparagraph (A), the term ‘applica- this section. BERG, LEAHY, MIKULSKI, MURRAY, SCHU- ble arrangement’ means an arrangement (e) CLERICAL AMENDMENT.—The table of MER, and SMITH. I thank my colleagues which, as of December 31, 2005, is— sections for subpart A of part 1 of subchapter for their support of this important leg- ‘‘(i) an arrangement under which amounts D of chapter 1 of such Code is amended by in- islation, which we believe is vital to serting after the item relating to section 401 are contributed by an individual’s employer the pursuit of combating the global for an annuity contract described in section the following new item: ‘‘Sec. 401A. Employer Retirement Savings HIV/AIDS crisis. 403(b), Today we are celebrating Inter- ‘‘(ii) an eligible deferred compensation Accounts.’’. national Women’s Day. Not only plan (within the meaning of section 457(b)) (f) EFFECTIVE DATE.—The amendments maintained by an eligible employer de- made by this section shall apply to years be- should we celebrate the achievements scribed in section 457(e)(1)(A), ginning after December 31, 2005. of women nationally and globally ‘‘(iii) a simplified employee pension (with- (g) PROVISIONS RELATING TO PLAN AMEND- today, but we should also promise to in the meaning of section 408(k)) for which MENTS.— redouble our efforts to improve the an election is in effect under paragraph (6) (1) IN GENERAL.—If this subsection applies lives of women around the globe. I thereof, or to any plan or contract amendment— (A) such plan or contract shall be treated can’t think of an issue more deserving ‘‘(iv) a simple retirement account (within of our attention in the United States the meaning of section 408(p).’’. as being operated in accordance with the Senate than that of the toll that HIV/ (b) ELECTIVE DEFERRALS.—Section 402 of terms of the plan during the period described such Code is amended— in paragraph (2)(C)(i), and AIDS is having on women and their (1) in subsection (e)(3), by inserting ‘‘, an (B) except as provided by the Secretary of children around the world. employer retirement savings account ar- the Treasury, such plan shall not fail to Today, nearly half of the 37 million rangement (as defined in section 401A(b)),’’ meet the requirements of section 401A of the adults now living with HIV worldwide after ‘‘section 401(k)(2))’’ , and Internal Revenue Code of 1986 by reason of are women. The U.N.’s new Epidemic such amendment. (2) in subsection (g)(3)(A), by inserting ‘‘, Update released in late 2004 shows that or an employer retirement savings account (2) AMENDMENTS TO WHICH SECTION AP- PLIES.— women and girls are increasingly af- arrangement (as defined in section 401A(b)),’’ fected by the disease in each region of before ‘‘to the extent’’. (A) IN GENERAL.—This subsection shall apply to any amendment to any plan or an- the world and the epidemic continues (c) TERMINATION OF CONTRIBUTIONS TO nuity contract which is made— OTHER PLANS.— to worsen. Women are the new face of (i) pursuant to any amendment made by (1) 401(k) PLANS.—Section 401(k) of such AIDS. Approximately 7,000 women are this section, or pursuant to any regulation Code is amended by adding at the end the infected with HIV everyday. The big- issued by the Secretary of the Treasury or following new paragraph: gest rise in HIV/AIDS among women is the Secretary of Labor under this section, ‘‘(13) TERMINATION.—This subsection shall and occurring in East Asia, which has seen not apply to any plan year beginning after (ii) on or before the last day of the first a 56 percent infection rate increase, December 31, 2005.’’. plan year beginning on or after January 1, followed by the region of Eastern Eu- (2) 403(b) ANNUITY CONTRACTS.—Section 2007. rope and Central Asia. 403(b) of such Code is amended by adding at (B) GOVERNMENTAL PLAN.—In the case of a Notably, these are areas of the world the end the following new paragraph: governmental plan (as defined in section ‘‘(14) TERMINATION.—No elective deferral that are not currently included in the 414(d) of the Internal Revenue Code of 1986), President’s AIDS initiative (PEPFAR). (as defined in section 402(g)(3)) may be con- subparagraph (A) shall be applied by sub- tributed under this subsection by an em- stituting ‘‘2009’’ for ‘‘2007’’. I would like to note that later this ployer, and no amount may be transferred (C) CONDITIONS.—This subsection shall not week I will be introducing legislation under an eligible rollover, for an annuity apply to any amendment unless— to make India eligible for PEPFAR as- contract after December 31, 2006.’’. (i) during the period— sistance. It is estimated that by 2010, (3) GOVERNMENTAL 457 PLANS.—Section 457 (I) beginning on the date the legislative or India could have 20 million HIV in- of such Code is amended by adding at the end regulatory amendment described in subpara- fected individuals up from five million the following new subsection: graph (A)(i) takes effect (or in the case of a currently and women are at the center ‘‘(h) TERMINATION.—No amount may be de- plan or contract amendment not required by of the rapid growth of the disease. ferred under this subsection under a plan such legislative or regulatory amendment, maintained by an eligible employer de- the effective date specified by the plan), and I would like to quote from a recent scribed in subsection (e)(1)(A), and no (II) ending on the date described in sub- news article in USA Today, which dis- amount may be transferred under an eligible paragraph (A)(ii) (or, if earlier, the date the cusses the HIV/AIDS vulnerabilities rollover to an eligible deferred compensation plan or contract amendment is adopted), the that women confront. plan maintained by such an employer, after plan or contract is operated as if such plan ‘‘In this male-dominated society, ironclad December 31, 2006.’’. or contract amendment were in effect; and traditions surrounding marriage leave (4) SARSEPS.—Subparagraph (H) of section (ii) such plan or contract amendment ap- women little say over their sexual or repro- 408(k)(6) of such Code is amended by adding plies retroactively for such period. ductive lives. So many married men bring at the end the following new sentence: ‘‘No HIV home to their wives that married amount may be contributed under this para- By Mr. CORZINE (for himself, women are one of India’s highest-risk graph to a simplified employee pension by an Mr. OBAMA, Ms. SNOWE, Mr. groups. Nearly half of all new HIV infections employer, and no amount may be transferred BINGAMAN, Mrs. BOXER, Ms. occur in women, and studies indicate that 90 to a simplified employee pension maintained CANTWELL, Mrs. CLINTON, Mr. percent of women with HIV were virgins under this paragraph under an eligible roll- DODD, Mr. DURBIN, Mrs. FEIN- when they married and remained faithful to over, after December 31, 2006.’’. their husbands.’’ STEIN, Mr. KENNEDY, Mr. LAU- (5) SIMPLE IRAS.—Section 408(p) of such This statement describes the plight Code is amended by adding at the end the TENBERG, Mr. LEAHY, Ms. MI- following new paragraph: KULSKI, Mrs. MURRAY, Mr. of women in so many societies and ‘‘(11) TERMINATION.—No amount may be SCHUMER, Mr. SMITH, and Mr. countries where women simply do not contributed under this paragraph to a simple KERRY): have the economic or political power retirement account after December 31, S. 550. A bill to amend the Public to insist that their husbands use 2006.’’. Health Service Act with respect to fa- condoms or abstain from having sex (d) OTHER CONFORMING CHANGES.— cilitating the development of outside of marriage. The typical (1) Section 401 of such Code is amended by microbicides for preventing trans- woman who gets infected with HIV has striking subsection (m). only one partner—her husband. This (2) Section 7701(j) of such Code (relating to mission of HIV and other diseases, and tax treatment of Federal Thrift Savings for other purposes; to the Committee trend devastates families and puts chil- Fund) is amended— on Health, Education, Labor, and Pen- dren at risk. (A) in paragraph (1)(C), by striking ‘‘sec- sions. This astounding reality bears restat- tion 401(k)(4)(B)’’ and inserting ‘‘section Mr. CORZINE. Mr. President, I rise ing: The single greatest risk factor for 401A(d)(1)’’, and today to introduce legislation, the a woman in the developing world of

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2253 contracting the HIV virus is being mar- Microbicides may not be a magic bul- partner, their husband. Unfortunately, married. let, but they are essential to address- riage is not necessarily effective protection Women need HIV-prevention tools ing the HIV/AIDS crisis. With leading against HIV, because to protect themselves that they can control to safeguard scientists concluding that a vaccine is from HIV, women have to rely on their male their health and that of their families partners to be faithful or to use condoms. likely to be at least 10 years away, we Many women in the developing world are un- and communities. Unfortunately, there need to make a strong commitment to able to insist on mutual monogamy or nego- exists absolutely no HIV or STD pre- developing complementary prevention tiate condom use, especially in long-term re- vention method that is within a wom- tools such as microbicides. lationships. an’s personal control. Condom use Microbicides are a public health good (5) Scientists are working on a promising must be negotiated with a partner. We for which the social benefits are high new prevention tool that could slow down are all aware that for too many but economic incentives to private in- the spread of the HIV/AIDS epidemic, microbicides. Formulated as gels, creams, or women, particularly low-income vestment are low. Despite the potential women in the developing world and rings, microbicides inactivate, block, or oth- market size, neither pharmaceutical erwise interfere with the transmission of the many in our own country who rely nor major biotech companies have pathogens that cause AIDS and other sexu- upon a male partner for economic sup- made large investments in the field be- ally transmitted diseases (‘‘STD’’s). port, there is no power of negotiation. cause development is costly and the Microbicides could allow a woman to protect We know these women are at risk—yet, likelihood of finding an effective prod- herself from disease. we expect them to protect themselves uct is unknown. Like other public (6) Married couples need a method of HIV protection that will allow them to conceive without any tools. health goods, such as vaccines, public Today we have the opportunity to in- a child and start a family. No existing HIV funding must fill the gap left by mar- vest in groundbreaking research that prevention method also allows conception. ket failure. can produce these tools, and ulti- Microbicides are being developed to allow The cost of developing the existing women to both conceive children and protect mately, empower women. Microbicides pipeline of microbicide candidate prod- themselves from HIV. are self-administered products that ucts has been estimated at $775 million (7) Households in developing countries women could use to prevent trans- over five years. This investment should often dissolve when a mother dies. In the mission of STDs, including HIV/AIDS. I hardest hit countries, the number of children say ‘‘could’’, because due to insuffi- generate a number of safe, effective who are orphaned by AIDS is increasing dra- cient research investments, no microbicides by 2010. Currently, how- matically. microbicides have been brought to ever, U.S. Federal funding for (8) Women in the United States also need market. This legislation would expand microbicides is only about $88.8 million HIV prevention tools like microbicides. annually and is spread across all areas AIDS is now the number 1 cause of death Federal investments for microbicide among African–American women between research at the National Institutes for of microbicide research, not just product development. the ages of 25 and 34. Health (NIH), the Centers for Disease (9) In addition to HIV, other STDs con- Control and Prevention (CDC), and the As for any pharmaceutical or health tinue to be a major health threat in the United States Agency for International care product, the key to developing United States. The United States has the Development (USAID). safe, effective, affordable and acces- highest rates of sexually transmitted dis- In addition to encouraging new in- sible microbicides is sufficient invest- eases of any industrialized nation. Nineteen ment. If we are to realize the promise million STD infections occur every year. It vestments in microbicide research, the 1 Microbicides Development Act will ex- of microbicides and the lifesaving prop- is estimated that by age 25, ⁄2 of all sexually erties they may provide, then addi- active people in the United States can expect pedite the implementation of the NIH’s to be infected with an STD. five-year strategic plan for microbicide tional public funding must be made (10) HIV and AIDS represent a threat to na- research, as well as expand coordina- available for research and develop- tional security and economic well being, tion among federal agencies already in- ment. The Microbicide Development with direct medical costs of up to volved in this research, including NIH, Act of 2005 will help us achieve this $15,500,000,000 per year. The pandemic under- CDC, and the United States Agency on goal. mines armies, foments unrest, and burdens International Development (USAID). I ask unanimous consent that the the United States military. Perhaps most importantly, the legis- text of my legislation be printed in the (11) As the Nation’s largest single provider of HIV/AIDS care, the Veterans Affairs RECORD. lation calls for the establishment of a health care system spent $359,000,000 to pro- Microbicide Research and Development There being no objection, the bill was vided care to more than 20,000 American vet- Branch within the National Institute ordered to be printed in the RECORD, as erans with HIV/AIDS in fiscal year 2004. of Allergy and Infectious Diseases. follows: (12) The microbicide field has achieved an The National Institutes of Health, S. 550 extraordinary amount of scientific momen- tum, with several first-generation can- principally through the National Insti- Be it enacted by the Senate and House of Rep- didates now in large scale human trials tute of Allergy and Infectious Diseases resentatives of the United States of America in around the world. At same time, new prod- (NIAID), spends the majority of Fed- Congress assembled, eral dollars in this area. However, ucts, based upon recent advances in HIV SECTION 1. SHORT TITLE. treatment, have advanced into early safety microbicide research at NIH is cur- This Act may be cited as the ‘‘Microbicide trials. rently conducted with no single line of Development Act’’. (13) Microbicides are a classic public health administrative accountability or spe- SEC. 2. FINDINGS. good for which the social benefits are high cific funding coordination. In addition, Congress makes the following findings: but the economic incentive to private invest- other Federal agencies such as CDC (1) Women and girls are the new face of ment is low. Like other public health goods, and USAID undertake microbicides re- HIV/AIDS, and are increasingly affected by such as vaccines, public funding must fill the search and development activities. Be- the disease in each region of the world. gap. Microbicide research depends in large cause there is no Federal coordination, Women account for nearly 1⁄2 of the 37,000,000 part on Government leadership and invest- however, there is the risk that ineffi- adults living with HIV and AIDS worldwide ment. as of 2005. Approximately 7,000 women are (14) The Federal Government needs to ciencies and duplication of effort could newly infected with HIV each day. make a strong commitment to microbicide result. Through a variety of commit- (2) Because of their social and biological research and development. Three agencies— tees Congress has requested that NIH vulnerabilities, young women are particu- the National Institutes of Health (‘‘NIH’’), and its Office of AIDS Research provide larly at risk. In Sub-Saharan Africa, 76 per- the Centers for Disease Control and Preven- Congress with a ‘‘Federal coordination cent of the young people (between ages 15 tion (‘‘CDC’’), and the United States Agency plan’’ for research and development in and 24) with HIV are girls under 20. of International Development (‘‘USAID’’)— this area, but formal submission of this (3) When women become infected with HIV, have played important roles in the progress plan has been repeatedly delayed. they can pass along the infection to their to date, but further strong, well-coordinated, A unit dedicated to microbicide re- children during pregnancy, labor and deliv- and visible public sector leadership will be ery, or breast-feeding. The most effective essential for the promise of microbicides to search and development at the NIH is way to halt mother-to-child transmission is be realized. essential to providing the appropriate to ensure that mothers are not infected in (15) As of 2005, microbicide research at NIH staff and funding for the coordination the first place. is conducted under several institutes with no of these activities at the NIH and (4) An increasing number of women who be- single line of administrative accountability, across agencies. come infected with HIV have only 1 sexual no specific funding coordination, and highly

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2254 CONGRESSIONAL RECORD — SENATE March 8, 2005 variable levels of interest and commitment intensify, and coordinate the activities of all ‘‘SEC. 371S. MICROBICIDES FOR PREVENTING across institute leadership. Only a few NIH appropriate institutes and components of the TRANSMISSION OF HIV AND OTHER staff can claim microbicides as their sole National Institutes of Health with respect to DISEASES. focus. research and development of microbicides to ‘‘(a) DEVELOPMENT AND IMPLEMENTATION OF (16) The President’s Emergency Plan for prevent the transmission of the human im- THE MICROBICIDE AGENDA SUPPORTED BY THE AIDS Relief (‘‘PEPFAR’’) recognizes the ur- munodeficiency virus (‘HIV’) and other sexu- CENTERS FOR DISEASE CONTROL AND PREVEN- TION.—The Director of the Centers for Dis- gency of developing safe and effective ally transmitted diseases. ease Control and Prevention shall fully im- microbicides to prevent HIV. In addition, ‘‘(c) MICROBICIDE DEVELOPMENT UNIT.—In plement such Centers’ topical microbicide NIH documents state that ‘‘the US govern- carrying out subsection (b), the Director of agenda to support microbicide research and ment is firmly committed to accelerating the National Institute of Allergy and Infec- development. Such an agenda shall include— the development of safe and effective tious Diseases shall establish within the Di- ‘‘(1) conducting laboratory research in microbicides to prevent HIV,’’ recognizing vision of AIDS in the Institute, a clearly de- preparation for, and support of, clinical that microbicides may provide ‘‘one of the fined organizational unit charged with car- microbicide trials; most promising preventative interventions rying out microbicide research and develop- ‘‘(2) conducting behavioral research in given that could be inexpensive, readily ment. In establishing such unit, the Director preparation for, and support of, clinical available, and widely acceptable’’. But as of shall ensure that there are a sufficient num- microbicide trials; 2005, NIH spends barely 2 percent of its HIV/ ber of employees dedicated to carrying out ‘‘(3) developing and characterizing domes- AIDS research budget on microbicides. As the mission of the unit. tic populations and international cohorts ap- more microbicide candidates are advanced ‘‘(d) MICROBICIDE CLINICAL TRIALS.—In car- propriate for Phases I, II, and III clinical into later-stage clinical trials and develop- rying out subsection (c), the Director of the trials of candidate topical microbicides; ment costs rise correspondingly, 2005 funding National Institute of Allergy and Infectious ‘‘(4) conducting Phases I and II clinical levels are simply inadequate. Diseases shall assign priority to ensuring trials to assess the safety and acceptability (17) USAID and the CDC have expanded adequate funding and support for the inte- of candidate microbicides; their microbicide portfolios, but without gration of basic science and clinical re- ‘‘(5) conducting Phase III clinical trials to overall Federal coordination, costly ineffi- search, with particular emphasis on imple- assess the efficacy of candidate microbicides; ciencies and unproductive duplication of ef- mentation of trials leading to product licen- ‘‘(6) providing technical assistance to, and fort may result. USAID sustains strong part- sure. consulting with, a wide variety of domestic nerships with public and private organiza- and international entities involved in devel- tions working on microbicide research, im- ‘‘(e) REPORTS TO CONGRESS.— oping and evaluating topical microbicides, portantly including clinical trials in devel- ‘‘(1) IN GENERAL.—Not later than 6 months including health agencies, extramural re- oping countries where its experience is ex- after the date of enactment of the searchers, industry, health advocates, and tensive. USAID is well positioned to facili- Microbicide Development Act, and annually nonprofit organizations; and tate the introduction of microbicides once thereafter, the Director of the Office of AIDS ‘‘(7) developing and evaluating the diffu- they are available. The CDC also engages in Research shall submit to the appropriate sion and effects of implementation strategies critical microbicide research and clinical committees of Congress a report that de- for use of effective topical microbicides. testing, and has a long history of conducting scribes the strategies being implemented by ‘‘(b) PERSONNEL.—The Centers for Disease field trials in developing countries. the Federal Government regarding Control and Prevention shall ensure that (18) HIV prevention options available as of microbicide research and development. there are sufficient numbers of dedicated 2005 are not enough. HIV prevention strate- ‘‘(2) CONTENTS OF REPORTS.—Each report employees for carrying out the microbicide gies must recognize women’s needs and submitted under paragraph (1) shall in- agenda under subsection (a). vulnerabilities. If women are to have a gen- clude— ‘‘(c) REPORT TO CONGRESS.— uine opportunity to protect themselves, ‘‘(A) a description of activities with re- ‘‘(1) IN GENERAL.—Not later than 1 year their best option is the rapid development of spect to microbicide research and develop- after the date of enactment of the new HIV-prevention technologies like ment conducted and supported by the Fed- Microbicide Development Act, and annually microbicides, which women can initiate and eral Government; thereafter, the Director of the Centers for control. ‘‘(B) a summary and analysis of the ex- Disease Control and Prevention shall submit penditures made by the Director of the Office to the appropriate committees of Congress, a TITLE I—MICROBICIDE RESEARCH AT of AIDS Research during the preceding year report on the strategies being implemented THE NATIONAL INSTITUTES OF HEALTH for activities with respect to microbicide- by the Centers for Disease Control and Pre- SEC. 101. OFFICE OF AIDS RESEARCH; PROGRAM specific research and development, including vention with respect to microbicide research REGARDING MICROBICIDES FOR basic research, preclinical product develop- and development. Such report shall be sub- PREVENTING TRANSMISSION OF HIV mitted alone or as part of the overall Federal AND OTHER DISEASES. ment, clinical trials, and process development and production; strategic plan on microbicides compiled an- Subpart I of part D of title XXIII of the nually by the National Institutes of Health Public Health Service Act (42 U.S.C. 300cc-40 ‘‘(C) a description and evaluation of the progress made, during the preceding year, to- Office of AIDS Research as required under et seq.) is amended by inserting after section section 2351A. 2351 the following: ward the development of effective and acceptable microbicides; and ‘‘(2) CONTENTS OF REPORT.—Such report ‘‘SEC. 2351A. MICROBICIDES FOR PREVENTING ‘‘(D) a review of scientific and pro- shall include— TRANSMISSION OF HIV AND OTHER ‘‘(A) a description of activities with re- DISEASES. grammatic obstacles to expediting the commercial availability of microbicide products. spect to microbicides conducted or supported ‘‘(a) FEDERAL STRATEGIC PLAN.— ‘‘(3) APPROPRIATE COMMITTEES OF CONGRESS by the Director of the Centers for Disease ‘‘(1) IN GENERAL.—The Director of the Of- Control and Prevention; fice of AIDS Research shall— DEFINED.—In this subsection, the term ‘appropriate committees of Congress’ means the ‘‘(B) a summary and analysis of the ex- ‘‘(A) expedite the implementation of a Fed- penditures made by such Director during the eral strategic plan for the conduct and sup- Committee on Health, Education, Labor, and Pensions and the Committee on Appropria- preceding year, for activities with respect to port of microbicide research and develop- microbicide-specific research and development; and tions of the Senate and the Committee on Energy and Commerce and the Committee on ment, including the number of employees of ‘‘(B) annually review and, as appropriate, such Centers involved in such activities; revise such plan, to prioritize funding and Appropriations of the House of Representa- tives. ‘‘(C) a description and evaluation of the activities in terms of their scientific ur- progress made, during the preceding year, to- gency. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ward the development of effective and ac- ‘‘(2) COORDINATION.—In implementing, re- There are authorized to be appropriated such ceptable microbicides; and viewing, and prioritizing elements of the sums as may be necessary for each fiscal ‘‘(D) a review of scientific and pro- plan described under paragraph (1), the Di- year to carry out this section.’’. grammatic obstacles to expediting the com- rector of the Office of AIDS Research shall TITLE II—MICROBICIDE RESEARCH AT mercial availability of microbicide products. coordinate with— THE CENTERS FOR DISEASE CONTROL ‘‘(3) APPROPRIATE COMMITTEES OF CONGRESS ‘‘(A) other Federal agencies, including the AND PREVENTION DEFINED.—For the purposes of this sub- Director of the Centers for Disease Control section, the term ‘appropriate committees of and Prevention and the Administrator of the SEC. 201. MICROBICIDES FOR PREVENTING Congress’ means the Committee on Health, United States Agency for International De- TRANSMISSION OF HIV AND OTHER Education, Labor, and Pensions and the DISEASES. velopment, involved in microbicide research; Committee on Appropriations of the Senate ‘‘(B) the microbicide research community; Part B of title III of the Public Health and the Committee on Energy and Commerce and Service Act (42 U.S.C. 243 et seq.) is amend- and the Committee on Appropriations of the ‘‘(C) health advocates. ed— House of Representatives. ‘‘(b) EXPANSION AND COORDINATION OF AC- (1) by transferring section 317R so as to ap- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— TIVITIES.—The Director of the Office of AIDS pear after section 317Q; and There are authorized to be appropriated such Research, acting in coordination with other (2) by inserting after section 317R (as so sums as may be necessary for each fiscal relevant institutes and offices, shall expand, transferred) the following: year to carry out this section.’’.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2255 TITLE III—MICROBICIDE RESEARCH AT of Health in preparing a report required by section (c) of such section 2101 as in effect THE UNITED STATES AGENCY FOR subparagraph (A). immediately before the enactment of such INTERNATIONAL DEVELOPMENT ‘‘(D) APPROPRIATE COMMITTEES OF CON- Act, modified— SEC. 301. MICROBICIDES FOR PREVENTING GRESS DEFINED.—In this paragraph, the term (A) by inserting after ‘‘(c)’’ the following: TRANSMISSION OF HIV AND OTHER ‘appropriate committees of Congress’ means ‘‘ASSISTANCE TO MEMBERS OF THE ARMED DISEASES. the Committee on Foreign Relations and the FORCES.—’’; Section 104A of the Foreign Assistance Act Committee on Appropriations of the Senate (B) in paragraph (1)— of 1961 (22 U.S.C. 2151b–2) is amended by add- and the Committee on International Rela- (i) in the first sentence, by striking ‘‘para- ing at the end the following new subsection: tions and the Committee on Appropriations graph (1), (2), or (3)’’ and inserting ‘‘subpara- ‘‘(h) MICROBICIDES FOR PREVENTING TRANS- of the House of Representatives. graph (A), (B), (C), or (D) of paragraph (2)’’; MISSION OF HIV AND OTHER DISEASES.— ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— and ‘‘(1) DEVELOPMENT AND IMPLEMENTATION OF There are authorized to be appropriated such (ii) in the second sentence, by striking THE MICROBICIDE AGENDA.—The head of the sums as may be necessary for each fiscal ‘‘the second sentence’’ and inserting ‘‘para- Office of HIV/AIDS of the United States year to carry out this subsection.’’. graph (3)’’; and Agency for International Development, in (C) in paragraph (2)— conjunction with other offices of such Agen- By Mr. AKAKA: (i) in the first sentence, by striking ‘‘para- cy, shall develop and implement a program S. 552. A bill to make technical cor- graph (1)’’ and inserting ‘‘paragraph (2)’’; and to support the development of microbicides rections to the Veterans Benefits Im- (ii) in the second sentence, by striking products for the prevention of the trans- provement Act of 2004; to the Com- ‘‘paragraph (2)’’ and inserting ‘‘paragraph mission of HIV and other diseases, and facili- mittee on Veterans’ Affairs. (3)’’; and tate wide-scale availability of such products Mr. AKAKA. Mr. President, today I (3) in subsection (a)(3), by striking ‘‘sub- after such development. The program shall section (c)’’ in the matter preceding subpara- introduce a bill that would provide a graph (A) and inserting ‘‘subsection (d)’’. be known as the ‘microbicide agenda’ and technical correction to the Veterans shall include— SEC. 2. EFFECTIVE DATE. ‘‘(A) support for the discovery, develop- Benefits Improvements Act of 2004. The amendments made by section 1 shall ment, and preclinical evaluation of topical Last session, the law that allowed se- take effect immediately after the enactment microbicides; verely disabled members of the Armed of the Veterans Benefits Improvement Act of ‘‘(B) support for the conduct of clinical Forces to receive specially adapted 2004 (Public Law 108–454). studies of candidate microbicides to assess housing grants from the Department of the safety, acceptability, and effectiveness of Veterans Affairs (VA), while still on By Mrs. FEINSTEIN (for herself such microbicides in reducing the trans- active duty, was inadvertently re- and Mr. ALLEN): mission of HIV and other sexually trans- pealed. This was an oversight that oc- S. 553. A bill to amend title 23, mitted diseases; United States Code, to provide for ‘‘(C) support for behavioral and social curred when the law was changed that authorized the Secretary of Veterans HOV-lane exemptions for low-emission science research relevant to microbicide de- and hybrid vehicles; to the Committee velopment, testing, acceptability, and use; Affairs to provide specially adapted ‘‘(D) support for preintroductory and intro- housing for veterans whose disability is on Environment and Public Works. ductory studies of safe and effective the result of the loss, or loss of use, of Mrs. FEINSTEIN. Mr. President, I microbicides in developing countries; and both upper arms above the elbow. rise today to introduce a bill with Sen- ‘‘(E) facilitation of access to microbicides Currently, only veterans are statu- ator ALLEN that would allow hybrids to by women at highest risk of contracting HIV torily eligible for adapted housing access High Occupancy Vehicle (HOV) or other sexually transmitted diseases, at lanes. the earliest possible time. grants. Congress originally intended eligibility for both disabled veterans California and other States, such as ‘‘(2) STAFFING.—The head of the Office of Arizona, Colorado, and Georgia, do not HIV/AIDS shall ensure that the Agency has a and servicemembers, as was the case sufficient number of dedicated employees to before the change in law last Session. want to risk losing their Federal high- carry out the microbicide agenda. The correcting language in my bill way dollars by acting without a waiver ‘‘(3) REPORTS TO CONGRESS.— would again provide the adapted hous- from the Department of Transpor- ‘‘(A) IN GENERAL.—Not later than 1 year ing benefit to disabled servicemembers tation to implement laws permitting after the date of enactment of the in need of accommodations as they re- hybrid vehicles to use HOV lanes. Microbicide Development Act, and annually turn to their homes. The adapted hous- Virginia has decided to take that thereafter, the Administrator of the Agency ing benefit is essential for providing an risk because the benefit of having more shall submit to the appropriate committees fuel efficient cars on the roads is great- of Congress a report on the activities of the adequate standard of living for our dis- Administrator to carry out the microbicide abled servicemembers. The benefit pro- er. agenda and on any other activities carried vides necessary modifications to serv- This bill would allow the Department out by the Administrator related to icemembers’ homes to accommodate of Transportation to grant such a waiv- microbicide research and development. their disabilities. er to States. ‘‘(B) CONTENTS OF REPORT.—Each report I ask that we continue to make every The purpose of this bill is to encour- submitted under subparagraph (A) shall in- effort to ensure that those servicemem- age Americans to buy and drive hy- clude— brids, which provide an innovative so- ‘‘(i) a description of activities with respect bers who have sacrificed to defend Freedom receive the benefits that they lution to help reduce our thirst for gas- to microbicides conducted or supported by oline. the Administrator; deserve. We owe it to these great men ‘‘(ii) a summary and analysis of the ex- and women to pass this legislation. Allowing hybrids into HOV lanes is a penditures made by the Administrator dur- I ask unanimous consent that the low-cost and quick incentive to pro- ing the preceding year for activities with re- text of the bill be printed in the mote the use of hybrids. spect to microbicide-specific research and RECORD. Hybrid vehicles are more fuel effi- development, including the number of em- There being no objection, the bill was cient than cars powered by internal ployees of the Agency who are involved in ordered to be printed in the RECORD, as combustion engines and they emit such activities; follows: fewer greenhouse gases that lead to ‘‘(iii) a description and evaluation of the global warming. progress made during the preceding year to- S. 552 Burning less gas can also help us to ward the development of effective and ac- Be it enacted by the Senate and House of Rep- ceptable microbicides; resentatives of the United States of America in gain independence from foreign sources ‘‘(iv) a review of scientific and pro- Congress assembled, of energy. grammatic obstacles to expediting the com- SECTION 1. TECHNICAL CORRECTIONS TO VET- The cost of hybrid technology will mercial availability of microbicide products; ERANS BENEFITS IMPROVEMENT decrease by bringing more hybrids into and ACT OF 2004. the market. ‘‘(v) a description of the activities carried Section 2101 of title 38, United States Code, And, people can make smarter, more out to increase the availability of as amended by section 401 of the Veterans fuel efficient, less polluting choices microbicides approved to prevent the trans- Benefits Improvement Act of 2004 (Public while getting to and from work faster. mission of HIV or other sexually transmitted Law 108–454), is further amended— diseases. (1) by redesignating subsection (c) as sub- Several States, including my State of ‘‘(C) CONSULTATION.—The Administrator section (d); California, have acted on their own to shall consult with the Director of the Office (2) by inserting after subsection (b) a new permit hybrid vehicles to use HOV of AIDS Research of the National Institutes subsection (c) consisting of the text of sub- lanes.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2256 CONGRESSIONAL RECORD — SENATE March 8, 2005 Current Federal law, however, only By Mr. DEWINE (for himself, Mr. ment, then composed of 29 member na- grants States the flexibility to allow KOHL, Mr. LEAHY, Mr. GRASS- tions, issued a formal recommendation electric or natural gas powered vehi- LEY, Mr. FEINGOLD, Ms. SNOWE, denouncing price fixing. OPEC’s con- cles to drive in the HOV lanes with a Mr. SCHUMER, Mr. DURBIN, Mr. tinued actions, in ongoing defiance of single passenger. LEVIN, Mrs. BOXER, Mr. WYDEN, American and international antitrust Right now, there are approximately Mr. CORZINE, and Mr. DAYTON): norms, should not be tolerated. 20,000 high-mileage hybrid car owners S. 555. A bill to amend the Sherman Until now, however, OPEC has effec- in California waiting to take advantage Act to make oil-producing and export- tively received a ‘‘free pass’’ from pros- of a State law that went into effect on ing cartels illegal; to the Committee ecution under U.S. antitrust laws. For January 1, 2005. This State law, spon- on the Judiciary. over two decades, enforcement has sored by assemblywoman Fran Pavley, Mr. DEWINE. Mr. President, I rise been constrained by two related court allows hybrid vehicles that get 45 today, along with my colleagues—Sen- opinions. In 1979, a Federal district miles-per-gallon or better to use dia- ators KOHL, LEAHY, GRASSLEY, FEIN- court found that OPEC’s price-setting mond or HOV lanes until 2008. GOLD, SNOWE, SCHUMER, DURBIN, LEVIN, decisions were ‘‘governmental’’ acts. As California has 40 percent of the BOXER, WYDEN, CORZINE, and DAYTON— As a result, they were given sovereign Nation’s carpool lanes, high-mileage to introduce the No Oil Producing and status and protected by the Foreign hybrid owners stand to gain a signifi- Exporting Cartels Act of 2005 (NOPEC). Sovereign Immunities Act. Subse- cant benefit for driving these cars. This legislation would give the Depart- quently, in 1981, a Federal court of ap- Some critics have expressed concerns ment of Justice and Federal Trade peals declined to consider the appeal of that HOV lanes will get overloaeded, Commission legal authority to bring an that antitrust case based on the so- but each State can stop the program if antitrust case against the Organization called ‘‘act of state’’ doctrine, which congestion becomes a problem. of Petroleum Exporting Countries holds that a court will not consider a Hybrids only account for a fraction (OPEC). case regarding the legality of the acts of the cars sold today—43,435 hybrids Every consumer in America knows of a foreign nation. out of a total of 16.7 million vehicles that gasoline prices have reached Our bill would effectively reverse were sold in 2003! record highs recently. Likewise, the these decisions. It makes it clear that If States want to act to encourage price of home heating oil has dramati- OPEC’s activities are not protected by their citizens to drive more fuel effi- cally increased. These price increases sovereign immunity and that the Fed- cient, less polluting vehicles, we need have been acutely painful to people in eral courts should not decline to hear a to give them the tools to do so. my home State of Ohio. case against OPEC based on the ‘‘act of Moreover, the rise in jet fuel prices is It is my hope that Congress will pass state’’ doctrine. As a result, under crippling our already weak airline in- this bill quickly so that hybrid drivers NOPEC, the Department of Justice and dustry. One of the main reasons that in California, Georgia, Colorado and the Federal Trade Commission could many U.S. airlines have not been able elsewhere can take advantage of the bring an antitrust enforcement action to make a profit has been due to sky- HOV lanes. against OPEC’s member nations. This rocketing jet fuel costs. For example, bill would force OPEC to begin pricing I ask unanimous consent that the in the fourth quarter of 2004, Conti- in a competitive, free-market manner text of the bill be printed in the nental Airlines’ jet fuel costs were $453 or face the possibility of civil or crimi- RECORD. million, which was a 48 percent in- nal antitrust prosecution. There being no objection, the bill was crease compared to last year, and Del- Senator KOHL and I have introduced ordered to be printed in the RECORD, as ta’s jet fuel costs were $385 million, this bill three times before—in 2000, follows: which was 76 percent increase com- 2001, and 2004. We intend to keep fight- S. 553 pared to last year. No wonder so many ing for American consumers and busi- Be it enacted by the Senate and House of Rep- U.S. airlines are teetering on the edge nesses so that they will not be fleeced resentatives of the United States of America in of bankruptcy or are already in bank- by OPEC in the future. Congress assembled, ruptcy. NOPEC says to OPEC: When you SECTION 1. HOV-LANE EXEMPTION FOR LOW- What is the cause of these high gas want to do business with America, you EMISSION AND HYBRID VEHICLES and fuel prices? There are a number of must abide by our antitrust laws and Section 102(a)(2) of title 23, United States factors at play, but there is clear the rules of the free market. And when Code, is amended— (1) by striking the first sentence and in- agreement among industry experts OPEC, one day, abides by the rules of serting the following: about the primary cause of high gas the free market, we will all see lower ‘‘(A) IN GENERAL.—Notwithstanding para- and fuel prices—and that is the in- oil and gas prices. graph (1), a State may permit a vehicle with crease in imported crude oil prices. I ask unanimous consent that the fewer than 2 occupants to operate in high oc- Who sets crude oil prices? OPEC does. text of the bill be printed in the cupancy vehicle lanes if the vehicle is— The unacceptably high price of im- RECORD. ‘‘(i)(I) certified as meeting the inherently ported crude oil is a direct result of There being no objection, the bill was low-emission vehicle evaporative emission price fixing by the OPEC nations to ordered to be printed in the RECORD, as standard under part 88 of title 40, Code of follows: Federal Regulations (or a successor regula- keep the price of oil unnaturally high. tion) (including a vehicle produced before or OPEC’s hunger for ill-gotten gains is S. 555 during the 2004 model year that meets that astounding. It seems its appetite can Be it enacted by the Senate and House of Rep- standard); and never be satisfied. For example, despite resentatives of the United States of America in ‘‘(II) labeled in accordance with section the fact that oil prices recently hit the Congress assembled, 88.312–93(c) of title 40, Code of Federal Regu- historic high of $55 a barrel, OPEC SECTION 1. SHORT TITLE. lations (or a successor regulation); or members met in December 2004 and de- This Act may be cited as the ‘‘No Oil Pro- ducing and Exporting Cartels Act of 2005’’ or ‘‘(ii) a motor vehicle that— cided to cut the output of oil by an- ‘‘(I) draws propulsion energy from onboard ‘‘NOPEC’’. sources of stored energy produced or stored other 1 million barrels. When demand SEC. 2. SHERMAN ACT. by— is high and supplies are cut, that The Sherman Act (15 U.S.C. 1 et seq.) is ‘‘(aa) an internal combustion or heat en- means prices will increase. Nonethe- amended by adding after section 7 the fol- gine using combustible fuel; and less, OPEC cut production. This is an lowing: ‘‘(bb) a rechargeable energy storage system outrage. ‘‘SEC. 7A. OIL PRODUCING CARTELS. that provides at least 5 percent of the max- OPEC is probably the most notorious ‘‘(a) IN GENERAL.—It shall be illegal and a imum available power; and example of an illegal cartel in the violation of this Act for any foreign state, or ‘‘(II) meets such other requirements or cri- world today. It is an affront to the any instrumentality or agent of any foreign teria as may be specified by the State.’’; and principle that markets should be free. state, to act collectively or in combination (2) in the second sentence, by striking with any other foreign state, any instrumen- ‘‘Such permission’’ and inserting the fol- Nation after nation has adopted anti- tality or agent of any other foreign state, or lowing: trust laws that make it illegal to fix any other person, whether by cartel or any ‘‘(B) REVOCATION.—The permission under prices. In 1998, the Organization for other association or form of cooperation or subparagraph (A)’’. Economic Cooperation and Develop- joint action—

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2257 ‘‘(1) to limit the production or distribution became commonplace. While prices make plain that the nations of OPEC of oil, natural gas, or any other petroleum temporarily receded for short periods, cannot hide behind the doctrines of product; the general trend was significantly up- ‘‘Sovereign Immunity’’ or ‘‘Act of ‘‘(2) to set or maintain the price of oil, nat- wards, and rising even today. We now State’’ to escape the reach of American ural gas, or any petroleum product; or justice. In so doing, our bill will over- ‘‘(3) to otherwise take any action in re- hear predictions that the price of crude straint of trade for oil, natural gas, or any oil may soon break the $60 barrier, and rule one twenty-year old lower court petroleum product; oil industry analysts even say $80 per decision which incorrectly failed to when such action, combination, or collective barrel is not unthinkable. And one fact recognize that the actions of OPEC action has a direct, substantial, and reason- has remained consistent—any move member nations was commercial activ- ably foreseeable effect on the market, sup- downwards in price would end as soon ity exempt from the protections of sov- ply, price, or distribution of oil, natural gas, as OPEC decided to cut production. ereign immunity. or other petroleum product in the United The price of crude oil danced to the The most fundamental principle of a States. tune set by OPEC members. Such bla- free market is that competitors cannot ‘‘(b) SOVEREIGN IMMUNITY.—A foreign state tantly anti-competitive conduct by the be permitted to conspire to limit sup- engaged in conduct in violation of subsection ply or fix price. There can be no free (a) shall not be immune under the doctrine oil cartel violates the most basic principles of fair competition and free mar- market without this foundation. And of sovereign immunity from the jurisdiction we should not permit any nation to or judgments of the courts of the United kets and should not be tolerated. States in any action brought to enforce this Real people suffer real consequences flout this fundamental principle. section. every day in our nation because of Some critics of this legislation have ‘‘(c) INAPPLICABILITY OF ACT OF STATE DOC- OPEC’s actions. Rising gas prices are a argued that suing OPEC will not work TRINE.—No court of the United States shall silent tax that takes hard-earned or that threatening suit will hurt more decline, based on the act of state doctrine, to money away from Americans every than help. I disagree. Our NOPEC legis- make a determination on the merits in an time they visit the gas pump. Higher lation will, for the first time, enable action brought under this section. our antitrust authorities to take legal ‘‘(d) ENFORCEMENT.—The Attorney General oil prices drive up the cost of transportation, harming thousands of compa- action to combat the illegitimate of the United States and the Federal Trade price-fixing conspiracy of the oil car- Commission may bring an action to enforce nies throughout the economy from tel. It will, at a minimum, have a real this section in any district court of the trucking to aviation. And those costs deterrent effect on nations that seek to United States as provided under the anti- are passed on to consumers in the form join forces to fix oil prices to the det- trust laws.’’. of higher prices for manufactured riment of consumers. This legislation SEC. 3. SOVEREIGN IMMUNITY. goods. Higher oil prices mean higher will be the first real weapon the U.S. Section 1605(a) of title 28, United States heating oil and electricity costs. Any- Code, is amended— government has ever had to deter one who has gone through a Midwest (1) in paragraph (6), by striking ‘‘or’’ after OPEC from its seemingly endless cycle the semicolon; winter can tell you about the tremen- of price increases. There is nothing re- (2) in paragraph (7), by striking the period dous personal costs associated with markable about applying U.S. anti- and inserting ‘‘; or’’; and higher home heating bills. trust law overseas. Our government We have all heard many explanations (3) by adding at the end the following: has not hesitated to do so when faced ‘‘(8) in which the action is brought under offered for rising energy prices. Some with clear evidence of anti-competitive section 7A of the Sherman Act.’’. say that the oil companies are gouging conduct that harms American con- Mr. KOHL. Mr. President, I rise consumers. Some blame disruptions in sumers. A few years ago, for example, today to introduce, with Senator supply. Others point to the EPA re- the Justice Department secured record DEWINE and 11 co-sponsors, of the No quirement mandating use of a new and fines totaling $725 million against Ger- Oil Producing and Exporting Cartels more expensive type of ‘‘reformulated’’ man and Swiss companies engaged in a Act of 2005 (‘‘NOPEC’’). It is time for gas in the Midwest or other ‘‘boutique’’ price fixing conspiracy to raise and fix the U.S. government to fight back on fuels around the country. Some even the price of vitamins sold in the United the price of oil and hold OPEC account- claim that refiners and distributors States and elsewhere. Their behavior able when it acts illegally. This bill have illegally fixed prices. On this harmed consumers by raising the will hold OPEC member nations to ac- issue, Senator DEWINE and I have re- prices consumers paid for vitamins count under U.S. antitrust law when peatedly asked the Federal Trade Com- every day and plainly needed to be ad- they agree to limit supply or fix price mission to investigate these allega- dressed. As this and other cases show, in violation of the most basic prin- tions. As a result of our requests, the the mere fact that the conspirators are ciples of free competition. FTC has put a task force in place to foreign nations is no basis to shield Our bill will authorize the Attorney find out if those allegations were true. them from violating these most basic General and Federal Trade Commission While we continue to urge the FTC to standards of fair economic behavior. to file suit against nations or other en- be vigilant, the FTC has to date found Even under current law, there is no tities that participate in a conspiracy no evidence of illegal domestic price doubt that the actions of the inter- to limit the supply, or fix the price, of fixing as a cause of higher gas prices. national oil cartel would be in gross oil. In addition, it will expressly speci- And we conducted our own inquiry in violation of antitrust law if engaged in fy that the doctrines of sovereign im- the Antitrust Subcommittee last year by private companies. If OPEC were a munity and act of state do not exempt which found no basis to challenge the group of international private compa- nations that participate in oil cartels FTC’s conclusions. nies rather than foreign governments, from basic antitrust law. Senator But one cause of these escalating their actions would be nothing more DEWINE and I have introduced this bill prices is indisputable: the price fixing than an illegal price fixing scheme. But in each of the last three Congresses. conspiracy of the OPEC nations. For OPEC members have used the shield of This legislation was the subject of an years, this conspiracy has unfairly ‘‘sovereign immunity’’ to escape ac- extensive hearing at the Antitrust Sub- driven up the cost of imported crude oil countability for their price-fixing. The committee last year, and subsequently to satisfy the greed of the oil export- Foreign Sovereign Immunities Act, passed the Judiciary Committee with- ers. We have long decried OPEC, but, though, already recognizes that the out dissent. It is now time, in this new sadly, no one in government has yet ‘‘commercial’’ activity of nations is Congress, to finally pass this legisla- tried to take any action. Our bill will, not protected by sovereign immunity. tion into law and give our nation a for the first time, establish clearly and And it is hard to imagine an activity long needed tool to counteract this per- plainly that when a group of competing that is more obviously commercial nicious and anti-consumer conspiracy. oil producers like the OPEC nations than selling oil for profit, as the OPEC Throughout the last year, consumers act together to restrict supply or set nations do. Our legislation will estab- all across the Nation have watched gas prices, they are violating U.S. law. The lish that the sovereign immunity doc- prices rise to previously unimagined bill will not authorize private lawsuits, trine will not divest a U.S. court from levels. As crude oil prices exceeded $40, but it will authorize the Attorney Gen- jurisdiction to hear a lawsuit alleging then $50 and then $55 per barrel, retail eral or FTC to file suit under the anti- that members of the oil cartel are vio- prices of gasoline over $2.00 per gallon trust laws for redress. Our bill will also lating antitrust law.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2258 CONGRESSIONAL RECORD — SENATE March 8, 2005 The suffering of consumers across the Mrs. BOXER, Mr. JOHNSON, Mr. In 2003 we passed a measure to allow Nation in the last year has made me SALAZAR, Mr. BINGAMAN, Ms. concurrent receipt for those who are more certain than ever that this legis- LANDRIEU, Mr. JEFFORDS, Mr. 100 percent disabled. Last year we lation is necessary. Between OPEC’s KENNEDY, Mrs. LINCOLN, Mrs. made that change immediate, instead repeated decisions to cut oil production CLINTON, Mr. LIEBERMAN, and of being phased in over 10 years. This and the FTC’s conclusion for the last Mr. DURBIN): will benefit as many as 50,000 severely several years that there is no illegal S. 558. A bill to amend title 10, disabled veterans. But there are still conduct by domestic companies respon- United States Code, to permit certain hundreds of thousands of disabled vet- sible for rising gas prices, I am con- additional retired members of the erans who need our help. vinced that we need to take action, and Armed Forces who have a service-con- We would not dream of leaving a sol- take action now, before the damage nected disability to receive both dis- dier behind on the battlefield. And we spreads too far. ability compensation from the Depart- should not walk away from our dis- I urge my colleagues to support our ment of Veterans Affairs for their disabled veterans now, when they need legislation so that our Nation will fi- ability and either retired pay by reason our help. Frankly, I can’t understand nally have an effective means to com- of their years of military service or why the administration is even debat- bat this price-fixing conspiracy of oil- Combat-Related Special compensation ing whether this policy should be rich nations. and to eliminate the phase-in period changed for veterans whose disabilities under current law with respect to such make them unemployable. The fact is, By Mr. MCCAIN: concurrent receipt; to the Committee many veterans with a disability rated S. 556. A bill to direct the Secretary on Armed Services. at less than 100 percent cannot get or of the Interior and the Secretary of Ag- Mr. President, I rise today to again hold a job because of their disabilities. riculture to jointly conduct a study of introduce a bill along with my col- And a 10-year phase-in simply isn’t certain land adjacent to the Walnut leagues Mr. BIDEN, Ms. MIKULSKI, Mrs. fair for these veterans, because many Canyon National Monument in the MURRAY, Mr. NELSON of Florida, Mrs. of them will never live to see the bene- State of Arizona; to the Committee on BOXER, Mr. JOHNSON, Mr. SALAZAR, Mr. fits. They deserve immediate help. We Energy and Natural Resources. BINGAMAN, Ms. LANDRIEU, Mr. JEF- have to take care of these veterans— Mr. MCCAIN. Mr. President, I am FORDS, Mr. KENNEDY, Mrs. LINCOLN, now. If the administration doesn’t Mrs. CLINTON, Mr. LIEBERMAN, and Mr. pleased to be joined today by my col- want to do it, then Congress will be DURBIN. league in the House of Representatives, forced to legislate the necessary Congressman RICK RENZI, in intro- Nothing is more important than keeping America safe. The key to our changes. Taking care of veterans is the ducing legislation to authorize a spe- right thing to do because we must cial resources and land management security is a professional, well-trained military. And in order to attract the never forget the sacrifices they made study for the Walnut Canyon National to protect our freedom. Monument in Arizona. The study is in- dedicated soldiers we need, we must honor our commitment to America’s Taking care of our veterans is also a tended to evaluate a range of manage- key to winning the war on terror. In ment options for public lands adjacent veterans. Most everyone in the Senate knows about the ban on concurrent re- our all-volunteer military, it is critical to the monument to ensure adequate ceipt . . . and our veterans certainly to attract and retain professional, dedi- protection of the canyon’s cultural and know about the hardship it causes. cated soldiers. natural resources. This is the outdated and unfair pol- These people serve because they love For several years, local communities icy that prevents disabled veterans America. They don’t expect to get rich adjacent to the Walnut Canyon Na- from collecting both their military rein the military but they do expect that tional Monument have debated wheth- tirement pay and disability compensa- we will honor our commitments to pro- er the land surrounding the monument tion at the same time. Under current vide health care and other benefits for would be best protected from future de- law, a retired disabled veteran must de- them and their families. velopment under management of the duct from his retirement pay, dollar Mr. President, I ask unanimous con- U.S. Forest Service or the National for dollar, the amount of any disability sent that the text of this legislation be Park Service. The Coconino County compensation he receives. printed in the RECORD. Board and the Flagstaff City Council In many cases, this totally wipes out There being no objection, the bill was have passed resolutions concluding the veteran’s retirement pay. The end ordered to be printed in the RECORD, as that the preferred method to determine result is that the disabled military re- follows: what is best for the land surrounding tiree loses all of the value of his 20 or S. 558 Walnut Canyon National Monument is more years of service to our Nation. We Be it enacted by the Senate and House of Rep- by having a Federal study conducted. don’t subject any other Federal retiree resentatives of the United States of America in The recommendations from such a to this kind of offset, only our disabled Congress assembled, study would help to resolve the ques- military retirees. So this policy SECTION 1. SHORT TITLE. tion of future management and wheth- amounts to a special tax on our dis- This Act may be cited as the ‘‘Retired Pay er expanding the monument’s bound- abled veterans . . . men and women Restoration Act of 2005’’. aries could compliment current public who have already sacrificed so much SEC. 2. FINDINGS AND SENSE OF CONGRESS. and multiple-use needs. for our Nation. (a) FINDINGS.—Congress finds the fol- The legislation also would direct the When this situation was first brought lowing: Secretary of the Interior and the Sec- to my attention a few years ago by a (1) For more than 100 years before 1999, all retary of Agriculture to provide rec- veteran from Nevada, I could hardly disabled military retirees were required to ommendations for management op- believe it. It seemed too outrageous to fund their own veterans’ disability com- tions for maintenance of the public be true. And to this day, I can’t under- pensation by forfeiting one dollar of earned retired pay for each dollar received in vet- uses and protection of resources of the stand why it has taken so long to cor- erans’ disability compensation. study area. rect the problem. Because to me, it (2) Since 1999, Congress has enacted legisla- Mr. President, this legislation would just goes without saying that we tion every year to progressively expand eli- provide a mechanism for determining should treat our disabled veteran with gibility criteria for relief of the retired pay the management options for one of Ari- honor . . . with dignity . . . and with disability offset and further reduce the bur- zona’s high uses scenic areas and pro- respect. den of financial sacrifice on disabled mili- tect the natural and cultural resources The members of this Senate share my tary retirees. of this incredibly beautiful monument. feelings. For the past years, the Senate (3) Absent adequate funding to eliminate has passed measures to end the ban on the sacrifice for all disabled retirees, Con- I urge my colleagues to support its pas- gress has given initial priority to easing fi- sage. concurrent receipt. I want to especially nancial inequities for the most severely dis- thank Senators LEVIN and WARNER for abled and for combat-disabled retirees. By Mr. REID (for himself, Mr. their support of this issue, year after (4) In the interest of maximizing eligibility BIDEN, Ms. MIKULSKI, Mrs. MUR- year. Thanks to their strong leadership within cost constraints, Congress effectively RAY, Mr. NELSON of Florida, we have made some progress each year. has authorized full concurrent receipt for all

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2259 qualifying retirees with 100-percent dis- section (a) of section 1414 of such title, as day’s world, 90 percent of the casual- ability ratings and all with combat-related amended by section 2(a), is amended— ties in any war are civilians, most of disability ratings, while phasing out the dis- (A) by striking ‘‘a member or’’ and all that them women and children. Since 1990, ability offset to retired pay over 10 years for follows through ‘‘retiree’)’’ and inserting ‘‘an more than 2 million children have been retired members with noncombat-related, individual who is a qualified retiree for any service-connected disability ratings of 50 month’’; killed, and 6 million maimed or injured percent to 90 percent. (B) by inserting ‘‘retired pay and veterans’ as a result of a war somewhere in this (5) In pursuing these good-faith efforts, disability compensation’’ after ‘‘both’’; and world. Congress acknowledges the regrettable ne- (C) by adding at the end the following new It is extraordinary to think that, in cessity of creating new thresholds of eligi- paragraph: what we believe is the most sophisti- bility that understandably are disappointing ‘‘(2) QUALIFIED RETIREES.—For purposes of cated, technologically advanced period to disabled retirees who fall short of meeting this section, a qualified retiree, with respect in world history, rape has become a those new thresholds. to any month, is a member or former mem- routine weapon of war used at will by (6) Congress is not content with the status ber of the uniformed services who— bands of marauding military forces— quo. ‘‘(A) is entitled to retired pay, other than some of them young boys—everywhere (b) SENSE OF CONGRESS.—It is the sense of in the case of a member retired under chap- Congress that military retired pay earned by ter 61 of this title with less than 20 years of from Burma to Bosnia, and from Sierra service and sacrifice in defending the Nation service creditable under section 1405 of this Leone to Sudan. should not be reduced because a military re- title and less than 20 years of service com- Forced displacement of civilians, tiree is also eligible for veterans’ disability puted under section 12732 of this title; and rather than being one of the unfortu- compensation awarded for service-connected ‘‘(B) is also entitled for that month to vet- nate results of war is now a deliberate disability. erans’ disability compensation.’’. tactic of war. SEC. 3. ELIGIBILITY FOR PAYMENT OF BOTH RE- (3) STANDARDIZATION WITH CRSC RULE FOR Look at Darfur in the last 18 months. TIRED PAY AND VETERANS’ DIS- CHAPTER 61 RETIREES.—Subsection (b) of sec- Civilians have been targeted by Khar- ABILITY COMPENSATION FOR CER- tion 1414 of such title is amended— TAIN ADDITIONAL MILITARY RETIR- toum in one of the most horrific geno- (A) by striking ‘‘SPECIAL RULES’’ in the EES WITH COMPENSABLE SERVICE- cides we have seen in recent years. CONNECTED DISABILITIES. subsection heading and all that follows through ‘‘is subject to’’ in paragraph (1) and Homes have been bombed, and villages (a) EXTENSION OF CONCURRENT RECEIPT AU- attacked. Government sponsored mili- THORITY TO RETIREES WITH SERVICE-CON- inserting ‘‘SPECIAL RULE FOR CHAPTER 61 DIS- tia are destroying crops and have NECTED DISABILITIES RATED LESS THAN 50 ABILITY RETIREES.—In the case of a qualified PERCENT.—Section 1414 of title 10, United retiree who is retired under chapter 61 of this fouled the water supply. They’re burn- States Code, is amended by striking para- title, the retired pay of the member is sub- ing homes, leaving mothers no choice graph (2) of subsection (a). ject to’’; and but to flee for their lives and their chil- (b) REPEAL OF PHASE-IN OF CONCURRENT RE- (B) by striking paragraph (2). dren’s lives. CEIPT OF RETIRED PAY AND VETERANS’ DIS- (c) EFFECTIVE DATE.—The amendments Civilians forced to flee during war ABILITY COMPENSATION.—Such section is fur- made by this section shall take effect as of find their way to camps, but instead of January 1, 2006, and shall apply to payments ther amended— relative safety what do they find? They (1) in subsection (a), by striking the final for months beginning on or after that date. sentence of paragraph (1); find more suffering. The camps become (2) by striking subsection (c) and redesig- By Mr. BIDEN (for himself and virtual prisons. Women and girls are nating subsections (d) and (e) as subsections Mr. LUGAR): beaten and raped if they venture out- (c) and (d), respectively; and S. 559. A bill to make the protection side the camps for firewood. (3) in subsection (d) (as so redesignated), by of vulnerable populations, especially When I recently read a report by a striking subparagraph (4). women and children, who are affected United Nations investigatory team (c) CLERICAL AMENDMENTS.— by a humanitarian emergency a pri- which states that a number of U.N. (1) The heading for section 1414 of such peacekeepers—U.N. peacekeepers, mind title is amended to read as follows: ority of the United States Government, you—deployed to protect civilians from ‘‘§ 1414. Members eligible for retired pay who and for other purposes; to the Com- are also eligible for veterans’ disability mittee on Foreign Relations. ethnic violence in the eastern Demo- compensation: concurrent payment of re- Mr. BIDEN. Mr. President, as we cratic Republic of Congo were sexually tired pay and disability compensation’’. stand here today women and children exploiting girls as young as 13 years (2) The item relating to such section in the are suffering the ravages and priva- old, it reinforced my belief that we table of sections at the beginning of chapter tions of war and natural disasters. cannot stand by any longer. Something 71 of such title is amended to read as follows: They are suffering food shortages and must be done and this bill only begins ‘‘1414. Members eligible for retired pay who lack the most basic necessities in so to do it. Let me read you what that re- are also eligible for veterans’ many nations around the world. Five port said: disability compensation: con- million people have been affected by Interviews with Congolese women and girls current payment of retired pay confirmed that sexual contact with peace- and disability compensation.’’. the tsunami. Of that 5 million, 1.5 million are children, many alone and keepers occurred with regularity, usually in (d) EFFECTIVE DATE.—The amendments exchange for food or small sums of money made by this section shall take effect as of parentless, vulnerable to human traf- . . .’’ January 1, 2006, and shall apply to payments ficking, forced recruitment into mili- . . . ‘‘Many of the contacts involved girls for months beginning on or after that date. tary service or worse. under the age of 18.’’ SEC. 4. COORDINATION OF SERVICE ELIGIBILITY We can help. We can do our share by What’s more horrifying to me: the in- FOR COMBAT-RELATED SPECIAL making sure U.S. programs do their vestigators found that the abuse was COMPENSATION AND CONCURRENT RECEIPT. share. going on while they were there, on the (a) ELIGIBILITY FOR TERA RETIREES.—Sub- Today, I am introducing—along with ground, conducting the investigation. section (c) of section 1413a of title 10, United Senator LUGAR—the Protection of Vul- These incidents as well as allegations States Code, is amended by striking ‘‘enti- nerable Populations During Humani- of sexual exploitation by camp resi- tled to retired pay who—’’ and all that fol- tarian Emergencies Act of 2005, to dents and humanitarian workers in ref- lows and inserting ‘‘who— make vulnerable people, especially ugee camps in West Africa and Nepal in ‘‘(1) is entitled to retired pay, other than a women and children, an absolute pri- 2002 are incredible, real life examples of member retired under chapter 61 of this title ority of our foreign assistance pro- with less than 20 years of service creditable the sad fact that women and children under section 1405 of this title and less than grams. As a Nation, as a people, we remain vulnerable even in the very 20 years of service computed under section probably should do more, but we cer- places they flee for safety. 12732 of this title; and tainly can do no less than to ensure the This bill seeks to do something about ‘‘(2) has a combat-related disability’’. international community has a system it. (b) AMENDMENTS TO STANDARDIZE SIMILAR in place to prevent the exploitation of It enhances the U.S. government’s PROVISIONS.— so many lost, vulnerable, suffering ability to see that women and children (1) CLERICAL AMENDMENT.—The heading for women and children who are struggling are protected before, during, and after paragraph (3) of section 1413a(b) of such title is amended by striking ‘‘RULES’’ and insert- to survive the most God-awful condi- a complex humanitarian emergency. It ing ‘‘RULE’’. tions imaginable. directs the Secretary of State to des- (2) SPECIFICATION OF QUALIFIED RETIREES Over the past fifty years the nature ignate a special coordinator for protec- FOR CONCURRENT RECEIPT PURPOSES.—Sub- of war has changed dramatically. In to- tion issues who will be charged with

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2260 CONGRESSIONAL RECORD — SENATE March 8, 2005 making sure our embassies and con- SEC. 2. TABLE OF CONTENTS. provide equal access to basic services for, sular posts are made aware of the The table of contents of this Act is as fol- and safeguard the legal and human rights of, warning signs that an emergency lows: individuals. which may put the lives and safety of Sec. 1. Short title. (11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of State. women and children at risk is immi- Sec. 2. Table of contents. Sec. 3. Definitions. (12) SEX TRAFFICKING.—The term ‘‘sex traf- nent. Sec. 4. Findings. ficking’’ has the meaning given the term in It directs the coordinator to compile TITLE I—PROGRAM AND POLICY section 103 of Trafficking Victims Protection a watch list of such countries and re- COORDINATION Act of 2000 (22 U.S.C. 7102). gions so that the Agency for Inter- (13) SEXUAL EXPLOITATION AND ABUSE.—The Sec. 101. Requirement to develop integrated national Development can plan to meet term ‘‘sexual exploitation and abuse’’ means strategy. causing harm to a person through— potential need. It prohibits U.S. fund- Sec. 102. Designation of coordinator. ing for relief agencies that do not sign (A) rape; TITLE II—PREVENTION AND (B) sexual assault or torture; a code of conduct that outlaws im- PREPAREDNESS (C) sex trafficking and trafficking in per- proper exploitative relationships be- Sec. 201. Reporting and monitoring systems. sons; tween aid workers and recipients. Sec. 202. Protection training and expertise. (D) demands for sex in exchange for em- It expresses the Sense of Congress TITLE III—PROTECTION OF REFUGEES ployment, goods, services, or protection; and that the U.N. Department of Peace- AND INTERNALLY DISPLACED PERSONS (E) other forms of sexual violence. keeping Operations should improve its (14) TRAFFICKING IN PERSONS.—The term Sec. 301. Codes of conduct. ‘‘trafficking in persons’’ has the meaning mechanism to prevent and respond to Sec. 302. Health services for refugees and allegations of sexual exploitation and given the term ‘‘severe forms of trafficking displaced persons. in persons’’ in section 103 of Trafficking Vic- abuse by peacekeepers. Sec. 303. Economic self-sufficiency of vul- tims Protection Act of 2000 (22 U.S.C. 7102). nerable populations affected by It establishes a fellowship with the (15) VULNERABLE POPULATIONS.—The term AID for someone with expertise and a humanitarian emergency. ‘‘vulnerable populations’’ means those peo- Sec. 304. International military education skills in preventing and responding to ple, such as women, children, the disabled, and training. violence and exploitation of those and the elderly, who by virtue of their status Sec. 305. Sense of Congress regarding actions are at a disadvantage in obtaining or access- made vulnerable by war. of United Nations peacekepers. It calls upon the United States Exec- ing goods and services. TITLE IV—PROTECTION OF VULNERABLE SEC. 4. FINDINGS. utive Director of the International POPULATIONS AFFECTED BY A HU- Congress makes the following findings: Bank of Reconstruction and Develop- MANITARIAN EMERGENCY (1) The nature of war has changed dramati- ment to try to make sure World Bank Sec. 401. Report regarding programs to pro- demobilization, disarmament, and re- cally in recent decades, putting civilians, es- tect vulnerable populations. pecially women and children, at greater risk integration programs extend the same Sec. 402. Protection assistance. of death, disease, displacement, and exploi- benefits that ex-combatants receive to SEC. 3. DEFINITIONS. tation. women and children who were associ- In this Act: (2) In the last decade alone, more than ated with them. (1) AGENCY.—The term ‘‘Agency’’ means 2,000,000 children have been killed during As it now stands, women and children the United States Agency for International wars, while more than 4,000,000 have survived who were used as cooks and porters and Development. physical mutilation, and more than 1,000,000 so called ‘‘wives,’’ a euphemism for (2) APPROPRIATE CONGRESSIONAL COMMIT- have been orphaned or separated from their women who were kidnaped to serve as TEES.—The term ‘‘appropriate congressional families as a result of war. committees’’ means the Committee on For- (3) The use of rape, particularly against sexual slaves, may well not be given a eign Relations of the Senate and the Com- women and girls, is an increasingly common single thing through these programs— mittee on International Relations of the tactic in modern war. nothing with which to rebuild their House of Representatives. (4) Civilians, particularly women and chil- lives despite the fact that they were (3) CHILDREN.—The term ‘‘children’’ means dren, account for the vast majority of those not there by choice. Yet the very peo- persons under the age of 18 years. adversely affected by humanitarian emer- ple who forced them into such condi- (4) COORDINATOR.—The term ‘‘coordinator’’ gencies, including as refugees and internally tions receive assistance with no qualms means the individual designated by the Sec- displaced persons, and increasingly are tar- or reservations. retary under section 102(a). geted by combatants and armed elements for (5) DEPARTMENT.—The term ‘‘Department’’ murder, abduction, forced military conscrip- Finally, it amends the Foreign As- means the Department of State. tion, involuntary servitude, displacement, sistance Act to authorize programs and (6) EXPLOITATION OF CHILDREN.—The term sexual abuse and slavery, mutilation, and activities specifically aimed at making ‘‘exploitation of children’’ includes— loss of freedom. people—especially women and chil- (A) adult sexual activity with children; (5) Large-scale natural disasters, such as dren—who are affected by humani- (B) kidnapping or forcibly separating chil- the tsunami that struck South East Asia, tarian emergencies safer from further dren from their families; South Asia, and East Africa on December 26, exploitation and abuse. (C) subjecting children to forced child 2004, and claimed over 200,000 lives, are par- This bill is by no means a panacea, labor; ticularly threatening to children, who are (D) forcing children to commit or witness often orphaned or separated from their fami- but it is a decent beginning. It is the acts of violence, including compulsory re- lies. least we can do to mitigate the ex- cruitment into armed forces or as combat- (6) Traditionally, the response to such hu- traordinary violence against women ants; and manitarian emergencies has focused on pro- and children in times of war and nat- (E) withholding or obstructing access of viding food, medical care, and shelter needs, ural disasters the results of which we children to food, shelter, medicine, and basic and has placed less emphasis on the safety see all too often in a world that seems human services. and security of those affected by a humani- to have gone mad. (7) HIV.—The term ‘‘HIV’’ means the tarian emergency. To do nothing in the face of it would human immunodeficiency virus, the virus (7) Refugee women and girls face particular that causes the acquired immune deficiency threats because of power inequities, includ- be sinful, inhumane, and wrong. syndrome (AIDS). ing being forced to exchange sex for food and I ask unanimous consent that the (8) HUMANITARIAN EMERGENCY.—The term humanitarian supplies, and being at in- text of the bill be printed in the ‘‘humanitarian emergency’’ means a situa- creased risk of rape and sexual exploitation RECORD. tion in which, due to a natural or manmade and abuse due to poor security in refugee There being no objection, the bill was disaster, civilians, including refugees and in- camps. ordered to be printed in the RECORD, as ternally displaced persons, require basic hu- (8) In some circumstances, humanitarian follows: manitarian assistance. agencies have failed to make individuals af- (9) INTER-AGENCY STANDING COMMITTEE.— fected by a humanitarian emergency, espe- S. 559 The term ‘‘Inter-Agency Standing Com- cially women and children, aware of their Be it enacted by the Senate and House of Rep- mittee’’ means the Inter-Agency Standing rights to protection and assistance, to give resentatives of the United States of America in Committee established in response to United them access to effective channels of redress, Congress assembled, Nations General Assembly Resolution 46/182 and to make humanitarian workers aware of SECTION 1. SHORT TITLE. of December 19, 1991. their duty to respect these rights and pro- This Act may be cited as the ‘‘Protection (10) PROTECTION.—The term ‘‘protection’’ vide adequate assistance. of Vulnerable Populations During Humani- means all appropriate measures to provide (9) Refugee and displaced women face tarian Emergencies Act of 2005’’. the physical and psychological security of, heightened risks of developing complications

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2261 during pregnancy, suffering a miscarriage, (4) develop mechanisms for the receipt and SEC. 303. ECONOMIC SELF-SUFFICIENCY OF VUL- dying, being injured during childbirth, be- distribution of reports to and from the public NERABLE POPULATIONS AFFECTED coming infected with HIV or another sexu- and relevant nongovernmental and inter- BY A HUMANITARIAN EMERGENCY. ally transmitted infection, or suffering from national organizations of evidence of sexual (a) AMENDMENTS TO MICROENTERPRISE ACT posttraumatic stress disorder. exploitation and abuse and exploitation of OF 2000.—Section 102 of the Microenterprise (10) Despite the heightened risks for children during a humanitarian emergency. for Self-Reliance Act of 2000 (22 U.S.C. 2151f women during a humanitarian emergency, (b) CONSULTATION.—In carrying out duties note) is amended— women’s needs for specialized health services under paragraphs (1) and (2) of subsection (a), (1) in paragraph (4)— have often been overlooked by donors and re- the Coordinator shall consult with inter-gov- (A) by redesignating subparagraphs (B), lief organizations, which are focused on pro- ernmental organizations and nongovern- (C), and (D) and subparagraphs (C), (D), and viding food, water, and shelter. mental organizations. (E), respectively; and (11) There is a substantial need for the pro- SEC. 202. PROTECTION TRAINING AND EXPER- (B) by inserting after subparagraph (A) the tection of civilians, especially women and TISE. following: children, to be given a high priority during (a) FELLOWSHIP PROGRAM.—The Adminis- ‘‘(B) Women displaced by armed conflict all humanitarian emergencies. trator of the United States Agency for Inter- are particularly at risk, lacking access to national Development is authorized to estab- traditional livelihoods and means for gener- TITLE I—PROGRAM AND POLICY lish a fellowship program at the Agency to ating income.’’; and COORDINATION increase the expertise of the personnel of the (2) in paragraph (13)— SEC. 101. REQUIREMENT TO DEVELOP COM- Agency in developing programs and policies (A) by redesignating subparagraph (B) as PREHENSIVE STRATEGY. to carry out activities related to the protec- subparagraph (C); and (a) IN GENERAL.—The Secretary shall, in tion of vulnerable populations, especially (B) by inserting after subparagraph (A) the consultation with the Administrator of the women and children, affected by a humani- following: United States Agency for International De- tarian emergency. ‘‘(B) Particular efforts should be made to velopment, develop a comprehensive strat- (b) TERM OF FELLOWSHIP.—An individual expand the availability of microcredit pro- egy for the protection of vulnerable popu- may participate in a fellowship under this grams to internally displaced persons, who lations, especially women and children, who section for a term of not more than 3 years. historically have not had access to such pro- are affected by a humanitarian emergency. (c) NUMBER OF FELLOWS.—The Adminis- grams.’’. The strategy shall include— trator is authorized to employ up to 10 fel- (b) AMENDMENT TO THE FOREIGN ASSIST- (1) measures to address the specific protec- lows at any one time under this program. ANCE ACT.—Section 256(b)(3) of the Foreign tion needs of women and children; (d) QUALIFICATION.—An individual is quali- Assistance Act of 1961 (22 U.S.C. 2212(b)(3)) is (2) training for personnel to respond to the fied to participate in a fellowship under this amended by inserting after ‘‘clients’’ the fol- specific needs of such vulnerable popu- section if such individual has the specific ex- lowing: ‘‘, including women lations; and pertise required— microentrepeneurs,’’. (3) measures taken to comply with section (1) to develop and implement policies and SEC. 304. INTERNATIONAL MILITARY EDUCATION 301. programs related to the protection of vulner- AND TRAINING. (b) REPORT.—Not later than 180 days after able populations, especially women and chil- Section 541 of the Foreign Assistance Act the date of the enactment of this Act, the dren; and of 1961 (22 U.S.C. 2347) is amended— Secretary shall submit to the appropriate (2) to promote the exchange of knowledge (1) by striking ‘‘or (iv)’’ and inserting congressional committees a report setting and experience between the Agency and enti- ‘‘(iv)’’; and forth the strategy described in subsection ties that assist the Agency in carrying out (2) by striking ‘‘rights.’’ and inserting (a). assistance programs. ‘‘rights, or (v) improve the protection of ci- SEC. 102. DESIGNATION OF COORDINATOR. TITLE III—PROTECTION OF REFUGEES vilians, especially women and children, in- (a) IN GENERAL.—Not later than 60 days AND INTERNALLY DISPLACED PERSONS cluding those who are refugees or displaced after the date of enactment of this Act, the SEC. 301. CODES OF CONDUCT. persons.’’. Secretary shall designate an individual with- None of the funds made available by the SEC. 305. SENSE OF CONGRESS REGARDING AC- in the Department or the Agency as the co- Department or Agency to provide assistance TIONS OF UNITED NATIONS PEACE- KEEPERS. ordinator to be responsible for the oversight under section 491 of the Foreign Assistance It is the sense of Congress that— and coordination of efforts by the Depart- Act of 1961 (22 U.S.C. 2292) or overseas assist- (1) the Secretary-General of the United Na- ment and the Agency to provide protection ance under section 2 of the Migration and tions should strengthen the existing ability for vulnerable populations, especially women Refugee Assistance Act of 1962 (22 U.S.C. of the United Nations Department of Peace- and children, affected by a humanitarian 2601) may be provided to a primary grantee keeping Operations to protect civilians, es- emergency. or contractor for the purpose of providing as- pecially women and children, from sexual ex- (b) CONSULTATION REQUIREMENT.—The Sec- sistance to refugees or internally displaced ploitation and abuse by personnel in peace retary shall consult with the Administrator persons unless such grantee or contractor operation missions by— of the United States Agency for Inter- has adopted a code of conduct that is con- (A) directing the Department of Peace- national Development in making a designa- sistent with the 6 core principles rec- keeping Operations to identify nongovern- tion under subsection (a). ommended by the Inter-Agency Standing mental organizations and local community (c) NOTIFICATION.—Not later than 5 days Committee. To the extent practicable, a officials to receive and communicate to sen- after designating an official as a coordinator grantee or contractor that has adopted such ior level mission officials credible reports under subsection (a), the Secretary shall in- a code of conduct shall ensure that sub- from civilians of sexual exploitation and form the appropriate congressional commit- grantees and subcontractors of such grantee abuse; tees of such designation. or contractor have adopted, or agree to act in accordance with, such a code of conduct. (B) ensuring that there is a mechanism in TITLE II—PREVENTION AND SEC. 302. HEALTH SERVICES FOR REFUGEES AND place for all credible allegations of sexual ex- PREPAREDNESS DISPLACED PERSONS. ploitation and abuse to be brought to the at- SEC. 201. REPORTING AND MONITORING SYS- (a) PROVISION OF HEALTH SERVICES TO VUL- tention of senior level mission officials in an TEMS. NERABLE POPULATIONS AFFECTED BY HUMANI- expedited fashion; (a) DUTIES OF COORDINATOR.—The coordi- TARIAN EMERGENCIES.—The coordinator shall (C) developing missions based rapid re- nator shall— seek to ensure that organizations funded by sponse teams to investigate allegations of (1) develop and maintain a database of his- the Department and the Agency for the pur- sexual exploitation and abuse; torical information about occurrences of sex- pose of responding to a humanitarian emer- (D) improving informational programs for ual exploitation and abuse, and other exploi- gency coordinate and implement activities United Nations personnel on their responsi- tation, of children during a humanitarian needed to respond to the health needs of vul- bility not to engage in acts of sexual exploi- emergency; nerable populations, especially women and tation and abuse and the sanctions for such (2) establish a reporting and monitoring children, as soon as practicable and not later actions; system for United States diplomatic mis- than 30 days after the onset of a humani- (E) identifying troop contributing coun- sions to collect and submit to the coordi- tarian emergency. tries that refuse to investigate allegations of nator information that indicates that vul- (b) ACTIVITIES DEFINED.—The activities re- sexual exploitation and abuse by nationals nerable populations, especially women and ferred to in subsection (a) include activities serving in peacekeeping missions; children, are being targeted for or are at sub- to— (F) permanently excluding individuals stantial risk of violence or exploitation in (1) prevent and manage the consequences found to have engaged in sexual abuse or ex- humanitarian emergencies; of sexual violence; ploitation, as well as troop contingent com- (3) assist United States diplomatic mis- (2) reduce transmission of HIV; manders and civilian managerial personnel sions in developing responses to situations (3) provide obstetric care; and complicit in such behavior, from partici- where there is a substantial risk of sexual (4) develop a plan to integrate women’s pating in future United Nations peace- exploitation and abuse or exploitation of health services into the primary health care keeping missions; and children that may occur during a humani- services provided during a humanitarian (G) demanding that troop contributing tarian emergency; and emergency. countries—

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2262 CONGRESSIONAL RECORD — SENATE March 8, 2005 (i) thoroughly investigate cases in which through the provision of training humani- in the wake of military conflict and their nationals have been alleged to have en- tarian protection monitors for refugees and natural disasters. gaged in sexual abuse or exploitation which internally displaced persons; The recent tsunami tragedy in the on United Nations peacekeeping missions; ‘‘(3) to conduct protection and security as- Indian Ocean region has highlighted and sessments for refugees and internally dis- this important issue. Tens of thousands (ii) punish those found guilty of such misplaced persons in camps or in communities conduct; for the purpose of improving the design and of children have lost family members (2) troop contributing states should ensure security of camps for refugees and internally and friends and are coping with un- that their soldiers are properly trained on displaced persons, with special emphasis on speakable trauma. Nearly 35,000 chil- United Nations guidelines regarding proper the security of women and children; dren have been orphaned, and many conduct towards civilians, in particular ‘‘(4) to provide, when practicable, edu- more have been separated from their those guidelines that address gender-based cation during a humanitarian emergency, in- families. These children face the immi- violence, before participating in United Na- cluding structured activities that create safe nent threats of hunger, disease, and ditions peace operation missions; spaces for children, in particular girls; arrhea. Beyond these dangers, children (3) the United Nations should suspend pay- ‘‘(5) to reintegrate and rehabilitate former are vulnerable to being trafficked for ment of peacekeeping funds to countries combatants and survivors of a humanitarian when there is credible evidence of sexual ex- emergency, including through education, sexual exploitation, forced labor, or ploitation and abuse by troops of such coun- psychosocial assistance and trauma coun- conscription. Without their families, tries that are participating in peacekeeping seling, family and community reinsertion, the children orphaned by the tsunami operations, and the governments of such medical assistance, and strengthening com- lack protection from predators who countries are not investigating or punishing munity systems to support sustained re- would profit from their tragedy. such conduct; and integration; During many of the humanitarian (4) the Secretary should consider a suspen- ‘‘(6) to establish registries and clearing- crises that we have witnessed over the sion of United States military assistance to houses to trace relatives and begin family re- last decade, including Rwanda, Bosnia, countries that do not— unification, with a specific focus on helping and Sudan, we have learned that (A) investigate allegations of sexual ex- children find their families; ploitation and abuse by troops participating ‘‘(7) to provide interim care and placement women and children are uniquely vul- in United Nations peacekeeping operations; for separated children and orphans, including nerable to sexual violence and exploi- or monitoring and followup services; tation. Over the course of the past (B) hold perpetrators of such abuse and ex- ‘‘(8) to provide legal services for survivors year, the world has heard accounts of ploitation accountable. of sexual exploitation, abuse, or torture, in- rape at the camps in Darfur in Western TITLE IV—PROTECTION OF VULNERABLE cluding the collection of evidence for war Sudan. Our bill aims to improve the POPULATIONS AFFECTED BY A HUMANI- crimes tribunals and advocacy for legal re- ability of the United States to protect TARIAN EMERGENCY form; and women and children, like those in the SEC. 401. ACTIONS TO SUPPORT PROTECTION. ‘‘(9) to provide to local law enforcement personnel working in areas affected by a hu- tsunami-affected region and in Darfur, (a) PROGRAMS OF THE INTERNATIONAL BANK manitarian emergency training in human from the additional dangers they face FOR RECONSTRUCTION AND DEVELOPMENT.— during a humanitarian emergency. Our The United States Executive Director of the rights law, particularly as it relates to the International Bank for Reconstruction and protection of women and children. bill calls for a coordinator for protec- ‘‘(b) AVAILABILITY OF ASSISTANCE.— Development should take steps to ensure tion issues and a strategy to improve Amounts made available to carry out this that disarmament, demobilization, and re- our ability to protect and respond to part and chapter 4 of part II may be made integration programs developed and funded the needs of women and children in available to carry out this section.’’. by the International Bank for Reconstruc- such crises. Our bill authorizes funding tion and Development provide benefits to Mr. LUGAR. Mr. President, I rise to for the specific health care needs of comment on International Women’s former combatants that are comparable to women during an emergency, the es- Day and to join Senator BIDEN in intro- the benefits provided by such programs to tablishment of registries and clearing- other individuals. ducing the Protection of Vulnerable houses to trace relatives and help chil- (b) REPORT REGARDING PROGRAMS TO AS- Populations During Humanitarian dren find their families, and legal serv- SIST CIVILIAN POLICE.—Not later than 180 Emergencies Act of 2005. days after the date of enactment of this Act, Today is International Women’s Day, ices for survivors of sexual exploitation the Secretary shall submit a report to the a day on which we celebrate the and abuse. In addition, the bill requires appropriate congressional committees on all progress of women and rededicate our- that any organization receiving U.S. current programs being conducted by the De- funds to assist in a humanitarian emer- partment or the Agency to assist foreign selves to overcoming the inequities facing women around the globe. In gency have in place a code of conduct countries with the enforcement of the laws forbidding its employees from sexually of such countries that are designed to pro- many places in the world, discrimina- tect women and children and improve action continues to deny women and girls abusing the victims of the crisis. Fi- countability for sexual exploitation and full political and economic equality. nally, our bill urges the United Nations abuse. The lives and health of women and to strengthen its policies concerning SEC. 402. PROTECTION ASSISTANCE. girls continue to be endangered by vio- sexual abuse and exploitation by UN Chapter 1 of part I of the Foreign Assist- lence that is directed at them simply personnel involved in UN peacekeeping ance Act of 1961 (22 U.S.C. 2151 et seq.) is because they are female. In recognition operations. I am hopeful that Senators amended by adding at the end the following will join me in backing this legislation. new section: of these issues, I co-sponsored a Reso- lution with Senators BIDEN and CLIN- ‘‘SEC. 135. ASSISTANCE FOR THE PROTECTION OF By Mr. DEWINE (for himself and TON commemorating International VULNERABLE POPULATIONS DUR- Mr. ROCKEFELLER): ING HUMANITARIAN EMERGENCIES. Women’s Day and reaffirming the Sen- S. 560. A bill to enhance disclosure of ‘‘(a) AUTHORITY.—Notwithstanding any ate’s commitment to improving the automobile safety information; to the other provision of law, and subject to the status of women worldwide. Committee on Commerce, Science, and limitations of subsection (b), the President is In addition, I am co-sponsoring with authorized to provide assistance for pro- Transportation. Senator BIDEN the Protection of Vul- grams, projects, and activities to promote nerable Populations During Humani- the security of, provide equal access to basic By Mr. DEWINE (for himself and services for, and safeguard the legal and tarian Emergencies Act of 2005, which Mr. ROCKEFELLER): human rights of civilians, especially women the Committee on Foreign Relations S. 561. A bill to improve child safety and children, who are affected by a humani- supported as an amendment to our For- in motor vehicles; to the Committee on tarian emergency. Such assistance shall in- eign Affairs Authorization Act for fis- Commerce, Science, and Transpor- clude programs— cal years 2006 and 2007. During humani- tation. ‘‘(1) to build the capacity of nongovern- tarian emergencies, women and chil- mental organizations to address the special dren become more vulnerable to a By Mr. DEWINE (for himself and protection needs of vulnerable populations, range of abuses including sexual ex- Mr. ROCKEFELLER): especially women and children, affected by a S. 562. A bill to amend title 23, humanitarian emergency; ploitation, trafficking and gender- ‘‘(2) to support local and international non- based violence. Our bill seeks to ensure United States Code, to improve the governmental initiatives to prevent, detect, that U.S. foreign assistance programs highway safety improvement program and report exploitation of children and sex- are a force for protecting women, chil- and provide for a proportional obliga- ual exploitation and abuse, including dren, and other vulnerable populations tion of amounts made available for the

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2263 highway safety improvement program; strumental in clearing these bills. So, ratings pure and simple, as graphical to the Committee on Environment and what I’m talking about today is a set star ratings on the label, just like Public Works. of bills that has already enjoyed the many automakers do in their commer- support of the Senate, and I believe we cials. By Mr. DEWINE (for himself and ought to pass each and every one of The bill requires that this be done in Mr. ROCKEFELLER): them again this year as a part of the a manner that can be clearly under- S. 563. A bill to improve driver licens- transportation reauthorization. In par- stood by your average car buyer, with ing and education, and for other pur- ticular, I look forward to working with short explanations as to what each rat- poses; to the Committee on Commerce, Senators STEVENS, LOTT, and INOUYE ing means. Science, and Transportation. on the Commerce Committee portion What impact would this have? I hap- of my transportation safety package. pen to believe the consumer is better By Mr. DEWINE (for himself and I am thankful for the support and as- off with more information than less in- Mr. ROCKEFELLER): S. 564. A bill to improve traffic safety sistance of Senator ROCKEFELLER as formation on whatever we are talking by discouraging the use of traffic sig- the lead co-sponsor on the first several about. The consumer ought to know nal preemption transmitters; to the bills—the vehicle safety bills—as well what the Government does. The con- Committee on the Judiciary. as Senator LAUTENBERG’S leadership as sumer ought to know that type of in- my chief co-sponsor on the drunk driv- formation. The consumer would make By Mr. DEWINE (for himself and ing prevention campaign bill. Both better choices. Consumers care about Mr. ROCKEFELLER): Senators are great leaders on highway safety. They will make better choices, S. 565. A bill to direct the National safety, and I’m pleased to be working and in all likelihood, they are going to Highway Traffic Safety Administration with them this year in an effort to get choose safer vehicles and more lives to establish and carry out traffic safety these bills signed into law. will, in fact, be saved. law enforcement and compliance cam- The first bill we call ‘‘Stars on Cars.’’ It just makes good common sense to paigns, and for other purposes; to the While its name is cute, its focus is do this. We have worked hard to fash- Committee on Commerce, Science, and quite serious. When you go to buy a ion a bill that gets this life-saving in- Transportation. new car, there is a large label in the formation to consumers in a way that Mr. DEWINE. Mr. President, the window detailing the price, features, is sensitive to the concerns of auto- number one killer of those between the gas mileage, and other information makers, as well as the NHTSA. We’ve ages of 4 and 34 in this country today is about the vehicle. This label is referred reached out to a broad coalition to auto fatalities. If you look at those be- to in the auto industry as the craft our bill for 2005, and I look for- tween the ages of 16 and 25, the figures ‘‘Monroney Label’’ after a former ward to working with interested par- are even more exaggerated. We all member of this body, Senator ties to continue to improve and shape know that in this country over 42,000 MONRONEY from Oklahoma. We all the language contained in it. In the Americans lose their lives every year know what the sticker looks like. end, this bill is my number one safety in auto accidents. That figure stays But, what we may not know is that priority for passage into law this year. fairly constant. The last year we have most of the content on that sticker is The second bill we call ‘‘Safe Kids figures for is 2003, and in that year, mandated by the Federal Government. and Cars.’’ Cars, unfortunately, are in- 42,643 of our fellow citizens lost their The mileage per gallon has been on volved in child deaths at unbelievable lives. there for a number of years. The Fed- rates. According to NHTSA data, auto- In fact, in the next 12 minutes, to be eral government says that your city mobile accidents happen to be the lead- precise, at least one person will be mileage has to be on there and your ing cause of death in the United States killed in an automobile accident in highway mileage has to be on there. It for children age 4 and up, and are right this country, while nearly six people has to tell you whether the vehicle has among the top causes for those ages 0 will be injured in just the next 60 sec- air-conditioning. It has to tell you to 3. onds. whether it has a stereo. It has to tell More than cancer, more than homi- This is a tragedy that we as a society you a whole bunch of other stuff. cide, more than fire, more than drown- are much too willing to tolerate. If a One piece of information is not on ing, more than anything else, auto ac- foreign enemy were doing this to us, we there—and that is the vehicle’s safety cidents are the source of child fatali- would not tolerate it. We would be up rating. ties. We have a problem. And, while I in arms. Someone said it is the equiva- The funny thing is that in the vast congratulate auto manufacturers, safe- lent of a 747 airplane going down every majority of cases, you have already ty groups, and NHTSA for working two days in this country. If that were paid to have the Federal Government— hard on this issue, there’s more work happening, of course, it would be on specifically the National Highway to be done. Anything we can do to CNN; we would be demanding an expla- Traffic Safety Administration make a car safer for our kids, we nation. Yet, these auto fatalities that (NHTSA)—spend millions of dollars to should be doing it. Complacency is not occur, hour-by-hour, day-by-day, just test that very car and others like it. In an option. go on, and for some reason, we have be- fact, the National Highway Traffic The focus of this bill is to improve come immune to it, hardened to it. Safety Administration has put that in- data collection and vehicle testing They just continue. formation up on the Internet. Nonethe- with regard to some specific dangers I come to the Floor today to discuss less, the basic fact is that when you go that small children face. NHTSA has five bills—five bills that my staff and I in to buy that car, that information is done an excellent job in terms of work- have been working on for a few years not available to you. It is not available ing from solid data, and this is one now—five bills that I will be intro- to the American consumer in the one area where unfortunately we just don’t ducing, but hope will be incorporated place where it would make a dif- have enough data to move forward. in the transportation bill we will be ference—where you buy the car, at the Likewise, we need the tools to perform considering in the next several weeks. dealership. effective vehicle tests once we have These bills are commonsense, practical Doing this right wouldn’t cost the those numbers, and my bill contains ways to save lives. Each bill is built on taxpayers another dime. The car com- measures to see to it that we develop solid evidence of what will, in fact, panies are already printing the labels. these tools. make a difference. These are bills that Under this legislation, we would add a In terms of testing, child-size dum- will, in fact, save lives. new section to the label titled ‘‘Gov- mies are an area where NHTSA needs Last year, the Senate passed each of ernment Safety Information.’’ The new to review its testing and look for areas these bills as a part of the SAFE-TEA section would clearly lay out informa- where increased use of these dummies transportation bill. I want to thank tion from each of the government crash would lead to increased safety, or a Senators INHOFE, JEFFORDS, BOND, tests—frontal crash impact, side im- better understanding of how crash REID, and MCCAIN for their assistance pact, and rollover resistance. For vehi- forces impact small children. My bill in making that happen. Our former col- cles that haven’t been tested yet, the directs NHTSA to conduct a full review league Senator HOLLINGS was also in- label will say so. We would show the of test procedures and incorporate

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2264 CONGRESSIONAL RECORD — SENATE March 8, 2005 these child dummies when and where them. Most States, fortunately, rank in exchange for large chunks of federal suitable. We also ask the agency to these roads. They keep a list of the bad aid. give a status update on the extremely ones. But, amazingly, there are many In some cases, States would like to important Hybrid-III 10-year-old child States that keep this information se- release the data but fear the legal test dummy. cret and don’t tell the public. ramifications of doing so. My bill con- The rest of the bill focuses on an Again, citizens have a right to know tains a fix for this that provides the emerging danger for small children this information. What would you do same kind of protection States already often referred to as ‘‘non-traffic, non- with the information? As a parent, I enjoy for other types of highway safety crash’’ accident situations. These are might tell my 16-year-old not to go data. In other words, no legal harm incidents in which interaction between that way to the movie. At least I have could come to a State for releasing an automobile and a child leads to in- the right to have that information and lists of dangerous locations under this jury or death when the vehicle is not would be able to say go another way. It bill. on the road, or where no actual crash might take another 10 minutes, but go Further, States need to find ways to has occurred. Instead, these are inci- that way. Don’t go by that intersec- get safety experts, law enforcement, dents that happen in parked cars, tion. Don’t go on that curvy road. engineers, transportation officials, and driveways, parking lots, and other very State Departments of Transportation the general public working together to common situations. Unfortunately, already have that information. identify and correct dangerous loca- these common situations can be deadly Each State should provide that infor- tions. I’ve borrowed language in my bill from last year’s Senate-passed under the wrong circumstances. mation to the public. They already A prime example of ‘‘non-traffic, know it, and they should provide it. SAFE–TEA bill—excellent language non-crash’’ dangers to small children Policymakers need to know that to drafted and passed by Senator INHOFE has to do with dangerous power window make decisions about how to spend and the Environment and Public Works switches. In many cases, children are money in that state and what roads to Committee that creates incentives for left alone in a vehicle and manage to fix. States to foster this kind of collabora- inadvertently activate a power window I would like to briefly talk about a tion. Collaboration between these enti- switch—a situation which can lead to woman by the name of Sandy Johnson ties is essential to finding quick, effec- the window moving up and crushing a and her mother Jacqueline. On October tive solutions to fatalities arising from limb or other part of the child’s body. 5, 2002, Sandy and Jacqueline were dangerous intersections, as well as long Some children are killed almost in- killed in a car crash at a dangerous stretches of roadway that account for stantaneously by the force of the rising intersection near Columbus. high crash rates. I am including the window. These incidents are not ter- What they did not know as they Committee’s language on Highway ribly frequent, but they are prevent- drove into that intersection—and what Safety Improvement Programs in my able at almost no cost to consumers countless other area residents who bill because I strongly believe that it is and manufacturers. used the roads that cross through it did a step in the right direction. Power windows are an area where not know at the time—was that this The fourth bill I am introducing has NHTSA has taken action since I last particular intersection was known at to do with driver education. Teen driving is an area where fatality rates are introduced the child safety bill, and I that time by the Ohio Department of extremely high and unfortunately want to pause to thank Dr. Jeffrey Transportation to be a very dangerous where programs across the country are Runge, NHTSA Administrator; Janette area. In fact, ODOT had indeed known not getting the job done. Fennel, President of the safety advo- that information for quite some time. Above average crash and fatality cacy group Kids and Cars; and several Perhaps if Sandy Johnson had known rates may be inevitable for teenage other groups for their work to make that she would have taken a different drivers, but they can certainly be re- the new power window safety rule pos- route that day. We will never know. duced substantially from present-day sible. The new rule, which I helped an- Following the tragic death of his wife levels. The Federal Government cannot nounce in Columbus late last year, will and his mother-in-law, Dean Johnson run driver education. It is clearly a lead to the elimination of unsafe power initiated a campaign to tackle the State responsibility. But it can play a window switches—switches that can be issue of dangerous roads and dangerous small, productive role. accidentally tripped by children with intersections, not just in Ohio, but For decades, our attempt to address ease—in every car and light truck sold across the country. He has tried with this problem—standard classroom- in the United States. It is clearly a varying results from state to state to based driver education—has been inef- step in the right direction, and it will get information on dangerous roads fective or worse, inspiring false con- save lives. and intersection locations out to the fidence in students and parents alike Unsafe power window switches show public so tragedies like the one involv- that graduates are ready to drive safe- one kind of ‘‘non-traffic, non-crash’’ ing his wife could be prevented. ly. Fortunately, we’ve started to move danger children face today. Were it not As I have in the past, I would like to in a new direction as a nation, with 41 for a one-time study of death certifi- thank Dean Johnson for his dedication States adding innovative graduated cates by NHTSA, we would have no to this very important public safety driver licensing (GDL) laws to their on- government data whatsoever on how issue and for the progress he has made going driver education efforts. These widespread this problem happens to be. in my home State of Ohio and else- new laws have been proven to be effec- We would not know much about other where in terms of getting critical life- tive in reducing accident and fatality types of ‘‘non-traffic, non-crash’’ dan- saving information out to citizens rates. While my bill contains language gers, such as backover incidents and through the Sandy Johnson Founda- to raise the bar on GDL laws and make heat exhaustion in closed vehicles. tion. His assistance has been an asset them more effective, its real emphasis These are areas where there is a clear in crafting this legislation, and I look is on finding a better way with respect need for better data collection and forward to working with him in the fu- to driver education. testing. My bill tackles each head-on. ture. Revitalized driver education needs to The ‘‘Safe Kids and Cars’’ bill directs My bill requires that safety informa- be data-driven and cognizant of the NHTSA to continue pushing forward on tion be disclosed to the public as an eli- limitations associated with classroom- ‘‘non-traffic, non-crash’’ incidents by gibility requirement for a new Federal based instruction. It must utilize new instituting, for the first time, regular safety funding program—the Highway ways of inculcating young drivers with collection of data on these kinds of ac- Safety Improvement Program. States the knowledge and skills they need to cidents. With time and some solid data, seeking additional Federal dollars for avoid unnecessary high-risk situations, we may be able to tackle other kinds of safety construction projects will have particularly in the first six months be- ‘‘non-traffic, non-crash’’ problems in to take the quick and easy step of iden- hind the wheel. Integration of driver the future. Understanding the problem tifying their danger spots, ranking education with the graduated driver li- is the first step. them according to severity, and then censing process to maximize the safety A third bill has to do with dangerous disclosing them to the public. I believe value of both programs also must be road intersections. Every State has this is the least we can ask from States addressed.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2265 Past failures in our Nation’s history tion, the American Motor Vehicle Ad- traffic light turn green without so with regard to driver education are not ministrators’ Association, AAA, the much as easing off the accelerator. The a reason to abandon these programs. Driving School Association of America, very technology that has for years al- They are a reason to go back to the Advocates for Auto and Highway Safe- lowed fire trucks, ambulances, and po- drawing board to re-invent more effec- ty, and several other groups to come up lice cars to get to emergencies faster— tive means of promoting safe driving. with the bill that will be introduced a remote control that changes traffic A recent study by the National Insti- today. Its contents are a compromise signals—is now much cheaper and po- tutes for Health sheds some light on that reflects significant input from tentially accessible.’’ the problem. The study suggests that each of these fine organizations, and I This ad demonstrates the extent to due to their unique brain development, believe we are now at a point where the which the potential widespread sale risk tolerance, and other tendencies— road ahead toward safer, more effective and possession of MIRT technology by teen drivers are naturally inclined to- driver education and licensing pro- drivers would be a hazard to public ward increased danger on the roads. grams is clear. The goals set by this safety and must be stopped before it Clearly, some methods used in driver bill are clear, and the means to achieve starts. The Congressional Fire Service education today aren’t getting the them are provided for in full. The time Institute, Ohio Fire Alliance, and sev- message through, and in some areas, has come to take serious action on eral other organizations have come out the message may never get through driver education and licensing in this in support of this measure. I look for- independent of who does the teaching. country. ward to working with my colleagues to NHTSA and its research partners Lastly, I’d like to introduce the Safe ensure that it becomes law. must find ways to tailor the content Intersections Act of 2005. This bill The sixth bill I am introducing today and delivery of driver education so that would criminalize the unauthorized is a bi-partisan bill aimed at reducing it recognizes these realities and focuses sale or use of mobile infrared transmit- the number of drinking and driving on areas where novice drivers can learn ters, also known as ‘‘MIRTs.’’ deaths and injuries on our roads. Trag- the skills necessary to be safer drivers. A MIRT is a remote control for ically, our Nation has experienced in- A NHTSA pilot program is currently changing traffic signals. These devices creases in alcohol-related traffic fatali- under way with several states to test have been used for years by ambu- ties three of the past four years. In out updated ‘‘best practices’’ driver lances, police cars, and fire trucks, and 2003—the last year for which full statis- education models—not mandates, not maintenance crews, allowing them to tics are available—17,013 Americans national standards, but just best prac- reach emergencies faster. As an ambu- died in alcohol-related incidents. This tices. lance approaches an intersection where total represents 40 percent of the 42,643 My bill responds to the call for na- the light is red, the driver engages the people killed in traffic incidents. tional leadership in driver education transmitter. That transmitter then The bill I am introducing today along and licensing made at a recent Na- sends a signal to a receiver on the traf- with Senator LAUTENBERG—the Traffic tional Transportation Safety Board fic light, which changes to green with- Safety Law Enforcement Campaign forum by creating a Driver Education in a few seconds. This is a very useful Act—would require states to conduct a and Licensing Improvement Program tool when properly used in emergency combined media/law enforcement cam- within NHTSA. The new Improvement situations. paign aimed at reducing drunk driving Program will provide NHTSA with the In a 2002 survey, the U.S. Department fatalities. Specifically, the law enforce- resources and time it needs to run the of Transportation found that in the top ment portion consists of sobriety pilot program and then evaluate the re- 78 metropolitan areas, there are 24,683 checkpoints in the District of Colum- sults to see what works and what traffic lights equipped with the sen- bia and in the 39 States that allow doesn’t. sors. In Ohio, there is a joint pilot them and saturation patrols in those Once this pilot program has run its project underway by the Washington states that do not. The Centers for Dis- course, my bill provides a modest Township Fire Department and the ease Control estimate that the sobriety amount of grant funding to supply Dublin Police Department to install checkpoints proposed in the underlying states with the resources and technical these devices. Other areas in Ohio bill may reduce alcohol related crashes expertise necessary to implement the where they are in use include Mentor, by as much as 20 percent. Law enforce- ‘‘best practices’’ model in a way that Twinsburg, Willoughby, and ment officials from across the United fits their specific needs and cir- Westerville. Here in the District of Co- States underscored this point in a re- cumstances. The grants will be com- lumbia, emergency services across the cent conference sponsored by MADD, petitively awarded, and also will be country, law enforcement officers, fire making high visibility enforcement available for fulfillment of several departments, and paramedics utilize campaigns a top priority. More than 75 other state needs with regard to novice this technology to make communities percent of the public has indicated in driver education and licensing. This safer. NHTSA polls their support for sobriety grant program is 100 percent voluntary, However, recently it has come to checkpoints. In fact, NHTSA has con- and my bill has been crafted carefully light that this technology may be sold cluded that 62 percent of Americans to ensure that the prerogatives of to unauthorized individuals—individ- want sobriety checkpoints to be used States are protected in every manner. uals who want to use this technology more often. The areas ripe for improvement are to bypass red lights during their com- These six bills will go a long way. numerous: instructor certification, mute or during their everyday driving. They are common sense. They will curriculum improvement, outreach to MIRT was never intended for this use. make a difference. This is something I increase parental involvement, en- MIRT technology—in the hands of un- have been interested in for many years, forcement of graduated driver licensing authorized users—could result in traf- going back to my time in the Ohio Leg- laws, and follow-up testing to ensure fic problems, like gridlock, or even islature 20 years ago when I introduced program effectiveness. These are just a worse, accidents in which people are in- the drunk driving bill, and we were few examples. By creating a National jured or killed. able to pass a tough drunk driving bill Driver Education and Licensing Im- Let me quote from an ad that was in the Ohio Legislature. I worked for provement Program within NHTSA, posted on the Internet auction site, .08. It was very controversial in the and tasking that program to come up eBay: Senate, but we were able to pass .08. with best practices, we can help States ‘‘Tired of sitting at endless red Senator LAUTENBURG and I worked on interested in improving their programs lights? Frustrated by lights that turn that. do so without having to expend the from green to red too quickly, trapping Anytime you lose 42,643 Americans time and resources necessary to ‘‘re-in- you in traffic? The MIRT light changer every year, highway safety is some- vent the wheel’’ on their own. used by police and other emergency ve- thing we all have to be concerned I have worked for over a year with hicles Change the Traffic Signal Red to about. NHTSA, the American Driver Training Green [for] only $499.00. Traffic Signal I know the SAFE–TEA highway bill and Safety Education Association, the Changing Devices—it’s every motor- is not on the Floor yet, but I have seen Governors’ Highway Safety Associa- ist’s fantasy to be able to make a red it, and of course was pleased to support

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2266 CONGRESSIONAL RECORD — SENATE March 8, 2005 it on the Floor last year. As passed by requirements under subsections (g) and (h) of ganizations with respect to the delivery of the Senate in 2004, the bill goes farther section 3 of the Automobile Information Dis- program information; and than any highway bill regard to safety. closure Act, as added by subsection (a). (D) make information related to child safe- (c) APPLICABILITY.—The labeling require- This year’s bill from the Environment ty available to the public via the Internet ments under subsections (g) and (h) of sec- and other means. and Public Works Committee will en- tion 3 of such Act (as added by subsection (c) REPORT ON VEHICLE VISIBILITY.—Not able the same great progress on high- (a)), and the regulations prescribed under later than 2 years after the date of the enact- way safety. I congratulate the authors. subsection (b), shall apply to new auto- ment of this Act, the Secretary of Transpor- In the weeks ahead, I look forward to mobiles delivered on or after— tation shall submit a report to Congress on working with the respective commit- (1) September 1, 2006, if the regulations the extent to which driver visibility of the tees and outside organizations on the under subsection (b) are prescribed not later area immediately surrounding ølight pas- than August 31, 2005; or senger vehicles¿ and obstructions to such bills I have described above as amend- (2) September 1, 2007, if the regulations ments to the 2005 SAFE–TEA bill. But, visibility affect pedestrian safety, including under subsection (b) are prescribed after Au- the safety of infants and small children, in I want to make it very clear that these gust 31, 2005. nontraffic, noncrash situations. bills and amendments are not in any SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (d) REPORT ON ENHANCED VEHICLE SAFETY way critical of the underlying bill. In There are authorized to be appropriated to TECHNOLOGIES.—Not later than 18 months fact, I hope they will be complemen- the Secretary of Transportation, to accel- after the date of the enactment of this Act, tary and simply add to a good product erate the testing processes and increasing the Secretary of Transportation shall submit the number of vehicles tested under the New to Congress a report that describes, evalu- that is already a good product and will Car Assessment Program of the National help to improve it. ates, and determines the relative effective- Highway Traffic Safety Administration— ness of— I ask unanimous consent that the (1) $15,000,000 for fiscal year 2006; text of the bills be printed in the (1) currently available and emerging tech- (2) $8,134,065 for fiscal year 2007; nologies, including auto-reverse functions, (3) $8,418,760 for fiscal year 2008; RECORD. that are designed to prevent and reduce the (4) $8,713,410 for fiscal year 2009; and There being no objection, the bills number of injuries and deaths to children (5) $9,018,385 for fiscal year 2010. were ordered to be printed in the left unattended inside parked motor vehi- RECORD, as follows: S. 561 cles, including injuries and deaths that re- S. 560 Be it enacted by the Senate and House of Rep- sult from hyperthermia or are related to resentatives of the United States of America in Be it enacted by the Senate and House of Rep- power windows or power sunroofs; and Congress assembled, resentatives of the United States of America in (2) currently available and emerging tech- SECTION 1. SHORT TITLE. Congress assembled, nologies that are designed to prevent deaths This Act may be cited as the ‘‘Safe Kids and injuries to small children resulting from SECTION 1. SHORT TITLE. and Cars Act of 2005’’. vehicle blind spots and backover incidents. This Act may be cited as the ‘‘Stars on (a) INCORPORATION OF CHILD DUMMIES IN (e) DATABASE ON INJURIES AND DEATHS IN Cars Act of 2005’’. SAFETY TESTS.— NONTRAFFIC, NONCRASH EVENTS.— SEC. 2. AMENDMENT OF AUTOMOBILE INFORMA- (1) REVIEW PROCESS REQUIRED.—Not later (1) IN GENERAL.—The Secretary of Trans- TION DISCLOSURE ACT. than 2 years after the date of the enactment portation shall maintain a database of, and (a) SAFETY LABELING REQUIREMENT.—Sec- of this Act, the Administrator of the Na- regularly collect data regarding, injuries and tion 3 of the Automobile Information Disclo- tional Highway Traffic Safety Administra- deaths in nontraffic, noncrash events involv- sure Act (15 U.S.C. 1232) is amended— tion shall conduct a review process to in- ing motor vehicles. The database shall in- (1) in subsection (e), by striking ‘‘and’’ at crease utilization of child dummies, includ- clude information regarding— the end; ing Hybrid-III child dummies, in motor vehi- (A) the number, types, and proximate (2) in subsection (f)— cle safety tests, including crash tests, con- causes of injuries and deaths resulting from (A) in paragraph (3), by inserting ‘‘and’’ ducted by the Administration. such events; after the semicolon; and (2) CRITERIA.—In conducting the review (B) the characteristics of motor vehicles (B) by striking the period at the end and process under subsection (a), the Adminis- involved in such events; inserting a semicolon; and trator shall select motor vehicle safety tests (C) the characteristics of the motor vehicle (3) by adding at the end the following: in which the inclusion of child dummies will operators and victims involved in such ‘‘(g) if 1 or more safety ratings for such lead to— events; and automobile have been assigned and formally (A) increased understanding of crash dy- (D) the presence or absence in motor vehi- published or released by the National High- namics with respect to children; and cles involved in such events of advanced way Traffic Safety Administration under the (B) measurably improved child safety. technologies designed to prevent such inju- New Car Assessment Program, information (3) PUBLIC INPUT.—The Secretary of Trans- ries and deaths. about safety ratings that— portation shall solicit and consider input (2) REGULATIONS.—The Secretary shall pre- ‘‘(1) includes a graphic depiction of the from the public regarding the review process scribe regulations regarding how to struc- number of stars, or other applicable rating, under paragraph (1). ture and compile the database. The Sec- that corresponds to each such assigned safe- (4) REPORT.—Not later than 1 year after ty rating displayed in a clearly differen- the date of the enactment of this Act, the retary shall solicit and consider input from tiated fashion indicating the maximum pos- Secretary shall publish a report regarding the public regarding data collection proce- sible safety rating; the implementation of this section. The re- dures and the structure of the database ‘‘(2) refers to frontal impact crash tests, port shall include information regarding the maintained under paragraph (1). side impact crash tests, and rollover resist- current status of the Hybrid-III 10 year old (3) DEADLINES.—The Secretary shall— ance tests (whether or not such automobile child test dummy. (A) complete the prescription of regula- has been assigned a safety rating for such (b) CHILD SAFETY INFORMATION PRO- tions and the consideration of public input tests); GRAMS.— under paragraph (2) not later than Sep- ‘‘(3) contains information describing the (1) IN GENERAL.—Not later than 18 months tember 1, 2006; and nature and meaning of the crash test data after the date of the enactment of this Act, (B) commence the collection of data under presented and a reference to additional vehi- the Secretary of Transportation shall supple- paragraph (1) not later than January 1, 2007. cle safety resources, including http:// ment ongoing consumer information pro- (4) AVAILABILITY.—The Secretary shall www.safecar.gov; and grams relating to child safety with informa- make the database maintained under para- ‘‘(4) is presented in a legible, visible, and tion regarding hazards to children in non- graph (1) available to the public. prominent fashion and covers at least— traffic, noncrash accident situations. S. 562 ‘‘(A) 8 percent of the total area of the (2) ACTIVITIES TO SUPPLEMENT INFORMA- Be it enacted by the Senate and House of Rep- label; or TION.—In supplementing such programs, the resentatives of the United States of America in ‘‘(B) an area with a minimum length of 41⁄2 Secretary shall— Congress assembled, 1 inches and a minimum height of 3 ⁄2 inches; (A) utilize information collected in the SECTION 1. SHORT TITLE. and database maintained under subsection (e) re- This Act may be cited as the ‘‘Safe Streets ‘‘(h) if an automobile has not been tested garding nontraffic, noncrash injuries, as well and Highways Act of 2005’’. by the National Highway Traffic Safety Ad- as other relevant data from private organizations, to establish priorities for the program; SEC. 2. HIGHWAY SAFETY IMPROVEMENT PRO- ministration under the New Car Assessment GRAM. Program, or safety ratings for such auto- (B) address ways in which parents can (a) SAFETY IMPROVEMENT.— mobile have not been assigned in one or mitigate dangers to small children arising (1) IN GENERAL.—Section 148 of title 23, more rating categories, a statement to that from preventable causes, including backover United States Code, is amended to read as effect.’’. incidents, hyperthermia in closed vehicles, follows: (b) REGULATIONS.—Not later than January and accidental activation of power windows; 1, 2006, the Secretary of Transportation shall (C) partner with national child safety re- ‘‘§ 148. Highway safety Improvement program issue regulations to implement the labeling search organizations and other interested or- ‘‘(a) DEFINITIONS.—In this section:

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‘‘(1) DRIVER CONDITIONING.—The term ‘driv- ‘‘(4) SAFETY PROJECT UNDER ANY OTHER SEC- ‘‘(C) evaluates the plan on a regular basis er conditioning’ means the process by which TION.— to ensure the accuracy of the data and pri- drivers learn to respond to specific road con- ‘‘(A) IN GENERAL.—The term ‘safety project ority of proposed improvements; and ditions and traffic patterns that generally under any other section’ means a project ‘‘(D) submits to the Secretary an annual remain consistent over time, making the carried out for the purpose of safety under report that— driver susceptible to error when confronted any other section of this title. ‘‘(i) describes, in a clearly understandable with minor changes in those road conditions ‘‘(B) INCLUSION.—The term ‘safety project fashion, not less than 25 percent of locations or traffic patterns. under any other section’ includes a project determined by the State, using criteria es- ‘‘(2) HIGHWAY SAFETY IMPROVEMENT PRO- to— tablished in accordance with paragraph GRAM.—The term ‘highway safety improve- ‘‘(i) promote the awareness of the public (2)(B)(ii), as exhibiting the most severe safe- ment program’ means the program carried and educate the public concerning highway ty needs; and out under this section. safety matters; or ‘‘(ii) contains an assessment of— ‘‘(3) HIGHWAY SAFETY IMPROVEMENT ‘‘(ii) enforce highway safety laws. ‘‘(I) potential remedies to hazardous loca- PROJECT.— ‘‘(5) STATE HIGHWAY SAFETY IMPROVEMENT tions identified; ‘‘(A) IN GENERAL.—The term ‘highway safe- PROGRAM.—The term ‘State highway safety ‘‘(II) estimated costs associated with those ty improvement project’ means a project de- improvement program’ means projects or remedies; and scribed in the State strategic highway safety strategies included in the State strategic ‘‘(III) impediments to implementation plan that— highway safety plan carried out as part of other than cost associated with those rem- ‘‘(i) corrects or improves a hazardous road the State transportation improvement pro- edies. location or feature; or gram under section 135(f). ‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGH- ‘‘(ii) addresses a highway safety problem. ‘‘(6) STATE STRATEGIC HIGHWAY SAFETY WAY SAFETY PROBLEMS AND OPPORTUNITIES.— ‘‘(B) INCLUSIONS.—The term ‘highway safe- PLAN.—The term ‘State strategic highway As part of the State strategic highway safety ty improvement project’ includes a project safety plan’ means a plan developed by the plan, a State shall— for— ‘‘(i) an intersection safety improvement; State transportation department that— ‘‘(A) have in place a crash data system ‘‘(ii) pavement and shoulder widening (in- ‘‘(A) is developed after consultation with— with the ability to perform safety problem cluding addition of a passing lane to remedy ‘‘(i) a highway safety representative of the identification and countermeasure analysis; an unsafe condition); Governor of the State; ‘‘(B) based on the analysis required by sub- ‘‘(iii) installation of rumble strips or an- ‘‘(ii) regional transportation planning or- paragraph (A)— other warning device, if the rumble strips or ganizations and metropolitan planning orga- ‘‘(i) identify hazardous locations, sections, other warning devices do not adversely affect nizations, if any; and elements (including roadside obstacles, the safety or mobility of bicyclists and pe- ‘‘(iii) representatives of major modes of railway-highway crossing needs, and un- destrians; transportation; marked or poorly marked roads) that con- ‘‘(iv) installation of a skid-resistant sur- ‘‘(iv) State and local traffic enforcement stitute a danger to motorists, bicyclists, pe- face at an intersection or other location with officials; destrians, and other highway users; and a high frequency of accidents; ‘‘(v) persons responsible for administering ‘‘(ii) using such criteria as the State deter- ‘‘(v) an improvement for pedestrian or bi- section 130 at the State level; mines to be appropriate, establish the rel- cyclist safety; ‘‘(vi) representatives conducting Operation ative severity of those locations, in terms of ‘‘(vi)(I) construction of any project for the Lifesaver; accidents, injuries, deaths, traffic volume elimination of hazards at a railway-highway ‘‘(vii) representatives conducting a motor levels, and other relevant data; crossing that is eligible for funding under carrier safety program under section 31104 or ‘‘(C) adopt strategic and performance- section 130, including the separation or pro- 31107 of title 49; based goals that— tection of grades at railway-highway cross- ‘‘(viii) motor vehicle administration agen- ‘‘(i) address traffic safety, including behav- ings; cies; and ioral and infrastructure problems and oppor- ‘‘(II) construction of a railway-highway ‘‘(ix) other major State and local safety tunities on all public roads; crossing safety feature; or stakeholders; ‘‘(ii) focus resources on areas of greatest ‘‘(III) the conduct of a model traffic en- ‘‘(B) analyzes and makes effective use of need; and forcement activity at a railway-highway State, regional, or local crash data; ‘‘(iii) are coordinated with other State crossing; ‘‘(C) addresses engineering, management, highway safety programs; ‘‘(vii) construction of a traffic calming fea- operation, education, enforcement, and ‘‘(D) advance the capabilities of the State ture; emergency services elements (including inte- for traffic records data collection, analysis, ‘‘(viii) elimination of a roadside obstacle; grated, interoperable emergency commu- and integration with other sources of safety ‘‘(ix) improvement of highway signage and nications) of highway safety as key factors data (such as road inventories) in a manner pavement markings, including improve- in evaluating highway projects; that— ments designed to implement minimum ‘‘(D) considers safety needs of, and high-fa- ‘‘(i) complements the State highway safety retroflectivity standards in compliance with tality segments of, public roads; program under chapter 4 and the commercial section 406 of the Department of Transpor- ‘‘(E) considers the results of State, re- vehicle safety plan under section 31102 of tation and Related Agencies Appropriations gional, or local transportation and highway title 49; Act, 1993 (106 Stat. 1564), and signage de- safety planning processes; ‘‘(ii) includes all public roads; signed to identify high-crash locations or ad- ‘‘(F) describes a program of projects or ‘‘(iii) identifies hazardous locations, sec- dress driver conditioning hazards; strategies to reduce or eliminate safety haz- tions, and elements on public roads that con- ‘‘(x) installation of a priority control sys- ards; stitute a danger to motorists, bicyclists, pe- tem for emergency vehicles at signalized ‘‘(G) is approved by the Governor of the destrians, and other highway users; and intersections; State or a responsible State agency; and ‘‘(iv) includes a means of identifying the ‘‘(xi) installation of a traffic control or ‘‘(H) is consistent with the requirements of relative severity of hazardous locations de- other warning device at a location with high section 135(f). scribed in clause (iii) in terms of accidents, accident potential; injuries, deaths, and traffic volume levels; ‘‘(xii) safety-conscious planning; ‘‘(b) PROGRAM.— ‘‘(xiii) improvement in the collection and ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(E)(i) determine priorities for the correc- analysis of crash data; carry out a highway safety improvement tion of hazardous road locations, sections, ‘‘(xiv) planning, integrated, interoperable program. and elements (including railway-highway emergency communications, equipment, ‘‘(2) PURPOSE.—The purpose of the highway crossing improvements), as identified operational activities, or traffic enforcement safety improvement program shall be to through crash data analysis; activities (including police assistance) relat- achieve a significant reduction in traffic fa- ‘‘(ii) identify opportunities for preventing ing to workzone safety; talities and serious injuries on public roads. the development of such hazardous conditions; and ‘‘(xv) installation of guardrails, barriers ‘‘(c) ELIGIBILITY.— ‘‘(iii) establish and implement a schedule (including barriers between construction ‘‘(1) IN GENERAL.—To obligate funds appor- work zones and traffic lanes for the safety of tioned under section 104(b)(5) to carry out of highway safety improvement projects for motorists and workers), and crash attenu- this section, a State shall have in effect a hazard correction and hazard prevention; and ators; State highway safety improvement program ‘‘(F)(i) establish an evaluation process to ‘‘(xvi) the addition or retrofitting of struc- under which the State— analyze and assess results achieved by high- tures or other measures to eliminate or re- ‘‘(A) develops and implements a State stra- way safety improvement projects carried out duce accidents involving vehicles and wild- tegic highway safety plan that identifies and in accordance with procedures and criteria life; or analyzes highway safety problems and oppor- established by this section; and ‘‘(xvii) installation and maintenance of tunities as provided in paragraph (2); ‘‘(ii) use the information obtained under signs (including fluorescent, yellow-green ‘‘(B) produces a program of projects or clause (i) in setting priorities for highway signs) at pedestrian-bicycle crossings and in strategies to reduce identified safety prob- safety improvement projects. school zones. lems; ‘‘(d) ELIGIBLE PROJECTS.—

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‘‘(1) IN GENERAL.—A State may obligate and pedestrian improvements in the State a ‘‘(A) IN GENERAL.—For the highway safety funds apportioned to the State under section percentage of the funds remaining after im- improvement program, in accordance with 104(b)(5) to carry out— plementation of sections 130(e) and 150, in an the following formula: ‘‘(A) any highway safety improvement amount that is equal to or greater than the ‘‘(i) 25 percent of the apportionments in project on any public road or publicly owned percentage of all fatal crashes in the States the ratio that— bicycle or pedestrian pathway or trail; or involving bicyclists and pedestrians. ‘‘(I) the total lane miles of Federal-aid ‘‘(B) as provided in subsection (e), for other ‘‘(i) ROADWAY SAFETY IMPROVEMENTS FOR highways in each State; bears to safety projects. OLDER DRIVERS AND PEDESTRIANS.—For each ‘‘(II) the total lane miles of Federal-aid ‘‘(2) USE OF OTHER FUNDING FOR SAFETY.— of fiscal years 2005 through 2010, $25,000,000 is highways in all States. ‘‘(A) EFFECT OF SECTION.—Nothing in this authorized to be appropriated out of the ‘‘(ii) 40 percent of the apportionments in section prohibits the use of funds made Highway Trust Fund (other than the Mass the ratio that— available under other provisions of this title Transit Account) for projects in all States to ‘‘(I) the total vehicle miles traveled on for highway safety improvement projects. improve traffic signs and pavement mark- lanes on Federal-aid highways in each State; ‘‘(B) USE OF OTHER FUNDS.—States are en- ings in a manner consistent with the rec- bears to couraged to address the full scope of their ommendations included in the publication of ‘‘(II) the total vehicle miles traveled on safety needs and opportunities by using the Federal Highway Administration enti- lanes on Federal-aid highways in all States. funds made available under other provisions tled ‘Guidelines and Recommendations to ‘‘(iii) 35 percent of the apportionments in of this title (except a provision that specifi- Accommodate Older Drivers and Pedestrians the ratio that— cally prohibits that use). (FHWA-RD-01-103)’ and dated October 2001.’’. ‘‘(I) the estimated tax payments attrib- ‘‘(e) FLEXIBLE FUNDING FOR STATES WITH A (2) ALLOCATIONS OF APPORTIONED FUNDS.— utable to highway users in each State paid STRATEGIC HIGHWAY SAFETY PLAN.— Section 133(d) of title 23, United States Code, into the Highway Trust Fund (other than the ‘‘(1) IN GENERAL.—To further the imple- is amended— Mass Transit Account) in the latest fiscal mentation of a State strategic highway safe- (A) by striking paragraph (1); year for which data are available; bears to ty plan, a State may use up to 25 percent of (B) by redesignating paragraphs (2) ‘‘(II) the estimated tax payments attrib- the amount of funds made available under through (5) as paragraphs (1) through (4), re- utable to highway users in all States paid this section for a fiscal year to carry out spectively; into the Highway Trust Fund (other than the safety projects under any other section as (C) in paragraph (2) (as redesignated by Mass Transit Account) in the latest fiscal provided in the State strategic highway safe- subparagraph (B))— year for which data are available. ty plan. (i) in the first sentence of subparagraph ‘‘(B) MINIMUM APPORTIONMENT.—Notwith- ‘‘(2) OTHER TRANSPORTATION AND HIGHWAY (A)— standing subparagraph (A), each State shall SAFETY PLANS.—Nothing in this subsection (I) by striking ‘‘subparagraphs (C) and (D)’’ receive a minimum of 1⁄2 of 1 percent of the requires a State to revise any State process, and inserting ‘‘subparagraph (C)’’; and funds apportioned under this paragraph.’’. plan, or program in effect on the date of en- (II) by striking ‘‘80 percent’’ and inserting (c) ELIMINATION OF HAZARDS RELATING TO actment of this section. ‘‘90 percent’’; RAILWAY-HIGHWAY CROSSINGS.— ‘‘(f) REPORTS.— (ii) in subparagraph (B), by striking ‘‘tobe’’ (1) FUNDS FOR RAILWAY-HIGHWAY CROSS- ‘‘(1) IN GENERAL.—A State shall submit to and inserting ‘‘to be’’; INGS.—Section 130(e) of title 23, United the Secretary a report that— (iii) by striking subparagraph (C); States Code, is amended by inserting before ‘‘(A) describes progress being made to im- (iv) by redesignating subparagraphs (D) ‘‘At least’’ the following: ‘‘For each fiscal plement highway safety improvement and (E) as subparagraphs (C) and (D), respec- year, at least $200,000,000 of the funds author- projects under this section; tively; and ized and expended under section 148 shall be ‘‘(B) assesses the effectiveness of those im- (v) in subparagraph (C) (as redesignated by available for the elimination of hazards and provements; and clause (iv)), by adding a period at the end; the installation of protective devices at rail- ‘‘(C) describes the extent to which the im- and way-highway crossings.’’. provements funded under this section con- (D) in paragraph (4)(A) (as redesignated by (2) BIENNIAL REPORTS TO CONGRESS.—Sec- tribute to the goals of— subparagraph (B)), by striking ‘‘paragraph tion 130(g) of title 23, United States Code, is ‘‘(i) reducing the number of fatalities on (2)’’ and inserting ‘‘paragraph (1)’’. amended in the third sentence— roadways; (3) ADMINISTRATION.—Section 133(e) of title (A) by inserting ‘‘and the Committee on ‘‘(ii) reducing the number of roadway-re- 23, United States Code, is amended in each of Commerce, Science, and Transportation,’’ lated injuries; paragraphs (3)(B)(i), (5)(A), and (5)(B) of sub- after ‘‘Public Works’’; and ‘‘(iii) reducing the occurrences of roadway- section (e), by striking ‘‘(d)(2)’’ each place it (B) by striking ‘‘not later than April 1 of related crashes; appears and inserting ‘‘(d)(1)’’. each year’’ and inserting ‘‘every other year’’. ‘‘(iv) mitigating the consequences of road- (4) CONFORMING AMENDMENTS.— (3) EXPENDITURE OF FUNDS.—Section 130 of way-related crashes; and (A) The analysis for chapter 1 of title 23, title 23, United States Code, is amended by ‘‘(v) reducing the occurrences of roadway- United States Code, is amended by striking adding at the end the following: railroad grade crossing crashes. the item relating to section 148 and inserting ‘‘(k) EXPENDITURE OF FUNDS.—Funds made ‘‘(2) CONTENTS; SCHEDULE.—The Secretary the following: shall establish the content and schedule for available to carry out this section shall be— ‘‘148. Highway safety improvement pro- a report under paragraph (1). ‘‘(1) available for expenditure on compila- gram’’. tion and analysis of data in support of activi- ‘‘(3) TRANSPARENCY.—The Secretary shall make reports under subsection (c)(1)(D) (B) Section 104(g) of title 23, United States ties carried out under subsection (g); and available to the public through— Code, is amended in the first sentence by ‘‘(2) apportioned in accordance with sec- ‘‘(A) the Internet site of the Department; striking ‘‘sections 130, 144, and 152 of this tion 104(b)(5).’’. and title’’ and inserting ‘‘sections 130 and 144’’. (d) TRANSITION.— ‘‘(B) such other means as the Secretary de- (C) Section 126 of title 23, United States (1) IMPLEMENTATION.—Except as provided termines to be appropriate. Code, is amended— in paragraph (2), the Secretary shall approve ‘‘(4) DISCOVERY AND ADMISSION INTO EVI- (i) in subsection (a), by inserting ‘‘under’’ obligations of funds apportioned under sec- DENCE OF CERTAIN REPORTS, SURVEYS, AND IN- after ‘‘State’s apportionment’’; and tion 104(b)(5) of title 23, United States Code FORMATION.—Notwithstanding any other pro- (ii) in subsection (b)— (as added by subsection (b)) to carry out sec- vision of law, reports, surveys, schedules, (I) in the first sentence, by striking ‘‘the tion 148 of that title, only if, not later than lists, or data compiled or collected for any last sentence of section 133(d)(1) or to section October 1 of the second fiscal year after the purpose directly relating to paragraph (1) or 104(f) or to section 133(d)(3)’’ and inserting date of enactment of this Act, a State has subsection (c)(1)(D), or published by the Sec- ‘‘section 104(f) or 133(d)(2)’’; and developed and implemented a State strategic retary in accordance with paragraph (3), (II) in the second sentence, by striking ‘‘or highway safety plan as required under sec- shall not be subject to discovery or admitted 133(d)(2)’’. tion 148(c) of that title. into evidence in a Federal or State court (D) Sections 154, 164, and 409 of title 23, (2) INTERIM PERIOD.— proceeding or considered for other purposes United States Code, are amended by striking (A) IN GENERAL.—Before October 1 of the in any action for damages arising from any ‘‘152’’ each place it appears and inserting second fiscal year after the date of enact- occurrence at a location identified or ad- ‘‘148’’. ment of this Act and until the date on which dressed in such reports, surveys, schedules, (b) APPORTIONMENT OF HIGHWAY SAFETY IM- a State develops and implements a State lists, or other data. PROVEMENT PROGRAM FUNDS.—Section 104(b) strategic highway safety plan, the Secretary ‘‘(g) FEDERAL SHARE OF HIGHWAY SAFETY of title 23, United States Code, is amended— shall apportion funds to a State for the high- IMPROVEMENT PROJECTS.—Except as provided (1) in the matter preceding paragraph (1), way safety improvement program and the in sections 120 and 130, the Federal share of by inserting after ‘‘Improvement program,’’ State may obligate funds apportioned to the the cost of a highway safety improvement the following: ‘‘the highway safety improve- State for the highway safety improvement project carried out with funds made avail- ment program,’’; and program under section 148 for projects that able under this section shall be 90 percent. (2) by adding at the end the following: were eligible for funding under sections 130 ‘‘(h) FUNDS FOR BICYCLE AND PEDESTRIAN ‘‘(5) HIGHWAY SAFETY IMPROVEMENT PRO- and 152 of that title, as in effect on the day SAFETY.—A State shall allocate for bicycle GRAM.— before the date of enactment of this Act.

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(B) NO STRATEGIC HIGHWAY SAFETY PLAN.— ‘‘(I) perform such other functions relating ‘‘(1) the day-to-day operational expenses, If a State has not developed a strategic high- to motor vehicle driver education or licens- including employee salaries and facilities way safety plan by October 1 of the second ing as the Secretary may require. costs, of publicly or privately administered fiscal year after the date of enactment of ‘‘(3) Not later than 3 years after the date of driver education programs; or this Act, but demonstrates to the satisfac- enactment of the Driver Licensing and Edu- ‘‘(2) the activities described in subpara- tion of the Secretary that progress is being cation Improvement Act of 2005, the Admin- graphs (A) through (C) of subsection (b)(2) in made toward developing and implementing istrator shall submit to Congress a report on fiscal year 2006 or 2007.’’. such a plan, the Secretary shall continue to the progress made by the National Driver Li- (2) CLERICAL AMENDMENT.—The table of apportion funds for 1 additional fiscal year censing and Education with respect to the sections at the beginning of chapter 4 of title for the highway safety improvement pro- functions described in paragraph (2).’’. 23, United States Code, is amended by adding gram under section 148 of title 23, United (b) GRANT PROGRAM FOR IMPROVEMENT OF at the end the following: DRIVER EDUCATION AND LICENSING.— States Code, to the State, and the State may ‘‘412. Driver education and licensing.’’. continue to obligate funds apportioned to (1) AUTHORITY.—Chapter 4 of title 23, (c) STUDY OF NATIONAL DRIVER EDUCATION the State under this section for projects that United States Code, is amended by adding at STANDARDS.— were eligible for funding under sections 130 the end the following: (1) REQUIREMENT FOR STUDY.—The Sec- and 152 of that title, as in effect on the day ‘‘§ 412. Driver education and licensing retary of Transportation shall conduct a before the date of enactment of this Act. ‘‘(a) AUTHORITY.— study to determine whether the establish- (C) PENALTY.—If a State has not adopted a ‘‘(1) IN GENERAL.—The Secretary shall es- ment and imposition of nationwide min- strategic highway safety plan by the date tablish a program to provide grants to imum standards of motor vehicle driver edu- that is 2 years after the date of enactment of States to— cation would improve national highway traf- this Act, funds made available to the State ‘‘(A) improve motor vehicle driver edu- fic safety or the performance and legal com- under section 1101(6) shall be redistributed to cation programs; and pliance of novice drivers. other States in accordance with section ‘‘(B) establish and improve the administra- (2) TIME FOR COMPLETION OF STUDY.—The 104(b)(3) of title 23, United States Code. tion of graduated licensing systems, includ- Secretary shall complete the study not later S. 563 ing systems described in section 410(b)(1)(D). than 2 years after the date of enactment of Be it enacted by the Senate and House of Rep- ‘‘(2) PROGRAM ADMINISTRATION.—The Sec- retary shall administer the program estab- this Act. resentatives of the United States of America in (3) REPORT.—The Secretary shall publish a Congress assembled, lished under this section through the Na- tional Driver Licensing and Education Im- report on the results of the study under this SECTION 1. SHORT TITLE. section not later than 2 years after the study This Act may be cited as the ‘‘Driver Li- provement Program. ‘‘(b) RULEMAKING.— is completed. censing and Education Improvement Act of (d) AUTHORIZATION OF APPROPRIATIONS.— 2005’’. ‘‘(1) ELIGIBILITY REQUIREMENTS.—Not later than 18 months after the date of enactment (1) IN GENERAL.—There are authorized to be SEC. 2. DRIVER LICENSING AND EDUCATION. of this section, the Secretary shall issue reg- appropriated $25,000,000 for each of the fiscal (a) NATIONAL DRIVER LICENSING AND EDU- ulations, which describe the eligibility re- years 2006 through 2010 to carry out section CATION IMPROVEMENT PROGRAM.—Section 105 quirements, application and approval proce- 412 of title 23, United States Code, as added of title 49, United States Code, is amended by by subsection (b). adding at the end the following: dures and standards, and authorized uses of grant funds awarded under this section. (2) AVAILABILITY.—Funds appropriated pur- ‘‘(f)(1) There is established, within the Na- suant to paragraph (1) for fiscal years 2006 ‘‘(2) USE OF FUNDS.—The regulations issued tional Highway Traffic Safety Administra- and 2007 may be used for the National Driver tion, the National Driver Licensing and Edu- under this subsection shall authorize the use Licensing and Education Improvement Pro- cation Improvement Program. of grant funds— ‘‘(2) The National Driver Licensing and ‘‘(A) for quality assurance testing, includ- gram established under section 105(f) of title Education Improvement Program shall— ing followup testing to monitor the effec- 49, United States Code. (e) GRANTS FOR SUPPORT OF ALCOHOL-IM- ‘‘(A) provide States with services for co- tiveness of— PAIRED DRIVING COUNTERMEASURES.— ordinating the motor vehicle driver edu- ‘‘(i) driver licensing and education pro- (1) REVISED ELIGIBILITY REQUIREMENTS.— cation and licensing programs of the States; grams; Section 410(b)(1)(D) of title 23, United States ‘‘(B) develop, and make available to the ‘‘(ii) instructor certification testing; and Code, is amended to read as follows: States, a cooperatively developed, research- ‘‘(iii) other statistical research designed to ‘‘(D) GRADUATED LICENSING SYSTEM.—A based model for novice driver motor vehicle evaluate the performance of driver education multiple-stage graduated licensing system driver education and graduated licensing and licensing programs; for young drivers that— that incorporates the best practices in driver ‘‘(B) to improve motor vehicle driver edu- ‘‘(i) authorizes the issuance of an initial li- education and graduated licensing; cation curricula; cense or learner’s permit to a driver on or ‘‘(C) carry out such research and undertake ‘‘(C) to train instructors for motor vehicle after the driver’s 16th birthday; such other activities that the Administrator driver education programs; ‘‘(ii) makes it unlawful for a person under determines appropriate to develop and con- ‘‘(D) to test and evaluate motor vehicle age 21 to operate a motor vehicle with a tinually improve the model described in sub- driver performance; blood alcohol concentration of .02 percent or paragraph (B); ‘‘(E) for public education and outreach re- greater; ‘‘(D) provide States with voluntary tech- garding motor vehicle driver education and ‘‘(iii) provides for a learning stage of at nical assistance for the implementation and licensing; and least 6 months and an intermediate stage of deployment of the model described in sub- ‘‘(F) to improve State graduated licensing at least 6 months; and paragraph (B) through pilot programs and programs and carry out related enforcement ‘‘(iv) applies the following restrictions and other means; activities. features to the stages described in clause ‘‘(E) develop and recommend to the States ‘‘(3) CONSULTATION REQUIREMENT.—In pre- (iii) and to such other stage or stages as may methods for harmonizing the presentation of scribing regulations under this subsection, be provided under State law: motor vehicle driver education and licensing the Secretary shall consult with— ‘‘(I) A restriction that not more than 2 pas- with the requirements of multistage grad- ‘‘(A) the heads of such Federal depart- sengers under age 18 may occupy a vehicle uated licensing systems, including systems ments and agencies as the Secretary con- while it is being operated by a young driver. described in section 410(b)(1)(D) of title 23, siders appropriate on the basis of relevant ‘‘(II) Nighttime driving restrictions appli- and to demonstrate and evaluate the effec- interests or expertise; cable, at a minimum, during the hours be- tiveness of those methods in selected States; ‘‘(B) appropriate officials of the govern- tween 10:00 p.m. and 5:00 a.m. ‘‘(F) develop programs identifying best ments of States and political subdivisions of ‘‘(III) Special penalties (including delays in practices for the certification of driver edu- States; and progression through the stages of the grad- cation instructors; ‘‘(C) other experts and organizations recog- uated licensing system) for violations of re- ‘‘(G) provide States with financial assist- nized for expertise, with respect to novice strictions under the system and violations of ance under section 412 of title 23 for— drivers, in— other State laws relating to operation of ‘‘(i) the implementation of the motor vehi- ‘‘(i) graduated driver licensing; motor vehicles.’’. cle driver education and licensing com- ‘‘(ii) publicly administered driver edu- (2) EFFECTIVE DATE.—The amendment prehensive model recommended under sub- cation; or made by paragraph (1) shall take effect 1 paragraph (B); ‘‘(iii) privately administered driver edu- year after the date of enactment of this Act. ‘‘(ii) the establishment or improved admin- cation. istration of multistage graduated licensing ‘‘(c) MATCHING REQUIREMENT.—The amount S. 564 systems; and of grant funds awarded for a program, ‘‘(iii) the support of other improvements in project, or activity under this section may Be it enacted by the Senate and House of Rep- motor vehicle driver education and licensing not exceed 75 percent of the total cost of resentatives of the United States of America in programs; such program, project, or activity. Congress assembled, ‘‘(H) evaluate the effectiveness of the com- ‘‘(d) PROHIBITED ACTIVITIES.—Grant funds SECTION 1. SHORT TITLE. prehensive model recommended under sub- provided to States under this section may This Act may be cited as the ‘‘Safe Inter- paragraph (B); and not be used to finance— sections Act of 2005’’.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2270 CONGRESSIONAL RECORD — SENATE March 8, 2005 SEC. 2. SAFE INTERSECTIONS. SEC. 3. FUNDING. gibles will require adequate outreach, (a) IN GENERAL.—Chapter 2 of title 18, (a) IN GENERAL.—There are authorized to education, and time to adjust to a United States Code, is amended by adding at be appropriated out of the Highway Trust change of this magnitude. The stakes the end the following: Fund (other than from the Mass Transit Ac- are extremely high for this population. ‘‘§ 39. Traffic signal preemption transmitters count) to the Administrator to carry out this Act $150,000,000 for each of fiscal years 2006 Over half are limited in activities of ‘‘(a) OFFENSES.— through 2011, of which— daily living. Many live alone or in ‘‘(1) SALE.—A person who knowingly sells a (1) $48,000,000 shall be used for each fiscal nursing homes. And, in comparison to traffic signal preemption transmitter in or year for nationwide advertising by the Ad- other Medicare beneficiaries, dual eli- affecting interstate or foreign commerce to a ministration; person who is not acting on behalf of a public gibles are much more likely to have (2) $48,000,000 shall be made available each agency or private corporation authorized by heart disease, pulmonary disease, dia- fiscal year by the Administrator to States law to provide fire protection, law enforce- betes, or Alzheimer’s. Therefore, it is for advertising; ment, emergency medical services, transit absolutely critical that we get this (3) $48,000,000 shall be made available each services, maintenance, or other services for a fiscal year by the Administrator to States transition right the first time. Federal, State, or local government entity, for traffic safety law enforcement; and The Centers for Medicare and Med- shall, notwithstanding section 3571(b) of title (4) $6,000,000 shall be available to the Ad- icaid Services (CMS) has taken several 18, United States Code, be fined not more ministrator for evaluation of the program steps to improve the transition of the than $10,000, imprisoned not more than 1 under section 2. dual eligibles from Medicaid to Medi- year, or both. (b) PROGRAM STANDARDS.—Within 120 days care. However, I fear these steps do not ‘‘(2) USE.—A person who makes unauthor- after the date of enactment of this Act, the ized use of a traffic signal preemption trans- go far enough. Automatic enrollment Administrator shall promulgate program does not guarantee that beneficiaries mitter in or affecting interstate or foreign standards and criteria for the use of funds commerce shall be fined not more than under subsection (a)(2) and (3) that will en- will know that they have been enrolled $10,000, imprisoned not more than 6 months, sure the effective and appropriate use of such in a new Medicare drug plan or know or both. funds in accordance with this Act, taking how to access necessary prescription ‘‘(b) DEFINITIONS.—In this section, the fol- into account State efforts, needs, adminis- drugs using that drug plan. Once bene- lowing definitions apply: trative resources, and priorities. ficiaries are enrolled, they are likely to ‘‘(1) TRAFFIC SIGNAL PREEMPTION TRANS- (c) APPORTIONMENT.—The Administrator experience ongoing confusion about MITTER.—The term ‘traffic signal preemption shall apportion funds under subsection (a)(2) transmitter’ means any mechanism that can covered drugs, authorized pharmacies, and (3) among the States on the same basis and the Medicare appeals process. change or alter a traffic signal’s phase time as funds are apportioned among the States or sequence. under section 402(c) of title 23, United States In its June 2004 report to Congress, ‘‘(2) UNAUTHORIZED USE.—The term ‘unau- Code. the Medicare Payment Advisory Com- thorized use’ means use of a traffic signal mission (MedPAC) suggested that even preemption transmitter by a person who is By Mr. ROCKEFELLER (for him- large, private employers need at least not acting on behalf of a public agency or self, Mr. KENNEDY, Mr. CORZINE, six months to transition their employ- private corporation authorized by law to provide fire protection, law enforcement, emer- and Mr. LAUTENBERG): ees’ drug coverage from one pharmacy gency medical services, transit services, S. 566. A bill to continue State cov- benefit manager to another. The two maintenance, or other services for a Federal, erage of medicaid prescription drug large employers that MedPAC studied State, or local government entity. The term coverage to medicare dual eligible had 25,000 and 75,000 employees, respec- ‘unauthorized use’ does not apply to use of a beneficiaries for 6 months while still tively. The states and the federal gov- traffic signal preemption transmitter for allowing the medicare part D benefit to ernment are taking on a far more com- classroom or instructional purposes.’’. be implemented as scheduled; to the plex task with 6.4 million dual eligi- (b) CHAPTER ANALYSIS.—The chapter anal- Committee on Finance. bles, and should have at least six ysis for chapter 2 of title 18, United States Mr. ROCKEFELLER. Mr. President, Code, is amended by adding at the end the months to transition the duals to following: millions of seniors and disabled Ameri- Medicare in order prevent major dis- cans are facing a major disruption in ‘‘39. Traffic signal preemption transmit- ruptions in access to prescription ters.’’. their health care when the Medicare drugs. I am pleased to be joined today by S. 565 prescription drug law goes into effect on January 1, 2006. On that singular my distinguished colleagues in the Be it enacted by the Senate and House of Rep- resentatives of the United States of America in date, 6.4 million dual eligibles—individ- Senate, Senators KENNEDY, CORZINE, Congress assembled, uals who are eligible for both Medicare and LAUTENBERG, as well my distin- SECTION 1. SHORT TITLE. and full Medicaid benefits—will lose guished co-sponsor in the House of Rep- This Act may be cited as the ‘‘Traffic Safe- their Medicaid prescription drug cov- resentatives, Congressman TOM ALLEN ty Law Enforcement Campaign Act’’. erage regardless of whether they have of Maine, in introducing the Medicare SEC. 2. TRAFFIC SAFETY LAW ENFORCEMENT obtained coverage through a Medicare Dual Eligible Prescription Drug Cov- CAMPAIGNS. Part D prescription drug plan and re- erage Act of 2005. This important legis- (a) IN GENERAL.—The Administrator of the gardless of whether their Part D plan’s lation would extend the dual eligible National Highway Traffic Safety Adminis- coverage is as broad as their State’s transition period to six months in tration shall establish a program to conduct Medicaid coverage. Such a short transi- order to achieve the best possible at least 3 high-visibility traffic safety law health outcomes for some of our Na- enforcement campaigns each year. tion period leaves no time to address (b) FOCUS.—The campaigns shall focus on— the inevitable problems that will occur tion’s most vulnerable citizens. An ex- (1) reducing alcohol-impaired driving; with a transition of this magnitude. tended timeframe would give states (2) increasing seat belt use; and Dual eligibles should have as smooth enough time to carry out comprehen- (3) a combination of reducing alcohol-im- a transition as possible to Medicare sive education and outreach initia- paired driving and increasing seat belt use. prescription drug coverage. Unfortu- tives. It would also give seniors and in- (c) ADVERTISING.—The Administrator may nately, a smooth transition is not what dividuals with disabilities time to ex- use, or authorize the use of, funds available will happen under current law. The plore their options and gradually tran- to carry out this section for the develop- Medicare prescription drug law only re- ment, production, and use of broadcast and sition to Medicare Part D. print media advertising in carry out this sec- quires a six-week transition period for Specifically, the Medicare Dual Eligi- tion. dual eligibles, from November 15, 2005, ble Prescription Drug Coverage Act of (d) EVALUATION AND REPORT.—The Admin- to January 1, 2006. This is the largest 2005 would extend the availability of istrator shall evaluate the effectiveness of transition of individuals from one in- Medicaid prescription drug coverage the campaigns at the end of each year and, surance program to another, public or for six months while still allowing the not later than 90 days after the end of each private, and it is unrealistic to believe Part D benefit to be implemented as year, submit a report to the Committee on that such a huge transition can take scheduled. Since states would be tem- Commerce, Science, and Transportation of porarily supplementing Medicare Part the Senate and the Committee on Transpor- place in the span of six weeks. tation and Infrastructure of the House of Moving a large number of seniors and D, they would be fully relieved of any Representatives that sets forth the findings, people with disabilities to an entirely ‘‘clawback’’ responsibilities during the conclusions, and recommendations of the Ad- new system for prescription drug cov- six-month transition. This legislation ministrator with respect to the program. erage is a major undertaking. Dual eli- would also provide dedicated resources

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2271 for education and outreach to the dual must work to guarantee as smooth a transi- Services, in consultation with the Centers eligibles, including additional re- tion as possible for dual eligibles so that no for Disease Control and Prevention, the Ad- sources for State Health Insurance As- dual eligible is without prescription drug ministration on Aging, and the Social Secu- sistance Programs (SHIPs). Finally, coverage even for one day. rity Administration, to develop and imple- SEC. 3. CONTINUING STATE COVERAGE OF MED- ment a standardized protocol to collect data the Medicare Dual Eligible Prescrip- ICAID PRESCRIPTION DRUG COV- from health departments and other sources tion Drug Coverage Act would require ERAGE TO MEDICARE DUAL ELIGI- in 10 representative urban and rural commu- CMS to share drug utilization data BLE BENEFICIARIES FOR 6 MONTHS. nities on the impact of the transition of full with state Medicaid programs so that (a) SIX-MONTH TRANSITION.—For prescrip- benefit dual eligible individuals (as so de- states can appropriately coordinate tions filled during the period beginning on fined) from prescription drug coverage under non-prescription drug coverage for the January 1, 2006, and ending on June 30, 2006, the medicaid program to prescription drug section 1935(d) of the Social Security Act (42 coverage under part D of the medicare pro- duals. U.S.C. 1396u–5(d)) shall not apply and, not- This is an issue of fundamental fair- gram. Such protocol shall be implemented withstanding any other provision of law, a by not later than July 1, 2005. ness. The Medicare law provides Medi- State (as defined for purposes of title XIX of (B) MONITORING.—The protocol developed care beneficiaries who are not dually such Act) shall continue to provide (and re- under subparagraph (A) shall include for the eligible for Medicaid six months to ceive Federal financial participation for) monitoring of the following information transition to Medicare prescription medical assistance under such title with re- with respect to such full benefit dual eligible drug coverage. Dual eligibles should spect to prescription drugs as if such section individuals: not be treated any differently. Medi- 1935(d) had not been enacted. (i) Emergency room visit rates. care’s universality is something I (b) APPLICATION.— (ii) Hospitalization rates. (1) MEDICARE AS PRIMARY PAYER.—Nothing fought hard for during the Medicare de- (iii) Nursing home placement rates. in subsection (a) shall be construed as chang- (iv) Deaths. bate. I strongly believe low-income ing or affecting the primary payer status of (C) COLLECTION BY PDPS AND MA–PDS.—The seniors and disabled individuals should a prescription drug plan or an MA–PD plan protocol developed under subparagraph (A) not be excluded from Medicare benefits under part D of title XVIII of the Social Se- shall require that such data be collected by because of their income levels. The curity Act with respect to prescription drugs the prescription drug plans and the MA–PDs Medicare law should not merely sup- furnished to any full-benefit dual eligible in- in which the individuals are enrolled and in- port the principle of universality in dividual (as defined in section 1935(c)(6) of clude information on race and ethnicity. statute. It must also support uni- such Act (42 U.S.C. 1396u–5(c)(6)) during the (D) REPORTS.—Not later than January 1, 6-month period described in such subsection. versality in fact, and that means Medi- 2006, and July 1, 2006, the Administrator of (2) THIRD PARTY LIABILITY.—Nothing in the Centers for Medicare & Medicaid Serv- care beneficiaries who are dually eligi- subsection (a) shall be construed as limiting ices, in consultation with the Centers for ble for Medicaid must also be given the authority or responsibility of a State Disease Control and Prevention, the Admin- enough time to make a smooth transi- under section 1902(a)(25) of the Social Secu- istration on Aging, and the Social Security tion to Medicare. rity Act (42 U.S.C. 1396a(a)(25)) to seek reim- Administration, shall submit a report to I look forward to working with my bursement from a prescription drug plan, an Congress on the implementation of the pro- colleagues to pass this important legis- MA–PD plan, or any other third party, of the tocol under subparagraph (A). lation. I ask that the full text of this costs incurred by the State in providing pre- (b) NEW AMOUNTS.—There are appropriated scription drug coverage described in such to the Secretary of Health and Human Serv- bill, be printed in the RECORD. subsection. There being no objection, the bill was ices, to be transferred from the Federal Hos- SEC. 4. DELAY IN IMPLEMENTATION OF MED- pital Insurance Trust Fund and the Federal ordered to be printed in the RECORD, as ICAID CLAWBACK PAYMENTS. Supplementary Medical Insurance Trust follows: Notwithstanding section 1935(c) of the So- Fund, for fiscal year 2005 and each subse- S. 566 cial Security Act (42 U.S.C. 1396u–5(c)), a quent fiscal year, an amount not to exceed Be it enacted by the Senate and House of Rep- State or the District of Columbia shall not $50,000,000 (or if greater, an amount equal to resentatives of the United States of America in be required to provide for a payment under $1 multiplied by the number of individuals Congress assembled, such section to the Secretary of Health and entitled to benefits under part A of title SECTION 1. SHORT TITLE. human Services for any month prior to July XVIII of the Social Security Act or enrolled This Act may be cited as the ‘‘Medicare 1, 2006. under part B of such title for the year) in Dual Eligible Prescription Drug Coverage SEC. 5. EDUCATION AND OUTREACH TO DUAL order award grants to States under section Act of 2005’’. ELIGIBLES REGARDING PRESCRIP- 4360 of the Omnibus Budget Reconciliation TION DRUG COVERAGE AND MONI- Act of 1990 (42 U.S.C. 1395b–4). SEC. 2. FINDINGS. TORING OF THE TRANSITION OF XTENSION OF VAILABILITY OF MOUNTS The Senate finds the following: DUAL ELIGIBLES TO PRESCRIPTION (c) E A A (1) Individuals who are dually eligible for DRUG COVERAGE UNDER MEDI- APPROPRIATED UNDER MMA.—Section 1015(b) benefits under the medicare program and full CARE. of the Medicare Prescription Drug, Improve- benefits under the medicaid program— (a) MMA AMOUNTS.—Notwithstanding any ment, and Modernization Act of 2003 (Public (A) are among the most vulnerable popu- other provision of law, of the amounts appro- Law 108–173; 117 Stat. 2446) is amended by lations in our society; and priated for the Centers for Medicare & Med- striking ‘‘September 30, 2005’’ and inserting (B) require adequate outreach, education, icaid Services under section 1015(a)(1) of the ‘‘September 30, 2006’’. and timing in order to adjust to changes in Medicare Prescription Drug, Improvement, SEC. 6. COLLECTION AND SHARING OF DUAL ELI- our health care delivery system. and Modernization Act of 2003 (Public Law GIBLE DRUG UTILIZATION DATA. (2) The transition of 6,400,000 dual eligibles 108–173; 117 Stat. 2446), the following rules (a) IN GENERAL.—Section 1860D–42 of the from prescription drug coverage under the shall apply: Social Security Act (42 U.S.C. 1395w–152) is medicaid program to prescription drug cov- (1) EDUCATION AND OUTREACH TO DUALS.— amended by adding at the end the following erage under part D of the medicare program $100,000,000 shall be used to provide education new subsection: is the largest transition ever of individuals and outreach, including through one-on-one ‘‘(c) COLLECTION AND SHARING OF DUAL ELI- from one insurance program to another. counseling and application assistance, to GIBLE DRUG UTILIZATION DATA.— (3) In its June 2004 report to Congress, the full-benefit dual eligible individuals (as de- ‘‘(1) PLAN REQUIREMENT.—A PDP sponsor of Medicare Payment Advisory Commission fined in section 1935(c)(6) of the Social Secu- a prescription drug plan and an MA organiza- (MedPAC) suggested that large, private em- rity Act (42 U.S.C. 1396u–5(c)(6))) regarding tion offering an MA–PD plan shall submit to ployers with 75,000 employees or less need at prescription drug coverage under part D of the Secretary such information regarding least 6 months to transition their employees’ title XVIII of the such Act. Of such amount— the drug utilization of enrollees in such drug coverage from one pharmacy benefit (A) at least $20,000,000 (but in no case more plans who are full-benefit dual eligible indi- management company to another such com- than $50,000,000) shall be used to award viduals (as defined in section 1935(c)(6)) as pany. The States and the Federal Govern- grants to States under section 4360 of the the Secretary determines appropriate to ment are taking on a far more complex task Omnibus Budget Reconciliation Act of 1990 carry out paragraph (2). with 6,400,000 dual eligibles having to make (42 U.S.C. 1395b–4) to provide such education ‘‘(2) COLLECTION AND SHARING OF DATA.— the transition described in paragraph (2). and outreach; and The Secretary shall collect data on the drug (4) Timely access to prescription drugs (B) the remaining amount shall be used to utilization of full-benefit dual eligible indi- leads to higher quality of life and prevents provide funding to community-based organi- viduals (as so defined). The Secretary shall avoidable emergency room visits, hos- zations that work with full-benefit dual eli- share such data with the States and the Dis- pitalizations, and premature nursing home gible individuals (as so defined) in order to trict of Columbia in as close to a real-time placements. provide such education and outreach. basis as possible.’’. (5) Since even a short-term gap in prescrip- (2) MONITORING IMPACT ON DUALS.— (b) EFFECTIVE DATE.—The amendment tion drug coverage could have serious health (A) IN GENERAL.—$50,000,000 shall be used made by subsection (a) shall take effect as if consequences for dual eligibles, Congress by the Centers for Medicare & Medicaid included in the enactment of section 101(a) of

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2272 CONGRESSIONAL RECORD — SENATE March 8, 2005 the Medicare Prescription Drug, Improve- The ability for children to partici- safe play is that non-profit, volunteer ment, and Modernization Act of 2003 (Public pate in sporting events provides our so- organizations establish rules to provide Law 108–173; 117 Stat. 2071). ciety many benefits that government a safe place to play. These organiza- SEC. 7. GAO STUDY ON THE CLAWBACK FOR- cannot provide. Studies have shown tions are made up of professional peo- MULA. (a) STUDY.— that these benefits include betterment ple who are in the business of providing (1) IN GENERAL.—The Comptroller General to a child’s health, academic perform- children a fun and safe avenue for ath- of the United States shall conduct a study on ance, social development and safety. letic exercise. Organizations like the the clawback formula contained in section The most obvious benefit of organized Boys and Girls Club, the National 1935(c) of the Social Security Act (42 U.S.C. sports is physical fitness. The National Council of Youth Sports, the National 1396u–5(c)), as added by section 103(b) of the Institute of Health Care Maintenance Federation of State High School Asso- Medicare Prescription Drug, Improvement, has identified physical activity such as ciations and others exist largely to es- and Modernization Act of 2003 (Public Law sports as a key factor in the mainte- tablish rules in order to minimize the 108–173; 117 Stat. 2155). nance of a healthy body. Lack of phys- risk of injury our children face while (2) REQUIREMENTS.—The study conducted under paragraph (1) shall include a full ex- ical activity, along with unhealthy eat- participating in sports. No matter how amination of— ing habits, has been identified as the well these organizations perform their (A) disincentives for States to enroll full- leading cause of obesity in children. work, however, boys and girls will be benefit dual eligible individuals (as defined The center notes: ‘‘Physical activity injured. in section 1935(c)(6) of the Social Security provides numerous mental and physical Over the last several years, more and Act (42 U.S.C. 1396u–5(c)(6))) in the medicaid benefits to health, including reduction more of these rule making bodies have program or part D of title XVIII of the So- in the risk of premature mortality, become targets for lawsuits seeking to cial Security Act; cardiovascular diseases, hypertension, prove that the rule maker was neg- (B) the 6-month delay in States receiving diabetes, depression, and cancers.’’ A ligent in making the rules of play. rebate data; Cooper Institute for Aerobics Research These lawsuits claim that had a dif- (C) the prescription drug cost containment ferent rule been in place, the injury measures implemented by States after 2003; study indicated, ‘‘Low fitness outranks and fatness as a risk factor for mortality.’’ would not have happened. Indeed, these (D) issues relating to States having to pay By encouraging our children to partici- suits place rule makers into a Catch– more for prescription drug coverage for full pate in organized sports, we increase 22. A child can be injured in almost any benefit dual eligible individuals (as so de- physical fitness and fight obesity. situation no matter how a rule is writ- fined) than they otherwise would have if the A second benefit in the participation ten. The result has been to have more Medicare Prescription Drug, Improvement, of organized sports is an increase in and more lawsuits. and Modernization Act of 2003 (Public Law academic performance. The National As a consequence, the insurance pre- 108–173; 117 Stat. 2066 et seq.) had not been Institute of Health Care Maintenance miums of these organizations have enacted. risen dramatically over the past sev- (b) REPORT.—Not later than April 1, 2006, has highlighted ‘‘a recent large-scale the Comptroller General of the United States analysis reported by the California De- eral years. In his testimony before the shall submit to Congress a report on the partment of Education [has shown] House Judiciary Committee last year, study conducted under subsection (a) to- that the level of physical fitness at- Robert Kanaby the Executive Director gether with such recommendations as the tained by students was directly related of the National Federation of State Comptroller General determines appropriate. to their performance on standardized High School Associations testified By Mr. LUGAR: achievement measures.’’ When we en- that: S. 567. A bill to provide immunity for courage our children to participate in ‘‘Over the last three years, the an- nonprofit athletic organizations in law- organized sports, we increase the abil- nual liability insurance premiums for suits arising from claims of ordinary ity for them to achieve academically. the National High School Federation negligence relating to the passage, A third benefit for young people who have increased three-fold to about adoption, or failure to adopt rules of participate in organized sports is that $1,000,000. We have been advised by ex- play for athletic competitions and they learn positive social development. perts that given our claims experience practices; to the Committee on the Ju- Organized sports teach values of team- and the reluctance of insurers to offer diciary. work, fair play, and friendly competi- such coverage to an organization ‘serv- Mr. LUGAR. Mr. President. Today I tion. Success in organized sports is also ing 7,000,000 potential claimants,’ the rise to introduce the Nonprofit Ath- a vital self-esteem builder in many premiums will likely increase signifi- letic Organization Protection Act of children. cantly in years to come. Since we oper- 2005. I am pleased to join with my good These three benefits have been wide- ate on a total budget of about friend and colleague, Representative ly discussed on the floor of the Senate $9,000,000, such an increase would be, to MARK SOUDER, in introducing this and we have acted to implement sev- put it mildly, problematical.’’ measure. This legislation is based on a eral programs designed to reduce obe- The costs have increased to the point bill that was introduced in the last leg- sity and increase fitness, educational where it is possible that these organi- islative session. standards and the social well-being of zations will cease from providing age I believe that this legislation is very our children. appropriate rules and the safety of important to encouraging health pro- The fourth benefit to participation in youth sports will decline. motion in our country. The United organized youth sports, providing a Because of this problem, I join, once States has invested a tremendous num- safe place to play, is a topic that has again, with Representative MARK ber of resources in providing our chil- not received as much attention as the SOUDER in introducing the Nonprofit dren with the ability to promote fit- first three. Nonetheless, it is no less Athletic Organization Protection Act ness through sports. In every town in important. Fewer kids are simply of 2005. This legislation will eliminate America, you will find boys and girls going outside to play, due to the at- lawsuits based on claims that a non- playing America’s most popular sports: traction of TV, video games, and the profit rulemaking body is liable for the baseball, soccer, football, and, of Internet, combined with parents’ safe- physical injury when the rules was course, basketball. A recent study by ty concerns about letting children run made by a properly licensed rule- the Sporting Goods Manufacturers As- around outside unsupervised. As a re- making body that has acted within the sociation showed that in 2000 at least 36 sult, organized sports teams are an in- scope of its authority. Lawsuits may be million American children played on at creasingly important source of safe maintained if the rule maker was least one team sport. Of those 36 mil- physical activity in children. The grossly negligent or engaged in crimi- lion, 26 million children between the American Academy of Pediatrics has nal or reckless misconduct. This rea- ages of 6 and 17, played on an organized stated, ‘‘In contrast to unstructured or sonable legislation will help sports rule team in an organized league. A study free play, participation in organized makers to do their job. If we do not by Statistical Research, Inc. for the sports provides a greater opportunity pass this legislation, it is likely that Amateur Athletic Foundation and to develop rules specifically designed rule makers will eventually close their ESPN found that 94 percent American for health and safety.’’ doors since they will be unable to af- children play some sport during the One primary reason why organized ford the insurance needed to provide a year. sports provide such an opportunity for safe sporting environment.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2273 No one who has participated in the Knowledge about differences in lions of women. This research is spread debate surrounding this problem has women—in symptoms of disease, and in over multiple Institutes at NIH, and disagreed that the current lawsuit cul- appropriate measures for prevention definitely will benefit from the coordi- ture needs reform. Instead, concerns and treatment—frequently lags far be- nation and integration which this Act have arisen that the remedy was overly hind our knowledge of men’s health. will instill. broad preventing lawsuits against rule We must also recognize that some Today, on a day when we recognize makers on other issue. diseases—such as ovarian cancer and both the achievements and contribu- To remedy these concerns, the legis- endometriosis—affect only women. tions of women, it is fitting, that we lation introduced today contains a pro- Other diseases affect women dispropor- provide the support and opportunity to vision that explicitly says that law- tionately—such as osteoporosis. We facilitate the continued progress of suits involving ‘‘antitrust, labor, envi- also see differences in health care ac- women, I call on my colleagues to join ronmental, defamation, tortuous inter- cess between men and women. These me in supporting this legislation, ference of contract law or civil rights simply must be reflected in our health which will ensure better health for our law, or any other federal, state, or policy. mothers, our sisters, our daughters, local law providing protection from It is for these reasons that we are both here and abroad. discrimination’’ are not barred by this again introducing the Women’s Health Ms. MIKULSKI. I rise to introduce bill. This provision was worked out be- Office Act. This legislation provides the Women’s Health Office Act with tween the civil rights groups, including permanent authorization for offices of my colleague, Senator OLYMPIA SNOWE. the National Women’s Law Center and women’s health in five federal agen- The Women’s Health Office Act author- the National Federation of State High cies: the Department of Health and izes and strengthens women’s health School Associations, in an effort to al- Human Services; the Centers for Dis- offices or officers at Federal health leviate this concern. ease Control and Prevention, the Agen- agencies in the Department of Health As many of my colleagues know, I cy for Healthcare Research and Qual- and Human Services. This legislation am a runner. I enjoy the activity and ity; the Health Resources and Services will make sure that men and women the positive effect that running and Administration; and the Food and Drug get equal benefit from Federal invest- athletics have played in my life. I Administration. Currently only two ments in medical research and health would hope that my nine grandchildren women’s health offices in the Federal care services. Today, doctors, scientists, Members will be able to have an opportunity to Government have statutory authoriza- of Congress, and the American public participate in organized sports and tion; the Office of Research on Wom- know that women and men have dif- that lawsuits against rule makers for en’s Health at the National Institutes ferent bodies and different health care allegedly faulty rules will not prevent of Health and the Office for Women’s needs. Diseases like ovarian cancer and these organizations from functioning Services within the Substance Abuse endometriosis affect only women. properly. I look forward to the consid- and Mental Health Services Adminis- Women are four times more likely to eration and passage of the Nonprofit tration. With some offices established, but develop osteoporosis than men and ac- Athletic Organization Protection Act cording to some estimates, half of all of 2005 during the 109th Congress. not authorized, the needs of women could be compromised without the con- women over 50 will fracture a bone be- By Ms. SNOWE (for herself, Ms. sent of Congress. We must create statu- cause of osteoporosis in her lifetime. Despite these differences, men’s MIKULSKI, Mr. HARKIN, Mr. tory authority for these offices, to en- health needs have set the standard for CORZINE, and Mrs. BOXER): sure that health policy flows from fact, our health care system and our health S. 569. A bill to improve the health of not assumption. Improving the health care research agenda. Women have women through the establishment of of American women requires a far been systematically excluded from Offices of Women’s Health within the greater understanding of women’s medical research because decision- Department of Health and Human health needs and conditions, and ongo- makers said that our hormone cycles Services, to the Committee on Health, ing evaluation in the areas of research, complicated the results. One study on Education, Labor, and Pensions. education, prevention, treatment and heart disease risk factors was con- Ms. SNOWE. Mr. President, I rise the delivery of services—and this bill ducted on 13,000 men—and not one today, on International Women’s Day, will ensure that. women. But the results of studies like to introduce the Women’s Health Office I must also note today, on Inter- these were applied to both men and Act with my colleague, Senator BAR- national Women’s Day, that of all the women. This neglect puts women’s BARA MIKULSKI. disease threats to women, few rival the health and lives at risk. Historically, women’s health care threat of AIDS. Increasingly, the face That’s why my colleagues and I took needs have been ignored or poorly un- of the individual with HIV-infection is action. More than a decade ago, I derstood, and women have been sys- a woman’s. Tragically, it is often the worked with OLYMPIA SNOWE, TED KEN- tematically excluded from important woman’s husband who places her at NEDY, TOM HARKIN, and other women in health research. We heard just this risk, yet in many societies, the status the House to get an Office of Research week about a landmark example. One of women makes her use of prevention on Women’s Health at the National In- federally-funded study examined the difficult. One promising way to counter stitutes of Health, NIH. In 1993, I ability of aspirin to prevent heart at- the risk of HIV infection is the devel- worked with these same women and tacks in 20,000 medical doctors, all of opment of an effective microbicide—a Galahads in Congress to make sure whom were men, despite the fact that typical product which women could use that the women’s health office would heart disease is the leading cause of to reduce their risk of contracting HIV. stay at NIH by putting it into law. death among women. When a benefit A number of scientists are working to This office at NIH has made a real was found in men, many physicians as- develop such a product. If successful, difference in how women are treated sumed that the same protective effect this could prevent millions of infec- for certain illnesses. We now know that applied to women. Just this week, after tions, and would be a practical means men and women often have different research on women was finally con- of prevention in much of the world symptoms before a heart attack. Wom- ducted, we learned that the effect of as- where options for women are so few. en’s symptoms are more subtle, like pirin on women appear to be quite dif- For this reason I again join Senator nausea and back pain. Knowing these ferent. We are simply not protected in CORZINE today in introducing the symptoms means women can get to the the same way men are protected. It is Microbicides Development Act. This hospital sooner and can be treated ear- tragic that so much of our medicine legislation will establish a coordina- lier. That’s turning women’s health re- has been based on such assumptions. tion of this development at the NIH to search into life-saving information. Today we recognize that both gen- reduce the toll of AIDS. Just today we I am proud that there are now wom- ders should benefit equally from med- read of a promising new microbicide en’s health offices or officers at nearly ical research and health care services. which appears to show great promise. every federal health agency at the De- Yet equity does not yet exist in health We must ensure that the promise of partment of Health and Human Serv- care, and we have a long way to go. microbicides become reality for mil- ices. Like the one at NIH, women’s

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2274 CONGRESSIONAL RECORD — SENATE March 8, 2005 health offices mean that women’s Special Achievement Award while serving against drug abuse and determination health needs are always at the table. the Drug Enforcement Administration; to scourge our country of illegal drugs. Whereas Enrique Camarena’s dedication to These offices at the Food and Drug Ad- His frustration with the drug trade ministration, FDA, the Centers for Dis- reducing the scourge of drugs eventually cost him his life; was perhaps most evident by a state- ease Control and Prevention, CDC, and Whereas ‘‘Camarena Clubs’’ to combat ment that would later prove to be pro- the Health Resources and Services Ad- drug abuse have been created in high schools phetic: He asked, ‘‘What’s gonna have ministration, HRSA, make sure women across the Nation to honor his memory; to happen? Does somebody have to die are included in clinical drug trials, Whereas Enrique Camarena is honored before anything is done? Is somebody reach out to low-income and minority each year during National Red Ribbon Week; going to have to get killed?’’ women to make sure they are getting and vaccines and cancer screenings, and Whereas the 20th Anniversary of Enrique On Thursday, February 7, 1985, at 2:00 work with health care providers to put Camarena’s death will be specially honored p.m., Special Agent Camarena left the on March 9, 2005, at the Drug Enforcement American Consulate in Guadalajara to research on women’s health into prac- Administration headquarters: Now, there- tice. Recent questions about the risks meet his wife for lunch. Having come fore, be it dangerously close to unlocking a and benefits of mammography and hor- Resolved, That the Senate— mone replacement therapy remind us (1) mourns the loss of Enrique ‘‘Kiki’’ multi-billion drug pipeline, Enrique that women’s health offices are as im- Camarena; was awaiting a reassignment, which portant as ever. (2) recognizes the contributions of Enrique was just three weeks away. Enrique Right now, many of these offices— Camarena to our National efforts to combat never met his wife for lunch that day and the important work they do—could drug abuse; and he never received his reassign- (3) admires the courage and dedication of ment. be eliminated or cut back without the Enrique Camarena in his work as a Special consent of Congress. That is why this Agent of the Drug Enforcement Administra- As he neared his truck that after- bill is so important. This bill would put tion; noon, five men approached him and women’s health offices into our na- (4) expresses gratitude for the legacy left shoved him into a car. By February 10, tion’s lawbooks. by Enrique Camarena; and DEA Administrator Francis ‘‘Bud’’ The Women’s Health Office Act does (5) directs the Secretary of the Senate to Mullen had flown to Guadalajara and more than protect the status quo. It transmit an enrolled copy of this resolution to help begin the search for Enrique. keeps us moving forward on women’s to the family of Enrique Camarena. Mr. BIDEN. Mr. President, I rise On March 5, Enrique’s body was health. It gives women’s health offices found on a ranch outside of the town of a clear, consistent framework through- today to submit a resolution to commemorate the outstanding life and Zamora, Mexico, approximately 60 out the department. By writing them miles outside of Guadalajara. Autopsy into law, it gives women’s health of- tragic but courageous death of Enrique ‘‘Kiki’’ Camarena, a Special Agent of reports indicated that Special Agent fices the stature they need to be Camarena had been tortured and beat- strong, effective advocates for women’s the Drug Enforcement Administration. Enrique grew from a boy in the small en. Three days after his body was dis- health within the Federal Government. covered, twenty years ago today, he This legislation coordinates women’s town of Mexicali in Baja California, Mexico to a man as a United States was returned to the United States for health activities within each agency, burial. to identify needs and set goals. The Marine. During his two year tour as a Women’s Health Office Act centralizes Legal Clerk with the Marine Corps in Following the death of Special Agent overall coordination throughout the San Diego, Enrique received the Na- Enrique Camarena and the press atten- Department of Health and Human tional Defense Service Medal. It was tion that the killing generated, Services, to clarify lines of account- during this time that Enrique first ‘‘Camarena Clubs’’ started throughout ability and chart a clear course on demonstrated his dedication to the the El Cajon, CA area. These women’s health. Finally, it authorizes United States. ‘‘Camarena Clubs’’ were formed to cre- funding for these women’s health of- Following his honorable discharge ate a united front against drug abuse fices or officers, to make sure that we from the Marine Corps in 1970, Enrique among students, teachers and others in put our nation’s priorities in the fed- demonstrated his courage as a fireman the community. eral checkbook as well as the Federal for the City of Calexico while dem- The summer of 1985 saw a surge in lawbooks. onstrating his intelligence as a student national interest in Enrique’s memory I would like to thank Senator OLYM- at Imperial Valley College, where he and the problems of drug abuse. The PIA SNOWE for leading the way on this earned an Associates degree in 1972. It Virginia Federation of Parents and the important legislation. As Dean of the was also in 1970 that Enrique Camarena Illinois Drug Education Alliance called Senate women, I will continue to fight first showed his interest in law enforce- on every American to wear red ribbons to get this bill signed into law and to ment by joining the Calexico, CA Po- to symbolize their commitment to help make progress to improve the health of lice Department. In May 1973, he began reduce the demand for drugs in their American women. what would be his life-long fight communities. Since then, the Red Rib- against drug abuse when he was as- f bon campaign has taken on national signed to El Centro, CA, where he significance. SUBMITTED RESOLUTIONS served for 13 months as a Narcotics In- vestigator for Imperial County. Red Ribbon Week is celebrated annu- Those 13 months as a Narcotics In- ally in cities across the country. The SENATE RESOLUTION 73—HON- vestigator proved to be a life-altering DEA and many other drug abuse pre- ORING THE LIFE OF ENRIQUE time for Enrique. In June 1974, he took vention organizations around America ‘‘KIKI’’ CAMARENA his determination to dismantle drug help to sponsor this annual event. In Mr. BIDEN submitted the following organizations to the Federal level, as a Delaware, the Substance Abuse Aware- resolution; which was referred to the Special Agent of the Drug Enforcement ness Committee sponsors Red Ribbon Committee on the Judiciary: Administration. During his time with Week each October to take a visible S. RES. 73 DEA, Special Agent Camarena re- stand against drugs through the symbol of the Red Ribbon. Whereas Enrique ‘‘Kiki’’ Camarena, a Spe- turned to his hometown in California cial Agent of the Drug Enforcement Admin- for several years prior to his assign- Special Agent Enrique Camarena was istration for 11 years, was abducted and bru- ment in Guadalajara, Mexico, which a devoted husband to Geneva ‘‘Mika’’ tally murdered by drug barons in 1985; began in July 1981. Alvarado and a loving father to three Whereas Enrique Camarena dedicated his During his 11 years with DEA, Spe- sons, Enrique, Daniel and Eric. Today, life to serving the law enforcement commu- cial Agent Enrique Camarena received I ask that the United States Senate nity and the Nation as a whole and was the devoted husband of Geneva Alvarado and lov- two Sustained Superior Performance formally recognize the life and death of ing father of Enrique, Daniel, and Eric; Awards and a Special Achievement Kiki, as his family lovingly calls him, Whereas Enrique Camarena received 2 Sus- Award. Each award recognized to place official emphasis on the im- tained Superior Performance Awards and a Enrique’s dedication to the fight pact he made on America.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2275 SENATE RESOLUTION 74—DESIG- whom approximately 50,000 are transported criminals who engage in these activities are NATING MARCH 8, 2005, AS to the United States; brought to justice; ‘‘INTERNATIONAL WOMEN’S Whereas 2⁄3 of the world’s nearly (C) end discrimination and increase the DAY’’ 1,000,000,000 illiterate individuals are women; participation of women in decisionmaking Whereas 2⁄3 of the children denied primary positions in government and the private sec- Mr. BIDEN (for himself, Mrs. CLIN- education are girls; tor; TON, Mr. LUGAR, Mr. KOHL, Mrs. MUR- Whereas these educational failures have (D) extend full economic opportunities to serious consequences for the global economy women, including access to microfinance and RAY, Mr. LAUTENBERG, Ms. STABENOW, and the United States national security, as microenterprise; and Mrs. BOXER, Mr. BAYH, Ms. LANDRIEU, well as for tens of millions of girls who are (E) strengthen the role of women as agents Mr. JOHNSON, Mr. JEFFORDS, Mr. LEVIN, losing the chance to discover their worth and of peace because women are among the best Mr. FEINGOLD, Mr. DODD, Mr. SAR- importance as global citizens; emissaries for easing religious, racial, and BANES, Mr. CORZINE, Mr. KERRY, Mr. Whereas girls who are educated are more ethnic tensions, crossing cultural divides, OBAMA, Mr. SALAZAR, Mr. KENNEDY, likely to have healthy and stable families, and reducing violence in areas of war and Ms. MIKULSKI, Mrs. LINCOLN, Mr. lower mortality rates, higher nutrition lev- conflict; and els, and delayed sexual activity, and have (3) encourages the people of the United HATCH, Mrs. FEINSTEIN, and Mr. REID) less chance of contracting HIV/AIDS or hav- States to observe ‘‘International Women’s submitted the following resolution; ing unwanted pregnancies; Day’’ with appropriate programs and activi- which was considered and agreed to: Whereas in most countries, women work ties. S. RES. 74 approximately 2 times more unpaid time f than men do; Whereas all over the world, women are Whereas women work 2⁄3 of the world’s SENATE RESOLUTION 75—DESIG- contributing to the growth of economies, working hours and produce 1⁄2 of the world’s NATING MARCH 25, 2005, AS participating in the world of diplomacy and food, yet earn only 10 percent of the world’s politics, and improving the quality of the ‘‘GREEK INDEPENDENCE DAY: A income and own less than 1 percent of the lives of their families, communities, and na- NATIONAL DAY OF CELEBRA- world’s property; TION OF GREEK AND AMERICAN tions; Whereas 3 in 10 households are maintained Whereas discrimination continues to deny by women with no husband present; DEMOCRACY’’ women full political and economic equality Whereas rural women produce more than Mr. SPECTER (for himself, Mr. SAR- and is often the basis for violations of wom- 55 percent of all food grown in developing BANES, Mr. ALLEN, Mr. BENNETT, Mr. en’s basic human rights; countries; Whereas worldwide, the lives and health of BIDEN, Mr. BINGAMAN, Mrs. BOXER, Mr. Whereas it is estimated that women and CARPER, Mr. CHAFEE, Mr. CHAMBLISS, women and girls continue to be endangered girls make up more than 70 percent of the Mrs. CLINTON, Mr. COBURN, Mr. COCH- by violence that is directed at them simply poorest people in the world; because they are female; Whereas worldwide, women earn less, own RAN, Mr. CORZINE, Mr. CRAIG, Mr. Whereas worldwide, violence against less property, and have less access to edu- DEWINE, Mr. DODD, Mr. DOMENICI, Mr. women includes rape, genital mutilation, cation, employment, and health care than do DORGAN, Mr. DURBIN, Mr. FEINGOLD, sexual assault, domestic violence, dating vi- men; Mrs. FEINSTEIN, Mr. GRASSLEY, Mr. olence, honor killings, human trafficking, Whereas microcredit is a stunningly sim- GREGG, Mr. HAGEL, Mr. INHOFE, Mr. dowry-related violence, female infanticide, ple, inexpensive tool that can forever alter JOHNSON, Mr. KENNEDY, Mr. KERRY, Mr. sex-selection abortion, forced pregnancy, the economic landscape for the better; KOHL, Ms. LANDRIEU, Mr. LAUTENBERG, forced sterilization, and forced abortion; Whereas women now make up 80 percent of Mr. LEVIN, Mr. LIEBERMAN, Mr. LOTT, Whereas the World Health Organization as- the world’s 70,000,000 microcredit borrowers, Mr. LUGAR, Ms. MIKULSKI, Ms. MUR- serts that domestic violence causes more and from India to Nicaragua to South Africa deaths and disability among women aged 15 to Costa Rica, women are proving that small KOWSKI, Mrs. MURRAY, Mr. NELSON of to 44 than cancer, malaria, traffic accidents, loans can transform individual lives, fami- Florida, Mr. OBAMA, Mr. REED, Mr. and war; lies, and entire communities; REID, Mr. ROCKEFELLER, Mr. SALAZAR, Whereas worldwide, 130,000,000 girls and Whereas nations should take steps to en- Mr. SANTORUM, Mr. SCHUMER, Mr. young women have been subjected to female sure the full participation and representa- SMITH, Ms. SNOWE, Ms. STABENOW, Mr. genital mutilation; tion of women in political conferences, com- STEVENS, Mr. SUNUNU, Mr. THOMAS, Mr. Whereas worldwide, at least 1 in 3 females mittees, plenaries, and parliaments; VOINOVICH, and Mr. WYDEN) submitted has been beaten or sexually abused in her Whereas social investment, particularly the following resolution; which was lifetime; investments in women and girls, should be considered and agreed to: Whereas worldwide, 20 to 50 percent of an integral part of foreign policy; women experience some degree of domestic Whereas despite extraordinary advances, S. RES. 75 violence during marriage; women still comprise the majority of the Whereas the ancient Greeks developed the Whereas 1 in 4 women in the United States world’s poor, illiterate, and uneducated, re- concept of democracy, in which the supreme have been raped or physically assaulted by main under-compensated for the work they power to govern was vested in the people; an intimate partner at some point in their do, still do not have adequate access to med- Whereas the Founding Fathers of the lives; ical care in too many countries, are under- United States drew heavily on the political Whereas somewhere in the United States, a represented in leadership positions in gov- experience and philosophy of ancient Greece woman is battered, usually by her partner, ernment and business, and continue to be in forming our representative democracy; every 15 seconds; targeted for unspeakable atrocities in war Whereas Greek Commander in Chief Petros Whereas more than 3 women are murdered and conflict; Mavromichalis, a founder of the modern by their husbands or boyfriends in the Whereas March 8 has become known as Greek state, said to the citizens of the United States every day; International Women’s Day for the last cen- United States in 1821, ‘‘it is in your land that Whereas battering is the leading cause of tury, and is a day on which people, who are liberty has fixed her abode and . . . in imi- injury to women aged 15 to 44 in the United often divided by ethnicity, language, cul- tating you, we shall imitate our ancestors States; ture, and income, come together to celebrate and be thought worthy of them if we succeed Whereas it is estimated that 1 in 5 adoles- a common struggle for women’s equality, in resembling you’’; cent girls in the United States becomes a justice, and peace; Whereas Greece played a major role in the victim of physical or sexual abuse, or both, Whereas the dedication and successes of World War II struggle to protect freedom and in a dating relationship; those working all over the world to end vio- democracy through such bravery as was Whereas worldwide, women account for 1⁄2 lence against women and girls and fighting shown in the historic Battle of Crete that of all cases of HIV/AIDS, and in Africa, for equality should be recognized; and presented the Axis land war with its first young women are 3 times more likely to con- Whereas the people of the United States major setback, setting off a chain of events tract the virus than men; should be encouraged to participate in Inter- that significantly affected the outcome of Whereas worldwide, sexual violence, in- national Women’s Day: Now, therefore be it World War II; cluding marital rape, has been denounced as Resolved, That the Senate— Whereas the price for Greece in holding our a major cause of the rapid spread of HIV/ (1) designates March 8, 2005, as Inter- common values in their region was high, as AIDS among women; national Women’s Day; hundreds of thousands of civilians were Whereas between 75 and 80 percent of the (2) reaffirms its commitment to— killed in Greece during the World War II pe- world’s millions of refugees are women and (A) improve women’s access to quality riod; children; health care, including HIV/AIDS prevention Whereas, throughout the 20th century, Whereas illegal trafficking worldwide for and treatment; Greece was 1 of only 3 nations in the world, forced labor, domestic servitude, and sexual (B) end and prevent violence against beyond the former British Empire, that was exploitation involves between 1,000,000 and women, including the trafficking of women allied with the United States in every major 2,000,000 women and children each year, of and girls worldwide, and ensure that the international conflict;

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2276 CONGRESSIONAL RECORD — SENATE March 8, 2005 Whereas President George W. Bush, in rec- SENATE CONCURRENT RESOLU- sion translates into an additional 878 ognizing Greek Independence Day, said, TION 15—ENCOURAGING ALL million meals for the hungry over the ‘‘Greece and America have been firm allies AMERICANS TO INCREASE THEIR next 10 years. in the great struggles for liberty. Americans CHARITABLE GIVING, WITH THE In addition, the CARE Act removes will always remember Greek heroism and GOAL OF INCREASING THE AN- the tax penalties that are preventing Greek sacrifice for the sake of freedom . . . larger-dollar donors from rolling over [and] as the 21st Century dawns, Greece and NUAL AMOUNT OF CHARITABLE America once again stand united; this time GIVING IN THE UNITED STATES their IRA account funds to assist a in the fight against terrorism. The United BY 1 PERCENT wide range of charities, including foun- States deeply appreciates the role Greece is Mr. SANTORUM submitted the fol- dations, colleges and universities. If playing in the war against terror. . . . Amer- lowing concurrent resolution; which the CARE Act passes, individuals will ica and Greece are strong allies, and we’re was referred to the Committee on Fi- be able to give 30 percent more in tax- strategic partners.’’; nance: free IRA contributions than would oth- Whereas Greece is a stabilizing force by S. CON. RES. 15 erwise be possible. virtue of its political and economic power in The spirit of giving is part of what the volatile Balkan region and is one of the Whereas individual charitable giving rates among Americans have stagnated at 1.5 to makes America great. I submit this fastest growing economies in Europe; resolution to remind us all that more Whereas Greece, through excellent work 2.2 percent of aggregate individual income can be done to assist the needy. I en- and cooperation with United States and for the past 50 years; international law enforcement agencies, ar- Whereas a 1 percent increase (from 2 per- courage my colleagues to support this rested and convicted key members of the No- cent to 3 percent) in charitable giving will resolution. vember 17 terrorist organization; generate over $90,000,000,000 to charity; f Whereas charitable giving is a significant Whereas President Bush stated that AMENDMENTS SUBMITTED AND Greece’s successful ‘‘law enforcement oper- source of funding for health, education, and welfare programs; and ations against a terrorist organization [No- PROPOSED Whereas a 1 percent increase in charitable vember 17] responsible for three decades of SA 130. Mr. TALENT submitted an amend- giving may reduce the Federal deficit, re- terrorist attacks underscore the important ment intended to be proposed to amendment duce the call for tax increases, and provide contributions Greece is making to the global SA 121 submitted by Mr. TALENT to the bill funds to benefit our national health, edu- war on terrorism’’; S. 256, to amend title 11 of the United States cation, and welfare goals: Now, therefore, be Code, and for other purposes; which was or- Whereas Greece was extraordinarily re- it sponsive to United States requests during Resolved by the Senate (the House of Rep- dered to lie on the table. SA 131. Mr. CORNYN submitted an amend- the war with Iraq, as Greece immediately resentatives concurring), That Congress en- ment intended to be proposed to amendment granted unlimited access to its airspace and courages all Americans to increase their SA 50 proposed by Mr. REID (for Mr. BAU- the base in Souda Bay, and many United charitable giving, with the goal of increasing CUS) to the bill S. 256, supra; which was or- States ships delivering troops, cargo, and the annual amount of charitable giving in supplies to Iraq were refueled in Greece; the United States by 1 percent. dered to lie on the table. Whereas the Olympic Games came home in SA 132. Mr. CORNYN submitted an amend- Mr. SANTORUM. Mr. President, I ment intended to be proposed by him to the August 2004 to Athens, Greece, the land of rise today to submit a resolution that bill S. 256, supra; which was ordered to lie on their ancient birthplace 2,500 years ago and encourages all Americans to increase the table. the city of their modern revival in 1896; SA 133. Mr. CORNYN submitted an amend- Whereas Greece received world-wide praise their charitable giving with the goal of increasing charitable giving in the ment intended to be proposed by him to the for its extraordinary handling of over 14,000 bill S. 256, supra; which was ordered to lie on athletes from 202 countries and over 2,000,000 United States by 1 percent. I am proud to be a citizen of such a the table. spectators and journalists and did so effi- SA 134. Mr. DURBIN submitted an amend- ciently, securely, and with its famous Greek charitable nation. However, individual ment intended to be proposed to amendment hospitality; charitable giving rates among Ameri- SA 115 submitted by Mr. BIDEN and in- Whereas the unprecedented Olympic secu- cans have stagnated over the past 50 tended to be proposed to the bill S. 256, rity effort in Greece for the first post-9/11 years. On average, Americans donate 2 supra; which was ordered to lie on the table. Olympics included a record-setting expendi- percent of their aggregate income to SA 135. Mr. DURBIN submitted an amend- ture of over $1,390,000,000 and assignment of charitable causes. A 1-percent increase ment intended to be proposed to amendment over 70,000 security personnel, as well as the to 3 percent could generate up to $90 SA 117 submitted by Mr. BIDEN and in- utilization of an 8-country Olympic Security billion annually. Further, a 1-percent tended to be proposed to the bill S. 256, Advisory Group which included the United supra; which was ordered to lie on the table. increase in charitable giving has the States; SA 136. Mr. BENNETT submitted an Whereas Greece, geographically located in potential to reduce the Federal deficit, amendment intended to be proposed to a region where Christianity meets Islam and reduce the call for tax increases, and amendment SA 54 submitted by Mr. BEN- Judaism, maintains excellent relations with provide our national health, education, NETT and intended to be proposed to the bill Muslim nations and Israel; and welfare programs with much need- S. 256, supra; which was ordered to lie on the Whereas Greece has had extraordinary suc- ed assistance in performing their du- table. cess in recent years in furthering cross-cul- ties. SA 137. Mr. LEAHY submitted an amend- tural understanding and reducing tensions I also realize the Government’s role ment intended to be proposed by him to the between Greece and Turkey; bill S. 256, supra; which was ordered to lie on to make it easier for Americans to be the table. Whereas Greece and the United States are charitable. As legislators, we must pro- f at the forefront of the effort for freedom, de- vide incentives for charitable giving, mocracy, peace, stability, and human rights; opportunities for low-income families TEXT OF AMENDMENTS Whereas those and other ideals have forged a close bond between our 2 nations and their to build individual assets, and support SA 130. Mr. TALENT submitted an peoples; faith-based and secular organizations amendment intended to be proposed to Whereas March 25, 2005, marks the 184th as they provide charitable social serv- amendment SA 121 submitted by Mr. anniversary of the beginning of the revolu- ices. I remain committed to promoting TALENT to the bill S. 256, to amend tion that freed the Greek people from the increased opportunities for the less for- title 11 of the United States Code, and Ottoman Empire; and tunate to obtain help through faith- for other purposes; which was ordered Whereas it is proper and desirable to cele- based and community organizations. to lie on the table; as follows: brate with the Greek people and to reaffirm There are people all around the coun- In lieu of the matter proposed to be in- the democratic principles from which our 2 try waiting to give more to charity— great nations were born: Now, therefore, be serted, insert the following: they just need a little push. The CARE (4) by adding at the end the following: it Act gives that in the form of a series of ‘‘(e)(1) In addition to any transfer that the Resolved, That the Senate— targeted tax incentives. The bill pro- trustee may otherwise avoid, the trustee (1) designates March 25, 2005, as ‘‘Greek vides $2 billion in food-donation incen- may avoid any transfer of an interest of the Independence Day: A National Day of Cele- tives that would allow farmers, res- debtor in property that was made on or with- bration of Greek and American Democracy’’; in 10 years before the date of the filing of the and taurants and corporations to give more petition, if— (2) encourages the people of the United of their surplus food to local food ‘‘(A) such transfer was made to a self-set- States to observe the day with appropriate banks and soup kitchens. America’s tled trust or similar device; ceremonies and activities. Second Harvest estimates this provi- ‘‘(B) such transfer was by the debtor;

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2277 ‘‘(C) the debtor is a beneficiary of such would apply to such class if the class did not (V) in the item relating to the eastern dis- trust or similar device; and accept the plan for purposes of section trict of Tennessee, by striking ‘‘3’’ and in- ‘‘(D) the debtor made such transfer with 1129(a)(8) (whether or not the class has ac- serting ‘‘4’’; and actual intent to hinder, delay, or defraud cepted the plan)’’. (W) in the item relating to the southern any entity to which the debtor was or be- (2) EFFECTIVE DATE; APPLICATION.—The district of Illinois, by striking ‘‘1’’ and in- came, on or after the date that such transfer amendment made by paragraph (1) shall take serting ‘‘2’’. was made, indebted. effect on the date of enactment of this Act (c) CONVERSION OF EXISTING TEMPORARY ‘‘(2) For the purposes of this subsection, a and shall apply with respect to cases under BANKRUPTCY JUDGESHIPS.—The temporary transfer includes a transfer made in antici- title 11 of the United States Code, which bankruptcy judgeships authorized for the pation of any money judgment, settlement, were commenced before, on, or after such northern district of Alabama, the district of civil penalty, equitable order, or criminal date. Delaware, the district of Puerto Rico, the fine incurred by, or which the debtor be- (b) VIOLATION OF INJUNCTION; EXCEPTION.— eastern district of Tennessee, and the south- lieved would be incurred by— Section 524 of title 11, United States Code, is ern district of Illinois under paragraphs (1), ‘‘(A) any violation of the securities laws amended by adding at the end the following: (3), (4), (7), and (9) of section 3(a) of the Bank- (as defined in section 3(a)(47) of the Securi- ruptcy Judgeship Act of 1992 (28 U.S.C. 152 ties Exchange Act of 1934 (15 U.S.C. SA 133. Mr. CORNYN submitted an note), shall be converted to permanent bank- 78c(a)(47))), any State securities laws, or any amendment intended to be proposed by ruptcy judgeships. regulation or order issued under Federal se- him to the bill S. 256, to amend title 11 curities laws or State securities laws; or of the United States Code, and for SA 136. Mr. BENNETT submitted an ‘‘(B) fraud, deceit, or manipulation in a fi- other purposes; which was ordered to amendment intended to be proposed to duciary capacity or in connection with the lie on the table; as follows: amendment SA 54 submitted by Mr. purchase or sale of any security registered In lieu of the matter proposed to be in- BENNETT and intended to be proposed under section 12 or 15(d) of the Securities Ex- serted, insert the following: to the bill S. 256, to amend title 11 of change Act of 1934 (15 U.S.C. 78l and 78o(d)) or under section 6 of the Securities Act of SEC. 202. EFFECT OF DISCHARGE. the United States Code, and for other 1933 (15 U.S.C. 77f). (a) INJUNCTION AFTER CONFIRMATION OF purposes; which was ordered to lie on ‘‘(3) This subsection shall take effect 1 day BANKRUPTCY PLAN OF REORGANIZATION.— the table; as follows: (1) IN GENERAL.—Section after the date of enactment of this sub- In lieu of the matter proposed to be in- 524(g)(2)(B)(ii)(IV)(bb) of title 11, United section.’’. serted by amendment (No. 54), insert the fol- States Code, is amended by inserting before lowing: the semicolon at the end the following: ‘‘, or, SA 131. Mr. CORNYN submitted an TITLE IX—FINANCIAL CONTRACT amendment intended to be proposed to if such a vote is not obtained with respect to any such class of claimants so established, PROVISIONS EID amendment SA 50 proposed by Mr. R the plan satisfies the requirements for con- SEC. 901. TREATMENT OF CERTAIN AGREEMENTS (for Mr. BAUCUS) to the bill S. 256, to firmation of a plan under section 1129(b) that BY CONSERVATORS OR RECEIVERS amend title 11 of the United States would apply to such class if the class did not OF INSURED DEPOSITORY INSTITU- Code, and for other purposes; which accept the plan for purposes of section TIONS. was ordered to lie on the table; as fol- 1129(a)(8) (whether or not the class has ac- (a) DEFINITION OF QUALIFIED FINANCIAL lows: cepted the plan)’’. CONTRACT.— (2) EFFECTIVE DATE; APPLICATION.—The (1) FDIC-INSURED DEPOSITORY INSTITU- In lieu of the matter proposed to be in- amendment made by paragraph (1) shall take TIONS.—Section 11(e)(8)(D) of the Federal De- serted, insert the following: effect on the date of enactment of this Act posit Insurance Act (12 U.S.C. 1821(e)(8)(D)) is SEC. 202. EFFECT OF DISCHARGE. and shall apply with respect to cases under amended— (a) INJUNCTION AFTER CONFIRMATION OF title 11 of the United States Code, which (A) by striking ‘‘subsection—’’ and insert- BANKRUPTCY PLAN OF REORGANIZATION.— were commenced before, on, or after such ing ‘‘subsection, the following definitions (1) IN GENERAL.—Section date. shall apply:’’; and 524(g)(2)(B)(ii)(IV)(bb) of title 11, United (b) VIOLATION OF INJUNCTION; EXCEPTION.— (B) in clause (i), by inserting ‘‘, resolution, States Code, is amended by inserting before Section 524 of title 11, United States Code, is or order’’ after ‘‘any similar agreement that the semicolon at the end the following: ‘‘, or, amended by adding at the end the following: the Corporation determines by regulation’’. if such a vote is not obtained with respect to (2) INSURED CREDIT UNIONS.—Section any such class of claimants so established, SA 134. Mr. DURBIN submitted an 207(c)(8)(D) of the Federal Credit Union Act the plan satisfies the requirements for con- amendment intended to be proposed to (12 U.S.C. 1787(c)(8)(D)) is amended— firmation of a plan under section 1129(b) that amendment SA 115 submitted by Mr. (A) by striking ‘‘subsection—’’ and insert- would apply to such class if the class did not ing ‘‘subsection, the following definitions BIDEN and intended to be proposed to accept the plan for purposes of section shall apply:’’; and 1129(a)(8) (whether or not the class has ac- the bill S. 256, to amend title 11 of the (B) in clause (i), by inserting ‘‘, resolution, cepted the plan)’’. United States Code, and for other pur- or order’’ after ‘‘any similar agreement that (2) EFFECTIVE DATE; APPLICATION.—The poses; which was ordered to lie on the the Board determines by regulation’’. amendment made by paragraph (1) shall take table; as follows: (b) DEFINITION OF SECURITIES CONTRACT.— effect on the date of enactment of this Act On page 6, between lines 16 and 17, insert (1) FDIC-INSURED DEPOSITORY INSTITU- and shall apply with respect to cases under the following: TIONS.—Section 11(e)(8)(D)(ii) of the Federal title 11 of the United States Code, which (3) SOUTHERN DISTRICT OF ILLINOIS.— Deposit Insurance Act (12 U.S.C. were commenced before, on, or after such (A) IN GENERAL.—The temporary bank- 1821(e)(8)(D)(ii)) is amended to read as fol- date. ruptcy judgeship authorized for the southern lows: (b) VIOLATION OF INJUNCTION; EXCEPTION.— district of Illinois under section 3(a)(4) of the ‘‘(ii) SECURITIES CONTRACT.—The term ‘se- Section 524 of title 11, United States Code, is Bankruptcy Judgeship Act of 1992 (28 U.S.C. curities contract’— amended by adding at the end the following: 152 note), shall be converted to a permanent ‘‘(I) means a contract for the purchase, bankruptcy judgeship. sale, or loan of a security, a certificate of de- SA 132. Mr. CORNYN submitted an (B) TECHNICAL AMENDMENT.—The item re- posit, a mortgage loan, any interest in a amendment intended to be proposed by lating to the southern district of Illinois in mortgage loan, a group or index of securi- him to the bill S. 256, to amend title 11 section 152(a)(2) of title 28, United States ties, certificates of deposit, or mortgage of the United States Code, and for Code, is amended by striking ‘‘1’’ and insert- loans or interests therein (including any in- other purposes; which was ordered to ing ‘‘2’’. terest therein or based on the value thereof) or any option on any of the foregoing, in- lie on the table; as follows: SA 135. Mr. DURBIN submitted an cluding any option to purchase or sell any At the appropriate place, insert the fol- amendment intended to be proposed to such security, certificate of deposit, mort- lowing: amendment SA 117 submitted by Mr. gage loan, interest, group or index, or op- SEC. 202. EFFECT OF DISCHARGE. BIDEN and intended to be proposed to tion, and including any repurchase or reverse (a) INJUNCTION AFTER CONFIRMATION OF the bill S. 256, to amend title 11 of the repurchase transaction on any such security, BANKRUPTCY PLAN OF REORGANIZATION.— certificate of deposit, mortgage loan, inter- United States Code, and for other pur- (1) IN GENERAL.—Section est, group or index, or option (whether or not 524(g)(2)(B)(ii)(IV)(bb) of title 11, United poses; which was ordered to lie on the such repurchase or reverse repurchase trans- States Code, is amended by inserting before table; as follows: action is a repurchase agreement as defined the semicolon at the end the following: ‘‘, or, On page 4, strike lines 1 through 14, and in- in section 11(e)(8)(D)(v)); if such a vote is not obtained with respect to sert the following: ‘‘(II) does not include any purchase, sale, any such class of claimants so established, (U) in the item relating to the northern or repurchase obligation under a participa- the plan satisfies the requirements for con- district of Alabama, by striking ‘‘5’’ and in- tion in a commercial mortgage loan unless firmation of a plan under section 1129(b) that serting ‘‘6’’; the Corporation determines by regulation,

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2278 CONGRESSIONAL RECORD — SENATE March 8, 2005 resolution, or order to include any such tion, or order to include any such agreement ‘‘(VI) any other agreement or transaction agreement within the meaning of such term; within the meaning of such term; that is similar to any agreement or trans- ‘‘(III) means any option entered into on a ‘‘(III) means any option entered into on a action referred to in this clause; national securities exchange relating to for- national securities exchange relating to for- ‘‘(VII) any combination of the agreements eign currencies; eign currencies; or transactions referred to in this clause; ‘‘(IV) means the guarantee (including by ‘‘(IV) means the guarantee (including by ‘‘(VIII) any option to enter into any agree- novation) by or to any securities clearing novation) by or to any securities clearing ment or transaction referred to in this agency of any settlement of cash, securities, agency of any settlement of cash, securities, clause; certificates of deposit, mortgage loans or in- certificates of deposit, mortgage loans or in- ‘‘(IX) a master agreement that provides for terests therein, group or index of securities, terests therein, group or index of securities, an agreement or transaction referred to in certificates of deposit, or mortgage loans or certificates of deposit, or mortgage loans or subclause (I), (II), (III), (IV), (V), (VI), (VII), interests therein (including any interest interests therein (including any interest or (VIII), together with all supplements to therein or based on the value thereof) or op- therein or based on the value thereof) or op- any such master agreement, without regard tion on any of the foregoing, including any tion on any of the foregoing, including any to whether the master agreement provides option to purchase or sell any such security, option to purchase or sell any such security, for an agreement or transaction that is not certificate of deposit, mortgage loan, inter- certificate of deposit, mortgage loan, inter- a commodity contract under this clause, ex- est, group or index, or option (whether or not est, group or index, or option (whether or not cept that the master agreement shall be con- such settlement is in connection with any such settlement is in connection with any sidered to be a commodity contract under agreement or transaction referred to in sub- agreement or transaction referred to in sub- this clause only with respect to each agree- clause (I), (III), (IV), (V), (VI), (VII), (VIII), clause (I), (III), (IV), (V), (VI), (VII), (VIII), ment or transaction under the master agree- (IX), (X), or (XI)); (IX), (X), or (XI)); ment that is referred to in subclause (I), (II), ‘‘(V) means any margin loan; ‘‘(V) means any margin loan; (III), (IV), (V), (VI), (VII), or (VIII); or ‘‘(VI) means any extension of credit for the ‘‘(VI) means any extension of credit for the ‘‘(X) any security agreement or arrange- clearance or settlement of securities trans- clearance or settlement of securities trans- ment or other credit enhancement related to actions; actions; any agreement or transaction referred to in ‘‘(VII) means any collar/loan transaction ‘‘(VII) means any collar/loan transaction this clause, including any guarantee or reim- related to securities, prepaid forward trans- related to securities, prepaid forward trans- bursement obligation in connection with any action related to securities, or sale/total reaction related to securities, or sale/total re- agreement or transaction referred to in this turn swap transaction related to securities; turn swap transaction related to securities; clause.’’. ‘‘(VIII) means any other agreement or ‘‘(VIII) means any other agreement or (2) INSURED CREDIT UNIONS.—Section transaction that is similar to any agreement transaction that is similar to any agreement 207(c)(8)(D)(iii) of the Federal Credit Union or transaction referred to in this clause; or transaction referred to in this clause; Act (12 U.S.C. 1787(c)(8)(D)(iii)) is amended to ‘‘(IX) means any combination of the agree- ‘‘(IX) means any combination of the agree- read as follows: ments or transactions referred to in this ments or transactions referred to in this ‘‘(iii) COMMODITY CONTRACT.—The term clause; clause; ‘commodity contract’ means— ‘‘(X) means any option to enter into any ‘‘(X) means any option to enter into any ‘‘(I) with respect to a futures commission agreement or transaction referred to in this agreement or transaction referred to in this merchant, a contract for the purchase or sale clause; clause; of a commodity for future delivery on, or ‘‘(XI) means a master agreement that pro- ‘‘(XI) means a master agreement that pro- subject to the rules of, a contract market or vides for an agreement or transaction re- vides for an agreement or transaction re- board of trade; ferred to in subclause (I), (III), (IV), (V), (VI), ferred to in subclause (I), (III), (IV), (V), (VI), ‘‘(II) with respect to a foreign futures com- (VII), (VIII), (IX), or (X), together with all (VII), (VIII), (IX), or (X), together with all mission merchant, a foreign future; supplements to any such master agreement, supplements to any such master agreement, ‘‘(III) with respect to a leverage trans- without regard to whether the master agree- without regard to whether the master agree- action merchant, a leverage transaction; ment provides for an agreement or trans- ment provides for an agreement or trans- ‘‘(IV) with respect to a clearing organiza- action that is not a securities contract under action that is not a securities contract under tion, a contract for the purchase or sale of a this clause, except that the master agree- this clause, except that the master agree- commodity for future delivery on, or subject ment shall be considered to be a securities ment shall be considered to be a securities to the rules of, a contract market or board of contract under this clause only with respect contract under this clause only with respect trade that is cleared by such clearing organi- to each agreement or transaction under the to each agreement or transaction under the zation, or commodity option traded on, or master agreement that is referred to in sub- master agreement that is referred to in sub- subject to the rules of, a contract market or clause (I), (III), (IV), (V), (VI), (VII), (VIII), clause (I), (III), (IV), (V), (VI), (VII), (VIII), board of trade that is cleared by such clear- (IX), or (X); and (IX), or (X); and ing organization; ‘‘(XII) means any security agreement or ‘‘(XII) means any security agreement or ‘‘(V) with respect to a commodity options arrangement or other credit enhancement arrangement or other credit enhancement dealer, a commodity option; related to any agreement or transaction re- related to any agreement or transaction re- ‘‘(VI) any other agreement or transaction ferred to in this clause, including any guar- ferred to in this clause, including any guar- that is similar to any agreement or trans- antee or reimbursement obligation in con- antee or reimbursement obligation in con- action referred to in this clause; nection with any agreement or transaction nection with any agreement or transaction ‘‘(VII) any combination of the agreements referred to in this clause.’’. referred to in this clause.’’. or transactions referred to in this clause; (2) INSURED CREDIT UNIONS.—Section (c) DEFINITION OF COMMODITY CONTRACT.— ‘‘(VIII) any option to enter into any agree- 207(c)(8)(D)(ii) of the Federal Credit Union (1) FDIC-INSURED DEPOSITORY INSTITU- ment or transaction referred to in this Act (12 U.S.C. 1787(c)(8)(D)(ii)) is amended to TIONS.—Section 11(e)(8)(D)(iii) of the Federal clause; read as follows: Deposit Insurance Act (12 U.S.C. ‘‘(IX) a master agreement that provides for ‘‘(ii) SECURITIES CONTRACT.—The term ‘se- 1821(e)(8)(D)(iii)) is amended to read as fol- an agreement or transaction referred to in curities contract’— lows: subclause (I), (II), (III), (IV), (V), (VI), (VII), ‘‘(I) means a contract for the purchase, ‘‘(iii) COMMODITY CONTRACT.—The term or (VIII), together with all supplements to sale, or loan of a security, a certificate of de- ‘commodity contract’ means— any such master agreement, without regard posit, a mortgage loan, any interest in a ‘‘(I) with respect to a futures commission to whether the master agreement provides mortgage loan, a group or index of securi- merchant, a contract for the purchase or sale for an agreement or transaction that is not ties, certificates of deposit, or mortgage of a commodity for future delivery on, or a commodity contract under this clause, ex- loans or interests therein (including any in- subject to the rules of, a contract market or cept that the master agreement shall be con- terest therein or based on the value thereof) board of trade; sidered to be a commodity contract under or any option on any of the foregoing, in- ‘‘(II) with respect to a foreign futures com- this clause only with respect to each agree- cluding any option to purchase or sell any mission merchant, a foreign future; ment or transaction under the master agree- such security, certificate of deposit, mort- ‘‘(III) with respect to a leverage trans- ment that is referred to in subclause (I), (II), gage loan, interest, group or index, or op- action merchant, a leverage transaction; (III), (IV), (V), (VI), (VII), or (VIII); or tion, and including any repurchase or reverse ‘‘(IV) with respect to a clearing organiza- ‘‘(X) any security agreement or arrange- repurchase transaction on any such security, tion, a contract for the purchase or sale of a ment or other credit enhancement related to certificate of deposit, mortgage loan, inter- commodity for future delivery on, or subject any agreement or transaction referred to in est, group or index, or option (whether or not to the rules of, a contract market or board of this clause, including any guarantee or reim- such repurchase or reverse repurchase trans- trade that is cleared by such clearing organi- bursement obligation in connection with any action is a ‘repurchase agreement’ as defined zation, or commodity option traded on, or agreement or transaction referred to in this in section 207(c)(8)(D)(v)); subject to the rules of, a contract market or clause.’’. ‘‘(II) does not include any purchase, sale, board of trade that is cleared by such clear- (d) DEFINITION OF FORWARD CONTRACT.— or repurchase obligation under a participa- ing organization; (1) FDIC-INSURED DEPOSITORY INSTITU- tion in a commercial mortgage loan unless ‘‘(V) with respect to a commodity options TIONS.—Section 11(e)(8)(D)(iv) of the Federal the Board determines by regulation, resolu- dealer, a commodity option; Deposit Insurance Act (12 U.S.C.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2279 1821(e)(8)(D)(iv)) is amended to read as fol- subclause (I), (II), (III), or (IV), including any also applies to a reverse repurchase agree- lows: guarantee or reimbursement obligation in ment)— ‘‘(iv) FORWARD CONTRACT.—The term ‘for- connection with any agreement or trans- ‘‘(I) means an agreement, including related ward contract’ means— action referred to in any such subclause.’’. terms, which provides for the transfer of one ‘‘(I) a contract (other than a commodity (e) DEFINITION OF REPURCHASE AGREE- or more certificates of deposit, mortgage-re- contract) for the purchase, sale, or transfer MENT.— lated securities (as such term is defined in of a commodity or any similar good, article, (1) FDIC-INSURED DEPOSITORY INSTITU- the Securities Exchange Act of 1934), mort- service, right, or interest which is presently TIONS.—Section 11(e)(8)(D)(v) of the Federal gage loans, interests in mortgage-related se- or in the future becomes the subject of deal- Deposit Insurance Act (12 U.S.C. curities or mortgage loans, eligible bankers’ ing in the forward contract trade, or product 1821(e)(8)(D)(v)) is amended to read as fol- acceptances, qualified foreign government or byproduct thereof, with a maturity date lows: securities or securities that are direct obli- more than 2 days after the date the contract ‘‘(v) REPURCHASE AGREEMENT.—The term gations of, or that are fully guaranteed by, is entered into, including, a repurchase or re- ‘repurchase agreement’ (which definition the United States or any agency of the verse repurchase transaction (whether or not also applies to a reverse repurchase agree- United States against the transfer of funds such repurchase or reverse repurchase trans- ment)— by the transferee of such certificates of de- action is a repurchase agreement as defined ‘‘(I) means an agreement, including related posit, eligible bankers’ acceptances, securi- in section 11(e)(8)(D)(v)), consignment, lease, terms, which provides for the transfer of one ties, mortgage loans, or interests with a si- swap, hedge transaction, deposit, loan, op- or more certificates of deposit, mortgage-re- multaneous agreement by such transferee to tion, allocated transaction, unallocated lated securities (as such term is defined in transfer to the transferor thereof certificates transaction, or any other similar agreement; the Securities Exchange Act of 1934), mort- of deposit, eligible bankers’ acceptances, se- ‘‘(II) any combination of agreements or gage loans, interests in mortgage-related securities, mortgage loans, or interests as de- transactions referred to in subclauses (I) and curities or mortgage loans, eligible bankers’ scribed above, at a date certain not later (III); acceptances, qualified foreign government than 1 year after such transfers or on de- ‘‘(III) any option to enter into any agree- securities or securities that are direct obli- mand, against the transfer of funds, or any ment or transaction referred to in subclause gations of, or that are fully guaranteed by, other similar agreement; (I) or (II); the United States or any agency of the ‘‘(II) does not include any repurchase obli- ‘‘(IV) a master agreement that provides for United States against the transfer of funds gation under a participation in a commercial an agreement or transaction referred to in by the transferee of such certificates of de- mortgage loan unless the Board determines subclauses (I), (II), or (III), together with all posit, eligible bankers’ acceptances, securi- by regulation, resolution, or order to include supplements to any such master agreement, ties, mortgage loans, or interests with a si- any such participation within the meaning without regard to whether the master agree- multaneous agreement by such transferee to of such term; ment provides for an agreement or trans- transfer to the transferor thereof certificates ‘‘(III) means any combination of agree- action that is not a forward contract under of deposit, eligible bankers’ acceptances, se- ments or transactions referred to in sub- this clause, except that the master agree- curities, mortgage loans, or interests as de- clauses (I) and (IV); ment shall be considered to be a forward con- scribed above, at a date certain not later ‘‘(IV) means any option to enter into any tract under this clause only with respect to than 1 year after such transfers or on de- agreement or transaction referred to in sub- each agreement or transaction under the mand, against the transfer of funds, or any clause (I) or (III); master agreement that is referred to in sub- other similar agreement; ‘‘(V) means a master agreement that pro- clause (I), (II), or (III); or ‘‘(II) does not include any repurchase obli- vides for an agreement or transaction re- ‘‘(V) any security agreement or arrange- gation under a participation in a commercial ferred to in subclause (I), (III), or (IV), to- ment or other credit enhancement related to mortgage loan unless the Corporation deter- gether with all supplements to any such any agreement or transaction referred to in mines by regulation, resolution, or order to master agreement, without regard to wheth- subclause (I), (II), (III), or (IV), including any include any such participation within the er the master agreement provides for an guarantee or reimbursement obligation in meaning of such term; agreement or transaction that is not a repur- connection with any agreement or transaction referred to in any such subclause.’’. ‘‘(III) means any combination of agree- chase agreement under this clause, except ments or transactions referred to in sub- that the master agreement shall be consid- (2) INSURED CREDIT UNIONS.—Section 207(c)(8)(D)(iv) of the Federal Credit Union clauses (I) and (IV); ered to be a repurchase agreement under this Act (12 U.S.C. 1787(c)(8)(D)(iv)) is amended to ‘‘(IV) means any option to enter into any subclause only with respect to each agree- read as follows: agreement or transaction referred to in sub- ment or transaction under the master agree- clause (I) or (III); ment that is referred to in subclause (I), ‘‘(iv) FORWARD CONTRACT.—The term ‘forward contract’ means— ‘‘(V) means a master agreement that pro- (III), or (IV); and ‘‘(I) a contract (other than a commodity vides for an agreement or transaction re- ‘‘(VI) means any security agreement or ar- contract) for the purchase, sale, or transfer ferred to in subclause (I), (III), or (IV), to- rangement or other credit enhancement re- of a commodity or any similar good, article, gether with all supplements to any such lated to any agreement or transaction re- service, right, or interest which is presently master agreement, without regard to wheth- ferred to in subclause (I), (III), (IV), or (V), or in the future becomes the subject of dealer the master agreement provides for an including any guarantee or reimbursement ing in the forward contract trade, or product agreement or transaction that is not a repur- obligation in connection with any agreement or byproduct thereof, with a maturity date chase agreement under this clause, except or transaction referred to in any such sub- more than 2 days after the date the contract that the master agreement shall be consid- clause. is entered into, including, a repurchase ered to be a repurchase agreement under this For purposes of this clause, the term ‘quali- transaction, reverse repurchase transaction, subclause only with respect to each agree- fied foreign government security’ means a consignment, lease, swap, hedge transaction, ment or transaction under the master agree- security that is a direct obligation of, or deposit, loan, option, allocated transaction, ment that is referred to in subclause (I), that is fully guaranteed by, the central gov- unallocated transaction, or any other simi- (III), or (IV); and ernment of a member of the Organization for lar agreement; ‘‘(VI) means any security agreement or ar- Economic Cooperation and Development (as ‘‘(II) any combination of agreements or rangement or other credit enhancement re- determined by regulation or order adopted transactions referred to in subclauses (I) and lated to any agreement or transaction re- by the appropriate Federal banking author- (III); ferred to in subclause (I), (III), (IV), or (V), ity).’’. ‘‘(III) any option to enter into any agree- including any guarantee or reimbursement (f) DEFINITION OF SWAP AGREEMENT.— ment or transaction referred to in subclause obligation in connection with any agreement (1) FDIC-INSURED DEPOSITORY INSTITU- (I) or (II); or transaction referred to in any such sub- TIONS.—Section 11(e)(8)(D)(vi) of the Federal ‘‘(IV) a master agreement that provides for clause. Deposit Insurance Act (12 U.S.C. an agreement or transaction referred to in For purposes of this clause, the term ‘quali- 1821(e)(8)(D)(vi)) is amended to read as fol- subclauses (I), (II), or (III), together with all fied foreign government security’ means a lows: supplements to any such master agreement, security that is a direct obligation of, or ‘‘(vi) SWAP AGREEMENT.—The term ‘swap without regard to whether the master agree- that is fully guaranteed by, the central gov- agreement’ means— ment provides for an agreement or trans- ernment of a member of the Organization for ‘‘(I) any agreement, including the terms action that is not a forward contract under Economic Cooperation and Development (as and conditions incorporated by reference in this clause, except that the master agree- determined by regulation or order adopted any such agreement, which is an interest ment shall be considered to be a forward con- by the appropriate Federal banking author- rate swap, option, future, or forward agree- tract under this clause only with respect to ity).’’. ment, including a rate floor, rate cap, rate each agreement or transaction under the (2) INSURED CREDIT UNIONS.—Section collar, cross-currency rate swap, and basis master agreement that is referred to in sub- 207(c)(8)(D)(v) of the Federal Credit Union swap; a spot, same day-tomorrow, tomorrow- clause (I), (II), or (III); or Act (12 U.S.C. 1787(c)(8)(D)(v)) is amended to next, forward, or other foreign exchange, ‘‘(V) any security agreement or arrange- read as follows: precious metals, or other commodity agreement or other credit enhancement related to ‘‘(v) REPURCHASE AGREEMENT.—The term ment; a currency swap, option, future, or for- any agreement or transaction referred to in ‘repurchase agreement’ (which definition ward agreement; an equity index or equity

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2280 CONGRESSIONAL RECORD — SENATE March 8, 2005 swap, option, future, or forward agreement; a ward agreement; an equity index or equity (12 U.S.C. 1787(c)(8)(D)) (as amended by sub- debt index or debt swap, option, future, or swap, option, future, or forward agreement; a section (f) of this section) is amended by add- forward agreement; a total return, credit debt index or debt swap, option, future, or ing at the end the following new clause: spread or credit swap, option, future, or for- forward agreement; a total return, credit ‘‘(viii) TRANSFER.—The term ‘transfer’ ward agreement; a commodity index or com- spread or credit swap, option, future, or for- means every mode, direct or indirect, abso- modity swap, option, future, or forward ward agreement; a commodity index or com- lute or conditional, voluntary or involun- agreement; or a weather swap, option, fu- modity swap, option, future, or forward tary, of disposing of or parting with property ture, or forward agreement; an emissions agreement; or a weather swap, option, fu- or with an interest in property, including re- swap, option, future, or forward agreement; ture, or forward agreement; an emissions tention of title as a security interest and or an inflation swap, option, future, or for- swap, option, future, or forward agreement; foreclosure of the depository institution’s ward agreement; or an inflation swap, option, future, or for- equity of redemption.’’. ward agreement; ‘‘(II) any agreement or transaction that is (h) TREATMENT OF QUALIFIED FINANCIAL ‘‘(II) any agreement or transaction that is similar to any other agreement or trans- CONTRACTS.— similar to any other agreement or transaction referred to in this clause and that is (1) FDIC-INSURED DEPOSITORY INSTITU- action referred to in this clause and that is of a type that has been, is presently, or in TIONS.—Section 11(e)(8) of the Federal De- of a type that has been, is presently, or in the future becomes, the subject of recurrent posit Insurance Act (12 U.S.C. 1821(e)(8)) is the future becomes, the subject of recurrent dealings in the swap or other derivatives amended— dealings in the swap or other derivatives markets (including terms and conditions in- (A) in subparagraph (A)— markets (including terms and conditions incorporated by reference in such agreement) (i) by striking ‘‘paragraph (10)’’ and insert- corporated by reference in such agreement) and that is a forward, swap, future, option, ing ‘‘paragraphs (9) and (10)’’; and that is a forward, swap, future, option, or spot transaction on one or more rates, (ii) in clause (i), by striking ‘‘to cause the currencies, commodities, equity securities or or spot transaction on one or more rates, currencies, commodities, equity securities or termination or liquidation’’ and inserting other equity instruments, debt securities or ‘‘such person has to cause the termination, other debt instruments, quantitative meas- other equity instruments, debt securities or other debt instruments, quantitative meas- liquidation, or acceleration’’; and ures associated with an occurrence, extent of (iii) by striking clause (ii) and inserting an occurrence, or contingency associated ures associated with an occurrence, extent of an occurrence, or contingency associated the following new clause: with a financial, commercial, or economic ‘‘(ii) any right under any security agree- consequence, or economic or financial indi- with a financial, commercial, or economic consequence, or economic or financial indi- ment or arrangement or other credit en- ces or measures of economic or financial risk hancement related to one or more qualified or value; ces or measures of economic or financial risk or value; financial contracts described in clause (i);’’; ‘‘(III) any combination of agreements or and transactions referred to in this clause; ‘‘(III) any combination of agreements or transactions referred to in this clause; (B) in subparagraph (E), by striking clause ‘‘(IV) any option to enter into any agree- (ii) and inserting the following: ment or transaction referred to in this ‘‘(IV) any option to enter into any agreement or transaction referred to in this ‘‘(ii) any right under any security agree- clause; ment or arrangement or other credit en- ‘‘(V) a master agreement that provides for clause; ‘‘(V) a master agreement that provides for hancement related to one or more qualified an agreement or transaction referred to in an agreement or transaction referred to in financial contracts described in clause (i);’’. subclause (I), (II), (III), or (IV), together with subclause (I), (II), (III), or (IV), together with (2) INSURED CREDIT UNIONS.—Section all supplements to any such master agree- all supplements to any such master agree- 207(c)(8) of the Federal Credit Union Act (12 ment, without regard to whether the master ment, without regard to whether the master U.S.C. 1787(c)(8)) is amended— agreement contains an agreement or trans- agreement contains an agreement or trans- (A) in subparagraph (A)— action that is not a swap agreement under action that is not a swap agreement under (i) by striking ‘‘paragraph (12)’’ and insert- this clause, except that the master agree- this clause, except that the master agreeing ‘‘paragraphs (9) and (10)’’; ment shall be considered to be a swap agreement shall be considered to be a swap agree- (ii) in clause (i), by striking ‘‘to cause the ment under this clause only with respect to ment under this clause only with respect to termination or liquidation’’ and inserting each agreement or transaction under the each agreement or transaction under the ‘‘such person has to cause the termination, master agreement that is referred to in sub- master agreement that is referred to in sub- liquidation, or acceleration’’; and clause (I), (II), (III), or (IV); and clause (I), (II), (III), or (IV); and (iii) by striking clause (ii) and inserting ‘‘(VI) any security agreement or arrange- ‘‘(VI) any security agreement or arrange- the following new clause: ment or other credit enhancement related to ment or other credit enhancement related to ‘‘(ii) any right under any security agree- any agreements or transactions referred to any agreements or transactions referred to ment or arrangement or other credit en- in subclause (I), (II), (III), (IV), or (V), in- in subclause (I), (II), (III), (IV), or (V), in- hancement related to 1 or more qualified fi- cluding any guarantee or reimbursement ob- cluding any guarantee or reimbursement ob- nancial contracts described in clause (i);’’; ligation in connection with any agreement ligation in connection with any agreement and or transaction referred to in any such sub- or transaction referred to in any such sub- (B) in subparagraph (E), by striking clause clause. clause. (ii) and inserting the following new clause: Such term is applicable for purposes of this Such term is applicable for purposes of this ‘‘(ii) any right under any security agree- subsection only and shall not be construed or subsection only and shall not be construed or ment or arrangement or other credit en- applied so as to challenge or affect the char- applied so as to challenge or affect the char- hancement related to 1 or more qualified fi- acterization, definition, or treatment of any acterization, definition, or treatment of any nancial contracts described in clause (i);’’. swap agreement under any other statute, swap agreement under any other statute, (i) AVOIDANCE OF TRANSFERS.— regulation, or rule, including the Securities regulation, or rule, including the Securities (1) FDIC-INSURED DEPOSITORY INSTITU- Act of 1933, the Securities Exchange Act of Act of 1933, the Securities Exchange Act of TIONS.—Section 11(e)(8)(C)(i) of the Federal 1934, the Public Utility Holding Company 1934, the Public Utility Holding Company Deposit Insurance Act (12 U.S.C. Act of 1935, the Trust Indenture Act of 1939, Act of 1935, the Trust Indenture Act of 1939, 1821(e)(8)(C)(i)) is amended by inserting ‘‘sec- the Investment Company Act of 1940, the In- the Investment Company Act of 1940, the In- tion 5242 of the Revised Statutes of the vestment Advisers Act of 1940, the Securities vestment Advisers Act of 1940, the Securities United States or any other Federal or State Investor Protection Act of 1970, the Com- Investor Protection Act of 1970, the Com- law relating to the avoidance of preferential modity Exchange Act, the Gramm-Leach- modity Exchange Act, the Gramm-Leach- or fraudulent transfers,’’ before ‘‘the Cor- Bliley Act, and the Legal Certainty for Bank Bliley Act, and the Legal Certainty for Bank poration’’. Products Act of 2000.’’. Products Act of 2000.’’. (2) INSURED CREDIT UNIONS.—Section (2) INSURED CREDIT UNIONS.—Section (g) DEFINITION OF TRANSFER.— 207(c)(8)(C)(i) of the Federal Credit Union Act 207(c)(8)(D) of the Federal Credit Union Act (1) FDIC-INSURED DEPOSITORY INSTITU- (12 U.S.C. 1787(c)(8)(C)(i)) is amended by in- (12 U.S.C. 1787(c)(8)(D)) is amended by adding TIONS.—Section 11(e)(8)(D)(viii) of the Fed- serting ‘‘section 5242 of the Revised Statutes at the end the following new clause: eral Deposit Insurance Act (12 U.S.C. of the United States or any other Federal or ‘‘(vi) SWAP AGREEMENT.—The term ‘swap 1821(e)(8)(D)(viii)) is amended to read as fol- State law relating to the avoidance of pref- agreement’ means— lows: erential or fraudulent transfers,’’ before ‘‘the ‘‘(I) any agreement, including the terms ‘‘(viii) TRANSFER.—The term ‘transfer’ Board’’. and conditions incorporated by reference in means every mode, direct or indirect, abso- any such agreement, which is an interest lute or conditional, voluntary or involun- SEC. 902. AUTHORITY OF THE FDIC AND NCUAB rate swap, option, future, or forward agree- tary, of disposing of or parting with property WITH RESPECT TO FAILED AND ment, including a rate floor, rate cap, rate or with an interest in property, including re- FAILING INSTITUTIONS. collar, cross-currency rate swap, and basis tention of title as a security interest and (a) FEDERAL DEPOSIT INSURANCE CORPORA- swap; a spot, same day-tomorrow, tomorrow- foreclosure of the depository institution’s TION.— next, forward, or other foreign exchange, equity of redemption.’’. (1) IN GENERAL.—Section 11(e)(8) of the precious metals, or other commodity agree- (2) INSURED CREDIT UNIONS.—Section Federal Deposit Insurance Act (12 U.S.C. ment; a currency swap, option, future, or for- 207(c)(8)(D) of the Federal Credit Union Act 1821(e)(8)) is amended—

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2281 (A) in subparagraph (E), by striking ‘‘other Credit Union Act (12 U.S.C. 1787(c)(12)(A)) is means a broker or dealer, a depository insti- than paragraph (12) of this subsection, sub- amended by inserting ‘‘or the exercise of tution, a futures commission merchant, or section (d)(9)’’ and inserting ‘‘other than sub- rights or powers by’’ after ‘‘the appointment any other institution, as determined by the sections (d)(9) and (e)(10)’’; and of’’. Corporation by regulation to be a financial (B) by adding at the end the following new SEC. 903. AMENDMENTS RELATING TO TRANS- institution, and the term ‘clearing organiza- subparagraphs: FERS OF QUALIFIED FINANCIAL tion’ has the same meaning as in section 402 ‘‘(F) CLARIFICATION.—No provision of law CONTRACTS. of the Federal Deposit Insurance Corporation shall be construed as limiting the right or (a) FDIC-INSURED DEPOSITORY INSTITU- Improvement Act of 1991.’’. TIONS.— power of the Corporation, or authorizing any (2) NOTICE TO QUALIFIED FINANCIAL CON- (1) TRANSFERS OF QUALIFIED FINANCIAL court or agency to limit or delay, in any TRACT COUNTERPARTIES.—Section 11(e)(10)(A) manner, the right or power of the Corpora- CONTRACTS TO FINANCIAL INSTITUTIONS.—Sec- of the Federal Deposit Insurance Act (12 tion 11(e)(9) of the Federal Deposit Insurance tion to transfer any qualified financial con- U.S.C. 1821(e)(10)(A)) is amended in the mate- Act (12 U.S.C. 1821(e)(9)) is amended to read tract in accordance with paragraphs (9) and rial immediately following clause (ii) by as follows: (10) of this subsection or to disaffirm or repu- striking ‘‘the conservator’’ and all that fol- ‘‘(9) TRANSFER OF QUALIFIED FINANCIAL CON- diate any such contract in accordance with lows through the period and inserting the TRACTS.— subsection (e)(1) of this section. following: ‘‘the conservator or receiver shall ‘‘(G) WALKAWAY CLAUSES NOT EFFECTIVE.— ‘‘(A) IN GENERAL.—In making any transfer of assets or liabilities of a depository institu- notify any person who is a party to any such ‘‘(i) IN GENERAL.—Notwithstanding the pro- contract of such transfer by 5:00 p.m. (east- visions of subparagraphs (A) and (E), and section in default which includes any qualified ern time) on the business day following the tions 403 and 404 of the Federal Deposit In- financial contract, the conservator or re- date of the appointment of the receiver in surance Corporation Improvement Act of ceiver for such depository institution shall the case of a receivership, or the business 1991, no walkaway clause shall be enforceable either— day following such transfer in the case of a in a qualified financial contract of an in- ‘‘(i) transfer to one financial institution, conservatorship.’’. sured depository institution in default. other than a financial institution for which (3) RIGHTS AGAINST RECEIVER AND CONSER- ‘‘(ii) WALKAWAY CLAUSE DEFINED.—For pur- a conservator, receiver, trustee in bank- poses of this subparagraph, the term ruptcy, or other legal custodian has been ap- VATOR AND TREATMENT OF BRIDGE BANKS.— ‘walkaway clause’ means a provision in a pointed or which is otherwise the subject of Section 11(e)(10) of the Federal Deposit In- qualified financial contract that, after cal- a bankruptcy or insolvency proceeding— surance Act (12 U.S.C. 1821(e)(10)) is amend- culation of a value of a party’s position or an ‘‘(I) all qualified financial contracts be- ed— amount due to or from 1 of the parties in ac- tween any person or any affiliate of such per- (A) by redesignating subparagraph (B) as cordance with its terms upon termination, son and the depository institution in default; subparagraph (D); and liquidation, or acceleration of the qualified ‘‘(II) all claims of such person or any affil- (B) by inserting after subparagraph (A) the financial contract, either does not create a iate of such person against such depository following new subparagraphs: payment obligation of a party or extin- institution under any such contract (other ‘‘(B) CERTAIN RIGHTS NOT ENFORCEABLE.— guishes a payment obligation of a party in than any claim which, under the terms of ‘‘(i) RECEIVERSHIP.—A person who is a whole or in part solely because of such par- any such contract, is subordinated to the party to a qualified financial contract with ty’s status as a nondefaulting party.’’. claims of general unsecured creditors of such an insured depository institution may not (2) TECHNICAL AND CONFORMING AMEND- institution); exercise any right that such person has to MENT.—Section 11(e)(12)(A) of the Federal ‘‘(III) all claims of such depository institu- terminate, liquidate, or net such contract Deposit Insurance Act (12 U.S.C. tion against such person or any affiliate of under paragraph (8)(A) of this subsection or 1821(e)(12)(A)) is amended by inserting ‘‘or such person under any such contract; and section 403 or 404 of the Federal Deposit In- the exercise of rights or powers by’’ after ‘‘(IV) all property securing or any other surance Corporation Improvement Act of ‘‘the appointment of’’. credit enhancement for any contract de- 1991, solely by reason of or incidental to the (b) NATIONAL CREDIT UNION ADMINISTRA- scribed in subclause (I) or any claim de- appointment of a receiver for the depository TION BOARD.— scribed in subclause (II) or (III) under any institution (or the insolvency or financial (1) IN GENERAL.—Section 207(c)(8) of the such contract; or condition of the depository institution for Federal Credit Union Act (12 U.S.C. ‘‘(ii) transfer none of the qualified finan- which the receiver has been appointed)— 1787(c)(8)) is amended— cial contracts, claims, property or other ‘‘(I) until 5:00 p.m. (eastern time) on the (A) in subparagraph (E) (as amended by credit enhancement referred to in clause (i) business day following the date of the ap- section 901(h)), by striking ‘‘other than para- (with respect to such person and any affiliate pointment of the receiver; or graph (12) of this subsection, subsection of such person). ‘‘(II) after the person has received notice (b)(9)’’ and inserting ‘‘other than subsections ‘‘(B) TRANSFER TO FOREIGN BANK, FOREIGN that the contract has been transferred pursu- (b)(9) and (c)(10)’’; and FINANCIAL INSTITUTION, OR BRANCH OR AGENCY ant to paragraph (9)(A). (B) by adding at the end the following new OF A FOREIGN BANK OR FINANCIAL INSTITU- ‘‘(ii) CONSERVATORSHIP.—A person who is a subparagraphs: TION.—In transferring any qualified financial party to a qualified financial contract with ‘‘(F) CLARIFICATION.—No provision of law contracts and related claims and property an insured depository institution may not shall be construed as limiting the right or under subparagraph (A)(i), the conservator exercise any right that such person has to power of the Board, or authorizing any court or receiver for the depository institution terminate, liquidate, or net such contract or agency to limit or delay, in any manner, shall not make such transfer to a foreign under paragraph (8)(E) of this subsection or the right or power of the Board to transfer bank, financial institution organized under section 403 or 404 of the Federal Deposit In- any qualified financial contract in accord- the laws of a foreign country, or a branch or surance Corporation Improvement Act of ance with paragraphs (9) and (10) of this sub- agency of a foreign bank or financial institu- 1991, solely by reason of or incidental to the section or to disaffirm or repudiate any such tion unless, under the law applicable to such appointment of a conservator for the deposi- contract in accordance with subsection (c)(1) bank, financial institution, branch or agen- tory institution (or the insolvency or finan- of this section. cy, to the qualified financial contracts, and cial condition of the depository institution ‘‘(G) WALKAWAY CLAUSES NOT EFFECTIVE.— to any netting contract, any security agree- for which the conservator has been ap- ‘‘(i) IN GENERAL.—Notwithstanding the pro- ment or arrangement or other credit en- pointed). visions of subparagraphs (A) and (E), and sec- hancement related to one or more qualified ‘‘(iii) NOTICE.—For purposes of this para- tions 403 and 404 of the Federal Deposit In- financial contracts, the contractual rights of graph, the Corporation as receiver or conser- surance Corporation Improvement Act of the parties to such qualified financial con- vator of an insured depository institution 1991, no walkaway clause shall be enforceable tracts, netting contracts, security agree- shall be deemed to have notified a person in a qualified financial contract of an in- ments or arrangements, or other credit en- who is a party to a qualified financial con- sured credit union in default. hancements are enforceable substantially to tract with such depository institution if the ‘‘(ii) WALKAWAY CLAUSE DEFINED.—For pur- the same extent as permitted under this sec- Corporation has taken steps reasonably cal- poses of this subparagraph, the term tion. culated to provide notice to such person by ‘walkaway clause’ means a provision in a ‘‘(C) TRANSFER OF CONTRACTS SUBJECT TO the time specified in subparagraph (A). qualified financial contract that, after cal- THE RULES OF A CLEARING ORGANIZATION.—In ‘‘(C) TREATMENT OF BRIDGE BANKS.—The culation of a value of a party’s position or an the event that a conservator or receiver following institutions shall not be considered amount due to or from 1 of the parties in ac- transfers any qualified financial contract to be a financial institution for which a con- cordance with its terms upon termination, and related claims, property, and credit en- servator, receiver, trustee in bankruptcy, or liquidation, or acceleration of the qualified hancements pursuant to subparagraph (A)(i) other legal custodian has been appointed or financial contract, either does not create a and such contract is cleared by or subject to which is otherwise the subject of a bank- payment obligation of a party or extin- the rules of a clearing organization, the ruptcy or insolvency proceeding for purposes guishes a payment obligation of a party in clearing organization shall not be required of paragraph (9): whole or in part solely because of such par- to accept the transferee as a member by vir- ‘‘(i) A bridge bank. ty’s status as a nondefaulting party.’’. tue of the transfer. ‘‘(ii) A depository institution organized by (2) TECHNICAL AND CONFORMING AMEND- ‘‘(D) DEFINITIONS.—For purposes of this the Corporation, for which a conservator is MENT.—Section 207(c)(12)(A) of the Federal paragraph, the term ‘financial institution’ appointed either—

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2282 CONGRESSIONAL RECORD — SENATE March 8, 2005 ‘‘(I) immediately upon the organization of union, or any other institution, as deter- and the Board as receiver for a credit union the institution; or mined by the Board by regulation to be a fi- in default.’’. ‘‘(II) at the time of a purchase and assump- nancial institution; and SEC. 904. AMENDMENTS RELATING TO tion transaction between the depository in- ‘‘(ii) the term ‘clearing organization’ has DISAFFIRMANCE OR REPUDIATION stitution and the Corporation as receiver for the same meaning as in section 402 of the OF QUALIFIED FINANCIAL CON- a depository institution in default.’’. Federal Deposit Insurance Corporation Im- TRACTS. (b) INSURED CREDIT UNIONS.— provement Act of 1991.’’. (a) FDIC-INSURED DEPOSITORY INSTITU- (1) TRANSFERS OF QUALIFIED FINANCIAL CON- (2) NOTICE TO QUALIFIED FINANCIAL CON- TIONS.—Section 11(e) of the Federal Deposit TRACTS TO FINANCIAL INSTITUTIONS.—Section TRACT COUNTERPARTIES.—Section Insurance Act (12 U.S.C. 1821(e)) is amend- 207(c)(9) of the Federal Credit Union Act (12 207(c)(10)(A) of the Federal Credit Union Act ed— U.S.C. 1787(c)(9)) is amended to read as fol- (12 U.S.C. 1787(c)(10)(A)) is amended in the (1) by redesignating paragraphs (11) lows: material immediately following clause (ii) through (15) as paragraphs (12) through (16), ‘‘(9) TRANSFER OF QUALIFIED FINANCIAL CON- by striking ‘‘the conservator’’ and all that respectively; TRACTS.— follows through the period and inserting the (2) by inserting after paragraph (10) the fol- ‘‘(A) IN GENERAL.—In making any transfer following: ‘‘the conservator or liquidating lowing new paragraph: of assets or liabilities of a credit union in de- agent shall notify any person who is a party ‘‘(11) DISAFFIRMANCE OR REPUDIATION OF fault which includes any qualified financial to any such contract of such transfer by 5:00 QUALIFIED FINANCIAL CONTRACTS.—In exer- contract, the conservator or liquidating p.m. (eastern time) on the business day fol- cising the rights of disaffirmance or repudi- agent for such credit union shall either— lowing the date of the appointment of the ation of a conservator or receiver with re- ‘‘(i) transfer to 1 financial institution, liquidating agent in the case of a liquidation, spect to any qualified financial contract to other than a financial institution for which or the business day following such transfer which an insured depository institution is a a conservator, receiver, trustee in bank- in the case of a conservatorship.’’. party, the conservator or receiver for such ruptcy, or other legal custodian has been ap- (3) RIGHTS AGAINST LIQUIDATING AGENT AND institution shall either— pointed or which is otherwise the subject of CONSERVATOR AND TREATMENT OF BRIDGE ‘‘(A) disaffirm or repudiate all qualified fi- a bankruptcy or insolvency proceeding— BANKS.—Section 207(c)(10) of the Federal nancial contracts between— ‘‘(I) all qualified financial contracts be- Credit Union Act (12 U.S.C. 1787(c)(10)) is ‘‘(i) any person or any affiliate of such per- tween any person or any affiliate of such per- amended— son; and son and the credit union in default; (A) by redesignating subparagraph (B) as ‘‘(ii) the depository institution in default; ‘‘(II) all claims of such person or any affil- subparagraph (D); and or iate of such person against such credit union (B) by inserting after subparagraph (A) the ‘‘(B) disaffirm or repudiate none of the under any such contract (other than any following new subparagraphs: qualified financial contracts referred to in claim which, under the terms of any such ‘‘(B) CERTAIN RIGHTS NOT ENFORCEABLE.— subparagraph (A) (with respect to such per- contract, is subordinated to the claims of ‘‘(i) LIQUIDATION.—A person who is a party son or any affiliate of such person).’’; and general unsecured creditors of such credit to a qualified financial contract with an in- (3) by adding at the end the following new union); sured credit union may not exercise any paragraph: ‘‘(III) all claims of such credit union right that such person has to terminate, liq- ‘‘(17) SAVINGS CLAUSE.—The meanings of against such person or any affiliate of such uidate, or net such contract under paragraph terms used in this subsection are applicable person under any such contract; and (8)(A) of this subsection or section 403 or 404 for purposes of this subsection only, and ‘‘(IV) all property securing or any other of the Federal Deposit Insurance Corporation shall not be construed or applied so as to credit enhancement for any contract de- Improvement Act of 1991, solely by reason of challenge or affect the characterization, def- scribed in subclause (I) or any claim de- or incidental to the appointment of a liqui- inition, or treatment of any similar terms scribed in subclause (II) or (III) under any dating agent for the credit union institution under any other statute, regulation, or rule, such contract; or (or the insolvency or financial condition of including the Gramm-Leach-Bliley Act, the ‘‘(ii) transfer none of the qualified finan- the credit union for which the liquidating Legal Certainty for Bank Products Act of cial contracts, claims, property or other agent has been appointed)— 2000, the securities laws (as that term is de- credit enhancement referred to in clause (i) ‘‘(I) until 5:00 p.m. (eastern time) on the fined in section 3(a)(47) of the Securities Ex- (with respect to such person and any affiliate business day following the date of the ap- change Act of 1934), and the Commodity Ex- of such person). pointment of the liquidating agent; or change Act.’’. ‘‘(B) TRANSFER TO FOREIGN BANK, FOREIGN ‘‘(II) after the person has received notice (b) INSURED CREDIT UNIONS.—Section 207(c) FINANCIAL INSTITUTION, OR BRANCH OR AGENCY that the contract has been transferred pursu- of the Federal Credit Union Act (12 U.S.C. OF A FOREIGN BANK OR FINANCIAL INSTITU- ant to paragraph (9)(A). 1787(c)) is amended— TION.—In transferring any qualified financial ‘‘(ii) CONSERVATORSHIP.—A person who is a (1) by redesignating paragraphs (11), (12), contracts and related claims and property party to a qualified financial contract with and (13) as paragraphs (12), (13), and (14), re- under subparagraph (A)(i), the conservator an insured credit union may not exercise any spectively; or liquidating agent for the credit union right that such person has to terminate, liq- (2) by inserting after paragraph (10) the fol- shall not make such transfer to a foreign uidate, or net such contract under paragraph lowing new paragraph: bank, financial institution organized under (8)(E) of this subsection or section 403 or 404 ‘‘(11) DISAFFIRMANCE OR REPUDIATION OF the laws of a foreign country, or a branch or of the Federal Deposit Insurance Corporation QUALIFIED FINANCIAL CONTRACTS.—In exer- agency of a foreign bank or financial institu- Improvement Act of 1991, solely by reason of cising the rights of disaffirmance or repudi- tion unless, under the law applicable to such or incidental to the appointment of a conser- ation of a conservator or liquidating agent bank, financial institution, branch or agen- vator for the credit union or the insolvency with respect to any qualified financial con- cy, to the qualified financial contracts, and or financial condition of the credit union for tract to which an insured credit union is a to any netting contract, any security agree- which the conservator has been appointed). party, the conservator or liquidating agent ment or arrangement or other credit en- ‘‘(iii) NOTICE.—For purposes of this para- for such credit union shall either— hancement related to 1 or more qualified fi- graph, the Board as conservator or liqui- ‘‘(A) disaffirm or repudiate all qualified financial contracts, the contractual rights of dating agent of an insured credit union shall nancial contracts between— the parties to such qualified financial con- be deemed to have notified a person who is a ‘‘(i) any person or any affiliate of such per- tracts, netting contracts, security agree- party to a qualified financial contract with son; and ments or arrangements, or other credit en- such credit union if the Board has taken ‘‘(ii) the credit union in default; or hancements are enforceable substantially to steps reasonably calculated to provide notice ‘‘(B) disaffirm or repudiate none of the the same extent as permitted under this sec- to such person by the time specified in sub- qualified financial contracts referred to in tion. paragraph (A). subparagraph (A) (with respect to such per- ‘‘(C) TRANSFER OF CONTRACTS SUBJECT TO ‘‘(C) TREATMENT OF BRIDGE BANKS.—The son or any affiliate of such person).’’; and THE RULES OF A CLEARING ORGANIZATION.—In following institutions shall not be considered (3) by adding at the end the following new the event that a conservator or liquidating to be a financial institution for which a con- paragraph: agent transfers any qualified financial conservator, receiver, trustee in bankruptcy, or ‘‘(15) SAVINGS CLAUSE.—The meanings of tract and related claims, property, and cred- other legal custodian has been appointed or terms used in this subsection are applicable it enhancements pursuant to subparagraph which is otherwise the subject of a bank- for purposes of this subsection only, and (A)(i) and such contract is cleared by or sub- ruptcy or insolvency proceeding for purposes shall not be construed or applied so as to ject to the rules of a clearing organization, of paragraph (9): challenge or affect the characterization, def- the clearing organization shall not be re- ‘‘(i) A bridge bank. inition, or treatment of any similar terms quired to accept the transferee as a member ‘‘(ii) A credit union organized by the under any other statute, regulation, or rule, by virtue of the transfer. Board, for which a conservator is appointed including the Gramm-Leach-Bliley Act, the ‘‘(D) DEFINITIONS.—For purposes of this either— Legal Certainty for Bank Products Act of paragraph— ‘‘(I) immediately upon the organization of 2000, the securities laws (as that term is de- ‘‘(i) the term ‘financial institution’ means the credit union; or fined in section (a)(47) of the Securities Ex- a broker or dealer, a depository institution, ‘‘(II) at the time of a purchase and assump- change Act of 1934), and the Commodity Ex- a futures commission merchant, a credit tion transaction between the credit union change Act.’’.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2283 SEC. 905. CLARIFYING AMENDMENT RELATING ‘‘(B) an uninsured national bank or an un- ties Investor Protection Act of 1970), the cov- TO MASTER AGREEMENTS AND DEFI- insured State bank that is a member of the ered contractual payment obligations and NITION OF PERSON. Federal Reserve System, if the national the covered contractual payment entitle- (a) FDIC-INSURED DEPOSITORY INSTITU- bank or State member bank is not eligible to ments of a member of a clearing organiza- TIONS.— make application to become an insured bank tion to and from all other members of a (1) MASTER AGREEMENT.—Section under section 5 of the Federal Deposit Insur- clearing organization shall be terminated, 11(e)(8)(D)(vii) of the Federal Deposit Insur- ance Act;’’; and liquidated, accelerated, and netted in accordance Act (12 U.S.C. 1821(e)(8)(D)(vii)) is (C) by amending subparagraph (C), so re- ance with and subject to the conditions of amended to read as follows: designated, to read as follows: any applicable netting contract (except as ‘‘(vii) TREATMENT OF MASTER AGREEMENT ‘‘(C) a branch or agency of a foreign bank, provided in section 561(b)(2) of title 11, AS ONE AGREEMENT.—Any master agreement a foreign bank and any branch or agency of United States Code).’’; and for any contract or agreement described in the foreign bank, or the foreign bank that (2) by adding at the end the following new any preceding clause of this subparagraph established the branch or agency, as those subsection: (or any master agreement for such master terms are defined in section 1(b) of the Inter- ‘‘(h) ENFORCEABILITY OF SECURITY AGREE- agreement or agreements), together with all national Banking Act of 1978;’’; MENTS.—The provisions of any security supplements to such master agreement, shall (3) in paragraph (11), by inserting before agreement or arrangement or other credit be treated as a single agreement and a single the period ‘‘and any other clearing organiza- enhancement related to one or more netting qualified financial contract. If a master tion with which such clearing organization contracts between any 2 members of a clear- agreement contains provisions relating to has a netting contract’’; ing organization shall be enforceable in ac- agreements or transactions that are not (4) by amending paragraph (14)(A)(i) to cordance with their terms (except as pro- themselves qualified financial contracts, the read as follows: vided in section 561(b)(2) of title 11, United master agreement shall be deemed to be a ‘‘(i) means a contract or agreement be- States Code), and shall not be stayed, avoid- qualified financial contract only with re- tween 2 or more financial institutions, cleared, or otherwise limited by any State or Fed- spect to those transactions that are them- ing organizations, or members that provides eral law (other than section 11(e) of the Fed- selves qualified financial contracts.’’. for netting present or future payment obliga- eral Deposit Insurance Act, section 207(c) of (2) PERSON.—Section 11(e)(8)(D)of the Fed- tions or payment entitlements (including the Federal Credit Union Act, and section eral Deposit Insurance Act (12 U.S.C. liquidation or close out values relating to 5(b)(2) of the Securities Investor Protection 1821(e)(8)(D)) is amended by adding at the end such obligations or entitlements) among the Act of 1970).’’. the following: parties to the agreement; and’’; and (d) ENFORCEABILITY OF CONTRACTS WITH ‘‘(ix) For purposes of this subsection, ‘per- (5) by adding at the end the following new UNINSURED NATIONAL BANKS, UNINSURED FED- son’ shall include any governmental entity paragraph: ERAL BRANCHES AND AGENCIES, CERTAIN UNIN- and any entity set forth in the definition of ‘‘(15) PAYMENT.—The term ‘payment’ SURED STATE MEMBER BANKS, AND EDGE ACT ‘person’ in section 1 of title 1, United States means a payment of United States dollars, CORPORATIONS.—The Federal Deposit Insur- Code.’’. another currency, or a composite currency, ance Corporation Improvement Act of 1991 (b) INSURED CREDIT UNIONS.— and a noncash delivery, including a payment (12 U.S.C. 4401 et seq.) is amended— (1) MASTER AGREEMENT.—Section or delivery to liquidate an unmatured obli- (1) by redesignating section 407 as section 207(c)(8)(D) of the Federal Credit Union Act gation.’’. 407A; and (12 U.S.C. 1787(c)(8)(D)) is amended by insert- (b) ENFORCEABILITY OF BILATERAL NETTING (2) by inserting after section 406 the fol- ing after clause (vi) (as added by section CONTRACTS.—Section 403 of the Federal De- lowing new section: 901(f)) the following new clause: posit Insurance Corporation Improvement ‘‘SEC. 407. TREATMENT OF CONTRACTS WITH UN- ‘‘(vii) TREATMENT OF MASTER AGREEMENT Act of 1991 (12 U.S.C. 4403) is amended— INSURED NATIONAL BANKS, UNIN- SURED FEDERAL BRANCHES AND AS ONE AGREEMENT.—Any master agreement (1) by striking subsection (a) and inserting the following: AGENCIES, CERTAIN UNINSURED for any contract or agreement described in STATE MEMBER BANKS, AND EDGE ‘‘(a) GENERAL RULE.—Notwithstanding any any preceding clause of this subparagraph ACT CORPORATIONS. other provision of State or Federal law (or any master agreement for such master ‘‘(a) IN GENERAL.—Notwithstanding any (other than section 11(e) of the Federal De- agreement or agreements), together with all other provision of law, paragraphs (8), (9), posit Insurance Act, section 207(c) of the supplements to such master agreement, shall (10), and (11) of section 11(e) of the Federal Federal Credit Union Act, or any order au- be treated as a single agreement and a single Deposit Insurance Act shall apply to an un- thorized under section 5(b)(2) of the Securi- qualified financial contract. If a master insured national bank or uninsured Federal agreement contains provisions relating to ties Investor Protection Act of 1970), the covered contractual payment obligations and branch or Federal agency, a corporation agreements or transactions that are not chartered under section 25A of the Federal themselves qualified financial contracts, the the covered contractual payment entitlements between any 2 financial institutions Reserve Act, or an uninsured State member master agreement shall be deemed to be a bank which operates, or operates as, a multi- qualified financial contract only with re- shall be terminated, liquidated, accelerated, and netted in accordance with, and subject lateral clearing organization pursuant to spect to those transactions that are them- section 409 of this Act, except that for such selves qualified financial contracts.’’. to the conditions of, the terms of any applicable netting contract (except as provided in purpose— (2) PERSON.—Section 207(c) of the Federal section 561(b)(2) of title 11, United States ‘‘(1) any reference to the ‘Corporation as Credit Union Act (12 U.S.C. 1787(c)) is amend- receiver’ or ‘the receiver or the Corporation’ ed by adding at the end the following: Code).’’; and (2) by adding at the end the following new shall refer to the receiver appointed by the ‘‘(ix) For purposes of this subsection, ‘per- Comptroller of the Currency in the case of an son’ shall include any governmental entity subsection: ‘‘(f) ENFORCEABILITY OF SECURITY AGREE- uninsured national bank or uninsured Fed- and any entity set forth in the definition of MENTS.—The provisions of any security eral branch or agency, or to the receiver ap- ‘person’ in section 1 of title 1, United States agreement or arrangement or other credit pointed by the Board of Governors of the Code.’’. enhancement related to one or more netting Federal Reserve System in the case of a cor- SEC. 906. FEDERAL DEPOSIT INSURANCE COR- contracts between any 2 financial institu- poration chartered under section 25A of the PORATION IMPROVEMENT ACT OF tions shall be enforceable in accordance with Federal Reserve Act or an uninsured State 1991. their terms (except as provided in section member bank; (a) DEFINITIONS.—Section 402 of the Fed- 561(b)(2) of title 11, United States Code), and ‘‘(2) any reference to the ‘Corporation’ eral Deposit Insurance Corporation Improve- shall not be stayed, avoided, or otherwise (other than in section 11(e)(8)(D) of such ment Act of 1991 (12 U.S.C. 4402) is amended— limited by any State or Federal law (other Act), the ‘Corporation, whether acting as (1) in paragraph (2)— than section 11(e) of the Federal Deposit In- such or as conservator or receiver’, a ‘re- (A) in subparagraph (A)(ii), by inserting be- surance Act, section 207(c) of the Federal ceiver’, or a ‘conservator’ shall refer to the fore the semicolon ‘‘, or is exempt from such Credit Union Act, and section 5(b)(2) of the receiver or conservator appointed by the registration by order of the Securities and Securities Investor Protection Act of 1970).’’. Comptroller of the Currency in the case of an Exchange Commission’’; and (c) ENFORCEABILITY OF CLEARING ORGANIZA- uninsured national bank or uninsured Fed- (B) in subparagraph (B), by inserting before TION NETTING CONTRACTS.—Section 404 of the eral branch or agency, or to the receiver or the period ‘‘, that has been granted an ex- Federal Deposit Insurance Corporation Im- conservator appointed by the Board of Gov- emption under section 4(c)(1) of the Com- provement Act of 1991 (12 U.S.C. 4404) is ernors of the Federal Reserve System in the modity Exchange Act, or that is a multilat- amended— case of a corporation chartered under section eral clearing organization (as defined in sec- (1) by striking subsection (a) and inserting 25A of the Federal Reserve Act or an unin- tion 408 of this Act)’’; the following: sured State member bank; and (2) in paragraph (6)— ‘‘(a) GENERAL RULE.—Notwithstanding any ‘‘(3) any reference to an ‘insured depository (A) by redesignating subparagraphs (B) other provision of State or Federal law institution’ or ‘depository institution’ shall through (D) as subparagraphs (C) through (other than section 11(e) of the Federal De- refer to an uninsured national bank, an unin- (E), respectively; posit Insurance Act, section 207(c) of the sured Federal branch or Federal agency, a (B) by inserting after subparagraph (A) the Federal Credit Union Act, and any order au- corporation chartered under section 25A of following new subparagraph: thorized under section 5(b)(2) of the Securi- the Federal Reserve Act, or an uninsured

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2284 CONGRESSIONAL RECORD — SENATE March 8, 2005 State member bank which operates, or oper- referred to in subparagraph (A), (B), or (C); and Exchange Commission,’’ after ‘‘1934’’; ates as, a multilateral clearing organization or and pursuant to section 409 of this Act. ‘‘(E) any security agreement or arrange- (E) by amending paragraph (53B) to read as ‘‘(b) LIABILITY.—The liability of a receiver ment, or other credit enhancement related follows: or conservator of an uninsured national to any agreement or transaction referred to ‘‘(53B) ‘swap agreement’— bank, uninsured Federal branch or agency, a in subparagraph (A), (B), (C), or (D), includ- ‘‘(A) means— corporation chartered under section 25A of ing any guarantee or reimbursement obliga- ‘‘(i) any agreement, including the terms the Federal Reserve Act, or an uninsured tion by or to a forward contract merchant or and conditions incorporated by reference in State member bank which operates, or oper- financial participant in connection with any such agreement, which is— ates as, a multilateral clearing organization agreement or transaction referred to in any ‘‘(I) an interest rate swap, option, future, pursuant to section 409 of this Act, shall be such subparagraph, but not to exceed the or forward agreement, including a rate floor, determined in the same manner and subject damages in connection with any such agree- rate cap, rate collar, cross-currency rate to the same limitations that apply to receiv- ment or transaction, measured in accordance swap, and basis swap; ers and conservators of insured depository with section 562;’’; ‘‘(II) a spot, same day-tomorrow, tomor- institutions under section 11(e) of the Fed- (B) in paragraph (46), by striking ‘‘on any row-next, forward, or other foreign exchange, eral Deposit Insurance Act. day during the period beginning 90 days be- precious metals, or other commodity agree- ‘‘(c) REGULATORY AUTHORITY.— fore the date of’’ and inserting ‘‘at any time ment; ‘‘(1) IN GENERAL.—The Comptroller of the before’’; ‘‘(III) a currency swap, option, future, or forward agreement; Currency in the case of an uninsured na- (C) by amending paragraph (47) to read as ‘‘(IV) an equity index or equity swap, optional bank or uninsured Federal branch or follows: tion, future, or forward agreement; agency and the Board of Governors of the ‘‘(47) ‘repurchase agreement’ (which defini- ‘‘(V) a debt index or debt swap, option, fu- Federal Reserve System in the case of a cor- tion also applies to a reverse repurchase ture, or forward agreement; poration chartered under section 25A of the agreement)— ‘‘(VI) a total return, credit spread or credit Federal Reserve Act, or an uninsured State ‘‘(A) means— swap, option, future, or forward agreement; member bank that operates, or operates as, a ‘‘(i) an agreement, including related terms, multilateral clearing organization pursuant ‘‘(VII) a commodity index or a commodity which provides for the transfer of one or swap, option, future, or forward agreement; to section 409 of this Act, in consultation more certificates of deposit, mortgage re- with the Federal Deposit Insurance Corpora- or lated securities (as defined in section 3 of the ‘‘(VIII) a weather swap, option, future, or tion, may each promulgate regulations sole- Securities Exchange Act of 1934), mortgage ly to implement this section. forward agreement; loans, interests in mortgage related securi- ‘‘(IX) an emissions swap, option, future, or ‘‘(2) SPECIFIC REQUIREMENT.—In promul- ties or mortgage loans, eligible bankers’ ac- gating regulations, limited solely to imple- forward agreement; or ceptances, qualified foreign government se- ‘‘(X) an inflation swap, option, future, or menting paragraphs (8), (9), (10), and (11) of curities (defined as a security that is a direct section 11(e) of the Federal Deposit Insur- forward agreement; obligation of, or that is fully guaranteed by, ‘‘(ii) any agreement or transaction that is ance Act, the Comptroller of the Currency the central government of a member of the and the Board of Governors of the Federal similar to any other agreement or trans- Organization for Economic Cooperation and action referred to in this paragraph and Reserve System each shall ensure that the Development), or securities that are direct that— regulations generally are consistent with the obligations of, or that are fully guaranteed ‘‘(I) is of a type that has been, is presently, regulations and policies of the Federal De- by, the United States or any agency of the or in the future becomes, the subject of re- posit Insurance Corporation adopted pursu- United States against the transfer of funds current dealings in the swap or other deriva- ant to the Federal Deposit Insurance Act. by the transferee of such certificates of de- tives markets (including terms and condi- ‘‘(d) DEFINITIONS.—For purposes of this sec- posit, eligible bankers’ acceptances, securi- tions incorporated by reference therein); and tion, the terms ‘Federal branch’, ‘Federal ties, mortgage loans, or interests, with a si- ‘‘(II) is a forward, swap, future, option, or agency’, and ‘foreign bank’ have the same multaneous agreement by such transferee to spot transaction on one or more rates, cur- meanings as in section 1(b) of the Inter- transfer to the transferor thereof certificates rencies, commodities, equity securities, or national Banking Act of 1978.’’. of deposit, eligible bankers’ acceptance, se- other equity instruments, debt securities or SEC. 907. BANKRUPTCY LAW AMENDMENTS. curities, mortgage loans, or interests of the other debt instruments, quantitative meas- (a) DEFINITIONS OF FORWARD CONTRACT, RE- kind described in this clause, at a date cer- ures associated with an occurrence, extent of PURCHASE AGREEMENT, SECURITIES CLEARING tain not later than 1 year after such transfer an occurrence, or contingency associated AGENCY, SWAP AGREEMENT, COMMODITY CON- or on demand, against the transfer of funds; with a financial, commercial, or economic TRACT, AND SECURITIES CONTRACT.—Title 11, ‘‘(ii) any combination of agreements or consequence, or economic or financial indi- United States Code, is amended— transactions referred to in clauses (i) and ces or measures of economic or financial risk (1) in section 101— (iii); or value; (A) in paragraph (25)— ‘‘(iii) an option to enter into an agreement ‘‘(iii) any combination of agreements or (i) by striking ‘‘means a contract’’ and in- or transaction referred to in clause (i) or (ii); transactions referred to in this subpara- serting ‘‘means— ‘‘(iv) a master agreement that provides for graph; ‘‘(A) a contract’’; an agreement or transaction referred to in ‘‘(iv) any option to enter into an agree- (ii) by inserting ‘‘as defined in section 761 clause (i), (ii), or (iii), together with all sup- ment or transaction referred to in this sub- of this title’’ after ‘‘commodity contract’’; plements to any such master agreement, paragraph; (iii) by striking ‘‘, or any combination without regard to whether such master ‘‘(v) a master agreement that provides for thereof or option thereon;’’ and inserting ‘‘, agreement provides for an agreement or an agreement or transaction referred to in or any other similar agreement;’’; transaction that is not a repurchase agree- clause (i), (ii), (iii), or (iv), together with all (iv) by striking ‘‘repurchase transaction, ment under this paragraph, except that such supplements to any such master agreement, reverse repurchase transaction,’’ and insert- master agreement shall be considered to be a and without regard to whether the master ing ‘‘repurchase or reverse repurchase trans- repurchase agreement under this paragraph agreement contains an agreement or transaction (whether or not such repurchase or re- only with respect to each agreement or action that is not a swap agreement under verse repurchase transaction is a repurchase transaction under the master agreement this paragraph, except that the master agreement as defined in this section)’’; and that is referred to in clause (i), (ii), or (iii); agreement shall be considered to be a swap (v) by adding at the end the following: or agreement under this paragraph only with ‘‘(B) any combination of agreements or ‘‘(v) any security agreement or arrange- respect to each agreement or transaction transactions referred to in subparagraphs (A) ment or other credit enhancement related to under the master agreement that is referred and (C); any agreement or transaction referred to in to in clause (i), (ii), (iii), or (iv); or ‘‘(C) any option to enter into an agreement clause (i), (ii), (iii), or (iv), including any ‘‘(vi) any security agreement or arrange- or transaction referred to in subparagraph guarantee or reimbursement obligation by or ment or other credit enhancement related to (A) or (B); to a repo participant or financial participant any agreements or transactions referred to ‘‘(D) a master agreement that provides for in connection with any agreement or trans- in clause (i) through (v), including any guaran agreement or transaction referred to in action referred to in any such clause, but not antee or reimbursement obligation by or to a subparagraph (A), (B), or (C), together with to exceed the damages in connection with swap participant or financial participant in all supplements to any such master agree- any such agreement or transaction, meas- connection with any agreement or trans- ment, without regard to whether such mas- ured in accordance with section 562 of this action referred to in any such clause, but not ter agreement provides for an agreement or title; and to exceed the damages in connection with transaction that is not a forward contract ‘‘(B) does not include a repurchase obliga- any such agreement or transaction, meas- under this paragraph, except that such mas- tion under a participation in a commercial ured in accordance with section 562; and ter agreement shall be considered to be a for- mortgage loan;’’; ‘‘(B) is applicable for purposes of this title ward contract under this paragraph only (D) in paragraph (48), by inserting ‘‘, or ex- only, and shall not be construed or applied so with respect to each agreement or trans- empt from such registration under such sec- as to challenge or affect the characteriza- action under such master agreement that is tion pursuant to an order of the Securities tion, definition, or treatment of any swap

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2285 agreement under any other statute, regula- in connection with any agreement or trans- $100,000,000 (aggregated across counterpar- tion, or rule, including the Securities Act of action referred to in this subparagraph, but ties) in one or more such agreements or 1933, the Securities Exchange Act of 1934, the not to exceed the damages in connection transactions with the debtor or any other en- Public Utility Holding Company Act of 1935, with any such agreement or transaction, tity (other than an affiliate) at such time or the Trust Indenture Act of 1939, the Invest- measured in accordance with section 562; and on any day during the 15-month period prior ment Company Act of 1940, the Investment ‘‘(B) does not include any purchase, sale, or to the date of the filing of the petition; or Advisers Act of 1940, the Securities Investor repurchase obligation under a participation ‘‘(B) a clearing organization (as defined in Protection Act of 1970, the Commodity Ex- in a commercial mortgage loan;’’; and section 402 of the Federal Deposit Insurance change Act, the Gramm-Leach-Bliley Act, (3) in section 761(4)— Corporation Improvement Act of 1991);’’; and the Legal Certainty for Bank Products (A) by striking ‘‘or’’ at the end of subpara- (3) by striking paragraph (26) and inserting Act of 2000;’’; graph (D); and the following: (2) in section 741(7), by striking paragraph (B) by adding at the end the following: ‘‘(26) ‘forward contract merchant’ means a (7) and inserting the following: ‘‘(F) any other agreement or transaction Federal reserve bank, or an entity the busi- ‘‘(7) ‘securities contract’— that is similar to an agreement or trans- ness of which consists in whole or in part of ‘‘(A) means— action referred to in this paragraph; entering into forward contracts as or with ‘‘(i) a contract for the purchase, sale, or ‘‘(G) any combination of the agreements or merchants in a commodity (as defined in sec- loan of a security, a certificate of deposit, a transactions referred to in this paragraph; tion 761) or any similar good, article, service, mortgage loan, any interest in a mortgage ‘‘(H) any option to enter into an agreement right, or interest which is presently or in the loan, a group or index of securities, certifi- or transaction referred to in this paragraph; future becomes the subject of dealing in the cates of deposit, or mortgage loans or inter- ‘‘(I) a master agreement that provides for forward contract trade;’’; and ests therein (including an interest therein or an agreement or transaction referred to in (4) by striking in paragraph (53A) ‘‘person’’ based on the value thereof), or option on any subparagraph (A), (B), (C), (D), (E), (F), (G), and replacing it with ‘‘entity’’ and striking of the foregoing, including an option to pur- or (H), together with all supplements to such ‘‘person’s’’ and replacing it with ‘‘entity’s’’. chase or sell any such security, certificate of master agreement, without regard to wheth- (c) DEFINITION OF MASTER NETTING AGREE- deposit, mortgage loan, interest, group or er the master agreement provides for an MENT AND MASTER NETTING AGREEMENT PAR- index, or option, and including any repur- agreement or transaction that is not a com- TICIPANT.—Section 101 of title 11, United chase or reverse repurchase transaction on modity contract under this paragraph, ex- States Code, is amended by inserting after any such security, certificate of deposit, cept that the master agreement shall be con- paragraph (38) the following new paragraphs: mortgage loan, interest, group or index, or sidered to be a commodity contract under ‘‘(38A) ‘master netting agreement’— option (whether or not such repurchase or this paragraph only with respect to each ‘‘(A) means an agreement providing for the reverse repurchase transaction is a ‘‘repur- agreement or transaction under the master exercise of rights, including rights of net- chase agreement’’ as defined in section 101); agreement that is referred to in subpara- ting, setoff, liquidation, termination, accel- ‘‘(ii) any option entered into on a national graph (A), (B), (C), (D), (E), (F), (G), or (H); or eration, or close out, under or in connection securities exchange relating to foreign cur- ‘‘(J) any security agreement or arrange- with one or more contracts that are de- rencies; ment or other credit enhancement related to scribed in any one or more of paragraphs (1) ‘‘(iii) the guarantee (including by nova- any agreement or transaction referred to in tion) by or to any securities clearing agency this paragraph, including any guarantee or through (5) of section 561(a), or any security of a settlement of cash, securities, certifi- reimbursement obligation by or to a com- agreement or arrangement or other credit cates of deposit, mortgage loans or interests modity broker or financial participant in enhancement related to one or more of the therein, group or index of securities, or connection with any agreement or trans- foregoing, including any guarantee or reim- mortgage loans or interests therein (includ- action referred to in this paragraph, but not bursement obligation related to 1 or more of ing any interest therein or based on the to exceed the damages in connection with the foregoing; and value thereof), or option on any of the fore- any such agreement or transaction, meas- ‘‘(B) if the agreement contains provisions going, including an option to purchase or sell ured in accordance with section 562;’’. relating to agreements or transactions that any such security, certificate of deposit, (b) DEFINITIONS OF FINANCIAL INSTITUTION, are not contracts described in paragraphs (1) mortgage loan, interest, group or index, or FINANCIAL PARTICIPANT, FORWARD CONTRACT through (5) of section 561(a), shall be deemed option (whether or not such settlement is in MERCHANT, COMMODITY BROKER, CORPORA- to be a master netting agreement only with connection with any agreement or trans- TION, REPO PARTICIPANT, STOCKBROCKER, AND respect to those agreements or transactions action referred to in clause (i), (ii), (iii), (iv), SWAP PARTICIPANT.—Section 101 of title 11, that are described in any one or more of (v), (vi), (vii), (viii), (ix), or (x)); United States Code, is amended— paragraphs (1) through (5) of section 561(a); ‘‘(iv) any margin loan; (1) by striking paragraph (22) and inserting ‘‘(38B) ‘master netting agreement partici- ‘‘(v) any extension of credit for the clear- the following: pant’ means an entity that, at any time be- ance or settlement of securities trans- ‘‘(22) ‘financial institution’ means— fore the filing of the petition, is a party to actions; ‘‘(A) a Federal reserve bank, or an entity an outstanding master netting agreement ‘‘(vi) any collar/loan transaction related to (domestic or foreign) that is a commercial or with the debtor;’’. securities, prepaid forward transaction re- savings bank, industrial savings bank, sav- (d) SWAP AGREEMENTS, SECURITIES CON- lated to securities, or sale/total return swap ings and loan association, trust company, TRACTS, COMMODITY CONTRACTS, FORWARD transaction related to securities; federally-insured credit union, or receiver, CONTRACTS, REPURCHASE AGREEMENTS, AND ‘‘(vii) any other agreement or transaction liquidating agent, or conservator for such MASTER NETTING AGREEMENTS UNDER THE that is similar to an agreement or trans- entity and, when any such Federal reserve AUTOMATIC-STAY.— action referred to in this subparagraph; bank, receiver, liquidating agent, conser- (1) IN GENERAL.—Section 362(b) of title 11, ‘‘(viii) any combination of the agreements vator or entity is acting as agent or custo- United States Code, as amended by sections or transactions referred to in this subpara- dian for a customer (whether or not a ‘cus- 224, 303, 311, 401, and 718, is amended— graph; tomer’ as defined in section 741) in connec- (A) in paragraph (6), by inserting ‘‘, ‘‘(ix) any option to enter into any agree- tion with a securities contract (as defined in pledged to, under the control of,’’ after ‘‘held ment or transaction referred to in this subsection 741) such customer; or by’’; paragraph; ‘‘(B) in connection with a securities con- (B) in paragraph (7), by inserting ‘‘, pledged ‘‘(x) a master agreement that provides for tract (as defined in section 741) an invest- to, under the control of,’’ after ‘‘held by’’; an agreement or transaction referred to in ment company registered under the Invest- (C) by striking paragraph (17) and inserting clause (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), ment Company Act of 1940;’’; the following: or (ix), together with all supplements to any (2) by inserting after paragraph (22) the fol- ‘‘(17) under subsection (a), of the setoff by such master agreement, without regard to lowing: a swap participant or financial participant of whether the master agreement provides for ‘‘(22A) ‘financial participant’ means— a mutual debt and claim under or in connec- an agreement or transaction that is not a se- ‘‘(A) an entity that, at the time it enters tion with one or more swap agreements that curities contract under this subparagraph, into a securities contract, commodity con- constitutes the setoff of a claim against the except that such master agreement shall be tract, swap agreement, repurchase agree- debtor for any payment or other transfer of considered to be a securities contract under ment, or forward contract, or at the time of property due from the debtor under or in this subparagraph only with respect to each the date of the filing of the petition, has one connection with any swap agreement against agreement or transaction under such master or more agreements or transactions de- any payment due to the debtor from the agreement that is referred to in clause (i), scribed in paragraph (1), (2), (3), (4), (5), or (6) swap participant or financial participant (ii), (iii), (iv), (v), (vi), (vii), (viii), or (ix); or of section 561(a) with the debtor or any other under or in connection with any swap agree- ‘‘(xi) any security agreement or arrange- entity (other than an affiliate) of a total ment or against cash, securities, or other ment or other credit enhancement related to gross dollar value of not less than property held by, pledged to, under the con- any agreement or transaction referred to in $1,000,000,000 in notional or actual principal trol of, or due from such swap participant or this subparagraph, including any guarantee amount outstanding at such time or on any financial participant to margin, guarantee, or reimbursement obligation by or to a day during the 15-month period prior to the secure, or settle any swap agreement;’’; and stockbroker, securities clearing agency, fi- date of the filing of the petition, or has gross (D) by inserting after paragraph (26) the nancial institution, or financial participant mark-to-market positions of not less than following:

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2286 CONGRESSIONAL RECORD — SENATE March 8, 2005

‘‘(27) under subsection (a), of the setoff by (g) TERMINATION OR ACCELERATION OF SECU- (4) in the second sentence, by striking ‘‘As a master netting agreement participant of a RITIES CONTRACTS.—Section 555 of title 11, used’’ and all that follows through ‘‘right,’’ mutual debt and claim under or in connec- United States Code, is amended— and inserting ‘‘As used in this section, the tion with one or more master netting agree- (1) by amending the section heading to term ‘contractual right’ includes a right set ments or any contract or agreement subject read as follows: forth in a rule or bylaw of a derivatives to such agreements that constitutes the ‘‘§ 555. Contractual right to liquidate, termi- clearing organization (as defined in the Com- setoff of a claim against the debtor for any nate, or accelerate a securities contract’’; modity Exchange Act), a multilateral clear- payment or other transfer of property due and ing organization (as defined in the Federal from the debtor under or in connection with (2) in the first sentence, by striking ‘‘liq- Deposit Insurance Corporation Improvement such agreements or any contract or agree- uidation’’ and inserting ‘‘liquidation, termi- Act of 1991), a national securities exchange, ment subject to such agreements against any nation, or acceleration’’. a national securities association, a securities payment due to the debtor from such master (h) TERMINATION OR ACCELERATION OF COM- clearing agency, a contract market des- netting agreement participant under or in MODITIES OR FORWARD CONTRACTS.—Section ignated under the Commodity Exchange Act, connection with such agreements or any con- 556 of title 11, United States Code, is amend- a derivatives transaction execution facility tract or agreement subject to such agree- ed— registered under the Commodity Exchange ments or against cash, securities, or other (1) by amending the section heading to Act, or a board of trade (as defined in the property held by, pledged to, under the con- read as follows: Commodity Exchange Act) or in a resolution trol of, or due from such master netting of the governing board thereof and a right,’’. ‘‘§ 556. Contractual right to liquidate, termi- agreement participant to margin, guarantee, nate, or accelerate a commodities contract (k) LIQUIDATION, TERMINATION, ACCELERA- secure, or settle such agreements or any con- or forward contract’’; TION, OR OFFSET UNDER A MASTER NETTING tract or agreement subject to such agree- AGREEMENT AND ACROSS CONTRACTS.— (2) in the first sentence, by striking ‘‘liq- ments, to the extent that such participant is (1) IN GENERAL.—Title 11, United States uidation’’ and inserting ‘‘liquidation, termi- eligible to exercise such offset rights under Code, is amended by inserting after section nation, or acceleration’’; and paragraph (6), (7), or (17) for each individual 560 the following: contract covered by the master netting (3) in the second sentence, by striking ‘‘As ‘‘§ 561. Contractual right to terminate, liq- agreement in issue; and’’. used’’ and all that follows through ‘‘right,’’ uidate, accelerate, or offset under a master (2) LIMITATION.—Section 362 of title 11, and inserting ‘‘As used in this section, the netting agreement and across contracts; United States Code, as amended by sections term ‘contractual right’ includes a right set proceedings under chapter 15 106, 305, 311, and 441, is amended by adding at forth in a rule or bylaw of a derivatives the end the following: clearing organization (as defined in the Com- ‘‘(a) Subject to subsection (b), the exercise ‘‘(o) The exercise of rights not subject to modity Exchange Act), a multilateral clear- of any contractual right, because of a condi- the stay arising under subsection (a) pursuing organization (as defined in the Federal tion of the kind specified in section 365(e)(1), ant to paragraph (6), (7), (17), or (27) of sub- Deposit Insurance Corporation Improvement to cause the termination, liquidation, or ac- section (b) shall not be stayed by any order Act of 1991), a national securities exchange, celeration of or to offset or net termination of a court or administrative agency in any a national securities association, a securities values, payment amounts, or other transfer proceeding under this title.’’. clearing agency, a contract market des- obligations arising under or in connection (e) LIMITATION OF AVOIDANCE POWERS ignated under the Commodity Exchange Act, with one or more (or the termination, liq- UNDER MASTER NETTING AGREEMENT.—Sec- a derivatives transaction execution facility uidation, or acceleration of one or more)— tion 546 of title 11, United States Code, is registered under the Commodity Exchange ‘‘(1) securities contracts, as defined in sec- amended— Act, or a board of trade (as defined in the tion 741(7); (1) in subsection (e), by inserting ‘‘(or for Commodity Exchange Act) or in a resolution ‘‘(2) commodity contracts, as defined in the benefit of)’’ before ‘‘a commodity of the governing board thereof and a right,’’. section 761(4); broker’’; (i) TERMINATION OR ACCELERATION OF RE- ‘‘(3) forward contracts; (2) in subsection (f), by inserting ‘‘(or for PURCHASE AGREEMENTS.—Section 559 of title ‘‘(4) repurchase agreements; the benefit of)’’ before ‘‘repo participant’’; 11, United States Code, is amended— ‘‘(5) swap agreements; or (3) in subsection (g) (as added by section (1) by amending the section heading to ‘‘(6) master netting agreements, 103 of Public Law 101–311)— read as follows: shall not be stayed, avoided, or otherwise (A) by striking ‘‘under a swap agreement’’; ‘‘§ 559. Contractual right to liquidate, termi- limited by operation of any provision of this (B) by striking ‘‘in connection with a swap nate, or accelerate a repurchase agree- title or by any order of a court or adminis- agreement’’ and inserting ‘‘under or in con- ment’’; trative agency in any proceeding under this nection with any swap agreement’’; (2) in the first sentence, by striking ‘‘liq- title. (C) by inserting ‘‘or financial participant’’ uidation’’ and inserting ‘‘liquidation, termi- ‘‘(b)(1) A party may exercise a contractual after ‘‘swap participant’’; and nation, or acceleration’’; and (D) by inserting ‘‘(or for the benefit of)’’ right described in subsection (a) to termi- (3) in the third sentence, by striking ‘‘As nate, liquidate, or accelerate only to the ex- before ‘‘a swap participant’’; and used’’ and all that follows through ‘‘right,’’ (4) by adding at the end the following: tent that such party could exercise such a and inserting ‘‘As used in this section, the right under section 555, 556, 559, or 560 for ‘‘(j) Notwithstanding sections 544, 545, 547, term ‘contractual right’ includes a right set 548(a)(1)(B), and 548(b) the trustee may not each individual contract covered by the mas- forth in a rule or bylaw of a derivatives avoid a transfer made by or to (or for the ter netting agreement in issue. clearing organization (as defined in the Com- benefit of) a master netting agreement par- ‘‘(2) If a debtor is a commodity broker sub- modity Exchange Act), a multilateral clear- ticipant under or in connection with any ject to subchapter IV of chapter 7— ing organization (as defined in the Federal master netting agreement or any individual ‘‘(A) a party may not net or offset an obli- Deposit Insurance Corporation Improvement contract covered thereby that is made before gation to the debtor arising under, or in con- Act of 1991), a national securities exchange, the commencement of the case, except under nection with, a commodity contract traded a national securities association, a securities section 548(a)(1)(A) and except to the extent on or subject to the rules of a contract mar- clearing agency, a contract market des- that the trustee could otherwise avoid such ket designated under the Commodity Ex- ignated under the Commodity Exchange Act, a transfer made under an individual contract change Act or a derivatives transaction exe- covered by such master netting agreement.’’. a derivatives transaction execution facility cution facility registered under the Com- (f) FRAUDULENT TRANSFERS OF MASTER registered under the Commodity Exchange modity Exchange Act against any claim aris- NETTING AGREEMENTS.—Section 548(d)(2) of Act, or a board of trade (as defined in the ing under, or in connection with, other in- title 11, United States Code, is amended— Commodity Exchange Act) or in a resolution struments, contracts, or agreements listed in (1) in subparagraph (C), by striking ‘‘and’’ of the governing board thereof and a right,’’. subsection (a) except to the extent that the at the end; (j) LIQUIDATION, TERMINATION, OR ACCEL- party has positive net equity in the com- (2) in subparagraph (D), by striking the pe- ERATION OF SWAP AGREEMENTS.—Section 560 modity accounts at the debtor, as calculated riod and inserting ‘‘; and’’; and of title 11, United States Code, is amended— under such subchapter; and (3) by adding at the end the following new (1) by amending the section heading to ‘‘(B) another commodity broker may not subparagraph: read as follows: net or offset an obligation to the debtor aris- ‘‘(E) a master netting agreement partici- ‘‘§ 560. Contractual right to liquidate, termi- ing under, or in connection with, a com- pant that receives a transfer in connection nate, or accelerate a swap agreement’’; modity contract entered into or held on be- with a master netting agreement or any in- (2) in the first sentence, by striking ‘‘ter- half of a customer of the debtor and traded dividual contract covered thereby takes for mination of a swap agreement’’ and inserting on or subject to the rules of a contract mar- value to the extent of such transfer, except ‘‘liquidation, termination, or acceleration of ket designated under the Commodity Ex- that, with respect to a transfer under any in- one or more swap agreements’’; change Act or a derivatives transaction exe- dividual contract covered thereby, to the ex- (3) by striking ‘‘in connection with any cution facility registered under the Com- tent that such master netting agreement swap agreement’’ and inserting ‘‘in connec- modity Exchange Act against any claim aris- participant otherwise did not take (or is oth- tion with the termination, liquidation, or ac- ing under, or in connection with, other in- erwise not deemed to have taken) such trans- celeration of one or more swap agreements’’; struments, contracts, or agreements listed in fer for value.’’. and subsection (a).

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2287 ‘‘(3) No provision of subparagraph (A) or ‘‘§ 753. Stockbroker liquidation and forward ‘‘555. Contractual right to liquidate, termi- (B) of paragraph (2) shall prohibit the offset contract merchants, commodity brokers, nate, or accelerate a securities of claims and obligations that arise under— stockbrokers, financial institutions, finan- contract. ‘‘(A) a cross-margining agreement or simi- cial participants, securities clearing agen- ‘‘556. Contractual right to liquidate, termi- lar arrangement that has been approved by cies, swap participants, repo participants, nate, or accelerate a commod- the Commodity Futures Trading Commission and master netting agreement participants ities contract or forward con- or submitted to the Commodity Futures ‘‘Notwithstanding any other provision of tract.’’; Trading Commission under paragraph (1) or this title, the exercise of rights by a forward and (2) of section 5c(c) of the Commodity Ex- contract merchant, commodity broker, change Act and has not been abrogated or (B) by amending the items relating to sec- stockbroker, financial institution, financial tions 559 and 560 to read as follows: rendered ineffective by the Commodity Fu- participant, securities clearing agency, swap tures Trading Commission; or participant, repo participant, or master net- ‘‘559. Contractual right to liquidate, termi- ‘‘(B) any other netting agreement between ting agreement participant under this title nate, or accelerate a repurchase a clearing organization (as defined in section shall not affect the priority of any unsecured agreement. 761) and another entity that has been ap- claim it may have after the exercise of such ‘‘560. Contractual right to liquidate, termi- proved by the Commodity Futures Trading rights.’’. nate, or accelerate a swap Commission. (n) SETOFF.—Section 553 of title 11, United agreement.’’; ‘‘(c) As used in this section, the term ‘con- States Code, is amended— and tractual right’ includes a right set forth in a (1) in subsection (a)(2)(B)(ii), by inserting (2) in the table of sections for chapter 7— rule or bylaw of a derivatives clearing orga- before the semicolon the following: ‘‘(except (A) by inserting after the item relating to nization (as defined in the Commodity Ex- for a setoff of a kind described in section section 766 the following: change Act), a multilateral clearing organi- 362(b)(6), 362(b)(7), 362(b)(17), 362(b)(27), 555, ‘‘767. Commodity broker liquidation and for- zation (as defined in the Federal Deposit In- 556, 559, 560, or 561)’’; ward contract merchants, com- surance Corporation Improvement Act of (2) in subsection (a)(3)(C), by inserting be- modity brokers, stockbrokers, 1991), a national securities exchange, a na- fore the period the following: ‘‘(except for a financial institutions, financial tional securities association, a securities setoff of a kind described in section 362(b)(6), participants, securities clearing clearing agency, a contract market des- 362(b)(7), 362(b)(17), 362(b)(27), 555, 556, 559, 560, agencies, swap participants, ignated under the Commodity Exchange Act, or 561)’’; and repo participants, and master a derivatives transaction execution facility (3) in subsection (b)(1), by striking netting agreement partici- registered under the Commodity Exchange ‘‘362(b)(14),’’ and inserting ‘‘362(b)(17), pants.’’; Act, or a board of trade (as defined in the 362(b)(27), 555, 556, 559, 560, 561,’’. Commodity Exchange Act) or in a resolution (o) SECURITIES CONTRACTS, COMMODITY CON- and of the governing board thereof, and a right, TRACTS, AND FORWARD CONTRACTS.—Title 11, (B) by inserting after the item relating to whether or not evidenced in writing, arising United States Code, is amended— section 752 the following: under common law, under law merchant, or (1) in section 362(b)(6), by striking ‘‘finan- ‘‘753. Stockbroker liquidation and forward by reason of normal business practice. cial institutions,’’ each place such term ap- contract merchants, com- ‘‘(d) Any provisions of this title relating to pears and inserting ‘‘financial institution, fi- modity brokers, stockbrokers, securities contracts, commodity contracts, nancial participant,’’; financial institutions, financial forward contracts, repurchase agreements, (2) in sections 362(b)(7) and 546(f), by insert- participants, securities clearing swap agreements, or master netting agreeing ‘‘or financial participant’’ after ‘‘repo agencies, swap participants, ments shall apply in a case under chapter 15, participant’’ each place such term appears; repo participants, and master so that enforcement of contractual provi- (3) in section 546(e), by inserting ‘‘financial netting agreement partici- sions of such contracts and agreements in participant,’’ after ‘‘financial institution,’’; pants.’’. accordance with their terms will not be (4) in section 548(d)(2)(B), by inserting ‘‘fi- SEC. 908. RECORDKEEPING REQUIREMENTS. stayed or otherwise limited by operation of nancial participant,’’ after ‘‘financial insti- (a) FDIC-INSURED DEPOSITORY INSTITU- any provision of this title or by order of a tution,’’; TIONS.—Section 11(e)(8) of the Federal De- court in any case under this title, and to (5) in section 548(d)(2)(C), by inserting ‘‘or posit Insurance Act (12 U.S.C. 1821(e)(8)) is limit avoidance powers to the same extent as financial participant’’ after ‘‘repo partici- amended by adding at the end the following in a proceeding under chapter 7 or 11 of this pant’’; new subparagraph: title (such enforcement not to be limited (6) in section 548(d)(2)(D), by inserting ‘‘or ‘‘(H) RECORDKEEPING REQUIREMENTS.—The based on the presence or absence of assets of financial participant’’ after ‘‘swap partici- Corporation, in consultation with the appro- the debtor in the United States).’’. pant’’; priate Federal banking agencies, may pre- (2) CONFORMING AMENDMENT.—The table of (7) in section 555— sections for chapter 5 of title 11, United (A) by inserting ‘‘financial participant,’’ scribe regulations requiring more detailed States Code, is amended by inserting after after ‘‘financial institution,’’; and recordkeeping by any insured depository in- the item relating to section 560 the fol- (B) by striking the second sentence and institution with respect to qualified financial lowing: serting the following: ‘‘As used in this sec- contracts (including market valuations) only tion, the term ‘contractual right’ includes a if such insured depository institution is in a ‘‘561. Contractual right to terminate, liq- right set forth in a rule or bylaw of a deriva- troubled condition (as such term is defined uidate, accelerate, or offset tives clearing organization (as defined in the by the Corporation pursuant to section 32).’’. under a master netting agree- Commodity Exchange Act), a multilateral (b) INSURED CREDIT UNIONS.—Section ment and across contracts; pro- clearing organization (as defined in the Fed- 207(c)(8) of the Federal Credit Union Act (12 ceedings under chapter 15.’’. eral Deposit Insurance Corporation Improve- U.S.C. 1787(c)(8)) is amended by adding at the (l) COMMODITY BROKER LIQUIDATIONS.— ment Act of 1991), a national securities ex- end the following new subparagraph: Title 11, United States Code, is amended by change, a national securities association, a ‘‘(H) RECORDKEEPING REQUIREMENTS.—The inserting after section 766 the following: securities clearing agency, a contract mar- Board, in consultation with the appropriate ket designated under the Commodity Ex- Federal banking agencies, may prescribe reg- ‘‘§ 767. Commodity broker liquidation and for- change Act, a derivatives transaction execu- ulations requiring more detailed record- ward contract merchants, commodity bro- tion facility registered under the Commodity keeping by any insured credit union with re- kers, stockbrokers, financial institutions, fi- Exchange Act, or a board of trade (as defined spect to qualified financial contracts (includ- nancial participants, securities clearing in the Commodity Exchange Act), or in a ing market valuations) only if such insured agencies, swap participants, repo partici- resolution of the governing board thereof, credit union is in a troubled condition (as pants, and master netting agreement par- and a right, whether or not in writing, aris- such term is defined by the Board pursuant ticipants ing under common law, under law merchant, to section 212).’’. ‘‘Notwithstanding any other provision of or by reason of normal business practice.’’; SEC. 909. EXEMPTIONS FROM CONTEMPORA- this title, the exercise of rights by a forward (8) in section 556, by inserting ‘‘, financial NEOUS EXECUTION REQUIREMENT. contract merchant, commodity broker, participant,’’ after ‘‘commodity broker’’; Section 13(e)(2) of the Federal Deposit In- stockbroker, financial institution, financial (9) in section 559, by inserting ‘‘or financial surance Act (12 U.S.C. 1823(e)(2)) is amended participant, securities clearing agency, swap participant’’ after ‘‘repo participant’’ each to read as follows: participant, repo participant, or master net- place such term appears; and ‘‘(2) EXEMPTIONS FROM CONTEMPORANEOUS ting agreement participant under this title (10) in section 560, by inserting ‘‘or finan- EXECUTION REQUIREMENT.—An agreement to shall not affect the priority of any unsecured cial participant’’ after ‘‘swap participant’’. provide for the lawful collateralization of— claim it may have after the exercise of such (p) CONFORMING AMENDMENTS.—Title 11, ‘‘(A) deposits of, or other credit extension rights.’’. United States Code, is amended— by, a Federal, State, or local governmental (m) STOCKBROKER LIQUIDATIONS.—Title 11, (1) in the table of sections for chapter 5— entity, or of any depositor referred to in sec- United States Code, is amended by inserting (A) by amending the items relating to section 11(a)(2), including an agreement to pro- after section 752 the following: tions 555 and 556 to read as follows: vide collateral in lieu of a surety bond;

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2288 CONGRESSIONAL RECORD — SENATE March 8, 2005 ‘‘(B) bankruptcy estate funds pursuant to (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and SA 137. Mr. LEAHY submitted an section 345(b)(2) of title 11, United States (2) by adding at the end the following: amendment to be proposed by him to Code; ‘‘(2) A claim for damages calculated in ac- the bill S. 256, to amend title 11 of the ‘‘(C) extensions of credit, including any cordance with section 562 shall be allowed United States Code, and for other pur- overdraft, from a Federal reserve bank or under subsection (a), (b), or (c), or disallowed poses, which was ordered to lie on the Federal home loan bank; or under subsection (d) or (e), as if such claim ‘‘(D) one or more qualified financial con- had arisen before the date of the filing of the table; as follows: tracts, as defined in section 11(e)(8)(D), petition.’’. On page 156, line 18, insert ‘‘, unless the debtor certifies under penalty of perjury that shall not be deemed invalid pursuant to SEC. 911. SIPC STAY. paragraph (1)(B) solely because such agree- the debtor is a victim of domestic violence Section 5(b)(2) of the Securities Investor ment was not executed contemporaneously whose physical well-being or whose chil- Protection Act of 1970 (15 U.S.C. 78eee(b)(2)) with the acquisition of the collateral or be- dren’s physical well-being would be threat- is amended by adding at the end the fol- cause of pledges, delivery, or substitution of ened if relief from the stay is granted’’ be- lowing new subparagraph: the collateral made in accordance with such fore the semicolon. ‘‘(C) EXCEPTION FROM STAY agreement.’’. .— f ‘‘(i) Notwithstanding section 362 of title 11, SEC. 910. DAMAGE MEASURE. United States Code, neither the filing of an NOTICES OF HEARINGS/MEETINGS (a) IN GENERAL.—Title 11, United States application under subsection (a)(3) nor any Code, is amended— COMMITTEE ON AGRICULTURE, NUTRITION, AND order or decree obtained by SIPC from the (1) by inserting after section 561, as added FORESTRY court shall operate as a stay of any contrac- by section 907, the following: Mr. CHAMBLISS. Mr. President, I tual rights of a creditor to liquidate, termi- ‘‘§ 562. Timing of damage measurement in nate, or accelerate a securities contract, would like to announce that the Com- connection with swap agreements, securi- commodity contract, forward contract, re- mittee on Agriculture, Nutrition, and ties contracts, forward contracts, com- purchase agreement, swap agreement, or Forestry will hold a hearing to discuss modity contracts, repurchase agreements, master netting agreement, as those terms school nutrition programs. The hearing and master netting agreements are defined in sections 101, 741, and 761 of will be held on Tuesday, March 15, 2005, ‘‘(a) If the trustee rejects a swap agree- title 11, United States Code, to offset or net at 10 a.m. in SH–216, Hart Senate Office ment, securities contract (as defined in sec- termination values, payment amounts, or Building. Senator SAXBY CHAMBLISS tion 741), forward contract, commodity con- other transfer obligations arising under or in will preside. tract (as defined in section 761), repurchase connection with one or more of such con- agreement, or master netting agreement tracts or agreements, or to foreclose on any For further information, please con- pursuant to section 365(a), or if a forward cash collateral pledged by the debtor, wheth- tact the Committee at 224–2035. contract merchant, stockbroker, financial er or not with respect to one or more of such f institution, securities clearing agency, repo contracts or agreements. AUTHORITY FOR COMMITTEES TO participant, financial participant, master ‘‘(ii) Notwithstanding clause (i), such ap- netting agreement participant, or swap par- plication, order, or decree may operate as a MEET ticipant liquidates, terminates, or acceler- stay of the foreclosure on, or disposition of, COMMITTEE ON AGRICULTURE, NUTRITION, AND ates such contract or agreement, damages securities collateral pledged by the debtor, FORESTRY shall be measured as of the earlier of— whether or not with respect to one or more Mr. BROWNBACK. Mr. President, I ‘‘(1) the date of such rejection; or of such contracts or agreements, securities ask unanimous consent that the Com- ‘‘(2) the date or dates of such liquidation, sold by the debtor under a repurchase agree- mittee on Agriculture, Nutrition and termination, or acceleration. ment, or securities lent under a securities ‘‘(b) If there are not any commercially rea- lending agreement. Forestry be authorized to conduct a sonable determinants of value as of any date ‘‘(iii) As used in this subparagraph, the hearing during the session of the Sen- referred to in paragraph (1) or (2) of sub- term ‘contractual right’ includes a right set ate on Tuesday, March 8, 2005. The pur- section (a), damages shall be measured as of forth in a rule or bylaw of a derivatives pose of this hearing will be to consider the earliest subsequent date or dates on clearing organization (as defined in the Com- the reauthorization of the Commodity which there are commercially reasonable de- modity Exchange Act), a multilateral clear- Futures Trading Commission. terminants of value. ing organization (as defined in the Federal The PRESIDING OFFICER. Without ‘‘(c) For the purposes of subsection (b), if Deposit Insurance Corporation Improvement objection, it is so ordered. damages are not measured as of the date or Act of 1991), a national securities exchange, COMMITTEE ON ARMED SERVICES dates of rejection, liquidation, termination, a national securities association, a securities or acceleration, and the forward contract clearing agency, a contract market des- Mr. BROWNBACK. Mr. President, I merchant, stockbroker, financial institu- ignated under the Commodity Exchange Act, ask unanimous consent that the Com- tion, securities clearing agency, repo partici- a derivatives transaction execution facility mittee on Armed Services be author- pant, financial participant, master netting registered under the Commodity Exchange ized to meet during the session of the agreement participant, or swap participant Act, or a board of trade (as defined in the Senate on March 8, 2005, at 9:30 a.m., in or the trustee objects to the timing of the Commodity Exchange Act), or in a resolu- open and closed session to receive tes- measurement of damages— tion of the governing board thereof, and a timony from unified and regional com- ‘‘(1) the trustee, in the case of an objection right, whether or not in writing, arising by a forward contract merchant, stock- under common law, under law merchant, or manders on their military strategy and broker, financial institution, securities by reason of normal business practice.’’. operational requirements, in review of clearing agency, repo participant, financial the defense authorization request for SEC. 912. EFFECTIVE DATE. participant, master netting agreement par- fiscal year 2006. ticipant, or swap participant; or (a) EFFECTIVE DATE.—This title and the The PRESIDING OFFICER. Without ‘‘(2) the forward contract merchant, stock- amendments made by this title shall take ef- objection, it is so ordered. broker, financial institution, securities fect 180 days after the date of enactment of COMMITTEE ON ARMED SERVICES clearing agency, repo participant, financial this Act. participant, master netting agreement par- (b) APPLICATION OF AMENDMENTS.—The Mr. BROWNBACK. Mr. President, I ticipant, or swap participant, in the case of amendments made by this title shall not ask unanimous consent that the Com- an objection by the trustee, apply with respect to cases commenced or mittee on Armed Services be author- has the burden of proving that there were no appointments made under any Federal or ized to meet during the session of the commercially reasonable determinants of State law before the effective date of this Senate on March 8, 2005, at 5 p.m., in value as of such date or dates.’’; and Act. closed session to receive a classified (2) in the table of sections for chapter 5, by SEC. 913. SAVINGS CLAUSE. briefing regarding current operations inserting after the item relating to section The meanings of terms used in this title in Iraq. 561 (as added by section 907) the following are applicable for the purposes of this title The PRESIDING OFFICER. Without new item: only, and shall not be construed or applied so objection, it is so ordered. ‘‘562. Timing of damage measure in connec- as to challenge or affect the characteriza- COMMITTEE ON ENERGY AND NATURAL tion with swap agreements, se- tion, definition, or treatment of any similar RESOURCES curities contracts, forward con- terms under any other statute, regulation, tracts, commodity contracts, Mr. BROWNBACK. Mr. President, I or rule, including the Gramm-Leach-Bliley ask unanimous consent that the Com- repurchase agreements, or mas- Act, the Legal Certainty for Bank Products ter netting agreements.’’. Act of 2000, the securities laws (as that term mittee on Energy and Natural Re- (b) CLAIMS ARISING FROM REJECTION.—Sec- is defined in section 3(a)(47) of the Securities sources be authorized to meet during tion 502(g) of title 11, United States Code, is Exchange Act of 1934), and the Commodity the session of the Senate on Tuesday, amended— Exchange Act. March 8 at 2:30 p.m.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2289 The purpose of the hearing, entitled The PRESIDING OFFICER. Without A bill (S. 539) to amend title 28, United Power Generation Resource Incentives objection, it is so ordered. States Code, to provide the protections of habeas corpus for certain incapacitated indi- & Diversity Standards, is to receive SUBCOMMITTEE ON PUBLIC LANDS testimony regarding ways to encourage viduals whose life is in jeopardy, and for Mr. BROWNBACK. Mr. President, I other purposes. the diversification of power generation ask unanimous consent that the Sub- Mr. GRASSLEY. Mr. President, in resources. Issues to be discussed in- committee on Public Lands and For- clude: Renewable Portfolio Standards order to place the bill on the calendar ests be authorized to meet during the under the provisions of rule XIV, I ob- (RPS) efforts among states and the session of the Senate on Tuesday, cost and benefits of a federal RPS project to further proceedings. March 8 at 10 a.m. The PRESIDING OFFICER. Objec- gram. New approaches to promoting a The purpose of the hearing is to re- tion is heard. The bill will be placed on variety of clean power resources, such ceive testimony on S. 179, to provide the calendar. as wind, solar, clean coal technology for the exchange of land within the Si- f and nuclear power, will also be consid- erra National Forest, California, and ered. for other purposes; S. 213, to direct the APPOINTMENT The PRESIDING OFFICER. Without Secretary of the Interior to convey cer- The PRESIDING OFFICER. The objection, it is so ordered. tain federal land to Rio Arriba County, Chair, on behalf of the President of the COMMITTEE ON FINANCE New Mexico; S. 267, to reauthorize the Senate, and after consultation with the Mr. BROWNBACK. Mr. President, I Secure Rural Schools and Community Majority Leader, pursuant to Public ask unanimous consent that the Com- Self-Determination Act of 2000, and for Law 106–286, appoints the following mittee on Finance be authorized to other purposes; and S. 305, to authorize Members to serve on the Congres- meet during the session on Tuesday, the Secretary of the Interior to recruit sional-Executive Commission on the March 8, 2005, at 10 a.m., to hear testi- volunteers to assist with or facilitate People’s Republic of China: The Sen- mony on ‘‘Physician-Owned Specialty the activities of various agencies and ator from Nebraska, Mr. HAGEL, Chair- Hospitals: In the Interest of Patients of offices of the Department of the Inte- man; the Senator from Kansas, Mr. a Conflict of Interest?’’ rior; S. 476, to authorize the Boy BROWNBACK; the Senator from Oregon, The PRESIDING OFFICER. Without Scouts of America to exchange certain Mr. SMITH; the Senator from South objection, it is so ordered. land in the state of Utah acquired Carolina, Mr. DEMINT; and the Senator COMMITTEE ON FOREIGN RELATIONS under the Recreation and Public Pur- from Florida, Mr. MARTINEZ. Mr. BROWNBACK. Mr. President, I poses Act; and S. 485, to reauthorize f ask unanimous consent that the Com- and amend the National Geologic Map- INTERNATIONAL WOMEN’S DAY mittee on Foreign Relations be author- ping Act of 1992. ized to meet during the session of the The PRESIDING OFFICER. Without Mr. GRASSLEY. Mr. President, I ask Senate on Tuesday, March 8, 2005, at objection, it is so ordered. unanimous consent that the Senate 2:30 p.m. to hold a hearing on the Black SUBCOMMITTEE ON TERRORISM, TECHNOLOGY proceed to the immediate consider- Sea Strategy. AND HOMELAND SECURITY ation of S. Res. 74, submitted earlier The PRESIDING OFFICER. Without Mr. BROWNBACK. Mr. President, I today by Senators BIDEN, CLINTON, objection, it is so ordered. ask unanimous consent that the Sen- LUGAR, KOHL, and others. The PRESIDING OFFICER. The COMMITTEE ON THE JUDICIARY ate Committee on the Judiciary Sub- clerk will report the resolution by Mr. BROWNBACK. Mr. President, I committee on Terrorism, Technology, and Homeland Security be authorized title. ask unanimous consent that the Com- The assistant legislative clerk read to meet to conduct a hearing on ‘‘Ter- mittee on the Judiciary be authorized as follows: to meet to conduct a hearing on Tues- rorism and the EMP Threat to Home- land Security,’’ on Tuesday, March 8, A resolution (S. Res. 74) designating March day, March 8, 2005 at 9:30 a.m. on ‘‘Judi- 8, 2005, as ‘‘International Women’s Day.’’ 2005, at 2:30 p.m. in Room 226 of the cial Nominations.’’ The hearing will There being no objection, the Senate take place in the Dirksen Senate Office Dirksen Senate Office Building. Panel I: Dr. Lowell Wood, Commis- proceeded to consider the resolution. Building Room 226. The tentative wit- Mr. DURBIN. Today, March 8, is sioner, Congressional EMP Commis- ness is attached. International Women’s Day. This day sion, Livermore, CA; Dr. Peter Pry, Agenda: provides a special opportunity for us to Senior Staff, Congressional EMP Com- reflect on the status of women PANEL I: Senators. mission, Washington, DC; Dr. Peter throughout the world and to think PANEL II: Thomas B. Griffith, of Fonash, National Communications about what we can do to improve the Utah, to be United States Circuit System Deputy Manager (Acting), De- health and well-being of some of the Judge for the District of Columbia Cir- partment of Homeland Security, Wash- cuit. world’s most vulnerable women. ington, DC. Today, I would like us to think about The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. Uganda, where I sat on a porch with objection, it is so ordered. mothers who were HIV-positive. These COMMITTEE ON RULES AND ADMINISTRATION f mothers were gathering scrapbooks, Mr. BROWNBACK. Mr. President, I PRIVILEGE OF THE FLOOR photos, notes, and little memorabilia ask unanimous consent that the Com- Mr. BROWNBACK. Mr. President, I of their lives to leave to their children. mittee on Rules and Administration be ask unanimous consent Alison Thomp- Their children, playing in the yard, had authorized to meet during the session son, a Marine fellow on Senator DOLE’s already lost one parent, and were now of the Senate on Tuesday, March 8, staff, be granted privileges of the floor about to lose a second. 2005, at 9:30 a.m., to conduct a hearing for the duration of today’s session. I would like us to think about South to examine and discuss S. 271, a bill The PRESIDING OFFICER. Without Africa, where I saw women waiting for which reforms the regulatory and re- objection, it is so ordered. hours on wooden benches, inside a clin- porting structure of organizations reg- f ic made from old rail cars, in the hope istered under Sections 527 of the Inter- that they might be sick enough to nal Revenue Code. MEASURE PLACED ON THE qualify for antiretroviral treatment for The PRESIDING OFFICER. Without CALENDAR—S. 539 HIV. objection, it is so ordered. Mr. GRASSLEY. Mr. President, I un- And, I would like us to think about SELECT COMMITTEE ON INTELLIGENCE derstand there is a bill at the desk that Bangladesh, where I saw women who Mr. BROWNBACK. Mr. President, I is due for its second reading. had known nothing but poverty, but ask unanimous consent that the Select The PRESIDING OFFICER. The Sen- who, thanks to a tiny loan, had become Committee on Intelligence be author- ator is correct. The clerk will read the entrepreneurs. They were offering cell ized to meet during the session of the title of the bill for the second time. phone service to their villages, made Senate on March 8, 2005 at 2:30 p.m. to The assistant legislative clerk read possible by their ownership of a single, hold a closed hearing. as follows: solar-powered cell phone.

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2290 CONGRESSIONAL RECORD — SENATE March 8, 2005 The stories of women like these from nomic and educational opportunities on securing the rights of women world- around the world are often stories of for women and their families. It also wide. I am grateful to him for raising great sadness, but also stories of hope. has a direct effect on health. his voice on behalf of women and for The health and economic well-being of Worldwide, over half a million the pivotal role the U.N. continues to these women and their families are women die each year from pregnancy play in advancing women’s rights on deeply intertwined. If we can improve or delivery. Family planning makes every continent. one, we may be able to improve the pregnancy safer by reducing unin- About 2 weeks ago, I had the privi- other as well. tended pregnancies and by allowing lege of traveling to Iraq, Afghanistan The connection between health and couples to space births, giving moth- and Pakistan with some of my col- economic well-being is clearly appar- ers’ bodies more time to recover be- leagues on the Senate Armed Services ent in two areas of international as- tween pregnancies. Spacing births 3 to Committee. I visited U.S. troops and sistance: fighting HIV/AIDS, and pro- 5 years apart can prevent the deaths of had a chance to see the extraordinary viding family planning. women and children. It decreases a work these dedicated men and women Women are now the face of AIDS in mother’s risk of dying from childbirth are doing under extremely trying cir- many parts of the world. In sub-Saha- by 2.5 times, and also decreases by 2.5 cumstances. ran Africa, 57 percent of those infected times the baby’s risk of dying before I also spent a few very valuable mo- with HIV are women. Younger women the age of five. ments with Iraqi and Afghan women, are at particular risk. They are three Unfortunately, many couples still just as I had done on a previous visit to times more likely than young men to lack access to family planning care. Iraq and Afghanistan during Thanks- be infected. This striking statistic, ac- Worldwide, an estimated 200 million giving in 2003. What I saw, and what I cording to Stephen Lewis, the United women want to delay the birth of their heard from these women, was both in- Nations Secretary General’s Special next child or stop childbearing alto- spiring and unnerving. In many ways Envoy for HIV/AIDS in Africa, ‘‘is un- gether, but lack access to effective the experiences of Iraqi women, and precedented in the history of the pan- contraceptive methods. their counterparts in Afghanistan, un- demic and . . . perhaps the most omi- Fully funding this unmet need for derscore the opportunities unfolding nous warning of what is yet to come.’’ contraceptives could reduce abortions for women all over the globe. But they HIV/AIDS exploits and widens the in- by 22 million, infant deaths by 1.4 mil- also represent an enduring truth—that equities that make women more vul- lion, and pregnancy-related deaths by no matter how far we have come and nerable. Women may have fewer eco- 142,000. Improving access to family how much hope is on the horizon, nomic opportunities, making them de- planning care is also a wise economic women must continue to work, strug- pendent on others for simple survival. investment. Studies from Mexico, gle, and fight for every ounce of When a family’s resources are limited, Thailand, Egypt, and Vietnam have progress we make. Even then there are any available money may go first for found that every dollar spent on family no guarantees. care and treatment for the men. Where planning saves $8 to $31 in government Ten years ago, women from 189 coun- women do not have rights to property, expenditures. tries came together for the United Na- a husband’s death can leave a widow The United States has been a leading tions Fourth World Conference on and her children with literally nothing supporter of family planning programs Women in Beijing. It was a gathering except infection with HIV. Women are since the 1960s. For family planning’s that lasted only a few days, but it also too often at risk for sexual vio- many benefits to women’s health and changed the world. lence and coercion. lives, I hope we will continue our lead- We were women of all colors, races, The list of problems is long. It is ership in this area. ethnicities, languages, and religious clear that to win the fight against HIV/ Today, on International Women’s backgrounds. Yet we knew that, as AIDS, we must address the many and Day, we have an opportunity to recog- women, we shared common aspirations wide-ranging impacts of the disease on nize the progress that has been made in and dreams, as well as concerns and women. Our strategies to fight HIV/ advancing the health and economic worries about the futures of our fami- AIDS should include approaches such well-being of women. We also have an lies and our communities. as microcredit programs that provide obligation to renew our commitment In Beijing, after years, decades, in- women with small loans. These loans, to providing the care that is needed to deed centuries, we broke our silence. often as small as $10, enable women to help some of the world’s most vulner- Together we spoke up and we spoke start businesses to sustain themselves able women and their families. out. and their families. We should also sup- When we face challenges, we must We spoke out on behalf of women and port efforts to keep girls in school, not be deterred. When we experience their daughters, mothers and sisters; using education’s effectiveness as a success, we ought not to become com- women who were underpaid, under-edu- ‘‘social vaccine’’ against HIV infection. placent. Winston Churchill reminds us, cated and undervalued; women who We should work to make prevention, ‘‘Success is not final, failure is not were deprived of the right to go to care, and treatment accessible to fatal: it is the courage to continue that school, earn a living, see a doctor, own women. We must address the problem counts.’’ The women that I have met in property, get a loan, cast a vote or run of gender-based violence and intimida- Uganda, South Africa, and Bangladesh for office; women who were persecuted, tion. have all had the courage to continue. abused, violated, even killed because And, as part of our strategy, we We too must continue our efforts to there were no laws to protect them or should also support promising women- improve the health and lives of women no enforcement of the laws that were centered technologies such as around the world. supposed to protect them. microbicides. This is why I am a co- Mrs. CLINTON. Mr. President, today Although some governments and offi- sponsor of the Microbicides Develop- we commemorate International Wom- cials doubted that a United Nations ment Act being introduced today. This en’s Day. Discussions that will take conference on women would have an bill calls on the Federal Government to place this week in celebration of Inter- impact, what transpired in Beijing was accelerate and coordinate research and national Women’s Day allow women the beginning of a global movement. It development of microbicides. leaders, policy makers and experts was a global movement focusing atten- Family planning is another area that from governments around the world to tion on the issues that matter most in can have important benefits for wom- take stock of our progress and rec- the lives of women and their families: en’s health and economic well being. ommend concrete steps for future ac- access to education, health care, jobs The World Bank has called family tion. and credit, and the opportunity to planning ‘‘a development success I commend U.N. Secretary General enjoy the full range of political, legal story’’ because it contributes so great- Kofi Annan for using his platform at and human rights. ly not just to women’s health and op- the United Nations to advocate on be- We called on governments around the portunities, but also to the social and half of women’s rights. More than world to promote and protect women’s economic development of entire soci- most, the Secretary General knows rights unequivocally and to act on the eties. Family planning improves eco- firsthand that global progress depends ideal that ‘‘women’s rights are human

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During my hus- eracy, sexual coercion and gender- We made our case that global band’s administration, I was honorary based violence make this a daunting progress depends on the progress of chair of the President’s Interagency problem with implications well beyond women; that democratic institutions Council on Women, whose job was to the developing world. cannot thrive and survive without the follow up on Beijing and make sure That is why Senator BOXER and I pro- participation of women; that market that policies and programs relating to posed an amendment to the Global economies cannot grow and prosper women and girls were a priority in AIDS bill that would provide assist- without the inclusion of women; that every federal agency. ance to foreign countries to combat societies are not truly free and just President Clinton’s administration HIV/AIDS, tuberculosis and malaria. without legal protections and rights was the first ever to understand that We also have to ensure that women for women; that a nation cannot ad- social investment particularly invest- enjoy the fundamental right to plan vance into the 21st century and in the ments in women and girls should be an their own families and that they have Information Age without educated, lit- integral part of foreign policy. Sec- access to family planning services. erate women. retary Madeleine Albright led the This is not an easy issue. There are Today, as we face new and daunting charge, and I am grateful for her en- people with equally strong passions enemies—from stateless terrorism to ergy and vision. and convictions on both sides. But we the global pandemic of HIV/AIDS to These achievements might not have should all be able to agree that we the scourge of human trafficking—we been possible without the galvanizing want every child born in this country are learning that our Nation and our effects of Beijing. We should all be very and around the world to be wanted, world cannot be secure or at peace if proud of the work we have done here in cherished and loved. And the best way women are denied the right to fulfill the United States, as well as around to achieve that is to educate the public their God-given potential at home, at the world, to advance the Beijing agen- about reproductive health and how to school, at work, at the ballot box, in da and ensure that we continue to prevent unsafe and unwanted pregnancies. the courthouse and in the board room. make progress on all of these fronts. Research shows that the primary rea- The Beijing Conference got us going. But where do we go from here? son that teenage girls abstain is be- Governments, working with NGOs, Despite our advances, women still cause of their religious and moral val- used the Beijing Platform for Action as comprise the majority of the world’s ues. We should embrace this and sup- a road map. In the 10 years since, many poor, illiterate and uneducated. Women port programs that reinforce the idea have taken significant steps in the remain undercompensated for the work that abstinence at a young age is not they do in every country on Earth. right direction. just the smart thing to do; it is the From Mongolia to Indonesia to Women in too many countries still do right thing to do. But we should also Tajikistan, we are seeing more equi- not have adequate access to medical recognize what works and what does table laws protecting women from dis- care or the fundamental right to plan not work and the jury is still out on crimination, abuse and violence. From their own families. Women are under- the effectiveness of abstinence-only Gambia to Chile more women are get- represented in leadership positions in programs. I do not think this debate ting elected or appointed to leadership government and business. Women con- should be about ideology, it should be roles in government. Our global move- tinue to be targeted for unspeakable about facts. We have to deal with the ment is having a profound impact atrocities in war and conflict. choices young people make and not around the world. At this very moment, women and only the choices we want them to Turkey recently passed sweeping leg- girls in some parts of the world are make. We should use all the resources islative reforms to protect the rights of being forced into marriages they do not at our disposal to ensure teens are get- women with regard to rape and honor want. They are dying of HIV/AIDS in ting the information they need to killings. disproportionate numbers. They are make the right decisions. In Ethiopia, a center funded by the getting trapped in the bondage of inter- Today, roughly 20 million women U.S. Agency for International Develop- national trafficking rings. They are worldwide risk unsafe abortions every ment opened last summer to offer med- being subjected to rape, mutilation and year. About 68,000, most of them in de- ical assistance and counseling to murder as a tactic or prize of war. veloping countries, die in the process. women and girls who are victims of They are left diseased, destitute and Many more suffer horrific injuries. The human trafficking. dying in refugee camps. World Health Organization estimates Morocco instituted new family law In too many instances, the march to that about 600,000 women die each year that gives women equal rights to make globalization has also meant the from pregnancy-related causes. Many decisions about marriage, divorce cus- marginalization of women and girls. times that number suffer grievous in- tody and alimony. That has to change. jury. Many of these deaths could be In Afghanistan, for the first time, a This week’s events offer an oppor- prevented by providing women with the woman, Dr. Masooda Jalal, ran for the tunity not just to assess our progress information and means to choose the presidency. And Habiba Sarobi was just and pat ourselves on the back. We also size and spacing of their families. appointed governor of one of Afghani- must reaffirm the goals laid out in the Yet, the Bush administration is mak- stan’s central provinces. She is the Beijing platform for action and adopt ing it more difficult for women in these first woman to hold a provincial gov- our strategies to meet the new and situations to receive safe medical care. ernment post in Afghanistan. complex challenges of the 21st century. Under the global gag rule, none of our In Mexico, Amalia Garcia became the Specifically: foreign aid dollars can go to foreign third women ever to be elected gov- One, we must continue to improve NGOs that provide abortions beyond ernor of a state in her country. access to quality health care, including cases of rape, incest or endangerment In Iran, Dr. Shirin Ebadi, a woman reproductive and sexual health and to the mother. Or provide abortion lawyer, judge, and human rights activ- HIV/AIDS prevention and treatment. counseling or advocate the legalization ist, was awarded the Nobel Peace Prize When women and girls are healthy, of abortion in their countries. in 2003. we all benefit from lower rates of ma- In places such as Nepal and Afghani- The following year in Kenya, ternal and child mortality, improved stan, which suffer from some of the Wangari Maathai, the deputy minister public health, a decline in population highest maternal mortality rates in of the environment, won the Nobel growth, a more productive work force the world, clinics funded by our gov- Peace prize for her efforts to protect and more stable families. ernment provided a full range of health the environment and advance opportu- Among the most serious health crises services to women and girls. But with nities for poor women. facing women today is HIV/AIDS. the Bush administration’s reinstate- In the United States, the Clinton ad- About half of those infected worldwide ment of the global gag rule, those ministration launched the Vital Voices are women. In Africa, young women funds have dried up; the doors to the democracy initiative to help women are three times more likely to contract clinics are closed. When I visited Af- around the globe build democratic in- the virus than men. A vicious cycle of ghanistan two years ago and recently,

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2292 CONGRESSIONAL RECORD — SENATE March 8, 2005 Afghan women asked that the U.S. believe that it is past time for our were encouraged that a significant renew women’s health assistance for country to provide clearer leadership number of women were candidates and that country. to other countries who have not yet won. Practically speaking, making it ratified this landmark instrument of The wide participation in this elec- harder for women to get information, international cooperation. tion gives us good reason to be cau- counseling and family planning serv- But more is needed. I am heartened tiously optimistic that Iraq is on the ices is a counterproductive policy. It that since we initially helped bring path to building a stable and secure does nothing to reduce abortion; in global attention to this issue that our democratic government. But there are fact, it may do quite the opposite. work continues to grow. But I am also troubling signs: Women have been Without access to contraception and equally concerned that current efforts targeted for retribution, with tragic family planning services, there will be have not yet achieved the concrete re- consequences. Women have been at- more unwanted pregnancies. Without sults desperately needed by the victims tacked for wearing Western dress or access to adequate medical care, many of trafficking like the girls I visited promoting progressive ideas. I have pregnant women will die undergoing whose lives were ravaged by their ser- been told that fear of violence has kept unsafe abortions. vitude. We have a deep responsibility some women confined to their homes. There is no reason why governments to all of trafficking’s victims to do bet- And so it is important that we recog- cannot help educate women and assist ter and I am committed to continue to nize and applaud the progress that has girls and women with their health care work on their behalf. been made, and that we remain vigi- needs. It is the most effective way to In a related area, the U.S. and other lant for the future. We cannot become reduce abortions and improve the nations must, for moral and economic complacent and see women freed from health and well-being of women and reasons, support efforts to curb all one tyranny only to be imprisoned by their families. forms of violence against women, be it another: the tyranny of violence or of Two, we must prevent violence mass rapes in Bosnia and Darfur or extremism. against women, and that includes the battered women suffering in the silence Decisions are being considered right trafficking of women and girls world- of their own homes in America. now in Iraq that will determine the wide, and we must make sure that the Three, we must continue to increase role that women have in governance, criminals who engage in these activi- participation of women in decision- under the law and in society. ties are brought to justice and not al- making positions in government and To ensure that Iraqi women are not lowed to go free. the private sector. marginalized under their new govern- For all the benefits of globalization, Women are on the front lines when it ment, their rights must be ensured, modern technology and instant com- comes to issues involving their chil- their personal security guaranteed and munications, there are dark sides. One dren, their families and their commu- their access to opportunity protected. of the most insidious is the crime and nities. But too often their voices are Four, we must extend full economic heinous human rights violation of not part of the political dialogue. We opportunities to women, including ac- human trafficking. need to make sure that women have cess to microfinance and microenter- As many as 800,000 men, women and every opportunity to make their voices prise. children are trafficked across inter- heard, to be part of civic life and to national borders each year, lured by contribute to the formation of policies It seems obvious that, with women the promise of jobs or a better life, and programs that will affect their making up more than half of the only to find themselves trapped in lives and the lives of those around world’s population, global prosperity prostitution, forced labor and debt them. depends on women having the right to bondage. NGOs have been a critical element of education, jobs, property ownership I will never forget visiting a school in promoting women’s human rights. and credit. Yet it is only relatively re- northern Thailand that took in young They were the voice for women in Af- cently that this fact became more girls whose lives were ruined by pros- ghanistan during the dark days of the widely accepted. Over the past several titution and taught them vocational Taliban. Thanks to organizations such decades we have seen the enormous skills. Many of the girls had contracted as the Vital Voices Global Partnership, benefits accrued when women are given HIV/AIDS. I remember crouching in more and more women around the even a small slice of the economic pie. front of a teenage girl in a wheelchair world are learning the skills necessary Microcredit is one of those stun- who was so ill that she could barely to run political organizations and cam- ningly simple, inexpensive tools that raise her hands to greet me. The girl paigns, build political networks and can forever alter the economic land- had been sold into prostitution by her win elective office. As more women scape for the better. Women now make family because they were desperate for enter the political arena, research up 80 percent of the world’s 70 million money. She had escaped her brothel, shows that their presence raises the microcredit borrowers. From India to returned home, and was sold again. She standards of ethical behavior, lowers Nicaragua to South Africa to Costa died a few days after my visit. corruption and makes political institu- Rica, women are proving that small I also met with women leaders from tions more responsive to constituents. loans can transform individual lives, Eastern and Central Europe and our We have seen women in Rwanda win families and entire communities. government launched campaigns in nearly half the seats in their par- Five, we must ensure that the doors Lviv, Ukraine, and in Istanbul to com- liament during the 2003 elections. Their of primary education are open to every bat trafficking. I am proud that in active participation makes Rwanda girl—and boy—in every country and on March of 1998, President Clinton con- stronger. every continent. demned human trafficking as a viola- We have seen Afghan women refuse If there is a domino effect at work tion of human rights and outlined the to sell their voter registration cards to here, it begins with primary education. prevention, protection and prosecution tribal warlords and defy expectations Today, 55 percent of girls in sub-Saha- framework and strategy which led to by voting. Their active participation ran Africa do not complete primary the first anti-trafficking bill, which he makes Afghanistan stronger. school. This failure has real con- signed into law in 2000. We just saw Iraqi women refuse to sequences for our global economy and Now the Senate must ratify the Pro- run away from polling stations in Jan- our national security, not to mention tocol to Prevent, Suppress, and Punish uary despite the enormous risk and for tens of millions of children with Trafficking in Persons, Especially sometimes flying bullets. Their active limitless potential who are losing the Women and Children. Our government participation will make Iraq stronger. chance to discover their worth and im- played a major role in developing this We were all moved by photos of portance as global citizens. Protocol that has led many countries women and men on Election Day in Girls who are educated are more like- around the world to enact new Iraq holding up their ink-stained fin- ly to have healthy and stable families, antitrafficking legislation and we and gers, showing their courage and deter- lower mortality rates, higher nutrition other member states must ratify it. So mination to vote freely in their coun- levels, delayed sexual activity and less far 79 countries have ratified it and I try’s first democratic elections. We chance of contracting HIV/AIDS or

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 8, 2005 CONGRESSIONAL RECORD — SENATE S2293 having unwanted pregnancies. Edu- amidst the conflict of Northern Ire- millions of women worldwide who rely cated children also correlate to inland. I have seen Bosnian, Croat, and on us to speak up and speak out for creases in the GDP. Serbian women bridge their differences them because they cannot speak up for Equally important today, the edu- by working together, eating together themselves. cation of children in the developing and learning side by side. Let us keep women’s rights on the world is one of our best weapons Finally, it is time to ensure that world’s agenda. Let us continue to mo- against terror. We cannot just win the women have equal opportunity for bilize and galvanize until every woman military battles; we have to win the meaningful representation in all areas and every girl is able to exercise her hearts and minds of hundreds of mil- of decision-making. Not just token po- human rights and achieve her full po- lions of people around the world, many sitions. We need to be partners in de- tential. of them between the ages of 15 and 24. veloping budgets, writing laws, serving Women represent our best hope for We have to educate them, and we have in security forces, dispensing justice, democracy, stability, prosperity, peace to engage them in discussions about conducting business and serving in gov- and security as we look forward into our future. ernment. this new century, I am pleased to have introduced the Doing all of these things is not just Mrs. FEINSTEIN. Mr. President, gen- Education For All Act last year, which the right thing to do. It is the smart der equality is critical to peace and calls for a clear, global strategy to thing to do. Stronger, healthier, ful- prosperity around the world. As we be- achieve universal global education by filled and productive women are the come more interconnected, it is crucial 2015. By dramatically increasing our key to building stronger societies. that the rights of women are recog- investment in global education, the Ten years after Beijing, politicians nized by all countries as fundamental legislation would make educating chil- and policymakers around the globe human rights because countries which dren, including girls, a top priority of have become increasingly sophisticated value women’s rights are more stable, U.S. foreign policy. at talking about gender equality and freer, and more prosperous. Therefore, No country can do this alone. We the important role women play in soci- it is befitting that I rise today to com- need other reform-minded countries to ety. Political speeches, election out- memorate, March 8, 2005, International step up to the plate. We need to lever- reach and advertisements all suggest a Women’s Day. age the strength and resources of pri- growing acceptance of women’s rights. The genesis of International Women’s vate voluntary organizations. We have But listen carefully to the words, Day comes from a number of provoca- to work together to achieve this goal. match them to their deeds and you will tive moments in history. On March 8, Six, we must strengthen the role of see that we still have a lot of work to 1857, women working in the textile and women as agents of peace because we do. clothing industry in New York City know that women are among our best It is not enough to enshrine equal staged a protest demanding better rights in a constitution. It is a critical emissaries when it comes to easing re- working conditions and higher wages. first step, but nations have to interpret ligious, racial and ethnic tensions, More than 50 years later on March 8, and actively enforce equal rights for crossing cultural divides, and reducing 1908, 15,000 women marched through women. We are working with women in violence in areas of war and conflict. New York City in support of voting Iraq to make sure this happens and War and conflict disproportionately rights, shorter work hours, and an end that their rights are not eroded under a impact women, yet women are rarely to child labor. new government. It is because of these strong and cou- included in peace negotiations or the It is not enough to say women de- rageous women that we recognize peace process. Too many societies con- serve a voice in politics. Nations have today as International Women’s Day. tinue to view women’s roles narrowly, to take steps to ensure the full partici- They lit the torch for gender equality thus losing the chance to benefit from pation and representation of women in and passed it down through the genera- the special wisdom and insights that their conferences and committees, tions to us. We have a duty and a re- women offer. their plenaries and parliaments. Our In Rwanda, Sierra Leone and Colom- sisters in Nigeria are struggling with sponsibility to continue their noble bia, women have formed groups to sup- this as we speak. Although the con- work and I am ready to do so by ensur- port orphans and widows left in the stitution guarantees equal rights, Ni- ing that the voices of women from wake of genocide and have advocated gerian women have been virtually ex- around the world are heard loud and for peace. cluded from the political process. clear. The 2004 U.N. Report of the High It is not enough to say we want to Mohandas K. Gandhi once said, Level Panel on Threats, Challenges and educate our girls and give women eco- ‘‘There is no occasion for women to Change recommends that in order to nomic opportunities. Women must be consider themselves subordinate to more capably resolve conflicts between able to safely conduct business, have men.’’ Yet, even today, there are places states, the U.N. should engage in great- access to loans and participate fully in around the world where this is not the er consultation with important voices economic activities. They must have a case. If the United States aims to be a from civil society, especially those of say in how society allocates its re- great champion of the rights of women women, who are often neglected during sources. and girls for the rest of the world, we peace talks. It is not enough to say violence tar- must do more to promote respect for The report goes on to say that in geted against women is wrong. Nor is it women as well as increase their par- order to protect civilians, the Security acceptable to excuse violence against ticipation in every aspect of a coun- Council, U.N. agencies and Member women as a cultural norm. Violence try’s civic, political, and economic life. States should fully implement Resolu- against women is not cultural. It is Today, I would like to highlight sev- tion 1325 on women, peace and security, criminal, and laws must be written and eral issues related to women that re- which passed unanimously in 2000; it is enforced to punish perpetrators of any quire decisive leadership: the role of the first resolution ever passed by the and all forms of violence against women in Iraq and Afghanistan, inter- Security Council that specifically ad- women. national family planning programs, dresses the impact of war on women, During this week, women on all con- and the Convention to Eliminate All and women’s contributions to conflict tinents, who are often divided by na- Forms of Discrimination Against resolution and sustainable peace. tional boundaries and by ethnic, lin- Women. From my own experiences, I know guistic, cultural, economic and polit- We all know that Iraq can only com- that women can serve as tremendously ical differences, come together to cele- plete a peaceful transition to a country courageous and effective peace brokers. brate International Women’s Day. It is based on the rule of law, human rights, I have listened to women from Central a time to reflect on our commitment to and democracy with the full participa- America talk about combating domes- the ideals of equality, justice, peace tion of women. One year ago today, the tic violence after helping end real com- and development for women around the United States sought to assist Iraq on bat in deadly civil war. I have seen world. this path when the Department of Catholic and Protestant women meet Let us use this occasion to redouble State established the Iraqi Women’s over tea, finding common ground our efforts on behalf of the hundreds of Democracy Initiative along with the

VerDate Mar 15 2010 20:35 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08MR5.REC S08MR5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2294 CONGRESSIONAL RECORD — SENATE March 8, 2005 U.S. Iraqi Women’s Network. Through nomic and Social Council’s Commis- South Asia, UNFPA has been working these grants, the U.S. reached out to sion on the Status of Women states: to ensure that women and girls in this Iraqi women and informed them of the while the status of women and girls has im- area are receiving the care they need. importance of their vote and role in proved, overall progress has been uneven. UNFPA’s priorities are reproductive the new Iraq. The volatile security situation and tradi- health, including safe childbirth, pre- On January 30, 2005, the world tional social and cultural norms continue to vention of violence against women and watched as 58 percent of Iraqi voters limit women’s and girls’ role in public life girls, and psychosocial counseling for and deny them the full enjoyment of their turned out for an election in which 25 those affected by the 26 December tsu- percent of the candidates running were rights. The massive needs in terms of reconstruction of infrastructure and strength- nami. women. In the months following the ening of human capacity, including in the In early January, UNFPA asked for elections, special training will focus on fields of education and health care, will re- $28 million to support its tsunami-re- constitution drafting, legal reform, and quire the sustained attention and support of lated work in Indonesia, Sri Lanka, the legislative process, so that women national actors and the international com- and Maldives as part of the United Na- may ensure their rights are enshrined munity for many years to come. tions interagency Flash Appeal. A in the new constitution. While I am en- Our victory in Afghanistan will be month later, over 70 per cent of the re- couraged by recent positive events, we lost if women and girls are not afforded quested funding had been received or must remain vigilant and encourage basic human rights and equal oppor- pledged from various donors, including our Iraqi friends to put the active and tunity. The United States must not Germany, Japan, the Netherlands, meaningful participation of women in forget our commitment to provide a China, Norway, and New Zealand. The the new Iraq at the top of their agenda. better future for Afghan women of all United States is absent from this list. Last year, Women for Women Inter- ages, and I urge my colleagues to stay No women should be prevented from national commissioned a survey of the course and support additional as- receiving the assistance she deserves to Iraqi women and found that despite sistance for education, health care, and plan and care for healthy families. We ethnic educational, religious, and eco- democracy training for women and need to ensure that women have access nomic differences, an overwhelming girls in the years ahead. to the educational and medical re- majority of women in Iraq support a Once again, as we commemorate sources they need to control their re- strong role for themselves in the new International Women’s Day, I regret to productive destinies and their health Iraq. Of the women surveyed, 94 per- point out that the Senate has still not so they will be able to better their own cent want to secure legal rights for acted on the Convention to Eliminate lives and the lives of their families. women, 84 percent want the right to All Forms of Discrimination Against Women are the backbone of our glob- vote on the final Constitution, and 95 Women. The Convention, which was al society. They are our mothers, our percent think there should be no re- adopted by the UN General Assembly sisters, our daughters, and our grand- strictions on education. It is the duty in 1979, has been ratified by 179 coun- mothers. They nurture us and teach us of the United States to assist Iraqi tries to date, including every other de- the lessons of life and how to be a bet- women in realizing these goals and I mocracy in the world. ter person. As such, I am proud to com- encourage my colleagues to continue By ratifying the Convention, states memorate March 8, 2005, as Inter- to support funding for women’s initia- commit themselves to take appropriate national Women’s Day. tives in Iraq. steps to eliminate discrimination There are many great issues facing One of the great success stories of against women in political and public women and the United States. How- our campaign against terrorism is the life, law, education, employment, ever, I am confident and optimistic we liberation of the women and girls of Af- health care, commercial transactions, can address problems such as family ghanistan from the brutal oppression and domestic relations. planning, the burgeoning roles of of the Taliban regime. Under the I am shocked and disappointed that women in Iraq and Afghanistan, and Taliban, women in public were forced the United States has failed to ratify eliminating all forms of discrimination to cloak themselves in shroud-like this Convention. Every year we fail to against women. burkas while being accompanied by a ratify this important Convention, we As a United States Senator, I truly male relative or else risk being beaten compromise our ability to lead the believe it is our duty as the leader of mercilessly. Most Afghan women were world as the torchbearer for women’s the free world to address and seek restricted by the Taliban from work- rights. Not only would signing the Con- workable solutions to every problem ing, receiving an education, from vis- vention reaffirm our Nation’s leader- iting doctors, and from receiving hu- that women face around the world. We ship role on these issues, it would bring manitarian aid. can—and we must. The women of Afghanistan have the us closer with our friends and allies Mr. GRASSLEY. Mr. President, I ask opportunity to build a better life for who have already ratified the pact. I unanimous consent that the resolution themselves and their families. More urge the Senate to act on the Conven- and preamble be agreed to, en bloc, the and more women in Afghanistan are tion this year. motion to reconsider be laid upon the getting an education, earning a living, The United Nations Population Fund table, and that any statements relating receiving medical attention, and par- UNFPA is the single largest global to the resolution be printed in the ticipating in public life. source for maternal health and family RECORD, without intervening action or In fact, I was pleased to hear that planning programs, working in over 140 debate. Hamid Karzai made history last week countries. The PRESIDING OFFICER. Without when he appointed Habiba Sarabi as Nevertheless, since 2002, the Bush ad- objection, it is so ordered. Afghanistan’s first female provincial ministration has withheld over $90 mil- The resolution (S. Res. 74) was agreed governor. lion in vital U.S. contributions to to. During the Taliban regime, Ms. UNFPA because of its perceived ties The preamble was agreed to. Sarabi fled from Kabul to Pakistan. with China’s family planning program The resolution, with its preamble, Following the removal of the Taliban and policies. The administration has reads as follows: from power in 2001, she was selected for taken these actions despite a report S. RES. 74 Mr. Karzai’s cabinet and instantly be- from a State Department fact finding Whereas all over the world, women are came a hero not just for women and team that the UNFPA in no way sup- contributing to the growth of economies, girls, but for all Afghans. Her story is ported or was involved in coercive participating in the world of diplomacy and truly a testament to the remarkable abortions or involuntary sterilization. politics, and improving the quality of the turnaround taking place in Afghani- As a result of administration actions, lives of their families, communities, and na- millions of poor women and families tions; stan. Whereas discrimination continues to deny Nevertheless, obstacles still remain have been deprived of desperately need- women full political and economic equality that prevent women and girls from ed care. and is often the basis for violations of wom- reaching their full potential. The work of UNFPA benefits women en’s basic human rights; A recent U.N. report from UN Sec- in need around the world. In the wake Whereas worldwide, the lives and health of retary General Kofi Annan to the Eco- of the horrific tsunami that struck women and girls continue to be endangered

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Res. 75) designating March Whereas worldwide, women earn less, own women includes rape, genital mutilation, 25, 2005, as ‘‘Greek Independence Day: A Na- less property, and have less access to edu- sexual assault, domestic violence, dating vi- tional Day of Celebration of Greek and cation, employment, and health care than do olence, honor killings, human trafficking, American Democracy.’’ men; dowry-related violence, female infanticide, There being no objection, the Senate sex-selection abortion, forced pregnancy, Whereas microcredit is a stunningly sim- forced sterilization, and forced abortion; ple, inexpensive tool that can forever alter proceeded to consider the resolution. Whereas the World Health Organization as- the economic landscape for the better; Mr. GRASSLEY. Mr. President, I ask serts that domestic violence causes more Whereas women now make up 80 percent of unanimous consent that the resolution deaths and disability among women aged 15 the world’s 70,000,000 microcredit borrowers, be agreed to, the preamble be agreed and from India to Nicaragua to South Africa to 44 than cancer, malaria, traffic accidents, to, and the motion to reconsider be laid to Costa Rica, women are proving that small and war; upon the table. loans can transform individual lives, fami- Whereas worldwide, 130,000,000 girls and The PRESIDING OFFICER. Without lies, and entire communities; young women have been subjected to female Whereas nations should take steps to en- objection, it is so ordered. genital mutilation; sure the full participation and representa- The resolution (S. Res. 75) was agreed Whereas worldwide, at least 1 in 3 females tion of women in political conferences, com- to. has been beaten or sexually abused in her mittees, plenaries, and parliaments; The preamble was agreed to. lifetime; Whereas social investment, particularly The resolution, with its preamble, Whereas worldwide, 20 to 50 percent of investments in women and girls, should be reads as follows: women experience some degree of domestic an integral part of foreign policy; S. RES. 75 violence during marriage; Whereas despite extraordinary advances, Whereas the ancient Greeks developed the Whereas 1 in 4 women in the United States women still comprise the majority of the concept of democracy, in which the supreme have been raped or physically assaulted by world’s poor, illiterate, and uneducated, rean intimate partner at some point in their main under-compensated for the work they power to govern was vested in the people; lives; do, still do not have adequate access to med- Whereas the Founding Fathers of the Whereas somewhere in the United States, a ical care in too many countries, are under- United States drew heavily on the political woman is battered, usually by her partner, represented in leadership positions in gov- experience and philosophy of ancient Greece every 15 seconds; ernment and business, and continue to be in forming our representative democracy; Whereas more than 3 women are murdered targeted for unspeakable atrocities in war Whereas Greek Commander in Chief Petros by their husbands or boyfriends in the and conflict; Mavromichalis, a founder of the modern United States every day; Whereas March 8 has become known as Greek state, said to the citizens of the Whereas battering is the leading cause of International Women’s Day for the last cen- United States in 1821, ‘‘it is in your land that injury to women aged 15 to 44 in the United tury, and is a day on which people, who are liberty has fixed her abode and . . . in imi- States; often divided by ethnicity, language, cul- tating you, we shall imitate our ancestors Whereas it is estimated that 1 in 5 adoles- ture, and income, come together to celebrate and be thought worthy of them if we succeed cent girls in the United States becomes a a common struggle for women’s equality, in resembling you’’; victim of physical or sexual abuse, or both, justice, and peace; Whereas Greece played a major role in the in a dating relationship; Whereas the dedication and successes of World War II struggle to protect freedom and democracy through such bravery as was Whereas worldwide, women account for 1⁄2 those working all over the world to end vio- shown in the historic Battle of Crete that of all cases of HIV/AIDS, and in Africa, lence against women and girls and fighting presented the Axis land war with its first young women are 3 times more likely to con- for equality should be recognized; and major setback, setting off a chain of events tract the virus than men; Whereas the people of the United States that significantly affected the outcome of Whereas worldwide, sexual violence, in- should be encouraged to participate in Inter- World War II; cluding marital rape, has been denounced as national Women’s Day: Now, therefore be it Whereas the price for Greece in holding our a major cause of the rapid spread of HIV/ Resolved, That the Senate— common values in their region was high, as AIDS among women; (1) designates March 8, 2005, as Inter- hundreds of thousands of civilians were Whereas between 75 and 80 percent of the national Women’s Day; killed in Greece during the World War II pe- world’s millions of refugees are women and (2) reaffirms its commitment to— riod; children; (A) improve women’s access to quality health care, including HIV/AIDS prevention Whereas, throughout the 20th century, Whereas illegal trafficking worldwide for and treatment; Greece was 1 of only 3 nations in the world, forced labor, domestic servitude, and sexual (B) end and prevent violence against beyond the former British Empire, that was exploitation involves between 1,000,000 and women, including the trafficking of women allied with the United States in every major 2,000,000 women and children each year, of and girls worldwide, and ensure that the international conflict; whom approximately 50,000 are transported criminals who engage in these activities are Whereas President George W. Bush, in rec- to the United States; brought to justice; ognizing Greek Independence Day, said, Whereas 2⁄3 of the world’s nearly (C) end discrimination and increase the ‘‘Greece and America have been firm allies 1,000,000,000 illiterate individuals are women; participation of women in decisionmaking in the great struggles for liberty. Americans Whereas 2⁄3 of the children denied primary positions in government and the private sec- will always remember Greek heroism and education are girls; tor; Greek sacrifice for the sake of freedom . . . Whereas these educational failures have (D) extend full economic opportunities to [and] as the 21st Century dawns, Greece and serious consequences for the global economy women, including access to microfinance and America once again stand united; this time and the United States national security, as microenterprise; and in the fight against terrorism. The United well as for tens of millions of girls who are (E) strengthen the role of women as agents States deeply appreciates the role Greece is losing the chance to discover their worth and of peace because women are among the best playing in the war against terror. . . . Amer- importance as global citizens; emissaries for easing religious, racial, and ica and Greece are strong allies, and we’re Whereas girls who are educated are more ethnic tensions, crossing cultural divides, strategic partners.’’; likely to have healthy and stable families, and reducing violence in areas of war and Whereas Greece is a stabilizing force by lower mortality rates, higher nutrition lev- conflict; and virtue of its political and economic power in els, and delayed sexual activity, and have (3) encourages the people of the United the volatile Balkan region and is one of the less chance of contracting HIV/AIDS or hav- States to observe ‘‘International Women’s fastest growing economies in Europe; ing unwanted pregnancies; Day’’ with appropriate programs and activi- Whereas Greece, through excellent work Whereas in most countries, women work ties. and cooperation with United States and approximately 2 times more unpaid time international law enforcement agencies, ar- f than men do; rested and convicted key members of the No- Whereas women work 2⁄3 of the world’s GREEK INDEPENDENCE DAY vember 17 terrorist organization; 1 working hours and produce ⁄2 of the world’s Mr. GRASSLEY. Mr. President, I ask Whereas President Bush stated that food, yet earn only 10 percent of the world’s unanimous consent that the Senate Greece’s successful ‘‘law enforcement oper- income and own less than 1 percent of the ations against a terrorist organization [No- world’s property; now proceed to the consideration of S. vember 17] responsible for three decades of Whereas 3 in 10 households are maintained Res. 75, which was submitted earlier terrorist attacks underscore the important by women with no husband present; today. contributions Greece is making to the global Whereas rural women produce more than The PRESIDING OFFICER. The war on terrorism’’; 55 percent of all food grown in developing clerk will report the resolution by Whereas Greece was extraordinarily re- countries; title. sponsive to United States requests during

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Mr. President, I ask the city of their modern revival in 1896; unanimous consent that when the Sen- f Whereas Greece received world-wide praise ate completes its business today, the for its extraordinary handling of over 14,000 Senate adjourn until 9:30 a.m. on ADJOURNMENT UNTIL 9:30 A.M. athletes from 202 countries and over 2,000,000 Wednesday, March 9. I further ask that TOMORROW spectators and journalists and did so effi- following the prayer and the pledge, ciently, securely, and with its famous Greek Mr. GRASSLEY. If there is no fur- hospitality; the morning hour be deemed expired, ther business to come before the Sen- Whereas the unprecedented Olympic secu- the Journal of proceedings be approved ate, I ask that the Senate stand in ad- rity effort in Greece for the first post-9/11 to date, the time for the two leaders be journment under the previous order. Olympics included a record-setting expendi- reserved and the Senate then begin a There being no objection, the Senate, ture of over $1,390,000,000 and assignment of period of morning business for up to 60 at 7:18 p.m., adjourned until Wednes- over 70,000 security personnel, as well as the minutes, with the first 30 minutes day, March 9, 2005, at 9:30 a.m. utilization of an 8-country Olympic Security under the control of the majority lead- Advisory Group which included the United er or his designee and the second 30 f States; minutes under the control of the NOMINATIONS Whereas Greece, geographically located in Democratic leader or his designee; pro- a region where Christianity meets Islam and vided that following morning business Executive nominations received by Judaism, maintains excellent relations with the Senate resume consideration of S. the Senate March 8, 2005: Muslim nations and Israel; DEPARTMENT OF STATE Whereas Greece has had extraordinary suc- 256, the Bankruptcy Reform Act, as provided under the previous order. DANIEL FRIED, OF THE DISTRICT OF COLUMBIA, A CA- cess in recent years in furthering cross-cul- REER MEMBER OF THE SENIOR FOREIGN SERVICE, tural understanding and reducing tensions The PRESIDING OFFICER. Without CLASS OF MINISTER-COUNSELOR, TO BE AN ASSISTANT between Greece and Turkey; objection, it is so ordered. SECRETARY OF STATE (EUROPEAN AFFAIRS), VICE A. ELIZABETH JONES, RESIGNED. Whereas Greece and the United States are f at the forefront of the effort for freedom, de- IN THE AIR FORCE PROGRAM mocracy, peace, stability, and human rights; THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Mr. GRASSLEY. Tomorrow, fol- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Whereas those and other ideals have forged CATED UNDER TITLE 10, U.S.C., SECTION 624: a close bond between our 2 nations and their lowing morning business, the Senate To be brigadier general peoples; will continue its consideration of the Whereas March 25, 2005, marks the 184th COL. JAMES J. DOUGHERTY III, 0000 bankruptcy bill. Under the agreement COL. PATRICIA C. LEWIS, 0000 anniversary of the beginning of the revolu- reached tonight, we will have up to 40 IN THE NAVY tion that freed the Greek people from the minutes of debate on a series of amend- Ottoman Empire; and ments, which will be followed by four THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Whereas it is proper and desirable to cele- IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND brate with the Greek people and to reaffirm stacked rollcall votes. That will be on these amendments. The first vote will RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: the democratic principles from which our 2 To be admiral great nations were born: Now, therefore, be be in relation to the Durbin paperwork it amendment, and that vote will begin at VICE ADM. GARY ROUGHEAD, 0000 approximately 11:30 tomorrow morn- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Resolved, That the Senate— IN THE UNITED STATES NAVY TO THE GRADE INDICATED (1) designates March 25, 2005, as ‘‘Greek ing. For the remainder of the day, we WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Independence Day: A National Day of Cele- will continue working through the RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: bration of Greek and American Democracy’’; amendments to the bankruptcy bill. To be vice admiral and There are a number of amendments REAR ADM. BARRY M. COSTELLO, 0000

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TRIBUTE TO MARY MCCLYMONT Horace was born a citizen of Germany in I have always appreciated the kind advice OF INTERACTION 1915, and grew up beneath the rising specter she has provided me over the years. of Nazism. Fearing that they would become I wish to congratulate Gracia Molina de Pick HON. TOM LANTOS victims of the Holocaust, he and his family for her untiring work on behalf of women, mi- OF CALIFORNIA separated in 1932 and fled from their native norities, and our community at-large. IN THE HOUSE OF REPRESENTATIVES country. Horace made the journey to the f United States, where he found his family safe Tuesday, March 8, 2005 HONORING THE WORDS OF JOHN in their adopted nation. JACKSON Mr. LANTOS. Mr. Speaker, I invite my col- Horace served his new homeland with fierce leagues to join me today in paying tribute to loyalty, enlisting in the Navy upon the United Ms. Mary E. McClymont, the current President States’ entry into World War II. After serving HON. TIM RYAN and CEO of InterAction, the largest alliance of honorably in the Sea Bees Battalion, he re- OF OHIO U.S.-based, international development and hu- turned to his Hollis Hills, Queens County, New IN THE HOUSE OF REPRESENTATIVES manitarian nongovernmental organizations. York home and began his most significant InterAction’s members range from large orga- Tuesday, March 8, 2005 work, that of raising a family. nizations like CARE, Save the Children, Mr. RYAN of Ohio. Mr. Speaker, it gives me At the age of 90, Horace is a proud father, Catholic Relief Services, and World Vision, to great pride to honor the words of John Jack- smaller organizations such as the International grandfather, and United States veteran. His son, a steelworker from Warren, Ohio. I am Medical Corps which is based in my own life is a shining example of the emblematic vi- proud to claim him as my constituent. sion of hope that America inspires in the per- home state of California. I AMANAMERICAN STEEL MILL After four years of tireless service to the hu- secuted, and of the powerful influence a loving father has on his children and his children’s I was born over 100 years ago. manitarian community, Mary is relinquishing I am a true American. the helm of InterAction. She will be deeply children. I survived the depression. missed not only by the many NGOs that Inter- Mr. Speaker, on behalf of three generations I have lived through wars. Action serves but also by many of us in Con- of Americans, I ask my colleagues in the I sweated. gress who have come to rely on her and Inter- House of Representatives to please join me in I poured ton after ton out for you. Action as advocates of humanitarian, human honoring Horace H. Heymann as he cele- When called upon I answered. brates his 90th birthday. At wartime I served my country. rights, and development concerns. Her knowl- I served it true. edge, commitment, and professionalism have f I worked 24 hours a day 7 days a week for established InterAction as a leading resource IN HONOR OF GRACIA MOLINA DE you. of information and expertise on a myriad of PICK ON HER 75TH BIRTHDAY Never stopping, never slowing down. issues ranging from Iraq and Afghanistan to Never asking for anything in return. the Millennium Challenge Account. I have supplied you with the materials to InterAction also has grown tremendously HON. SUSAN A. DAVIS build under Mary’s leadership, nearly doubling its OF CALIFORNIA Planes, trains, ships, cars, and whatever you asked of me. operating budget and expanding its member- IN THE HOUSE OF REPRESENTATIVES ship. Additionally, Mary launched the Global I have helped make you the super power that Tuesday, March 8, 2005 you are. Partnership for Effective Assistance—a Mrs. DAVIS of California. Mr. Speaker, it is I have made you feel proud, safe, secure, and multiyear advocacy campaign to help save superior to other nations. lives and build self-sufficiency in poor coun- with great pleasure that I rise today to con- I have given people their way of life. tries by increasing the amount of development gratulate Gracia Molina de Pick. Gracia cele- I have taken away life from people. and humanitarian assistance, improving the ef- brates her 75th birthday on March 28, 2005. I Do You Know Who I Am? fectiveness of foreign aid, and fostering inter- am honored to have this opportunity to pay I Am An American Steel Mill national partnerships. tribute to an exceptional community leader. I have helped you when called upon, Leading an organization as large and di- Gracia is a mother, a daughter, a leader, and I have supported you through good times verse as InterAction during these tumultuous most of all, a beloved friend. And bad times. times requires an individual of tremendous for- San Diegans will honor Gracia at the Centro Now I am asking you this great country of ours titude, integrity, and dedication. Mary undoubt- Cultural de la Raza’s International Women’s Think what life would be like if I die edly has excelled in meeting that challenge. Day. Her friends, family, and supporters will Think how safe, proud, secure you would feel Mr. Speaker, it has been a great pleasure join together to salute her for her selfless and if I die. for me and the Democratic staff of the Inter- steady dedication to advancing women’s The cries for help are all across the country. national Relations Committee to work closely causes and improving our community. The same country I helped build. on a wide range of issues with InterAction and Her life story is a great adventure where The same country I helped become strong. with Mary. I want to commend her for her out- she fought historic socio-political battles. She Please don’t let me die. standing service and commitment to improving battled for obtaining women’s suffrage in Mex- Serve me as I have served you. the effectiveness of our nation’s humanitarian ico. In the United States, she fought for wom- f and development assistance. And I want to en’s equality and acceptance in the workplace. IN HONOR OF PROVIDENCE HIGH extend our best wishes to her as she leaves She worked to promote the participation of SCHOOL’S 50TH ANNIVERSARY the presidency of InterAction. women and people of color in the democratic f process. HON. ADAM B. SCHIFF Gracia is the people’s activist. She has CELEBRATING THE 90TH BIRTH- OF CALIFORNIA dedicated countless hours to improving the DAY OF HORACE H. HEYMANN IN THE HOUSE OF REPRESENTATIVES quality of life for women and people of color. HON. GARY L. ACKERMAN Many leaders in San Diego will tell you that Tuesday, March 8, 2005 she leads by example and is quick to take Mr. SCHIFF. Mr. Speaker, I rise today to OF NEW YORK people under her wing. Gracia is a proud congratulate Providence High School for 50 IN THE HOUSE OF REPRESENTATIVES founder of the first Chicano and Chicana stud- years of outstanding dedication to education Tuesday, March 8, 2005 ies program at Mesa Community College. In and the community. Mr. ACKERMAN. Mr. Speaker, I rise today 2002, she was inducted into the San Diego Providence High School opened as an all to celebrate the 90th birthday of Horace H. Women’s Hall of Fame. She is a mentor, ad- girls Catholic High School in Burbank, Cali- Heymann. vocate, grassroots activist, and teacher. fornia, in September 1955. Principal, Sister

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

VerDate Aug 04 2004 06:10 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K08MR8.001 E08PT1 E376 CONGRESSIONAL RECORD — Extensions of Remarks March 8, 2005 Maria Theresa, Sister Isabella, and Sister Es- for Community and Justice. In addition, he is Mr. Ferrer Garcıá is a brilliant example of ther administrated at the new school which a past chair of United Way of Cincinnati and the heroism of the Cuban people. No matter then had its first class of 81 students. The first the Greater Cincinnati Chamber of Commerce how intense the repression, no matter how school building was completed on November Board of Trustees. A native of New York City, horrifically brutal the consequences of a dig- 2,1955. The first class of students graduated Tom received a B.A. from Maryknoll College nified struggle for liberty, the totalitarian gulags in 1959. By 1960, the number of students and a J.D. from St. John’s University School are full of men and women of all backgrounds swelled to 495. The staff continued to grow of Law. and ages who represent the best of the Cuban and formed a young, enthusiastic group who Mary Ellen is a member of the boards of nation. Thousands languish in the gulag be- worked tirelessly to attain the highest stand- Dominican Community Services, 4Cs (Com- cause, like Mr. Ferrer Garcıá, they refuse to ards, not only in the academic field, but also munity Coordinated Child Care), Dress for accept the tyrannical dictatorship in Cuba in athletics, music and other extracurricular ac- Success Cincinnati, and Friends of the Univer- today. tivities. Identifying the need for values-based sity of Cincinnati College—Conservatory of Mr. Speaker, we must speak out and act education for all young people, Providence Music (CCM). She attended the College of against this abominable disregard for human began welcoming young men, as well as Mount Saint Joseph. rights, human dignity, and human freedom just women, to the school in 1974. The Codys have 4 children: Thomas, Jr., 90 miles from our shore. My Colleagues, we Sr. Lucille Dean became the school’s prin- Mark, Anne, and Amy, and 7 grandchildren. must demand the immediate and unconditional ´ cipal in 1986. Providence continued in the All of us in the greater Cincinnati area con- release of Jose Daniel Ferrer Garcıá and next few years to build on the tradition of ex- gratulate the Codys on their extraordinary every political prisoner in totalitarian Cuba. cellence. Providence High School has re- community service, and on receiving this pres- f ceived recognition throughout its history for its tigious honor. 100th ANNIVERSARY OF THE CITY academic achievement. It was designated a f OF WEST BRANCH Blue Ribbon School in 1997 and received ac- FREEDOM FOR JOSE´ DANIEL creditation from the Western Association of FERRER GARCIÁ HON. BART STUPAK Schools and Colleges in 1996. In 2001, the OF MICHIGAN school opened the Fritz B. Burns Student Ac- IN THE HOUSE OF REPRESENTATIVES tivity Center featuring a state-of-the-art gym- HON. LINCOLN DIAZ-BALART Tuesday, March 8, 2005 nasium, weight room, exercise room, boys and OF FLORIDA girls locker rooms, and conference center. IN THE HOUSE OF REPRESENTATIVES Mr. STUPAK. Mr. Speaker, I rise today to Providence has a proud history of carrying out Tuesday, March 8, 2005 honor a community in my district that is cele- its unique mission of education. The school brating its 100th anniversary as a city. Tomor- Mr. LINCOLN DIAZ-BALART of Florida. Mr. row, the residents of West Branch, Michigan continually strives for academic excellence Speaker, I rise today to speak about Jose´ and the total development of the individual. celebrate this great milestone. Daniel Ferrer Garcıá, a political prisoner in to- The land that is now West Branch began as I ask all Members of Congress to join me talitarian Cuba. today in congratulating Providence High a timber town in 1875, blessed with a mixture Mr. Ferrer Garcıá is the regional coordinator of soft and hardwoods. As many timber towns School for 50 years of exemplary public serv- for the Christian Liberation Movement in the ice, and for its immense commitment to edu- dissolved with the depleting timber supply, the province of Santiago. He is a peaceful pro-de- early community leaders of West Branch had cating young people of all cultural and eco- mocracy activist who believes in the cause of nomic backgrounds for academic achieve- the foresight to replenish the forests through a freedom for the men and women of Cuba. Be- conservation plan funded through a timely oil ment, compassionate service, ethical stand- cause of his steadfast belief in human liberty, boom that contributed greatly to the economy. ards, Christian leadership, global awareness, and his constant work to bring freedom to an Located on the Michigan’s largest railroad and life-long learning. island enslaved by the nightmare that is the line, West Branch is roughly halfway between f Castro regime, Mr. Ferrer Garcıá has been a the southern State line and the Mackinac TOM AND MARY ELLEN CODY constant target of the dictatorship. Bridge. Three old Native American Chippewa HONORED BY JUVENILE DIABE- According to Amnesty International, Mr. Trails that convened in West Branch trans- TES RESEARCH FOUNDATION AS Ferrer Garcıá has been harassed and de- formed into what is now known as highways, 2005 CINCINNATIANS OF THE tained numerous times for his pro-democracy M–76, M–30 and M–55 making that area a YEAR activism. In January 2002, he was forced from major hub for the increasing transportation. a bus and beaten by the tyrant’s thugs be- It was in 1905 that the State of Michigan cause of his activities and ideals. In March recognized West Branch for 30 years of solid HON. ROB PORTMAN 2003, as part of Castro’s heinous crackdown growth by granting them incorporation as a OF OHIO on peaceful pro-democracy activists, Mr. City. The State further noted that the area’s IN THE HOUSE OF REPRESENTATIVES Ferrer Garcıá was arrested. Subsequently, in escalating commerce in the farm industry also Tuesday, March 8, 2005 a sham trial, he was sentenced to 25 years in attributed to the cause for incorporation. Agri- the totalitarian gulag. culture, still today, remains the area’s largest Mr. PORTMAN. Mr. Speaker, I rise today to economic resource. honor Tom and Mary Ellen Cody, friends and While confined in the inhuman horror of Castro’s gulag, Mr. Ferrer Garcıá has been Through the years, the community has dra- constituents who on April 30, 2005 will be matically evolved. In the 1930s and 40s West named 2005 Cincinnatians of the Year by the the constant target of abuse. According to the Department of State’s Country Reports on Branch grew its recreational attractions by es- Cincinnati Chapter of the Juvenile Diabetes tablishing Trout Festivals and Alpine Ski facili- Research Foundation International. Juvenile Human Rights Practices for 2004: On January 1, Jose´ Daniel Ferrer Garcıá ties as well as promoting its suitability for Diabetes Research Foundation International is hunting, fishing and agriculture. In the 1950s the central resource for information about type reported serving 45 days in a punishment cell for protesting the suspension of correspond- and 60s the City focused on highway and land I juvenile diabetes, and raises funds to support ence and the delivery of food and medical development that brought the most famous research to find a cure for diabetes. supplies from his family. He did not receive highway in the state, I–75, directly through Tom and Mary Ellen are being honored for food or water during the first 3 days of his their emerging community. During the 70s, their extraordinary service to the Cincinnati confinement and slept on a cement floor. Au- 80s and 90s the city experienced an economic community. They have been active members thorities confiscated his Bible and prohibited boom and acquired two industrial parks. One since they moved to our area in 1982, when any contact with other prisoners. of the parks was bestowed a ‘‘smiley-face’’ Tom joined Federated Department Stores, Inc. The same Country Report describes the water tower, which is now the trademark of Currently, Tom is vice chair of Federated with true horrors of a punishment cell: ‘‘Prisoners the City. The other, eventually became home responsibility for legal and human resources, sometimes were held in ‘punishment cells,’ to Tolfree Memorial Hospital, West Branch Re- internal audit, external affairs, and the com- which usually were located in the basement of gional Medical Center and the state-of-the art pany’s philanthropic activities. Prior to joining a prison, with continuous semi dark conditions, Seaton Cancer Center. Federated, Tom was with Pan American World no available water, and a hole for a toilet.’’ The West Branch of today, with a population Airways, Inc. He serves on the Boards of This is in addition to the grotesque depravity of 1,924, serves as the County seat for Trustees of Xavier University, Cincinnati Chil- of the gulag that also includes beatings, isola- Ogemaw County. This fast growing commu- dren’s Hospital, the Cincinnati Children’s Hos- tion, denial of medical treatment to detainees nity’s expanding commerce, with its own Com- pital Life Center, and the National Conference and sexual abuse. munity Airport and bustling outdoor shopping

VerDate Aug 04 2004 06:10 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MR8.004 E08PT1 March 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E377 mall contrasts the Victorian downtown that thority would be chilling in Taiwan, which has RECOGNITION OF DR. DONALD F. embraced its rich history during their recent supported civil liberties and free speech rights. AVERILL FOR THE HARRY streetscape enhancement. I hope that Chinese leaders will use their BUTTIMER DISTINGUISHED AD- Mr. Speaker, I can personally attest to the better judgment and abandon this ill-conceived MINISTRATOR AWARD broadly shared opinion that West Branch is a plan. We, as Americans, must do what we can warm and welcoming community. When the to promote peace and cooperation across the city was added to my new district after the Taiwan Strait. Despite our commitments in HON. JOE BACA 2000 census I held an open house for my dis- Iraq and elsewhere, we must remain engaged OF CALIFORNIA trict office there in order to get to know my in this matter. Our silence could be interpreted new constituents. I was impressed by the as tacit permission for China to escalate its IN THE HOUSE OF REPRESENTATIVES thoughtful questions of the people who at- rhetoric and possibly initiate action against tended and was touched by their welcome to Taiwan, with whom the U.S. has a strong rela- Tuesday, March 8, 2005 me as their new Representative. tionship. We must encourage our friends in Mr. BACA. Mr. Speaker, I would like to give Since then, I’ve held a healthcare forum in Beijing to build on their history of cooperative recognition to Dr. Donald F. Averill, Chancellor West Branch, visited with the West Branch efforts with Taiwan, economically and cul- of the San Bernardino Community College Area Business and Professional Women’s turally, to enhance their relationship. I know District for receiving the Harry Buttimer Distin- Club and even had the honor of throwing the the people of Taiwan look forward to greater guished Administrative Award. It is my honor first pitch at the West Branch Little League engagement with the mainland and a peaceful to recognize Dr. Averill’s leadership, dedica- coexistence with their Chinese brothers and games. I continue to be very proud to rep- tion, extensive educational background, and resent the fine community of West Branch in sisters. his academic and administrative merits to the Congress. f faculty and students of the State of California. Mr. Speaker, I ask the United States House of Representatives to join me in congratulating CELEBRATING NATIONAL PEACE Dr. Averill earned his doctoral degree in the City of West Branch and its residents on CORPS WEEK Educational Management from the University their first 100 years and in wishing them well of La Verne. He has contributed great efforts through the next century. HON. GARY L. ACKERMAN to vocational education and educational devel- f OF NEW YORK opment through teaching and administration. IN THE HOUSE OF REPRESENTATIVES In addition to his 40 years of experience as PERSONAL EXPLANATION Tuesday, March 8, 2005 professor and administrator, Dr. Averill has also served his tenure of service as Super- HON. LEE TERRY Mr. ACKERMAN. Mr. Speaker, I rise today intendent and President of Palo Verde Col- to commemorate the 44th anniversary of the OF NEBRASKA lege, President of the California Association of Peace Corps and to celebrate National Peace IN THE HOUSE OF REPRESENTATIVES Occupational Administrators, Chair of the Oc- Corps Week, which ran from February 28 to Tuesday, March 8, 2005 cupational Education Coalition, Chair of a Leg- March 6, 2005. islative Oversight Committee on Contract Edu- Last week, we honored Peace Corps Volun- Mr. TERRY. Mr. Speaker, on Thursday, cation, Chair of the Southern 30’s Human Re- teers for their dedicated work in promoting March 3, 2005, I missed the vote on final pas- sources Exchange, and Chair of the Associa- world peace and friendship across the globe. sage of H.R. 841, the Continuity in Represen- tion of California Community College Adminis- In an era where global interdependence and tation Act, rollcall 52. Because it was an- trators (ACCCA) Human Resources Commis- camaraderie has become increasingly impor- nounced earlier that this vote would be con- sion. ducted as a voice vote, I immediately left the tant, the Peace Corps plays an integral role in House floor following the vote on the motion to connecting individuals from different countries, Dr. Averill carries a strong commitment to recommit, so that I could make a flight to my races, and creeds. public service, clearly demonstrated by his ac- District. Later in the day, I learned Ms. Since the inception of the Peace Corps on tive involvement with the people and organiza- MILLENDER-MCDONALD demanded a recorded March 1, 1961, over 178,000 volunteers have tions of his community. He is currently in- vote on the question of passage of the bill. served in 138 countries. Currently, there are volved with over 20 regional, state, and na- Had I been present, I would have voted more than 7,700 Peace Corps volunteers tional organizations. Due to his broad knowl- ‘‘aye’’ on the final passage of H.R. 841. serving in 72 countries around the world—the edge in education and understanding of legis- f highest number of volunteers in the field in the lative and educational issues, Dr. Averill is fre- past 29 years. Peace Corps volunteers are quently asked to take the lead in areas of EXPRESSING CONCERN ABOUT CHI- quite a diverse group, serving as teachers, in- higher education, economic development, and NA’S PROPOSED ANTI-SECESSION formation technology consultants, youth and community college finances. LAW agriculture workers, health and HIV/AIDS edu- Furthermore, Dr. Averill has compiled an im- cators, and business advisors. pressive list of community outreach, which in- HON. JAMES R. LANGEVIN I am proud to say that the 5th Congres- cludes his service as Co-Founder of the Or- OF RHODE ISLAND sional District of New York currently has 12 of ange County Technology Exchange Center, IN THE HOUSE OF REPRESENTATIVES its own as Peace Corps volunteers. They are, Chair of the local American Heart Association in alphabetical order and followed by the Tuesday, March 8, 2005 branch, Lt. Governor of Division Three for countries in which they serve: Kimberly A. Kiwanis International, Chairman of the Board Mr. LANGEVIN. Mr. Speaker, I rise today to Beers, Dominican Republic; Ling-Yun Chen, for Mary’s Home, Director and Board Member express my concern about reports of China’s Turkmenistan; Michael E. Garris, Armenia; of the Blythe Area Chamber of Commerce, intention to pass an anti-secession law, which Seth B. Gazes, EI Salvador; Melissa Gon- Chairman of the Palo Verde Valley Economic appears to permit China to punish Taiwan for zalez, Costa Rica; Orlando Gonzalez, Costa Partnership, Member of the Board of Directors what it perceives to be movements toward Rica; Amy Y. Han, Uzbekistan; Grace E. Lee, of the San Bernardino Area Chamber of Com- independence or separatist sentiments. At a Madagascar; Pei-Zei Lin, Burkina Faso; Erin merce and the Rialto Chamber of Commerce. time when we should be encouraging greater C. McNally, Turkmenistan; Richard Z. Mo, He serves on the Board of Directors of Catho- cross-strait cooperation, this effort by the Chi- Paraguay; Debbie Nip, Moldova. lic Charities of California, the Inland Empire nese could further heighten tensions and pos- Mr. Speaker, I ask my colleagues in the sibly move the region toward armed conflict. House of Representatives to please join me in Economic Partnership, and the Work Incentive When I traveled to Taiwan last year, I saw honoring all of the past and present Peace Board of San Bernardino County. a vibrant democracy, a strong economy, and Corps volunteers who selflessly serve abroad, Dr. Averill is an outstanding awardee to re- citizens appreciative of their high standard of empowering individuals in developing coun- ceive the Harry Buttimer Distinguished Admin- living and ability to enjoy basic human rights. tries and spreading their message of world istrator Award. His leadership, commitment, Most importantly, I met people who want to peace and friendship. These fine men and loyalty, integrity, and merits all made him a engage in the world community. Yet, the anti- women have committed years of their lives to perfect candidate deserving of such a great secession law would permit China to decide helping total strangers and to making our honor. The people of San Bernardino County for itself what constitutes an independence world a better and friendlier place. We salute and of the State of California thank him for his movement in Taiwan. Such carte blanche au- your unselfish acts. continued service.

VerDate Aug 04 2004 06:10 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A08MR8.007 E08PT1 E378 CONGRESSIONAL RECORD — Extensions of Remarks March 8, 2005 IN HONOR AND REMEMBRANCE OF and provocative methods that garner greater Kennedy, who passed away at age 86 on Jan- JAMES J. FLANNERY levels of understanding to those who do not uary 7. have a collegiate engineering degree. She was not the most famous member of HON. DENNIS J. KUCINICH Under his leadership, The Tech has empow- her family. Hers was a more private life than ered 1 million educators and youth through OF OHIO those of her siblings. But it was not a life with- teacher training institutes, web-based re- IN THE HOUSE OF REPRESENTATIVES out public consequences and enormous ben- sources, field trips and various community efit to those around her. Tuesday, March 8, 2005 partnerships with area schools and youth The example of her perseverance and her Mr. KUCINICH. Mr. Speaker, I rise today in groups. His museum can also boast of the de- dignity helped to raise awareness about peo- honor and remembrance of James J. Flan- velopment of a signature learning approach ple living with mental disabilities—not just nery, devoted family man, community leader, called, ‘‘Design in Mind Learning,’’ which pro- about their problems, but about their potential. public servant, and friend and mentor to many. vides professional development to educators That example inspired her sister, Eunice Ken- As a former member of the Ohio House of and enhances curricula throughout the United nedy Shriver, to establish the Special Olym- Representatives from 1967 through 1972, Mr. States. pics. It has been going strong now for 37 Flannery served his constituents of Cleve- Mr. Giles has also committed himself to the years. Last year, it was my honor to co-author land’s Near West Side with commitment, in- sustainability of The Tech and the community an historic Congressional authorization for tegrity and energy. As a certified public ac- it serves. The opening of the Tech Museum Special Olympics with my good friend STENY countant, he was instrumental in garnering was funded by $113 million, including an un- HOYER. It is our hope that the authorization statewide approval for the graduated income precedented $32 million of in-kind contribu- will help this successful program to grow even tax, implemented in 1971. tions from the industry; in addition, his endow- more. Mr. Flannery’s life-long commitment of serv- ment fundraising totals $14 million currently. I am pleased that the United States Con- ice to others, and dedication to the Democratic The Tech is one of the top tourist attractions gress is now counted among those who en- Party was handed down to him from his par- for anyone visiting Silicon Valley. It has thusiastically support Special Olympics and ents and grandparents. His father served on earned this reputation because of the unique recognize its unique importance in improving the Council for the City of Cleveland. For mix of art, culture, education, and of course, the lives of people with intellectual disabilities. many years, Mr. Flannery’s grandfather served technology. In addition, The Tech has subtly, Through the Special Olympics, Rosemary as a Precinct Committeeman. And in 1947, but firmly espoused its core belief that Kennedy has brought hope to millions of peo- Mr. Flannery’s grandmother was elected as a science, engineering and technology are fun— ple around the world who either have disabil- delegate to the Democratic National Conven- and must remain to be fun in order for our ities or love someone who does. tion. They also instilled within him an unwaver- country to thrive. In her eulogy for her sister, Eunice Kennedy ing work ethic. He was raised in Cleveland, The tremendous success of this jewel is due Shriver said, ‘‘Today, in villages and cities all graduated from St. Ed’s, then enrolled at the in great part to Mr. Giles’ visionary leadership. over the world, Rosemary’s name may be little University of Notre Dame, where he graduated During Mr. Giles’ 18 years of service at The known, but her love is making a huge dif- in 1960. He volunteered his time and efforts Tech, he fostered a spirit of collaboration and ference—to a mother of a special child, she is on behalf of numerous causes and organiza- innovation that is the keystone of what makes a success story. To a person struggling tions, including St. Ed’s High School and the Silicon Valley a truly unique locale. against misunderstanding and prejudice, she Notre Dame Club of Cleveland, where he Peter Giles is an amazing person. The is a model of courage. To a family wondering served as past president and trustee. In 1991, former President of the Silicon Valley Manu- how to stay hopeful, she is a symbol of the ul- the Club honored him as their Man of the facturing Group he had other, possibly more fi- timate gift that sustains us all: love itself.’’ Year. nancially rewarding, career paths than the Timothy Shriver, Rosemary Kennedy’s Mr. Speaker and Colleagues, please join me Tech. But Peter, who is a techie, a father and nephew and the chairman of Special Olym- in honor and remembrance of James J. Flan- a visionary, has never been interested in his pics, said, ‘‘All of the Shrivers and all of the nery, beloved husband, father, grandfather, own aggrandizement so much as he is inter- Special Olympics family around the world will brother and friend. I offer my deepest condo- ested in the public good. Not only did he de- miss Rosemary’s love and her influence on lences to Mr. Flannery’s wife of 45 years, Ju- velop the Tech from a mere idea, he made the world. Her life and her example will con- dith; his children, Jim, Dan, Kelly, Mary Lou, sure that idea included our entire community. tinue to be our daily inspiration.’’ Michele, Bryan, Judi Lynn and Eric; his sons Let me give you just one example: To protect That’s a sentiment that I believe all of us and daughters in law, Maureen, Caroline, her privacy I’ll just refer to ‘‘Az’’. This young can second. woman started working for the Tech while in Rolly, Attila, Brian, Renee, Dan and Lori; his f granddaughters and grandsons, and his ex- high school. Neither of her parents were col- tended family and many friends. Mr. Flannery lege or high school grads, but Peter under- CHINESE ANTI-SECESSION LAW will be deeply missed by all who knew and stood that reaching out to a community that loved him well, yet his legacy of concern for had not been steeped in education was the HON. CONNIE MACK Tech’s most important mission. From Peter’s others, generous spirit, and kind heart uplifted OF FLORIDA own life, he understands how families rein- the lives of countless individuals and families, IN THE HOUSE OF REPRESENTATIVES including my own—and his life and his legacy, force each other. Now ‘‘Az’’ has completed college and is em- Tuesday, March 8, 2005 framed by love of family and community, will barked on teaching. Understanding the reach be remembered always. Mr. MACK. Mr. Speaker, I rise today to ex- of families, her little brother is a math major at press my strong opposition to China’s pro- f MIT. posed anti-secession law—a highly provoca- PETER GILES HONORED FOR HIS Although Peter Giles is retiring, his legacy tive measure which will further increase ten- ESTEEMED SERVICE TO THE and contributions to Silicon Valley will remain sions across the Taiwan Strait. CORPORATE, NONPROFIT AND in the hearts and minds of The Tech’s sup- Earlier this week, Premier Wen Jiabao HIGH-TECHNOLOGY COMMU- porters, contributors and patrons for many spoke to the about 3000 delegates from all NITIES IN SILICON VALLEY years to come; and even more importantly, in across China at the Great Hall of the People the living rooms of the homes of ordinary fami- in Beijing. In Premier Wen’s speech, he said HON. ZOE LOFGREN lies, things have changed for the better. the law reflects the ‘‘strong determination of f OF CALIFORNIA the Chinese people to . . . never allow seces- IN THE HOUSE OF REPRESENTATIVES IN MEMORY OF ROSEMARY sionist forces working for Taiwan independ- KENNEDY ence to separate from China.’’ The proposed Tuesday, March 8, 2005 law ignores reality and assumes that China Ms. ZOE LOFGREN of California. Mr. HON. ROY BLUNT and Taiwan are now unified. Speaker, I rise to recognize the achievements The law authorizes an attack if Taiwan OF MISSOURI of Peter Giles, the retiring President and CEO moves toward formal independence. Simply IN THE HOUSE OF REPRESENTATIVES of The Tech Museum of Innovation put, it would give China the legal authority that headquartered in San Jose, California. Tuesday, March 8, 2005 China has been seeking to push for reunifica- Among Mr. Giles impressive accomplish- Mr. BLUNT. Mr. Speaker, I rise to say a few tion of Taiwan by force, if necessary. The ma- ments is his strong commitment to education words about the remarkable life of Rosemary jority of the 23 million people of Taiwan view

VerDate Aug 04 2004 06:10 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MR8.012 E08PT1 March 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E379 this proposed law as hostile and unnecessary. environmental, transportation, and develop- later, many of the same delegates present at China already has hundreds of missiles pointment councils and committees. His diligent ef- the Consultation of 1835 arrived along the ed at Taiwan. Passage of this law will only fur- forts have served the citizens of Comal Coun- Brazos River, in the Village of Washington, ther already tense relations across the Strait. ty with distinction since 1999. just north of the Austin Colony. The people of Taiwan live in a vibrant de- Commissioner Millikin is a man that under- By the spring of 1836 the encroachments on mocracy and enjoy one of the highest stand- stands community needs and the value of basic freedoms had reached a point of action ards of living in the world. Taiwan is a beacon hard work and dedication. It is important to for many living in Mexico controlled Texas. of freedom and an engine of prosperity in recognize the accomplishments of Comal They were simply fed up with such unnec- eastern Asia. County Commissioners such as Jay Millikin, essary and uncontrolled interference from a Mr. Speaker, I strongly support the right of because they are an inspiration to many oth- greedy government. The time for action was the Taiwanese people to live in a free and ers in the community. They are the backbone upon them. democratic society. This proposed law threat- of positive action in our local counties and On March 1, 1836, 59 delegates hailing ens Taiwan’s freedom, its security, and its communities. from all corners of Texas arrived at the then prosperity. During President George W. Mr. Speaker, it is a pleasure to recognize relatively unknown village of Washington right Bush’s address earlier this year, he said the accomplishments of Comal County Com- alongside the Brazos River. ‘‘when you stand for liberty, we will stand with missioner Jay Millikin. They met inside an unfinished frame build- you.’’ I urge my colleagues to stand for free- f ing to decide the principals they would invoke dom and liberty and to stand with the people TEXAS INDEPENDENCE DAY in claiming their freedom from Mexico. And as of Taiwan in its opposition to the Chinese anti- these brave men began to construct the lan- secession law. guage which would declare their independ- f HON. MICHAEL T. McCAUL ence from Mexico, they were in fact con- OF TEXAS structing a document which very well may HONORING THE 44TH ANNIVER- IN THE HOUSE OF REPRESENTATIVES SARY OF THE PEACE CORPS have served as their death warrants. For while Tuesday, March 8, 2005 their declaration of independence shouted freedom for the Texans, it also declared Mex- Mr. MCCAUL. Mr. Speaker, March 2 marks HON. FRANK R. WOLF ico unfit to govern and the Mexican Army im- a historic day for my home state of Texas and OF VIRGINIA mediately began seeking retribution for this act specifically for the people of my district living IN THE HOUSE OF REPRESENTATIVES of defiance. in Washington and Austin Counties. Today, Tuesday, March 8, 2005 Mr. Speaker we celebrate the birth of Texas But like so many brave heroes before and after them, these 59 delegates were willing to Mr. WOLF. Mr. Speaker, I am proud today and the place where our great state was born pay the ultimate price for freedom. to honor the 44th anniversary of the Peace because right along the banks of the Brazos It was a bloody and dramatic time for Corps, as we concluded the celebration of Na- River, Texas declared its independence. Texas. While the men along the Brazos River tional Peace Corps Week on Sunday. The Texas Independence day marks a time fought for the right words and ideals with Peace Corps has made great contributions when Texans and Americans of today honor which to claim Texas’ independence, their fel- over the past 44 years with 178,000 volun- and celebrate the work and sacrifices of Tex- low statesmen and warriors fought for their teers that have served in 138 countries. ans generations ago, people who valiantly lives and freedom. For as the delegates along I would like to thank all those who have claimed their freedom from Mexico and sought the Brazos River put pen to paper in writing served and recognize their service and con- out their own destiny governed by the laws of Texas’ declaration of independence men like tributions they have given to the world. a true democracy, a constitution written by the Davey Crockett, James Bowie and William I would also like to honor those colleagues people and the colors of their flag waving over Travis fought to their deaths in fighting for who have served in the Peace Corps. Among what would become the free and independent Texas freedom at the Alamo. them are former Ohio Congressman Tony nation of Texas. And I am proud to say this Hall, who is now U.S. Ambassador to the historic story of freedom, independence and Despite the defeat at the Alamo, the revolu- United Nations Food and Agriculture agencies democracy took place in two important places tion continued. In 1842 Texas president, Sam in Rome and who served in the Peace Corps in the Tenth Congressional District of Texas, Houston moved the nation’s capital from Aus- tin to the birthplace of Texas, Washington on in Thailand from 1966–67. Senator CHRIS- the district I am proud to say I represent. the Brazos River. TOPHER DODD from Connecticut also served as It’s a history that started long before that a Peace Corps volunteer from 1966–68 in the early March day in 1836. Three years later, by an act of Congress, Dominican Republic. Between 1820 and 1836 the Mexican Gov- the United States made Texas part of the I hope all Americans will join me in recog- ernment offered Americans the opportunity to American Union, and Texas became the 28th nizing the valuable service of those who have live and work in what was then the land of state of the United States of America. served in the Peace Corps and their hard Texas under Mexican Rule. But these Ameri- There can be no argument about the Lone work in helping to portray a positive image of cans, living under Mexico’s government quick- Star State’s contribution to American history, the United States throughout the world. ly found the spirit of freedom lacking. Mexican nor can there be any debate about that history’s importance. f leaders, at that time, presumed they could dictate economic, social, even religious life for We must always remember where that his- HONORING THE CONTRIBUTIONS those living in Texas. They allowed the military tory began for Texas. Just like so many Amer- OF COMAL COUNTY COMMIS- to interfere in civil issues, trade even legal icans travel to Philadelphia to witness the SIONER JAY MILLIKIN proceedings. buildings and symbols involved in America’s The inspiring story of how the battle against Declaration of Independence, thousands of HON. HENRY CUELLAR this, then, anti-democratic government began people every year make the journey to Wash- OF TEXAS in what was then, the Stephen F. Austin Col- ington on the Brazos to understand the depth IN THE HOUSE OF REPRESENTATIVES ony, the first colony of Texas, now known as of history and events involved in Texas’ Inde- Austin County, Texas. It was there that the pendence. Tuesday, March 8, 2005 first sparks of freedom flew from the spirits of For many Americans, this place has be- Mr. CUELLAR. Mr. Speaker, I rise today to men, tired of living under an intrusive and bur- come a phrase acknowledging an event in recognize the accomplishments of Comal densome Mexican government. It was in the Texas history long forgotten. But tonight we County Commissioner Jay Millikin. Austin Colony in 1835 that Texans first estab- must remember Washington on the Brazos His patriotism stems from a lifetime of serv- lished a provisional government, with the in- and Austin County as the places where the ice to both town and country. Jay Millikin tention of writing a declaration of independ- proud nation of Texas found life with a want served for 24 years in the United States Air ence soon after. With the Mexican Army intent for freedom and spirit for democracy. Force before becoming a City Councilman, on destroying any move towards Texas inde- Texas will always have a long and storied and the eventual Mayor, of the City of Garden pendence, the Consultation of 1835, as it was history, which we can never forget. We must Ridge. known, adjourned without the organization continue to remember the commitment of Commissioner Jay Millikin’s commitment to needed to continue the cause for freedom. those men who started a new book in Texas the community is exemplified through his But the want for independence from Mexico history as they wrote the nation of Texas into membership and involvement with countless did not die in that colony. Less than a year independence.

VerDate Aug 04 2004 06:10 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A08MR8.015 E08PT1 E380 CONGRESSIONAL RECORD — Extensions of Remarks March 8, 2005 INTRODUCTION OF THE INSULAR DENTON’S LINK BUS SYSTEM RECOGNITION OF ARMY AREAS SMALL BUSINESS DEVEL- NAMED OUTSTANDING SPECIALIST JACOB PALMATIER OPMENT ACT HON. MICHAEL C. BURGESS HON. JOHN SHIMKUS HON. MADELEINE Z. BORDALLO OF TEXAS OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF GUAM IN THE HOUSE OF REPRESENTATIVES Tuesday, March 8, 2005 Tuesday, March 8, 2005 Tuesday, March 8, 2005 Mr. BURGESS. Mr. Speaker, I rise today to Mr. SHIMKUS. Mr. Speaker, I rise today to commend Denton’s Link bus system, located recognize the life of Army Specialist Jacob Ms. BORDALLO. Mr. Speaker, today I am in the 26th Congressional District of Texas, for Palmatier who was recently killed in action introducing legislation that would provide its recognition as an ‘‘Outstanding Metropoli- fighting for freedom in Iraq. greater access to an important tool for the de- tan Transit System’’ for 2004 by the Texas Palmatier was a 29-year-old from Spring- velopment and growth of small businesses in Transportation Association. field, Illinois who served as an Army Specialist Guam, American Samoa, the United States Denton’s Link won the award for increasing assigned to the 1st Battalion, 30th Infantry Virgin Islands, and the Commonwealth of the its ridership by more than fourfold from 2003 Regiment, 3rd Brigade, 3rd Infantry Division Northern Mariana Islands (CNMI). My legisla- to 2004. With better routes and an influx of based at Fort Benning, GA. Palmatier went to tion would expand the areas currently des- new riders from the local universities—Texas Springfield’s Lutheran High School and later ignated by the Small Business Administration Woman’s University and University of North entered Illinois College, where he graduated (SBA) as Historically Underutilized Business Texas—Link has helped limit congestion on magna cum laude with a degree in English. Zones (HUBZones) to cover the insular areas our streets. The ‘‘Outstanding Metropolitan He excelled in languages, learning to speak in their entirety. Not only would this legislation Transit Award’’ is given for designing and im- fluent Japanese as well as some Norwegian, provide an important tool for small business plementing programs that demonstrate innova- Russian and French. He had been in Iraq for growth in these economically disadvantaged tive concepts or effect problem-solving tech- less than a month when he was killed outside areas, it would correct issues of implementa- niques. But a company must not only initiate of Baghdad by a roadside bomb. tion related to the current one-size-fits all cri- these programs but also successfully imple- Palmatier is survived by his wife Bridget of teria for designating HUBZones. This criteria ment the techniques. The Texas Transpor- Rochester whom he married in 2003 and his disadvantages small businesses in the insular tation Association also awards transit systems parents David and Margaret Palmatier of areas. that enhance safety measures, make their op- Springfield. I am proud of the service this Currently, only those zones in the insular erating systems more efficient and improve young man gave to our country and the serv- areas designated by the United States Depart- customer service. ice his fellow troops perform every day. Not ment of Housing and Urban Development as Denton’s Link sets a wonderful model for enough can be said about Army Spc ‘‘qualified census tracts,’’ are recognized by other Texas public transit systems looking to Palmatier. It is troops like him that are risking the SBA as HUBZones. Many additional zones make improvements. I am proud of the Denton their lives day in and day out to ensure our in the insular areas would also be designated public transportation system and citizens of freedom here at home and to others through- HUBZones under the program’s ‘‘qualified Denton who continued to better their commu- out the rest of the world. I salute him and my ‘non-metropolitan county’’’ criteria, as is the nity through the use of Denton’s Link. best wishes go out to his family and all the case in the 50 States, the District of Columbia troops fighting to ensure freedom and democ- and the Commonwealth of Puerto Rico, if not f racy. for technical issues of implementation. A prin- HONORING THE CONTRIBUTIONS f cipal factor of eligibility under the ‘‘qualified OF GUADALUPE COUNTY COM- ’nonmetropolitan county’’’ criteria is a high MISSIONER JUDY COPE A SPECIAL TRIBUTE TO JOHN level of unemployment in a given county. The KAUFFMAN ON THE OCCASION insular areas do not subdivide into counties, HON. HENRY CUELLAR OF HIS RETIREMENT nor does the Bureau of Labor Statistics collect OF TEXAS Local Area Unemployment Statistics for HON. PAUL E. GILLMOR Guam. Therefore, firms located in a number of IN THE HOUSE OF REPRESENTATIVES OF OHIO financially distressed areas in these jurisdic- Tuesday, March 8, 2005 IN THE HOUSE OF REPRESENTATIVES tions are deprived of the opportunity to partici- Mr. CUELLAR. Mr. Speaker, I rise to recog- pate in the HUBZone program, as no alter- nize the dedication of Guadalupe County Tuesday, March 8, 2005 native formula is used for the ‘‘qualified ‘non- Commissioner Judy Cope for her civic service. Mr. GILLMOR. Mr. Speaker, it is my great metropolitan county’’’ criteria in the insular Judy Cope graduated from MacArthur High pleasure to pay special tribute to Mr. John areas. in San Antonio, and went on to attend the Col- Kauffman, upon his retirement as the Man- The purpose of this legislation is to support lege of the Mainland, receiving a degree in aging Editor of the Advertiser-Tribune News- economic self-sufficiency in Guam and the in- criminal justice. She has put her training to paper in Tiffin, Ohio. sular areas by helping small businesses lo- work as a special investigator, compliance offi- John Kauffman, like many young Ameri- cated in these jurisdictions to effectively com- cer, gang issues coordinator, and concealed cans, entered his adulthood by proudly serving pete for federal contract work. Over the past handgun instructor. his country as a member of the United States several years, the SBA’s HUBZone program Commissioner Cope’s experience has not Navy. After John’s enlistment, he attended has been one of the most successful vehicles been limited to law enforcement; she has held and graduated from The Ohio State University for directing federal contracts and subcon- positions in various different fields. Early in her where he was an integral part of the student tracting dollars to locally-owned small busi- career she worked as an accountant, owned a newspaper, The Lantern. nesses. I am confident that the expertise ex- feed and tack store, assisted with operations Upon graduation, John embarked on his ists among small businesses in the insular at her husband’s construction company, and journalistic career at the Ypsilanti Press in areas to successfully meet federal contracting held a state real estate license for 21 years. Michigan and later served as Editor of the needs, particularly for local projects. Universal She now puts this tremendous diversity of Kenton Times. Then in 1981, John accepted HUBZone designation throughout the insular experience to work for the citizens of Guada- his current position as Managing Editor of the areas would provide incentives for federal lupe County. She is a strong believer in gov- Advertiser-Tribune where he has provided agencies to utilize local firms. Considering the ernment transparency and accountability, and constant leadership. relative geographic isolation and unique eco- she has worked hard to help the public be Drawing upon his past experiences, John nomic challenges encountered in these areas, more involved in county government. has brought stability and journalistic integrity and the problems associated with imple- Mr. Speaker, Guadalupe County Commis- to a newspaper which has seen tremendous menting all provisions of the law in the insular sioner Judy Cope’s efforts to enforce the law, changes. As Managing Editor, John remained areas, it makes sense to designate the en- forge community ties, and open government to cognizant of the Advertiser-Tribune’s rich his- tirety of these jurisdictions as HUBZones. the public are worthy of praise, and I am tory which can be traced to 1832 with the be- I look forward to working with Mr. MANZULLO proud to have this opportunity to recognize her ginnings of the Seneca Advertiser and its and Ms. Vela´zquez on this legislation. work publicly. predecessor, the Seneca Patriot. With this rich

VerDate Aug 04 2004 06:10 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MR8.020 E08PT1 March 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E381 history in mind, John has displayed great lead- public service and positive influence on both Indeed, even though the United States pays ership by effectively communicating the mis- the young and old of our community. the lion’s share of the UN budget, UN bureau- sion at hand and adapting to the ever chang- f crats are still not satisfied. They want direct ing world around him. access to U.S. taxpayer money with out the Through John’s drive and leadership, the RECOGNIZING JESSICA POPE’S AP- U.S. government middleman. A current exam- Advertiser-Tribune instituted a Sunday edition POINTMENT TO THE DISTRIBU- ple of this determination to tax American citi- in 1989, daily publishing in 1990 and con- TIVE EDUCATIONAL CLUBS OF zens is the Law of the Sea Treaty. The ‘‘Inter- verted to a morning publishing cycle in 1992. AMERICA’S INTERNATIONAL national Seabed Authority’’ created by the Law After 23 years of distinguished service to the TEAM of the Sea Treaty would have the authority residents of Tiffin and Seneca County, John HON. MICHAEL C. BURGESS to—for the first time in history—impose taxes leaves behind the legacy of a paper inspired OF TEXAS on American businesses and citizens. This treaty may be ratified at any time by the U.S. by dedication and compassion. IN THE HOUSE OF REPRESENTATIVES In addition to John Kauffman’s commitment Senate and UN taxation of Americans will be- to the Advertiser-Tribune, he has shown an Tuesday, March 8, 2005 come a reality. unwavering desire to be an active participant Mr. BURGESS. Mr. Speaker, I rise today to This legislation would represent a com- in his community. Whether it is his activity in commend Jessica Pope of Little Elm High prehensive and complete U.S. withdrawal from his local church, or his participation in the School, located in the 26th Congressional Dis- the United Nations. It repeals the United Na- League of Women Voters’ candidates’ night, trict of Texas, for her win of the Distributive tions Participation Act of 1945 and other re- John has continued to lead by example. Education Clubs of America’s (DECA) state lated laws. It directs the President to terminate Mr. Speaker, I ask my colleagues to join me competition. Winning this competition puts her U.S. participation in the United Nations, includ- in paying special tribute to Mr. John Kauffman. on DECA’s International Team competing in ing any organ, specialized agency, commis- Our communities are well served by having Anaheim, California later this spring. sion, or other affiliated body. It requires clo- such honorable and giving citizens, like John, I congratulate Jessica Pope for this out- sure of the U.S. Mission to the UN. who care about their well being and stability. standing achievement. Jessica first had to The legislation also prohibits the authoriza- We wish John and his family all the best as qualify for the state competition through a se- tion of funds for the U.S. assessed or vol- we pay tribute to one of Ohio’s finest citizens. ries of tests and district competitions. At the untary contribution to the UN; the authorization of funds for any U.S. contribution to any UN f state competition, Jessica excelled past the 100-question test plus a role-playing event, military operation; and the expenditure of HONORING THE ACHIEVEMENTS OF which Jessica completed in front of a panel of funds to support the participation of U.S. GUADALUPE COUNTY JUDGE judges. Out of about 150 contestants in armed forces as part of any UN military or DONALD SCHRAUB Jessica’s event, she was named one of the peacekeeping operation. Finally, this legisla- top nine. tion bars U.S. armed forces from serving HON. HENRY CUELLAR Jessica’s teacher, Diana Reynolds, also de- under UN command. The U.S. Congress, by passing H.R. 1146, OF TEXAS serves recognition because she urged Jessica and the U.S. President, by signing H.R. 1146, to compete at the Distributive Education Clubs IN THE HOUSE OF REPRESENTATIVES will heed the wise counsel of our first Presi- of America events. Teachers, like Ms. Rey- Tuesday, March 8, 2005 dent, George Washington, when he advised nolds, encourage our youth to perform at their his countrymen to ‘‘steer clear of permanent Mr. CUELLAR. Mr. Speaker, I rise today to highest potential helping to build a better honor County Judge Donald L. Schraub for his alliances with any portion of the foreign America. world,’’ lest the nation’s security and liberties years of contribution to the Guadalupe County I am proud of the education system in be compromised by endless and overriding community as an educator, business profes- Texas, especially our involved parents and sional and county judge. international commitments. I urge my col- teachers at Little Elm High School, who com- leagues to support this measure and I hope Born in LaVernia, Texas, Judge Schraub mit their lives and time to fostering growth in graduated from LaVernia High School. He at- for its quick consideration. their students. Jessica is a stellar example of In considering the recent United Nations tended the University of Texas at Austin and how our combined efforts are paying off. Con- earned a Bachelors Degree in Zoology and a meetings and the United States’ relation to gratulations to Jessica, her parents, Diana that organization and its affront to U.S. sov- Teaching Certificate. Reynolds and Little Elm High School. Before becoming an elected official, ereignty, we would all do well to again read f carefully Professor Herbert W. Titus’ paper on Schraub committed years in education and the United Nations from which I have provided business. Judge Schraub started as a biology INTRODUCING THE AMERICAN this excerpt: teacher in Midland, Texas before returning to SOVEREIGNTY RESTORATION ACT OF 2005 It is commonly assumed that the Charter the Seguin Independent School District to of the United Nations is a treaty. It is not. teach Earth Science. After getting a Master’s Instead, the Charter of the United Nations is degree in Education, Schraub continued to HON. RON PAUL a constitution. As such, it is illegitimate, serve the school district by becoming a school OF TEXAS having created a supranational government, deriving its powers not from the consent of counselor. IN THE HOUSE OF REPRESENTATIVES Schraub then worked 12 years for the the governed (the people of the United States Wholesale Beverage Distribution Company. Tuesday, March 8, 2005 of America and peoples of other member na- Following his retirement from business, Mr. PAUL. Mr. Speaker, I rise today to re- tions) but from the consent of the peoples’ government officials who have no authority Schraub returned to be a school counselor in introduce the American Sovereignty Restora- to bind either the American people nor any the Nixon Independent School District. tion Act. I submitted this bill, which would end other nation’s people to any terms of the As the current Guadalupe County Judge, United States membership in the United Na- Charter of the United Nations. Schraub has aimed to provide a stable, well tions, in the 106th, 107th, and 108th Con- By definition, a treaty is a contract be- balanced fiscal base for the county while in- gresses and if anything, conditions have made tween or among independent and sovereign suring the needs of the taxpayer are met. In its relevance and importance more evident nations, obligatory on the signatories only the Alamo Area Council of Governments, now than ever. The United Nations assault on when made by competent governing authorities in accordance with the powers constitu- Judge Schraub serves on the Housing Fi- the sovereignty of the United States proceeds tionally conferred upon them. I Kent, Com- nance, Planning and Program Development, apace; it shows no signs of slowing. Mr. mentaries on American Law 163 (1826); Bur- and Rural Area Judges Committees. Speaker, since I last introduced this measure, dick, The Law of the American Constitution In his spare time, Judge Schraub likes to the United Nations has been embroiled in section 34 (1922). Even the United Nations hunt, fish, and go camping. Married to his wife scandal after scandal, from the Oil for Food Treaty Collection states that a treaty is (1) Gloria for 16 years, Schraub and his family Scandal to several recent particularly appalling a binding instrument creating legal rights also enjoy attending the local Christ Lutheran sex scandals. and duties; (2) concluded by states or inter- Church. His family has attended the same The United States has wasted more than 30 national organizations with treaty-making power; (3) governed by international law. Christ Lutheran Church for four generations. billion taxpayer dollars on the United Nations By contrast, a charter is a constitution Mr. Speaker, I am honored to have this op- and has received in return only contempt from creating a civil government for a unified na- portunity to recognize Judge Donald L. an organization that scoffs at traditional notion or nations and establishing the author- Schraub, and to thank him for his years of tions of limited government and sovereignty. ity of that government. Although the United

VerDate Aug 04 2004 06:10 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A08MR8.024 E08PT1 E382 CONGRESSIONAL RECORD — Extensions of Remarks March 8, 2005 Nations Treaty Collection defines a ‘‘char- United Nations.’’ But, unlike the Constitu- tion of the United States of America is effec- ter’’ as a ‘‘constituent treaty,’’ leading inter- tion of the United States of America, the tive in all of the states, even though the leg- national political authorities state that— Charter of the United Nations does not call islature of a state or a convention of a state ‘‘[t]he use of the word ‘Charter’ [in reference for ratification by conventions of the elected refused to ratify. Such an amendment proc- to the founding document of the United Na- representatives of the people of the signa- ess is totally foreign to a treaty. See Id., at tions] . . . emphasizes the constitutional na- tory nations. Rather, Article 110 of the Char- 575–84. ture of this instrument.’’ Thus, the preamble ter of the United Nations provides for ratifi- Third, the authority to enter into an to the Charter of the United Nations declares cation ‘‘by the signatory states in accord- agreement made in the name of the people ‘‘that the Peoples of the United Nations have ance with their respective constitutional cannot be politically or legally limited by resolved to combine their efforts to accom- processes.’’ Such a ratification process would any preexisting constitution, treaty, alli- plish certain aims by certain means.’’ The have been politically and legally appropriate ance, or instructions. An agreement made in Charter of the United Nations: A Com- if the charter were a mere treaty. But the the name of a nation, however, may not con- mentary 46 (B. Simma, ed.) (Oxford Univ. Charter of the United Nations is not a trea- tradict the authority granted to the gov- Press, NY: 1995) (Hereinafter U.N. Charter ty; it is a constitution. erning powers and, thus, is so limited. For Commentary). Consistent with this view, First of all, Charter of the United Nations, example, the people ratified the Constitution leading international legal authorities de- executed as an agreement in the name of the of the United States of America notwith- clare that the law of the Charter of the people, legally and politically displaced pre- standing the fact that the constitutional United Nations which governs the authority viously binding agreements upon the signa- proposal had been made in disregard to spe- of the United Nations General Assembly and tory nations. Article 103 provides that ‘‘[i]n cific instructions to amend the Articles of the United Nations Security Council is the event of a conflict between the obliga- Confederation, not to displace them. See ‘‘similar . . . to national constitutional law,’’ tions of the Members of the United Nations Sources of Our Liberties 399–403 (R. Perry proclaiming that ‘‘because of its status as a under the present Charter and their obliga- ed.) (American Bar Foundation: 1972). As constitution for the world community,’’ the tions under any other international agree- George Mason observed at the Constitutional Charter of the United Nations must be con- ment, their obligations under the present Convention in 1787, ‘‘Legislatures have no strued broadly, making way for ‘‘implied Charter shall prevail.’’ Because the 1787 Con- power to ratify’’ a plan changing the form of powers’’ to carry out the United Nations’ stitution of the United States of America government, only ‘‘the people’’ have such ‘‘comprehensive scope of duties, especially would displace the previously adopted Arti- power. 4 The Founders’ Constitution, supra, the maintenance of international peace and cles of Confederation under which the United at 651. security and its orientation towards inter- States was being governed, the drafters rec- As a direct consequence of this original national public welfare.’’ Id. at 27 ognized that only if the elected representa- power of the people to constitute a new gov- The United Nations Treaty Collection con- tives of the people at a constitutional con- ernment, the Congress under the new confirms the appropriateness of this ‘‘constitu- vention ratified the proposed constitution, stitution was authorized to admit new states tional interpretive’’ approach to the Charter could it be lawfully adopted as a constitu- to join the original 13 states without submit- of the United Nations with its statement tion. Otherwise, the Constitution of the ting the admission of each state to the 13 that the charter may be traced ‘‘back to the United States of America would be, legally original states. In like manner, the Charter Magna Carta (the Great Charter) of 1215,’’ a and politically, a treaty which could be al- of the United Nations, forged in the name of national constitutional document. As a con- tered by any state’s legislature as it saw fit. the ‘‘peoples’’ of those nations, established a stitutional document, the Magna Carta not The Founders’ Constitution, supra, at 648–52. new international government with inde- only bound the original signatories, the Second, an agreement made in the name of pendent powers to admit to membership English barons and the king, but all subse- the people creates a perpetual union, subject whichever nations the United Nations gov- quent English rulers, including Parliament, to dissolution only upon proof of breach of erning authorities chose without submitting conferring upon all Englishmen certain covenant by the governing authorities such admissions to each individual member rights that five hundred years later were whereupon the people are entitled to recon- nation for ratification. See Charter of the claimed and exercised by the English people stitute a new government on such terms and United Nations, Article 4, Section 2. No trea- who had colonized America. for such duration as the people see fit. By ty could legitimately confer upon the United A charter, then, is a covenant of the people contrast, an agreement made in the name of Nations General Assembly such powers and and the civil rulers of a nation in perpetuity. nations creates only a contractual obliga- remain within the legal and political defini- Sources of Our Liberties 1–10 (R. Perry, ed.) tion, subject to change when any signatory tion of a treaty. (American Bar Foundation: 1978). As Article nation decides that the obligation is no By invoking the name of the ‘‘peoples of 1 of Magna Carta, puts it: longer advantageous or suitable. Thus, a the United Nations,’’ then, the Charter of the We have granted moreover to all free men treaty may be altered by valid statute en- United Nations envisioned a new constitu- of our kingdom for us and our heirs forever acted by a signatory nation, but a constitution creating a new civil order capable of not all liberties written below, to be had and tion may be altered only by a special amend- only imposing obligations upon the sub- holden by themselves and their heirs from us atory process provided for in that document. scribing nations, but also imposing obliga- and our heirs. Id. at 652. tions directly upon the peoples of those na- In like manner, the Charter of the United Article V of the Constitution of the United tions. In his special contribution to the Nations is considered to be a permanent States of America spells out that amend- United Nations Human Development Report ‘‘constitution for the universal society,’’ and ment process, providing two methods for 2000, United Nations Secretary-General consequently, to be construed in accordance adopting constitutional changes, neither of Annan made this claim crystal clear: with its broad and unchanging ends but in which requires unanimous consent of the Even though we are an organization of such a way as to meet changing times and states of the Union. Had the Constitution of Member States, the rights and ideals the changing relations among the nations and the United States of America been a treaty, United Nations exists to protect are those of peoples of the world. U.N. Charter Com- such unanimous consent would have been re- the peoples. No government has the right to mentary at 28–44. quired. Similarly, the Charter of the United hide behind national sovereignty in order to According to the American political and Nations may be amended without the unani- violate the human rights or fundamental legal tradition and the universal principles mous consent of its member states. Accord- freedoms of its peoples. Human Development of constitution making, a perpetual civil ing to Article 108 of the Charter of the Report 2000 31 (July 2000) [Emphasis added.] covenant or constitution, obligatory on the United Nations, amendments may be pro- While no previous United Nations’ sec- people ‘‘and their rulers throughout the gen- posed by a vote of two-thirds of the United retary general has been so bold, Annan’s erations, must, first, be proposed in the Nations General Assembly and may become proclamation of universal jurisdiction over name of the people and, thereafter, ratified effective upon ratification by a vote of two- ‘‘human rights and fundamental freedoms’’ by the people’s representatives elected and thirds of the members of the United Nations, simply reflects the preamble of the Charter assembled for the sole purpose of passing on including all the permanent members of the of the United Nations which contemplated a the terms of a proposed covenant. See 4 The United Nations Security Council. According future in which the United Nations operates Founders’ Constitution 647–58 (P. Kurland to Article 109 of the Charter of the United in perpetuity ‘‘to save succeeding genera- and R. Lerner, eds.) (Univ. Chicago Press: Nations, a special conference of members of tions from the scourge of ware . . . to reaf- 1985). Thus, the preamble of the Constitution the United Nations may be called ‘‘for the firm faith in fundamental human rights . . . of the United States of America begins with purpose of reviewing the present Charter’’ to establish conditions under which justice ‘‘We the People of the United States’’ and and any changes proposed by the conference . . . can be maintained, and to promote so- Article VII provides for ratification by state may ‘‘take effect when ratified by two-thirds cial progress and between standards of life in conventions composed of representatives of of the Members of the United Nations includ- larger freedom.’’ Such lofty goals and objec- the people elected solely for that purpose. ing all the permanent members of the Secu- tives are comparable to those found in the Sources of Our Liberties 408, 416, 418–21 (R. rity Council.’’ Once an amendment to the preamble to the Constitution of the United Perry, ed.) (ABA Foundation, Chicago: 1978). Charter of the United Nations is adopted States of America: ‘‘to . . . establish Justice, Taking advantage of the universal appeal then that amendment ‘‘shall come into force insure domestic tranquility, provide for the of the American constitutional tradition, the for all Members of the United Nations,’’ even common defense, promote the general wel- preamble of the Charter of the United Na- those nations who did not ratify the amend- fare and secure the Blessings of liberty to tions opens with ‘‘We the peoples of the ment, just as an amendment to the Constitu- ourselves and our posterity . . .’’

VerDate Aug 04 2004 06:16 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A08MR8.028 E08PT1 March 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E383 There is, however, one difference that must It is true that in 2002 Congress transferred consider and pass the Unaccompanied Alien not be overlooked. The Constitution of the the care, custody, and placement of unaccom- Child Protection Act. United States of America is a legitimate panied alien children from the Department of constitution, having been submitted directly f to the people for ratification by their rep- Justice to the Department of Health and Human Services to improve the treatment chil- IN MEMORY OF DR. DONALD resentatives elected and assembled solely for ARTHUR BROOKS the purpose of passing on the terms of that dren receive when encountered at our bor- document. The Charter of the United Na- ders. This is certainly a big step in the right ditions, on the other hand, is an illegitimate rection and I commend the Department of HON. MICHAEL C. BURGESS constitution, having only been submitted to Health and Human Services for taking impor- OF TEXAS the Untied States Senate for ratification as tant steps to improve the care and custody of IN THE HOUSE OF REPRESENTATIVES a treaty. Thus, the Charter of the United Na- these vulnerable children. But these positive Tuesday, March 8, 2005 tions, not being a treaty, cannot be made the actions did not end the plethora of problems supreme law of our land by compliance with Mr. BURGESS. Mr. Speaker, I rise today to Article II, Section 2 of Constitution of the unaccompanied children experience when give tribute to Dr. Donald Arthur Brooks, from United States of America. Therefore, the they come into contact with our immigration the 26th Congressional District of Texas, for Charter of the United Nations is neither po- authorities. his lifelong contributions to his community and Health and Human Services inherited a sys- litically nor legally binding upon the United to his fellow citizens. Dr. Brooks was the first States of America or upon its people. tem that relied upon a variety of detention fa- African-American general surgeon in Ft. Worth cilities to house children and was given little f and the first to be a board-certified surgeon in legislative direction to implement their new re- Texas. Dr. Brooks died on March 4th at the HONORING THE CONTRIBUTIONS sponsibilities. As a result, some children from age of 83. OF COMAL COUNTY COMMIS- repressive regimes or abusive families con- SIONER JAN KENNADY I would like to recognize and celebrate Dr. tinue to fend for themselves in a complex legal Brooks’ life today. Dr. Brooks set high stand- HON. HENRY CUELLAR and sometimes punitive system, without ard by which all American citizens should knowledge of the English language, with no strive. Born into a financially disadvantaged OF TEXAS adult guidance, and with no legal counsel. IN THE HOUSE OF REPRESENTATIVES family, Dr. Brooks proved himself as an ex- Some unaccompanied children are treated in ceptional student graduating near the top of Tuesday, March 8, 2005 a manner that our country usually reserves for his class. After receiving his Bachelor of Mr. CUELLAR. Mr. Speaker, I rise today to criminals, not helpless victims. Science at Prairie View A&M in 1941, he then The Unaccompanied Alien Child Protection recognize Jan Kennady for a lifetime of dedi- served two years in the United States Army. Act would not change the ultimate decision on cated public service. Upon returning from active duty, Dr. Brooks what happens to the quest by children for per- Jan Kennady served on the New Braunfels saved his money and went back to school to manent safe haven in America. It would en- City Council from 1993–1996, and as Mayor of receive his Medical Degree at Howard College sure that while the decision-making process is New Braunfels from 1996–1999. Her energy of Medicine. underway, children are housed in a humane and organizational skill were a tremendous Dr. Brooks returned to Ft. Worth in 1957 to and civil way and that those deciding are ac- boon to New Braunfels, and she was honored become the first African-American to practice curately informed about the facts of each case by the Texas State Legislature with a resolu- general surgery. He and his brother worked and the law. tion expressing the State’s appreciation. side-by-side and quickly became among the Consider the compelling story of Esther, a She has also worked for years as a volun- best-known health care providers for the Afri- nine-year-old victim of abuse, neglect and teer leader and organizer, and has been hon- can-American community. Later, Dr. Brooks abandonment by her parents. She escaped to ored with multiple awards, including 1995 Cit- would be named Chief of Surgery at St. Jo- the U.S. with relatives who later turned her izen of the Year, the Chamber of Commerce seph’s Hospital. He continued to practice and over to immigration authorities at the age of President’s Award, the Women of Distinction was distinguished as a pioneer of his commu- fourteen. Esther was detained for over six Award, and the 10 Outstanding Republican nity. months in a juvenile jail and represented by Women Award. In 1998, Governor Bush ap- When he retired from surgery in 1993, Dr. an unscrupulous attorney who failed to appear pointed her to a three-year term on the Texas Brooks continued to provide medical service to at her immigration hearing, leaving her de- Commission on Volunteer and Community the community by becoming a staff physician fenseless. The immigration judge ordered Es- Service. Her work on education, senior health, at Tarrant County Jail. Dr. Brooks became the and other issues has earned her the thanks of ther to leave the United States. Well after the Homeland Security Act trans- patriarch of medical dynasty which resulted in a grateful community. ferred the care and custody of unaccompanied a family tree of six doctors. Jan Kennady is a model of initiative, com- It was my honor to represent Dr. Brooks. My alien children to Health and Human Services, mitment, and talent. She has made her city, extend sympathies to his family and friends. the Associated Press reported on a ten-year- her State, and her party stronger by her serv- May the example of this ‘‘Southern Gen- old boy from Ghana who ‘‘immigration officials, ice. Today, she continues to serve her fellow tleman’’ be a lesson to us all, that our deeds unsure of where the boy’s parents were or Texans as Comal County Commissioner. I am should represent us well. how he boarded the plane without travel docu- honored to have this opportunity to recognize f Jan Kennady, and to thank her for all she has ments, sent him to a detention center . . . done for those people whose lives she has while they figured out what to do with him. RECOGNIZING THE ACHIEVEMENTS touched. Three years later, he [was] still in custody.’’ OF GUADALUPE COUNTY COM- Another child, Malik Jarno, was detained in Mr. Speaker, I am honored to have had this MISSIONER ROGER BAENZIGER various adult and juvenile detention facilities opportunity to recognize the many achieve- for almost three years. It took several letters ments of Comal County Commissioner Jan HON. HENRY CUELLAR from over 50 members of Congress before Kennady. OF TEXAS Malik was released to a home for refugees as IN THE HOUSE OF REPRESENTATIVES f he continued proceedings to determine his im- THE UNACCOMPANIED ALIEN migration status. Tuesday, March 8, 2005 CHILD PROTECTION ACT OF 2003 It is the time to complete the positive steps Mr. CUELLAR. Mr. Speaker, I rise today to we have already taken to more fully protect recognize the work of Guadalupe County HON. ZOE LOFGREN children who arrive in the U.S. with no parents Commissioner Roger Baenziger. OF CALIFORNIA or guardians to watch over them. The Unac- Roger Baenziger is one of Guadalupe companied Alien Child Protection Act will en- IN THE HOUSE OF REPRESENTATIVES County’s most loyal and accomplished native sure minimum standards for the care and cus- sons. He was born and raised in Seguin, at- Tuesday, March 8, 2005 tody of unaccompanied children and require a tended Seguin High School and received an Ms. ZOE LOFGREN of California. Mr. smooth transfer of minors from the Depart- accounting degree from Texas Lutheran Uni- Speaker, no child should be left to fend for ment of Homeland Security to the Department versity. He returned to the community to join herself in a complex immigration system that of Health and Human Services. It will also en- his father’s business, Model Market, which he even you and I would fear. This is why today sure that children receive adult and legal guid- helped his father run for the last 30 years. I am again introducing the Unaccompanied ance as they navigate through our complex As a lifelong small businessman, Roger is Alien Child Protection Act. immigration system. I urge this body to swiftly uniquely aware of the importance of small

VerDate Aug 04 2004 06:10 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MR8.031 E08PT1 E384 CONGRESSIONAL RECORD — Extensions of Remarks March 8, 2005 business to the health of his community. He The passage comes from 16th chapter of the 2006 budget will send more people search- works to promote enterprise and innovation as the Gospel according to Luke, and it con- ing for food in cupboards that, quite fre- a member of the Chamber of Commerce and tains a warning that should deeply trouble quently, are bare. those of us who live in a wealthy nation. As Our churches will continue their ameliora- the Farm Bureau, and continues to operate his the story continues, the rich man implores tive ministries. But it is not enough for us as own small ranch. Abraham to raise Lazarus from the dead and a Church or a society to be merciful. We Roger is committed to using his position as send him to the house of his brothers so that must remember the admonition of the proph- Guadalupe County Commissioner to promote they may be spared his torment. et Micah. ‘‘And what does the Lord require orderly growth and fiscal responsibility. As a ‘‘They have Moses and the prophets,’’ of you but to do justice, and to love mercy public servant and a volunteer, he has given Abraham replies. ‘‘They should listen to and to walk humbly with your God?’’ an enormous amount back to the community them.’’ The rich man says, ‘‘No, father Abra- Micah’s choice of verbs is instructive. We are in which he was born and raised. I am proud ham; but if someone goes to them from the not to love justice or preach justice, we are dead, they will repent.’’ And Abraham an- to have this opportunity to honor his service, to do justice—to act, and, when necessary, to swers, ‘‘If they do not listen to Moses and struggle. and to thank him for all he has done for the the prophets, neither will they be convinced We urge the members of our churches, of people of Guadalupe County. even if someone rises from the dead.’’ other churches and other faiths, and all Mr. Speaker, I am honored to have had this In telling this story, Jesus makes clear whose conscience compels them to do justice opportunity to recognize the many achieve- that perpetrating economic injustice is to join us in opposing this budget. Write to ments of Guadalupe County Commissioner among the gravest of sins. Yet self-interest your representatives. Write to your local Roger Baenziger. is so deeply ingrained in each one of us, he newspaper. Join the organizations working says, that we will not renounce it, even to obtain justice for the 36 million Ameri- f should someone rise from the dead. Jesus cans living below the poverty line, the 45 JOINT STATEMENT BY LEADERS was right about that. It was he who rose million without health insurance and the un- OF PROTESTANT DENOMINATIONS from the dead to save us from greed and known millions struggling to keep their fam- myriad other sins. Yet those who have much ilies from slipping into these ever increasing continue feasting, even as those who have ranks. Together, let us pledge ourselves to HON. ROSA L. DeLAURO little remain at their gates. creating a nation in which economic policies OF CONNECTICUT Like many Americans, we read our daily are infused with the spirit of the man who IN THE HOUSE OF REPRESENTATIVES newspaper through the lens of faith, and began his public ministry almost 2,000 years Tuesday, March 8, 2005 when we see injustice, it is our duty to say ago by proclaiming that God had anointed so. The 2006 Federal Budget that President him ‘‘to bring good news to the poor.’’ Ms. DELAURO. Mr. Speaker, Budgets are Bush has sent to Capitol Hill is unjust. It has Signed by: moral documents, which reflect the values and much for the rich man and little for Lazarus. The Most Reverend FRANK priorities of our nation. Drawing from my own According to the White House’s own num- T. GRISWOLD, faith, the Catholic Bishops have stated, ‘‘The bers, this budget would move 300,000 people Presiding Bishop and obligation to provide justice for all means that off food stamps in the next five years. It Primate of the Epis- would cut the funds that allow 300,000 chil- the poor have the single most urgent eco- copal Church, USA. dren to receive day care. It would reduce The Right Reverend MARK nomic claim on the conscience of the nation.’’ funding for Medicaid by $45 billion over the HANSON, The more I hear this Administration’s justifica- next ten years, and this at a time when 45 Presiding Bishop of tion for the harsh decisions within their budget, million Americans—the highest level on the Evangelical Lu- the more I believe that there is no justification. record—are already without health insur- theran Church in This budget simply reflects the wrong values ance. America. and priorities. That is why I would like to enter These cuts would be alarming in any cir- The Reverend Dr. CLIFTON cumstances, but in the context of the 2006 for today’s RECORD a joint statement by the KIRKPATRICK, budget, they are especially troubling. For leaders of five mainline Protestant denomina- Stated Clerk of the even as it reduces aid to those in poverty, General Assembly, tions representing over 20 million followers in this budget showers presents on the rich. If Presbyterian the United States. These religious leaders passed in its current form, it would make Church, (U.S.A.). today called President Bush’s 2006 federal permanent tax cuts that have bestowed near- The Reverend JOHN H. budget ‘‘unjust.’’ ly three quarters of the ‘‘relief’’ on one-fifth THOMAS, The statement is signed by: the Most Rev- of the country. If passed in its current form, General Minister and erend Frank Griswold, Presiding Bishop of the it would include whopping new cuts that President, United Episcopal Church USA, the Right Reverend would benefit, almost exclusively, those with Church of Christ. household incomes of more than $200,000 per Mr. JAMES WINKLER, Mark Hanson, Presiding Bishop of the Evan- year. If passed in its current form, it would gelical Lutheran Church of America, the Rev- General Secretary, take Jesus’ teaching on economic justice and General Board of erend Dr. Clifton Kirkpatrick, Stated Clerk of stands it on its head. Church and Society, the General Assembly, Presbyterian Church Some contend that these cuts will stimu- United Methodist (USA), United Church of Christ General Min- late the economy and improve life for all Church. Americans, but we believe that stocking the ister and President John H. Thomas, and f James Winkler, General Secretary of the Gen- rich man’s larder is a peculiar strategy for eral Board of Church and Society of the getting Lazarus more food. Not only does JOB TRAINING IMPROVEMENT ACT this policy rest on dubious economic assump- OF 2005 United Methodist Church. tions, but it asks the poor to pay the cost for JOINT STATEMENT a prosperity in which they may never share. SPEECH OF WASHINGTON, DC, Mar. 8, 2005.—We are Some contend that works of mercy are not preachers, and so, in explaining our opposi- the business of the government but of pri- HON. BETTY McCOLLUM tion to the 2006 Federal Budget that Presi- vate citizens. But in what other area of our OF MINNESOTA dent Bush has sent to Congress, it seems national life do we formulate policies unin- IN THE HOUSE OF REPRESENTATIVES only fitting that we should begin with Scrip- formed by our deepest values? ture. Some contend that with the proper support Wednesday, March 2, 2005 There was a rich man who was dressed in faith-based charities will step forward to fill The House in Committee of the Whole purple and fine linen and who feasted sump- the gap created by the government’s retreat. House on the State of the Union had under tuously every day. And at his gate lay a poor But this flies in the face of the lessons that consideration the bill (H.R. 27) to enhance man named Lazarus, covered with sores, who we, as religious leaders, have learned first the workforce investment system of the Na- longed to satify his hunger with what fell hand. Our churches operate thousands of tion by strengthening one-stop career cen- from the rich man’s table; even the dogs charities from the parochial to the inter- ters, providing for more effective governance would come and lick his sores. The poor man national. Believe us when we tell you that arrangements, promoting access to a more died and was carried away by the angels to neither we, nor our Evangelical brothers and comprehensive array of employment, train- be with Abraham. The rich man also died sisters, nor our friends of other faiths have ing, and related services, establishing a tar- and was buried. In Hades, where he was being anywhere near the resources to turn back geted approach to serving youth, and im- tormented, he looked up and saw Abraham the rising tide of poverty in this country. We proving performance accountability, and for far away with Lazarus by his side. He called know that programs, whether governmental other purposes: out, ‘‘Father Abraham, have mercy on me, or non-profit, can change people’s lives for and send Lazarus to dip the tip of his finger the better. New situations challenge us to re- Ms. MCCOLLUM of Minnesota. Mr. Chair- in water and cool my tongue; for I am in spond to new conditions and to support those man, I rise in opposition to H.R. 27, the so- agony in these flames’’ who are in transition out of poverty. Sadly, called Job Training Improvement Act of 2005.

VerDate Aug 04 2004 06:10 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MR8.036 E08PT1 March 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E385 Millions of Americans are unemployed today sioner Jack Dawson. Commissioner Dawson Wolverton for the important contributions he and finding it harder to get a job. According to is a life-long resident of Texas and a pillar of has made to his community. the Minnesota Department of Employment and the Comal County community. Jim Wolverton is the son of a military family, Economic Development, job seekers in Min- From his first career as a computer pro- and was born in Frankfurt, Germany. He nesota still out-number unfilled jobs by two-to- grammer for Shell Oil to his current seat as a moved to Texas at the age of two, and at- one. Comal County Commissioner, Jack Dawson tended Samuel Clemens High School and San Unfortunately, H.R. 27 does nothing to put has served his community with distinction. Antonio Junior College. people back to work. It doesn’t shorten the Jack Dawson opened what is now Dawson For nine years, Jim owned an electrical con- lists of people waiting to use the resources at Realty with his wife Bonnie, and he has also tracting business, and learned important les- my one stops. It won’t meet the needs of the founded the local subdivisions first home- sons about leadership and organization. He approximately 8,000 Minnesota youth who owners association. has now put those lessons to work for the citi- can’t get WIA job-related services every year. Commissioner Dawson has spent his life in zens of Guadalupe County, to great effect. Instead, this bill unravels the very programs the service of the public. As the Board Presi- Under his supervision, Guadalupe County that ensure these workers have the skills and dent of Canyon Lake Volunteer Fire Depart- has passed legislation which greatly increased training they need to find high paying, long- ment, he helped to form new fire and emer- the amount of money available for health care term jobs. gency services districts for the community. He for the indigent. He increased county services H.R. 27 eliminates targeted programs de- has consistently worked to improve the local such as Fire, MES, and Libraries, and super- signed to help both dislocated workers and communities of Comal County and the State vised the construction of a new, fourteen mil- unemployed adults find a job. It block grants of Texas. lion dollar jail facility. He has worked with the dedicated assistance forcing low-income work- Commissioner Jack Dawson has lived with municipalities in his district to establish quality, ers and welfare recipients to compete with dis- his wife Bonnie Dawson in Comal County long-term business growth, and has worked located workers for the same limited federal since 1976. with organizations outside the county govern- resources. He is a man that understands community ment to ensure an adequate water supply for This bill eliminates dedicated funding for job needs and the value of hard work. the residents of Guadalupe County. Jim search services, like Minnesota’s Job Bank, Mr. Speaker, it is a pleasure to recognize Wolverton is an intelligent and committed pub- which assists thousands of Minnesotans. This the accomplishments of Comal County Com- lic servant, and the citizens of Guadalupe funding supports a rapid response system that missioner Jack Dawson. County are better off as a result of his work. meets the immediate needs of workers af- f Mr. Speaker, I am proud to have had this fected by mass layoffs. These changes threat- opportunity to honor the contributions of Gua- en to break apart Minnesota’s statewide work- RECOGNIZING CORPORAL BARRON dalupe County Commissioner Jim Wolverton. force development system at the very time SMITH AND HIS ENDLESS COM- f when these services are needed most to help MUNITY SERVICE unemployed workers find jobs. YEAR TWO OF CASTRO’S BRUTAL In addition, H.R. 27 does nothing to ensure HON. MICHAEL C. BURGESS CRACKDOWN IN CUBA that these limited funds are used for training. OF TEXAS It allows governors to take money away from HON. CHRISTOPHER H. SMITH IN THE HOUSE OF REPRESENTATIVES adult education and veterans’ job programs OF NEW JERSEY and use it to cover bureaucratic costs. Sadly, Tuesday, March 8, 2005 IN THE HOUSE OF REPRESENTATIVES it also restricts youth funding to out-of-school Mr. BURGESS. Mr. Speaker, I rise today to Tuesday, March 8, 2005 youth. This will devastate the Building Lives commend Corporal Barron Smith of the Flower Mr. SMITH of New Jersey. Mr. Speaker, I Program, which Ramsey County uses to pro- Mound Police Department, located in the 26th rise in support of democratic reformers in vide job training services to troubled teens Congressional District of Texas, for his her- Cuba, on the second anniversary of Castro’s during school hours. oism in saving another man’s life. brutal crackdown of pro-democracy advocates. Most concerning, however, is that this bill Corporal Smith, without regard to his own Two years ago, with the world’s attention repeals basic civil rights protections for em- life, quickly leapt into a local lake after seeing riveted on Iraq, Fidel Castro ordered his ployees of job training programs by allowing a man beginning to drown. In the summer of feared State Security apparatus to round up at organizations that receive Federal job-training 2004, Corporal Smith and his wife were camp- least 75 of Cuba’s bravest and brightest, funds to discriminate on the basis of religion. ing at Grapevine Lake when they noticed a prominent and lesser-known dissidents. I speak as a person who was brought up by group of people having difficulty swimming in Among these are 28 independent journalists a Lutheran mother and a Catholic father. I re- the lake. As two men began to go under, Cor- and 40 Varela project workers. With sickening member when my mother went to church to poral Smith decided to jump in with a life vest speed, these men and women were paraded see her little girl receive her first communion in an attempt to rescue the individuals. One before kangaroo courts and given prison sen- and wasn’t made to feel welcome. I don’t want man was able to swim to a buoy just as Cor- tences ranging from 6 to 28 years. 61 remain to go back to those days. I don’t want the chil- poral Smith reached the second man and in jail. dren I represent to know how it feels to be helped him to shore. When the Committee on International Rela- kept from fulfilling their dreams or meet their Corporal Smith’s act of bravery represents tions met April 16, 2003 to decry this vile ab- potential because someone doesn’t like the the best of ‘‘Texas’ Finest.’’ Officers like Cor- rogation of justice, I stated at that time: ‘‘Even church, mosque or synagogue you attend. poral Smith are exemplary and are ideal citi- some of the most outspoken leftists, who once Yet, this bill leads our country in that direction. zens. His continuing service to his community, saw in Fidel Castro something to admire, now Mr. Chairman, I strongly believe that we on-and-off duty, makes our community safer. admit that Castro’s unbridled cruelty, thirst for must strengthen our workforce investment sys- I am proud of the Flower Mound Police De- blood and extreme paranoia are indefensible.’’ tem to help Minnesotans get back to work. partment and especially our attentive citizens, I regret to report that Castro has given me H.R. 27, however, fails to meet that goal and like Corporal Smith, who commit their lives no cause to reassess that statement. at the same time encourages rolling back civil and time to protect and serve our community What were the so-called crimes of these rights protections. I urge my colleagues to re- at any time, anywhere. brave men and women? Advocating democ- ject this bill today. f racy . . . writing as independent journalists f . . . being men and women of faith . . . HONORING THE CONTRIBUTIONS RECOGNIZING THE ACHIEVEMENTS Their real offense was to dare to question OF GUADALUPE COUNTY COM- OF COMAL COUNTY COMMIS- the authority of a single man, Mr. Castro. The MISSIONER JIM WOLVERTON SIONER JACK DAWSON Cuban Revolution is really about Castro’s vanity and pursuit of personal power. From the HON. HENRY CUELLAR HON. HENRY CUELLAR beginning, Castro has shot and jailed anyone—even his close friends—who has dared OF TEXAS OF TEXAS get in the way of his personal ambition. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Dictatorships, reflecting the whims of a des- Tuesday, March 8, 2005 Tuesday, March 8, 2005 pot, always subject their people to depriva- Mr. CUELLAR. Mr. Speaker, I rise today to Mr. CUELLAR. Mr. Speaker, I rise to recog- tions and absurdities. The Castro regime re- recognize the accomplishments of Commis- nize Guadalupe County Commissioner Jim cently let a handful of its political prisoners out

VerDate Aug 04 2004 06:10 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MR8.040 E08PT1 E386 CONGRESSIONAL RECORD — Extensions of Remarks March 8, 2005 on ‘‘parole,’’ citing health reasons. The re- year, at the initiative of the Spanish govern- RECOGNIZING THE CONTRIBU- gime’s callousness towards ailing political pris- ment, the EU temporarily suspended these TIONS OF COMAL COUNTY COM- oners is well documented. measures for a six-month period. MISSIONER GREGORY PARKER Now, independent Cuban journalists are re- Let me mention a few of the ones who were porting that Cuba’s prisons have been virtually summarily sentenced and remain in prison. HON. HENRY CUELLAR Omar Rodriguez Saludes, an independent emptied of medical personnel. Why? Mr. Cas- OF TEXAS journalist known to ride his bicycle to news tro decided to send them to Venezuela and IN THE HOUSE OF REPRESENTATIVES other places to advance his personal expan- conferences: 27 years. Hector Palacios, one of sionist agenda. the key figures promoting the Varela Tuesday, March 8, 2005 Project: 25 years. Oscar Espinosa Chepe, who Writing in the Spanish newspaper, El Pais, wrote critical articles about the Cuban econ- Mr. CUELLAR. Mr. Speaker, I rise today to Nobel prize winner Jose Sarampo, a Por- omy for the Internet: 25 years. The President recognize the accomplishments of Commis- tuguese communist and close friend of Castro of the Independent United Confederation of sioner Gregory Parker. Commissioner Parker commented, ‘‘Cuba has won no heroic victory Cuban Workers (CUTC), Pedro Pablo Alvarez, is not only the youngest Commissioner to win by executing these three men, but it has lost 25 years. Journalist Raul Rivero and Ricardo a seat in Comal County, he is also the first Af- my confidence, damaged my hopes and Gonzalez Afonso, an editor at ‘‘De Cuba’’ rican American elected to this office. robbed me of illusions.’’ magazine, each got 20 years. The list goes on Commissioner Parker is a military veteran Without anything that resembles due proc- and on. who has served his country through hard work ess, three alleged ferry hijackers were killed It was a true honor to hear from Econo- and commitment to his values. by firing squad in Cuba, while others got long mist Morta Beatriz Rogue today, who was Like many of us, Commissioner Parker had jail terms. sentenced to 20 years in prison and released to work his way to the top. He spent 13 years Illusions, as Castro lover Jose Sarampo has for health reasons in 2004. We salute her working in the technology sector, eventually only now begun to acknowledge, often persist courage to continue the fight on behalf of earning the title of Director of Software Devel- despite overwhelming evidence to the con- those who are still in prison today. opment at Austin Data Systems. trary. For its part, the Bush Administration has Commissioner Parker founded Gregory Nowhere has this been more evident than in made its deep and abiding concern for the po- Parker Consulting in 1999, where he serves the case of Castro’s Cuba. litical prisoners and the protection of ele- as Senior Partner and Senior Policy Analyst. It Despite decades of credible reports of wide- mental human rights in Cuba abundantly was here that Commissioner Parker distin- spread egregious violations of human rights, clear. At the time of the crackdown, former guished himself with his commitment to the including the pervasive use of torture and vi- Secretary of State Colin Powell declared: issues important to Comal County and to the cious beatings of political prisoners by the ‘‘In recent days the Cuban government has State of Texas. He is a man who believes that Cuban government, some have clung to inde- undertaken the most significant act of polit- through dedicated community research, and fensibly foolish illusions of Castro’s revolution. ical repression in decades. We call on Castro traditional American values, we can provide Despite the fact that the Cuban government to end this despicable repression and free the quality of policy that our citizens deserve. systematically denies its people the freedoms these prisoners of conscience. The United Commissioner Gregory Parker, who resides of speech, press, assembly, and association, States and the international community will in New Braunfels, is also the hard working sin- and severely restricts workers’ rights, including be unrelenting in our insistence that Cubans gle father of Jean Luc Parker. the right to form independent trade unions, who seek peaceful change be permitted to do Mr. Speaker, I am pleased to have this op- so.’’ some have, nevertheless, clung to illusion. portunity to honor the past and future accom- Despite the fact that Castro maintains an In like manner, the Congress has consist- plishments of Commissioner Gregory Parker. unimaginably vast network of surveillance by ently demanded the immediate release of all f the thugs in his secret police and Committees the prisoners and support of the right of the for the Defense of the Revolution (CDRs)— UNITED NATIONS ORGANIZATION Cuban people to exercise fundamental political MISSION IN THE DEMOCRATIC neighbors spying on neighbors—some con- and civil liberties. H. Res. 179, a resolution of- tinue to embrace bogus perceptions—illusions REPUBLIC OF CONGO: A CASE fered by Congresswoman ROS-LEHTINEN in FOR PEACEKEEPING REFORM about Cuba. April 2003, passed by a vote of 414–0, 11 In his book, ‘‘Against All Hope, a Memoir of present. In April of 2001, I sponsored a resolu- Life in Castro’s Gulags’’ Armando Valladares, tion, H. Res. 91, calling on the UN Human HON. CHRISTOPHER H. SMITH a courageous and amazing man who spent 22 Rights Commission in Geneva to condemn OF NEW JERSEY years in Cuban prisons wrote: Cuba’s human rights abuse and appoint a IN THE HOUSE OF REPRESENTATIVES ‘‘The government of Cuba and defenders of Special Rapporteur for Cuba. While it passed, Tuesday, March 8, 2005 the Cuban Revolution denied that incidents that I recount (in the book) ever happened. there were a disturbing number of negative Mr. SMITH of New Jersey. Mr. Speaker, I Castro sympathizers, who were more subtle, votes. That vote was 347–44 with 22 voting rise to address the recent U.N. Peacekeeping said the incidents I described were exaggera- present. We have another opportunity today to scandal in the Democratic Republic of Congo. tions. And there were others, well meaning, move forward a resolution offered by my Col- We know that there have been disturbing al- who simply could not bring themselves to be- league, Mr. MENENDEZ, to show that these legations of sexual misconduct and exploi- lieve that such horrors, crimes and torture prisoners are not forgotten. tation of refugees by U.N. peacekeepers and existed in the political prisons of Cuba.’’ ‘‘My response to those who still try to jus- Fidel Castro, his brother Raul, and numer- civilian personnel assigned to the U.N. peace- tify Castro’s tyranny with the excuse that he ous leaders of Cuba’s dictatorship, are di- keeping mission in the Democratic Republic of has built schools and hospitals is this: Sta- rectly responsible for crimes against human- Congo. Human rights groups and the U.N.’s lin, Hitler and Pinochet also built schools ity past—and present. Someday these oppres- own internal investigations have uncovered and hospitals, and like Castro, they also tor- sors will be held to account and the people of over 150 allegations against Mission per- tured and assassinated opponents. They built Cuba will live in freedom. sonnel. These allegations typically involve concentration and extermination camps and Note on the Varela Project: Named after a peacekeepers’ sexual contact with Congolese eradicated all liberties, committing the women and girls, usually in exchange for food worst crimes against humanity.’’ 19th century anti-slavery, pro-independence ‘‘Unbelievably, while many non-govern- priest, Felix Varela, the Varela Project was or small sums of money. According to the mental organizations like Amnesty Inter- a petition to the National Assembly seeking U.N., these contacts occurred with regularity, national and America’s Watch have de- a nationwide referendum calling for basic and many involved girls under the age of 18, nounced the human rights situation in Cuba, human rights, an amnesty for political pris- with some as young as 11–14. Even more there has been a continuing love affair on oners, private enterprise and election law re- troubling are allegations of rape, forced pros- the part of the media and many intellectuals form to facilitate free and fair elections. On titution, and demands of sex for jobs by U.N. with Fidel Castro.’’ May 10th of 2002, more than 11,000 signatures civilian personnel. were initially submitted—easily exceeding That love affair—that illusion—seemed to Some in our audience might be thinking that crash and burn with the onset of the current the constitutionally prescribed 10,000. Cas- crackdown on dissidents. The EU took action tro, however, responded by orchestrating his apart from the more serious allegations of in June 2003 by limiting high-level EU gov- own petition drive that said Cuba’s socialist rape and other sexual abuse, prostitution is ernmental visits and inviting Cuban dis- system could not be changed, leading the the world’s oldest profession and that it is un- sidents to national day celebrations. But rubber stamp National Assembly to declare realistic to ask soldiers away from their fami- their memories are short. In January of this Cuba’s socialist system ‘‘irrevocable’’. lies to abstain from sex. This attitude of ‘‘boys

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In fact, the and is characterized by internal U.N. reports member of the Alamo Area Council of Govern- U.N. reported that it encountered significant as ‘‘significant, widespread and on-going’’ ap- ments, represents Comal County on the Texas and widespread resistance to its investigation, pears to indicate there is rather a state of Association of Regional Councils Service and that numerous U.N. personnel were un- ‘‘zero-compliance with zero-tolerance’’ Board and Employee Health Benefits Board, willing to identify perpetrators. throughout the mission. and he is Co-Chairman of the Central Texas The reality, however, is that this state of af- In the words of Dr. Sarah Mendelson, Sen- County Judges’ Mobility Alliance. fairs is not just a private matter involving only ior Fellow at the Center for Strategic and Inter- He has been responsible for major improve- the personal moral choices of the peace- national Studies, who testified in a joint issue ments in Comal County’s emergency manage- keepers. Hundreds of vulnerable women and forum before the House Armed Services Com- ment program. In response to the flood of children are being re-victimized; the reputation mittee and the Helsinki Committee last fall, 1998, he hired an Emergency Management of the United Nations is being badly damaged; ‘‘Military misconduct is a threat to any mission. Coordinator and established emergency pro- and lack of internal discipline is compromising When that misconduct involves human rights cedures that helped the county cope with the security and effectiveness of the peace- abuses, it affects the credibility and reputation flood of 2002. keeping operations. From any perspective, this of peacekeepers and can enrage local popu- Danny Scheel has been recognized as New situation is deplorable. lations. When those implicated are also re- Braunfels Citizen of the Year, A Friend of the Let me expand on a few of these points. sponsible for force protection, they can com- 4–H, and was selected to interview with the First, United Nations forces conducting oper- promise their main military mission. . . . Today Show during the 2002 floods. ations under United Nations command and Those peacekeepers who serve with honor Mr. Speaker, he has set a wonderful exam- control are tasked with upholding international are being tainted by the minority who purple of commitment to public service, and I am humanitarian law and have a particular duty to chase sex with these women and girls and by proud to have this opportunity to thank him. protect women and children from sexual as- the even smaller minority who actively engage f sault or exploitation. Peacekeepers have a rein the grave human rights abuse of traf- sponsibility to protect the most vulnerable ficking.’’ IN MEMORY OF MR. LEWIS members of Congolese society. When the The U.N. has struggled with similar allega- FENTON peacekeepers become the exploiters, some- tions regarding peacekeeper misconduct and thing is dreadfully wrong. sexual exploitation in the past ten years in Si- HON. SAM FARR Second, the civilian population is especially erra Leone, Liberia, and Guinea, as well as on OF CALIFORNIA vulnerable. There are frequent outbreaks of the European continent in Kosovo and Bosnia. IN THE HOUSE OF REPRESENTATIVES armed violence in the eastern half of the Some of the underlying issues are complex, Tuesday, March 8, 2005 Congo, especially in the provinces of North such as how to ensure perpetrators are held Kivu, South Kivu and Ituri, as the country accountable when no effective U.N. mecha- Mr. FARR. Mr. Speaker, I rise today to emerges from its second war in the last ten nism exists, and Member states are unwilling honor Lewis Lowry Fenton, who passed away years. The civilian population in these areas to prosecute. Yet other simple fixes also exist, February 10, 2005 at the age of 79. Lewis’s has experienced systematic acts of rape, tor- such as the creation of an offender database, life long dedication to education and commu- ture, murder, and other abuse. Many of the holding commanders accountable for the con- nity service will forever remind us of the im- Congolese women and girls in the camps duct of their troops, and banning nations from portance of kindness, dedication and out- which the peacekeepers are protecting have peacekeeping missions which refuse to take standing civic leadership. been orphaned and/or are victims of rape disciplinary action. The seeming reluctance of Born in Palo Alto, California, Lewis com- which occurred during the conflicts. Investiga- the U.N. to act on some of these seemingly pleted his undergraduate and law degree from tors found that they have experienced signifi- obvious solutions raises questions about the Stanford University. After serving in the Army cant trauma which continues to affect them willingness of leadership to undertake reform, Air Corps, he partnered with his mentor, J. today. and raises questions about the ability of the Hampton Hoge, and established the Hoge and Poverty and hunger are also significant fac- U.N. to police itself. Fenton Law Firm in Monterey, California. After tors contributing to the abuse. Children driven Furthermore, the United States Congress the firm expanded, Lewis remained counsel to by hunger approach the peacekeepers seek- has a fiduciary obligation to do so. The United two firms, Fenton & Keller in Monterey and ing food or the smallest sums of money. Many States is the world’s largest donor to the Hoge, Fenton, Jones and Appel in San Jose. families are cut off from their farmlands be- peacekeeping mission in the Congo, contrib- Lewis’s keen interest in professional and cause of fear of attacks from militia, and few uting over $200 million annually, and contrib- community activities are extensive and reveal alternate employment options exist. According utes almost over a quarter of the entire peace- a lifetime of dedication to his career and the to the U.N.’s own investigation, food supplies keeping budget of the United Nations. The Ad- improvement of a long list of community orga- in some camps are reportedly inadequate. ministration has asked the Congress for an nizations. In 1963 he was the president of the Third, the continued toleration of sexual ex- additional $780 million for peacekeeping oper- Monterey County Bar Association and one of ploitation and abuse by U.N. leaders is se- ations in the supplemental budget request. the top civil litigators on the Central Coast. verely damaging the reputation and the effec- We hope that continual Congressional ef- Amongst his many awards he was listed in tiveness of the organization. All troop-contrib- forts will spur needed change, not only in the both Who’s Who in America and the ‘‘Best uting nations recognize the Code of Personal Congo, but in the standard operating practices Lawyers in America’’. Throughout his life, Conduct for Blue Helmets as binding. This of U.N. peacekeeping around the world. Lewis showed enduring commitment to teach- Code explicitly bans any exchange of money, f ing law. He was a faculty member at the Hastings College of Law and the Stanford Law employment, goods or services for sex, and HONORING THE CONTRIBUTIONS School. renders the perpetrators liable to disciplinary OF COMAL COUNTY JUDGE Lewis’s civic duties also made a significant action for serious misconduct. In fact, the U.N. DANNY SCHEEL has promulgated at least five U.N. codes of impact on the Monterey community. In the conduct prohibiting sexual activity with children Community Foundation of Monterey County, (persons under 18 years of age) in the Congo, HON. HENRY CUELLAR he was the President of the Board of Gov- and yet the practice continues unabated. OF TEXAS ernors. A board member of many organiza- This activity is prohibited under rule four of IN THE HOUSE OF REPRESENTATIVES tions, Lewis made a pioneering contribution to the Code of Conduct for Blue Helmets, the Tuesday, March 8, 2005 the Community Hospital of the Monterey Pe- MONUC code of conduct, the Secretary-Gen- Mr. CUELLAR. Mr. Speaker, I rise to recog- ninsula. He was also a founding board mem- eral’s bulletin on special measures for protec- nize the dedicated public service of Comal ber of the Monterey Bay Aquarium and a tion from sexual exploitation and sexual abuse County Judge Danny Scheel. founding board member of the Board of Trust- of 2003 (ST/SGB/2003/13), section seven of Judge Danny Scheel is an essential part of ees for the York School, where he devoted 50 the Secretary-General’s bulletin on observ- Comal County. He is a fifth-generation resi- years of extensive involvement. ance by United Nations forces of international dent of the county, and has spent a distin- Mr. Speaker, I wish to remember Lewis for humanitarian law of 1999 (ST/SGB/1999/13), guished career in the public sector, holding his honorable career and his contribution to and new ‘‘non-fraternisation’’ regulations pro- the positions of Comal County Constable and our society. Lewis consistently went above mulgated by U.N. Secretary General Kofi Comal County Commissioner. and beyond the roles bestowed upon him, and Annan in a letter to the U.N. Security Council He has also been active as an advocate for has left a legacy of leadership and inspiration. on February 9th. That the abuse continues his community on the State level. He is a Our thoughts go out to his family. While he will

VerDate Aug 04 2004 06:10 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MR8.048 E08PT1 E388 CONGRESSIONAL RECORD — Extensions of Remarks March 8, 2005 be sorely missed, his life will continue to in- HONORING THE CONTRIBUTIONS eration of programs using a network of public spire those he touched. OF GUADALUPE COUNTY COM- and private community entities to provide MISSIONER CESAREO mentoring for children in foster care. f GUADARRAMA Specifically The Foster Care Mentoring Act of 2005, does the following: OPPOSITION TO CLASS ACTION HON. HENRY CUELLAR Provides $15 million in grants to States to FAIRNESS BILL OF TEXAS develop or expand statewide academic mentoring programs for children in foster care. IN THE HOUSE OF REPRESENTATIVES Authorizes States to use this funding to help SPEECH OF Tuesday, March 8, 2005 recruit, support and train volunteers to serve HON. BETTY McCOLLUM Mr. CUELLAR. Mr. Speaker, I rise to recog- as a foster youth’s academic and personal ad- nize Guadalupe County Commissioner visers. OF MINNESOTA Cesareo Guadarrama for his outstanding serv- Authorizes $4 million to fund a national co- IN THE HOUSE OF REPRESENTATIVES ice to his community. ordination and media campaign aimed at rais- Commissioner Guadarrama is a native of ing public awareness of the need to get in- Thursday, February 17, 2005 Seguin, Texas. He is the owner of G3 Plumb- volved in the life of a child waiting for foster ing, and his experience in small business has care placement. Ms. MCCOLLUM. Mr. Speaker, I rise in op- given him the skill in leadership and organiza- Engages college and graduate students by position to the so-called class action fairness tion that he uses on behalf of his district making them eligible to have their student bill. This legislation will close the courthouse today. loans discharged up to $2,000 for every 200 doors to thousands seeking justice. Guadalupe County Commissioner Cesareo hours they serve as mentors to children living The bill we are considering today pushes al- Guadarrama has a long history of civic volun- in foster care. A total of $20,000 in student most all class actions into the federal courts teer activity. He has worked especially hard to loans incurred by participating college or grad- and away from state jurisdiction. It is no secret help the youth and children of Seguin. He has uate students would qualify for forgiveness. that federal courts are generally less willing to been a part of many volunteer organizations, My legislation is a good first step in ap- consider complex civil litigation than state including Seguin Youth Services, the Guada- proaching how we can better transition chil- courts. They face incredible backlogs with lupe County Juvenile Citizens Advisory Coun- dren into loving, supportive homes. But we hundreds of criminal drug cases and immigra- cil, and the Seguin Noon Lions Club. He must do more. tion cases. Federalizing class actions causes served as Director of the Seguin Toys for Tots As I stated earlier, there are over 523,000 delays in getting relief for injured consumers. program, and was a member of the Seguin children in foster care. One in three of these Independent School District Board of Trustees children has been in care for over 5 years. Of Instead of fixing the current system, this leg- when it was recognized as the Outstanding the 25,000 children who leave the foster care islation is only making it more difficult and School Board in the state of Texas, in 1990. system each year, they do so without ever time-consuming for Americans with legitimate Cesareo Guadarrama’s work has helped to having the promise of a permanent family ful- complaints to have their day in court. Class create a brighter future for the youth of filled. actions are a critical way for people, particu- Seguin, and for all of the citizens of Guada- This is shameful! We must do better. Chil- larly those without the resources to battle lupe County. I applaud him for his spirit of dren in this country need to have a stable large corporations, to seek redress from com- service, and thank him for all he has done for adult they can rely on and turn to for support panies for fraudulent behavior, defective prod- his fellow Texans. while growing up. Mentoring is an excellent ucts and employment discrimination. A strong Mr. Speaker, I am proud to have had this way to meet some of these children most class-action system is particularly important opportunity to recognize the achievements of basic needs. given the emergence of evidence proving cor- Guadalupe County Commissioner Cesareo The life experiences of children in foster porate wrongdoing in recent years. This bill Guadarrama. care put them in a precarious and vulnerable will give banks, credit card companies, insur- f situation. Children in foster care are more sus- ers, HMOs, drug manufacturers and other big ceptible to; drug addiction, depression, delin- businesses a green light to defraud and de- FOSTER CARE MENTORING ACT OF quency, and pregnancy. ceive consumers without fear of being held ac- 2005 What’s more, the constant turnover in place- countable. Most troubling, this bill deprives ments for children in foster care makes it dif- Americans of an important forum—in many HON. JUANITA MILLENDER-McDONALD ficult for these young people to succeed in cases their only forum—for remedying genuine OF CALIFORNIA school. wrongs. IN THE HOUSE OF REPRESENTATIVES Mentoring can make a difference in the life of young people in foster care and provide a I support strengthening our class action sys- Tuesday, March 8, 2005 lifeline to academic success and better life tem and reducing fraud, which is why I voted Ms. MILLENDER-MCDONALD. Mr. Speaker, skills. for a substitute bill. This legislation would en- tonight I’d like to talk about legislation that I Traditional mentoring programs often do not sure that people injured or discriminated recently introduced—The Foster Care Men- include the type of training and recruitment against could still get the justice they deserve toring Act of 2005 (HR 822). necessary to equip mentors with the tools they while making adjustments needed to reduce Adopting a child is a life long responsibility, need to most effectively serve the needs of abuse in the class action system. The sub- but let me be frank, the way we care for our these young people. Those that do yield stitute puts an end to ‘‘coupon settlements’’ children, especially children in foster care is a amazing results: and court shopping. It keeps our class action direct reflection of who we are as a society. Current statistics show that for young peo- system accessible and effective by carving out The Administration has boldly stated that ple who are mentored; 45 percent are less civil rights and worker rights cases. It protects they will ‘‘Leave No Child Behind.’’ I want to likely to begin using illicit drugs; 59 percent do cases brought by state attorney’s general. take them up on this pronouncement and ex- better academically, and 73 percent set and Lastly, it asks the Administrative Office of the tend this idea to the 523,000 children who are attain higher life achievement goals. U.S. Courts to report back to Congress on in foster care programs throughout this coun- The need for mentors for children in foster how the new law is working. The substitute is try. care is clear, however, few states have pro- a real improvement in our legal system that These children cannot be left behind and grams aimed at serving the special needs of will ensure the protection and justice promised must be given every opportunity to succeed. this vulnerable population. I ask my colleagues to individuals, families and businesses by our The Foster Care Mentoring Act of 2005, will to support H.R. 822 ‘The Foster Care Men- Constitution. support the establishment, expansion and op- toring Act of 2005.’

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Highlights House Committee ordered reported the Emergency Supplemental Appro- priations for the Fiscal Year ending September 30, 2005. Senate goods or services or damage to property used to pro- Chamber Action vide lawful goods or services. Pages S2203–15 Routine Proceedings, pages S2199–S2296 By 41 yeas to 59 nays (Vote No. 30), Feingold Measures Introduced: Twenty-six bills and four Amendment No. 89, to strike certain small business resolutions were introduced, as follows: S. 544–569, related bankruptcy provisions in the bill. S. Res. 73–75, and S. Con. Res. 15. Pages S2244–45 Pages S2200, S2221–23, S2228 Withdrawn: Measures Reported: Pryor Amendment No. 40, to amend the Fair S. 55, to adjust the boundary of Rocky Mountain Credit Reporting Act to prohibit the use of any in- National Park in the State of Colorado. (S. Rept. formation in any consumer report by any credit card No. 109–19) issuer that is unrelated to the transactions and expe- S. 57, to further the purposes of the Sand Creek rience of the card issuer with the consumer to in- Massacre National Historic Site Establishment Act of crease the annual percentage rate applicable to credit 2000. (S. Rept. No. 109–20) extended to the consumer. Pages S2200, S2216 S. 276, to revise the boundary of the Wind Cave Durbin Amendment No. 111, to protect veterans National Park in the State of South Dakota. (S. and members of the armed forces on active duty or Rept. No. 109–21) performing homeland security activities from means S. 301, to authorize the Secretary of the Interior testing in bankruptcy. Pages S2200, S2228 to provide assistance in implementing cultural herit- Pending: age, conservation, and recreational activities in the Dorgan/Durbin Amendment No. 45, to establish Connecticut River watershed of the States of New a special committee of the Senate to investigate the Hampshire and Vermont, with an amendment. (S. awarding and carrying out of contracts to conduct Rept. No. 109–22) Page S2244 activities in Afghanistan and Iraq and to fight the Measures Passed: war on terrorism. Page S2200 International Women’s Day: Senate agreed to S. Reid (for Baucus) Amendment No. 50, to amend Res. 74, designating March 8, 2005, as ‘‘Inter- section 524(g)(1) of title 11, United States Code, to national Women’s Day’’. Pages S2289–95 predicate the discharge of debts in bankruptcy by an vermiculite mining company meeting certain criteria Greek Independence Day: Senate agreed to S. on the establishment of a health care trust fund for Res. 75, designating March 25, 2005, as ‘‘Greek certain individuals suffering from an asbestos related Independence Day: A National Day of Celebration of disease. Page S2200 Greek and American Democracy’’. Pages S2295–96 Dodd Amendment No. 52, to prohibit extensions Bankruptcy Reform Act: Senate continued consid- of credit to underage consumers. Page S2200 eration of S. 256, a bill to amend title 11 of the Dodd Amendment No. 53, to require prior notice United States Code, taking action on the following of rate increases. Page S2200 amendments proposed thereto: Pages S2200–30 Kennedy (for Leahy/Sarbanes) Amendment No. Rejected: 83, to modify the definition of disinterested person By 46 yeas to 53 nays (Vote No. 28), Schumer in the Bankruptcy Code. Page S2200 Amendment No. 47, to prohibit the discharge, in Harkin Amendment No. 66, to increase the ac- bankruptcy, of a debt resulting from the debtor’s un- crual period for the employee wage priority in bank- lawful interference with the provision of lawful ruptcy. Page S2200 D193

VerDate Aug 04 2004 06:10 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D08MR5.REC D08MR5 D194 CONGRESSIONAL RECORD — DAILY DIGEST March 8, 2005 Dodd Amendment No. 67, to modify the bill to duration in certain cases and to amend the definition protect families. Pages S2200, S2223–28 of disposable income for purposes of chapter 13. Dodd (for Kennedy) Amendment No. 68, to pro- Page S2200 vide a maximum amount for a homestead exemption Feingold Amendment No. 98, to modify the dis- under State law. Page S2200 closure requirements for debt relief agencies pro- Dodd (for Kennedy) Amendment No. 69, to viding bankruptcy assistance. Page S2200 amend the definition of current monthly income. Feingold Amendment No. 99, to provide no Page S2200 bankruptcy protection for insolvent political com- Dodd (for Kennedy) Amendment No. 70, to ex- mittees. Page S2200 empt debtors whose financial problems were caused Feingold Amendment No. 100, to provide author- by failure to receive alimony or child support, or ity for a court to order disgorgement or other rem- both, from means testing. Page S2200 edies relating to an agreement that is not enforce- Dodd (for Kennedy) Amendment No. 72, to enable. Page S2200 sure that families below median income are not sub- Feingold Amendment No. 101, to amend the def- jected to means test requirements. Page S2200 inition of small business debtor. Page S2200 Dodd (for Kennedy) Amendment No. 71, to Talent Amendment No. 121, to deter corporate strike the provision relating to the presumption of fraud and prevent the abuse of State self-settled trust luxury goods. Page S2200 law. Page S2200 Dodd (for Kennedy) Amendment No. 119, to Schumer Amendment No. 129 (to Amendment amend section 502(b) of title 11, United States No. 121), to limit the exemption for asset protection Code, to limit usurious claims in bankruptcy. trusts. Page S2200 Page S2200 Durbin Amendment No. 110, to clarify that the Akaka Amendment No. 105, to limit claims in means test does not apply to debtors below median bankruptcy by certain unsecured creditors. income. Page S2200 Page S2200 Durbin Amendment No. 112, to protect disabled Feingold Amendment No. 87, to amend section veterans from means testing in bankruptcy under 104 of title 11, United States Code, to include cer- certain circumstances. Page S2200 tain provisions in the triennial inflation adjustment Boxer Amendment No. 62, to provide for the po- of dollar amounts. Page S2200 tential disallowance of certain claims. Pages S2228–29 Feingold Amendment No. 88, to amend the plan During consideration of this measure today, Senate filing and confirmation deadlines. Page S2200 also took the following action: Feingold Amendment No. 90, to amend the pro- By 69 yeas to 31 nays (Vote No. 29), three-fifths vision relating to fair notice given to creditors. of those Senators duly chosen and sworn, having Page S2200 voted in the affirmative, Senate agreed to the motion Feingold Amendment No. 91, to amend section to close further debate on the bill. Page S2216 303 of title 11, United States Code, with respect to A unanimous-consent agreement was reached pro- the sealing and expungement of court records relat- viding for further consideration of the bill at ap- ing to fraudulent involuntary bankruptcy petitions. proximately 10:30 a.m., on Wednesday, March 9, Page S2200 2005, and that the Senate vote on, or in relation to, Feingold Amendment No. 92, to amend the cred- certain amendments. Page S2296 it counseling provision. Page S2200 Appointments Feingold Amendment No. 93, to modify the disclosure requirements for debt relief agencies pro- Congressional-Executive Commission on the Peo- viding bankruptcy assistance. Page S2200 ple’s Republic of China: The Chair, on behalf of the Feingold Amendment No. 94, to clarify the appli- President of the Senate, and after consultation with cation of the term disposable income. Page S2200 the Majority Leader, pursuant to Public Law Feingold Amendment No. 95, to amend the pro- 106–286, appointed the following Members to serve visions relating to the discharge of taxes under chap- on the Congressional-Executive Commission on the ter 13. Page S2200 People’s Republic of China: Feingold Amendment No. 96, to amend the pro- Senators Hagel, Brownback, Smith, DeMint, and visions relating to chapter 13 plans to have a 5-year Martinez. Page S2289 duration in certain cases and to amend the definition Nominations Received: Senate received the fol- of disposable income for purposes of chapter 13. lowing nominations: Page S2200 Daniel Fried, of the District of Columbia, to be Feingold Amendment No. 97, to amend the pro- an Assistant Secretary of State (European Affairs). visions relating to chapter 13 plans to have a 5-year 2 Air Force nominations in the rank of general.

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2 Navy nominations in the rank of admiral. Secretary (Installations and Environment), both of Page S2296 the Department of Defense; B.J. Penn, Assistant Sec- Messages From the House: Page S2242 retary (Installations and Environment), and Rear Ad- miral Wayne G. Shears, Jr., Deputy Director, Ashore Measures Placed on Calendar: Page S2242 Readiness Division, both of the United States Navy; Executive Communications: Pages S2242–44 and Brigadier General Willie J. Williams, Assistant Additional Cosponsors: Pages S2245–46 Deputy Commandant, Installations and Logistics (Facilities), United States Marine Corps. Statements on Introduced Bills/Resolutions: Pages S2246–76 DEFENSE AUTHORIZATION REQUEST Additional Statements: Pages S2240–42 Committee on Armed Services: Committee concluded an Amendments Submitted: Pages S2276–88 open and closed hearing to examine military strategy Notices of Hearings/Meetings: Page S2288 and operational requirements in review of the De- fense Authorization Request for fiscal year 2006, Authority for Committees to Meet: Pages S2288–89 after receiving testimony from Admiral William J. Privilege of the Floor: Page S2289 Fallon, USN, Commander, United States Pacific Record Votes: Three record votes were taken today. Command; and General Leon J. LaPorte, USA, Com- (Total—30) Pages S2215, S2216, S2228 mander, United Nations Command and Republic of Korea/United States Combined Forces Command Adjournment: Senate convened at 9:45 a.m., and Commander, United States Forces Korea. adjourned at 7:18 p.m., until 9:30 a.m., on Wednes- day, March 9, 2005. (For Senate’s program, see the OPERATIONS IN IRAQ remarks of the Acting Majority Leader in today’s Record on page S2296.) Committee on Armed Services: Committee met in closed session to receive a briefing to discuss current oper- Committee Meetings ations in Iraq from General George W. Casey, Jr., USA, Commanding General, Multi-National Force— (Committees not listed did not meet) Iraq; and Peter W. Rodman, Assistant of Defense for International Security Affairs. COMMODITY FUTURES TRADING COMMISSION LAND BILLS Committee on Agriculture, Nutrition, and Forestry: Com- Committee on Energy and Natural Resources: Sub- mittee concluded a hearing to examine the reauthor- committee on Public Lands and Forests concluded a ization of the Commodity Futures Trading Commis- hearing to examine S. 179, to provide for the ex- sion, after receiving testimony from Sharon Brown- change of land within the Sierra National Forest, Hruska, Acting Chairman, Commodity Futures California, S. 213, to direct the Secretary of the Inte- Trading Commission; Charles P. Carey, Chicago rior to convey certain Federal land to Rio Arriba Board of Trade, Terrence A. Duffy, Chicago Mer- County, New Mexico, S. 267, to reauthorize the Se- cantile Exchange, and Satish Nandapurkar, Eurex cure Rural Schools and Community Self-Determina- US, all of Chicago, Illinois; James Newsome, New tion Act of 2000, S. 305, to authorize the Secretary York Mercantile Exchange, Inc., and Frederick W. of the Interior to recruit volunteers to assist with or Schoenhut, New York Board of Trade, both of New facilitate the activities of various agencies and offices York, New York; and John M. Damgard, Futures of the Department of the Interior, S. 476, to author- Industry Association, Washington, D.C. ize the Boy Scouts of America to exchange certain BUSINESS MEETING land in the State of Utah acquired under the Recre- Committee on Appropriations: On February 17, 2005, ation and Public Purposes Act, and S. 485, to reau- Committee adopted its rules of procedure for the thorize and amend the National Geologic Mapping 109th Congress. Act of 1992, after receiving testimony from Senator Hatch; Mark Rey, Under Secretary of Agriculture for APPROPRIATIONS: NAVY Natural Resources and the Environment; Christopher Committee on Appropriations: Subcommittee on Mili- Kearney, Deputy Assistant Secretary of the Interior tary Construction concluded a hearing to examine for Policy Management and Budget; Robert Douglas, proposed budget estimates for fiscal year 2006 for Tehama County Schools, Red Bluff, California, on defense wide and navy budget overview, after receiv- behalf of the National Forest Counties and Schools ing testimony from Tina W. Jonas, Under Secretary Coalition; and Michael A. Francis, Wilderness Soci- (Comptroller), and Philip W. Grone, Deputy Under ety, Washington, D.C.

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POWER GENERATION RESOURCES and the prospects for further democratic evolution in Committee on Energy and Natural Resources: Committee the area, after receiving testimony from John F. concluded a hearing to examine ways to encourage Tefft, Deputy Assistant Secretary of State for Euro- the diversification of power generation resources, fo- pean and Eurasian Affairs; and Bruce P. Jackson, cusing on renewable portfolio standards (RPS) efforts Project on Transitional Democracies, Vladimir Socor, among states and the cost and benefits of a federal Jamestown Foundation, and Zeyno Baran, The RPS program, and new approaches to promoting a Nixon Center, all of Washington, D.C. variety of clean power resources, such as wind, solar, NOMINATION clean coal technology and nuclear power, after receiving testimony from David K. Garman, Assistant Sec- Committee on the Judiciary: Committee concluded a retary of Energy for Energy Efficiency and Renew- hearing to examine the nomination of Thomas B. able Energy; Richard E. Morgan, Commissioner, Griffith, of Utah, to be United States Circuit Judge District of Columbia Public Service Commission, on for the District of Columbia Circuit, after the nomi- behalf of the National Association of Regulatory nee, who was introduced by Senators Hatch and Utility Commissioners; Ryan H. Wiser, Lawrence Bennett, testified and answered questions in his own Berkeley National Laboratory, Berkeley, California; behalf. Wayne Brunetti, Xcel Energy, Minneapolis, Min- TERRORISM AND EMP THREAT nesota; Sonny Popowsky, Pennsylvania Office of Consumer Advocate, Harrisburg, on behalf of Na- Committee on the Judiciary: Subcommittee on Ter- tional Association of State Utility Consumer Advo- rorism, Technology, and Homeland Security con- cates; Donald N. Furman, PacifiCorp, Portland, Or- cluded a hearing to examine terrorism and the elec- egon; Kerry W. Bowers, Southern Company, Bir- tromagnetic pulse (EMP) threat to homeland secu- mingham, Alabama; Alan Nogee, Union of Con- rity, after receiving testimony from Peter M. Fonsah, cerned Scientists, Cambridge, Massachusetts; and Acting Deputy Manager, National Communications Brian O’Shaughnessy, Revere Copper Products, Systems, Department of Homeland Security; and Rome, New York, on behalf of National Association Lowell Wood, Acting Chairman, and Peter V. Pry, of Manufacturers. both of the Congressional Commission to Assess the Threat to the U.S. from Electromagnetic Pulse At- PHYSICIAN-OWNED SPECIALITY tack. HOSPITALS 527 REFORM ACT Committee on Finance: Committee held a hearing to examine physician-owned specialty hospitals, focus- Committee on Rules and Administration: Committee ing on the effects that speciality hospitals have on concluded a hearing to examine S. 271, to amend community hospitals, receiving testimony from the Federal Election Campaign Act of 1971 to clar- Thomas A. Gustafson, Deputy Director, Center for ify when organizations described in section 527 of Medicare Management, Centers for Medicare and the Internal Revenue Code of 1986 must register as Medicaid Services, Department of Health and political committees, after receiving testimony from Human Services; Glenn M. Hackbarth, Chairman, Senators Feingold and McCain; Scott E. Thomas, Medicare Payment Advisory Commission; Alan H. Chairman, and David M. Mason, Commissioner, Pierrot, PSC Health, Inc., Fresno, California, on be- both of the Federal Election Commission; Frances R. half of American Surgical Hospital Association; Larry Hill, University of Miami School of Law, Coral Ga- Veitz, Lookout Memorial Hospital, Spearfish, South bles, Florida; and Robert F. Bauer, Perkins Coie Dakota; and J. Andy Sullivan, Oklahoma University LLP, and Michael J. Malbin, Campaign Finance In- Medical Center, Oklahoma City. stitute, both of Washington, D.C. Hearing recessed subject to the call of the Chair. INTELLIGENCE BLACK SEA AREA Select Committee on Intelligence: Committee held closed Committee on Foreign Relations: Subcommittee on Eu- hearings on intelligence matters, receiving testimony ropean Affairs concluded a hearing to examine the from officials of the intelligence community. current state of democracy in the Black Sea region Committee recessed subject to call.

VerDate Aug 04 2004 06:10 Mar 09, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D08MR5.REC D08MR5 March 8, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D197 House of Representatives Group: Representative Manzullo, Chairman; and Chamber Action Representative McCotter, Vice Chairman. Page H1000 Measures Introduced: 39 public bills, H.R. Recess: The House recessed at 2:45 p.m. and recon- 1140–1178; 2 private bills, H.R. 1179–1180; and; vened at 6:30 p.m. Page H1000 6 resolutions, H. Res. 138–143 were introduced. Pages H1023–25 Supplemental Report: Agreed that the Committee on Transportation and Infrastructure have until mid- Additional Cosponsors: Pages H1025–26 night on March 8 to file a supplemental report on Reports Filed: Reports were filed today as follows: H.R. 3, to authorize funds for Federal-aid highways, Supplemental report on H.R. 3, to authorize funds highway safety programs, and transit programs. for Federal-aid highways, highway safety programs, Page H1000 and transit programs (H. Rept. 109–12, Pt. 2); Committee Election: The House agreed to H. Res. H.R. 996, to amend the Internal Revenue Code of 139, electing Representative Burton (IN) to the 1986 to provide for the extension of highway-related Committee on Veterans Affairs. Page H1002 taxes and trust funds, amended (H. Rept. 109–13); and Quorum Calls—Votes: Three yea and nay vote de- H. Res. 140, providing for consideration of H.R. veloped during the proceedings of today and appear 3, to authorize funds for Federal-aid highways, high- on pages H1000–01, H1001–02, H1002. There way safety programs, and transit programs, and for were no quorum calls. other purposes (H. Rept. 109–14). Page H1022 Adjournment: The House met at 12:30 p.m. and Chaplain: The prayer was offered today by Rev. E. adjourned at 10:03 p.m. Terri LaVelle, Program Director, The Faith and Poli- tics Institute in Washington, DC. Page H995 Committee Meetings Journal: The House agreed to the Speaker’s approval EMERGENCY SUPPLEMENTAL of the Journal by a yea and nay vote of 378 yeas to APPROPRIATIONS FISCAL YEAR 2005 29 nays, Roll No. 53. Pages H995, H1000–01 Committee on Appropriations: Ordered reported the Recess: The House recessed at 1:08 p.m. and recon- Emergency Supplemental Appropriations for the Fis- vened at 2 p.m. Page H995 cal Year ending September 30, 2005. Suspensions: The House agreed to suspend the rules and pass the following measures: DEPARTMENT OF LABOR, HHS, EDUCATION, AND RELATED AGENCIES Providing amounts for continuing expenses of APPROPRIATIONS standing and select committees of the House for the month of April: H. Res. 133, amended, providing Committee on Appropriations: Subcommittee on the De- amounts from the applicable accounts of the House partment of Labor, Health and Human Services, of Representatives for continuing expenses of stand- Education and Related Agencies held a hearing on ing and select committees of the House from April the Administration for Children and Families/Na- 1, 2005, through April 30, 2005, by a 2/3 yea and tional Institute of Child Health and Human Devel- nay vote of 406 yeas with none voting ‘‘nay’’, Roll opment. Testimony was heard from the following of- No. 54; and Pages H996–97, H1001–02 ficials of the Department of Health and Human Services: Wade J. Horn, Assistant Secretary, Admin- Sense of the House regarding the study of lan- istration for Children and Families; and Duane Alex- guages and the designation of a Year of Lan- andria, Director, National Institute of Child Health guages: H. Res. 122, expressing the sense of the and Human Development. House of Representatives regarding the study of languages and supporting the designation of a Year of MILITARY QUALITY OF LIFE, AND Languages, by a 2/3 yea and nay vote of 396 yeas VETERANS AFFAIRS, AND RELATED with none voting ‘‘nay’’, Roll No. 55. AGENCIES APPROPRIATIONS Pages H997–H1000, H1002 Committee on Appropriations: Subcommittee on Mili- Canada—U.S. Interparliamentary Group—Ap- tary Quality of Life, and Veterans Affairs, and Re- pointment: The Chair announced the Speaker’s ap- lated Agencies held a hearing on the Secretary of pointment of the following Members of the House Veterans Affairs. Testimony was heard from R. to the Canada—United States Interparliamentary James Nicholson, Secretary of Veterans Affairs.

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SCIENCE, THE DEPARTMENTS OF STATE, rule waives all points of order against consideration JUSTICE, AND COMMERCE of the bill. The rule provides that the amendment APPROPRIATIONS in the nature of a substitute recommended by the Committee on Appropriations: Subcommittee on Science, Committee on Transportation and Infrastructure now The Departments of State, Justice, and Commerce, printed in the bill, modified by the amendment and Related Agencies held a hearing on Director of printed in part A of the Rules Committee report ac- the FBI. Testimony was heard from Robert S. companying the resolution, shall be considered as Mueller, III, Director, FBI, Department of Justice. adopted in the House and in the Committee of the Whole. The rule provides that the bill, as amended, BURDEN OF UNFUNDED MANDATES ON shall be considered as the original bill for the pur- STATE, COUNTY, AND CITY pose of further amendment and shall be considered GOVERNMENTS as read. The rule waives all points of order against Committee on Government Reform: Held a hearing enti- provisions in the bill, as amended. The rule makes tled ‘‘Is Uncle Sam Still Passing the Buck? The Bur- in order only those amendments printed in part B den of Unfunded Mandates on State, County, and of the Rules Committee report which may be offered City Governments.’’ Testimony was heard from John only in the order printed in the report, may be of- D. Graham, Administrator, Office of Information fered only by a Member designated in the report, and Regulatory Affairs, OMB; Douglas Holtz-Eakin, shall be considered as read, shall be debatable for the Director, CBO; Gerry Connolly, Chairman, Board of time specified in the report equally divided and con- Supervisors, Fairfax County, Virginia; Mick Cornett, trolled by the proponent and an opponent, and shall Mayor, Oklahoma City, OK; and public witnesses. not be subject to amendment or demand for division MISCELLANEOUS RESOLUTIONS of the question in the House or in the Committee of the Whole. The rule waives all points of order Committee on International Relations: Subcommittee on against the amendments printed in part B. After dis- Europe and Emerging Threats approved for full position of the amendments printed in part B, the Committee action, as amended, the following resolu- Committee shall rise without motion. No further tions: H. Res. 101, Urging the European Union to consideration of the bill shall be in order except pur- add Hezbollah to the European Union’s wide-rang- suant to a subsequent order of the House. Testimony ing list of terrorist organizations; and H. Res. 99, was heard from Chairman Young (AK), Representa- Expressing the condolences of the House of Rep- tives Petri, Graves, LaTourette, Kennedy (MN), resentatives to the families of the victims of the ter- Boozman, Osborne, Tom Davis (VA), Pitts, Flake, rorist attacks in Madrid that occurred one year ago, Burgess, Conaway, DeFazio, Menendez and Pascrell. on March 11, 2004, and expressing deepest sympathy to the individuals injured in those attacks and SMALL BUSINESS PRIORITIES to the people of the Kingdom of Spain. Committee on Small Business: Held a hearing on Small DIGITAL MUSIC LICENSING Business Priorities for the 109th Congress, with discussion of H. Res. 22, Expressing the sense of the Committee on the Judiciary: Subcommittee on Courts, House of Representatives that American small busi- the Internet, and Intellectual Property held a hearing nesses are entitled to a Small Business Bill of Rights. entitled ‘‘Digital Music Licensing and Section 115 of Testimony was heard from public witnesses. the Copyright Act.’’ Testimony was heard from public witnesses. PHYSICIAN-OWNED SPECIALTY HOSPITALS TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS Committee on Ways and Means: Subcommittee on Health held a hearing on Physician-Owned Specialty Committee on Rules: Granted, by voice vote, a struc- Hospitals. Testimony was heard from Glenn M. tured rule providing for consideration of H.R. 3, Hackbarth, Chairman, Medicare Payment Advisory Transportation Equity Act: A Legacy for Users. The Commission; Tom Gustafson, Deputy Director, Cen- rule provides two hours and twenty minutes of gen- ter for Medicare Management, Centers for Medicare eral debate, with two hours and 10 minutes equally and Medicaid Services, Department of Health and divided and controlled by the chairman and ranking Human Services; and public witnesses. minority member of the Committee on Transpor- tation and Infrastructure, including a final period of PRESIDENT’S PROPOSAL FOR SINGLE- 10 minutes following consideration of the bill for EMPLOYER PENSION FUNDING REFORM amendment, and 10 minutes equally divided and Committee on Ways and Means: Subcommittee on Se- controlled by the chairman and ranking minority lect Revenue Measures held a hearing on the Presi- member of the Committee on Ways and Means. The dent’s Proposal for Single-Employer Pension Funding

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Act, to improve early learning opportunities and promote school preparedness, and S. 172, to amend the Federal Joint Meetings Food, Drug, and Cosmetic Act to provide for the regulation of all contact lenses as medical devices, and the Pa- HUMAN RIGHTS IN EUROPE tient Safety and Quality Improvement Act of 2005, 10 a.m., SD–430. Commission on Security and Cooperation in Europe (Hel- Committee on Homeland Security and Governmental Affairs: sinki Commission): Commission concluded a hearing to hold hearings to examine proposed budget estimates to examine the challenges facing the Organization for fiscal year 2006 for the Department of Homeland Se- for Security and Cooperation in Europe in 2005, fo- curity, 10 a.m., SD–342. cusing on security and human rights, after receiving Committee on Indian Affairs: business meeting to con- testimony from Dimitrij Rupel, Chairman, Commis- sider S. 147, to express the policy of the United States sion on Security and Cooperation in Europe, and regarding the United States relationship with Native Ha- Minister of Foreign Affairs, Republic of Slovenia. waiians and to provide a process for the recognition by f the United States of the Native Hawaiian governing entity; to be followed by an oversight hearing on trust re- COMMITTEE MEETINGS FOR WEDNESDAY, form, 9:30 a.m., SR–485. MARCH 9, 2005 Committee on Veterans’ Affairs: to hold joint hearings with the House Committee on Veterans Affairs to exam- (Committee meetings are open unless otherwise indicated) ine the legislative presentation of the Veterans of Foreign Senate Wars, 10 a.m., SH–216. Select Committee on Intelligence: to receive a closed brief- Committee on Appropriations: Subcommittee on Defense, ing on intelligence matters, 2:30 p.m., SH–219. to hold hearings to examine proposed budget estimates for fiscal year 2006 for the Army, 10 a.m., SD–192. House Committee on Armed Services: Subcommittee on Emerging Threats and Capabilities, to hold hearings to examine the Committee on Agriculture, Subcommittee on General Department of Defense science and technology budget Farm Commodities and Risk Management, to continue and strategy, 9:30 a.m., SR–325. hearings on Reauthorization of the Commodity Futures Committee on Banking, Housing, and Urban Affairs: busi- Trading Commission, 10 a.m., 1302 Longworth. ness meeting to consider the nomination of Ronald Committee on Appropriations: Subcommittee on Agri- Rosenfeld, of Oklahoma, to be a Director of the Federal culture, Rural Development, Food and Drug Administra- Housing Finance Board; to be followed by a hearing to tion, and Related Agencies, on Acting Commissioner for examine the state of the securities industry, 10 a.m., FDA, 9:30 a.m., 2362A Rayburn. SD–538. Subcommittee on Defense, executive, on National In- Committee on the Budget: business meeting to markup telligence Program Budget, 10 a.m., H–405 Capitol. the concurrent resolution on the budget for fiscal year Subcommittee on The Department of Homeland Secu- 2006, 3 p.m., SD–608. rity, on FEMA, 2 p.m., 2362A Rayburn. Committee on Energy and Natural Resources: to hold hear- Subcommittee on Department of Labor, Health and ings to examine the nominations of Patricia Lynn Human Services, Education and Related Agencies, on Scarlett, of California, to be Deputy Secretary of the Inte- NIH, 10:15 a.m., 2358 Rayburn. rior, and Jeffrey Clay Sell, of Texas, to be Deputy Sec- Subcommittee on Energy and Water Development, and retary of Energy, 10 a.m., SD–366. Related Agencies, on Secretary of Energy, 9 a.m., 2362B Committee on Environment and Public Works: business Rayburn. meeting to consider S. 131, to amend the Clean Air Act Subcommittee on Interior, Environment, and Related to reduce air pollution through expansion of cap and Agencies, on Fish and Wildlife Service, 10 a.m., B–308 trade programs, to provide an alternative regulatory clas- Rayburn. sification for units subject to the cap and trade program, Subcommittee on Military Quality of Life, and Vet- 9:30 a.m., SD–406. erans Affairs, and Related Agencies, on Air Force Budget, Committee on Finance: business meeting to consider the 10 a.m., and on Navy/Marine Corps Budget, 1:30 p.m., Personal Responsibility and Individual Development for H–143 Capitol. Everyone (PRIDE) Act, and the nominations of Harold Subcommittee on Science, State, Justice, and Com- Damelin, of Virginia, to be Inspector General, Depart- merce, and Related Agencies, on Secretary of State, 2 ment of the Treasury, and Raymond Thomas Wagner, Jr., p.m., 2359 Rayburn.

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Committee on Armed Services, to continue hearings on the of the Department of State and the United States Agency Fiscal Year National Defense Authorization budget re- for International Development in response to the earth- quest, 10 a.m., 2118 Rayburn. quake and tsunami of December 26, 2004; H. Res. 135, Subcommittee on Strategic Forces, hearing on the Fis- Providing for the establishment of a commission in the cal Year 2006 National Defense Authorization budget re- House of Representatives to assist parliaments in emerg- quest for space activities, 3 p.m., 2212 Rayburn. ing democracies; H. Con. Res. 83, Urging the appro- Subcommittee on Tactical Air and Land Forces, hear- priate representative of the United States to the 61st ses- ing on the Fiscal Year 2006 National Defense Authoriza- sion of the United Nations Commission on Human tion budget request on Department of Defense unmanned Rights to introduce a resolution calling upon the Govern- aerial vehicle and Joint Unmanned Combat Air System ment of the People’s Republic of China to end its human investment programs, 2 p.m., 2118 Rayburn. rights violations in China; H. Res. 99, Expressing the Committee on the Budget, to markup the Budget Resolu- condolences of the House of Representatives to the fami- tion Fiscal Year 2006, 10:30 a.m., Cannon. lies of the victims of the terrorist attacks in Madrid that Committee on Education and the Workforce, to markup occurred one year ago, on March 11, 2004, and express- H.R. 366, Vocational and Technical Education for the ing deepest sympathy to the individuals injured in those Future Act, 11 a.m., 2175 Rayburn. attacks and to the people of the Kingdom of Spain; and Committee on Energy and Commerce, to markup H.R. 29, H. Res. 108, Commemorating the life of the late Zurab Spy Act, 10 a.m., 2123 Rayburn. Zhvania, Prime Minister of the Republic of Georgia, Subcommittee on Oversight and Investigations, hearing 10:15 a.m., 2172 Rayburn. entitled ‘‘The Implementation of GEOSS: A Review of Subcommittee on Africa, Global Human Rights and the All-Hazards Warning System and its Benefits to Pub- International Operations, hearing on Combating Human lic Health, Energy and the Environment,’’ 2:30 p.m., Trafficking: Achieving Zero Tolerance, 11 a.m., 2172 2123 Rayburn. Rayburn. Committee on Financial Services, Subcommittee on Capital Subcommittee on Europe and Emerging Threats, hear- Markets, Insurance, and Government Sponsored Enter- ing on Developments in U.S.-Russia Relations, 1 p.m., prises, hearing entitled ‘‘GSE Reform and the Federal 2200 Rayburn. Home Loan Bank System,’’ 10 a.m., 2128 Rayburn. Subcommittee on Middle East and Central Asia, hear- Committee on Homeland Security, Subcommittee Manage- ing on U.S. Policy Toward the Palestinians in the Post- ment, Integration and Oversight, hearing entitled ‘‘CBP Arafat Era, 2 p.m., 2172 Rayburn. and ICE: Does the Current Organizational Structure Best Subcommittee on the Western Hemisphere, hearing on Serve U.S. Homeland Security Interests?’’ 10 a.m., 2212 The State of Democracy in Latin America, 1:30 p.m., Rayburn. 2255 Rayburn. Committee on International Relations, to markup the fol- Committee on the Judiciary, to markup the following lowing measures: H. Con. Res. 18, Expressing the grave measures: S. 167, Family Entertainment and Copyright concern of Congress regarding the continuing gross viola- Act of 2005; H.R. 683, amended, Trademark Dilution tions of human rights and civil liberties of the Syrian and Revision Act of 2005; H.R. 1037, To make technical cor- Lebanese people by the Government of the Syrian Arab rections to title 17, United States Code; H.R. 1036, To Republic; H. Con. Res. 32, Expressing the grave concern amend title 17, United States Code, to make technical of Congress regarding the occupation of the Republic of corrections relating to copyright royalty judges; H.R. Lebanon by the Syrian Arab Republic; H. Con. Res. 34, 1038, Multidistrict Litigation Restoration Act of 2005; Honoring the life and contributions of Yogi Bhajan, a and H. Con. Res. 53, Expressing the sense of the Con- leader of Sikhs, and expressing condolences to the Sikh gress regarding the issuance of the 500,000th design pat- community on his passing; H. Con. Res. 81, Expressing ent by the United States Patent and Trademark Office; the sense of the House of Representatives regarding the and to consider pending Committee business, 10 a.m., two-year anniversary of the human rights crackdown in 2141 Rayburn. Cuba; H. Con. Res. 82, Expressing the grave concern of Committee on Resources, Subcommittee on Forests and Congress regarding the arrest of Ayman Nour, the leader Forest Health, oversight hearing on FY’06 President’s of the al-Ghad party, by the Government of the Arab Re- Budget for the Forest Service and the Bureau of Land public of Egypt and the support of Congress for contin- Management, 2 p.m., 1324 Longworth. ued progress toward democracy in Egypt; H. Res. 101, Committee on Science, Subcommittee on Research, hearing Urging the European Union to add Hezbollah to the Eu- on the NSF Budget and Management Challenges, 10 ropean Union’s wide-ranging list of terrorist organiza- a.m., 2318 Rayburn. tions; H. Res. 120, Commending the outstanding efforts Committee on Ways and Means, hearing on the Future of by members of the Armed Forces and civilian employees Social Security, 10:30 a.m., 1100 Longworth.

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Permanent Select Committee on Intelligence, executive, brief- Commission on Security and Cooperation in Europe: to hold ing on the Budget, 12 p.m., and, executive, hearing on hearings to examine the Russian-Syrian connection and the Budget, 1:30 p.m., H–405 Capitol. threats to democracy in the Middle East and the great Joint Meetings OSCE region, 1 p.m., SD–226. Joint Committee on Taxation: Organizational business Joint Meetings: Senate Committee on Veterans’ Affairs, meeting to consider an original resolution authorizing ex- to hold joint hearings with the House Committee on penditures for committee operations and committee’s Veterans Affairs to examine the legislative presentation of rules of procedure for the 109th Congress, 5 p.m., S–219. the Veterans of Foreign Wars, 10 a.m., SH–216.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, March 9 10 a.m., Wednesday, March 9

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of Suspensions: routine morning business (not to extend beyond 60 min- (1) H. Res. 41, expressing the sense of the House of utes), Senate will continue consideration of S. 256, Bank- Representatives that a day should be established as ‘‘Na- ruptcy Reform Act; and vote on, or in relation to, certain tional Tartan Day’’ to recognize the outstanding achieve- amendments. ments and contributions made by Scottish Americans to the United States; and (2) H. Res. 119, recognizing the contributions of the United States Marine Corps and other units of the United States Armed Forces on the occasion of the 60th anniversary of the Battle of Iwo Jima during World War II. Begin consideration of H.R. 3, Transportation Equity Act: A Legacy for Users (subject to a rule).

Extensions of Remarks, as inserted in this issue

HOUSE Diaz-Balart, Lincoln, Fla., E376 Paul, Ron, Tex., E381 Farr, Sam, Calif., E387 Portman, Rob, Ohio, E376 Ackerman, Gary L., N.Y., E375, E377 Gillmor, Paul E., Ohio, E380 Ryan, Tim, Ohio, E375 Baca, Joe, Calif., E377 Kucinich, Dennis J., Ohio, E378 Schiff, Adam B., Calif., E375 Blunt, Roy, Mo., E378 Langevin, James R., R.I., E377 Shimkus, John, Ill., E380 Bordallo, Madeleine Z., Guam, E380 Lantos, Tom, Calif., E375 Burgess, Michael C., Tex., E380, E381, E383, E385 Lofgren, Zoe, Calif., E378, E383 Smith, Christopher H., N.J., E385, E386 Cuellar, Henry, Tex., E379, E380, E381, E383, E383, McCaul, Michael T., Tex., E379 Stupak, Bart, Mich., E376 E385, E385, E386, E387, E388 McCollum, Betty, Minn., E384, E388 Terry, Lee, Nebr., E377 Davis, Susan A., Calif., E375 Mack, Connie, Fla., E378 Wolf, Frank R., Va., E379 DeLauro, Rosa L., Conn., E384 Millender-McDonald, Juanita, Calif., E388

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