HOUSE of REPRESENTATIVES—Thursday, October 6, 2005

22354 CONGRESSIONAL RECORD—HOUSE October 6, 2005 HOUSE OF REPRESENTATIVES—Thursday, October 6, 2005

The House met at 10 a.m. and was S. 392. An act to authorize the President to BORDER CRIME award a gold medal on behalf of Congress, called to order by the Speaker pro tem- (Mr. POE asked and was given per- pore (Mr. PENCE). collectively, to the Tuskegee Airmen in recognition of their unique military record, mission to address the House for 1 f which inspired revolutionary reform in the minute.) Armed Forces. Mr. POE. Mr. Speaker, in the Mexi- DESIGNATION OF THE SPEAKER S. 1197. An act to reauthorize the Violence can border town of Nuevo Laredo, PRO TEMPORE Against Women Act of 1994. across the border from Laredo, Texas, The SPEAKER pro tempore laid be- The message also announced that crime has skyrocketed as disciplined fore the House the following commu- pursuant to Public Law 106–398, as drug cartels have turned up their bat- nication from the Speaker: amended by Public Law 108–7, in ac- tle for total territory control over this WASHINGTON, DC, cordance with the qualifications speci- chief entry point into the U.S. Our October 6, 2005. fied under section 1238(b)(3)(E) of Pub- open border policy encourages drug I hereby appoint the Honorable MIKE lic Law 106–398, the Chair, on behalf of dealers to lead organized efforts to in- PENCE to act as Speaker pro tempore on this the President pro tempore, and upon filtrate the United States in their day. the recommendation of the Democratic fighting over this territory. J. DENNIS HASTERT, Speaker of the House of Representatives. Leader, in consultation with the chair- So far this year more than 135 people men of the Senate Committee on have died, seven police officers have f Armed Services and the Senate Com- been killed and 44 American citizens PRAYER mittee on Finance, reappoints the fol- have been kidnapped in this treach- lowing individuals to the United erous town. Mr. Speaker, I have a re- The Reverend David Kassos, Pastor, States-China Economic Security and cent newspaper article from Nuevo La- First United Methodist Church, Pres- Review Commission: redo that shows a police officer, a po- cott, Arkansas, offered the following C. Richard D’Amato of Maryland for licewoman, that was set on fire in the prayer: a term beginning January 1, 2006 and streets of Nuevo Laredo trying to en- Heavenly Creator, we thank thee for expiring December 31, 2007. force the law. The reason that there is the grace You provide us this day. William A. Reinsch of Maryland for a chaos, Mr. Speaker, is because these Give us Your wisdom so our minds term beginning January 1, 2006 and ex- drug cartels are trying to come into will reflect Your thoughts. piring December 31, 2007. the United States. They are fighting Give us Your righteousness so our over territory. Because the United motivations will reflect Your heart. f States basically has no policy in pro- Empower us so our actions will re- WELCOMING THE REVEREND tecting our borders, there is chaos on flect Your will on Earth. DAVID KASSOS the border. Give a special blessing to our fami- (Mr. ROSS asked and was given per- Mr. Speaker, the border is a perilous lies whose love and support strengthen mission to address the House for 1 place. How many more people have to us to faithfully represent our people. minute.) die? How many more Americans have Amen. Mr. ROSS. Mr. Speaker, it is with to be kidnapped in this border town be- f great pride that I welcome my home- fore we protect our borders? town pastor from the First United THE JOURNAL f Methodist Church in Prescott, Arkan- The SPEAKER pro tempore. The sas to the United States House of Rep- HURRICANE KATRINA FUNDING Chair has examined the Journal of the resentatives, the Reverend David (Mrs. CHRISTENSEN asked and was last day’s proceedings and announces Kassos, and his wife, Donna. given permission to address the House to the House his approval thereof. Each and every week I travel to our for 1 minute.) Pursuant to clause 1, rule I, the Jour- Nation’s capital to represent the people Mrs. CHRISTENSEN. Mr. Speaker, nal stands approved. of Arkansas’s Fourth Congressional why is Hurricane Katrina funding f District and this great country. Each being treated differently than all other and every weekend I travel home to emergency funding? And why is this PLEDGE OF ALLEGIANCE Prescott, a small town of about 3,600 body proposing that the poor, elderly The SPEAKER pro tempore. Will the people, and worship with my family at and children be made to pay for it gentleman from Texas (Mr. POE) come the Methodist church I have called while the corporations rake in the forward and lead the House in the home for much of my life. money and the wealthy in this country Pledge of Allegiance. It is this church, where my father continue to get tax cuts? Mr. POE led the Pledge of Allegiance grew up and where my children are And why is it that the temporary ex- as follows: being raised, that keeps me grounded pansion of Medicaid, unemployment I pledge allegiance to the Flag of the and instills in me the small town val- and Temporary Assistance to Needy United States of America, and to the Repub- ues I was raised on and still believe in. Families—the very kinds of programs lic for which it stands, one nation under God, It is the lessons that I learn from this that need to be provided in this emer- indivisible, with liberty and justice for all. church that help guide me in the deci- gency—are being blocked? f sions I make in the United States Con- There is something very wrong with gress. My faith is profoundly important this picture and we need to change it. MESSAGE FROM THE SENATE to me, and Reverend Kassos is not only There are no offsets for rebuilding Af- A message from the Senate by Ms. my spiritual advisor, he is my friend ghanistan and Iraq. There should be Curtis, one of its clerks, announced and he is my fishing buddy. It is a tre- none for our fellow Americans. that the Senate has passed bills of the mendous honor to have him serve as My colleagues, Congress needs to following titles in which the concur- our chaplain today in the United pass the Grassley-Bacchus bill to pro- rence of the House is requested: States House of Representatives. vide the lifeline to those who Katrina

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

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22355 left devastated and homeless. We must protective gear they need to survive first time around. This bill is a pol- stop the madness of proposed cuts to combat. I commend the Senate for vot- luter-friendly giveaway that has noth- entitlement programs. We cannot con- ing last night to shift control of this ing to do with helping hurricane vic- tinue to talk about Medicaid cuts in money directly to unit commanders in tims or securing America’s energy the next 2 years. the field. needs. And it is time that the rich share Mr. Speaker, I urge my colleagues to Not only does this bill do nothing for some of this country’s burden for a measure up to the valor and sacrifices Americans facing soaring gas or home change. The tax cuts cannot be made of our troops by expanding these rules heating prices, it guts clean air protec- permanent. to also cover rifle scopes, additional rations and undermines the Environ- My colleagues, the world is watching. dios and more armor for Humvees be- mental Protection Agency. Only the More importantly, God is watching. fore we approve another dime in yet profit-soaked oil and gas companies Let us do the right thing for the people another supplemental funding bill. win with this bill. Everyone else is of the gulf region, for all Americans, f stuck paying higher energy prices in and for our country. the short run and the incalculable FEDERAL RESOURCES OUGHT TO f long-term costs that will result from BE FOCUSED ON THOSE THAT compromising our environment and MATT SMITH NEED IT MOST failing to achieve energy independence. (Mr. NEY asked and was given per- (Mr. WOLF asked and was given per- f mission to address the House for 1 mission to address the House for 1 minute.) minute and to revise and extend his re- CELEBRATING THE SERVICE OF Mr. NEY. Mr. Speaker, I rise today to marks.) GENERAL RICHARD MYERS commemorate the services of a great Mr. WOLF. Mr. Speaker, as Congress (Mr. WILSON of South Carolina American, Matt Smith. considers how to provide Federal as- asked and was given permission to ad- Matt Smith was enlisted in the Spe- sistance to these victims of these hur- dress the House for 1 minute and to re- cial Forces out of Fort Campbell, Ken- ricanes, it is critical that we make sure vise and extend his remarks.) tucky and served in Iraq in February of resources are focused on helping the Mr. WILSON of South Carolina. Mr. 2003. While there, Matt Smith was poor and the needy rather than sub- Speaker, throughout the past 4 years struck by six bullets which left the left sidizing certain self-sustaining indus- General Richard Myers has served our side of his body paralyzed. Remark- tries like the gambling industry. Nation with distinction and honor. ably, he suffered no cognitive damage The vast majority of the casinos on While serving as the 15th Chairman of and is beginning the process of his the gulf coast are owned and operated the Joint Chiefs of Staff, he has over- physical recovery. by entertainment companies that have seen some of the most challenging Matt Smith has since been awarded a been and are likely to continue record times in our Nation’s history. After Purple Heart, a Meritorious Service profits. Most gambling conglomerates leading our troops to conquer terror- Award, Global War on Terrorism have been named to the Fortune list of ists in Afghanistan and to liberate the Medal, a National Defense Service 100 fastest-growing companies for the nation of Iraq, his tenure has been Medal, and an Army Achievement fifth consecutive year. These conglom- marked with great accomplishments in Medal, to name a few. Mr. Speaker, Matt Smith represents erates have vowed to rebuild bigger and the global war on terrorism. American some of the best that Ohio and Amer- better along the coast. families are safer because of his serv- ica have to offer. I want to honor him With budget deficits growing to his- ice. for his upstanding citizenship and for toric levels, we need to make sure that Last week, President Bush described the love he has for his township and his tax dollars for hurricane relief are General Myers as a kind and humble home of Morgan County, Ohio. going to those who truly need the gov- man who believes in serving a cause ernment’s help and not the gambling greater than himself. As a member of f industry. The truth of the matter is, as the National Guard during his term EQUIPPING OUR TROOPS Congress struggles to rein in the and a father of three sons currently (Mr. BISHOP of New York asked and growth of mandatory spending, it just serving in the military, I have had the was given permission to address the does not make any sense to give tax unique opportunity to personally wit- House for 1 minute.) breaks to casinos. ness General Myers’ commitment to Mr. BISHOP of New York. Mr. Speak- Mr. Speaker, I hope and trust that promoting freedom. I am very grateful er, ‘‘payback’’ has more than one Congress will do the right thing and for his service and his sincere dedica- meaning for our troops. For dozens, make sure our Federal resources go to tion to our troops and the American perhaps hundreds, of their families, it the poor, the needy, the vulnerable and people. As he begins the next phase of referred to a glaring oversight by the not the big gambling interests to re- his life, I am honored to congratulate Pentagon that led to grave disappoint- build the casinos. him for a job well done. ment, dismay and continuing frustra- f In conclusion, God bless our troops and we will never forget September 11. tion. VOTE AGAINST THE GAS BILL Until the Pentagon finally issued f regulations yesterday, 1 year after (Ms. LEE asked and was given per- RESTORING NEW ORLEANS Congress imposed its deadlines, many mission to address the House for 1 troops and their families were not re- minute.) (Mr. BLUMENAUER asked and was imbursed for their body armor, combat Ms. LEE. Mr. Speaker, Republicans given permission to address the House helmets and protective gear. We ask in Congress lost no time in turning the for 1 minute.) our troops to risk life and limb to de- tragedy of Hurricane Katrina into an Mr. BLUMENAUER. Mr. Speaker, fend us, and yet, unconscionably, we opportunity to enrich their friends in the tragedy that was Hurricane made their families pick up the tab. the oil industry at the expense of the Katrina is also an unprecedented op- With their lives on the line, our American people. The Gasoline for portunity for us to help those damaged troops cannot afford to focus on the America’s Security Act of 2005 should areas in a thoughtful, comprehensive mission with distractions and worries be called the Second Energy Special In- fashion. A small example is the St. about family debts incurred to help terest Act of 2005. Charles street car. The oldest street America’s war effort. We have spent Energy companies got $12.8 billion in car line in America, located in New Or- over $200 billion in taxpayer funds to subsidies and tax breaks just 2 months leans, dates back to 1834, when it was a carry out the war in Iraq. ago. Now, Republicans are giving them horse-drawn street car. It is not just a The first priority for this money a bill filled with the measures that historic landmark championed by should be supplying our troops with were too objectionable to go in the former Representative Lindy Boggs,

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22356 CONGRESSIONAL RECORD—HOUSE October 6, 2005 but this is something that could be the the gulf coast.’’ The President said, OFFICE OF THE CLERK, center of a revitalized New Orleans. ‘‘I’ve made that clear.’’ He went on to HOUSE OF REPRESENTATIVES, For a relatively modest amount of say, ‘‘I’ve also made it clear we must Washington, DC, October 4, 2005. money, it could quickly guide and in- do it in a fiscally responsible way. Con- Hon. J. DENNIS HASTERT, The Speaker, House of Representatives, Wash- spire new investments throughout New gress needs to pay for as much of the ington, DC. Orleans in a way that would be an ex- hurricane relief as possible by cutting DEAR MR. SPEAKER: Pursuant to the per- ample of a cost-effective, well-planned spending.’’ The President added, ‘‘I’ll mission granted in Clause 2(h) of Rule II of vision for the future. work with Members of Congress to the Rules of the U.S. House of Representa- I urge my colleagues to join in an ef- identify offsets to free up money for tives, I have the honor to transmit a sealed fort to support a vision of New Orleans the reconstruction efforts,’’ and closed envelope received from the White House on that deals with its history, thoughtful with the statement, ‘‘The heart of October 4, 2005, at 3:40 p.m. and said to con- planning, and careful economic devel- America is big enough to be generous tain a message from the President whereby he submits a report consistent with section opment: Restore and expand the his- and responsible at the same time.’’ Mr. Speaker, I agree. Let us heed the 7422(c)(2) of title 10, United States Code on toric St. Charles Street street cars. the continued production of the Naval Petro- President’s call for fiscal discipline and f leum Reserves beyond April 5, 2006. generosity. It is accurate to state that With best wishes, I am RECOGNIZING HAROLD CHAPPELL the President’s call for reducing spend- Sincerely, (Ms. FOXX asked and was given per- ing and finding offsets is of incalcu- JEFF TRANDAHL, mission to address the House for 1 lable value to those of us fighting to Clerk of the House. minute.) respond to the needs of this disaster f without raising taxes or adding to the Ms. FOXX. Mr. Speaker, this Satur- CONTINUED PRODUCTION OF day marks the beginning of the Na- national debt. Let us heed the Presi- dent’s call. Let us make the tough NAVAL PETROLEUM RESERVES— tional Fallen Firefighters Memorial MESSAGE FROM THE PRESIDENT Weekend, a time dedicated to honoring choices. Let us pay for the cost of Katrina by reducing the size and scope OF THE UNITED STATES (H. DOC. those who paid the ultimate sacrifice NO. 109–59) while in the line of duty. of government. f The SPEAKER pro tempore laid be- b 1015 fore the House the following message MEDICARE PRESCRIPTION DRUG Over the weekend, thousands of from the President of the United REFORM Americans will gather to remember States; which was read and, together America’s bravest heroes and support (Mr. PRICE of Georgia asked and was with the accompanying papers, without their families. On this occasion, I rise given permission to address the House objection, referred to the Committee to honor the life of one such hero, Vol- for 1 minute and to revise and extend on Armed Services and ordered to be unteer Firefighter Harold Dean Chap- his remarks.) printed: pell of Jonesville, North Carolina. Mr. PRICE of Georgia. Mr. Speaker, over our recent break, I visited with To the Congress of the United States: As a member of Arlington Fire and Consistent with section 7422(c)(2) of Rescue, Firefighter Chappell centered various groups of seniors in my district, and we provided information and title 10, United States Code, I am in- his life around serving his community education about the biggest change to forming you of my decision to extend and was always willing to help neigh- Medicare in the 40-year history of the the period of production of the Naval bors, friends and strangers. Tragically, program. Petroleum Reserves for a period of 3 in July 2004, Jonesville lost one of its Beginning this January, for the first years from April 5, 2006, the expiration finest citizens as Firefighter Chappell time, prescription drugs will be cov- date of the currently authorized period passed away from complications he ered under Medicare, and over 40 mil- of production. sustained after responding to a motor lion senior Americans will have the op- Attached is a copy of the report pre- vehicle fire. portunity to receive their needed medi- pared by my Administration inves- Firefighter Chappell was a wonderful cations through a new program de- tigating the necessity of continued pro- man. He was a public servant his entire signed to assist them with payment. duction of the reserves consistent with life. He was also a loving father and This is an exciting and hopeful time for section 7422(c)(2)(B) of title 10. In light husband. According to his son Larry, these citizens. of the findings contained in the report, ‘‘If you needed something, you could As a physician, I understand the im- I certify that continued production call him, and he would be right there portance of providing appropriate from the Naval Petroleum Reserves is to help you. He will be thought of for- medications and the imperative of pre- in the national interest. ever as a well-known family man and serving the physician-patient relation- GEORGE W. BUSH. one who was known by many. May he ship and being certain that decisions THE WHITE HOUSE, October 4, 2005. rest in peace and watch over us all.’’ about which medications are needed be f Mr. Speaker, may we all honor Fire- made by patients and their doctors, not APPOINTMENT OF MEMBERS TO fighter Chappell and his family and the decisions made by Washington bureau- hundreds of first responders who watch BOARD OF VISITORS TO UNITED crats. STATES MILITARY ACADEMY over us every day. This new program holds great prom- f ise but also has potential difficulties. I The Speaker pro tempore. Pursuant urge my colleagues to assist in edu- to 10 U.S.C. 4355(a), and the order of the PRAISE FOR PRESIDENT’S CALL cating all seniors about the upcoming House of January 4, 2005, the Chair an- FOR BUDGET CUTS Medicare reforms. Their familiarity nounces the Speaker’s appointment of (Mr. PENCE asked and was given per- and knowledge about these changes are the following Members of the House to mission to address the House for 1 imperative if we are to have a success- the Board of Visitors to the United minute and to revise and extend his re- ful program, one that follows the med- States Military Academy: marks.) ical model of first doing no harm. Mr. HINCHEY, New York Mr. PENCE. Mr. Speaker, on Tues- f Mrs. TAUSCHER, California day, President Bush laid out a bold vi- f sion for answering the aftermath of COMMUNICATION FROM THE Hurricane Katrina with generosity and CLERK OF THE HOUSE APPOINTMENT OF MEMBERS TO fiscal discipline, saying as he did in the The SPEAKER pro tempore (Mr. UNITED STATES HOLOCAUST ME- Rose Garden, ‘‘We here in Washington ADERHOLT) laid before the House the MORIAL COUNCIL have got a vital role to play in the re- following communication from the The SPEAKER pro tempore. Pursu- covery and reconstruction efforts on Clerk of the House of Representatives: ant to 36 U.S.C. 2301, and the order of

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22357 the House of January 4, 2005, the Chair may have 5 legislative days within I support this legislation, and I en- announces the Speaker’s appointment which to revise and extend their re- courage my colleagues to do the same. of the following Members of the House marks on S. 1413. Madam Speaker, I reserve the bal- to the United States Holocaust Memo- The SPEAKER pro tempore. Is there ance of my time. rial Council: objection to the request of the gen- Mr. DEFAZIO. Madam Speaker, I Mr. LANTOS, California tleman from Florida? yield myself as much time as I may Mr. WAXMAN, California There was no objection. consume. f Mr. MICA. Madam Speaker, I yield I stand in strong support of this leg- myself as much time as I may con- islation. It is certainly suitable that a RECESS sume. Federal facility in Jamaica, where The SPEAKER pro tempore. Pursu- Madam Speaker, S. 1413 was intro- Colin Powell’s parents were born, ant to clause 12(a) of rule I, the Chair duced by Senator LUGAR of Indiana and should be named after him. I would declares the House in recess subject to also Senator BIDEN of Delaware, and it hope that this will be followed by, per- the call of the Chair. designates the Federal building in haps, something within the United Accordingly (at 10 o’clock and 22 Kingston, Jamaica, formerly known as States itself that commemorates his minutes a.m.), the House stood in re- the Crowne Plaza, which is now a staff service to our Nation, which spanned cess subject to the call of the Chair. housing facility, and it renames that decades, extraordinary service in the f facility for the United States mission military and great service to this ad- in Jamaica as the Colin L. Powell Resi- ministration as Secretary of State dur- b 1401 ing the first term of the Bush Presi- dential Plaza. AFTER RECESS Colin Powell was born in New York dency. I would urge my colleagues to vote in The recess having expired, the House City in 1937 to his parents, Luther and favor of this legislation. was called to order by the Speaker pro Maud Powell, who immigrated to the S. 1413 is a bill to designate a staff housing tempore (Mrs. BIGGERT) at 2 o’clock United States from Jamaica. He was facility located in Kingston, Jamaica currently and 1 minute p.m. educated in New York City public used by the State Department for state depart- f schools. He went on to graduate from ment employees as the Colin L. Powell Resi- the City College of New York with a ANNOUNCEMENT BY THE SPEAKER dential Plaza. degree in geology. He was also commis- PRO TEMPORE Colin Luther Powell was born in Harlem in sioned as an Army second lieutenant in 1937. His parents were Jamaican immigrants The SPEAKER pro tempore. Pursu- 1958. He continued his education, gain- who stressed the importance of education and ant to clause 8 of rule XX, the Chair ing a master’s of business administra- personal achievement. He grew up in the will postpone further proceedings tion from George Washington Univer- Bronx, and attended City College of New York today on motions to suspend the rules sity. to study geology. While at City College he on which a recorded vote or the yeas Since that time, Colin Powell has joined the Reserve Officers Training Corps and nays are ordered, or on which the served our great Nation as a profes- (ROTC). When he graduated in 1958 he was vote is objected to under clause 6 of sional soldier for some 35 years, during at the top of his ROTC class, with the rank of rule XX. which time he was the recipient of nu- cadet colonel, the highest rank in the corps. Record votes on postponed questions merous United States and foreign mili- In 1962 he was sent to Vietnam for the first will be taken after 6:30 p.m. today. tary awards and decorations and soon of his two tours of duty. In 1963 he was f rose to the rank of a four-star general. wounded and awarded the Purple Heart and COLIN L. POWELL RESIDENTIAL He went on to serve as the 12th the Bronze Star. During his second tour in PLAZA Chairman of the Joint Chiefs of Staff, Vietnam he was injured in a helicopter crash which is the highest military position but managed to rescue his comrades for Mr. MICA. Madam Speaker, I move in the Department of Defense. In his which he was awarded the Soldier’s Medal. In to suspend the rules and pass the Sen- time as Chairman of the Joint Chiefs of all he has received 11 decorations including ate bill (S. 1413) to redesignate the Staff, he oversaw some 28 crises, in- the Legion of Merit. Crowne Plaza in Kingston, Jamaica as cluding Operation Desert Storm and In 1986 Powell left Washington to serve as the Colin L. Powell Residential Plaza. the victorious 1991 Persian Gulf war. military commander in Frankfurt Germany. He The Clerk read as follows: His distinguished career was topped off was recalled to Washington by Frank Carlucci S. 1413 when he was sworn in as the 65th Sec- to serve as his deputy national security ad- Be it enacted by the Senate and House of Rep- retary of State of the United States in viser. In 1991 as Chairman of the Joint Chiefs resentatives of the United States of America in of Staff Powell became a national figure dur- Congress assembled, January of 2001. There are other things to note about ing the successful Desert Shield and Desert SECTION 1. DESIGNATION OF COLIN L. POWELL RESIDENTIAL PLAZA. this distinguished American leader. Storm operations. (a) DESIGNATION.—The Federal building in Colin Powell is also a man dedicated to In 2001 President Bush appointed Powell as Kingston, Jamaica, formerly known as the his family and to the youth of Amer- Secretary of State, the first African American Crowne Plaza and now a staff housing facil- ica. He is married to the former Alma to hold this office. ity for the United States mission in Ja- Vivian Johnson of Birmingham, Ala- Since his retirement in 2004 Colin Powell maica, shall be known and designated as the bama, and has three children as well as has written a best selling autobiography, My ‘‘Colin L. Powell Residential Plaza’’. two grandchildren. Prior to his con- American Journey. He has pursued a career (b) REFERENCES.—Any reference in a law, as a public speaker and has remained in- map, regulation, document, paper, or other firmation as Secretary of State, Colin Powell served as the chairman of volved in his work with the Alliance for Youth. record of the United States to the Federal By any measure Colin Powell is an extraor- building referred to in subsection (a) shall be America’s Promise, which is The Alli- dinary public servant. He is America’s premier deemed to be a reference to the Colin L. ance for Youth, a national nonprofit Powell Residential Plaza. Soldier-Statesman. This designation is but a organization dedicated to building the small gesture to honor his devotion to public The SPEAKER pro tempore. Pursu- character and also the competence of service and his lifetime of dedication to the ant to the rule, the gentleman from our young people. American public. Florida (Mr. MICA) and the gentleman It is my honor to bring this bill to I support this bill and urge its passage. from Oregon (Mr. DEFAZIO) each will the floor for myself, for the Transpor- Madam Speaker, I yield back the bal- control 20 minutes. tation and Infrastructure Sub- ance of my time. The Chair recognizes the gentleman committee, for the subcommittee Mr. MICA. Madam Speaker, I yield from Florida (Mr. MICA). chair, Mr. SHUSTER. This bill honors a myself the balance of my time. GENERAL LEAVE dedicated American who spent his en- Today it is my honor and privilege to Mr. MICA. Madam Speaker, I ask tire career serving the people of this bring this legislation, which will recog- unanimous consent that all Members great Nation. nize the leadership of an outstanding

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22358 CONGRESSIONAL RECORD—HOUSE October 6, 2005 American patriot, someone who serves Mr. MICA. Madam Speaker, I yield The SPEAKER pro tempore. Pursu- as a role model for all Americans. I am back the balance of my time. ant to the rule, the gentleman from very proud of Colin Powell and again of The SPEAKER pro tempore. The Florida (Mr. MICA) and the gentleman his service to our Nation. I urge the question is on the motion offered by from Oregon (Mr. DEFAZIO) each will support of this bill. the gentleman from Florida (Mr. MICA) control 20 minutes. Mr. OBERSTAR. Madam Speaker, I rise in that the House suspend the rules and The Chair recognizes the gentleman strong support of S. 1413, a bill to designate pass the Senate bill, S. 1413. from Florida (Mr. MICA). a staff housing facility located in Kingston, Ja- The question was taken; and (two- GENERAL LEAVE maica as the Colin L. Powell Residential thirds having voted in favor thereof) Mr. MICA. Madam Speaker, I ask Plaza. The facility currently houses Depart- the rules were suspended and the Sen- unanimous consent that all Members ment of State employees. ate bill was passed. may have 5 legislative days within Colin Luther Powell was born on April 5, A motion to reconsider was laid on which to revise and extend their re- 1937, in Harlem, New York. His parents, Ja- the table. marks and include extraneous material maican immigrants to the United States, in- f on House Concurrent Resolution 161. fused in their son a high work ethic and The SPEAKER pro tempore. Is there AUTHORIZING USE OF CAPITOL stressed the importance of education. He at- objection to the request of the gen- GROUNDS FOR EVENT TO COM- tended local public schools in the Bronx, and tleman from Florida? MEMORATE 10TH ANNIVERSARY attended the City College of New York and There was no objection. OF MILLION MAN MARCH studied geology. While at City College, Sec- Mr. MICA. Madam Speaker, I yield retary Powell joined the Reserve Officers Mr. MICA. Madam Speaker, I move myself such time as I may consume. This concurrent resolution takes Training Corps (ROTC) and, by his own ac- to suspend the rules and agree to the care of a little bit of a housekeeping count, claimed he had found his calling. When concurrent resolution (H. Con. Res. 161) chore for our committee and also for he graduated in 1958 he was at the top of his authorizing the use of the Capitol the House. House Concurrent Resolu- ROTC class, with the rank of cadet colonel, Grounds for an event to commemorate tion 161 is sponsored by the gentleman the highest rank in the Corps. the 10th Anniversary of the Million from Illinois (Mr. DAVIS) and it author- Colin Powell served two tours of duty in Man March. izes the use of the Capitol grounds for Vietnam. During his first tour in 1963 he was The Clerk read as follows: the 10th anniversary commemoration wounded and awarded the Purple Heart and H. CON. RES. 161 event of the Million Man March. It is the Bronze Star. During his second tour in Resolved by the House of Representatives (the required under our rules that we pass Vietnam between 1968 and 1969 he was in- Senate concurring), such a resolution for use of the Capitol jured in a helicopter crash but managed to SECTION 1. USE OF CAPITOL GROUNDS FOR grounds. rescue his comrades for which he was award- EVENT TO COMMEMORATE 10TH AN- NIVERSARY OF MILLION MAN The Million Man March, Inc., is the ed the Soldier’s Medal. In all, he has received MARCH. sponsor wishing to commemorate the 11 decorations including the Legion of Merit. (a) IN GENERAL.—Million Man March, Inc. march of 10 years ago and to highlight After the war, Secretary Powell attended (in this resolution referred to as the ‘‘spon- the Millions More Movement. George Washington University here in the Dis- sor’’) shall be permitted to sponsor a public The current movement is intended to trict of Columbia earning an MBA. He was event on the Capitol Grounds to commemorate the 10th Anniversary of the Million Man reenergize the efforts and missions of awarded a White House fellowship and was the Million Man March, which was first assigned to the Office of Management and March (in this resolution referred to as the ‘‘event’’). held in 1995. This event is scheduled for Budget, where he worked for both Department (b) DATE OF EVENT.—The event shall be 9 a.m. on Saturday, October 15, 2005; of Defense Secretaries Caspar Weinberger held on October 15, 2005, or on such other and it will include leaders of the Afri- and Frank Carlucci. Following his term as a date as the Speaker of the House of Rep- can American community. It is free of White House fellow, Powell served in Korea. resentatives and the Committee on Rules charge and also open to the public. In 1976, he joined the Carter Administration as and Administration of the Senate jointly I also find it important to note that assistant to the Deputy Secretary of Defense. designate. the sponsor assumes full responsibility At the end of the Carter Administration, he as- SEC. 2. TERMS AND CONDITIONS. for all expenses and liability incident sisted Secretary Carlucci during the transition (a) IN GENERAL.—Under conditions to be prescribed by the Architect of the Capitol to all activities associated with the to the Reagan Administration. event, and House Concurrent Resolu- In 1986, Secretary Powell left Washington to and the Capitol Police Board, the event shall be— tion 161 does not authorize any expend- serve as military commander in Frankfurt Ger- (1) free of admission charge and open to the itures. many. He was recalled to Washington by public; and Madam Speaker, I reserve the bal- Frank Carlucci to serve as his deputy national (2) arranged not to interfere with the needs ance of my time. security adviser. In 1991, as Chairman of the of Congress. Mr. DEFAZIO. Madam Speaker, I Joint Chiefs of Staff, Powell became a national (b) EXPENSES AND LIABILITIES.—The spon- yield myself as much time as I may figure during the successful Desert Shield and sor shall assume full responsibility for all consume. Desert Storm operations. expenses and liabilities incident to all activi- H. Con. Res. 161 authorizes the use of ties associated with the event. In 2001, President Bush appointed Powell the Capitol grounds for the Millions as Secretary of State, the first African Amer- SEC. 3. EVENT PREPARATIONS. More March scheduled for October 15, Subject to the approval of the Architect of ican to hold this office. As Secretary of State, the Capitol, the sponsor is authorized to 2005. It will be on the 10th anniversary he took a leading role in rallying America’s al- erect upon the Capitol Grounds such stage, of the original Million Man March held lies and the United Nations in the war against sound amplification devices, and other re- here in Washington on the Mall in Oc- terrorism. lated structures and equipment, as may be tober of 1995. This event was one of the Since his retirement in 2004, Colin Powell required for the event. largest ever to be held on the Mall. has written a best selling autobiography, My SEC. 4. ADDITIONAL ARRANGEMENTS. Similar to the original march, the American Journey. He has pursued a career The Architect of the Capitol and the Cap- themes and programs of this event will as a public speaker and has remained in- itol Police Board are authorized to make any focus on unity, spiritual values, edu- volved in his work with the Alliance for Youth. such additional arrangements that may be cation and economic development. It is Colin Powell is a true American success required to carry out the event. going to be extraordinarily timely this story. He is an incomparable public servant, a SEC. 5. ENFORCEMENT OF RESTRICTIONS. year in the wake of Hurricane Katrina born leader, able administrator, and excep- The Capitol Police Board shall provide for and some of the conditions we saw in enforcement of the restrictions in section tional diplomat. He is America’s premier Sol- 5104(c) of title 40, United States Code, con- New Orleans. dier-Statesman. It is fitting and proper that we cerning sales, advertisements, displays, and It will be very relevant to this honor the outstanding contributions of Colin solicitations on the Capitol Grounds, as well march, and hopefully the administra- Powell with this designation. as other restrictions applicable to the Cap- tion and others will be paying atten- I support this bill and urge its passage. itol Grounds, in connection with the event. tion to the issues and themes raised at

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22359 this event. The organizers will work event sponsors will work with the Architect of (1) airport development within the mean- with the office of the Architect of the the Capitol to resolve all issues of event prep- ing of section 47102 of title 49, United States Capitol, the Capitol Police; and the aration. This far reaching national program will Code; event will be free and open to the pub- (2) terminal development within the mean- include a march on October 15th and religious ing of section 47110 of that title; lic. services on Sunday, October 16. (3) repair or replacement of other public I support the resolution and urge its I support the resolution and urge its pas- use airport facilities; and passage. sage. (4) emergency operating costs incurred at Madam Speaker, I yield such time as Mr. MICA. Madam Speaker, I yield public use airports in Louisiana, Mississippi, he may consume to the gentleman back the balance of my time. Alabama, and Texas. from Illinois (Mr. DAVIS). The SPEAKER pro tempore. The (d) MODIFICATION OF CERTAIN OTHERWISE Mr. DAVIS of Illinois. Madam Speak- question is on the motion offered by APPLICABLE REQUIREMENTS.—For purposes of any grant authorized by subsection (a)— er, I thank the gentleman for yielding. the gentleman from Florida (Mr. MICA) I would take this moment to express (1) the Secretary may waive any otherwise that the House suspend the rules and appreciation to Speaker HASTERT, applicable limitation on, or requirement for, agree to the concurrent resolution, H. grants under section 47102, 47107(a)(17), 47110, Chairman YOUNG, Ranking Member Con. Res. 161. or 47119 of title 49, United States Code, if the OBERSTAR, and Mr. MICA and Mr. DEFA- The question was taken; and (two- Secretary determines that the waiver is nec- ZIO for bringing this legislation to the thirds having voted in favor thereof) essary to respond, in as timely and efficient floor and for having an opportunity for the rules were suspended and the con- a manner as possible, to the urgent needs of it to be heard and to be passed. current resolution was agreed to. the region damaged by Hurricane Katrina or I rise in support of it. As a matter of Hurricane Rita; fact, it commemorates the 10th-year A motion to reconsider was laid on (2) the United States Government’s share anniversary of the Million Man March the table. of allowable project costs shall be 100 per- which took place some 10 years ago f cent, notwithstanding the provisions of section 47109 of that title; when more than a million, primarily b 1415 African American, men came to Wash- (3) any project funded by such a grant shall AUTHORIZING SECRETARY OF be deemed to be an airport development ington D.C. for a big national town hall project (within the meaning of section 47102 meeting. That is what I really think of TRANSPORTATION TO MAKE EMERGENCY AIRPORT IMPROVE- of that title), except for the purpose of estab- this as being, a national town hall lishing priorities under subsection (c) of this meeting where people from all across MENT PROJECT GRANTS-IN-AID section among projects to be funded by such the country will gather on the Mall FOR REPAIRS AND COSTS RE- grants; and and have a day of discussions talking LATED TO DAMAGE FROM HUR- (4) no project funded by such a grant may about problems, needs, hopes, and aspi- RICANES KATRINA AND RITA be considered, for the purpose of any other rations. It is an opportunity for those Mr. MICA. Madam Speaker, I move provision of law, to be a major Federal action significantly affecting the quality of the who will gather to be heard to experi- to suspend the rules and pass the Sen- human environment. ence fellowship and camaraderie and ate bill (S. 1786) to authorize the Sec- The SPEAKER pro tempore (Mrs. also to project for the Nation to see retary of Transportation to make BIGGERT). Pursuant to the rule, the and feel an understanding of their per- emergency airport improvement gentleman from Florida (Mr. MICA) and ception of need. project grants-in-aid under title 49, the gentleman from Oregon (Mr. DEFA- I want to thank all of those who United States Code, for repairs and ZIO) each will control 20 minutes. helped to make this event possible. I costs related to damage from Hurri- The Chair recognizes the gentleman appreciate the sensitivity and concern canes Katrina and Rita. from Florida (Mr. MICA). displayed. The Clerk read as follows: GENERAL LEAVE Mr. DEFAZIO. Madam Speaker, I S. 1786 Mr. MICA. Madam Speaker, I ask have no further requests for time, and Be it enacted by the Senate and House of Rep- unanimous consent that all Members I yield back the balance of my time. resentatives of the United States of America in may have 5 legislative days within Mr. MICA. Madam Speaker, I yield Congress assembled, which to revise and extend their re- myself the balance of my time. SECTION 1. EMERGENCY USE OF GRANTS-IN-AID Again, I want to commend the gen- marks and include extraneous material FOR AIRPORT IMPROVEMENTS FOR on S. 1786. tleman from Illinois for bringing this FISCAL YEARS 2005 AND 2006. The SPEAKER pro tempore. Is there legislative initiative before the House. (a) IN GENERAL.—The Secretary of Trans- portation may make project grants under objection to the request of the gen- On behalf of Chairman YOUNG of the tleman from Florida? full T&I committee and subcommittee part B, subtitle VII, of title 49, United States Code, from amounts that remain unobligated There was no objection. chair Mr. SHUSTER, the gentleman from after the date of enactment of this Act for Mr. MICA. Madam Speaker, I yield Pennsylvania, who chairs the Eco- fiscal years 2005 and 2006— myself such time as I may consume. nomic Development and Public Build- (1) from apportioned funds under section Madam Speaker, I am pleased to rise ings and Emergency Management Sub- 47114 of that title apportioned to an airport in strong support of Senate bill S. 1786. committee, I am pleased to present described in subsection (b)(1) or to a State in This legislation authorizes emergency this legislation, and ask at this time which such airport is located; or grants to airports to repair damage for the House’s consideration and adop- (2) from funds available for discretionary caused by both Hurricanes Katrina and tion of the resolution. grants to such an airport under section 47115 Rita. Mr. OBERSTAR. Madam Speaker, H. Con. of such title. Specifically, this legislation author- Res. 161 authorizes use of the Capitol (b) ELIGIBLE AIRPORTS AND USES.—The Sec- izes the Secretary of Transportation to retary may make grants under subsection (a) Grounds for an event to commemorate the for— make grants under the existing Airport 10th anniversary of the Million Man March (1) emergency capital costs incurred by a Improvement Program, also referred to which took place on October 16, 1995. The public use airport in Louisiana, Mississippi, as AIP, funds in fiscal year 2006 for first Million Man March was one of the largest Alabama, or Texas that is listed in the Fed- hurricane-related costs incurred by events to be held on the mall. The 1995 event eral Aviation Administration’s National public-use airports in the States of themes were unity, atonement, and brother- Plan of Integrated Airport Systems of re- Louisiana, Mississippi, Alabama and hood. pairing or replacing public use facilities that Texas. The anniversary event will rededicate par- have been damaged as a result of Hurricane Under this bill, affected airports may ticipants to the goals and ideals of the original Katrina or Hurricane Rita; and receive grants for emergency capital (2) emergency operating costs incurred by event. A few of the themes of this year’s event an airport described in paragraph (1) as a re- costs. Some of those costs include re- include unity, spiritual values, education, and sult of Hurricane Katrina or Hurricane Rita. pairs to terminal buildings, to hangars, economic development. (c) PRIORITIES.—In making grants author- runways, airfield signage, lighting, Like all events that use the Capitol Grounds, ized by subsection (a), the Secretary shall fencing, navigation aids and fuel sys- this event is free and open to the public. The give priority to— tems.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22360 CONGRESSIONAL RECORD—HOUSE October 6, 2005 In addition, emergency operating funds, since those funds we know are tion that we have already crafted in costs resulting from the hurricane will not going to be adequate in the future the House and an executive order by also be eligible for grants. This would to meet the total needs of the system. the President of the United States has cover items such as the cost of putting But this is a recognition of an extraor- suspended, we hope temporarily, Davis- fences back up, renting generators and dinary circumstance of the disasters of Bacon wages for the reconstruction of hiring extra security personnel. This Katrina and Rita and what it has done the gulf coast. And I have heard a lot bill would also waive the local cost- to the aviation infrastructure in addi- of different stories as to why that was share requirement that traditionally tion to other elements of the infra- done. Some in my party say it is all applies to grants made under the AIP structure in those regions. And it is going to go to the labor unions and we program, the Airport Improvement only, I think, appropriate that the Fed- do not want to help the labor unions. Program. eral Government use discretion and I will tell them, not only was the his- Many of these airports, particularly flexibility in helping those airports to tory of Davis-Bacon of Republican ori- the small airports that have been shut recover and to become fully oper- gin, the sad and really the truth of the down for an extended period of time, ational. They obviously suffered not matter is that if we look at what the lack the ability to pay even the tradi- only physical damage but tremendous combined wage rates are in the gulf tional 10 percent local match that economic losses due to the storms and, coast for the laborer, the carpenter, would otherwise be required of them in some cases, face perhaps an uncer- the operating engineer, it is certainly under the Airport Improvement Pro- tain economic future because of the not some sop to the labor unions. gram. damage in the City of New Orleans and For example, in Alabama, Madam Over 40 airports were damaged by questions about how soon or when full Speaker, a laborer makes $5.15 an hour. Hurricanes Katrina and Rita and are in aviation schedules will be reinstated to Tell me, where we are going to find very serious and desperate need in serve that airport. somebody to clear away the horrible some instances of the provisions of this So I think this legislation is timely. debris in the gulf coast for less than bill. The Federal Aviation Administra- It is appropriate, and I appreciate the $5.15 an hour, first of all, and why tion estimates that these airports, in chairman of the committee for bring- would we, as a Federal policy, even total, will have sustained damages of ing it forward in such an expedited think that that was a good idea? some $160 million or more. way. The other unintended consequence of Of this total, some $47 million has al- Madam Speaker, I reserve the bal- the suspension of Davis-Bacon is that ready been funded by using fiscal year, ance of my time. we repeal things known as the the current year that we are in, 2005, or Mr. MICA. Madam Speaker, I yield Copeland Anti-Kickback provisions. just left, I should say, 2005 Airport Im- such time as he may consume to the And what that says is, if people are provement Program funds. This was gentleman from Ohio (Mr. LATOU- complying with the Federal Labor critical to getting some of the airports RETTE) and also Chair of the Railroads Standards Act, they have to, if they reopened quickly after the storms, and Subcommittee of the Committee on are a contractor, submit every week a it also provided much-needed transpor- Transportation and Infrastructure. certified payroll with the employee’s tation links to the disaster areas. Mr. LATOURETTE. Madam Speaker, name, what their wage rate was, what However, at least $113 million in I thank the gentleman from Florida for their Social Security number is, and damages still remains to be funded in not only yielding me this time but also what they did. They cannot come fiscal year 2006. These repairs are es- for his leadership in bringing S. 1786 to waltzing in as a contractor and say, I sential to restoring our system of air- the floor and also the gentleman from hired 50 guys with chainsaws last week ports to pre-hurricane conditions and Oregon and the gentleman from Illinois and here is my bill. It makes sure that also to the high standards that we re- (Mr. COSTELLO) on the Aviation Sub- we do not permit profiteering in the quire. committee. gulf coast. It makes sure that our Fed- It is important to note that this bill I asked for time today to indicate eral dollars are spent as we intend does not increase Federal spending. that S. 1786 is exactly the kind of legis- them, and it makes sure that some un- Rather, it would temporarily broaden lation that we should be crafting in scrupulous contractors do not come in the eligible uses of existing Airport Im- both the House and the Senate and and make a boatload of money on the provement Program funds, AIP funds, sending to the President of the United backs of the misery in the gulf coast. so that the full spectrum of hurricane States in response to the devastation So while I think S. 1786 is a wonder- repair costs can be met. of Hurricanes Rita and Katrina. And ful piece of legislation, we are doing it After the hurricanes that damaged primarily what motivated me to come the right way, I do sort of serve notice several Florida airports last year, I am speak today is that there was mischief to the House that there are some of us particularly aware of the devastation afoot in the other body as this bill was on this side of the aisle that do not in- that can be caused by these storms and being crafted relative to the issue of tend to let this situation with recon- the need to repair critical aviation fa- prevailing wages. And there is some struction and the situation with Davis- cilities and infrastructure as quickly thought that while we should extend Bacon stand much longer. as possible. I, therefore, am pleased to grants through the AIP program to Mr. DEFAZIO. Madam Speaker, I join wholeheartedly with the gen- help ailing airports, perhaps we could yield myself such time as I may con- tleman from Alaska (Mr. YOUNG) and do it on the cheap and suspend what sume. the gentleman from Minnesota (Mr. are known as Davis-Bacon wages. I would like to support the remarks OBERSTAR), ranking member of the full And I want to alert the House and my of my colleague from Ohio. He men- Committee on Transportation and In- fellow Members that this is something tioned what a laborer would earn under frastructure, and the gentleman from that will come to a head in a couple of Davis-Bacon. I have become aware of Illinois (Mr. COSTELLO), Aviation Sub- weeks. It is disturbing to a number of the fact that a skilled pipe fitter under committee ranking member, in urging us. Davis and Bacon happened to be Re- Davis-Bacon wages in the Southeast the immediate passage of this much- publican legislators who, after the would earn $10.22 an hour. That hardly needed legislation. Great Depression, became concerned seems to me to be an excessive wage. Madam Speaker, I reserve the bal- with the issue of bands of roving labor- And with the extraordinary poverty ance of my time. ers going from market to market and that was brought to the Nation’s atten- Mr. DEFAZIO. Madam Speaker, I undercutting the local labor market tion in New Orleans, one would think yield myself such time as I may con- and not living in the community, not that we would want to have people sume. receiving a decent wage, not paying working in jobs that pay a living wage, The chairman has made an excellent taxes that supported the infrastruc- a decent wage, so that they can support case for this legislation. It is not to set ture, the schools and other things that themselves and their families. And it is any precedent for the future use of AIP go on. And unlike S. 1786, other legisla- just extraordinary to me.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22361 We had a meeting with the IG and national airports administrator, they I strongly support the bill and urge my col- the GAO regarding the FEMA con- were ready in advance. They assisted leagues to join me in support of this legisla- tracts under Homeland Security, and us then and they are assisting now in tion. we asked if they could document, par- an admirable fashion. So I am pleased Mr. COSTELLO. Madam Speaker, I rise ticularly with Hurricane Andrew last to also commend their work. today in strong support of S. 1786, legislation year and some other times when Davis- Madam Speaker, I ask for passage of to authorize emergency grants for airports Bacon has been suspended, that, in S. 1786, which will provide our airports damaged by Hurricanes Katrina and Rita. This fact, the taxpayers came out ahead. much-needed relief in these hard-hit important legislation gives the Secretary of And they said, well, they really could areas. Transportation authority to use millions of dol- not. So I said, they mean we might just Mr. OBERSTAR. Madam Speaker, I rise in lars in existing federal grant funds to make be lowering wages and increasing the support of S. 1786, which authorizes the Sec- emergency repairs at airports in the Gulf profit margin? And they said, they had retary of Transportation to make emergency Coast region damaged by the hurricanes. The a lot of concerns about a lot of these airport improvement project grants-in-aid bill also permits grant funding to cover emer- contracts and the no-bid nature of the under title 49, for repairs and costs related to gency operating costs incurred as a result of contracts and whether or not taxpayers damage from Hurricanes Katrina and Rita. the devastating hurricanes by these airports. were getting full value for their money. Madam Speaker, S. 1786 permits the Sec- To get the local economy and jobs improv- And it is particularly distressing when retary of Transportation to make project grants ing and moving again, fully functional airports are needed. S. 1786 will restore these airports we do not know that we are getting full from the Federal Aviation Administration’s, by making the necessary funds available to value for our money and we might, in FAA, Airport Improvement Program, AIP, fiscal immediately begin repairing and refurbishing fact, be only increasing profits while year 2006 funds for capital costs to repair or the airport infrastructure to help restore pas- depriving people of a living wage. replace public use facilities damaged as a result of Hurricanes Katrina and Rita, which senger and commercial air traffic throughout So I support the gentleman’s re- the Gulf region. marks, and I do hope that we are al- were incurred by a public use airport in Ala- bama, Louisiana, Mississippi, and Texas that I recently visited the Gulf Coast region and lowed to bring legislation to the floor saw the devastation and destruction Hurri- in the near future to overturn the is listed in the FAA’s National Plan of Inte- grated Airport Systems. The bill also permits canes Katrina and Rita left in their wake first- President’s misguided efforts in this AlP grant funding to cover emergency oper- hand. I listened to state and local officials de- area. ating costs incurred by these airports as a re- scribe their immediate infrastructure needs Madam Speaker, I urge Members to sult of the Hurricanes. and this legislation would provide some re- support the legislation. According to the FAA, airports located in sources to address their airport needs. Those Madam Speaker, I have no further re- Alabama, Louisiana, Mississippi, and Texas affected by these hurricanes should be com- quests for time, and I yield back the sustained structural damage costing over $162 mended as they continue to display tremen- balance of my time. million. Importantly, S. 1786 provides FAA with dous courage and persistence. Mr. MICA. Madam Speaker, I yield the flexibility to fund repairs to airport struc- Madam Speaker, this legislation is an impor- myself such time as I may consume. tures, such as terminals and hangars, which tant step toward economic recovery of the en- Again, I urge my colleagues to pass would otherwise not be eligible for grants tire Gulf Coast region and towards restoring S. 1786. This is a needed piece of legis- under the AlP program. The bill also requires these airports to their full operational capacity lation and an immediately needed bill. the Federal Government to cover 100 percent as soon as possible. I ask my colleagues to It will provide some relief to some of of the allowable project costs, thereby waiving join me in support of this legislation. Mr. MICA. Madam Speaker, I have no the Gulf States that were hit by two of State and local government match require- further requests for time, and I yield our most recent and very tragic hurri- ments. canes. Earlier this week, I joined several of my back the balance of my time. The SPEAKER pro tempore (Mrs. Airports do provide a link between Committee on Transportation colleagues on a BIGGERT). The question is on the mo- communities and a gateway to the Na- trip to the gulf coast to see the devastation of tion offered by the gentleman from tion and the world. It is one of our Hurricane Katrina first hand. Flying over New Florida (Mr. MICA) that the House sus- most important economic generators Orleans, Bay St. Louis, Biloxi, and Mobile, we pend the rules and pass the Senate bill, in this country, and it is a Federal re- witnessed destruction unlike anything we had S. 1786. sponsibility to move forward in the re- ever seen. pair and the replacement of the infra- The question was taken. We also had the opportunity to meet with The SPEAKER pro tempore. In the structure and facilities at these trans- airport officials at the Louis Armstrong Airport opinion of the Chair, two-thirds of portation hubs. in New Orleans. The bill addresses the direct those present have voted in the affirm- I might repeat that this does not re- emergency capital and operating costs to ad- ative. quire any additional funding, but it dress the structural damage to the New Orle- Mr. DEFAZIO. Madam Speaker, on does allow flexibility. It does allow ad- ans and other affected airports as a result of that I demand the yeas and nays. ditional payments to these areas for Hurricane Katrina. The yeas and nays were ordered. their traditional Federal requirement In addition, the New Orleans and other af- The SPEAKER pro tempore. Pursu- share and local requirement share. fected airports face long-term revenue chal- ant to clause 8 of rule XX and the Also, in closing, we hear a lot of crit- lenges. Although the New Orleans airport has Chair’s prior announcement, further icism about Federal agencies, but I am reopened, it is operating at a significantly di- proceedings on this motion will be pleased to stand here and commend minished capacity, which is directly affecting postponed. airport revenues. The airport, which served as those of the FAA for their quick re- f sponse to all of the States that were a major origin-and-destination airport with al- hit by the hurricane disasters we have most 10 million passengers per year prior to SUPPORTING THE GOALS AND seen this year. Hurricane Katrina, expects it to take several IDEALS OF NATIONAL CAMPUS I also want to thank them for last years to recover from this disaster. Passenger SAFETY AWARENESS MONTH year. My area in Central Florida was traffic in the coming year is expected to equal Mr. DUNCAN. Madam Speaker, I hit by three very serious hurricanes, only 10–15 percent of pre-disaster levels and move to suspend the rules and agree to and as the Members know, we had a equal only 70 percent within 3 years. As a re- the resolution (H. Res. 15) supporting fourth, a tremendous storm that hit sult of this lost revenue, the airport faces a po- the goals and ideals of National Cam- the gulf coast. tential deficit of approximately $90 million by pus Safety Awareness Month, as the end of 2007. amended. b 1430 This legislation will enable the FAA to pro- The Clerk read as follows: In each instance, the Federal Avia- vide additional emergency capital and oper- H. RES. 15 tion Administration, starting with ating grants for the structural damage of the Whereas college and university campuses Marion Blakey, the administrator, and New Orleans and other affected airports in the are subject to criminal threats both from also with Woodie Woodward, who is our region. within and outside their borders;

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22362 CONGRESSIONAL RECORD—HOUSE October 6, 2005 Whereas under the Jeanne Clery Disclosure dents become the victims of an at- Madam Speaker, by adopting H. Res. of Campus Security Policy and Campus tempted rape during their college ca- 15, the House of Representatives could Crime Statistics Act a total of 86 homicides, reers. Often it is by someone they send the message that it takes the 7,648 sex offenses, 9,649 aggravated assaults, know. In addition, each year more than issue of campus crime very seriously and 3,590 arsons were reported on-campus from 2000 to 2002; 600,000 students between the ages of 18 and supports greater student aware- Whereas between one fifth and one quarter and 24 are assaulted by another student ness. of female students become the victim of a who has been drinking; and 1,400 stu- I would like to thank the Student completed or attempted rape, usually by dents die from alcohol-related injuries, Government Association of the Univer- someone they know, during their college ca- including motor vehicle crashes. sity of Wisconsin at Green Bay and the reers; Some may remember the story of nonprofit organization Security on Whereas each year more than 70,000 stu- Jeanne Ann Clery. On April 5, 1986, Campus, especially, for their efforts on dents between the ages of 18 and 24 are vic- Jeanne was tortured, raped and mur- behalf of this legislation. tims of alcohol-related sexual assault; dered at her dormitory room at Lehigh Finally, Madam Speaker, I would Whereas each year more than 600,000 stu- also like to thank the gentleman from dents between the ages of 18 and 24 are as- University. Her killer was a Lehigh Wisconsin (Mr. GREEN) for his support saulted by another student who has been student whom Jeanne had never met. drinking; He was also an abuser of drugs and al- and assistance with H. Res. 15. I urge Whereas 1,400 college students between the cohol. Her killer was able to enter her its adoption. ages of 18 and 24 die each year from alcohol- room because three doors which should Madam Speaker, I reserve the bal- related unintentional injuries, including have been locked were propped open. ance of my time. motor vehicle crashes; Shortly after her death, it was re- Mr. DAVIS of Illinois. Madam Speak- Whereas each year there is approximately vealed that America’s colleges and uni- er, I yield myself such time as I may $2.8 million worth of property damage from versities reported only 4 percent of consume. fires on-campus; Madam Speaker, I am pleased to join crime statistics. Because of this, Con- Whereas Security On Campus, Inc., a na- in support of H. Res. 15, supporting the gress passed the Jeanne Clery Disclo- tional group dedicated to promoting safety goals and ideals of National Campus and security on college and university cam- sure of Campus Security Policy and Safety Awareness Month. puses, has designated September as National Campus Crime Statistics Act, which re- The first weeks of college are an Campus Safety Awareness Month; and quires colleges and universities to fully Whereas the designation of National Cam- amazing time for young people in report the number of crimes that occur America. As a matter of fact, I was pus Safety Awareness Month provides an op- on their campuses each year so that portunity for colleges and universities to in- jokingly thinking to myself of a few form students about existing campus crime parents and students can know what years ago when I first entered. College trends, campus security policies, crime pre- the safety situation is and the crime represents the culmination of years of vention techniques, fire safety, and alcohol situation is on particular college cam- hard work by both students and their and other drug education, prevention, and puses. families. treatment programs: Now, therefore, be it Before that act was passed, many col- For most, going to college is a stu- Resolved, That the House of Representa- leges and universities tried to cover up dent’s first time away from home. Un- tives supports the goals and ideals of Na- what was a truly serious situation, and tional Campus Safety Awareness Month. fortunately, a time that should be full almost every college that has had a se- of joy and eager anticipation for col- The SPEAKER pro tempore. Pursu- rious problem has attempted to do lege students is also a very dangerous ant to the rule, the gentleman from more and better in this area in enforc- time. This time has been dubbed the Tennessee (Mr. DUNCAN) and the gen- ing the laws on campuses since that ‘‘red zone’’ by some because of the risk tleman from Illinois (Mr. DAVIS) each act was passed. of becoming a victim of campus crime will control 20 minutes. The statistics reported since then being so high. The Chair recognizes the gentleman have been very unsettling, however. As Each year, over 600,000 students be- from Tennessee (Mr. DUNCAN). proof, a total of 86 homicides, 7,648 sex tween the ages of 18 and 24 are victims GENERAL LEAVE offenses, 9,649 aggravated assaults, and of crimes and accidents on college cam- Mr. DUNCAN. Madam Speaker, I ask 3,590 arsons were reported on campuses puses. In addition, the cost of public unanimous consent that all Members from 2000 to 2002. These incidents occur and private property damage that re- may have 5 legislative days within on campuses of all sizes all over the sults from campus crime is in the mil- which to revise and extend their re- country. lions. marks and include extraneous material In August of 1988, Tommy Baer, a Sexual and physical assaults are par- on H. Res. 15, as amended. student at the University of Ten- ticularly rampant on college campuses, The SPEAKER pro tempore. Is there nessee’s Knoxville campus in my dis- placing females at greater risk. Nearly objection to the request of the gen- trict, was fatally stabbed in the door- one-quarter of all female college stu- tleman from Tennessee? way of his fraternity house. His death dents are victims of either attempted There was no objection. was senseless. The person who stabbed rape or rape during their college years. Mr. DUNCAN. Madam Speaker, I Tommy was belligerently drunk and The majority of these assaults are yield myself such time as I may con- had been harassing people inside the committed by people those women sume. house for most of the night. Even as we know. Students are more likely to be- House Resolution 15 expresses the speak, most people have heard about come victims of crimes or have acci- sense of the House of Representatives the tragic case of Taylor Behl, who dents when alcohol is involved. that it support the goals and ideals of may be the latest young person living Security on Campus, Incorporated, is a National Campus Safety Awareness on a campus victimized by someone. a national nonprofit organization that Month. This resolution’s support of Sep- works to eliminate campus crime. The Each fall, thousands of freshmen tember as National Campus Safety organization provides legal advice to begin their college careers without Awareness month will help make in- victims of campus crime, works to se- taking the adequate precautions to coming college freshmen aware that cure campus improvements that reduce protect themselves from real-world these types of dangers are out there. safety and security risks, and provides threats to their safety. Students often Adoption of this resolution also pro- programs that help reduce the abuse of do not think about dangers like theft, vides an opportunity for colleges to in- drugs and alcohol. date rape, assault, or even other more form students about existing campus Fueled by a desire to help secure our serious invasions of privacy and more crime trends, campus security policies, Nation’s college campuses and by the serious crimes. crime prevention techniques, fire safe- knowledge that the public is unaware According to the nonprofit organiza- ty and alcohol and other drug edu- of the scope of safety issues that exist tion Security on Campus, between one- cation, prevention, and treatment pro- on campuses, Security on Campus, In- fifth and one-quarter of female stu- grams. corporated, declared September to be

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22363 National Campus Safety Awareness Awareness Month in order to educate com- Mr. DAVIS of Illinois. Madam Speak- Month. I support this action as a con- munities across the Nation about pancreatic er, I yield myself such time as I may cerned citizen and as a parent. The cancer and the need for research funding, consume. need for safer environments in our Na- early detection methods, effective treat- Madam Speaker, the cancer of the ments, and prevention programs: Now, there- tion’s colleges and universities is crit- fore, be it pancreas stands out as a highly lethal ical to the success of our youth. Resolved, That the House of Representa- disease, with its victims facing the Madam Speaker, I support H. Res. 15 tives supports the goals and ideals of Pan- poorest likelihood of survival of all because I feel that the issue of campus creatic Cancer Awareness Month. those who survive major malignancies. safety is of national importance. I The SPEAKER pro tempore. Pursu- It accounts for only 2 percent of all want to thank the gentleman from ant to the rule, the gentleman from newly diagnosed cancers in the United Tennessee for his introduction of this Tennessee (Mr. DUNCAN) and the gen- States each year, but 5 percent of all resolution and for his thoughtfulness tleman from Illinois (Mr. DAVIS) each cancer deaths. It is the fourth leading in making us aware of this issue and will control 20 minutes. cause of cancer-related deaths. raising the awareness around campus The Chair recognizes the gentleman Only 4 percent of patients survive be- safety. from Tennessee (Mr. DUNCAN). yond 5 years. Men have higher Madam Speaker, I yield back the bal- GENERAL LEAVE incidences and mortality rates of pan- ance of my time. Mr. DUNCAN. Madam Speaker, I ask creatic cancer than women in each ra- Mr. DUNCAN. Madam Speaker, I unanimous consent that all Members cial or ethnic group. Black men and urge all Members to support the adop- may have 5 legislative days within women have incidences and mortality tion of H. Res. 15, as amended, and I which to revise and extend their re- rates that are 50 percent higher than yield back the balance of my time. marks and include extraneous material the rates of whites. Rates for Hispanics The SPEAKER pro tempore. The on H. Res. 276. and the Asian American groups are question is on the motion offered by The SPEAKER pro tempore. Is there generally lower than that of whites. the gentleman from Tennessee (Mr. objection to the request of the gen- Cigarette smoking has been identified DUNCAN) that the House suspend the tleman from Tennessee? consistently as an important part of rules and agree to the resolution, H. There was no objection. the cause. Res. 15, as amended. Mr. DUNCAN. Madam Speaker, I Most pancreatic cancers arise from The question was taken; and (two- yield myself such time as I may con- the ductal cells of the pancreas. The thirds having voted in favor thereof) sume. pancreas, an organ situated deep in the the rules were suspended and the reso- Madam Speaker, House Resolution abdominal cavity, serves several crit- lution, as amended, was agreed to. 276, offered by the distinguished gen- ical functions. It produces enzymes A motion to reconsider was laid on tleman from Pennsylvania (Mr. that are delivered to the small intes- the table. PLATTS), would increase awareness tines to aid in the digestion of food, f about a horrible disease, pancreatic and it controls sugar levels in the cancer. body. SUPPORTING THE GOALS AND This year, over 31,000 people will be b 1445 IDEALS OF PANCREATIC CANCER diagnosed with pancreatic cancer. Be- AWARENESS MONTH cause of the lack of early detection The disease is often far advanced by Mr. DUNCAN. Madam Speaker, I methods, 99 percent of those diagnosed the time symptoms occur and a diag- move to suspend the rules and agree to will lose their lives, the highest mor- nosis made. the resolution (H. Res. 276) supporting tality rate of any form of cancer. By The Pancreatic Cancer Action Net- the goals and ideals of Pancreatic Can- the time the symptoms present them- work is dedicated to focusing national cer Awareness Month. selves, it is almost always too late for attention on the need to find a cure for The Clerk read as follows: a positive prognosis. Diagnosed pa- pancreatic cancer. I support this resolution and Pan CAN’s efforts to des- H. RES. 276 tients have an average life expectancy of only 3 to 6 months. ignate November as Pancreatic Cancer Whereas over 31,860 people will be diag- Awareness Month. nosed with pancreatic cancer this year in the Although pancreatic cancer is the United States; fourth most common cancer, many Madam Speaker, I yield such time as Whereas the mortality rate for pancreatic Americans are not aware of the dev- she may consume to the gentlewoman cancer is 99 percent, the highest of any can- astating statistics associated with the from Texas (Ms. JACKSON-LEE). cer; disease. Currently, the Pancreatic Can- Ms. JACKSON-LEE of Texas. Madam Whereas pancreatic cancer is the 4th most cer Action Network, known as Pan Speaker, I thank the distinguished gen- common cause of cancer death in the United CAN, is the only national advocacy or- tleman for his leadership and for yield- States; ganization available for pancreatic ing me this time, and I thank the spon- Whereas there are no early detection meth- sors of this legislation. I rise to sup- ods and minimal treatment options for pan- cancer patients as well as their fami- creatic cancer; lies and friends. This outstanding orga- port this resolution, which is H. Res. Whereas when symptoms of pancreatic nization exists to create awareness, pa- 276, which is supporting the goals and cancer generally present themselves, it is tient support, professional education ideals of Pancreatic Cancer Awareness too late for an optimistic prognosis, and the and advocacy for pancreatic cancer Month. average survival rate of those diagnosed with funding. We know that cancer can be deadly, metastasis disease is only three to six Pan CAN regards each November as but early detection is crucial. We also months; Pancreatic Cancer Awareness Month. know how devastating the diagnosis of Whereas pancreatic cancer does not dis- pancreatic cancer can be because of its criminate by age, gender, or race, and only With the adoption of House Resolution four percent of patients survive beyond five 276, Congress would be further increas- rapid decline in the individual that has years; ing awareness of pancreatic cancer. As this particular disease. I know first- Whereas the Pancreatic Cancer Action a Nation, we desperately need to im- hand from a prominent citizen in my Network (PanCAN), the first national pa- prove detection and treatment ap- community, someone who was vibrant tient advocacy organization serving the pan- proaches and avenues. This is a cancer and contributing, who suffered through creatic cancer community, focuses its efforts that has touched many people, includ- the disease of pancreatic cancer, hav- on public policy, research funding, patient ing the only brother of one of my ing good days and bad days, having re- services, and public awareness and education coveries and then relapses. related to developing effective treatments brothers-in-law, a young boy who and a cure for pancreatic cancer; and passed away at the age of 13 with this So I believe it is extremely impor- Whereas the Pancreatic Cancer Action very devastating disease. tant that we make the Nation aware of Network has requested that the Congress Madam Speaker, I reserve the bal- the deadliness of this particular form designate November as Pancreatic Cancer ance of my time. of cancer and the ability to continue to

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22364 CONGRESSIONAL RECORD—HOUSE October 6, 2005 provide the instrument of early detec- someone in order to save a life. Campus Whereas, despite the racism they faced, tion. I rise in support of this legisla- safety also means campus involvement Negro basketball teams overcame great ob- tion, and as I do so, might I say and and campus recognition that we are in stacles to play the game before black players make a few comments about a number fact our brothers’ and sisters’ keeper. were allowed to play in the National Basket- ball Association in the early 1950s; of resolutions that I would like to add I would ask my colleagues to support Whereas the New York Rens became one of a voice of support. the underlying bill which deals specifi- the first great basketball dynasties in the Let me rise in support as well for S. cally with the idea of supporting the history of the game, compiling a 2,588–539 1413, the Colin L. Powell Residential goals and ideals of Pancreatic Cancer record in its 27-year existence, winning 88 Plaza Redesignation Act, that redesig- Awareness Month, and, of course, I straight games in the 1932–33 season, and nates the plaza in Jamaica, West In- thank my colleagues for allowing me winning the 1939 World Professional Cham- dies, in honor of General Colin L. Pow- to submit statements on behalf of the pionship; ell, the former Secretary of State. We above-mentioned resolutions. Whereas the Harlem Globetrotters proved appreciate his leadership, his dedica- that they were capable of beating profes- Mr. DAVIS of Illinois. Madam Speak- sional teams like the World Champions Min- tion to service and, as well, the state- er, I have no further requests for time, neapolis Lakers led by basketball great ment that his family made coming and I yield back the balance of my George Mikan in 1948; here to the United States from Ja- time. Whereas the barnstorming African-Amer- maica, West Indies, being immigrants Mr. DUNCAN. Madam Speaker, I ican basketball teams included exceptionally and then, of course, being contributing have no additional requests for time, I talented players and shaped modern-day bas- members of this Nation and, of course, urge all Members to support the adop- ketball by introducing a new style of play to the United States armed services. tion of H. Res. 276, and I yield back the predicated on speed, short crisp passing tech- Likewise, I would like to join my niques, and vigorous defensive play; balance of my time. Whereas among the pioneers who played on friend and colleague, the gentleman The SPEAKER pro tempore (Mrs. black barnstorming teams included players from Illinois (Mr. DAVIS), in his resolu- BIGGERT). The question is on the mo- such as Tarzan Cooper, Pop Gates, John tion authorizing the use of the Capitol tion offered by the gentleman from Isaacs, Willie Smith, Sweetwater Clifton, grounds for an event to commemorate Tennessee (Mr. DUNCAN) that the House Ermer Robinson, Bob Douglas, Pappy Ricks, the tenth anniversary of the Million suspend the rules and agree to the reso- Runt Pullins, Goose Tatum, Marques Man March, and let me salute the con- lution, H. Res. 276. Haynes, Bobby Hall, Babe Pressley, Bernie cept of the Nation of Islam and Prime The question was taken. Price, Ted Strong, Inman Jackson, Duke Minister Farrakhan for understanding Cumberland, Fat Jenkins, Eddie Younger, The SPEAKER pro tempore. In the Lou Badger, Zachary Clayton, Jim Usry, it is a million more, for inviting com- opinion of the Chair, two-thirds of Sonny Boswell, and Puggy Bell; munities from all over America, di- those present have voted in the affirm- Whereas the struggles of these players and verse ethnic and religious groups and ative. others paved the way for current African racial groups to come simply to say Mr. DAVIS of Illinois. Madam Speak- American professional players, who are play- that the poor have not been forgotten. er, on that I demand the yeas and nays. ing in the National Basketball Association I hope that as we commemorate, we The yeas and nays were ordered. today; will set a legislative agenda to turn The SPEAKER pro tempore. Pursu- Whereas the style of black basketball was around and to change America for the more conducive to a wide open, fast-paced ant to clause 8 of rule XX and the spectator sport; better. Chair’s prior announcement, further Whereas, by achieving success on the bas- I add my support for H.R. 15, which proceedings on this motion will be ketball court, African-American basketball deals with the supporting of the goals postponed. players helped break down the color barrier and ideals of the National Campus and integrate African-Americans into all as- f Safety Awareness Month. I do that for pects of society in the United States; a general reason, but also, Madam RECOGNIZING THE CONTRIBU- Whereas, during the era of sexism and gen- Speaker, for a personal reason. I have TIONS OF AFRICAN-AMERICAN der barriers, barnstorming African-American two young people in my family, my BASKETBALL TEAMS AND PLAY- basketball was not limited to men’s teams, daughter and my son, who are on col- but included women’s teams as well, such as ERS FOR THEIR ACHIEVEMENTS, the Chicago Romas and the Philadelphia lege campuses today. I can assure you DEDICATION, AND CONTRIBU- Tribunes; that, as a parent, you send your child TIONS TO THE SPORT OF BAS- Whereas only in recent years has the his- off with the best intentions, but it is KETBALL AND TO THE NATION tory of African-Americans in team sports also very important to remind them Mr. DUNCAN. Madam Speaker, I begun receiving the recognition it deserves; nationally, if you will, even from the Whereas basketball is a uniquely modern move to suspend the rules and agree to podium of the United States Congress, and uniquely American sport; the concurrent resolution (H. Con. Res. that all young people should be aware Whereas the Black Legends of Professional 59) recognizing the contributions of Af- of the dangers of overdosing on drugs, Basketball Foundation, founded by former rican-American basketball teams and Harlem Globetrotter Dr. John Kline, of De- of alcohol abuse, of hazing, of the dan- players for their achievements, dedica- troit, Michigan, honors and highlights the gers of altercations between students. tion, and contributions to the sport of significant contributions of these pioneers Just this past couple of months, we basketball and to the Nation. and their impact on professional basketball buried a very bright young man in our The Clerk read as follows: today; and community that we still mourn, and Whereas the hard work and efforts of the we do so because, unfortunately, he H. CON. RES. 59 foundation have been instrumental in bring- lost his life in an altercation and brawl Whereas, even though African-Americans ing African-American inductees into the on his campus, through no fault of his were excluded from playing in organized Naismith Memorial Basketball Hall of Fame white-only leagues, the desire of African- in Springfield, Massachusetts: Now there- own, a bright, energetic and talented Americans to play basketball could not be fore, be it young man. His family still mourns, repressed; Resolved by the House of Representatives (the and his mother is seeking to be en- Whereas, unlike baseball, which had Negro Senate concurring), That— gaged in campus safety, and I look for- leagues, basketball had no organized black (1) Congress recognizes the teams and play- ward to working with her, so that we leagues, thus forcing blacks to take to the ers of the barnstorming African-American can find ways to touch students and road out of necessity; basketball teams for their achievement, touch their hearts. Whereas among the most well-known black dedication, sacrifices, and contribution to This legislation is so very important, barnstorming teams who found their begin- basketball and to the Nation prior to the in- because at least it makes a public and nings in the 1920s were the New York Renais- tegration of the white professional leagues; sance (or Rens), the Harlem Globetrotters, (2) current National Basketball Associa- national statement that young people the New York Enforcers, the Harlem Clowns, tion players should pay a debt of gratitude should be safe, but they should also be the Harlem Road Kings, the Harlem Stars, to those great pioneers of the game of bas- their brothers’ and sisters’ keeper. the Harlem Ambassadors, and the Philadel- ketball and recognize them at every possible When you see something going on, tell phia Tribunes; opportunity; and

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22365 (3) a copy of this resolution be transmitted part to facilitate racial integration in The Basketball Legends Professional to the Black Legends of Professional Basket- all aspects of American life. They were Foundation is here to recognize and to ball Foundation, which has recognized and an inspiration to many. assist, under Dr. John Kline’s leader- commemorated the achievements of African- Therefore, I encourage my colleagues ship, that men be inducted into the American basketball teams, the National Basketball Association, and the Naismith to support this resolution, and I con- Michigan Sports Hall of Fame as Dr. Basketball Hall of Fame. gratulate the gentlewoman from Kline has done. It is important that we Michigan on her efforts. The SPEAKER pro tempore. Pursu- continue the sport of basketball. Not Madam Speaker, I reserve the bal- ant to the rule, the gentleman from only is it a character-building, com- ance of my time. petition-raising, beautiful sport, it also Tennessee (Mr. DUNCAN) and the gen- Mr. DAVIS of Illinois. Madam Speak- offers cities around the country the op- tleman from Illinois (Mr. DAVIS) each er, I yield such time as she may con- portunity to participate. I would like will control 20 minutes. sume to the sponsor of this resolution, The Chair recognizes the gentleman to at this time send a shout out to the the gentlewoman from Michigan (Ms. Detroit Pistons, world champions in from Tennessee (Mr. DUNCAN). KILPATRICK). 2003 and also in the semifinals in 2004. GENERAL LEAVE Ms. KILPATRICK of Michigan. So as we pay homage to Earl Lloyd, Mr. DUNCAN. Madam Speaker, I ask Madam Speaker, I thank the gen- a former 1950’s basketball player from unanimous consent that all Members tleman from Illinois for yielding me my district, as well as some of the oth- may have 5 legislative days within this time, and I thank the gentleman ers that came before him, let us re- which to revise and extend their re- from Tennessee for controlling the member that the NBA was started marks and include extraneous material time and allowing us to present this to many years after the African-American on H. Con. Res. 59. the American people. basketball players played their sport. The SPEAKER pro tempore. Is there I first want to thank Dr. John Kline, Together it has evolved into a wonder- objection to the request of the gen- a psychologist in my district who has ful sport. I urge my colleagues to adopt tleman from Tennessee? been on this for many years. He is a this resolution. It is called the resolu- There was no objection. former Harlem Globetrotter and now a tion recognizing the contributions of Mr. DUNCAN. Madam Speaker, I psychologist in the City of Detroit who African American basketball teams yield myself such time as I may con- has been working tirelessly with me to that started in the 1920s. sume. see that we honor the men, particu- Madam Speaker, I thank the gen- Madam Speaker, I rise in support of larly the men, and now the women who tleman from Tennessee as well as the H. Con. Res. 59 introduced by the display in the WNBA, for their talent and gentleman from Illinois, and let us con- tinguished gentlewoman from Michi- for their commitment to the sport of tinue to remember that through com- gan (Ms. KILPATRICK). This resolution basketball. Dr. Kline has been working petition and sports, we too can build a would recognize the dedication of Afri- on this for some time, and he estab- strong America and a strong family. can-American basketball players who lished in 1996 the Black Legends of Pro- Madam Speaker, in less than a month the played on the barnstorming teams of fessional Basketball Foundation where 2005–2006 professional basketball season will the early 1920s through the 1950s. The he works himself to see that the play- begin, and I am proud that the resolution motivation of these teams to organize ers reach the Hall of Fame in the bas- being considered today pays tribute to the despite being excluded from playing in ketball world. I want to thank Dr. founding African-American basketball teams the white-only structured teams and Kline for his tenacity, and my staff and players who made the game what it is leagues was truly a story of persever- thanks him, and we look forward to today. ance and honor. working with him. In the past, Congress has recognized the The history is very similar to the Basketball has been a dream come contributions of the Harlem Globetrotters, one Negro baseball leagues which have re- true for many young people in America of the first barnstorming teams that roamed ceived such honor and distinction in re- and around the world. They are able the United States before professional leagues cent years. One of the first basketball because of the pioneers who have gone were integrated, and the professional Negro dynasties, the New York Renaissance, before them to present themselves in Baseball Leagues. But no one until now, has was founded in 1923. The team’s name- the discipline and the competition that recognized the contributions of the early Afri- sake came from their home court, the the sport requires. I want to first say can-American basketball teams and their play- Harlem Renaissance Ballroom, in before there was a Bill Russell and a ers. which they played 27 seasons. The Ren- Cazzie Russell, as well as a Michael Before the New York Knicks of the newly aissance organized games each day of Jordan and Dr. J, in 1920, as was men- formed National Basketball Association signed the week and twice on Sundays. Be- tioned by my colleague, other gentle- Nathaniel ‘‘Sweetwater’’ Clifton in 1950, an Af- cause the racial climate of the 1930s men came forth and began to play or- rican-American, organized professional bas- was often harsh and unforgiving, while ganized basketball that began and cre- ketball was a whites-only sport. Accompanying away from their home court, the Rens ated a competition that endured in Clifton to the NBA were Earl Lloyd, and Chuck were often refused food and board. men the skill, the tenacity, the com- Cooper. Cooper, Lloyd, and Clifton may not be Other barnstorming teams included the mitment and the competition to move household names, but their place in the NBA’s Harlem Globetrotters, the New York forward. history will be secure forever. Enforcers and the Philadelphia Tri- As was mentioned, in 1922, the first The First white pro-basketball team was bunes. team, the New York Renaissance was founded in 1914. Not only did these players bring or- established, and in the 27 years that The first African-American team came into ganized basketball to all those who followed, they played every year. After being in 1922 with the organization of the New may not have had the opportunity to them, in 1930, the Harlem Globetrotters York Renaissance. They were known as the play, but they also helped influence the were organized to play basketball, and New York Rens. The New York Rens became way basketball is played today. The even though they could not play in the one of the first great basketball dynasties in fast pace of the game and the short, NBA, they continued to play. the history of the game, compiling a 2,588– concise passing techniques originated It is important that as we move into 539 record in its 27-year span as an orga- with the talented players that domi- this new season of the NBA, which will nized basketball team. nated the barnstorming teams. More be starting in the next month, that we The New York Globetrotters—the forerunner importantly, on April 25, 1950, the first not forget those who set the pace, both of the Harlem Globetrotters—were organized African-American player was drafted African-Americans as well as Euro- in 1930. Other teams that came into being in- into the National Basketball Associa- pean-Americans and others who played clude the New York Enforcers, the Harlem tion. the sport of basketball and brought it Clowns, the Harlem Road Kings, the Harlem By demanding respect on the basket- to our country and now around the Stars, the Harlem Ambassadors, and the ball court, these brave players did their world. Philadelphia Tribunes.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00012 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22366 CONGRESSIONAL RECORD—HOUSE October 6, 2005 African-American basketball teams had a black leagues. Black players responded in a professional environment where different style of play from their white, profes- by participating in barnstorming they could earn a livelihood. sional counterparts. They played for the ‘‘fast teams. Barnstorming clubs crossed the Madam Speaker, I yield such time as break’’, shot with one-hand, made short, crisp country to play wherever a club, black she may consume to the gentlewoman passes, and emphasized a vigorous style of or white, amateur or professional, from Texas (Ms. JACKSON-LEE). defense. Their style stood in marked contrast could be found. Three of the most well- Ms. JACKSON-LEE of Texas. Madam with the waltz-paced game played by the two- known black barnstorming teams of Speaker, let me thank the distin- hand set shooters of the all-white basketball the 1930s were the New York Renais- guished gentleman from Illinois (Mr. teams. These African-American barnstorming sance, the Harlem Globetrotters and DAVIS) for his kindness in yielding and teams introduced a style of play that makes the Philadelphia Tribunes. to the gentleman from Tennessee (Mr. the world sport of basketball the wide-open, DUNCAN), my Republican colleague, b 1500 fast paced game it is today. who is leading the debate on this issue, Before Bill Russell, Wilt Chamberlain, Founded in 1923 by Bob Douglas, a and might I add my deep appreciation Kareem Abdul Jabar, Julius Erving and Mi- British West Indies native, the New to the gentlewoman from Michigan chael Jordan, we celebrated basketball York Renaissance became one of the (Ms. KILPATRICK), the distinguished notables such as Tarzan Cooper, Pop Gates, first dynasties in basketball. Named Congresswoman, for the vision and wis- John Isaacs, and Goose Tatum just to name after the Harlem Renaissance Ballroom dom in working with the scholars who a few. which served as the team’s home court, understood that, for its history to be Their love for the game allowed them to the Rens played for 27 seasons and complete, we must not overlook the be- conquer many hardships on their barnstorming compiled a 2,588–539 record by playing ginnings of a sport that everyone tours. They traveled from town to town, often each day of the week and twice on Sun- thinks they can play. It is a wonder, as sleeping in their cars because they were re- days. you look at how basketball has ex- fused lodging. They were denied service at Due to the racial climate during the ploded over the last decades, and you restaurants and suffered all the indignities of 1930s, the Rens faced discrimination will see teams throughout the commu- Jim Crow laws. away from home. While on the road, nity; you will see the young teams, the The barnstorming African-American basket- the Rens often were refused lodging middle school teams, high school ball teams were exceptionally talented, and and food. The team ate cold sandwiches teams, the college teams, you will see they had the chance to prove it, when in 1948 and often slept on buses when excluded the community teams. Everyone loves the Harlem Globetrotters beat the world cham- from hotels. In the Midwest, the team basketball. But it is important for our pion Minneapolis Lakers led by pro-basket- would use Chicago or Indianapolis as history to be remembered and to be ball’s first big man, George Mikan, the game’s its base. The team would drive as far as honored. first superstar. 200 miles to play a game, drive back to So I rise today in support of this par- Special thanks go to Dr. John Kline, a Chicago or Indianapolis to sleep and do ticular resolution that deals with the former Globetrotter, who resides in Detroit, it all over again the next day. honoring of the very beginnings of bas- Michigan, which I am privileged to represent. Barnstorming was not limited to ketball amongst African-Americans. I Dr. Kline has made it his personal mission that men’s teams. There were two women’s support H. Con. Res. 59, recognizing the the great players who made this game what it black teams, the Chicago Romas and contributions of African-American basis today are not forgotten and that their leg- the Philadelphia Tribunes. ketball teams and players for their ends continue to be noted in the annals of Whether it was the Rens, the Chicago achievement, dedication and contribu- basketball history. Romas or the famed Harlem Globe- Dr. Kline founded in 1996 the Black Leg- tions. trotters, they were competitive and Madam Speaker, I would like to ends of Professional Basketball Foundation to dedicated to the sport despite the dis- make these points as I recognize the honor black pros who played prior to 1960. Dr. crimination they faced. work of my colleague. It is, of course, Kline was recently inducted into the Michigan I also would urge my colleagues to Sports Hall of Fame. The Foundation which he to be able to say that, as we look at support this resolution, and I, too, heads lobbies for African-American players to America’s history, we will find that would join the gentlewoman from De- be considered for induction into the National many aspects of African-American his- troit in acknowledging the prowess of Basketball Hall of Fame to make sure these tory have been missed. And it is never the Detroit Pistons in terms of winning men finally get their due—in much the same too late for us to come back and cor- their championship and being the run- way that Negro League baseball players have rect that absence. In this instance, it is ner-up. But of course, they have never finally begun to get recognition for their talents interesting to note that these basket- really been a match for the Chicago and sacrifices. ball teams of African-Americans, and We are proud of his work and a copy of this Bulls, who reside in my district, the as noted by my colleague from Illinois, resolution will be presented to the foundation, Seventh District of Illinois. men and women started as early as the the Naismith Basketball Hall of Fame, and the But not only are the Bulls there, but 1920s. National Basketball Association. the Reinsdorfs, who own the Bulls, are Might I remind my colleagues that it Mr. DAVIS of Illinois. Madam Speak- great civic and community leaders, was not too long into the 1920s or beer, I yield myself such time as I may being involved in activities that fore the 1920s that America was stran- consume. stretch from education to community gled by Jim Crow laws, which defined Madam Speaker, basketball was in- development to providing atmosphere separatism by blacks and whites, ter- vented in December 1891 by James and environment. My district has also ror in the deep south. And so for these Naismith at the YMCA’s School for been a prolific developer of NBA stars, teams to spring up, call themselves Christian Workers, now Springfield people like Mark Aguirre, Isaiah barnstorming and go about creating College in Springfield, Massachusetts. Thomas, Doc Rivers, Randy Brown, joy but also competition is a tribute Also, I guess it is also home to the Bas- who my wife taught in high school at that should be acknowledged. The fact ketball Museum Hall of Fame and just the George W. Collins High School, Mi- that they played for 27 years without a great place. chael Findley, Mickey Johnson, Kevin recognition and in discriminatory Within months, the game spread Garnett, who came from the Farragut times should be acknowledged. The across the country through a network high school where I used to teach, Tim fact that they were not in organized of YMCAs. Unfortunately, blacks were Hardaway, Terry Cummings, Dwayne leagues should be acknowledged. The excluded from professional sports at Wade, just to name a few. fact that they were men and women that time, when leagues were estab- And so, basketball has indeed been a should be acknowledged. And might I lished in the United States during the godsend for many young athletes, al- say that I hope that, as they may be in- late 19th and early 20th centuries. lowing them to not only get a good stalled into the Michigan Hall of Fame, Unlike baseball, which had the Negro education as a result of their athletic that they might find their way into the Leagues, basketball had no organized prowess, but also to become mainstays National Basketball Hall of Fame as

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22367 well. This legislation is long overdue, tions they have made over the years to There was no objection. and the leadership of my colleague improving the quality of life of all of Mr. DUNCAN. Madam Speaker, I should be applauded. our citizens across America, and par- yield myself as much time as I may Might I also say to my colleagues ticularly the work they have done in consume. I rise in support of H.R. 3439, that this speaks very loudly to the in- helping us with Hurricane Katrina and authored by the distinguished gen- appropriate statement that was made Hurricane Rita. tleman from North Carolina (Mr. just last week by Dr. Bill Bennett who I ask my colleagues to support this ETHERIDGE). noted that the reduction of crime could legislation. Again, I support enthu- This bill would designate the Post Of- be done by aborting every black baby. siastically and congratulate the gentle- fice in Smithfield, North Carolina, as And I think we should not forget that, woman from Michigan (Ms. KIL- the ‘‘Ava Gardner Post Office Build- as we look to honor those who are for- PATRICK) for her leadership on H. Con. ing.’’ All Members of the North Caro- gotten in history. For anyone to bla- Res. 59 and ask my colleagues to sup- lina delegation have cosponsored this tantly make such a statement in 21st port it. legislation. century America means that they have Mr. DAVIS of Illinois. Madam Speak- The life of Ava Gardner is a true forgotten the long years of prejudice er, I have no further requests for time, rags-to-riches story that started on a and discrimination that faced many Af- and I yield back the balance of my tobacco farm in the rural south. Born rican-Americans in many disciplines, time. and raised in Johnston County, North Mr. DUNCAN. Madam Speaker, I including sports and education and the Carolina, Ava Gardner had planned on urge all Members to support the adop- sciences and medicine; that they would becoming a secretary in her adult life. tion of H. Con. Res. 59. offer to suggest that the likes of those Madam Speaker, I yield back the bal- However, at the age of 18, a scout from who have been called on this floor, the ance of my time. MGM Studios offered her a 7-year con- likes of Colin Powell, the likes of The SPEAKER pro tempore (Mrs. tract from seeing a photo of her in the former Mayor Lee Brown, the likes of BIGGERT). The question is on the mo- window of her brother-in-law’s New Mark Morial, the likes of Sojourner tion offered by the gentleman from York photograph shop. Having no act- Truth, the likes of Mae Jemison, the Tennessee (Mr. DUNCAN) that the House ing an experience at all, Ava had to first black woman astronaut, all who suspend the rules and agree to the con- settle for scripts containing little bet- started out as black babies, would have current resolution, H. Con. Res. 59. ter than one-line bits. contributed only if they were aborted The question was taken; and (two- In 1946, she landed her first starring and would have helped to reduce crime. thirds having voted in favor thereof) role in the B-grade movie, Whistle I frankly believe that he should be sus- the rules were suspended and the con- Stop. Later that year, on loan from pended off the air, and I frankly believe current resolution was agreed to. MGM, Universal Studios cast her in her that these words, if he was in Congress, A motion to reconsider was laid on breakout hit, The Killers. Her career as should be taken down. the table. a leading lady then took off in such But as we celebrate, I hope that we f films as Magambo opposite Clark are reminded that every person, every Gable, The Barefoot Contessa and AVA GARDNER POST OFFICE person’s life who has the ability to con- Night of the Iguana, all between the tribute should be cherished, and we Mr. DUNCAN. Madam Speaker, I years of 1953 and 1964. should remind ourselves of their great move to suspend the rules and pass the Ava Gardner, the earthy girl from history. And so this legislation has a bill (H.R. 3439) to designate the facility North Carolina, had beaten the odds to very important place in history and a of the United States Postal Service lo- become one of Hollywood’s most fa- very important place for our colleagues cated at 201 North 3rd Street in Smith- mous icons. Today, anyone can view to celebrate the history of those early field, North Carolina, as the ‘‘Ava the personal effects and career arti- African-American sports persons and Gardner Post Office’’. facts of Ava’s extraordinary life at the basketball players. The Clerk read as follows: Ava Gardner Museum in Smithfield, I could not end my remarks without H.R. 3439 North Carolina. The museum enables trying to compete, though I am obvi- Be it enacted by the Senate and House of Rep- both young and old to experience the ously working hard to compete, by not- resentatives of the United States of America in history of classic cinema. I urge all Congress assembled, ing the history of the Houston Rockets Members to join me in saluting her and to give a shout out to my home SECTION 1. AVA GARDNER POST OFFICE. (a) DESIGNATION.—The facility of the dedication and perseverance towards team and to mention the early basket- United States Postal Service located at 201 her unlikely but spectacularly success- ball players. Probably there were some North 3rd Street in Smithfield, North Caro- ful career. earlier than this, but I might mention lina, shall be known and designated as the Madam Speaker, I reserve the bal- John Lucas, who now has a son playing ‘‘Ava Gardner Post Office’’. ance of my time. and will be entering a second genera- (b) REFERENCES.—Any reference in a law, Mr. DAVIS of Illinois. Madam Speak- tion of pro basketball players; and Cal- map, regulation, document, paper, or other er, I yield myself such time as I may record of the United States to the facility re- vin Murphy, who not only, along with ferred to in subsection (a) shall be deemed to consume. John, played basketball but were fix- be a reference to the ‘‘Ava Gardner Post Of- Madam Speaker, as a member of the tures in our community, contributed to fice’’. House Government Reform Committee, the lives of young people and turned The SPEAKER pro tempore. Pursu- I am pleased to join my colleague in their lives around and were role models ant to the rule, the gentleman from consideration of H.R. 3439, legislation for them; Olajuwon and the famous Tennessee (Mr. DUNCAN) and the gen- naming a postal facility in Smithfield, dream team that we had; and Clyde tleman from Illinois (Mr. DAVIS) each North Carolina, after Ava Gardner, an Drexler, who is a businessman and con- will control 20 minutes. illustrious actress often remembered as tributor in our community; Steve The Chair recognizes the gentleman the most beautiful in Hollywood his- Francis, who supports the programs of from Tennessee (Mr. DUNCAN). tory. This measure, which was intro- young people; Kenny Smith and many, GENERAL LEAVE duced by the gentleman from North many others who played for the Hous- Mr. DUNCAN. Madam Speaker, I ask Carolina (Mr. ETHERIDGE) on July 26, ton Rockets. unanimous consent that all Members 2005, and unanimously reported by our Might I say that we are still striving, may have 5 legislative days within committee on September 15, 2005, en- but I know that our day will come which to revise and extend their re- joys the support and cosponsorship of when we will be national basketball marks and include extraneous material the entire North Carolina delegation. champs. We look forward to cele- on H.R. 3439. Ava Lavinia Gardner was born in the brating the All-Stars in Houston this The SPEAKER pro tempore. Is there small town of Grabtown, North Caro- coming year, and we want to thank all objection to the request of the gen- lina, as the youngest of seven children. of our NBA players for the contribu- tleman from Tennessee? Ava Gardner’s film career began at the

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22368 CONGRESSIONAL RECORD—HOUSE October 6, 2005 age of 18 when an MGM agent saw her Mr. DUNCAN. Madam Speaker, I (3) subsection (k) of such section 8 and photograph in the window of her broth- yield back the balance of my time. paragraph (5) of such section 8(o), relating to er-in-law’s New York City photograph The SPEAKER pro tempore. The verification of income; studio. Her prolific film career includes question is on the motion offered by (4) paragraph (7)(A) of such section 8(o), re- the gentleman from Tennessee (Mr. lating to the requirement that leases shall roles in Mogambo (1953), for which she be for a term of 1 year; was nominated for an Academy Award DUNCAN) that the House suspend the (5) paragraph (8) of such section 8(o), relat- for Best Actress; The Barefoot rules and pass the bill, H.R. 3439. ing to initial inspection of housing units by Contessa (1954); The Sun Also Rises The question was taken; and (two- a public housing agency; (1957); On the Beach, (1959); The Night thirds having voted in favor thereof) (6) subsection (r)(1)(B) of such section 8, re- of the Iguana (1964), for which she was the rules were suspended and the bill lating to restrictions on portability; nominated for an Academy Award for was passed. (7) any regulation, notice, or order requir- Best Supporting Actress; and Regina A motion to reconsider was laid on ing prior approval by the Secretary with re- the table. spect to any addendum to the model lease Roma (1982). that permits lease terminations in the event f Ava Gardner was married to three that a tenant— legendary Hollywood actors, including b 1515 (A) was not eligible for assistance at the Mickey Rooney, Artie Shaw and Frank time of lease approval; Sinatra. She died in London on Janu- HURRICANE KATRINA EMERGENCY (B) would not have been eligible for assist- ary 25, 1990, of pneumonia at the age of HOUSING ACT OF 2005 ance if a criminal background check had 67 and was buried in Smithfield, North Mr. BAKER. Madam Speaker, I move been completed prior to lease approval; or Carolina, in the Gardner family plot to suspend the rules and pass the bill (C) would not have met that landlord’s screening criteria with respect to rent or near the Ava Gardner Museum. (H.R. 3894) to provide for waivers under certain housing assistance programs of credit history if a full a screening had been Madam Speaker, I commend my col- completed prior to lease approval; and league for speaking to honor Ava Gard- the Department of Housing and Urban (8) any regulation or Executive Order pro- ner, who rose from humble roots to be- Development to assist victims of Hurri- viding for access to Federally funded pro- come one of the most famous actresses cane Katrina in obtaining housing, as grams by eligible persons having limited in film history. amended. English proficiency. Madam Speaker, I yield back the bal- The Clerk read as follows: (c) TERMINATION OF AUTHORITY.—The pe- ance of my time. H.R. 3894 riod specified under this subsection is the 12- Mr. DUNCAN. Madam Speaker, I Be it enacted by the Senate and House of Rep- month period beginning on the date of the resentatives of the United States of America in enactment of this Act., unless before the ex- would just like to thank my colleague piration of the 6-month period beginning on from Illinois for his help on all of these Congress assembled, SECTION 1. SHORT TITLE. such date of enactment the Secretary makes resolutions. He is always such a gen- This Act may be cited as the ‘‘Hurricane a determination that waivers under this sec- tleman, so dignified. I have sometimes Katrina Emergency Housing Act of 2005’’. tion are no longer needed, in which case the said that east Tennessee, where I am SEC. 2. WAIVERS FOR SECTION 8 VOUCHER PRO- period specified under this subsection is the from, is the only part the whole coun- GRAM. 6-month period beginning on such date of entry where the people speak with abso- (a) IN GENERAL.—The Secretary of Housing actment. lutely no accent whatsoever, but I do and Urban Development (in this section re- SEC. 3. AUTHORITY OF THE SECRETARY TO DI- have to admit that the gentleman from ferred to as the ‘‘Secretary’’) may, for all or RECTLY ADMINISTER VOUCHERS any part of the period specified under sub- WHEN PHAS ARE UNABLE TO DO SO. Illinois has a beautiful voice, and it is section (c), waive any of the requirements If the Secretary of Housing and Urban De- always a pleasure to work with him. described in subsection (b) in the connection velopment determines that a public housing Madam Speaker, with that, I urge all with the provision of assistance under sec- agency is unable to implement the provi- Members to support the passage of H.R. tion 8(o) of the United States Housing Act of sions of subsection (o) of section 8 of the 3439. 1937 (42 U.S.C. 1437f(o)) on behalf of an indi- United States Housing Act of 1937 (42 U.S.C. Mr. ETHERIDGE. Madam Speaker, I rise vidual or family if— 1437f(o)) or section 2 of this Act due to the ef- today to urge my colleagues to support H.R. (1) the individual or family— fects of Hurricane Katrina or Hurricane Rita, the Secretary may— 3439, legislation to name the main post office (A) resides or resided, on August 25, 2005, in any area that is subject to a declaration by (1) directly administer any voucher pro- in Smithfield, North Carolina, in honor of Ava the President of a major disaster or emer- gram described in such subsection or in sec- Gardner. gency under the Robert T. Stafford Disaster tion 2 of this Act; and I am proud to be sponsor of this legislation Relief and Emergency Assistance Act (42 (2) perform the functions assigned to a pub- not only because Ava Gardner is a native of U.S.C. 5121 et seq.) in connection with Hurri- lic housing agency by such subsection or sec- our great State, but because growing up in cane Katrina; or tion 2 of this Act. Johnston County I was always aware of her (B) resides or resided, on September 24, SEC. 4. WAIVERS FOR PROJECT-BASED SECTION 8 accomplishments and of the lives she touched 2005, in any area that is subject to a declara- TO FACILITATE HOUSING OF AF- FECTED FAMILIES. around the world. tion by the President of a major disaster or (a) IN GENERAL.—For all or part of the pe- Ava Gardner lived the American Dream but emergency under the Robert T. Stafford Dis- aster Relief and Emergency Assistance Act riod specified under subsection (c), the Sec- never forgot her humble beginnings in John- (42 U.S.C. 5121 et seq.) in connection with retary of Housing and Urban Development ston County, her high school days at Rock Hurricane Rita; (in this section referred to as the ‘‘Sec- Ridge or her days at Atlantic Christian Col- (2) the residence of the individual or family retary’’) may waive the applicability of any lege. Ava Gardner’s career spanned five dec- became uninhabitable or inaccessible as re- of the requirements described subsection (b) ades, and she was America’s sweetheart dur- sult of such major disaster or emergency; with respect to any housing provided ing Hollywood’s Golden Age. and project-based assistance under section 8 of This small town girl was a big time celebrity. (3) as of the date referred to in paragraph the United States Housing Act of 1937 (42 U.S.C. 1437f) for any individual or family In fact, she was the first woman from North (1), as applicable, rental assistance under such section 8(o) was provided on behalf of that meets the requirements of paragraphs Carolina to grace the cover of Time Magazine. such individual or family. (1) and (2) of section 2(a) of this Act. She was also a patriot who performed for our (b) WAIVER OF ELIGIBILITY REQUIRE- (b) PROVISIONS WAIVED.—The requirements servicemen and a tireless leader in the fight MENTS.—The requirements described in this described in this subsection are— against cancer. subsection are the requirements under— (1) section 3(a) of the United States Hous- Ava represents the can-do attitude and pa- (1) paragraph (2) of section 8(o) of the ing Act of 1937 (42 U.S.C. 1437a(a)), relating triotism embodied by the people of Smithfield United States Housing Act of 1937 (42 U.S.C. to tenant contributions towards rent, except and Johnston County. At the request of the 1437f(o)(2)), relating to tenant contributions that any such waiver shall expire on an indi- towards rent, except that any such waiver vidual’s return to work; Mayor and Town Council of Smithfield, I was shall expire on an individual’s return to (2) section 8(k) of such Act, relating to pleased to introduce this legislation in July and work; verification of income; work for its passage. (2) paragraph (4) of such section 8(o), relat- (3) section 8(d)(1)(B)(i) of such Act, relating I urge my colleagues to support H.R. 3439 ing to the eligibility of individuals to receive to the requirement that leases shall be for a and honor a famous North Carolinian. assistance; term of 1 year;

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22369 (4) any requirement relating to initial in- this Act, the Secretary of Housing and Urban In an effort to better address the spection of housing units by a public housing Development shall compile and submit to needs of individuals and families dis- agency; the Congress an aggregate inventory com- placed by the storms, DOD, HUD, Vet- (5) any regulation, notice, or order requir- prised of the inventory compiled by the Sec- erans Affairs, and government-spon- ing prior approval by the Secretary with re- retary pursuant to subsection (a) and all the spect to any addendum to the model lease inventories submitted to the Secretary pur- sored enterprises are instructed to that permits lease terminations in the event suant to such subsection. compile a list of Federal, civilian, and that a tenant— SEC. 7. GAO REPORT ON STATE EMERGENCY defense facilities that can be used as (A) was not eligible for assistance at the HOUSING PLANS. temporary housing, as locations to time of lease approval; Not later than 180 days after the date of construct or deploy temporary housing (B) would not have been eligible for assist- the enactment of this Act, the Comptroller or provide permanent housing. This in- ance if a criminal background check had General of the United States shall submit a formation is to be coordinated by HUD been completed prior to lease approval; or report to the Congress— within 30 days of enactment of the bill, (C) would not have met that landlord’s (1) identifying any States that have devel- screening criteria with respect to rent or oped emergency housing contingency plans and the Secretary of HUD is required credit history if a full a screening had been for use in the event of a disaster; to report to the Congress accordingly. completed prior to lease approval; and (2) describing such plans; and GAO is also instructed to conduct a (6) any regulation or Executive Order pro- (3) assessing the effectiveness of such study of State emergency plans to as- viding for access to Federally funded pro- plans. sess their effectiveness. grams by eligible persons having limited The SPEAKER pro tempore (Mrs. I would also want to speak to the English proficiency. BIGGERT). Pursuant to the rule, the role of the gentleman from Louisiana (c) TERMINATION.—The period specified under this subsection is the 12-month period gentleman from Louisiana (Mr. BAKER) (Mr. ALEXANDER), who has worked tire- beginning on the date of the enactment of and the gentlewoman from California lessly on this important legislation, is this Act., unless before the expiration of the (Ms. WATERS) each will control 20 min- the principal author of the measure, 6-month period beginning on such date of en- utes. and with his assistance brings it to the actment the Secretary makes a determina- The Chair recognizes the gentleman floor for consideration of the bill. tion that waivers under this section are no from Louisiana (Mr. BAKER). I would urge my colleagues to sup- longer needed, in which case the period spec- Mr. BAKER. Madam Speaker, I yield port final passage. ified under this subsection is the 6-month pe- myself such time as I may consume. Madam Speaker, I reserve the bal- riod beginning on such date of enactment. Madam Speaker, I rise today in ance of my time. SEC. 5. PRESERVATION OF PROJECT-BASED SEC- TION 8 HOUSING ASSISTANCE PAY- strong support of H.R. 3894, Hurricane Ms. WATERS. Madam Speaker, I MENTS CONTRACTS FOR DAMAGED Katrina Emergency Housing Act of yield myself such time as I may con- OR DESTROYED HOUSING UNITS. 2005. The legislation authorizes the sume. Notwithstanding any other provision of Secretary of the Department of Hous- Madam Speaker, a little over a law, a project-based housing assistance pay- month ago, the gulf coast region was ments contract entered into pursuant to sec- ing and Urban Development to waive tion 8 of the United States Housing Act of several limitations on the rental struck with one of the worst natural 1937 (42 U.S.C. 1437f) covering a project dam- voucher programs. These waivers will disasters ever to fall upon this country, aged or destroyed by Hurricane Katrina or allow us to help families who have been Hurricane Katrina followed by Hurri- Hurricane Rita shall not expire or be termi- displaced by the hurricanes to move cane Rita. nated because of the damage or destruction quickly to secure shelter they so des- In its wake, Katrina left hundreds of of dwelling units in the project. The expira- perately need. thousands of homes destroyed, over 1 tion date of the contract shall be deemed to Having a roof over your head is one million citizens displaced, and count- be the later of the date specified in the contract or a date ending three months after the of the most basic human needs. In the less families separated. units are first made habitable. aftermath of the storms, Federal and Madam Speaker, after the hurricane, SEC. 6. REPORT ON INVENTORY OF AVAILABILITY local governments now face the monu- hundreds of thousands of people were OF FACILITIES AND PROPERTIES mental task of coordinating the reloca- forced into churches, armories, hotels, FOR HOUSING USE. tion of thousands upon thousands of in- community centers, Red Cross-man- (a) COMPILING OF INVENTORY.—Not later dividuals across the entire Nation. aged shelters, the Cajun Dome, the Su- than 20 days after the date of the enactment This legislation will assist those dis- perdome, the Astrodome and on and on of this Act— (1) the Secretary of Housing and Urban De- placed individuals and families who are and on. Almost 5 weeks after Katrina, velopment, the Secretary of Defense, the Ad- already receiving assistance under sec- more than 100,000 people are still living ministrator of the General Services Adminis- tion 8 to quickly find housing, and I in shelters, over 442,000 more in hotels, tration, the Secretary of Agriculture, the wish to reiterate the point: this assist- 4,600 on cruise ships, and untold others Secretary of Veterans Affairs, and such ance being modified is for those cur- are camping out. other agency heads as the Secretary of Hous- rently qualified to receive section 8 as- Now, certainly shelters are a short- ing and Urban Development determines ap- sistance. Under the bill, HUD is given term solution. None of us can be satis- propriate, and the Federal National Mort- the statutory authority to waive the fied with what we have accomplished gage Association and the Federal Home Loan Mortgage Corporation, shall compile an in- section 8 voucher eligibility require- to date. We are failing to manage a ventory of Federal civilian and defense fa- ments for a period not to exceed 1 year. credible program to house these hurri- cilities (or, in the case of the Federal Na- Specifically, HUD is given the author- cane victims. We can do better than tional Mortgage Association and the Federal ity to waive tenant contributions to- that. Home Loan Mortgage Corporation, prop- ward rent eligibility of individuals to We in the Congress of the United erties held by such entities) that— receive assistance, income verification, States as public policy-makers have a (A) identifies such facilities and properties 1-year lease term, initial inspections of responsibility to these victims to pro- that can be used— housing units, portability restrictions, vide swift and targeted resources in (i) to provide emergency housing; (ii) as locations for the construction or de- model leasing, and English proficiency order to assist in the reconstruction of ployment of temporary housing units; or regulations. homes, communities, and cities. (iii) to provide permanent housing; and This bill provides similar waivers for Today, we have three Katrina-related (B) for each such facility and property in- the project-based section 8 program housing bills on the suspension cal- cluded, identifies the appropriate use or uses with the exception of eligibility of in- endar. None of them are adequate to do under clauses (i) through (iii) of subpara- dividuals to receive assistance. what needs to be done to get people out graph (A); and In addition, H.R. 3894 includes a proof shelters, to get people into viable (2) each such agency head and entity shall vision to preserve existing project- temporary housing, or to rebuild the submit the inventory compiled pursuant to based section 8 housing assistance pay- paragraph (1) to the Secretary of Housing housing that has been lost in the gulf and Urban Development. ments contracts for those who were ei- region. (b) REPORT TO CONGRESS.—Not later than ther damaged or destroyed due to hur- H.R. 3894 provides temporary waivers 30 days after the date of the enactment of ricanes Katrina and Rita. for several bureaucratic provisions

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22370 CONGRESSIONAL RECORD—HOUSE October 6, 2005 within the section 8 housing program, ‘‘Two weeks before President Bush’s about how we are going to build perma- but it does nothing in the way of add- mid-October goal for moving Hurricane nent low- and moderate-income housing new vouchers or addressing the im- Katrina victims out of shelters, more ing. Right now we are failing. mediate need for housing construction than 100,000 people still reside in such Madam Speaker, I reserve the bal- in the affected areas; nor does this bill makeshift housing, and 400,000 more ance of my time. attempt to address the existing afford- are in hotel rooms costing up to $100 a Mr. BAKER. Madam Speaker, I yield able housing crisis in other parts of the night. Housing options promised by the myself such time as I may consume. country, especially those cities pro- Federal Government a month ago have I would just like to state that I agree viding shelter for the evacuees. largely failed to materialize. Cruise with much of what the gentlewoman Madam Speaker, instead of providing ships and trailer parks have so far had to offer to the House in her com- additional resources to programs which proved in large part to be unworkable, ments with regard to long-term and we know work and which we know have while an American Red Cross program, permanent assistance for those dis- the infrastructure to provide imme- paid for by the Federal Government located by the storms. I certainly believe that people should diate relief and assistance to those that allows storm victims to stay in be given the ability to make the best most in need, we have again left the motels or hotels is scheduled to expire choices for their families, take vouch- door open for another blank check to October 15. be written by FEMA. ‘‘It is projected to cost the Federal ers, and move wherever it suits their family’s need close to employment, This bill is a bill that would allow for Emergency Management Agency as close to job training, whatever suits an expedited process within the section much as $168 million. Federal officials 8 housing program. It will waive sev- their circumstance best. are struggling to launch an alternative Unfortunately, we in Louisiana who eral requirements for what have been interim housing program that would described as cumbersome roadblocks to feel that way have had a different path give families whose homes are de- outlined by our Governor. I read her housing section 8 voucher holders, such stroyed or uninhabitable a lump sum of as income verification, tenant con- most recent comment: ‘‘The path I $2,358 in rental assistance, or $786 a have outlined, moving our people from tributions, and initial inspections. month for 3 months, with the possi- These things are helping, and of shelters or the homes of in-laws or bility of a 15-month extension. friends or into hotels and transitional course, I am going to support the bill; ‘‘So far, 330,000 families have signed but what I am really concerned about trailer communities here in Louisiana, up for the housing assistance. But if gives our people hope. It gives them a is all of those persons who were on the evacuees have to use those stipends to waiting list for vouchers, who are al- clear path that they can see, a path pay for hotel rooms when FEMA stops ready eligible, even if they are given that will help them get their lives to- covering such lodging, the funds will some temporary assistance from gether and get them home to Lou- not last long. Last week, the number of FEMA, even if they got it for 18 isiana.’’ evacuees in hotels increased from months, what happens then. They still I do not necessarily share that per- 220,000 to more than 400,000 people in need housing. They still are, what, on spective. I think we should be doing 140,000 rooms. Many have no idea what the waiting list? the highest and best job with the lim- It is all right to waive some of these they will do when the program ends in ited resources that are available to us, bureaucratic rules, but this is the time 2 weeks.’’ No idea. and I agree with the gentlewoman that that we should be thinking about what And they talk about this one man, we should be doing something on a we can do about homelessness. That is whose case I am just going to read grander scale. The bills before the not even addressed here. This simply from this article: ‘‘Ronnie Ashworth, a House today are merely modest steps. says, if you had a section 8 voucher, we truck driver from Chalmette, Lou- They are significant progress, but we will replace it and we will make it a isiana, east of New Orleans, currently need to do better. little bit easier for you. It does not lives at the Baton Rouge Marriott. If Madam Speaker, I yield such time as talk about the homeless people who no other housing is forthcoming after he may consume to the gentleman were not even in the system, nor does October 15, ‘I’ll be sleeping in the back from Louisiana (Mr. ALEXANDER), the it talk about those who are on the of my truck,’ Ashworth, 60, said. ‘I principal sponsor of the bill. waiting list. have no funds right now.’ Mr. ALEXANDER. Madam Speaker, I There is an article that I would like ‘‘Red Cross spokeswoman Carrie Mar- thank the gentleman for yielding me to just read verbatim because I think it tin said, ‘We’re administering the hotel time. describes the mess that we are in; and program with the expectation that it Madam Speaker, to begin with I want while I do this, I am not placing blame ends on October 15. After that, we’ll to thank the gentleman from Lou- on my friends on the opposite side of still have shelters open, but we defi- isiana (Mr. BAKER) for his leadership the aisle. Even though I am very con- nitely don’t want to move backwards.’ and his contribution to the State of cerned that we were so slow in getting Meanwhile, more than 100,000 people re- Louisiana, both with the Committee on to the floor with even this legislation main in about 1,000 shelters operated Financial Services and within our dele- that does not do a lot, I am really con- by the Red Cross, smaller charities and gation. cerned that we did not take this as an churches, scattered across two dozen Because of the hurricanes in Lou- opportunity to really deal with the States as far flung as New York and isiana, Mississippi and Alabama, over 1 housing crisis in the gulf as it is a Washington.’’ million households have been affected. housing crisis all over the country. I am going to discontinue reading Between 40 and 50 percent of those This is an article that I am just this article because I think my col- households, whether rented or owned, going to read because I think it sums it leagues get the picture, and I think we will need to be completely replaced. up very well: ‘‘Housing Promises to are all desirous of doing something These are high numbers and do not Evacuees Have Fallen Short.’’ It is a substantial. But how long has it taken even include Katrina’s damage in Flor- Washington Post article that was writ- us to get to the floor with this minimal ida. In fact, FEMA estimates that ten just a few days ago, 10/2/2005, By response to the housing problems of 300,000 families are homeless and 200,000 Spencer S. Hsu and Elizabeth the victims of Hurricane Katrina and will require government housing. Williamson: now Rita? This is a housing crisis unlike any- ‘‘Red Cross to Halt Hotel Stipends in Madam Speaker, I think we can do thing we have seen in this country due 2 weeks, and Hundreds of Shelters Have better than this, and we should be on to a natural disaster. Here in the Closed.’’ Well, what is important about this floor today not only talking about United States, a country that gives this is the President of the United vouchers simply for those who held more in aid to countries around the States said he wanted everybody out of vouchers before; but we should be talk- world than any other, we have largely the shelters by October 15. That dead- ing about those people who were wait- been unable to provide the basic need line is not going to be met. ing for vouchers. We should be talking of housing for our citizens.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22371 Today is the 36th day since Hurricane of a disaster to help us be better pre- and staff from both sides and Members Katrina made landfall, and there are pared the next time. were there, and FEMA and HUD both still thousands of Louisianans in shel- While I recognize that this is not all made it very explicit to us that these ters across this country and the State that is needed to address the housing are additional to the voucher program. of Louisiana. crisis, this is a step in the right direc- So no one should feel they are going to tion and part of the overall plan to get b 1530 be competing with someone already people into more permanent living ar- there. These numbers do not even reflect rangements. We cannot solely rely on The next question, though, is, what the number of people living in private the trailer plan to house displaced per- do we do next? Yes, it is important to homes, in churches and motels. sons. These vouchers offer choice to get people the vouchers, but they are a For 36 days now, these people have people, use existing housing and do not short-term solution by definition: 6 slept on cots. They have eaten at com- necessitate the need to build additional months and 6 months. We hope people munity tables and showered in com- public housing. will be able to find some alternatives. munal facilities. These people, the citi- I am concerned for the people of my But what do we do? That is the point I zens of our country, want their pri- State. I am concerned for the people of want to address, because this under- vacy. They want to use the phone at the gulf coast region. It is time for us lines the need for us to get back in the will. They want to sleep in their own to take action to get these people out business of helping construct on a per- beds. They want to have the freedom to of the shelters and into apartments, manent basis new affordable housing. walk around without carrying their be- into homes or into a place where they We made great mistakes as a society longings, and they want to tuck their can begin to start their lives over. decades ago by building for low-income children into bed at night in peace and These are Americans. They are our people Columbia Point or Pruitt Igoe not have strangers watching them. In citizens. I urge my colleagues to help or Cabrini Green, large sterile ware- this country of great prosperity and re- pass H.R. 3894. It is time that we act to houses for far too many people with far sources, people should not be forced to get our citizens out of these shelters too few services, and they did not work live like this for over a month. and into homes. well, and not because of any character This act will give the Secretary of Ms. WATERS. Madam Speaker, I defect in the people that lived there HUD the authority to waive specific re- yield such time as he may consume to but because of the inherent flaw in the quirements under section 8 and project- the gentleman from Massachusetts way they were planned. We have based assistance programs for victims (Mr. FRANK). learned since then how to use public of Hurricanes Katrina and Rita in Mr. FRANK of Massachusetts. money to build housing that is desir- order to expedite emergency housing Madam Speaker, I appreciate the gen- able; how, in particular, to use public assistance to those families that need tlewoman from California (Ms. money in conjunction with private de- it the most. This waiver authority will WATERS) for yielding me this time. She velopers, profit-making and nonprofit, last for a period of 6 months, with a 6- is the ranking Democrat on the Sub- to provide decent homes. month extension beyond that if the committee on Housing and Community There has been a lot of concern here Secretary deems it necessary. Opportunity and has been playing a about making sure that faith-based or- By waiving the requirements of very leading role, not just now but for ganizations are allowed to participate verification of income and initial in- years, on housing issues, and I fully in government programs. Well, in the spection of units, we are enabling dis- subscribe to her really very forceful housing area, there is nothing new placed persons who have lost docu- and eloquent description of where we about that. Faith-based organizations mentation due to the hurricanes to ob- are. for years have been the leaders in using tain vouchers and ensuring occupancy Let me take up where she left off. I Federal programs to provide affordable immediately by waiving the initial in- am going to vote for this bill. It is housing. In my own State of Massachu- spections. later than we would like. It is less, in setts, the Boston Archdiocese and Of- By removing the 1-year rental con- some ways, than we like, but every- fice of Urban Planning has been a su- tract requirement that the vouchers be thing it does do, it seems to me, is use- perb provider of affordable housing. So confined to a specific area, we are mak- ful. And I want to express my apprecia- has the Jewish Community Housing for ing sure that people have the flexi- tion to the Members on the other side the Elderly. If you talk to the Associa- bility to determine where and how they who had, I believe, a role in making tion of Homes for the Aging, religious will live. While many people are decid- sure of this. entities are very much involved. ing what to do on a permanent basis, There was some original fear that the I would note that none of them ever they still need temporary but inde- housing vouchers or the equivalence of told me that they had to discriminate pendent living arrangements. This bill vouchers which will be funded out of in hiring to provide that housing. But does just that. FEMA would somehow be competing what we should be doing is taking ad- This bill authorizes the Secretary to with the existing voucher program. vantage of that experience and broad- directly administer section 8 vouchers Several of my colleagues told me that ening it, because we have got to the if the appropriate housing agency is they had heard from housing authori- point where the only housing that has unable to do so because of damage or ties in their areas, in other parts of the been built has been for older people. displaced employees due to the hurri- country that they were being told, And that is important, building hous- canes. This will ensure that those per- Okay, here come these FEMA people, ing for the elderly and the disabled, but sons traditionally served will continue they go to the head of the list, and as we now see, we also need some fam- to be served by HUD’s programs. they would in effect take a voucher ily housing. This bill requires the Secretary to re- away where there are waiting lists. Here is the problem: If all we do is port to Congress within 30 days of the Let us be clear that that is not hap- what we are doing today, and what we enactment of this legislation on Fed- pening. These are additives. These are are doing today is important and I am eral, civilian and Defense facilities additional. So it is very important to for it, but if this is all we do, a year that can be used to provide emergency note that, because as the gentlewoman from now, where will these people live? housing or as locations for construc- from California noted, we have waiting Because there is not this great excess tion or deployment of temporary hous- lists. We have an ongoing problem, and of affordable residential units all over ing units. this does not make it any worse, but it the country. There are pockets where Lastly, it requires the Comptroller does not make it any better. But let us there are. General to submit a report to Congress be clear, it does not make it worse. So We also have the question about identifying and describing States that anyone who was under that misim- what happens in New Orleans and other have developed emergency housing pression, we had a briefing, and I ap- areas. Now, I was very distressed to contingency plans for use in the event preciate the majority facilitating this, hear the Secretary of HUD say; not

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22372 CONGRESSIONAL RECORD—HOUSE October 6, 2005 surprised, I must add but distressed, that program. It says the Federal Gov- available from FEMA, but they will be that when New Orleans is rebuilt, there ernment will try to find property it back in the same situation they were will be fewer African-Americans there. owns. It will not be based on suit- in before, still without adequate hous- Shame on us if that is the result be- ability about where to build. It will be ing, still, I suppose, on some kind of a cause, where are these people supposed on what the Federal Government owns waiting list and still among those in to go? This was their home. This was a and has no use for and then will be the United States of America without community. And we should be pro- made available to a small percentage decent and adequate housing for them- viding temporary help, but we should of people. And then they are on their selves and their families. also be determined to allow this com- own and have to find somehow some b 1545 munity to rebuild itself. money to build on it or to rehabilitate That does not mean building inad- it. That just does not make sense. Let me just say, as I raise the ques- equate housing in the middle of a What we need to do, following on tion about us being slow and not doing floodplain. It does not mean having from this, is a sensible housing produc- enough, one may ask what could have people be vulnerable to floods. It tion program working with the local been done in this period of time. Well, means we should use our wit and our officials in New Orleans and in the gulf by now we should have an assessment resources to provide replacement hous- and elsewhere, the gulf of Mississippi of all of those buildings, all of those ing for people that is better and safer and elsewhere. Let sensible planning go apartment buildings, all of those and protected. We know how to do forward at the local level, building not homes, many of which are considered that. large sterile public housing units but dilapidated, sitting everywhere from So as I support this bill today, I want mixed housing, because people with Baton Rouge to Alexandria to New Ibe- to reaffirm, and I know the gentle- various incomes will need help, and ria, on into Texas and other places woman from California has been a lead- various forms of help will be necessary. where we could have created a program er on this, and I want to acknowledge For some people, because we want to by which to provide resources to bring that the gentleman from Louisiana, promote home ownership, various these houses and units up to code in who is managing this bill, he and I and forms of mortgage assistance will order to create more housing. There others on our committee are working make sense, so working with the finan- are a lot of such homes, a lot of such on one piece of legislation that might cial institutions. For others, we will units. be a vehicle for this, that there are need to build some housing. We also, I Do not forget, many of the areas that many ways to do it. But I want to think, have an obligation to rebuild we are dealing with were in deep hous- stress the importance of, after the the public housing units that were de- ing crisis before Hurricane Katrina. vouchers, then what? stroyed, not exactly as they were. We While I am very respectful of the fact If we want to allow people to move have had some experience, and our that FEMA moved people to Utah, back not just to New Orleans but to the committee has in general voted often California and New Jersey, what I am Mississippi gulf and other commu- to reauthorize the HOPE 6 program, hearing is people do not want to be in nities, then we, in part, should be which is a way to take public housing New Jersey and in California and other building housing. There are other and improve it. places. They want to be near their things we need to today, and our com- So, yes, I vote for this bill. I also wel- homes; they want to be near their mittee is working on that and working come the fact it does not take away home cities and their home towns. with the financial community. from the existing voucher program. It I think that we could by now have And in this context, I really have to does, of course, emphasize the impor- done an assessment of all of those prop- express my great disappointment here tance of the voucher program, but it erties that could be rehabilitated, some in the President’s approach. When the also will leave us, and I hope we will of which are owned by individuals, oth- President gave his major speech not for address this in this Congress later this ers owned by corporations, and put to- the interim but for the longer-term sit- year or early next year, a program for gether a program for rehabbing and re- uation, the only housing situation he the reconstruction of housing in New habilitation and bringing them back addressed was the homeownership Orleans for people of various incomes, online in order to make them avail- through an urban homesteading plan. some of whom will not be able to re- able. Now, homesteading has a great history turn to their homes without the con- We should also be about the business in the United States. And in the 19th struction, with Federal help, of afford- of converting warehouses into lofts and century, people were given a piece of able housing. moderate-income housing. And even in land out in the unsettled parts of the We know how to do that. We have some of the factory areas that are country, and they could chop down very good examples of it. And it is very closed down, dilapidated, boarded up trees, and they could build their important that we go forward. throughout the South, there are oppor- houses. I do not think that model Ms. WATERS. Madam Speaker, I, tunities for the creation of housing. translates all that well to an urban too, join with my colleague and the And there are many nonprofit, low-in- area. ranking member of our Financial Serv- come and moderate-income developers I do not think, when the people in ices Committee in commending those who are waiting for an opportunity to New Orleans are given a piece of land, on the opposite side of the aisle who be of help. I think we could have done which is what the President’s program really do have the providing of housing more. says, I will give you the land but noth- for low- and moderate-income persons While I am going to vote for this bill, ing else, even if there were any trees on the top of their priorities. I do not pat myself on the back, nor do left after the flood, I do not think the And while I commend them because I pat the Members from the other side average returning resident of New Orle- they have always shown an interest in of the aisle on the back. I know they ans will be able to chop them down and doing this, I think we are all to be may be confronted with an administra- build a house. The urban homesteading criticized for how slow this process is tion that says it does not want to plan is wholly inadequate. By defini- in dealing with the victims of Katrina spend any money, but I must say that tion, the President’s urban home- and Rita. We have just got to be able to our citizens do not want to hear that steading plan helps a very small per- move faster than we are moving. the President or this administration centage of those who need the help. He And while, again, today what we do does not want to spend money to deal is having a lottery. in replacing those vouchers is a good with this housing crisis created by a Since when for a program to meet thing, I am still worried about the fact natural disaster at a time when we are basic human needs do you have a lot- that there are so many people who dumping billions of dollars into war, tery, which by definition means a very needed housing even before Katrina into Iraq, into Afghanistan. Our citi- small percentage of the people get in and who are going to be left out there zens are disappointed that we are not there? Just look at the inadequacy of to receive whatever resources are doing better than we are doing.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22373 Madam Speaker, I include for the policy questions. ‘‘We have 12,000 mobile vide $3.5 billion in housing vouchers to RECORD the complete article that I homes with no place to put them,’’ said 350,000 Katrina-displaced families. On Friday, read a portion of titled, ‘‘Housing Rosemarie Hunter, a FEMA spokeswoman in Sarbanes called on Bush to transfer control Promises Made to Evacuees Have Fall- Baton Rouge. To date, only 1,396 trailers in of housing assistance from FEMA to the De- Louisiana house displaced people. About partment of Housing and Urban Develop- en Short.’’ 1,100 are occupied by workers engaged in New ment. ‘‘The scope of this disaster calls for [From the Washington Post, Oct. 2, 2005] Orleans’s recovery effort, and 173 house fami- changes in how we think about disaster as- HOUSING PROMISES MADE TO EVACUEES HAVE lies left homeless by the storm. Policy- sistance,’’ Sarbanes wrote the White House. FALLEN SHORT makers say that warehousing tens of thou- ‘‘Hundreds of thousands of people may need (By Spencer S. Hsu and Elizabeth sands of people in trailer park communities housing assistance for 18 months or even Williamson) until New Orleans and other cities are re- longer. We cannot rely on FEMA, an emer- RED CROSS TO HALT HOTEL STIPENDS IN 2 built could lead to the creation of dysfunc- gency response agency, to provide on-going WEEKS, AND HUNDREDS OF SHELTERS HAVE tional ‘‘FEMAvilles,’’ as residents of past en- housing assistance to this large number of CLOSED campments have called them. families,’’ he said, citing HUD’s ‘‘experience, Two weeks before President Bush’s mid-Oc- Democrats go further, warning that they staff and infrastructure.’’ tober goal for moving Hurricane Katrina vic- may become known as ‘‘Bushvilles,’’ just as Ms. WATERS. Madam Speaker, I tims out of shelters, more than 100,000 people Depression-era shantytowns were called yield back the balance of my time. still reside in such makeshift housing, and ‘‘Hoovervilles.’’ Refugee Council USA, which includes nine U.S. resettlement agencies Mr. BAKER. Madam Speaker, I yield 400,000 more are in hotel rooms costing up to myself such time as I may consume. $100 a night. Housing options promised by that have integrated 2.5 million global refu- the federal government a month ago have gees into the United States since 1975, said Madam Speaker, I rise to respond to largely failed to materialize. Cruise ships storm victims would be better off getting on the concerns raised by the gentle- and trailer parks have so far proved in large with their lives—finding housing, jobs and woman from California (Ms. WATERS) part to be unworkable, while an American counseling services in new communities with regard to the forward-looking pic- Red Cross program—paid for by the federal rather than waiting indefinitely for homes to ture of housing needs in not only the government—that allows storm victims to be rebuilt. FEMA officials agree. Evacuees, said FEMA spokesman Eugene Kinerney, disaster-stricken area but across the stay in motels or hotels is scheduled to ex- Nation, but particularly in the Hurri- pire Oct. 15. It is projected to cost the Fed- ‘‘need to consider long-term housing in areas eral Emergency Management Agency as where there is available rental stock and cane Katrina area which I was fortu- much as $168 million. Federal officials are prospects for employment to take care of nate to be adjacent to and not a part struggling to launch an alternative interim other needs, such as food.’’ But some civic of. housing program that would give families and political leaders worry that the alter- It is certainly clear that a new hous- whose homes are destroyed or uninhabitable native—resettling storm victims—will lead ing vision is required. Much attention a lump sum of $2,358 in rental assistance, or many to stay permanently in their host com- has been given to the city of New Orle- $786 a month for three months, with the pos- munities, fundamentally changing the nature and politics of Louisiana and possibly ans where damage was significant. sibility of a 15-month extension. So far, Much attention, however, has not been 330,000 families have signed up for the hous- beyond. ing assistance. But if evacuees have to use FEMA initially estimated that the homes given to areas north and south of the those stipends to pay for hotel rooms when of 300,000 families were destroyed by Katrina city, whether it is St. Bernard Parish FEMA stops covering such lodging, the funds and that 200,000 of them will need govern- or St. Tammany. In St. Tammany, the will not last long. Last week, the number of ment help with housing but said only time wind damage was extensive. Acres upon evacuees in hotels increased from 220,000 to would reveal the true scope of need. The lack acres of large trees were blown down more than 400,000 people, in 140,000 rooms. of an effective strategy to manage the larg- across streets, across houses. The dam- est displaced population of Americans in at Many have no idea what they—will do when age was difficult to believe. the program ends in two weeks. least 60 years has touched off a furious pol- Ronnie Ashworth, a truck driver from icy debate. ‘‘The big picture is . . . everyone In St. Bernard Parish where the Chalmette, La., east of New Orleans, cur- who has some scheme for how people should flooding left 9 to 14 feet of water in rently lives at the Baton Rouge Marriott. If live is now living vicariously through the op- houses for periods up to 2 weeks, it is no other housing is forthcoming after Oct. portunity New Orleans offers’’ of a blank tragic to think what people will dis- 15, ‘‘I’ll be sleeping in the back of my truck,’’ slate, said Ronald D. Utt, senior researcher cover when they are finally able to re- Ashworth, 60, said. ‘‘I have no funds right at the Heritage Foundation. ‘‘All this push visit their neighborhoods. Certainly now.’’ Red Cross spokeswoman Carrie Martin and pull is happening, and all of which can normal government strategies will not be lumped in with some notion of social en- said, ‘‘We’re administering the hotel pro- work in the face of such tragedy. gram with the expectation that it ends on gineering.’’ Policy think tanks from the October 15th. . . . After that, we’ll still have Brookings Institution on the left to Heritage At the direction of the gentleman shelters open, but we definitely don’t want on the right have criticized FEMA for rely- from Ohio (Mr. OXLEY) and working to move backwards.’’ Meanwhile, more than ing on trailers as it traditionally does for with the administration, the President, 100,000 people remain in about 1,000 shelters hurricane victims, saying Katrina’s scale Secretary Snow and Secretary Jack- operated by the Red Cross, smaller charities overwhelms that solution. By contrast, they son, we will have a plan to consider in and churches, scattered across two dozen say vouchers provide more choices to indi- the House of Representatives that will states as far-flung as New York and Wash- viduals, reduce the need for building public be different and unique. We have the ington. housing and take advantage of existing hous- The Red Cross has said it will keep its ing stock. capability to address this problem that shelters open for as long as necessary, but In a joint statement last week, Senate Mi- we have never addressed before with a many are in churches and public buildings nority Leader Harry M. Reid (D-Nev.) and response that has never been proposed that are needed for their primary functions. House Minority Leader Nancy Pelosi (D- before. We hope to have such legisla- Hundreds of shelters have closed over the Calif.) criticized how long it took the Bush tion before the break next week; but if past two weeks, and many of their occu- administration to implement its voucher not, immediately upon our return. pants, the Red Cross said, appear to be mov- program. ‘‘It wasn’t until nearly one month I look forward to working with the ing into hotels, in hopes of benefiting from after the disaster struck that the Bush Ad- Members on the other side of the aisle the hotel program in its final days. In search ministration finally announced it would of temporary housing immediately after the begin to provide rent payments to families and all Members from the affected hurricane, FEMA officials went on a $1.5 bil- displaced by the storm,’’ as Democrats areas. We understand that the needs lion spending spree, buying out entire dealer- urged, they said. Under the FEMA housing are great, and the needs will not be ships of recreational vehicles and signing assistance plan, families that remain eligible met in one year or two. This is going to contracts for more than $500 million with can get as much as 18 months of cash assist- be a decades-long remedy requiring the one manufacturer of mobile homes. But the ance for a maximum of $14,148, but the patience of the Congress and the con- plan to create ‘‘cities’’ of 500 to 600 RVs money would count against a cap of $26,200 tinuing generosity of all Americans. across the South has run into major per family that Congress has set for FEMA None of us could foresee the scope of logistical and political problems. In FEMA to give in cash, rental assistance and home lots in Alabama, Louisiana, Mississippi and repairs. devastation. None of us would wish this Texas, several thousand trailers stand Even before FEMA announced the pro- on any place in the world; but it has empty, waiting for the agency to navigate gram, Sen. Paul S. Sarbanes (D-Md.) pushed happened and there are people who are land leases, zoning laws, local opposition and a plan through the Senate last month to pro- living in shelters without resources,

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22374 CONGRESSIONAL RECORD—HOUSE October 6, 2005 without futures, not knowing what to- ‘‘(1) CONVERSION OF RENTAL ASSISTANCE.— The Chair recognizes the gentleman morrow will bring. We have a high obli- The Secretary may convert rental assistance from Louisiana (Mr. BAKER). gation to respond, and the Members of under section 521 allocated for a property Mr. BAKER. Madam Speaker, I yield that is not inhabitable because of the dis- myself such time as I may consume. the Louisiana delegation fully intend aster into to do their best in meeting this need. ‘‘(A) housing voucher assistance authorized Madam Speaker, H.R. 3895 is impor- Madam Speaker, I yield back the bal- under section 8(o) of the United States Hous- tant legislation to again provide flexi- ance of my time. ing Act of 1937 (42 U.S.C. 1437f(o)); or bility to the Rural Housing Authority The SPEAKER pro tempore (Mrs. ‘‘(B) rural housing vouchers authorized relative to converting available funds BIGGERT). The question is on the mo- under this title. to vouchers to provide additional option offered by the gentleman from Any conversion and use of rental assistance tions for those displaced by Hurricane Louisiana (Mr. BAKER) that the House pursuant to this paragraph shall apply only Katrina and Hurricane Rita. It also suspend the rules and pass the bill, for the period described in subsection (c) or provides additional loan flexibility H.R. 3894, as amended. a portion thereof, as determined by the Sec- with regard to repairs and remodeling retary. The question was taken. ‘‘(2) WAIVER OF RURAL AREA REQUIRE- pursuant to storm damage for existing The SPEAKER pro tempore. In the MENTS.—The Secretary may, for the period loans now provided by the agency. opinion of the Chair, two-thirds of described in subsection (c) or any portion I wish to acknowledge the work of those present have voted in the affirm- thereof, waive the application of the provi- the chairman of the subcommittee, the ative. sions of section 520 with respect to assist- gentleman from Ohio (Mr. NEY), and Ms. WATERS. Madam Speaker, on ance provided under this section, as the Sec- the gentleman from Ohio (Mr. OXLEY), that I demand the yeas and nays. retary considers appropriate. chairman of the Committee on Finan- ‘‘(c) DURATION OF AUTHORITY.—The period The yeas and nays were ordered. described in this subsection is the 6-month cial Services, who have been extraor- The SPEAKER pro tempore. Pursu- period that begins upon the date of the en- dinary in their desire and willingness ant to clause 8 of rule XX and the actment of this Act. to help those of us in the gulf coast Chair’s prior announcement, further ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— area with remedies to the identified proceedings on this motion will be In addition to funds otherwise available to problems. postponed. carry out this section, there are authorized This legislation, the second of three to be appropriated such sums as may be nec- f essary to carry out, during the period de- to be considered by the House today, is an important step. Not in and of itself GENERAL LEAVE scribed in subsection (c), this section or any other activity authorized under this title.’’. a significant remedy, but it does pro- Mr. BAKER. Madam Speaker, I ask SEC. 3. RURAL HOUSING VOUCHER AUTHORITY. vide significant new flexibility to a his- unanimous consent that all Members During the 6-month period beginning on torically proven and valuable program. may have 5 legislative days within the date of the enactment of this Act, the For these reasons, I believe it is highly which to revise and extend their re- Secretary of Agriculture may exercise the important for the House to adopt this marks and include extraneous material authority under section 542 of the Housing Act of 1949 (42 U.S.C. 1490r), except that in matter as well as the legislation to fol- on H.R. 3894. carrying out this section— low. In cooperation, all three bills will The SPEAKER pro tempore. Is there (1) notwithstanding the first sentence of provide significant and meaningful as- objection to the request of the gen- subsection (a) of such section 542, the Sec- sistance to those who find themselves tleman from Louisiana? retary may assist low-income families and without a place to call home. There was no objection. persons, but only if— Madam Speaker, I reserve the bal- (A) such family or person— f ance of my time. (i) resides or resided, on August 25, 2005, in Mr. FRANK of Massachusetts. RURAL HOUSING HURRICANE any area that is subject to a declaration by Madam Speaker, I yield myself such RELIEF ACT OF 2005 the President of a major disaster or emergency under the Robert T. Stafford Disaster time as I may consume. Mr. BAKER. Madam Speaker, I move Relief and Emergency Assistance Act (42 Madam Speaker, I intend to vote for to suspend the rules and pass the bill U.S.C. 5121 et seq.) in connection with Hurri- this bill, as I believe all of us plan to. (H.R. 3895) to amend title V of the cane Katrina; or It is a very reasonable approach. It Housing Act of 1949 to provide rural (ii) resides or resided, on September 24, makes some changes in the rural hous- housing assistance to families affected 2005, in any area that is subject to a declara- ing program which are limited both by Hurricane Katrina, as amended. tion by the President of a major disaster or geographically and chronologically, The Clerk read as follows: emergency under the Robert T. Stafford Dis- aster Relief and Emergency Assistance Act which is the way to do this short-term H.R. 3895 (42 U.S.C. 5121 et seq.) in connection with approach. Be it enacted by the Senate and House of Rep- Hurricane Rita; and There were some other issues raised, resentatives of the United States of America in (B) the residence of such family or person and the majority has agreed with us Congress assembled, became uninhabitable or inaccessible as re- there are other changes that could be SECTION 1. SHORT TITLE. sult of a major disaster or emergency re- made in this program; and I believe we This Act may be cited as the ‘‘Rural Hous- ferred to in subparagraph (A) of this para- will be taking them up later to do a ing Hurricane Relief Act of 2005’’. graph; and more permanent situation. SEC. 2. DISASTER AUTHORITY. (2) subsection (b) of such section 542 shall There is one permanent change here not apply. Section 541 of the Housing Act of 1949 (42 involving the program known as the U.S.C. 1490q) is amended to read as follows: SEC. 4. GUARANTEED LOANS FOR SINGLE FAM- ILY HOUSING. 502 program which gives some flexi- ‘‘SEC. 541. DISASTER ASSISTANCE. Section 502(h) of the Housing Act of 1949 (42 bility in financing and I think all who ‘‘(a) IN GENERAL.—Notwithstanding any U.S.C. 1472(h)) is amended— are interested in this favor. other provision of this title, the Secretary (1) in paragraph (4), by striking ‘‘or con- I will take a minute or two to note, may exercise any authority described in sub- struct’’ and inserting ‘‘, construct, repair, or section (b) with respect to the counties des- this is about rural housing. This is rehabilitate’’; and housing built with Federal help, gen- ignated as disaster areas pursuant to the (2) in paragraph (14)(A), by striking ‘‘made declaration by the President of a major dis- under this section or guaranteed under this erally public-private cooperation, fed- aster or emergency under the Robert T. Staf- subsection’’ and inserting ‘‘used to acquire erally subsidized, assisted housing in ford Disaster Relief and Emergency Assist- or construct a single-family residence that rural areas; and I stress that because ance Act (42 U.S.C. 5121 et seq.) in connection meets the requirements of subparagraphs too often when we talk about Federal with Hurricane Katrina or Hurricane Rita, (A), (B), and (C) of paragraph (4)’’. housing programs, people think only and the counties contiguous to such coun- about the big cities. Here we are not ties, and for any individuals who resided in The SPEAKER pro tempore. Pursu- such counties at the time of the disaster. ant to the rule, the gentleman from talking just about New Orleans, but ‘‘(b) SPECIAL AUTHORITIES.—The authori- Louisiana (Mr. BAKER) and the gen- the adjacent parishes. As the gen- ties described in this subsection are as fol- tleman from Massachusetts (Mr. tleman from Mississippi (Mr. TAYLOR) lows: FRANK) each will control 20 minutes. pointed out, we are talking about small

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22375 communities along the Mississippi This legislation will temporarily give the gentlewoman from California (Ms. coast. RHS the necessary funding options it LEE), a member of the committee. There is a need for housing assist- needs to keep families in the program Ms. LEE. Madam Speaker, let me ance in various places, and we should in the wake of this disaster. In short, thank our ranking member for yield- stress again this is very important this important revision will give RHS ing. Also I want to thank the ranking housing that helps people of low- and the ability to convert to vouchers member on the Housing Subcommittee moderate income in rural areas, sparse- funds tied to a rural housing project for her leadership and for really trying ly settled areas, to have decent places that is no longer habitable due to the to make sure that these bills before us to live. So it is a reminder that hous- effects of Hurricane Katrina and Hurri- today have bipartisan support and have ing programs are not simply big-city cane Rita. RHS will have the authority become better bills as they move programs, but appropriately done are to reprogram funds in either HUD sec- through this process. programs that meet needs in various tion 8 vouchers or RHS vouchers au- People displaced by this horrible dis- places. thorized under title V of the Housing aster deserve clean, safe and decent What this does is to give the flexi- Act of 1949. housing. They should be provided with bility during the next 6 months so the This legislation is designed to pro- the opportunity to return home as rural housing programs and the hous- vide temporary housing relief for fami- quickly and as safely as possible. Yet, ing built there in the affected areas, lies affected by the hurricanes and I do not believe these bills accomplish people can respond to that with some upon enactment will be effective for 6 this goal. flexibility. Money will not be lost; months. HUD has not received, first of all, money will be reprogrammed. It is a Next, H.R. 3895 will expand the flexi- nearly enough authority or funding to product of a great deal of thoughtful bility of RHS by temporarily elimi- do what is necessary to provide for the collaboration on both sides of the aisle, nating the current limitations regard- Katrina survivors. First, nowhere do and I intend to vote for this bill. ing the number of vouchers that can be we acknowledge the inadequate re- Madam Speaker, I reserve the bal- issued and where they can be used. sponse to date of the administration or ance of my time. Again, this is a temporary suspension, the Department of Housing and Urban Mr. BAKER. Madam Speaker, I yield to be in effect for 6 months upon enact- Development to the housing crisis in such time as he may consume to the ment, which reflects the need for time- the gulf. gentleman from Ohio (Mr. OXLEY), liness and efficiency in securing hous- Secondly, there is no additional fund- chairman of the Committee on Finan- ing for rural families under RHS pro- ing in any of these bills for the CDBG cial Services, who has been extraor- grams. or emergency housing vouchers for dinarily cooperative and is exhibiting Finally, this legislation amends the families affected by Hurricane Katrina. great leadership in helping the people single family housing guaranteed loan There is not enough money at HUD, of the gulf coast deal with these catas- program by expanding refinancing to and we should not redirect funding trophes. include loans for housing repair and re- that is already inadequate in one ac- Mr. OXLEY. Madam Speaker, I rise habilitation. Currently, repair and re- count, to move it to another account. in support of this legislation and com- habilitation costs cannot be financed Indeed, we need more resources to ac- mend the sponsor of the legislation, from refinanced guaranteed loans. This complish what we need to accomplish. the gentleman from Louisiana (Mr. legislation will also allow refinancing The bottom line is, there needs to be of loans from borrowers who are not BAKER), for his tireless work and dedi- new money for housing, and we need it cation for providing housing relief for currently in the USDA single family now. the victims of Hurricane Katrina and housing program. Finally, there is not enough thought Hurricane Rita. b 1600 given to prohibiting the use of sub- Residents of the rural gulf region While these authority changes to the standard housing for Katrina survivors have been especially affected by the single-family housing program are not or for the creation of affordable hous- devastating impact of Hurricanes limited to disaster situations, they will ing construction programs for new, Katrina and Rita. While media atten- be very helpful in assisting families af- safe and affordable housing. Although tion in the aftermath of these catas- fected by Hurricanes Katrina and Rita. these bills waive the pre-inspection trophes has been focused on the urban H.R. 3895 will help ensure that hous- process for about 6 months for Katrina disaster, particularly New Orleans, ing assistance continues to be available survivors in terms of their housing rural communities in the region, and to those of the neediest individuals and needs, I really worry that people will individuals and families who are as- families in the rural gulf region, who find themselves living in substandard sisted by rural housing service pro- have already suffered greatly in the and dilapidated housing if we do not grams, face a challenging road. aftermath of the hurricanes. monitor this very closely. Rural areas are often plagued by pov- I urge my colleagues to support this What I find also very striking about erty, high numbers of substandard legislation, and, Madam Speaker, point these bills is that there are no meas- homes, affordable housing shortages, out that the committee, once again, ures to ensure that Katrina survivors costly development, and inadequate ac- has worked effectively through these can return to the gulf region without cess to mortgage loans. RHS, through issues, these three suspension calendar fear of housing discrimination from its programs, provides direct loans, votes, in anticipation, as the gen- landlords or lenders. There are some guaranteed loans and grants to help tleman from Louisiana pointed out, serious housing policy issues at stake families obtain and maintain afford- and my friend from Massachusetts in these bills. There should be more op- able housing in those rural areas. Be- mentioned, with a goal of looking at a portunity for debate and thoughtful cause so many rural families in the long-term solution to this problem legislation. gulf region have left their commu- that is one that will not go away and Madam Speaker, the reality is, these nities, either because their housing is will be over a period of years, as the bills do very little for the people who now in ruins or because they have set- gentleman from Louisiana pointed out. are relying on us to help. Having trav- tled in another community, it is ex- I want to say to the members of the eled to Houston and having talked to tremely important that RHS has the committee and to the House that this Katrina survivors; I went to the shel- flexibility to provide assistance to committee stands ready to do what is ters, like many, and I have heard first- these families who have been displaced necessary to bring relief to those re- hand the needs and seen firsthand their from rural gulf communities. gions in a fiscally responsible manner. pain. I know very well that housing, The legislation we are considering I have every reason to think we will do providing affordable decent safe hous- today will enable RHS to continue to exactly that. ing, is very central to their recovery. meet the needs of rural families who Mr. FRANK of Massachusetts. When I think about how much have been displaced by the hurricanes. Madam Speaker, I yield 4 minutes to Katrina survivors have lost, compared

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22376 CONGRESSIONAL RECORD—HOUSE October 6, 2005 to what this administration is willing H.R. 3896 (3) any requirement pursuant to section to sacrifice in their misguided budget Be it enacted by the Senate and House of Rep- 106(d)(7)(C) of such Act (42 U.S.C. priorities, it falls way short, I am sorry resentatives of the United States of America in 5306(d)(7)(C)) to hold public hearings. to say, of what we should be doing. We Congress assembled, SEC. 4. DEFINITIONS. For purposes of this Act, the following SECTION 1. SHORT TITLE. need to provide housing bills that cre- definitions shall apply: This Act may be cited as the ‘‘Hurricane ate new funding for emergency, flexi- (1) DIRECTLY AFFECTED COMMUNITY.—The ble, section 8 vouchers. We need to in- Katrina Emergency Relief CDBG Flexibility term ‘‘directly affected community’’ means crease the funding and authority of Act of 2005’’. a unit of general local government or area HUD to truly help Katrina survivors SEC. 2. SUSPENSION OF PUBLIC SERVICES CAP. for which the President has declared a major and also to take steps to eradicate pov- (a) UNITS OF GENERAL LOCAL GOVERNMENT disaster under the Robert T. Stafford Dis- AND INDIAN TRIBES.— erty. Effective housing strategies with aster Relief and Emergency Assistance Act (1) SUSPENSION FOR DIRECTLY AFFECTED (42 U.S.C. 5121 et seq.) in connection with full funding would help to begin to ad- COMMUNITIES.—The percentage limitations Hurricane Katrina or Hurricane Rita. dress these underlying systemic issues under paragraph (8) of section 105(a) of the (2) INDIRECTLY AFFECTED COMMUNITY.—The which surface during this tragedy. Housing and Community Development Act of term ‘‘indirectly affected community’’ I would like to thank our housing 1974 (42 U.S.C. 5305(a)(8)) on the amount of means a unit of general local government or leaders again, Congressman BARNEY assistance under title I of such Act that may area that— FRANK and Congresswoman MAXINE be used for the provision of public services (A) is a metropolitan city, urban county, by a unit of general local government or In- or Indian tribe (as such terms are defined in WATERS, for attempting to make these dian tribe that is, or is within, a directly af- section 102(a) of the Housing and Community bills better. I welcome the opportunity fected community (as such term is defined in Development Act of 1974 (42 U.S.C. 5304(a)); to continue to work with my col- section 4 of this Act) shall not apply with re- (B) is not, and is not within, a directly af- leagues to authorize and to fund sig- spect to any of fiscal years 2005 through 2008 fected community; and nificant Katrina housing legislation in for such unit of general local government or (C) is determined by the Secretary of Hous- the near future. Indian tribe. ing and Urban Development to have been sig- Mr. FRANK of Massachusetts. (2) AUTHORITY TO SUSPEND FOR INDIRECTLY nificantly affected economically by the oc- Madam Speaker, I yield back the bal- AFFECTED COMMUNITIES.—For any indirectly currence of Hurricane Katrina or Hurricane ance of my time. affected community (as such term is defined Rita (including economic effects from the in section 4 of this Act), the Secretary may presence of persons evacuated from an area Mr. BAKER. Madam Speaker, I yield waive the applicability, for such period dur- for which the President has declared a major back the balance of my time. ing the fiscal years referred to in paragraph disaster in connection with Hurricane The SPEAKER pro tempore (Mrs. (1) as the Secretary considers appropriate, of Katrina or Hurricane Rita). BIGGERT). The question is on the mo- the percentage limitations under paragraph (3) SECRETARY.—The term ‘‘Secretary’’ tion offered by the gentleman from (8) of section 105(a) of the Housing and Com- means the Secretary of Housing and Urban Louisiana (Mr. BAKER) that the House munity Development Act of 1974 (42 U.S.C. Development. suspend the rules and pass the bill, 5305(a)(8)) on the amount of assistance under The SPEAKER pro tempore. Pursu- H.R. 3895, as amended. title I of such Act that may be used for the ant to the rule, the gentleman from provision of public services by a unit of gen- Louisiana (Mr. BAKER) and the gentle- The question was taken. eral local government or Indian tribe that is, The SPEAKER pro tempore. In the or is within, such indirectly affected commu- woman from California (Ms. WATERS) opinion of the Chair, two-thirds of nity. In determining the period for which to each will control 20 minutes. those present have voted in the affirm- waive such limitations, the Secretary shall The Chair recognizes the gentleman ative. take into consideration the specific eco- from Louisiana (Mr. BAKER). Mr. FRANK of Massachusetts. nomic circumstances of each such indirectly Mr. BAKER. Madam Speaker, I yield Madam Speaker, on that I demand the affected community. myself such time as I may consume. Madam Speaker, today I rise in sup- yeas and nays. (b) NONENTITLEMENT COMMUNITIES.—Assist- ance provided under title I of the Housing port of H.R. 3896, the Hurricane The yeas and nays were ordered. and Community Development Act of 1974 Katrina Emergency Relief CDBG Flexi- The SPEAKER pro tempore. Pursu- may be used for the provision of public serv- bility Act of 2005. Many local officials ant to clause 8 of rule XX and the ices in any directly affected community (as are quite familiar with the provisions Chair’s prior announcement, further such term is defined in section 4 of this Act) of the CDBG block grant program, proceedings on this motion will be without regard to the percentage limitations which enables local communities to postponed. under paragraph (8) of section 105(a) of such Act (42 U.S.C. 5305(a)(8)) on the amount of as- meet needs at their discretion. Within f sistance that may be used statewide in non- the body of the existing rules that govern the applicability of these funds, GENERAL LEAVE entitlement communities for such activities and any such amounts so used in any di- however, there is a provision that re- Mr. BAKER. Madam Speaker, I ask rectly affected community shall not be con- strains the utilization of money for unanimous consent that all Members sidered for purposes of such statewide limita- certain purposes to no more than 15 may have 5 legislative days within tions. percent of the total funds made avail- which to revise and extend their re- SEC. 3. SUSPENSION OF PUBLIC HEARING RE- able. marks and include extraneous material QUIREMENT. For example, the prohibited areas are on H.R. 3895. (a) IN GENERAL.—The Secretary shall, with limited areas and are known as public respect to a grant under section 106 of the The SPEAKER pro tempore. Is there services, would include activities such Housing and Community Development Act of as crime prevention. If a community objection to the request of the gen- 1974 (42 U.S.C. 5306) for fiscal year 2006 for tleman from Louisiana? any unit of general local government or In- wished to spend more than 15 percent There was no objection. dian tribe that is, or is located in, a directly of its block grant on crime-related affected community, waive or specify alter- services, it would be prohibited from f native requirements for the public hearing doing so now under the current rule. HURRICANE KATRINA EMERGENCY requirements specified under subsection (b). Further defined under the definition (b) PUBLIC HEARING REQUIREMENTS.—The of public services are homebuyer down RELIEF CDBG FLEXIBILITY ACT public hearing requirements specified under payment assistance, fair housing coun- OF 2005 this subsection are— seling, health services and child care. Mr. BAKER. Madam Speaker, I move (1) the requirement under section So in the affected area of the Katrina to suspend the rules and pass the bill 104(a)(2)(C) of the Housing and Community disaster, if a community wished to help (H.R. 3896) to temporarily suspend, for Development Act of 1974 (42 U.S.C. individuals get access to homeowner- communities affected by Hurricane 5304(a)(2)(C)) to hold public hearings; (2) the requirements under subparagraphs ship with a homebuyer down payment Katrina, certain requirements under (D) and (F) of section 104(a)(3) of such Act to assistance program, they would be lim- the community development block make certifications in the detailed citizen- ited in the scope of those funds to only grant program, as amended. ship participation plan regarding public 15 percent being made available for The Clerk read as follows: hearings; and that activity.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22377 This bill merely lifts temporarily Madam Speaker, community develop- Mr. Speaker, once again, this is a bill that 15 percent limitation on CDBG ment block grant is a proven program that is broadly, probably unanimously, block grants. that provides critical infrastructure re- supported, or overwhelmingly; and it I think it is a very good way to pro- sources, and it is a program that can reflects a good deal of conversation. We vide needed resources within local help Katrina victims in their stated appreciate the willingness of the Mem- communities to meet the needs as they goal of returning home. CDBG is one of bers on the majority side to come to- best see them. Of course, the grant is the best mechanisms that we can em- gether. Obviously, there continue to be still subject to all the normal review ploy to help in the reconstruction of some differences between us on some and processes, so there is account- the gulf region, because it puts money policy issues; but in terms of respond- ability for utilization, but it simply in the hands of the community and the ing to this emergency, those are not creates more flexibility within local city government, and they know what things that should get in the way. I governments to meet the needs of the to do with it. Furthermore, it is di- think both sides showed a spirit of co- communities as a result of these dire rected to rebuild critical infrastruc- operation. The majority was very help- circumstances. ture, which is a step or step one in re- ful, and we have legislation that can be Madam Speaker, I reserve the bal- establishing community. But, again, widely supported. ance of my time. that amounts at best to flexibility and But, once again, the problem is what Ms. WATERS. Madam Speaker, I at worse a little more than a legisla- it does is good, but what it does not do yield myself as much time as I may tive process, exercise. is not so good. In particular in this consume. H.R. 3896 provides no additional re- case we ought to be substantially in- Madam Speaker, today we stand here sources to the directly affected areas. creasing the CDBG funding. Now, we in the aftermath of Hurricane Katrina, Rather, this bill simply creates pro- are not the Committee on Appropria- considering uses for the community de- grammatic waivers which will allow tions. We do have an authorizing velopment block grant to address the flexibility but not expansion. power. housing and infrastructure crisis Let me just say this: We all agree at Giving the people the ability to spend wrought upon us by Hurricane Katrina this critical moment that CDBG is a on more things but not more money is and Hurricane Rita. Madam Speaker, it great program. Many of us have better than nothing, but not nearly is ironic because it was not more than thought to expand CDBG, because it is good enough. CDBG needs the kinds of a few months ago that I stood with my such a great program. This program things that CDBG does, both for the colleagues, opposed to the administra- helps large cities, small towns, commu- larger communities of 50,000 or more, tion’s attempt to block grant CDBG to nities, not only to repair its infrastruc- called ‘‘entitlement cities,’’ but also the States and to move CDBG and 17 ture but to provide services that can- what we should be doing here is pro- other programs to the Commerce De- not be provided in any other way be- viding to the Governors of the affected partment. I am so pleased that did not cause there are no other resources to States funding which they could use in happen. provide these services. their CDBG programming, because Today, based upon the proven merits My colleague from Louisiana just they get one-third of it, for those com- of this program, based on the effective- identified a number of those services, munities that are in areas of less than ness and consistency of a statutory helping people with down payment, 50,000 population, that is, they are the mission, based on the need to quickly helping with child care, helping with Small Communities Program, and we and effectively provide relief, the ad- other programs. I would have hoped should be increasing the funding there. ministration is now looking to CDBG, that we could have expanded this pro- I hope at an appropriate time we will and I support that. H.R. 3896 attempts gram. We could deal with the identified do that, because these communities are to make two major temporary changes needs, not only of New Orleans but the going to need a great deal of help. to the community development block other parishes and the surrounding The CDBG program is one of the log- grant. H.R. 3896 seeks to weigh the pub- communities and with Mississippi, ical ways to do it. We know how to lic services cap, which is currently set Gulfport, and Alabama, but because spend here. It is a program which has at 15 percent, and which I support, that CDBG is proven to be able to help move had virtually no scandal, to my knowl- is, with a caveat, and H.R. 3896 seeks to whole cities and communities from edge. It is a program which works well, waive the requirement for public hear- communities and cities where they and simply expanding this existing ings concerning the use of CDBG funds, have disproportionate poverty that funding mechanism would be one very and I am concerned about that. they have no resources to deal with. good way to get money to people very I am pleased that we have it here Madam Speaker, at the core of CDBG quickly in ways they know how to today so that we can lift the cap, and is its original statutory goal to develop spend. viable urban communities by providing they will have a little bit more flexi- But I also should note, as the gentle- decent housing and suitable living en- bility. Ladies and gentlemen, I want woman from California noted, I guess this to be a lesson for us, a lesson for vironments and the expansion of eco- in some ways those of us who have us all, that we should not only fight to nomic opportunities, principally for been advocates of an active govern- maintain CDBG in HUD and not trans- persons of low and moderate income. ment role in the housing and commu- fer it out to Department of Commerce, When I traveled to Baton Rouge and nity development areas can feel somewhere we would get people who do not New Orleans, I toured the devastation, what more supported today than we know what to do with it, do not know the homelessness and the desperation often are on this floor, because we have how to administer it and would only that had been created by this disaster. now had three bills in a row which take mess it up; but that we would expand it This hurricane certainly exacerbated advantage of the existence of federally so that we would have the resources to the poverty and lack of education, lack funded programs which have a lot of of economic opportunity that has deal with housing crises, because this is a great program to deal with housing critics around here. plagued New Orleans and surrounding We have had proposals from the ad- needs in every city and every town areas throughout the gulf, specifically ministration this year, from HUD, to across this country that is eligible for the African-American population. dismantle in their existing form both it. This hurricane has shown a virtual the voucher program and the CDBG spotlight on problems that are em- b 1615 program. There was a proposal to block blematic of inner cities all across this Mr. Speaker, I yield such time as he grant the voucher program. Block country. I spoke to people about their may consume to the gentleman from granting, by the way is what people do needs and their hopes for their imme- Massachusetts (Mr. FRANK), our rank- to programs they do not like. I have diate future. The one thing that was ing member, to further support CDBG. been here a long time. Nobody in my consistent, the one thing that was un- Mr. FRANK of Massachusetts. Mr. memory has ever proposed block grant- changing, was the determination of Speaker, I thank the gentlewoman for ing a Federal program which he or she people to return home. yielding me time. supported.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22378 CONGRESSIONAL RECORD—HOUSE October 6, 2005 What we had basically was an effort Of course, that was also the case with I also want to make known that the to cut back on the voucher program. rural housing, because one of the administration has exhibited great What we are doing now is taking the things I hope we will do in the near fu- concern, the President visiting the af- concept of the voucher program and ture, in the next few months, this year fected areas now many times, the var- greatly expanding it, through FEMA or next year, is to go to the rural hous- ious agency Secretaries, an innumer- funding; but, yes, it is a voucher pro- ing program and take some steps that able number of Federal employees, oc- gram that has not only proven its will preserve that as a source of afford- cupying one of the former largest de- worth but is a lifeline at a time when able housing. partment stores in our community in we need one. It would have been a bad There are trends and various com- an operations center that we have thing if we would have had to invent plications that we do not need to go never seen anything like before. Al- such a program right now because of into here now, which, if not confronted, though inefficient at times, never all the startup problems you would we could lose that housing. So we have meeting anyone’s expectations appro- have. a recognition today of the importance priately, many people, volunteers as Similarly, as the gentlewoman from of the concept of the voucher program. well as paid employees, have spent now California pointed out, this administra- We have a recognition of the impor- countless hours on the ground in all of tion proposed the most hair-brained re- tance of the Community Development the communities that are affected. organization of the Community Devel- Block Grant mechanism in delivering It is indeed a disaster beyond one’s opment Block Grant program imag- services with Federal funding. We have comprehension, and the remedies of- inable. They took the Community De- a recognition of the importance of pre- fered will take considerable time. velopment Block Grant, which aids serving and using that rural housing There is no magic wand in any Depart- communities, they took the Commu- stock. I hope all of those will go for- ment of the government, State, Fed- nity Services Block Grant, which deals ward. eral or local, one can wave and make with poverty, they took the Commu- Finally, Mr. Speaker, I do want to re- the hurt go away. This is going to take nity Development Financial Institu- peat again, these steps are useful. They a decade, if not longer. Restoration of tions, which deals with economic de- leave us with a lot to do. The problem the levees to a category 5 integrity, en- velopment in cities, and decided to put is that the Bush administration at this vironmental remediation to remove them all in the Commerce Department. point has zero proposals that will re- the siltation that was deposited, res- CDBG and CSBG have a particular spond to the longer-term needs of these toration of bridges and structures to impact on poverty. I think what hap- affected communities. I am told these provide people merely access to the proposals are coming, and I do not pened was they had a contest over communities in which they once re- doubt some of my colleagues will be there in the administration, maybe one sided, restoration of employer opportu- of those lotteries they have when they coming forward with them. But we did have a speech from the nities so people can have jobs, and try to help 1 percent of the people that President of the United States in which schools need to be built so kids can get need housing, and they decided to find he outlined his plans; and the one I an education, fire stations and police the Federal Department that had the looked at very closely was his housing stations must be built to provide for least orientation towards helping poor plan, his housing plan consisting of an civil order, this is no small task. So I say to my colleagues in the people, so they could take these pro- effort to find existing Federal prop- grams that help poor people and give it erties that the Federal Government United States House, I am deeply ap- to that Department. does not want or need and have a lot- preciative of your kind expressions of So we took it out of HUD, and we tery, so a very small percentage, 1 or 2 concern and offers of assistance. In took it out of the Health and Human percent of the people in need, can get fact, one of the barriers to speeding up Services Department, and they took Federal property and zero dollars from assistance, I wanted, along with Chair- programs out of Labor, and they sent any source that we control to help man NEY, to create a House Intranet, them to the Department of Commerce, make them into housing. And that, let just for House Members. I had Members I think on the grounds that the Depart- us be clear, that is the sum total of the who went to FEMA with resources they ment of Commerce really did not know President’s proposal for the longer wanted to volunteer to give to us in enough about poverty, and this is a term. It is wholly inadequate. our communities, and they could not way for them to learn. I am all for edu- We have made a step here today. I get through the regulatory processes to cating people, but not by giving them look forward to our being back on this do it in any reasonable time. Federal programs as their blocks. floor in coming months to talk about a I am now told if I were to propose, So what we have today is an affirma- broader set of proposals for community which I intend to do, the establishment tion in this bill of the importance of development, for housing and for other of a Web page on the official services of the Community Development Block things; and I hope at the time we will the House on which Members could vol- Grant program as a proven mechanism keep in mind the importance of build- untarily list assets which they would for getting aid out. ing on and improving these existing make available to communities to be Again, I want to say, and I suppose programs and continue to reject the used freely for restoration of services this will cause a little friction, maybe kind of radical dismantling that the in small towns across the gulf coast, some people will have to disassociate administration has proposed, and in- that would be a violation of House eth- themselves, but I do appreciate the dif- stead to try and have their return to ics, using official resources for a chari- ference between the members of our the 19th century with the concept of table solicitation. committee on the majority side in homesteading, which is inappropriate, I am asking Members to join on to a their approach to these things and the inadequate, and ill thought out. letter asking that the rules be waived administration. Unlike the administra- Mr. BAKER. Mr. Speaker, I yield my- or, if necessary, an act be passed on tion, which had as its intention dis- self such time as I may consume. this House floor, to allow those Mem- mantling these things, and we, I think Mr. Speaker, I want to make a brief bers who have come up to me and said, were not going to act on that, we are comment, but a heartfelt comment, I would like to offer this, to be able to here trying to build on them. about my appreciation to the gen- offer that to the mayors, police sys- Of course, there is always room for tleman from Ohio (Mr. OXLEY), the tems and those affected across the improvement. We have been having gentleman from Ohio (Mr. NEY), the stricken region. some conversations about how to im- gentleman from Massachusetts (Mr. My point is there is great empathy prove the voucher program, how to FRANK), and the gentlewoman from here in this body when disaster strikes streamline it, how to make it more ef- California (Ms. WATERS) as to the true this country. I am very appreciative of ficient. But substantially diminishing bipartisan manner in which these mat- that. I merely ask going forward that it would have been a mistake. So I am ters have been debated, considered, and we continue to work in a bipartisan very pleased. supported. manner as we propose remedies coming

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22379 from those in the affected communities b 1630 The question was taken. that we believe appropriate and respon- I am just wondering aloud and hope- The SPEAKER pro tempore. In the sible. ful that we will all give it some very, opinion of the Chair, two-thirds of I do not wish to leave this day with- very deep thought, about how we can those present have voted in the affirm- out expressing the view held by all truly be of assistance to these victims ative. members of the Louisiana House dele- long after the FEMA assistance is no Ms. WATERS. Mr. Speaker, on that I gation: we understand this is United longer operative or the Red Cross as- demand the yeas and nays. States taxpayers’ money. We under- sistance is no longer operative. The yeas and nays were ordered. stand there are people in jobs across Mr. OXLEY. Mr. Speaker, today I rise in The SPEAKER pro tempore. Pursu- this country working to pay their bills; support of H.R. 3896, the Hurricane Katrina ant to clause 8 of rule XX and the and we are asking, through you, to Chair’s prior announcement, further take their money and give it to us. Cer- Emergency Relief CDBG Flexibility Act of 2005. This legislation would temporarily re- proceedings on this motion will be tainly we have need, but we also under- postponed. stand there should be accountability. move the public services cap on a locality’s It should be transparent, and any abu- Community Development Block Grant, CDBG, f funds and would waive the program’s public sive practice should be held account- GENERAL LEAVE able; and people who take advantage of hearing requirement for Hurricanes Katrina this circumstance should be held to the and Rita affected areas. Mr. BAKER. Mr. Speaker, I ask measure of conduct that is appropriate. In the aftermath of Hurricanes Katrina and unanimous consent that all Members So I say to my Members of the Rita, the Federal and local governments now may have 5 legislative days within House, continue to work with us. We face the Herculean task of coordinating the re- which to revise and extend their re- understand your obligation to protect location of thousands upon thousands of indi- marks and include extraneous material the public trust, but we have to bal- viduals and families whose lives have been on the bill just considered. ance that with the needs of people who torn apart by devastation and rising flood The SPEAKER pro tempore. Is there are now the victims of the greatest waters. objection to the request of the gen- natural disaster in our Nation’s his- This bill would allow communities affected tleman from Louisiana? tory. I assure you, we will do our part. by Hurricanes Katrina and Rita to receive There was no objection. grants under the CDBG program in an expe- We will introduce a bill to provide for f permanent resolution of our housing dited fashion. First, temporarily removing the disaster, and I hope you will give it the public services cap would give affected com- HONORING THE LIFE AND WORK care and concern you have dem- munities flexibility in applying grant funds to OF SIMON WIESENTHAL onstrated today. hurricane affected areas. Second, although Mr. SMITH of New Jersey. Mr. Ms. WATERS. Mr. Speaker, I yield the community participation provision is an im- Speaker, I move to suspend the rules myself such time as I may consume. portant part of the CDBG program, it is not and agree to the concurrent resolution Mr. Speaker, I would like to say to currently feasible for affected localities to hold (H. Con. Res. 248) honoring the life and my colleague on the opposite side of a public hearing. In the interest of time, tem- work of Simon Wiesenthal and re- the aisle, the gentleman from Lou- porarily removing the public hearing require- affirming the commitment of Congress isiana (Mr. BAKER), that I agree with ment would allow funding to be dispersed to the fight against anti-Semitism and him that there should be a mechanism more efficiently so that affected communities intolerance in all forms, in all forums, by which people who have goods and may begin the rebuilding process. and in all nations, as amended. services to donate to these small towns In times like these, it is more important than The Clerk read as follows: and these parishes, there should be a ever for Americans to stand united in helping H. CON. RES. 248 way by which they should be able to do our fellow citizens. The House of Representa- that; and I would support such an ef- tives will continue to stand with the people of Whereas Simon Wiesenthal, who was known as the ‘‘conscience of the Holocaust’’, fort. Because as I traveled throughout the gulf coast throughout this effort, and we was born on December 31, 1908, in Buczacz, my community, in the churches where encourage Americans who want to help to Austria-Hungary, and died in Vienna, Aus- we talked about this disaster, I had contact charitable organizations in their area. tria, on September 20, 2005, and he dedicated many of the parishioners say to me America has overcome challenges in the past. the last 60 years of his life to the pursuit of that they owned land in Louisiana or As members of the House and specifically the justice for the victims of the Holocaust; in Texas and they would like to donate Financial Services Committee, we are pre- Whereas, during World War II, Simon their land for the siting of manufac- pared to roll up our sleeves and do the hard Wiesenthal worked with the Polish under- tured housing or even for RVs or some- work to overcome this tragedy. Giving commu- ground and was interned in 12 different con- thing of that nature. They were not centration camps until his liberation by the nities easier access to their CDBG dollars is United States Army in 1945 from the sure, but they knew they wanted to put just one step in the process of helping those Mauthausen camp; the land to use for the victims of the who have been affected by Katrina and Rita’s Whereas, after the war, Simon Wiesenthal hurricane. So I think we should find a waters. worked for the War Crimes Section of the way by which to do that. I would like to thank Housing Subcommittee United States Army gathering documenta- In addition, CDBG is such a good pro- Chairman BOB NEY for his expeditious work in tion to be used in prosecuting the Nuremberg gram that I could not help but wonder sending this bill to the floor. I would also like trials; as I sat here whether or not some of to thank Chairman RICHARD BAKER, Congress- Whereas Simon Wiesenthal’s investigative work and expansive research was instru- the money that may not be well spent man BARNEY FRANK, and Congresswoman mental in the capture and conviction of in FEMA should be transferred in some MAXINE WATERS for their bipartisan support in way over to CDBG. Because, again, I more than 1,000 Nazi war criminals, includ- moving this bill. ing Adolf Eichmann, the architect of the wonder about those persons who lost I urge my colleagues to support this piece of Nazi plan to annihilate European Jewry, and their homes and all of their furnishings legislation. Karl Silberbauer, the Gestapo officer respon- and they have no flood insurance. They Ms. WATERS. Mr. Speaker, I yield sible for the arrest and deportation of Anne will receive FEMA assistance of $26,000, back the balance of my time. Frank; some of which will go toward rent, and Mr. BAKER. Mr. Speaker, I have no Whereas numerous honors and awards were then it will run out, but the house is further requests for time, and I yield bestowed upon Simon Wiesenthal, including still left there, to be rehabilitated if it back the balance of my time. the Congressional Gold Medal, honorary can be, or to be rebuilt and furnishings The SPEAKER pro tempore (Mr. SIM- British Knighthood, the Dutch Freedom Medal, the French Legion of Honor, the MONS). The question is on the motion need to be purchased, et cetera, et World Tolerance Award, and the Jerusalem cetera. It seems to me that CDBG offered by the gentleman from Lou- Medal; would be a wonderful way by which to isiana (Mr. BAKER) that the House sus- Whereas the Simon Wiesenthal Center was do rehabbing of housing and reestab- pend the rules and pass the bill, H.R. founded in 1977 in Los Angeles and named in lishing of housing and homes. 3896, as amended. honor of Simon Wiesenthal to promote

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22380 CONGRESSIONAL RECORD—HOUSE October 6, 2005 awareness of anti-Semitism, monitor neo- of the 6 million victims of the Holo- and I urge all of my colleagues to sup- Nazi and other extremist groups, and help caust, he began the tedious work of port this very important resolution. bring surviving Nazi war criminals to jus- tracing and tracking war criminals Mr. Speaker, I reserve the balance of tice; who had been overlooked by the first Whereas, in 1978, inspired in part by the my time. work of Simon Wiesenthal, the Congress en- waves of prosecutions by the allies and Mr. LANTOS. Mr. Speaker, I rise in acted a law to deny citizenship and Federal the new European governments. He strong support of H. Con. Res. 248, a benefits to former Nazis, and the Office of worked meticulously and judiciously, resolution honoring the life and coura- Special Investigations of the Department of sticking to the evidence at hand and geous work of my friend, Simon Justice has since conducted more than 1,500 avoiding any sensationalism. This oc- Wiesenthal, and I yield myself such investigations, won 101 cases, and blocked casionally brought him in conflict with time as I may consume. the immigration of 170 individuals, and the others, but that was his way. Mr. Speaker, I want to commend my work of the Office continues; The killers who managed Hitler’s fac- Whereas, in keeping with the efforts of colleague from California (Mr. WAX- Simon Wiesenthal, many governments have tories of death could never rest. Simon MAN) for introducing this resolution, responded to the growing tide of anti-Semi- Wiesenthal was tireless in his pursuit the gentleman from Illinois (Mr. HYDE) tism worldwide, elected leaders have spoken of them. His dedication and dogged de- for his support in bringing it to the out against anti-Semitism, and law enforce- termination was instrumental in the floor so quickly, and I want to express ment officials and prosecutors have aggres- capture and conviction of Adolf Eich- a special thanks to my good friend sively pursed the perpetrators of anti-Se- mann, the architect of the Nazi plan to from New Jersey (Mr. SMITH) who has mitic acts; and annihilate European Jewry, as well as been an indefatigable fighter for all the Whereas Simon Wiesenthal’s legacy teach- Karl Silberbauer, the Gestapo officer es that the perpetrators of genocide cannot causes that Simon Wiesenthal fought and will not be allowed to hide from their who committed many heinous crimes for and fighting against the monstrous crimes: Now, therefore, be it including the arrest of Anne Frank. hatred to which Simon Wiesenthal Resolved by the House of Representatives (the While many Nazis eluded immediate dedicated his life against. Senate concurring), That the Congress— justice at the end of World War II, Mr. Speaker, when Simon Wiesenthal (1) honors the life and work of Simon many did not escape it forever, thanks died on September 20, the world lost Wiesenthal to memorialize the victims of the to Simon Wiesenthal. Today, as we one of its great heroes of the last cen- Holocaust and to bring the perpetrators of fight anti-Semitism across the OSCE crimes against humanity to justice; tury. He was the conscience of the Hol- region, Europe and the Middle East and ocaust who labored heroically for dec- (2) reaffirms its commitment to the fight in Asia, we remember his legacy and against anti-Semitism and intolerance in all ades to make certain that history will forms, in all forums, and in all nations; and act on the lessons of the Holocaust. His not forget that nightmare, nor let its (3) urges all members of the international noble work was fueled by a passion for perpetrators escape justice. He did this, community to facilitate the investigation justice that has and will inspire others. as he said, not just for the Holocaust In the United States, his example and and prosecution of surviving Nazi war crimi- victims like himself, but for his grand- nals and to continue documenting and col- inspiration led to the establishment of children, because if one generation’s lecting information on Nazi war crimes for the Office of Special Investigations criminals go unpunished, their de- archival and historical purposes. which allowed war criminals who found scendents will conclude that they too The SPEAKER pro tempore. Pursu- their way to our shores to be brought can literally get away with murder. ant to the rule, the gentleman from to justice. New Jersey (Mr. SMITH) and the gen- As noted in the resolution, Mr. Simon was a personal friend of mine tleman from California (Mr. LANTOS) Speaker, the Simon Wiesenthal Center, who inspired my wife Annette who, each will control 20 minutes. which has offices in L.A., Paris, New like me, is also a Holocaust survivor, The Chair recognizes the gentleman York, Toronto, Miami, Jerusalem and in her efforts on behalf of another from New Jersey (Mr. SMITH). Buenos Aires, which has become a lead- giant of righteousness and decency, Mr. SMITH of New Jersey. Mr. ing institution in advocating both re- Raoul Wallenberg, the Swedish dip- Speaker, I yield myself such time as I membrance and tolerance so as to help lomat who saved the lives of tens of may consume. prevent future genocides, was named in thousands of Hungarian Jews during Mr. Speaker, as a cosponsor of H. his honor. The Simon Wiesenthal Cen- the Nazi era. Con. Res. 248, I am very pleased to ter in Paris, I would point out to my Wallenberg disappeared after the So- bring this timely resolution before the colleagues, testified at two Helsinki viet Army seized Hungary in 1945. Over House today. I thank the sponsor of the hearings that I chaired, and we in- 30 years later, it was Simon Wiesenthal resolution, the gentleman from Cali- ducted Shimon Samuels, who provided who announced at a press conference in fornia (Mr. WAXMAN) and the leader- expert testimony on the deterioration 1977 that Wallenberg was alive and im- ship of the gentleman from Illinois of respect for Jews in Europe, the prisoned in Siberia. That announce- (Chairman HYDE) of the Committee on United States and Canada. Also, I ment reenergized my wife Annette to International Relations, as well as the would point out to my colleagues that intensify her search for Wallenberg and gentleman from California (Mr. LAN- the dean of the Simon Wiesenthal Cen- to obtain his release. TOS), a Holocaust survivor himself, for ter participated this past June in the Mr. Speaker, Simon Wiesenthal was a crafting this measure in honor of an U.S. delegation to the Cordoba OSCE survivor who lived through numerous extraordinary man who has passed Conference on Anti-Semitism and cruel, forced marches and imprison- from our midst, Simon Wiesenthal. Other Forms of Intolerance. ment in many concentration camps. As Known as the ‘‘Conscience of the Hol- Mr. Speaker, Congress honored all who experienced that unimaginable ocaust,’’ Mr. Wiesenthal deserves rec- Simon Wiesenthal with a Gold Medal, nightmare, he was deeply changed by ognition and the deepest respect by the and he won countless other forms of the experience of the Holocaust. Congress of the United States. recognition from grateful individuals When American forces liberated this Simon Wiesenthal died at the age of in governments from around the world. emaciated young man from the 97 in Vienna, Austria on September 20, Simon Wiesenthal confronted human- Mauthausen concentration camp in 2005. A Ukrainian architect and civil ity with the truth about those who Austria, he weighed a little over 90 engineer by training, he survived five masterminded and carried out the Hol- pounds. Nazi death camps during World War II. ocaust. As a testament to the memory Rather than continue with his pre- Yet, he lost a staggering 89 relatives in of the millions of victims, he gave war profession of architecture, the Holocaust. meaning to the words ‘‘never again’’ by Wiesenthal made it his life’s work to Mr. Wiesenthal lived by his own helping us to learn from the lessons of pursue justice for victims who could words. ‘‘There is no freedom without the past. Now that he has passed away, not do this for themselves. Through his justice,’’ he would say. Living in Eu- we must resolve to continue his work, untiring efforts, some 1,100 Nazi war rope, almost literally among the ashes as is urged upon us in this resolution, criminals were tracked down and

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22381 brought to justice. Some of these rep- by American troops, he pledged to dedi- He began with painstaking detective work in resented the holocaust’s most egre- cate his survival to the fight for justice the War Crimes Section of the United States gious and monstrous perpetrators. for Nazi victims. Army, gathering documentation to be used in They include Karl Silberbauer, the Ge- b 1645 the prosecution of the Nuremberg trials. His stapo officer who arrested and sent to meticulous archival research became a key He began with painstaking detective her death young Anne Frank of Am- building block for the Yad Vashem archive in work in the War Crimes Section of the sterdam; Franz Stangl, the vicious and Jerusalem. brutal commandant of the Sobibor and U.S. Army, gathering documentation And when the Iron Curtain fell and the allied to be used in the prosecution of the Treblinka death camps; and perhaps powers tired of tracking Nazi war criminals, Nuremberg trials. His meticulous ar- the most notorious of all, Adolf Eich- Simon Wiesenthal pressed on. He helped lo- chival research became a key building mann, the Nazi SS commander who cate Adolf Eichman, the architect of the ‘‘Final block for the Yad Vashem archive in was the person primarily responsible Solution,’’ who was put on trial and hanged in Jerusalem. for formulating and carrying out Hit- Israel. He tracked down the Gestapo officer And when the Iron Curtain fell and ler’s ‘‘final solution’’ for the Jewish who arrested and deported Anne Frank to the allied powers tired of tracking Nazi people. It was Eichmann who arrived in prove wrong the early Holocaust deniers who war criminals, Simon Wiesenthal Budapest in July of 1944 to eliminate claimed her story was untrue. pressed on. He helped locate Adolf the Jewish population of Hungary, and His efforts also led to the capture of Nazi Eichmann, the architect of the Final he succeeded in large measure. war criminals living here in the United States. Solution, who was put on trial and Wiesenthal’s tireless work as a Nazi His success inspired the creation of the Office hanged in Israel. hunter was undertaken to demonstrate His efforts also led to the capture of of Special Investigations at the Justice Depart- that those who commit crimes against Nazi war criminals living here in the ment to seek their denaturalization and depor- humanity will face justice. He United States. His success inspired the tation. preached vigilance so that never again creation of the Office of Special Inves- To date, OSI has won 101 cases. Its most would the world witness the tragedy of tigations at the Justice Department to recent victory came in August when a U.S. the Holocaust and be complicit seek their denaturalization and depor- District Court in Chicago revoked the citizen- through inaction. tation. ship of a member of a Nazi-sponsored Ukrain- Wiesenthal helped in the establish- For Mr. Wiesenthal, the pursuit of ian unit that decimated the Jewish community ment of two important institutions. war criminals and hate groups was an of Lvov. First, in 1947, he founded the Jewish integral part of Holocaust remem- For Mr. Wiesenthal, the pursuit of war crimi- Documentation Center in Linz, Aus- brance. The genocide of millions could nals and hate groups was an integral part of tria, from which he conducted his own not be mourned properly while the Holocaust remembrance. The genocide of mil- relentless search for perpetrators of murderers walked free. The cry of lions could not be mourned properly while the Nazi crimes against humanity; and ‘‘never again’’ could not be fulfilled if murderers walked free. The cry of ‘Never then in 1977, he gave inspiration to the the world did not act against neo-Nazis Again’ could not be fulfilled if the world did not Simon Wiesenthal Center, a Holocaust and other extremists who continue to act against neo-Nazis and other extremists memorial foundation that established foment hatred and violence. continuing to foment hatred and violence. the Museum of Tolerance in Los Ange- I am especially proud that my dis- I am especially proud that my district in Los les. That museum focuses its work on trict in Los Angeles is home to the Angeles is home to the Simon Wiesenthal the prosecution of Nazi war criminals, Simon Wiesenthal Center, a leading Center—a leading voice in Holocaust edu- the commemoration of the events of voice in Holocaust education and the cation and the fight against anti-Semitism, rac- the Holocaust, teaching tolerance of all fight against anti-Semitism, racism, ism and extremism. mankind and fighting against bigotry and extremism. With offices around the world, the and anti-Semitism. With offices around the world, the Wiesenthal Center has actively worked with Mr. Speaker, my wife Annette and I Wiesenthal Center has actively worked UNESCO, the OSCE, individual nations and will miss our visits with Simon with UNESCO and the OSCE individual regional institutions to fight increasing anti- Wiesenthal, but he has left us with a nations and regional institutions to Semitism in Europe and expose hate groups proud legacy through his vigilance, fight increasing anti-Semitism in Eu- on the Internet. through his bravery, through his deter- rope and expose hate groups on the The Center’s Museum of Tolerance, opened mination and through his passionate Internet. in 1993, has welcomed over 4 million visitors commitment to justice. The center’s Museum of Tolerance to its permanent collection on the Holocaust Mr. Speaker, I urge all of my col- opened in 1993 and has welcomed over 4 and contemporary exhibits on Rwanda, leagues to join me in supporting this million visitors to its permanent col- Sudan, and the former Yugoslavia. legislation today and in honoring this lection on the Holocaust and contem- Thousands of students, teachers, and law titan of justice who reminded us that porary exhibits on Rwanda, Sudan, and enforcement officers have participated in the mass murder must never go the former Yugoslavia. Museum’s ‘‘Tools for Tolerance’’ program to unpunished. We remember a great man These programs are all part of Simon combat hate crimes, prejudice, and bias in our who taught us that solemn commemo- Wiesenthal’s legacy as a hero to the own communities. ration is what true remembrance victims of the Holocaust, the survivors, These programs are all part of Simon means. and future generations. Wiesenthal’s legacy as a hero to the victims of Mr. Speaker, I am delighted to yield As we mourn his passing, let us reaf- the Holocaust, the survivors, and future gen- 3 minutes to the gentleman from Cali- firm our commitment to honor his erations. fornia (Mr. WAXMAN), the author of this courage and conviction and continue As we mourn his passing, let us reaffirm our resolution. his life’s work. commitment to honor his courage and convic- Mr. WAXMAN. Mr. Speaker, I rise to Mr. Speaker, I rise to pay tribute to Simon tion and continue his life’s work. pay tribute to Simon Wiesenthal, a Wiesenthal, a tireless champion of justice for Mr. LANTOS. Mr. Speaker, I am de- tireless champion of justice for the vic- the victims of the Holocaust and for all human- lighted to yield 3 minutes to the distin- tims of the Holocaust and for all hu- ity. guished gentleman from Maryland (Mr. manity. As a survivor of the Holocaust, Simon CARDIN) who has been an indefatigable As a survivor of the Holocaust, Wiesenthal called his life a miracle. He often fighter against discrimination of all Simon Wiesenthal called his life a mir- wondered whether it was by strength, Provi- types during his entire congressional acle. One often wondered whether it dence, or simple luck that he survived 12 career. was by strength, providence or simple gruesome concentration camps. But when he Mr. CARDIN. Mr. Speaker, let me luck that he survived 12 gruesome con- emerged from Mauthausen, liberated by Amer- thank the gentleman from California centration camps, but when he ican troops, he pledged to dedicate his sur- (Mr. LANTOS) for being the leader in emerged from Mauthausen, liberated vival to the fight for justice for Nazi victims. this body for us never to forget the

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22382 CONGRESSIONAL RECORD—HOUSE October 6, 2005 Holocaust and the lessons of the Holo- tice that is achieved through account- successful Nazi-hunter and advocate for reli- caust. ability. And while many of us would gious tolerance. Let me thank the gentleman from like to believe that all people are at In the history of mankind, few events are as New Jersey (Mr. SMITH) for his leader- heart decent and God-fearing, the re- deplorable, unconscionable, and unrepeatable ship on the Helsinki Commission and ality is that evil does exist among us. as the Holocaust. During this period, Nazi on the International Relations Com- And it is that threat of justice being Germany imprisoned, enslaved, tortured, and mittee and speaking up about intoler- served, of people’s deeds and people eventually murdered 11 million Jews, Gypsies, ance and fighting all forms of discrimi- themselves being held accountable that homosexuals, political dissidents, and others. nation. in fact does deter evil, and thus is an Mr. Simon Wiesenthal, a Polish Jew, was one I thank the gentleman from Cali- instrument that we can use to reduce of those individuals imprisoned by the Nazis. fornia (Mr. WAXMAN) for his leadership suffering and to save lives. And that is After being taken from his home and his wife in bringing forward this resolution so what Simon Wiesenthal’s life’s work Cyla, Wiesenthal successfully escaped one that we can spend a few moments to was designed to do. concentration camp, only to be recaptured. commemorate the life of Simon I would like to just use some of his Suspecting his wife was dead, and thousands Wiesenthal. own words because I think they are fit- of people dying beside him, Wiesenthal coura- As has been pointed out, Simon ting in the context of this resolution. geously survived. Wiesenthal was a survivor from the He said: ‘‘I am someone who seeks jus- After the United States and our allies de- Holocaust. He lost 89 relatives to the tice, not revenge.’’ He said: ‘‘When his- feated the Axis Powers in World War II, many Holocaust and then decided to devote tory looks back, I want people to know thousands of Nazis fled Germany, knowing full his life to bringing those responsible the Nazis were not able to kill millions well that they would face justice for their un- for the Holocaust to justice. As a result of people and get away with it. This is thinkable crimes if they remained. Many Nazis of his work, many people were brought a warning for the murderers of tomor- established new identities and lived their lives to trial and held accountable for their row that they will never rest. When we with a secret so hideous they told no one. roles in the Holocaust. It established a cannot through some action warn the Upon liberation by the Allies, Wiesenthal re- legacy that we will never allow people murderers of tomorrow, then millions united with Cyla and regained his health, and who are responsible for crimes against of people will die for nothing. And immediately dedicated his efforts to bringing humanity to go unpunished. Nazi war-criminals to justice. He was instru- when we come to the other world and Today, we have permanent centers mental in aiding the U.S. Army’s prosecution meet the millions of Jews who died in for tolerance that Simon Wiesenthal of many prominent Nazi criminals at the Inter- the camps and they ask us what have was responsible for establishing. I have national Military Tribunal in Nuremberg, Ger- you done, there will be many answers the honor of being the ranking Demo- many. To prosecute the countless Nazis who but I will be able to say ‘I did not for- crat on the Helsinki Commission. The had evaded the law, Wiesenthal, along with get you.’ ’’ gentleman from New Jersey (Mr. several other Holocaust survivors, founded the And just one last thing. On the Aus- SMITH) is our chairman. We are in- Jewish Documentation Center in Austria to trian policeman who was arrested for spired by Mr. Wiesenthal’s work in our collect and prepare evidence for future trials. the murder of Anne Frank because of fight to end all forms of intolerance Over the years, Wiesenthal honed his exper- Mr. Wiesenthal’s dogged determina- and discrimination, including anti- tise in researching, tracking, and ultimately tion, he said: ‘‘My most hard work, and Semitism; and we worked with Simon capturing Nazi criminals scattered throughout I am very proud of this case, was to Wiesenthal in mind to establish inter- the world so they could face trial. national priorities to fight anti-Semi- find the man who arrested Anne Frank. Though the world community had collabo- tism. Our conference in Berlin in 2004 The Family Frank was like 10,000 other rated to protect against future genocides, and the OSCE’s 2005 conference in Cor- families, but Anne Frank became a Wiesenthal personally strived to meet this doba, Spain in which the Simon symbol of the million murdered chil- goal. As one of the foremost speakers on the Wiesenthal Center was a leading par- dren. And I tell it to the father of Anne subject, he educated people around the world ticipant, all this helps develop the leg- Frank, the diary of his daughter had a about the Holocaust and the prevention of acy of Simon Wiesenthal. bigger impact than the entire Nurem- genocide and intolerance. In 1977, the Simon Civilized nations must pursue all berg trial. Why? Because people identi- Wiesenthal Center was established to further those who promote or carry out acts of fied with the child. This was the im- pursue the prosecution of hiding Nazi crimi- anti-Semitism, intolerance, or crimes pact of the Holocaust. This was a fam- nals, monitor anti-Semitism, and promote reli- against humanity. Politicians, teach- ily like my family, like your family gious and racial tolerance. ers, and community leaders have an ob- and so you could understand this.’’ On September 20, 2005, Simon Wiesenthal ligation to speak out against pro- Simon Wiesenthal was a mere mortal passed away of natural causes. He had led an moters of hate. Only through our con- human being. But his legacy and his extraordinary life as a Holocaust survivor, edu- tinued vigilance can we ensure justice, lessons should be immortal for all our cator, political activist, and humanitarian. By deter future war crimes, and send the sakes. the time he retired in 2003, he and his col- message that political and military Mr. LANTOS. Mr. Speaker, I have no leagues had brought over one thousand hiding leaders that promote or condone acts further requests for time, and I yield Nazi war criminals to justice. For decades, of genocide will face prosecution to the back the balance of my time. these Nazis thought they were above the law fullest extent of the law. This is how Mr. SMITH of New Jersey. Mr. and would avoid trial. Wiesenthal and others we should remember and honor Simon Speaker, I yield myself such time as I proved that no crime so horrific goes Wiesenthal’s legacy. may consume. unpunished, and there is no escaping their re- Mr. LANTOS. Mr. Speaker, I am Mr. Speaker, just to conclude, I sponsibility. Wiesenthal also succeeded in pleased to yield 3 minutes to the gen- would especially like to thank the gen- keeping the memories of the Holocaust alive tleman from Virginia (Mr. MORAN). tleman from California (Mr. LANTOS), and teaching others to embrace diversity, so Mr. MORAN of Virginia. Mr. Speak- as I said earlier, a Holocaust survivor future genocides may be prevented. er, I want to thank the gentleman from himself, for his very clear and unam- Mr. Speaker, I believe that Simon New Jersey (Mr. SMITH) and the gen- biguous statement in support of human Wiesenthal embodies the ideals that are so tleman from California (Mr. WAXMAN) rights globally, but especially as it re- important to the United States: a commitment and particularly the gentleman from lates to a very disturbing trend with to justice, a common good based on toler- California (Mr. LANTOS). regards to anti-Semitism, and for his ance, and ensuring a secure future by edu- Mr. Wiesenthal’s living spirit must eulogy today, on the floor, to his dear cating our youth. For his achievements, the have soared to hear the gentleman friend, Simon Wiesenthal. United States has already awarded from California (Mr. LANTOS) speak on Mr. UDALL of Colorado. Mr. Speaker, I rise Wiesenthal the Presidential Medal of Free- this resolution. today in support of House Concurrent Resolu- dom, the Congressional Gold Medal of Honor, Simon Wiesenthal spent most of his tion 248, honoring the life and achievements and many other honors. This resolution rein- adult life in pursuit of justice, the jus- of Mr. Simon Wiesenthal, the world’s most forces the United States’ utmost respect and

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00029 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22383 admiration for Simon Wiesenthal, who bravely Wiesenthal sacrificed his life to ensuring their cated his life to the search of fugitive Nazi war endured through history’s darkest hour to give memories would live forever. criminals. The ideals of truth and justice guid- justice to those who perished in the Holocaust. In his memoirs, Mr. Wiesenthal quotes what ed his effort to fight anti-Semitism and as we Though Simon Wiesenthal has passed on, the one Nazi officer told him late in World War II, mourn, we are reminded of our commitment to United States must continue to pursue the ‘‘You would tell the truth [about the concentra- these ideals as part of our duty to humanity. noble endeavors he championed, and give tion camps] to the people in America. And you I am proud to be a cosponsor of H. Con. Res. hope to victims of injustice of the past, know what would happen, Wiesenthal? They 248, which we are considering on the floor present, and future. wouldn’t believe you. They’d say you were today. I would like to thank Representative HENRY mad. Might even put you into an asylum. How Simon Wiesenthal was born on December WAXMAN for introducing this resolution. I urge can anyone believe this terrible business—un- 31, 1908 in Buczacz, Galicia, then part of the my colleagues to support H. Con. Res. 248 less he has lived through it?’’ Austro-Hungarian Empire and now part of and always remember and honor Simon Mr. Speaker, Simon Wiesenthal lived Ukraine. He received a degree in architectural Wiesenthal. through it. He made us believe it. And we will engineering in 1932 from the Technical Uni- Mr. DREIER. Mr. Speaker, I rise today in never forget it. That will be his eternal legacy. versity of Prague, and in 1936 he began work- Mr. EMANUEL. Mr. Speaker, I rise today in strong support of H. Con. Res. 248, honoring ing at an architectural office in Lvov; he did strong support of H. Con. Res. 248, a resolu- the life of Simon Wiesenthal, and thank my not, however, continue his career in architec- tion honoring the memory and legacy of good friend, the gentleman from California, Mr. ture. Three years later, with the partition of Simon Wiesenthal, a man known as the ‘‘con- WAXMAN, for authoring this important resolu- Poland and the flood of the Red Army in Lvov, science of the Holocaust.’’ Wiesenthal was re- tion. We were all saddened to hear recently Simon Wiesenthal began losing family mem- that Mr. Wiesenthal passed away at the age of lentless in the pursuit of justice for victims of the Holocaust and the eradication of anti-Sem- bers to German brutality. After escaping sev- 96. eral near-death situations himself, in 1945 Mr. Wiesenthal overcame great trials to be- itism around the globe. Born on New Year’s Eve in 1908, Simon Simon Wiesenthal was liberated by American come one of the few fortunate enough to sur- forces from the concentration camp of vive the slaughter of 6 million people during Wiesenthal spent the bulk of his life fighting for those who, like him, had suffered unspeak- Mauthausen in Austria. the Holocaust. He did not escape unscathed After almost giving up, Simon Wiesenthal as, tragically, 89 members of his family per- able wrongs at the hands of the Nazis and their collaborators across Europe. He was in- regained his strength and redefined his life’s ished at the hands of the Nazis. task as a quest for justice. He did not vow to Almost immediately upon being liberated by terned at the Janwska concentration camp in 1941 and survived twelve different camps until fight for vengeance. Instead, the goal of his an American military unit on May 5, 1945, Mr. noble cause was to create a historical memory Wiesenthal dedicated his life to tracking down his liberation from the Mauthausen camp in 1945. From that moment until his passing on that would prevent any repetition of the hor- and bringing to justice Nazi war criminals. Ini- September 20, 2005, Simon Wiesenthal dedi- rible atrocities committed during the Holo- tially working for the Army’s Office of Strategic cated his life to fighting for those who perished caust. Services and Counter-Intelligence Corps, and in the Holocaust. He was instrumental in tracking down fugi- later operating the Jewish Historical Docu- He was a man of indomitable spirit and tive Nazis, and a significant component of his mentation Center in Vienna, Mr. Wiesenthal is courage, and even greater was his resolve mission was to pressure governments around credited with obtaining the information nec- after the war. Almost immediately after leaving the world to continue their pursuit and perse- essary to apprehend more than 1,100 war Mauthausen, Simon Wiesenthal set out to col- cution of war criminals. The Simon Wiesenthal criminals. As Rabbi Marvin Hier, Dean of the lect and prepare evidence for the War Crimes Center, an international Jewish human rights Simon Wiesenthal Center, described him, Section of the United States Army for use in organization dedicated to preserving the mem- ‘‘Simon Wiesenthal was the conscience of the the Nuremberg trials, thus beginning his life- ory of the Holocaust carries on his legacy. Holocaust.’’ long work as a Nazi hunter. Simon Wiesenthal was committed to the re- Among the most egregious mass murderers Over the past 60 years, Wiesenthal’s re- that he helped apprehend was Adolf Eichman, membrance of those who he feared would be search and investigative work led to the cap- forgotten, and today we become committed to who, as a member of the Gestapo, supervised ture and conviction of more than 1,000 Nazi the execution of the Jewish ‘‘Final Solution.’’ remembering him. While in Vienna in 1993, war criminals, including the infamous Adolf Simon Wiesenthal said, ‘‘To young people Mr. Wiesenthal also was responsible for aiding Eichmann. Simon Wiesenthal was the recipi- in the captures of Karl Silberbauer, the Ge- here, I am the last. I’m the one who can still ent of countless awards, including honorary speak. After me, it’s history.’’ To continue his stapo officer who arrested Anne Frank; Franz British Knighthood, the Dutch Freedom Medal, Stangl, the commandant of the Treblinka and mission, we must not forget this history. We the French Legion of Honor, the World Toler- must continue to fight for the same principles Sobibor concentration camps in Poland; and ance Award, and the Congressional Gold Hermine Braunsteiner, who supervised the that defined Simon Wiesenthal’s objective. It is Medal. troubling that even today one of the most no- killings of hundreds of children and who had When some of Wiesenthal’s fellow survivors torious sentiments of the Second World War— found refuge in the United States. asked him why he decided to become a Nazi anti-Semitism—has yet to be eradicated. It is Mr. Speaker, while Mr. Wiesenthal devoted hunter, he looked down at the flames of the the majority of his life to bringing Nazi crimi- Sabbath candles from that particular Friday our duty to combat anti-Semitism and all reli- nals to justice, he did so not out of the need evening and said, ‘‘My dear friends, do you gious bigotry whenever and wherever it arises. for revenge, but the need for atonement. Mr. know what I see in the glow of the candles? When asked why he chose to search for Wiesenthal’s goal was to bring these geno- I see the souls of our six million brothers and Nazi war criminals instead of continuing a ca- cidal crimes out of the shadows. He felt a duty sisters. And one day when our lives are over, reer in architecture, Simon Wiesenthal re- to those who had died to ensure that the they will come to all of us and they will ask us, sponded: ‘‘You’re a religious man. You believe memory of what had transpired would not be what have you done? You, my dear friend, will in God and life after death. I also believe. forgotten. He also felt a duty to teach future tell them that you went into construction to When we come to the other world and meet generations the lessons of the past so that build homes. And you will say you went into the millions of Jews who died in the camps they would not be repeated. Simon Wiesenthal the jewelry business. And you became a man- and they ask us, ‘What have you done?’ there Centers span the globe, and are valuable ufacturer of clothes. But I will have the privi- will be many answers. You will say, ‘I became venues to teach America’s youth about toler- lege of saying to them, ‘I have never forgotten a jeweler.’ Another will say, ‘I smuggled coffee ance and understanding, as well as this impor- you.’ ’’ and American cigarettes.’ Still another will say, tant lesson: evil men can perpetuate ghastly Mr. Speaker, we will never forget Simon ‘I built houses,’ but I will say, ‘I didn’t forget crimes when the world chooses to permit it. Wiesenthal and his many years in pursuit of you.’ ’’ Mr. Speaker, only one who had witnessed justice for victims of the Holocaust. I thank the And today, we must unite to say that we will such atrocities could shoulder the burden and gentleman from California for introducing this not forget Simon Wiesenthal and we, as carry the respect necessary to continue this resolution, and I urge my colleagues to sup- strong and responsible human beings, will quest for justice over so many decades. While port it. carry forth his mission. Mr. Wiesenthal’s friends and family sacrificed Mr. HOLT. Mr. Speaker, today we honor the Mr. SHAYS. Mr. Speaker, I strongly support their lives in the death camps of the Nazis, Mr. life of Simon Wiesenthal, a man who dedi- H. Con. Res. 248, which honors the life of

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00030 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22384 CONGRESSIONAL RECORD—HOUSE October 6, 2005 Simon Wiesenthal, and appreciate the gen- of persecution. It is crucial for Congress to Chair’s prior announcement, further tleman from California, Mr. WAXMAN, for bring- continue to support Holocaust organizations proceedings on this motion will be ing this resolution to the floor. like the Simon Wiesenthal Center so that his- postponed. Mr. Wiesenthal lived through one of the tory does not repeat itself. Simon Wiesenthal f darkest eras of world history. Yet out of the once said; ‘‘When we come to the other world GENERAL LEAVE suffering he and millions of other Jews experi- [after death] and meet the millions of Jews enced, he found purpose by dedicating the who died in the camps and they ask us, ‘What Mr. SMITH of New Jersey. Mr. last 60 years of his life to the pursuit of justice have you done?’. . . I will say, ‘I didn’t forget Speaker, I ask unanimous consent that for the victims of the Holocaust. you’.’’ It is important that we take another step all Members may have 5 legislative Simon Wiesenthal was determined to en- to remember the man who would never con- days within which to revise and extend sure that those who exacted horrific crimes on sider the atrocities of the Holocaust a part of their remarks and include extraneous their fellow man be held accountable. If a the past. material on H. Con. Res. 248. former Nazi war criminal was not caught and Ms. SCHWARTZ of Pennsylvania. Mr. The SPEAKER pro tempore (Mr. SIM- brought to justice, Mr. Wiesenthal’s dogged Speaker, I rise today in strong support of H. MONS). Is there objection to the request work ensured they would live their life in fear Con. Res. 248, a resolution to honor the life of the gentleman from New Jersey? of being caught. The bottom line is war crimi- and work of Simon Wiesenthal and reaffirm There was no objection. nals should not be allowed to live out their the commitment of Congress to fight against f lives with impunity and Mr. Wiesenthal worked anti-Semitism and intolerance in all forms, in SOCIAL SERVICES EMERGENCY to see this would not happen. all forums, and in all nations. RELIEF AND RECOVERY ACT OF Simon Wiesenthal’s legacy sends a mes- On September 20, 2005, the world lost a 2005 sage that continues to be heard around the true hero—a voice for those souls who could Mr. MCCRERY. Mr. Speaker, I move world—perpetrators of genocide cannot and not speak and a witness against those crimi- to suspend the rules and pass the bill will not be allowed to hide from their crimes. nals who sought to go unnoticed. (H.R. 3971) to provide assistance to in- His memory is forever preserved in the work After surviving the Holocaust himself, Simon dividuals and States affected by Hurri- of The Simon Wiesenthal Center, which was Wiesenthal devoted his life to seeking justice cane Katrina. founded in 1977 to promote awareness of for the six million Jews who were systemati- The Clerk read as follows: anti-Semitism, monitor neo-Nazi and other ex- cally murdered at the hands of the Nazis, in- tremist groups, and help bring surviving Nazi cluding 89 members of his family. H.R. 3971 war criminals to justice. The Center has done Through sheer perseverance and deter- Be it enacted by the Senate and House of Rep- tremendous work in his name, including open- resentatives of the United States of America in mination, he hunted those who committed the Congress assembled, ing the Museum of Tolerance in Los Angeles most heinous acts—helping capture and ulti- SECTION 1. SHORT TITLE. in 1993, which has received over two million mately convict more than 1,000 war criminals, This Act may be cited as the ‘‘Social Serv- visitors, and making major contributions to the including Adolf Eichman. He found the killers ices Emergency Relief and Recovery Act of June 2005 Organization for Security and Co- who ruined his youth, exterminated his people 2005’’. operation in Europe Conference on Anti- and displayed their evils before the eyes of SEC. 2. TABLE OF CONTENTS. Semitism and on Other Forms of Intolerance. the world. The table of contents of this Act is as fol- I join with all of colleagues in recognizing Simon Wiesenthal did not ask that the world lows: Simon Wiesenthal’s compassionate commit- never forget the Holocaust; he demanded it. Sec. 1. Short title. ment to justice and urge passage of this reso- And we, as leaders of the most powerful and Sec. 2. Table of contents. lution. just nation in the world, have an obligation to TITLE I—ASSISTANCE RELATING TO Mrs. MALONEY. Mr. Speaker, I rise today carry out Simon Wiesenthal’s legacy. UNEMPLOYMENT to join my colleagues and the world commu- We must continue to investigate and bring Sec. 101. Special transfer in fiscal year 2006. nity in honoring the life and work of Simon to justice perpetrators of the Holocaust, as Sec. 102. Flexibility in unemployment com- Wiesenthal. Especially during the High Holi- pensation administration to ad- well as those who have engaged in acts of dress Hurricane Katrina. days, it is important and appropriate to recog- genocide in Rwanda, the former Yugoslavia Sec. 103. Regulations. nize the extraordinary achievements of a man and the Sudan, to show the world that those TITLE II—HEALTH PROVISIONS who devoted the last 60 years of his life to the guilty cannot hide in the shadows. Sec. 201. Elimination of medicare coverage pursuit of justice for the victims of the Holo- We must work to end anti-Semitism and in- of drugs used for treatment of caust. Hitler’s Nazi regime was responsible for tolerance in the United States to prevent the sexual or erectile dysfunction. the murders of nearly six million Jewish men, spread of hatred that has led to so much Sec. 202. Elimination of medicaid coverage women, and children and more than 11 million undue evil. of drugs used for treatment of people overall. And we must educate our children about the sexual or erectile dysfunction. Today, the relentless efforts of Simon Holocaust to ensure that future generations Sec. 203. Extension of sunset for transitional medical assistance (TMA). Wiesenthal have led to the conviction of more understand the evils that can befall humanity Sec. 204. Extension of abstinence education than 1,000 of these Nazi war criminals. He and appreciate the righteous figures who can program. was instrumental in the captures of Adolf Eich- emerge from it, like Simon Wiesenthal. Sec. 205. Extension of Qualified Individual mann, the architect of the Nazi plan to annihi- Mr. SMITH of New Jersey. Mr. (QI) program. late the European Jewish population, and Karl Speaker, I yield back the balance of TITLE III—TANF Silberbauer, the Gestapo officer responsible my time. Sec. 301. Additional funding for certain for the arrest and deportation of Anne Frank. The SPEAKER pro tempore. The States affected by Hurricane Although Simon Wiesenthal has passed question is on the motion offered by Katrina providing emergency away, his memory will live on forever. One the gentleman from New Jersey (Mr. short term benefits to assist way to ensure this is through the work of the SMITH) that the House suspend the families evacuated within the Simon Wiesenthal Center. The organization rules and agree to the resolution, H. State. actively promotes awareness of anti-Semitism Con. Res. 248, as amended. TITLE I—ASSISTANCE RELATING TO while continuing to bring to justice surviving The question was taken. UNEMPLOYMENT Nazi war criminals. Although its headquarters The SPEAKER pro tempore. In the SEC. 101. SPECIAL TRANSFER IN FISCAL YEAR 2006. are located in Los Angeles, I am proud that opinion of the Chair, two-thirds of Section 903 of the Social Security Act (42 my district is home to the Simon Wiesenthal those present have voted in the affirm- U.S.C. 1103) is amended by adding at the end New York Tolerance Center. ative. the following: I urge the House today to reaffirm our com- Mr. LANTOS. Mr. Speaker, on that I ‘‘Special Transfer in Fiscal Year 2006 mitment to the fight against anti-Semitism and demand the yeas and nays. ‘‘(e) Not later than 10 days after the date of all forms of prejudice. Simon Wiesenthal’s leg- The yeas and nays were ordered. the enactment of this subsection, the Sec- acy teaches us that the perpetrators of geno- The SPEAKER pro tempore. Pursu- retary of the Treasury shall transfer from cide cannot be allowed to continue their path ant to clause 8 of rule XX and the the Federal unemployment account—

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FLEXIBILITY IN UNEMPLOYMENT COM- MINATION OF BASE EXPENDITURES.—Section Robert T. Stafford Disaster Relief and Emer- PENSATION ADMINISTRATION TO 1935(c)(3)(B)(ii)(II) of such Act (42 U.S.C. gency Assistance Act (42 U.S.C. 5121 et seq.) ADDRESS HURRICANE KATRINA. 1396v(c)(3)(B)(ii)(II)) is amended by inserting as a result of Hurricane Katrina; Notwithstanding any provision of section ‘‘, including drugs described in subparagraph (2) a family that resided in such an area of 302(a) or 303(a)(8) of the Social Security Act, (K) of section 1927(d)(2)’’ after ‘‘1860D–2(e)’’. the State before the onset of the hurricane any State may, on or after August 28, 2005, (d) EFFECTIVE DATE.—The amendments evacuated from their place of residence (not use any amounts received by such State pur- made by this section shall apply to drugs dis- necessarily directly) to another part of the suant to title III of the Social Security Act pensed on or after January 1, 2006. State as a result of the hurricane; to assist in the administration of claims for SEC. 203. EXTENSION OF SUNSET FOR TRANSI- (3) while the family was in such other part compensation on behalf of any other State if TIONAL MEDICAL ASSISTANCE of the State as a result of the hurricane, a a major disaster was declared with respect to (TMA). cash benefit under the State program funded such other State or any area within such (a) IN GENERAL.—Section 1925(f) of the So- under part A of title IV of the Social Secu- other State under the Robert T. Stafford cial Security Act (42 U.S.C. 1396r–6(f)) is rity Act was provided to the family on a Disaster Relief and Emergency Assistance amended by striking ‘‘September 30, 2003’’ short-term, nonrecurring basis; and Act by reason of Hurricane Katrina. and inserting ‘‘December 31, 2005’’. (4) while the cash benefit was so provided, SEC. 103. REGULATIONS. (b) CONFORMING AMENDMENT.—Section the State determined that the family— The Secretary of Labor may prescribe any 1902(e)(1)(B) of such Act (42 U.S.C. (A) was not receiving a cash benefit from operating instructions or regulations nec- 1396a(e)(1)(B)) is amended by striking ‘‘Sep- any program funded under such part (other essary to carry out this title and any amend- tember 30, 2003’’ and inserting ‘‘the last date than the cash benefit described in paragraph ment made by this title. (if any) on which section 1925 applies under (3)); and subsection (f) of that section’’. TITLE II—HEALTH PROVISIONS (B) had not received a cash benefit of any (c) EFFECTIVE DATE.—The amendments kind from any such program in the 3-month SEC. 201. ELIMINATION OF MEDICARE COVERAGE made by this section shall be effective as of period ending with the date the cash benefit OF DRUGS USED FOR TREATMENT September 30, 2005. OF SEXUAL OR ERECTILE DYSFUNC- was first so provided. TION. SEC. 204. EXTENSION OF ABSTINENCE EDU- (b) LIMITATION ON FUNDING.—Subject to CATION PROGRAM. (a) IN GENERAL.—Section 1860D–2(e)(2)(A) section 403(b)(3)(C)(i) of the Social Security of the Social Security Act (42 U.S.C. 1395w- Activities authorized by section 510 of the Act, the total amount paid under section 102(e)(2)(A)) is amended— Social Security Act shall continue through 403(b)(3)(A) of such Act to a State which is a (1) by striking the period at the end and in- December 31, 2005, in the manner authorized needy State for purposes of section 403(b) of serting ‘‘, as such sections were in effect on for fiscal year 2005, and out of any money in such Act by reason of subsection (a) of this the date of the enactment of this part.’’; and the Treasury of the United States not other- section shall not exceed the total amount of (2) by adding at the end the following: wise appropriated, there are hereby appro- cash benefits provided as described in sub- ‘‘Such term also does not include a drug priated such sums as may be necessary for section (a)(3) of this section, to the extent when used for the treatment of sexual or such purpose. Grants and payments may be that the conditions described in subsection erectile dysfunction, unless such drug were made pursuant to this authority through the (a)(4) of this section have been met with re- used to treat a condition, other than sexual first quarter of fiscal year 2006 at the level spect to the families involved. or erectile dysfunction, for which the drug provided for such activities through the first (c) NO STATE MATCH REQUIRED.—Sections has been approved by the Food and Drug Ad- quarter of fiscal year 2005. 403(b)(6) and 409(a)(10) of the Social Security ministration.’’. SEC. 205. EXTENSION OF QUALIFIED INDIVIDUAL Act shall not apply with respect to a pay- (b) CONSTRUCTION.—Nothing in this section (QI) PROGRAM. ment made to a State by reason of this sec- shall be construed as preventing a prescrip- (a) THROUGH END OF 2005.—Section tion. tion drug plan or an MA–PD plan from pro- 1902(a)(10)(E)(iv) of the Social Security Act The SPEAKER pro tempore. Pursu- viding coverage of drugs for the treatment of (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by ant to the rule, the gentleman from sexual or erectile dysfunction as supple- striking ‘‘September 2005’’ and inserting Louisiana (Mr. MCCRERY) and the gen- mental prescription drug coverage under sec- ‘‘September 2006’’. tleman from Washington (Mr. tion 1860D–2(a)(2)(A)(ii) of the Social Secu- (b) EXTENDING TOTAL AMOUNT AVAILABLE MCDERMOTT) each will control 20 min- rity Act (42 U.S.C. 1395w-102(a)(2)(A)(ii)). FOR ALLOCATION.— Section 1933(g) of such (c) EFFECTIVE DATES.—The amendment Act (42 U.S.C. 1396u–3(g)) is amended— utes. made by subsection (a)(1) shall take effect as (1) in paragraph (2)— The Chair recognizes the gentleman if included in the enactment of the Medicare (A) by striking ‘‘and’’ at the end of sub- from Louisiana (Mr. MCCRERY). Prescription Drug, Improvement, and Mod- paragraph (B); Mr. MCCRERY. Mr. Speaker, I yield ernization Act of 2003 (Public Law 108–173) (B) by striking the period at the end of myself such time as I may consume. and the amendment made by subsection subparagraph (C) and inserting a semicolon; I rise today in support of the Social (a)(2) shall apply to coverage for drugs dis- and Services Emergency Relief and Recov- pensed on or after January 1, 2007. (C) by adding at the end the following new ery Act of 2005. In part, this bill will subparagraphs: SEC. 202. ELIMINATION OF MEDICAID COVERAGE serve as an extension to several impor- OF DRUGS USED FOR TREATMENT ‘‘(D) for the period that begins on October OF SEXUAL OR ERECTILE DYSFUNC- 1, 2005, and ends on December 31, 2005, the tant health care programs that already TION. total allocation amount is $100,000,000; and exist to assist low-income families. (a) IN GENERAL.—Section 1927(d)(2) of the ‘‘(E) for the period that begins on January You will hear more about these pro- Social Security Act (42 U.S.C. 1396r–8(d)(2)) is 1, 2006, and ends on September 30, 2006, the grams from later speakers. I want to amended by adding at the end the following total allocation amount is $300,000,000.’’; and take this opportunity, though, to talk new subparagraph: (2) in paragraph (3), in the matter pre- to you about another part of the bill ‘‘(K) Agents when used for the treatment of ceding subparagraph (A), by inserting ‘‘or that will offer immediate assistance to sexual or erectile dysfunction, unless such (D)’’ after ‘‘subparagraph (B)’’. agents are used to treat a condition, other (c) EFFECTIVE DATE.—The amendments the workers that have lost their jobs than sexual or erectile dysfunction, for made by this section shall be effective as of due to Hurricane Katrina. which the agents have been approved by the September 30, 2005. Since Hurricane Katrina roared Food and Drug Administration.’’. TITLE III—TANF through my home State and Mis- (b) ELIMINATION OF FEDERAL PAYMENT sissippi and Alabama, more than 150,000 SEC. 301. ADDITIONAL FUNDING FOR CERTAIN UNDER MEDICAID PROGRAM.—Section 1903(i) STATES AFFECTED BY HURRICANE people just in Louisiana alone have of such Act (42 U.S.C. 1396b(i)) is amended— KATRINA PROVIDING EMERGENCY filed for unemployment assistance. The (1) by striking ‘‘or’’ at the end of paragraph SHORT TERM BENEFITS TO ASSIST infrastructure in New Orleans and sur- (19); FAMILIES EVACUATED WITHIN THE (2) by striking the period at the end of STATE. rounding areas has been severely com- paragraph (20) and inserting ‘‘; or’’; and (a) ELIGIBILITY FOR PAYMENTS FROM THE promised. It is not known when these (3) by inserting after paragraph (20) the fol- CONTINGENCY FUND.—Beginning with the workers will be able to return to work lowing new paragraph: date of the enactment of this Act and ending or if they will have jobs to return to.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22386 CONGRESSIONAL RECORD—HOUSE October 6, 2005 The circumstances are a little different erage for the sick, protection for vul- cept that we can control that. We can in Mississippi and Alabama, but assist- nerable children, and unemployment make it different. ance is greatly needed in those States benefits for the jobless. We owe the people of Mississippi, as well. This bill, in my view, is like throw- Louisiana, and Alabama a full measure The Social Services Emergency Re- ing a 100-pound sandbag on a ruptured of national compassion. lief and Recovery Act will help provide New Orleans levee. There is some re- Instead, in response to these enor- assistance by immediately disbursing lief, but it is totally inadequate. mous problems, the bill before us sim- $500 million from the Unemployment While suggesting otherwise, this leg- ply sends a lump sum of money that Trust Funds to help these States pay islation provides almost no real relief forces these hard-hit States to bear an- regular unemployment benefits. The to jobless disaster victims, and I must other burden. The mayor of New Orle- funds will be divided among States ac- say at this point I feel for the gen- ans yesterday laid off 3,000 people. Tell cording to their share of expected in- tleman from Louisiana (Mr. MCCRERY). me how that economy is going to come creased unemployment benefit pay- I think he would like to do better, but out of it. ments attributable to Hurricane the portions on his side are such that What we are sending covers less than Katrina. this is what we have. half the cost of regular unemployment Additionally, Louisiana and Mis- Those who survived the natural dis- claims caused by a disaster. There is no sissippi may soon trigger the extended aster in the gulf now face a man-made money at all for extending expiring benefits program which will give work- disaster in the House of Representa- benefits or to supplement the meager ers in those States an additional 13 tives. There are three major problems benefits currently available. Does any- weeks of unemployment assistance. we are ignoring. body on this floor really believe this is The money in this bill may be used by First, over 6,000 people have already the best we can do? I know the chair- the States to help pay their half of exhausted unemployment benefits in man does not believe that. these additional UI benefits. H.R. 3971 Alabama, Louisiana, and Mississippi. Ask the people in the shelters, with also includes the provision to give Another 20,000 jobless workers in these no place to call home. Ask Americans States flexibility in using their exist- States are projected to run out of bene- ing Federal unemployment administra- on any street corner in any American fits by Christmas. These workers need tive dollars for the purpose of helping city. They would be embarrassed all a federally funded extension of their displaced workers apply for their un- over again if this got on the television. benefits while they put their lives back employment benefits. Perhaps part of the reason this legis- Finally, we have included a provision together and search for unemployment. lation is limited in scope is the sudden to clarify earlier legislation that gave Secondly, Mississippi, Alabama, and demand by the Republican majority to States flexibility with their TANF dol- Louisiana have the three lowest levels cut spending regardless of the need or lars. This change will ensure that dis- of average weekly unemployment bene- consequences. aster States may be reimbursed from fits in the entire country. In all three Fiscal offsets did not concern Repub- the current TANF contingency fund or States, the average benefit is less than licans when they gave every million- emergency assistance they pay to $200 a week. That is $800 a month. That aire a $100,000 tax break or kept charg- intrastate evacuees from Hurricane is about half the poverty level for a ing $215 billion for the Iraq war to fu- Katrina, just like all States may be re- family of four. Such small amounts are ture generations. Nobody’s talking imbursed under the prior legislation difficult to defend during any period of about offsets there, but we have got to for emergency assistance provided to job loss, but these paltry sums we have have offsets here. We cannot spend too interstate evacuees. to remember are unconscionable when much on these unemployed people. Many of my colleagues will also ap- a family has lost not only their job but But now that it comes time to meet preciate that this bill is fully offset their home, their car, their belongings, the needs of unemployed Americans, and reduces, actually reduces, the def- the very fabric of their lives; and we Republicans require that an American icit by about $100 million over 5 years give them 40 percent poverty and stand get hurt for another American to get and $1 billion over 10 years. out here as though we are doing some- help. Mr. Speaker, the circumstances in thing. Mr. Speaker, President Bush prom- Louisiana and Mississippi and Alabama The third is that the disaster-af- ised that we would do whatever it necessitate immediate action on H.R. fected States are seeing an enormous takes. It takes more than what the 3971 by the House. We need to pass this surge in unemployment claims and President’s party has offered today. bill this afternoon so that these States bankruptcy claims. In Louisiana alone, People in Louisiana, Alabama, and and, more importantly, these workers new claims for unemployment benefits Mississippi are waiting for the Presi- can get relief. have surged 10 times above their nor- dent to make good on his promise. Peo- Mr. Speaker, I reserve the balance of mal levels, and State officials expect ple across the country are watching my time. Katrina-related unemployment bene- and hoping the President will say Mr. MCDERMOTT. Mr. Speaker, I fits to exceed $800 million. Now, the something other than, ‘‘Brownie, yield myself such time as I may con- money is supposed to come from a you’re doing a heck of a job.’’ sume. State economy that has been dev- It was not so then, and it is not so Mr. Speaker, our hearts go out to the astated by the loss or dislocation of now in this legislation. We can and people in the Southeast. The mag- 70,000 businesses, many of which, they should do better. nitude of the destruction and distress estimate less than half of those, are Mr. Speaker, I reserve the balance of and the dislocation of the gulf coast going to go back into business. my time. cries out for a national response that Under Louisiana law, once their un- Mr. MCCRERY. Mr. Speaker, I yield only the Federal Government can employment trust fund slips below a myself such time as I may consume. meet. certain level, benefits are automati- First, I want to thank the gentleman Instead, we continue to see missteps, cally cut for jobless workers and tax from Washington (Mr. MCDERMOTT) for mismanagement, misinformation, sort increases for employers are triggered working with me and others on not of reminiscent of the continuation of into effect. That means that people only this bill on unemployment com- the Brown Factor. Hurricane Katrina left hundreds of who get the unemployment benefits in pensation but on others that affect the thousands of people wet, homeless, and Louisiana can see their benefits being disaster-stricken States. He has been destitute. And the Federal response is slashed by as much as $37 a week. Re- very constructive with the suggestions leaving thousands more high and dry. member, they are getting $170 a week. and his comments, and I want to tell That is the generosity we have already him how much I appreciate his co- b 1700 given them, and it started in January. operation. We have not provided adequate hous- It could easily be cut another $37. That I do not disagree with him entirely ing for the homeless, health care cov- is like Rita hitting after Katrina ex- that this package does not meet the

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22387 full needs probably of the States with citizens on very low incomes, but I do In fact, wholeness is so important respect to unemployment compensa- strongly object to the way these bene- that according to a University of Chi- tion needs and other related needs; but fits are paid for in this bill. I regret cago study, 68 percent of men were it is a very, very positive first step. that offsets I suggested were not adopt- willing to forego treatments that were We can always come back later, Mr. ed instead of this flat ban on ED drugs. more effective in eradicating prostate Speaker, if we find that the needs of Getting Congress involved in medical cancer in order to maintain sexual the States are indeed much greater treatment decisions by limiting the function. Why would we force men to than anticipated by this legislation; availability of any category of pre- choose between the most effective med- but what this bill does today, and I scription drugs sets a terrible prece- ical treatment and wholeness? would beg the gentleman from Wash- dent. I could not agree more that we ington (Mr. MCDERMOTT) and my col- Congress has repeatedly recognized should ban ED drugs for sex offenders; leagues in the House not to let the per- that we should not be in the business of but a flat ban on ED drugs for all sen- fect be the enemy of the good, this is a developing or defining formularies. iors, low-income Americans, people good bill. Congress tasked the United States with disabilities who have ED-related This gives the States of Louisiana Pharmacopoeia with developing the diseases or conditions is just plain dis- and Mississippi, particularly, the cer- categories and classes of drugs to be criminatory and wrong. tainty that there are going to be Fed- covered by the new prescription drug So, Mr. Speaker, while I respect the eral dollars transferred to them to help plans, and we specifically tasked the concerns of those who support a total them with what they would otherwise P&T committees in every Medicare ban on ED drugs, I hate to see Congress have to pay out of their own State drug plan offered to our seniors and go down this path of political correct- funds. So, essentially, we are going to disabled citizens with the responsi- ness. We must offer our seniors, our be saving the States $500 million that bility of assuring that the formularies poor, and our people with disabilities they would have to pay out of their were medically correct and not politi- medically correct health care plans. own State funds. That is a big deal. cally correct. The real answer to controlling the That is a huge help to my State of Lou- Furthermore, Medicare and Medicaid cost of Medicare and Medicaid is not isiana to know that they are going to prescription drug plans have a number micromanaging the programs, but driv- have that money from the Federal Gov- of tools at their disposal to ensure that ing forward the adoption of technology ernment, and therefore, they do not ED drugs are not abused and could be that will enable us to manage chronic have to find it from their own coffers. covered only when prescribed for medi- illnesses proactively, reducing both the If the States that are involved want- cally appropriate care. cost and suffering of hospitalizations ed to use that infusion of Federal Further, since they are not sold over and emergency department visits for money to increase their benefits tem- the counter and must be prescribed by our seniors and those disabled amongst porarily, they could do that. That is a physician, control is not difficult. us. within their rights. They can pass a Medicare covers many benefits in some That much said, and with the hope law to change those benefits on a tem- situations and not others, and ED that we will allow doctors to determine porary basis if they wanted to, or a drugs would only be another such ben- treatment protocols, I acknowledge our permanent basis, and use this money efit. As for sex offenders, cross-check- public responsibility to extend access that is going to be sent to them from ing with publicly available lists of to Medicaid benefits for welfare-de- the Federal Government for that pur- these offenders is not difficult and pendent families and for premium sub- pose. could prohibit ED drugs from going to sidies for our very lowest-income sen- So, again, I appreciate the construc- sex offenders at taxpayers’ expense iors and people with disabilities and to tive comments from my colleague on while preserving access to these drugs provide unemployment compensation the Committee on Ways and Means and when medically necessary for all dis- funding these States so desperately want to encourage him to continue to abled and senior men who are not sex need. work with me and others from these af- offenders. Mr. MCDERMOTT. Mr. Speaker, I fected States to help folks who were Mr. Speaker, ED drugs are covered yield 31⁄2 minutes to the gentleman disadvantaged tremendously by the ef- for Federal employees and Members of from Michigan (Mr. LEVIN). fects of the storm. Congress. They are covered by the VA, Mr. LEVIN. Mr. Speaker, let me just, Mr. Speaker, I yield the balance of and they are very useful in treating if I might, illustrate the problem that my time to the gentleman from Geor- post-traumatic stress disorder. Why is faced by unemployed workers in gia (Mr. DEAL), a member of the Com- would we treat our seniors and people these three States, so that everybody mittee on Energy and Commerce, with disabilities worse than we treat understands that while this bill helps which has jurisdiction over part of this all Federal employees and veterans? If the States, it is unlikely to help any of legislation; and I ask unanimous con- my colleagues oppose full access, sure- the unemployed; and that is too bad. sent that he control the remainder of ly Medicare and Medicaid beneficiaries About 400,000 people became unem- my time. should at least have access to all medi- ployed after Katrina, 6,000 already have The SPEAKER pro tempore (Mr. SIM- cally necessary medications. exhausted their benefits in these three MONS). Is there objection to the request Medicare covers breast reconstruc- States since Katrina; and about 20,000 of the gentleman from Louisiana? tive surgery after a mastectomy or ac- more are likely to exhaust their bene- There was no objection. cidental injury. Medicare understands fits. Mr. DEAL of Georgia. Mr. Speaker, I ‘‘the importance of post-surgical psy- Next, the amounts that are paid in yield 5 minutes to the gentlewoman chological adjustment’’ as women reha- these three States would leave a family from Connecticut (Mrs. JOHNSON), a bilitate after a damaging cancer treat- of four way below the poverty level, member of the Committee on Ways and ment or devastating injury. way below the poverty level. So what Means. Are men not entitled to such whole- we Democrats suggested was to provide Mrs. JOHNSON of Connecticut. Mr. ness after prostate cancer treatment? moneys to the States so that they Speaker, I was an early and fervent ED drugs help men who have lost sex- could cover all of the additional costs. supporter of providing health benefits ual function as a result of medical con- This bill only will provide perhaps half. to families on welfare as they made the ditions like prostate cancer, diabetes, There should be an extension of unem- difficult transition to work, often to multiple sclerosis, Parkinson’s, or spi- ployment compensation benefits for entry-level jobs not providing basic nal cord injuries. Men need these medi- those people and also we should elevate care for their children. cations not to enhance their lifestyle the amount of money going to people. So I appreciate the need for this bill but to return them to normal, just like These are people without fault, who for welfare recipients and for premium women need reconstructive surgery to lose unemployment through no fault of subsidies for our elderly and disabled return as close as possible to normal. their own, a hurricane.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22388 CONGRESSIONAL RECORD—HOUSE October 6, 2005 b 1715 that we should be looking at a com- For low-income beneficiaries who It befuddles me why we have to settle prehensive approach to deal with peo- cannot afford the Medicare premium, on this floor for such an inadequate re- ple who have been victimized. Unfortu- Medicaid becomes the insurer of last sponse to Katrina. And it is not the nately, this bill does not really do it resort. Absent the QI program, more el- fault of the gentleman from Louisiana for those people who are unemployed, derly Americans and individuals with who spoke. I am sure of that because I have exhausted their benefits and are disabilities would need Federal and think he wanted more. But as I under- looking to the Federal Government for State assistance through Medicaid in stand it, talks broke down, and the help. addition to their Medicare coverage. hopes for a bipartisan bill that would Mr. DEAL of Georgia. Mr. Speaker, I Investing in premium assistance now indeed meet the needs of the unem- continue to reserve the balance of my saves both Federal and State dollars in ployed, those hopes were essentially time. the future. shelved. Mr. MCDERMOTT. Mr. Speaker, I And there is untapped potential in Why? Partly because of this terrible yield 2 minutes to the gentleman from the program. Uncertainty surrounding budget crunch that the majority really Cleveland, Ohio (Mr. KUCINICH). funding for this program has had a has brought into operation. I would Mr. KUCINICH. Mr. Speaker, the dampening effect on enrollment. States also guess because they have always Qualified Individual, or QI, program are hesitant to reach out to eligible in- opposed in recent times the extension pays the monthly Medicare part B pre- dividuals, resulting in artificially low of benefits, and they do not want to do mium for low-income beneficiaries. On enrollment figures. It is in the public anything to elevate the benefit struc- September 30, 2005, the authorization interest to address this problem in the ture even though it is way below the for QI–1 expired. If it is not reauthor- future, but extending QI–1 is a nec- normal. I say, in a word, we are adding ized within days, over 160,000 low-in- essary first step, and I am pleased the something tragic to tragedy, and we come seniors and those with disabil- bill takes that step. should not be doing that. ities will lose this crucial assistance on This legislation also extends the The gentleman from Louisiana said which they rely to cover their health transitional Medicaid program, or it is a first step. When would the sec- care costs. That means that some peo- TMA, and provides health insurance to ond step be? I think there is no plan for ple who make less than $1,092 a month families as they move from welfare to a second step. So, essentially, in real will lose almost 10 percent of their in- the workforce. It is a public health ini- terms, we are saying to the unem- come. tiative and a jobs initiative which I ployed, it is a half a loaf, and it is hard This is simply unnecessary, since strongly support. to feed a family on a half a loaf. QI’s extension has strong and broad It is my strong preference to make Mr. DEAL of Georgia. Mr. Speaker, I support. It is supported by 35 separate these two programs permanent rather reserve the balance of my time. health advocacy organizations. In addi- than having Congress repeatedly reau- Mr. MCDERMOTT. Mr. Speaker, I tion, the gentleman from Ohio (Mr. thorize them sometimes multiple times yield 2 minutes to the gentleman from LATOURETTE) and I have a bill to ex- in a year. I hope we can work with the Maryland (Mr. CARDIN). tend the benefit that has bipartisan co- gentleman from Georgia (Mr. DEAL) Mr. CARDIN. Mr. Speaker, I thank sponsorship. In fact, a similar exten- and others on a bipartisan basis to se- the gentleman for yielding me this sion passed the House last year by a cure a permanent authorization. In the time, and I rise to express concern voice vote. meantime, I am pleased the House is about the legislation we are consid- This bill before us today will make taking up this legislation, and I urge ering. sure our seniors do not lose their in- my colleagues to support it. I heard the gentleman from Lou- come by extending the benefit for 1 Mr. Speaker, I yield 2 minutes to the isiana (Mr. MCCRERY) talk about the year. In doing so, it builds on a con- gentleman from Washington (Mr. INS- fact that we would like to do better. sistent history of temporary extensions LEE), a member of the Committee on But let me just point out that we have in recent years. If this bill becomes Commerce and very knowledgeable $25 billion in a Federal unemployment law, I urge Congress to turn its atten- about health care issues. trust account today. Those funds tion to a more permanent solution. Mr. INSLEE. Mr. Speaker, I want to should be used for emergency cir- Every year the benefit has strong sup- address the offset of this legislation. I cumstances. If there was ever an emer- port, and more often than not we find obviously applaud the extension of gency, what happened to the workers ourselves rushing at the last minute to transitional medical assistance, which of those three States as a result of keep it alive. My hope is that before it provides health insurance for people Katrina is clearly an emergency. This expires again next year, Congress will leaving welfare and going back to is the time that we should be releasing pass a permanent reauthorization. work. This is obviously a great thing unemployment moneys so that we can Mr. MCDERMOTT. Mr. Speaker, I to do. I believe, however, it is dan- extend benefits beyond the statutory yield the balance of my time to the gerous to allow 435 Members of Con- period that is currently in law. gentleman from Ohio (Mr. BROWN), and gress, most of whom lack medical Through no fault of their own, the I ask unanimous consent that he be al- training, to pick and choose among victims of Katrina are unable to find lowed to distribute the time. which illnesses and which treatments employment, and we should be able to The SPEAKER pro tempore (Mr. SIM- should be deemed acceptable under provide extended benefits. And the MONS). Is there objection to the request those provisions. funds are there in the Federal unem- of the gentleman from Washington? There are thousands of physicians ployment trust account. So quite There was no objection. across this country that have recog- frankly, I do not understand what the Mr. BROWN of Ohio. Mr. Speaker, I nized, for instance, the need for ED delay is. The people are hurting. We yield myself 2 minutes, and I thank the medicine, not as a recreational activ- should be doing everything we can to gentleman from Washington for yield- ity but as part of living a normal adult help, and I would expect that we would ing the balance of his time. life. We also set up a potentially dan- have had a stronger bill come out that I rise in support of this legislation, gerous precedent by allowing Members would protect the workers who cannot which reauthorizes the QI program. to pick and choose individual treat- find employment. This program helps low-income Medi- ments that they feel do not serve suffi- So, Mr. Speaker, I am disappointed care beneficiaries cover the cost of the cient medicinal purposes. that we have a bill before us that obvi- Medicare premium. Without this, many Today, it is a medicine for ED, but ously is an important bill to move for- elderly Americans would sink below should we choose to go down this road, ward because it provides relief by ex- poverty as they attempt to pay for doc- next year we could be having the same tension of several programs that are tor visits out of pocket. That not only debate about mental health treatments important to the people that are af- places individuals at risk, it is ineffi- or biologics deemed too expensive. This fected by this, but I really do believe cient from a fiscal perspective. is not the place for these decisions.

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This is a conversation for doctors to be tleman from Iowa (Mr. KING) had an that addressed these other areas, but having with their patients. amendment to that bill that would had no provisions for unemployment I find it worrisome we are on the have eliminated the payment for ED compensation at all in their legisla- verge of using the doctor’s office as a drugs. That amendment received over- tion. We are hopeful they will accept setting for interjecting our preferred whelming support, some 285 to 121 who our version of it. social policies where they do not be- voted for it. There were many others, In conclusion, I remind Members who long. Doctors today prescribe ED medi- like me, who supported the concept forget, we have appropriated over $60 cine because it treats a serious medical but, because we did not think we billion in emergency assistance for disease that can lead to divorce and de- should cede jurisdiction on legislating hurricane victims, the largest single pression. ED is a common side effect of on the issue to the Committee on Ap- appropriation for emergency disaster prostate cancer surgery and diabetes, propriations, voted against the amend- relief that this Congress has ever voted and it affects millions of men nation- ment. In principle, we supported the for. Some of the speakers seem to for- wide which, in turn, can affect their concept. This is the forum in which we get we have done that. What we are families. There is not just an issue of have legislatively addressed it by an doing here for unemployment com- men; it is a family issue. authorizing committee to address this pensation is only a small part of a This is an attempt to interject a po- question. very, very large package; but it is an litical viewpoint into a personal deci- Now, that does not mean that indi- essential part of it. We hope that this sion that should be made by a doctor viduals who are under Medicare part D body, the House as a whole, would do as and a patient, and I hope we respect cannot obtain these drugs if they we have seen the Senate do: they ap- that personal decision more in the fu- choose to do so. The plans are free to proved their version by unanimous con- ture. offer them. They simply cannot use sent. I would urge my colleagues to Mr. BROWN of Ohio. Mr. Speaker, I Federal taxpayer subsidies to pay for overwhelmingly support this bill. yield back the balance of my time. them. Mr. DINGELL. Mr. Speaker, I rise in support Mr. DEAL of Georgia. Mr. Speaker, I All right, that is where the savings of this legislation to reauthorize the Qualified yield myself such time as I may con- come from, is the elimination of ED Individual program, or QI. This program helps sume. drugs from Medicare and Medicaid, low-income Medicare beneficiaries who are al- Let me go back and sort of summa- some $690 million over 5 years. Now, most, but not quite, eligible for Medicaid as- rize what this bill does and does not do. what are we spending the savings on? sistance, and are still struggling with living and It has been a little confusing, because Part of it is spent, as we have heard healthcare costs. It pays the cost of the Medi- it is a bill that does basically two from some speakers, to extend the care Part B premium for seniors with incomes things: One is it cuts Federal spending, Medicare Qualified Individual 1, the of approximately $11,484 to $12,920 a year. and then it uses part of the savings QI–1 program, for another year. That This is a good program that helps thousands from that cut in four different areas applies to 150,000 low-income Medicare of low-income seniors each year. and then applies the balance left over beneficiaries, to give them assistance The initial program was a block grant en- from those four areas to reduce the in paying their Medicare part B pre- acted in 1997 and set to expire in 2002. Con- Federal deficit by about $150 million miums. gress has re-authorized this program a num- over the next 5 years. ber of times since then. The uncertainty sur- b 1730 First of all, where does the cut come rounding funding for this program, however, from? What it does, in order to achieve A second part goes to transitional has had a dampening effect on enrollment. the savings of some $690 million over 5 medical assistance, TMA. Most Mem- States are hesitant to reach out to eligible indi- years, is to eliminate from Medicare bers recall that was an essential ingre- viduals, resulting in artificially low enrollment and Medicaid payments for erectile dient in welfare reform. It provides in- figures. I hope my colleagues across the aisle dysfunction drugs. We have heard a dividuals who are transitioning from will join me in fixing this problem in the fu- couple of speakers who have addressed welfare to work additional coverage ture—but for now, I am pleased that we are their dislike of the elimination from and medical assistance to them during passing this stopgap measure. Federal taxpayer spending the pay- that transitional period. In addition, I support the extension of the ment for these drugs. A third category is it applies and transitional Medicaid program, or TMA. This Well, my people back in North Geor- uses money for abstinence education to program is critical for families moving from gia tell me, and without any hesitation fund those block grant programs for 3 welfare to the workforce and provides health whatsoever, that they do not think months. These are programs that insurance during this time. TMA provides their tax dollars ought to be paying for States have launched to try to sustain peace of mind for millions of working Ameri- erectile dysfunction drugs for either in- the abstinence approach and it has cans so that they can maintain health insur- dividuals under Medicare or Medicaid, been a successful program and would ance coverage as they begin working again. and they believe that these are not fund it for and additional 3 months. I would note that it is my strong preference drugs that should be available to con- The fourth category, the one we to make these two programs permanent, rath- victed sex offenders. heard a lot of talk about at the begin- er than having Congress continually reauthor- Now, some would say, oh, you mean ning of this debate, was that it does ize them, sometimes multiple times in a year. it is possible a convicted sex offender provide $500 million to the three States I thank Senators GRASSLEY and BAUCUS for could get an erectile dysfunction drug most severely affected by Hurricane their work in the Senate, and Chairman BAR- that is paid for by taxpayers? Very Katrina, that is, Louisiana, Alabama TON for his work with me, and am pleased that definitely that is the case. There is no and Mississippi, for assistance in pay- the House is taking up this legislation to ex- way for a pharmacist who is presented ing unemployment compensation. It tend funding for these programs for the imme- with a Medicare or Medicaid card to provides $400 million to Louisiana, $85 diate future. have access to the NCIC records to de- million to Mississippi, and $15 million Mr. DEAL of Georgia. Mr. Speaker, I termine if that individual is a to Alabama. I think that is an appro- yield back the balance of my time. pedophile or some other kind of sex of- priate way to spend part of the re- The SPEAKER pro tempore (Mr. fender. That would be the height of em- sources, and we then apply the remain- SIMPSON). The question is on the mo- barrassment to this Congress, to dis- ing $150 million to reducing the Federal tion offered by the gentleman from cover we are allowing for those kinds deficit. Louisiana (Mr. MCCRERY) that the of situations to exist. Now, I would remind my colleagues House suspend the rules and pass the Now, it is not just a personal opinion that if they did not like the provisions bill, H.R. 3971. of mine. This House has already ex- or did not think the provisions for the The question was taken; and (two- pressed its opinion on this issue earlier unemployment compensation were ade- thirds having voted in favor thereof) this year. In the consideration of the quate, our counterpart across the way the rules were suspended and the bill Labor-HHS appropriation bill, the gen- passed by unanimous consent a bill was passed.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22390 CONGRESSIONAL RECORD—HOUSE October 6, 2005 A motion to reconsider was laid on onstration project to develop a system to in this country. The demonstration ini- the table. pay for chemotherapy services under Medi- tiated last fall by CMS reflects our care based on the quality of care delivered f commitment to quality and the use of and the resources used to deliver that care, clinical data to pave the way for en- EXPRESSING SENSE OF HOUSE OF including physician performance; (3) the demonstration project should be hanced quality care, including good REPRESENTATIVES THAT CEN- clinical outcomes and reduced cost to TERS FOR MEDICARE & MED- modified to accumulate even more useful data relating to the quality of care furnished Medicare and Medicaid beneficiaries. ICAID SERVICES BE COMMENDED These are principles which I stand be- FOR IMPLEMENTING MEDICARE to Medicare patients with cancer, such as the clinical context in which chemotherapy hind, and I commend CMS for their DEMONSTRATION PROJECT is administered, and patient outcomes; and work to ensure that cancer patients re- Mr. DEAL of Georgia. Mr. Speaker, I (4) payments to physicians for participa- ceive the best possible care. This reso- move to suspend the rules and agree to tion in the demonstration project should fa- lution was approved by voice vote by the resolution (H. Res. 261) expressing cilitate continued access of Medicare pa- the Committee on Energy and Com- the sense of the House of Representa- tients with cancer to chemotherapy treat- merce, and I encourage my colleagues ments of the highest quality. tives that the Centers for Medicare & in the House to do the same this after- Medicaid Services should be com- The SPEAKER pro tempore. Pursu- noon. mended for implementing the Medicare ant to the rule, the gentleman from Mr. Speaker, I reserve the balance of demonstration project to assess the Georgia (Mr. DEAL) and the gentleman my time. quality of care of cancer patients un- from Ohio (Mr. BROWN) each will con- Mr. BROWN of Ohio. Mr. Speaker, I dergoing chemotherapy, and should ex- trol 20 minutes. yield myself 2 minutes. tend the project, at least through 2006, The Chair recognizes the gentleman Mr. Speaker, there may not be a subject to any appropriate modifica- from Georgia (Mr. DEAL). Member of this body who cannot share tions, as amended. GENERAL LEAVE a personal story about cancer. Cancer The Clerk read as follows: Mr. DEAL of Georgia. Mr. Speaker, I is a health risk for all of us. It has H. RES. 261 ask unanimous consent that all Mem- taken friends, family, and others from Whereas chemotherapy for cancer patients bers may have 5 legislative days within each of us. is primarily furnished in physician offices which to revise and extend their re- With the help of a very real Federal and is therefore subject to the revised meth- marks and include extraneous material commitment to research, through cov- od for determining payment amounts; erage and access, through development Whereas in 2005 the Medicare program in- on the resolution under consideration. The SPEAKER pro tempore. Is there of new standards and innovative treat- stituted a demonstration project to assess ment, American medicine is fighting the quality of care for patients undergoing objection to the request of the gen- chemotherapy by collecting data on the im- tleman from Georgia? cancer on every front. I am a proud supporter of the Na- pact of chemotherapy on cancer patients’ There was no objection. tional Cancer Institute’s 2015 goal to quality of life; Mr. DEAL of Georgia. Mr. Speaker, I eliminate suffering and death due to Whereas the demonstration project is a yield myself such time as I may con- strong effort to improve the quality of can- cancer within the decade. While we sume. cer treatment by assessing pain, nausea and work to eliminate the cancer threat, Mr. Speaker, I rise in support of H. vomiting, and fatigue; the Federal Government is also work- Whereas the demonstration project reflects Res. 261, a resolution sponsored by the ing to make sure that treatment for a foundation to evaluate important patient gentleman from Texas (Mr. HALL). This cancer, specifically chemotherapy, is services moving forward; resolution commends the Centers for Whereas payment amounts under the dem- administered in the best possible man- Medicare and Medicaid Services for im- ner for patients. onstration project have mitigated the sig- plementing the Medicare oncology nificant reductions in Medicare support for Earlier this year, Medicare imple- chemotherapy services that would otherwise demonstration project, and requests mented a demonstration project to col- have gone into effect; that it extend this successful program. lect data and study the quality of care Whereas reports by the Department of I am pleased to report that due to this being provided to patients undergoing Health and Human Services and the Medi- important demonstration project, the chemotherapy. This project is a vital care Payment Advisory Commission regard- Centers for Medicare and Medicaid ing any adverse effects from the changes in tool for policymakers to use as we Services has received valuable data work to determine the most appro- the reimbursement method for chemo- that will serve to better treat patients therapy services are not due until late 2005 priate reimbursement strategies for and January 1, 2006; suffering from cancer. this complicated treatment regimen. It Whereas the demonstration project Cancer is one of the leading causes of is important that the administration achieves the concurrent objectives of col- death to Americans, and almost every extend this demonstration through 2006 lecting data to improve the quality of cancer American has had their life touched in so we can ensure that Medicare bene- care and maintaining financial support for some way by this horrible disease. Sim- ficiaries and every American has ac- cancer chemotherapy pending the comple- ply put, cancer kills. Cancer does not cess to high-quality treatment. tion and review of studies on the recent re- discriminate. It takes many forms and imbursement changes; Mr. Speaker, I thank the gentleman Whereas it may be possible to modify the effects young and old alike. from Texas (Mr. HALL), the gentleman demonstration project to collect additional I commend the CMS for their leader- from Texas (Mr. GENE GREEN), the gen- or different data elements that would make ship in addressing this effective treat- tleman from New York (Mr. TOWNS) it even more useful in enhancing the quality ment for cancer patients. Specifically, and others for their work on this reso- of cancer care; and I commend CMS for approaching can- lution. Extending this demonstration Whereas it is essential that the access of cer care from a totally different per- Medicare cancer patients to chemotherapy will maintain an important tool in our spective. Providing quality cancer care country’s fight against cancer. treatment be maintained and in the strong is not just about administering drugs interest of patients that the quality of their Mr. Speaker, I reserve the balance of care be assessed and improved: Now, there- to patients, albeit performing this task my time. fore, be it safely and efficiently is important. Mr. DEAL of Georgia. Mr. Speaker, I Resolved, That it is the sense of the House Providing cancer care includes man- yield 5 minutes to the gentleman from of Representatives that— aging pain, minimizing nausea, and Texas (Mr. HALL), the author of the (1) the Centers for Medicare & Medicaid limiting fatigue. It means arming cli- legislation. Services should extend through 2006 the nicians with information and evidence- Mr. HALL. Mr. Speaker, I rise today Medicare demonstration project to assess the based practice guidelines to obtain the in support of H. Res. 261. This bipar- quality of care for patients undergoing chemotherapy, and then thoroughly review best possible clinical outcomes. tisan resolution commends the Center the merits of the demonstration project; That is what the chemotherapy dem- for Medicare and Medicaid Services for (2) the Centers for Medicare & Medicaid onstration has begun to provide to- implementing the Medicare demonstra- Services should use the results of this dem- wards the advancement of cancer care tion project to assess the quality of

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I am American seniors enjoy and Americans mented a one-year demonstration project that pleased that Members from both sides across the country enjoy. provided resources to assess the patient ex- of the aisle join me as cosponsors of We enjoy greater access to cancer perience with chemotherapy side effects. this very important resolution. treatment than the people of any other These include pain, nausea and vomiting, and Delivering cancer treatment involves country. In making this much-needed, fatigue. This demonstration project has more than simply providing chemo- but complex, change in how we pay for achieved three important objectives: (1) col- therapy drugs. Oncologists need to plan that cancer care, this administration lecting data to improve the quality of cancer drug regimens, educate caregivers, and showed great medical understanding, care, (2) maintaining stability in the cancer monitor patient symptoms; and they great patient sensitivity, and great care delivery system, and (3) focusing limited are responsible for managing pain, dedication to ensuring that access to resources in an aspect of cancer treatment minimizing nausea, and limiting fa- cancer care would in no way be com- most difficult for patients. tigue. promised while we reformed the way The demonstration project was critically im- The demonstration project was criti- we paid for that care. portant to protecting quality cancer care in cally important to improving quality Mr. Speaker, I thank the gentleman 2005. I encourage Members to support this cancer care in 2005. It provided re- from Georgia (Mr. DEAL) for a solid res- resolution. sources to assess a patient experi- olution and congratulate Members on a Mr. GENE GREEN of Texas. Mr. Speaker, encing chemotherapy side effects, in- very difficult job. Very well done. I I rise in support of the resolution offered by cluding pain, nausea and fatigue. thank publicly Dr. McClellan and all my friend and fellow Texan, Mr. HALL. The project has achieved three im- his staff for their energy and dedica- I am proud to be a co-sponsor of this reso- portant objectives: collecting data to tion to this and for the staff of both lution, which would encourage CMS to extend improve the quality of cancer care, committees who worked very hard to a Medicare demonstration project that has maintaining stability in the cancer ensure that in different aspects of our maintained cancer patients’ access to chemo- care delivery system, and focusing lim- jurisdiction we brought all of the therapy. ited resources in the aspect of cancer knowledge we had developed in the Approximately 9.6 million men, women, and treatment most difficult for patients. course of developing these payment children in the United States are currently liv- Oncologists in America are the life- changes to the table to work with the ing with a diagnosis of cancer. line to so many individuals facing the administration. I thank the committee Despite the tremendous strides made in greatest challenge of their lives. Hear- staff, as well as my own staff. cancer research and cancer care, the disease ing the diagnosis of cancer is a fright- Ms. JACKSON-LEE of Texas. Mr. Speaker, unfortunately still ranks as the number two kill- ening and lonely experience, and the I rise today in support of H. Res. 261. This er in the United States, exceeded only by men and women who devote their ca- resolution expresses the sense of the House heart disease. reers to fighting this disease are the of Representatives that the Centers for Medi- According to the American Cancer Society, healers these patients look to for help. care & Medicaid Services should be com- more than 1.3 million new cancer cases will As a Nation, we need to do all we can mended for implementing the Medicare dem- be diagnosed this year alone. to support these oncologists. onstration project to assess the quality of care These individuals face a tough road ahead I would like to thank the American of cancer patients undergoing chemotherapy, and difficult decisions about the path they will Society of Clinical Oncology for work- and should extend the project, at least through take in fighting this disease. This year, the Medicare program imple- ing so closely with me and all of us on 2006, subject to any appropriate modifications. mented a demonstration project to look at this resolution. I would certainly like Further, it commends CMS for implementing chemotherapy patients and the quality of care to commend the gentleman from Geor- the Medicare demonstration project to assess gia (Mr. DEAL), the gentleman from they receive. the quality of care of cancer patients under- A good deal of cancer patients receive life- Texas (Mr. BARTON) and the staff of the going chemotherapy, and calls on CMS to ex- Committee on Energy and Commerce saving chemotherapy in physicians’ offices. tend the project, subject to any appropriate However, the Medicare bill Congress for working with my office to bring modifications, at least through 2006. passed in 2003 reduced payments to physi- this resolution to the floor today. In brief, this resolution is important because cians who administer chemotherapy in their of- Mr. DEAL of Georgia. Mr. Speaker, I it: fices. yield 3 minutes to the gentlewoman Encourages CMS to extend the oncology This demonstration project has temporarily from Connecticut (Mrs. JOHNSON). demonstration project, which helped preserve alleviated some of the financial strains Mrs. JOHNSON of Connecticut. Mr. patient access to cancer therapies in 2005 by oncologists were to receive under the Medi- Speaker, I congratulate the gentleman maintaining critical resources in the cancer care bill— from Georgia (Mr. DEAL) and his sub- care delivery system. And the result is continued patient access to committee for bringing forward this The demonstration, currently set to expire at chemotherapy administered in the familiar and resolution, and the gentleman from the end of 2005, asks about quality of care in- more-convenient office setting. Texas (Mr. HALL) for introducing it, be- formation such as pain, nausea/vomiting and Ultimately, the goal of the demonstration is cause it is extremely important to rec- fatigue. This was an important step in meas- to improve cancer treatment through a better ognize the very thoughtful work of this uring outcomes for quality cancer care. understanding of the patient experience under administration in making the most The demonstration helped focus limited re- chemotherapy. complex and difficult change in pay- sources on symptom management and treat- But we don’t want to cut off patients’ access ment systems that we have frankly ment, an aspect of cancer treatment most dif- to chemotherapy before we determine how ever legislated in any sector of Medi- ficult for patients. The Resolution encourages their cancer care could be improved. care payment policy. CMS to make refinements, as appropriate, to While chemotherapy has literally been a life- They had to change both the way the make the data collection even more meaning- saver for countless cancer patients, it is not an government paid for the drugs and the ful for patient care. easy process to endure. way they paid for the physicians, and As you know, the Medicare Prescription Patients often experience pain, nausea, changing each system required the de- Drug, Improvement, and Modernization Act of vomiting and fatigue while undergoing chemo- velopment of whole new information 2003 (MMA) significantly reformed the way therapy. systems; and then they had to coordi- Medicare pays for chemotherapy administered We know a great deal about chemotherapy nate these in such a way that they ac- in doctors’ offices. These reforms resulted in and its effect on patients, but our knowledge tually came to the oncologists in the considerable reductions in Medicare payments base is not complete. right amount at the right time. To en- to cancer care. Unfortunately, the cancer care demonstra- sure that, they developed the dem- The Centers for Medicare & Medicaid Serv- tion project is scheduled to end on December onstration project that both will im- ices (CMS) following efforts by many Members 31, 2005.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22392 CONGRESSIONAL RECORD—HOUSE October 6, 2005 This resolution would encourage the Cen- tached exchange of letters be submitted dur- The SPEAKER pro tempore. The ters for Medicare and Medicaid Services to ex- ing the floor debate on H. Res. 261. question is on the motion offered by tend the cancer care demonstration project at HOUSE OF REPRESENTATIVES, the gentleman from Georgia (Mr. least through next year. COMMITTEE ON ENERGY AND COMMERCE, DEAL) that the House suspend the rules By extending this project, CMS would con- Washington, DC, Oct. 17, 2005. and agree to the resolution, H. Res. 261, tinue to support chemotherapy services of- The Hon. BILL THOMAS, as amended. fered in physician offices. Chairman, Committee on Ways and Means, The question was taken; and (two- At the same time, CMS would continue to Washington, DC. thirds having voted in favor thereof) DEAR CHAIRMAN THOMAS: Thank you for build on the information already gleaned from your letter in regards to H. Res. 261, a resolu- the rules were suspended and the reso- the project to improve the quality of care for tion ‘‘[e]xpressing the sense of the House of lution, as amended, was agreed to. Americans suffering from cancer. Representatives that the Centers for Medi- The title of the resolution was Mr. Speaker, I thank Mr. HALL for his leader- care and Medicaid Services should be com- amended so as to read: ‘‘Resolution ex- ship on this issue and encourage my col- mended for implementing the Medicare dem- pressing the sense of the House of Rep- leagues to join me in supporting this important onstration project to assess the quality of resentatives that the Centers for Medi- resolution. care of cancer patients undergoing chemo- care & Medicaid Services should be Mr. FERGUSON. Mr. Speaker, I rise today therapy, and should extend the project, at commended for implementing the in support of H. Res. 261, expressing the least through 2006, subject to any appropriate modifications.’’ Medicare demonstration project to as- sense of the House of Representatives that As the Committee on Ways and Means was sess the quality of care of cancer pa- the Centers for Medicare & Medicaid Services named as an additional Committee of juris- tients undergoing chemotherapy, and should be commended for implementing the diction upon the resolution’s introduction, I should extend the project through 2006, Medicare demonstration project to assess the acknowledge and appreciate your willingness subject to any appropriate modifica- quality of care of cancer patients undergoing to not exercise your full referral on the reso- tions.’’. chemotherapy, and should extend the project, lution. In doing so, I agree that your deci- A motion to reconsider was laid on sion to forgo further action on the resolution at least through next year. the table. In 2005, CMS implemented a Quality of Life will not prejudice the Committee on Ways and Means with respect to its jurisdictional f demonstration project to assess quality care prerogatives on this legislation or similar for cancer patients receiving chemotherapy legislation. WAIVING POINTS OF ORDER services in an office-based practice. The dem- I look forward to working with you on this AGAINST CONFERENCE REPORT onstration project was designed to gather data resolution. ON H.R. 2360, DEPARTMENT OF on the effects of chemotherapy on Medicare Sincerely, HOMELAND SECURITY APPRO- patients. Practitioners participating in the JOE BARTON, PRIATIONS ACT, 2006 Chairman. project must provide data and document serv- Mr. SESSIONS. Mr. Speaker, by di- ices related to pain control management, mini- HOUSE OF REPRESENTATIVES, COMMITTEE ON WAYS AND MEANS, rection of the Committee on Rules, I mization of nausea and vomiting, and the re- Washington, DC, Oct. 11, 2005. call up House Resolution 474 and ask duction of fatigue. This program is now under- The Hon. JOE BARTON, for its immediate consideration. way and I strongly support its continuation. Chairman, Committee on Energy and Commerce, The Clerk read the resolution, as fol- I would note, however, as the program is Washington, DC. lows: currently designed, it only applies to patients DEAR CHAIRMAN BARTON: I am writing con- receiving IV infusion and push chemotherapy, cerning H. Res. 261, a resolution H. RES. 474 not to patients receiving oral chemotherapy. ‘‘[e]xpressing the sense of the House of Rep- Resolved, That upon adoption of this reso- As was originally intended when Congress resentatives that the Centers for Medicare lution it shall be in order to consider the and Medicaid Services should be commended conference report to accompany the bill created this demonstration program, it is crit- for implementing the Medicare demonstra- (H.R. 2360) making appropriations for the De- ical that all patients, regardless of the method tion project to assess the quality of care of partment of Homeland Security for the fiscal of chemotherapy treatment, are included in the cancer patients undergoing chemotherapy, year ending September 30, 2006, and for other assessment of these key quality of life factors and should extend the project, at least purposes. All points of order against the con- impacting their treatment for cancer. As it through 2006, subject to any appropriate ference report and against its consideration stands today, the data collected under the modifications,’’ which was ordered reported are waived. The conference report shall be QOL is incomplete—patients receiving oral by the Committee on Energy and Commerce considered as read. on Wednesday, July 20, 2005. The SPEAKER pro tempore. The gen- therapies are not assessed in the same way, As you know, the Committee on Ways and and their side effects cannot be compared to Means has jurisdiction over matters con- tleman from Texas (Mr. SESSIONS) is the side effects of infused chemotherapy. As I cerning Medicare. This resolution calls for recognized for 1 hour. stated, I strongly support the continuation of the extension of the Medicare demonstration Mr. SESSIONS. Mr. Speaker, for the this demonstration program but I believe CMS project to assess the quality of care for pa- purpose of debate only, I yield the cus- should act to ensure that data is collected tients undergoing chemotherapy, and thus tomary 30 minutes to the gentleman from patients receiving oral drugs as well as falls within the jurisdiction of the Com- from Massachusetts (Mr. MCGOVERN), injectable drugs. mittee on Ways and Means. However, in pending which I yield myself such time Oral chemotherapy treatment can improve order to expedite this legislation for floor as I may consume. During consider- consideration, the Committee will forgo ac- the quality of life for cancer patients by allow- tion on this resolution. This is being done ation of this resolution, all time yielding patients to have chemotherapy at home or with the understanding that it does not in ed is for the purpose of debate only. work without daily visits to the doctor’s office any way prejudice the Committee with re- Mr. Speaker, the rule before us today or to a cancer infusion center. These treat- spect to the appointment of conferees or its is the standard rule for the consider- ments can also be cost effective as they re- jurisdictional prerogatives on this or similar ation of a conference report. It waives quire fewer physician visits and fewer invasive legislation. all points of order against the con- procedures. While these treatments are rel- I would appreciate your response to this ference report and against its consider- atively new, more are being developed each letter, confirming this understanding with ation and provides that the conference respect to H. Res. 261, and would ask that a year and they can provide unprecedented copy of our exchange of letters on this mat- report shall be considered as read. freedom for Americans battling cancer. If we ter be included in the Congressional Record Mr. Speaker, I rise in support of this are going to collect data and learn how to im- during floor consideration. rule and the underlying legislation. prove the quality of life for those fighting can- Best regards, This rule, brought to the floor today by cer it is my belief that we should focus on col- BILL THOMAS, the gentleman from Kentucky (Mr. lecting data on all treatment options—including Chairman. ROGERS), the chairman of the Appro- the very promising use of oral drugs. Mr. BROWN of Ohio. Mr. Speaker, I priations Subcommittee on Homeland Mr. BARTON of Texas. Mr. Speaker, the yield back the balance of my time. Security, funds our most important Chairman of the Ways and Means Committee, Mr. DEAL of Georgia. Mr. Speaker, I Federal programs aimed at securing Chairman THOMAS, requested that the at- yield back the balance of my time. this Nation against terrorist attacks.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22393 It provides $30.8 billion for the oper- strophic planning; $22 million for the Mr. Speaker, I thank the gentleman ations and activities of the Department National Incident Management Sys- from Texas (Mr. SESSIONS) for yielding of Homeland Security in fiscal year tem; $200 million for the Flood Map me the customary 30 minutes. 2006, an increase of $1.4 billion above Modernization Program; a requirement Mr. Speaker, this Homeland Security fiscal year 2005 and $1.3 billion above that DHS develop guidelines for mass conference report will be the third and the President’s request. The conference evacuation plans; and a requirement one of the most important appropria- report agreement reflects the DHS or- that DHS reports on the status of cata- tions conference reports considered by ganizational structure recommended strophic planning in each of our 50 Congress this session. In the wake of a by the Secretary on July 13, 2005, and States. wholly inadequate Federal response to does not create any new aviation secu- This conference report also provides Hurricane Katrina, it is this Congress’s rity fees. $3.3 billion for first responders, in the responsibility to provide the Depart- This legislation secures our home- form of performance grants to high- ment of Homeland Security with ap- land first and foremost by protecting threat areas, firefighters and emer- propriate funding and resources. That our borders and revitalizing immigra- gency management. Since September funding must also come with proper dition enforcement. It provides nearly 11, 2001, $32.1 billion has been provided rection and full oversight. two-thirds of the overall budget for the to first responders, including funds for Unfortunately, this conference report Department, $19.1 billion for border terrorism prevention and preparedness, falls far short of that standard. Hurri- protection, immigration enforcement general law enforcement, firefighter cane Katrina revealed several institu- and related activities. assistance, airport security, seaport se- tional problems with the Department of Homeland Security, in particular b 1745 curity and public health preparation. This conference report includes fund- with the structure of the Federal This represents an increase of $1.2 ing of over $1 billion for high-density Emergency Management Agency. Over billion over funding in 2005 and $490 urban areas, including $765 million for the past decade, FEMA has been million over the President’s request. urban area grants, $150 million for rail stripped of its duties; folded into a dis- These funds are used to support cut- security, $175 million for port security organized department; and, most dis- ting-edge technologies for high-risk and $65 million for other infrastructure turbingly, staffed by inexperienced cargo screening, to expand cargo in- protection, $655 million for firefighter people. spection at foreign ports, and to sup- grants, $400 million for State and local With this bill, Congress had a golden port a robust revitalization of immi- enforcement terrorism prevention opportunity to address the institu- gration enforcement along our borders grants and $185 million for Emergency tional disarray that has tarnished and around our Nation. Management Performance Grants. FEMA. Instead of doing the right Among other security enhancing Finally, this conference report pro- thing, this conference report provides measures, this funding includes $1.8 bil- vides $1.5 billion for the research and absolutely no guidance on how to spend lion for border security and control, development of leading-edge tech- billions of taxpayer dollars or how to funding an additional 1,000 Border Pa- nologies and $625 million to protect our properly restructure the agency. Fur- trol agents. When combined with this critical infrastructure and key assets. thermore, Secretary Chertoff has in- year’s supplemental appropriations, These funds will be used to test and sisted on restructuring the Department 1,500 new agents will be hired in 2006. It transition these technologies for use by again, for the sixth time, without any provides for $3.4 billion for Immigra- Federal, State and local officials. It congressional oversight and hearings. tion and Customs Enforcement, fund- will also support ongoing efforts to de- He has proposed to place FEMA in the ing an additional 250 criminal inves- velop secure communication systems Preparedness Directorate, further tigators and 100 Immigration Enforce- with Federal, State and local entities splintering the agency’s ability to re- ment agents. When combined with this and continue efforts with the private spond quickly to disasters. year’s supplemental, 568 new ICE sector to implement protective meas- Disaster preparedness and response agents and officers will be hired for ures around this important infrastruc- are intrinsically linked. FEMA must be year 2006. ture. responsible for both. Separating these It provides $41 million for border se- To accomplish this, the bill includes duties will only hinder the Federal curity technology, including surveil- $538 million to develop radiological, Government’s responsiveness potential. lance and unmanned aerial vehicles; nuclear, chemical, biological and high This systematic dismantling of $562 million for Air and Marine Oper- explosives countermeasures; $110 mil- FEMA’s authority was the primary ations to maintain the integrity of our lion for the research and development cause of the botched Federal response borders and aerospace security, as well and testing of antimissile devices for to Hurricane Katrina. as drug interdiction; $94 million for the commercial aircraft; $318 million to Secretary Chertoff’s proposal to re- Institutional Removal Program, in- start up the new Domestic Nuclear De- structure FEMA will not solve the including an additional 100 agents; $40 tection Office to help coordinate global stitutional deficiencies of the agency. million for implementation of the nuclear detection and tracking; $14 While FEMA was not perfect before it READ ID Act; $5 million to train State million to identify and characterize po- merged into the Department of Home- and local officials and officers to en- tential biological terrorist attacks; and land Security, at least there existed a force immigration laws; $1 billion for $93.3 million for cyber-security tech- level of expertise and skill and FEMA’s immigration detention custody oper- nology. director had immediate and direct ac- ations; and $135 million for transpor- Mr. Speaker, I could spend a lot of cess to the President of the United tation and removal of illegal immi- time listing the many strengths of this States. grants. bill and the thoughtful and threat- Experience and professionalism have This conference report also recog- based way that it funds the programs been missing from FEMA under the nizes the active role that the Depart- that keep American families safe. In- Bush administration. Michael Brown, a ment of Homeland Security must play stead, I want to take time to strongly product of political cronyism, is the in disaster mitigation and relief ef- support this legislation with an open perfect example of what happens to forts. It prioritizes spending on Federal rule. government without thorough over- response capacities as well as increased I commend my colleagues on the sight. Instead of having somebody with planning and coordination with the Committee on Appropriations for their disaster experience, President Bush States. hard work. ended up with an Arabian horse spe- To accomplish this, it includes $1.77 Mr. Speaker, I reserve the balance of cialist. billion for the Disaster Relief Fund; $20 my time. A year ago, when the State of Florida million for Urban Search and Rescue Mr. MCGOVERN. Mr. Speaker, I yield was ravaged by multiple hurricanes, Teams; $20 million for FEMA cata- myself such time as I may consume. State and Federal officials complained

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22394 CONGRESSIONAL RECORD—HOUSE October 6, 2005 about the lack of preparedness and in- levels are justifiable. For instance, the forth is balanced and one that main- adequate response from FEMA. Coun- Coast Guard’s ‘‘Deepwater’’ program is tains the priorities of this country. So ties that were hit the hardest were fully funded at $933 million, due mostly we on this side are standing up in overlooked while other counties that in part to the Guard’s extraordinary strong support of this not only well- storms avoided received millions of rescue efforts after Katrina. balanced bill but really will allow dollars in funding. Florida lawmakers Mr. Speaker, I do not understand equal distribution as we see the needs this past March urged two House com- what the majority is thinking. Every of this country and the spending and to mittees with FEMA jurisdiction to single disaster, pre-disaster, prepared- control that which we do. hold hearings on what went wrong. ness and response program should be Mr. Speaker, I yield 3 minutes to the Even after Hurricanes Katrina and fully funded. Hurricanes Katrina and gentleman from California (Mr. Rita hit 6 months later, the Republican Rita should have taught us that. And DREIER), the chairman of the Com- leadership has continued to block the along with full funding, there needs to mittee on Rules. Florida delegation’s oversight request. be proper oversight. Neither the two b 1800 And now we are all paying the price for enacted relief packages totaling over Mr. DREIER. Mr. Speaker, I thank neglecting oversight of FEMA, most $60 billion nor this conference report notably the thousands who paid with my friend for yielding, and I appreciate provide any meaningful oversight. his hard work on this and his very their lives and their livelihoods. None. No check on the flow of the The House Republican leadership has strong commitment to our Nation’s money. No way to ensure the proper homeland security. In the last Con- consistently ignored proper oversight awarding of contracts through com- of this administration. It is clear that gress he served very ably as a member petitive bidding. No accountability. of the authorizing committee on home- they do not want to ask tough ques- Thankfully, the gentleman from Wis- tions or demand straight answers. This land security. consin (Mr. OBEY), ranking member of I also want to join in expressing my Congress has become a rubber stamp, the Committee on Appropriations, of- and the results have been disastrous. appreciation, Mr. Speaker, to the gen- fered an amendment in conference re- tleman from California (Mr. LEWIS) and Mr. Speaker, Brownie did not do a quiring the Department of Homeland ‘‘heckuva’’ job and neither has this the gentleman from Kentucky (Mr. Security to provide detailed informa- ROGERS) who worked very hard on this, Congress. Unfortunately, when given tion on how Katrina disaster relief the opportunity to do the right thing, and for the bipartisan spirit of consid- funding is being spent. The specific re- the Republican leadership has once eration of this measure. As the gen- quirements laid out in this provision again acted against the best interests tleman from Massachusetts correctly force the Department of Homeland Se- of the American people. Their response said, this is going to enjoy strong bi- curity to send Congress weekly reports to these disasters and to these defi- partisan support. that detail any and every kind of dis- ciencies at FEMA is to install a par- Why? Because we all know that there aster relief spending, and I applaud the tisan committee that will simply gloss must be a focus on our Nation’s home- gentleman from Wisconsin (Mr. OBEY) over the most important issues sur- land security. It is part of our national for offering this important amendment. rounding the failures of FEMA. Mr. security; and, frankly, Mr. Speaker, a It is an important step in the right di- Speaker, that is not oversight. That is very important part of our national se- a whitewash. rection, a step toward accountability. curity happens to be border security. A more effective FEMA can only be I am also grateful to the efforts of One of the things included in this created when independent, experienced the gentleman from Minnesota (Mr. measure, of which I am particularly disaster specialists analyze the prob- SABO), the ranking member of the proud, is a measure that in the last lems that Katrina exposed and then Homeland Security Subcommittee of Congress, I worked with our former identify solutions. Restructuring the Committee on Appropriations, who colleague, Mr. Ose of Sacramento on, FEMA without independent input and fought hard last week to instruct the and my colleagues from California, Mr. oversight is premature and will further conferees not to accept Secretary HUNTER, Mr. CUNNINGHAM and others plague its prevention and response ca- Chertoff’s reorganization program. have spent a great deal of time work- pabilities. Mr. Speaker, I suspect that this con- ing on this, that is, we provide $35 mil- And not only is the oversight miss- ference report will pass by a com- lion for completion of the 31⁄2-mile gap ing, Mr. Speaker, but so is the money. fortable margin, but it will not have in the border fence. While my Republican friends will high- my vote. We can do so much better Earlier this week, I had the oppor- light the $1.3 billion increase over fis- than this. We need to do so much bet- tunity to be right on the border near cal year 2005, let us be clear that this ter than this, and I hope in the coming that gap. It is an area known as Smug- increase is only barely above the cur- weeks and months, both the majority glers’ Gulch. It is an area where people rent rate of inflation. In reality, there and the Democratic side will work to- have illegally entered this country, and are several funding cuts in this con- gether to achieve a product that we all they have pummeled the environment. ference report that significantly and can be proud of and that will truly en- The notion of completing that 31⁄2-mile adversely affect the Department of sure the homeland security of the peo- gap is going to go a long way towards Homeland Security and FEMA pro- ple of our country. dealing with our border security con- grams. Mr. Speaker, I reserve the balance of cern, number one, and, number two, This conference report cuts State and my time. our environmental concerns in the local preparedness funding by $585 mil- Mr. SESSIONS. Mr. Speaker, I yield area. lion, a 19 percent cut from last year. myself such time as I may consume. I also have to say, having spent a Fire grants are funded at $60 million The gentleman from Massachusetts great deal of time with our border pa- below the fiscal year 2005 level. Dis- was very kind to enunciate and talk trol agents on the border just a few aster relief funding is cut by $370 mil- about the contributions that have been days ago, I am particularly proud of lion, and pre-disaster mitigation fund- made on both sides of the aisle, Repub- the hard work they put in their job. ing is cut in half. Let me repeat that: licans and Democrats working together They want to have the ability to do Cut in half. in an effort to make sure that Katrina their job. Right now they spend most How can we justify cutting disaster is taken care of. I also take him at face of their time and energy coming to this relief and mitigation funding by $420 value that he will not vote for this be- country simply seeking an opportunity million? Did Katrina not demonstrate cause there is not enough spending in to feed their families. We need to en- how severely unprepared and ill- the bill. There is not enough money sure that they have the ability to focus equipped FEMA really is? What kind of that is being spent, and he outlined on criminals and potential terrorists. rationale is this? that money that he wants to spend. That is exactly what we want to do. Thankfully, there are some programs The majority party does need to That is one of the other reasons that in this conference report where funding make sure that the bill that comes we, in this bill, have increased by 1,000,

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22395 adding to the 500 already provided in and develop a long-term strategy to en- Third, this legislation provides key the earlier supplemental appropria- sure optimal development of explosive funding for critical explosive detection tions bill, 1,000 additional border patrol detection systems. I have to say, it is a devices, which are used to screen high- agents. I hope that will help us turn sad state of affairs, Mr. Speaker, when risk cargo coming into the United the corner. I am convinced that it will. Congress has to tell the Department to States through our seaports and air- The overall commitment to home- do planning. ports. land security is one which has, I be- In the short history of the Depart- I am proud that one of the top manu- lieve, been very adequately addressed ment, it has earned a reputation for facturers in the world of these explo- in this important measure. I urge my lacking focus and being crisis-driven. sive detection devices is CyTerra, a colleagues to provide strong bipartisan It took the London bombing to remind company headquartered in my district support for this effort. the Department that it is the lead Fed- of Orlando, Florida. On August 15 of Mr. MCGOVERN. Mr. Speaker, let me eral agency for protecting rail and this year, Senator MEL MARTINEZ and I just respond to the gentleman from transit. It took Hurricane Katrina to toured CyTerra’s facilities and met Texas. One of my problems is the fact remind the Department that it is the with their employees. These hard- that this bill cuts some very important lead Federal agency for all disasters, working folks are proud of their role in programs that I think do not deserve not just terrorism. We do not have the making our country safer, and they to be cut. It cuts first responder grants, luxury of time to wait until the De- should be. Their bomb detection de- which I think is a mistake. It partment gets another wake-up call. In vices have already saved many lives in underfunds communications equipment July, the Secretary of Homeland Secu- Afghanistan and Iraq. for first responders. rity proposed a number of structural I urge my colleagues to vote ‘‘yes’’ Just like the 9/11 terrorist attacks, changes. Since that time, Katrina re- on the rule and ‘‘yes’’ on the under- Hurricane Katrina highlighted the vealed dysfunction at the highest lev- lying homeland security appropriations problem of first responders having in- els of the Department. bill. compatible communications equip- I cannot understand why the con- Mr. MCGOVERN. Mr. Speaker, I yield 1 ment. When Hurricane Katrina hit, ference report adopts many of the Sec- 2 ⁄2 minutes to the gentleman from New emergency personnel were on at least retary’s proposed changes wholesale as Jersey (Mr. PASCRELL), a leader on a five different channels and were ham- if Katrina never happened. The estab- number of homeland security issues. Mr. PASCRELL. Mr. Speaker, we all pered in communicating with one an- lishment of a preparedness directorate know that the current system for dis- other. Yet this conference report con- would not make us any more prepared tributing grants is fundamentally bro- tinues to underfund interoperable com- if FEMA is not fixed. The Department’s ken. I applaud the fact that this bipar- munications systems. It cuts the dis- changes are outdated. If we grant them tisan conference report gives the Sec- aster relief account. It cuts predisaster to Mr. Chertoff, we will find ourselves retary of Homeland Security the flexi- mitigation. It underfunds port secu- revisiting this issue again after the bility to distribute more money based rity. It underfunds rail and transit se- next catastrophe. We need to fix the on risk rather than population. curity. It fails to include dedicated Department properly, not with duct tape and wires, what this conference While I would like to see a much funding for chemical plant security. I greater percentage of funds allotted ex- could go on and on and on. report does by giving Secretary Chertoff carte blanche on the agency’s clusively on risk, at least this con- Homeland security is not for free. If ference report finally addresses an we are not funding these agencies, and structure. In response to this error, 13 members issue on which many of us have spent we are not funding the necessary per- of the Homeland Security Committee years on both sides of the aisle working sonnel to be able to protect our coun- have introduced the Department of to remedy. I find it inexplicable that try, then we are not doing a very good Homeland Security Reform Act of 2005. just as we improve the methods of job at homeland security. One other This bill recognizes Katrina happened, monetary distribution, just as we im- thing I will say to the gentleman from and among other things, creates a stat- prove the way first responders can get Texas. I believe that we have an obliga- utory requirement that the head of what they need, we limit the avail- tion when we spend the taxpayers’ FEMA have disaster and emergency ability, the pool of needed resources. In money that there is thoughtful and ef- preparedness experience. Current law fact, if it were not for both folks on fective oversight. We have allocated requires the head of the National Park each side of the aisle, we would have billions and billions of dollars already Service to have substantial experience accepted the administration’s plan, in response to this hurricane with no in land management. The least we can which would have been 4 percent less oversight. I do not want taxpayers’ do is require the director of FEMA to than what we have and no increase money wasted, and I am uncomfortable have prior experience in disasters. We whatsoever. with the fact the bill provides no over- do not need any more Brownies. Mr. Speaker, I think you should sight. The gentleman may not be, but I Mr. SESSIONS. Mr. Speaker, I yield 2 know today that the New York subway am. minutes to the gentleman from Florida system is under high alert. We need to 1 Mr. Speaker, I yield 3 ⁄2 minutes to (Mr. KELLER). understand what the ramifications of the gentleman from Mississippi (Mr. Mr. KELLER. Mr. Speaker, I thank that are. The FBI is working in concert THOMPSON), ranking Democrat on the the gentleman from Texas for yielding. with the New York City Police. This is Homeland Security Committee. Mr. Speaker, I rise today in support the first time they have had very spe- Mr. THOMPSON of Mississippi. Mr. of the rule and the homeland security cific place, very specific time ramifica- Speaker, later today the House will appropriations bill. This legislation tions. Yet the coordinated and timed consider a measure that provides $30.8 improves our homeland security in bombings in London and Madrid, the billion in funding for the Department three key ways. latest example of the fact between 1998 of Homeland Security. It also makes First, it helps us crack down on ille- and 2003, there were approximately 181 significant structural and policy gal immigration and protects our bor- terrorist attacks on rail and transit changes to the Department. I am ders by providing funding to hire 1,000 targets. pleased that the conferees adopted additional border patrol agents. Since 9/11, despite the fact that pas- many of the policy changes for which Second, the bill provides $3.3 billion senger rail systems in the United the Democrats on the Homeland Secu- for first responders, including grants States carry five times as many pas- rity Committee advocated during the that go directly to high-risk urban sengers each day as do the airlines, Department’s authorization process. areas and firefighters. Significantly, only $250 million of the estimated $6 For example, I am pleased that the for the first time, the majority of the billion needed has been invested in im- Department is directed to undertake a funding for first responders is appro- proving rail and transit security. quadrennial review, examine and jus- priately allocated based on the actual Congress continues to provide woe- tify multiyear procurement projects risk of terrorism to these areas. fully inadequate appropriations. Only

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22396 CONGRESSIONAL RECORD—HOUSE October 6, 2005 $150 million was appropriated for rail This bill creates the domestic nuclear Aviation security, arbitrary cap on and transit authority. detection office, which will really le- screeners. Okay, you can cut back on Mr. Speaker, I think we should all be verage all the laboratories and all the labor if you give them adequate tech- aware of this. It took a bipartisan ef- scientific assets in the country for bet- nology. But guess what? There is not fort to get us this far. We need to un- ter protection detection and get the enough money in this bill to buy the derstand what is going on in New York equipment out there so that we con- new technology, the new explosives de- City today, and I know this is not tinue to further protect our country. tection equipment that should be at going to change the dollar figure, the I also want to slow down and thank every passenger checkpoint, that dollar amount of this legislation. the staff, the professional staff, 22 should be under every airport, that I would simply ask my brothers and agencies, nearly 200,000 employees. should be used for cargo security, but sisters on both sides of the aisle to This has been very complicated for 21⁄2 they do not want to put up measurable take note that this is serious business. years: Michelle Mrdeza, our staff direc- goals, because they are not getting We need to continue this hard work. tor; Stephanie Gupta; Jeff Ashford; Tad there, and the American people would The FIRE Act, for instance, was cut $60 Gallion; Tom McLemore; Ben Nichol- be pretty darn mad about it if they million, which has been extremely, ex- son; Kelly Wade on the majority side; knew. tremely crucial to the 32,000 fire de- Beverly Pheto and the entire minority Then, first responder money, come partments throughout the United staff. They have worked countless on. Interoperable communications. States of America. We cannot do every- hours to bring us to this point. They First lesson: 9/11. We could not commu- thing. We realize that, Mr. Speaker, are excellent and professional. nicate with the fire and police and but there are things that we can do and I believe we will meet not only to do other first responders in the buildings, we should do. what is right and pass this bill, but I and many of them died, because they Mr. SESSIONS. Mr. Speaker, serving think we are going to meet to actually were out of touch as the buildings were as a member of the conference, when continue this homeland security chal- collapsing, and they had no notice. you go and you look at an appropria- lenge that we face. There is a lot of Katrina, first lesson: no interoper- tions and tear apart where all the money in the pipeline. I want to say to able communications. Well, the Presi- money goes and what the priorities are any of our people who have raised con- dent provided for zero dollars, and this and what the needs are and work with cerns about the firefighter and first re- is up to $76 million nationwide. Wow, the Senate, one of the most important sponder grants, there is a lot of money that is enough to do three counties in attributes of getting a good bill is lis- in the pipeline. my State out of 36, and that is the tening to both sides, Republicans and We had a hearing earlier in the day money for the entire Nation of the Democrats, and to understand those about how much money is yet to be al- United States of America for interoper- located that is in the system. This Con- priorities as they relate not only to, in able communications, the most basic gress has funded these needs. This is this case, homeland security, but real- tool that our first responders need to the bread and butter. This is not the ly the needs of the entire country. protect American lives and to rescue response to Katrina. This was under The next gentleman, who is a leader people and to better and more effec- way prior to Katrina. The select com- in this Congress, did exactly that. He tively deal with emergencies, whether mittee, the supplementals will address took time with HAL ROGERS and JOHN they are terrorist-generated or natural Katrina. We are doing that daily. CARTER to understand the needs as ex- disaster-generated, and we can come up Clearly, we have got to do better. pressed by this administration, as ex- with $76 million nationwide, not even a We will meet to make sure the Fed- pressed by the Senate, and by the real tax break for some of the rich peo- eral Government’s response continues House. ple around here. to improve. I encourage adoption of the Mr. Speaker, I am pleased to yield 3 So to say somehow that this is ade- rule and support for this most impor- minutes to the gentleman from Ten- quate is absurd. If you set goals and tant homeland security conference re- nessee (Mr. WAMP). the goals are, every first responder in port. Mr. WAMP. Mr. Speaker, I thank the America has interoperable communica- gentleman from Texas for his out- b 1815 tions, we are falling way short. If you standing work and the work of the Mr. MCGOVERN. Mr. Speaker, I yield say we are going to begin to protect Rules Committee in bringing this rule 3 minutes to the gentleman from Or- ourselves against radiological attack, to the floor. I rise in support of the egon (Mr. DEFAZIO). against bombs coming in in shipping rule and the conference report. We Mr. DEFAZIO. Mr. Speaker, I thank containers, we are doing virtually worked for months across the aisle to the gentleman for yielding me this nothing. If you are going to improve come to this point. time. aviation security, nothing. I want to reemphasize, though, how Mr. Speaker, how quickly we forget. Then, finally, they want to push us much this rule does strengthen our We are essentially flying blind with back to the good old days of private work at the borders. One of the best this bill. We were supposed to have a aviation security, but it is not hap- employees I have ever had, Trish comprehensive report from the Depart- pening, because people know what we Mullins, the best caseworker, probably, ment of Homeland Security which was have now is better. But in order to fa- in any congressional office in Ten- long overdue, and then, when finally cilitate that push, they cap the liabil- nessee, her son Scott Mullins is a bor- produced, which was supposed to be ity of the private companies who are so der patrol agent on the Mexican bor- comprehensive on all the transpor- good and, now, they have to extend der. We hear weekly of the trials and tation sectors, was a regurgitation of complete liability exemption to the tribulations they face. They need the open-source material and news articles. airports to try and induce them to cavalry. With these 1,000 new border They had an early, more specific bring in private security, because ev- patrol agents, it brings the total in version, but it was pulled by the ad- erybody knows it failed us on 9/11, and this fiscal year to 1,500, and hundreds ministration because it was measur- it will fail us again, but it will make of new investigators, criminal inves- able. It had goals, objectives and tech- money for a few special interests. tigators through Immigrations and nology. It would have shown how short Mr. SESSIONS. Mr. Speaker, I yield 2 Customs Enforcement. This really does the funding is in this bill and how little minutes to the gentleman from Texas strengthen our borders. We have got to progress we have made: $150 million for (Mr. CARTER), who is a speaker who continue to take further steps. all of the ports in the United States of also had an opportunity to serve on I also want to say that one of the America over the next year. Whew. this appropriations conference in a de- things that Chairman ROGERS and I Mr. Speaker, we could be buying ra- tailed fashion and made sure that he have worked on for months now is to diation detection equipment for those looked at those priorities which were try to get the science and tech direc- ports, but that money is not available. necessary for spending for this very im- torate to invest in new technologies. It is not in the budget. portant bill.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22397 Mr. CARTER. Mr. Speaker, I thank this legislation implements structural protect our borders and enforce our im- the gentleman for yielding me this changes proposed by Secretary migration laws. We have to secure the time. Chertoff’s second-stage review without border, and this appropriation bill pro- Mr. Speaker, the State of Texas has full congressional scrutiny. While some vides the Department of Homeland Se- demonstrated to the world that they changes may be warranted, today we curity with the resources it needs to opened their arms to the evacuees of will be voting to shift the TSA, elimi- get the job done. the 2 hurricanes that struck our Nation nate the Under Secretary for Border From additional agents, detention and brought disaster to a great area of and Transportation Security and weak- space, airplanes, helicopters, un- the Gulf Coast. Texas has always en FEMA at a time when we need the manned aerial vehicles, to better tech- opened their arms to their neighbors agency to be strengthened, all without nology for securing and facilitating and said, come to Texas, you are wel- the benefit of significant oversight. travel into the United States by land, come. That is why several members of the air and sea, this bill has nearly every- But, Mr. Speaker, we have a problem Committee on Homeland Security, my- thing that is needed to protect our on the Texas border. I was down in La- self included, have introduced the DHS homeland. redo, Mexico, and Del Rio, Texas, re- Reform Act, which would improve the The district I represent includes a cently where 42 American citizens have proposed reorganization plan by large portion of the Border Patrol’s been kidnapped. I have a photograph of strengthening FEMA, detailing duties Tucson sector, through which almost a woman who was burned alive, an of the new chief intelligence officer and half, that is right, half of all of the Na- American citizen, by these criminals chief medical officer and establishing tion’s illegal immigrants enter into who cross freely across our borders of assistant secretaries for physical infra- this country. The negative impact that Texas. We say, welcome, in Texas, but structure security and for cyber secu- this has on communities in my area is when you come here, do not break the rity and telecommunications. staggering. The impact of environ- law to get here. It is time for border se- Finally, it would require a quadren- mental degradation, the cost to hos- curity in this bill. nial Homeland Security review, unlike pitals, police and sheriff’s departments I rise in support of this rule and this H.R. 2360, which simply encourages and other public agencies, not to men- homeland security appropriation bill such a review. tion the tragic loss of life in Arizona in because we start down the road to pro- Mr. Speaker, I hope we will have an the desert, as many people who seek to viding safe borders for the entire opportunity to consider the DHS Re- come to the United States for better southern border and northern border of form Act before it is too late to alter opportunities perish in the heat of the the United States. We add 1,000 Border some of the significant changes pro- summer. Patrol men, which will be of great as- posed by the second-stage review and I am pleased that this conference resistance in shutting down this criminal included in this appropriations bill. port provides necessary resources to activity and all of this illegal behavior Nonetheless, while the conference re- protect our border, not only an addi- of people coming illegally into our Na- port is not perfect, it is indeed an im- tional $56 million for the Tucson sector tion. portant and significant step towards for expanding Border Patrol stations, Mr. Speaker, 68,000 OTMs, Other strengthening our Nation’s prepared- fencing, vehicles, lighting, border roads Than Mexicans, have crossed within ness, and I will support H.R. 2360. the last 8 months. That is a crisis. We Mr. SESSIONS. Mr. Speaker, I yield 2 and sensors, but across our entire bor- have to do something about the bor- minutes to the gentleman from Ari- der. I urge my colleagues to vote in favor of this rule and the underlying ders, and this bill does that. zona (Mr. KOLBE) who, once again, is a We have new agents for the Border gentleman who served on the con- bill. Patrol. We have new criminal inves- ference report, who is a person, who is Mr. MCGOVERN. Mr. Speaker, I yield 1 tigators, we have new investigators for a veteran of the Committee on Appro- 3 ⁄2 minutes to the gentleman from New immigration and for ICE. We have propriations, a person who sits directly on York (Mr. MEEKS). vided a great start on a secure border. the border of the United States and Mr. MEEKS of New York. Mr. Speak- We will continue to work hard to se- Mexico; he is a person who has been in- er, I rise today to discuss the Depart- cure the borders of this country so that volved for many years in making sure ment of Homeland Security and the this illegal behavior will be caught and that tough questions were asked and Transportation Security Administra- punished and these people will be that we made sure that a balance for tion’s Registered Traveler program. turned back, because, Mr. Speaker, our delivery of money was given to agen- Like many of my colleagues, I was Nation’s security depends upon it. cies with an expectation of perfor- shocked to learn last month that the So I am very supportive of this bill, mance. TSA has discontinued the Registered and I ask for a ‘‘yes’’ vote on the rule Mr. KOLBE. Mr. Speaker, I thank the Traveler pilot program operating at and a ‘‘yes’’ vote on this bill, because it gentleman for his comments and for five commercial airports. While TSA is a vote for a secure border for Amer- yielding me this time, and I rise today claims they need time to evaluate the ica. to urge my colleagues to support both pilot program before expanding, I con- Mr. MCGOVERN. Mr. Speaker, I yield the rule and the underlying conference tend they have been slow to act and, as 2 minutes to the distinguished gen- report on H.R. 2360, the appropriations a result, are depriving the traveling tleman from Rhode Island (Mr. LAN- for the Department of Homeland Secu- public, particularly frequent travelers, GEVIN). rity. a more efficient, effective and safer Mr. LANGEVIN. Mr. Speaker, I As a member of the Subcommittee on manner of proceeding through airport thank the gentleman for yielding me Homeland Security of the Committee security. this time. on Appropriations, I am especially TSA has been running the pilot pro- Mr. Speaker, today I rise in support pleased that this bill provides the re- grams since the summer of 2004. Each of H.R. 2360 which will equip our Na- sources needed to help secure our bor- one was advertised to be 90 days in du- tion to better prepare and respond to der. There are a lot of proposals in Con- ration, at which point decisions about future natural disasters and terrorist gress that deal with the problem of il- further deployment would be made. attacks. This bill includes needed fund- legal immigration, and they vary tre- However, we find ourselves now over a ing for priorities such as 1,000 addi- mendously, but they all have one com- year since these pilot programs began tional Border Patrol agents, port and mon theme to them, one common with TSA still saying they need addi- transit security improvements, the thread, and that is, they all recognize tional time to evaluate it. I do not buy Coast Guard’s Deepwater program and the need to secure our border, and this it. a pilot program to improve air cargo bill helps to provide the resources that This is a classic example of the Fed- screening. are necessary to accomplish that goal. eral Government being slow in making However, H.R. 2360 is not perfect. Mr. The bill ensures that Customs and critical decisions about a program Speaker, I am deeply concerned that Border Patrol will have ample funds to which we know to be a success and a

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22398 CONGRESSIONAL RECORD—HOUSE October 6, 2005 program that we know also makes us Mr. SESSIONS. Mr. Speaker, the make sure that the funds and the re- safer. gentleman from New York is exactly sources are directed to where threats Now, the TSA is continuing to oper- correct. We do need more competition most exist. And they insisted on still a ate a sixth pilot program at Orlando engaged in not only homeland security minimum level of funding for every International Airport that they but all across our government. The last State in this Nation that I think ex- launched this past June. The Orlando session of Congress, I had an oppor- ceeds common sense. But nevertheless, pilot is different from the five pilots tunity to serve on the Select Com- this is the first time we have been able that have been shut down in that it is mittee on Homeland Security and had to codify in legislation and will enact a public-private partnership that is run an opportunity to work very closely in legislation the idea that homeland in conjunction with the airport, its with the gentleman from New York security is going to be done threat- vendor and TSA. I believe this public- (Mr. SWEENEY). As part of this appro- based, and that is critically important. private partnership is the way to go, as priations conference, he very clearly And it is why this is an important bill. it will allow the private sector to add and carefully brought forward thoughts It is the most significant of the home- additional strengths to the programs, and ideas, just exactly what our col- land security approps bills because it such as offering greater flexibility in league from New York (Mr. MEEKS) enacts into law what this body has said meeting the needs and customer expec- stated about the ability to create bet- now for 2 straight years that we ought tations, making rapid decisions on cap- ter competition but also to expect re- to be doing. ital investment, and customizing pro- sults. Several years ago the gentleman It does a number of other really im- grams based on intimate knowledge of from New York (Mr. SWEENEY) was the portant things, too. And despite the the local market. first Member of Congress to bring for- critics, who we have heard from today, The Registered Traveler program has ward a threat-based funding analysis saying that it does not do enough, it promise, and I believe in it. However, plan. That was that we would aim our does more to improve border security due to the manner in which the pilot funding at the most likely threats that than any other single piece of legisla- programs were structured and the lack our Nation would be facing. And it is tion we have had before us since Sep- of decision-making at TSA, this pro- this kind of leadership that has allowed tember the 11th. It does important gram is in jeopardy of not getting off us, and I know we all do not agree on things on restructuring our capabili- the ground at the national level. First this. I know that there are a lot of peo- ties in science and technology, and and foremost, there are too few meas- ple that think you ought to divide up every year, we have this debate that we urable benefits at the security check- the pie and every State or every city are not spending enough money, point for individuals enrolled in the get so much money and every first re- whether it is for screening devices in Registered Traveler program. Why does sponder gets so much money. But that airports or ports or other kinds of TSA collect a list of personal data on is not what this administration and not places or interoperability of commu- an individual and then subject him or what this Congress believes is the right nications. The fact of the matter is her to a security threat assessment and way to do that. structurally this bill does more to get provide so few measurable benefits? I am pleased right now to have as our I contend that if the Federal Govern- us to the place where we actually can next speaker the gentleman from New ment knows who you are by running have the technology put to use in the your information against terrorist York (Mr. SWEENEY) and I would yield field that will ensure that we are able watch lists and other government data- him 3 minutes. to provide that kind of support for our Mr. SWEENEY. Mr. Speaker, I thank bases, then they should provide more citizens and our first responders. the gentleman from Texas for the kind meaningful benefits at the security Finally, Mr. Speaker, I would point introduction and thank him for his checkpoint such as not having you out that, after a very arduous negotia- great work at getting this rule out and take off your shoes or not having you tion, the Coast Guard Deepwater pro- onto the floor and for his friendship take off your coat or perhaps allowing gram, which is critically important to and his hard work on behalf of this Na- nonticketed individuals back to the maintaining our security throughout, gates, as we did prior to 9/11, where tion. is really strengthened here in this bill. Mr. Speaker, I have been on this they have our fingerprints and our eye Now, we have got a lot of work left to committee for a number of years since retinas to make sure that we are safe do. There were billions, literally bil- its inception. And every one of these going through. These are common lions of dollars in the pipeline for first- bills comes to the floor, and we have sense benefits that can and should have responder grants. And the most impor- common interests in the bill that we been granted to individuals who sign tant thing that we can do in this body, can agree on and common things that up for this program. With not pro- I think, is provide the proper oversight viding real benefits such as these, TSA we can disagree on. But it is an accu- to make sure that those billions of dol- is running the risk of killing this pro- mulation of work representative of the lars get to where they need to go and gram before it is even started. process here, a bipartisan, bicameral they are spent in a reasonable and re- bill that is not perfect by any means, sponsible manner. This bill does that. b 1830 but gets us significantly closer to the I want to salute Chairman ROGERS I am also extremely concerned with places we all want to be. And I think for taking the prudent steps that he this language contained in the DHS this is probably the one conference re- has taken here and for really leading conference report that provides a mo- port that does that more than any us. I support this bill and urge my col- nopoly in my view to one organization other that I have been fortunate leagues to do so as well. to be the central collector and enough to work on, and it is because, Mr. MCGOVERN. Mr. Speaker, I aggregator for biometric data nec- as the gentleman from Texas pointed think one of the things that is missing essary for the background vetting of out, it does do something that is im- in this bill is the lack of oversight. the Registered Traveler program like portant and that has been voted on by That is why some of us have great con- other programs. This is not the ap- this body a number of times, and that cerns about it. proach we should be headed in in the is to distribute first responder grants Mr. Speaker, I yield 3 minutes to the United States Congress. We should be appropriately, threat-based, risk-based, gentleman from New Jersey (Mr. promoting competition, growth and an first before we go to minimum stand- MENENDEZ). even playing field. And with a public- ards. Mr. MENENDEZ. Mr. Speaker, this private partnership like the public-pri- Now, we had negotiated, and we had bill fails us on chemical plant security. vate partnership taking place in Or- a compromise with our friends in the According to data from the Environ- lando, the American people will win, other body who still have not gotten to mental Protection Agency, there are 23 and the options and competitive envi- the place where they understand that States, including my home State of ronment will be what we need to make the most efficient way we are going to New Jersey, which has seven such us safer. fund and protect this Nation is to plants where a worst-case release of

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22399 chemicals could threaten more than a tion to be unprotected from attacks on First of all, let me begin by saying million people per incident. And a part our chemical plants, transit systems, something nice to the majority. I of my district, in northern New Jersey, ports and the ability of our first re- would like to point out for the record is home to the area commonly referred sponders to respond. That is a Federal that this is the first conference report to as the most dangerous 2 miles in Government that is failing to secure in this Congress that has lain over for America, an area between Newark Lib- its people. 3 days as required under the rules of erty Airport and Port Elizabeth that is Mr. MCGOVERN. Mr. Speaker, I yield the House, so I want to thank the home to a number of chemical plants. 21⁄2 minutes to the gentleman from Or- Speaker and the majority leader and The New York Times recently re- egon (Mr. BLUMENAUER). the members of the Rules Committee ported that one plant in this area that Mr. BLUMENAUER. Mr. Speaker, I for following the rules of the House for possesses chlorine gas ‘‘poses a poten- appreciate that this bill finally fully a change. I hope we can do this more tially lethal threat to 12 million people funds the mitigation programs author- often. who live within a 14-mile radius.’’ ized last year by the Flood Insurance Now, Mr. Speaker, let me address the Now, the attacks of September 11th Reform Act, which I was pleased to co- substance of this conference report. made each of us realize that terrorism author with our former colleague, This conference report cuts first-re- had entered a whole new realm, one in Doug Bereuter, which reauthorized and sponder grants. We have heard that which our Nation’s assets, infrastruc- reformed the National Flood Insurance over and over and over again. And let ture and people could be used against program assisting property owners who me just say to my colleagues on the live in repetitively flooded areas. The us. That is why the Menendez amend- other side who say that somehow there programs in this bill are not funded by ment to the House homeland security is money in the pipeline, well, there taxpayer dollars but by a transfer from appropriations bill, which passed with shouldn’t be any money in the pipeline. the National Flood Insurance paid by the support of 224 of my colleagues, The need is that great. sought to improve the security of that premium dollars which authorized mitigation assistance to communities The first responders in this country, area of chemical plants across the our fire fighters and our police officers, country by providing $50 million to to elevate properties or move people out of harm’s way. they do not want resolutions of sup- State and local governments to en- port. They do not want your eloquent hance the security of those plants and Hurricane Katrina highlighted the importance of preparing for and miti- speeches. They do not want your mean- the communities that surround them. gating against these natural disasters. ingless proclamations. What they This money could have been used to While I am pleased that we have par- want, what they need are the resources equip and train first responders, pro- tial funding, I am disappointed that to be able to do their job, to protect vide assistance and guidance to chem- the administration has not requested their communities. ical plant officials to implement best funding for these programs earlier, an And yet, under this conference re- management practices to improve se- approach that could have, if fully fund- port, three of the four major grants curity or to increase law enforcement ed and aggressively implemented, programs for first responders in the De- presence and patrols around chemical saved lives and property. partment of Homeland Security are cut plants. Unfortunately, the conference com- below fiscal year 2005 levels. It As a matter of fact, just this past mittee report cuts critical funding for underfunds communications equipment week, there was a chlorine incident in other important mitigation programs. for first responders. We have been talk- a pool plant that strangulated traffic It provides only $50 million for pre-dis- ing about that over and over through- in the New York-New Jersey metro aster mitigation, which is 67 percent out this debate. area. Unfortunately, the Republican below the House passed level and the But what is particularly astonishing controlled conference committee chose President’s request and 50 percent to me is that, despite what we saw in to delete the amendment from the en- below the level for last year. This is Katrina, where people could not com- tire conference report. what helps keep people out of harm’s municate with each other, similar to Hurricane Katrina should have way. what happened during 9/11, the con- taught us the importance of addressing But my deepest concern in the reference report actually provides $15 the problems we know we face before port, I must say, is a local concern, million or 36 percent less than the disaster strikes. The chemical plants dealing with what it does to Portland’s amount the House provided for this that dot northern New Jersey are the airport screeners with a reduction of equipment in the original bill back in Lake Ponchartrain of our region, and over 2,000 from last year and the Presi- May before Katrina ever struck. this Congress just decided to cut fund- dent’s request. These have led directly Now we have heard a lot on the other ing for the equivalent of levees that to cuts in screener levels at over 200 would protect our people. side about budget priorities and lim- airports across the country. ited moneys and funding shortfalls. And not only did the conference com- The airport that serves the Portland But we have to get this right. This is mittee on homeland security delete metropolitan area is hit the hardest in about protecting our homeland secu- that amendment increasing funding for the country, losing over a third of our rity. This is government’s first respon- chemical security, it also cut State and screeners despite an increase in our air sibility, to protect the people of this local preparedness grants by $585 mil- traffic. These cuts will impact not just country. lion, a full 19 percent lower than the my community but those across the level in the last fiscal year. country and undermine our air trans- You never talk about budget prior- This Congress had a chance to ad- portation system. ities. You never talk about money dress a looming problem before it was The cuts will lead to longer lines and shortfalls when it comes to tax cuts too late. The decision to cut funding lost luggage. These proposed cuts will that benefit mostly the richest people for chemical security is an astonishing leave Portland less protected than it in this country. But yet when it comes abdication of Congress’s responsibility was before 9/11. We have introduced a to protecting people, providing the to keep our families safe. resolution of inquiry to find out why in equipment that our first responders And just while New York City at this the world TSA wants to do that. need, providing the equipment our very moment has heightened transit Unless we in Congress understand communities need to protect them- security because of a critical threat of how TSA is doing the job of cutting selves against a terrorist attack or a bombing on the subway system, this funding for these screeners, they will natural disaster, somehow we do not bill woefully underfunds transit secu- come back to haunt our local commu- have the money. rity. nities and our already ailing airlines. I I would urge my colleagues to vote While my colleagues focus on un- think our constituents deserve better. ‘‘no’’ on the conference report. documented immigration in this home- Mr. MCGOVERN. Mr. Speaker, I yield Mr. Speaker, I yield back the balance land security bill, they allow the Na- myself the balance of my time. of my time.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22400 CONGRESSIONAL RECORD—HOUSE October 6, 2005 ANNOUNCEMENT BY THE SPEAKER PRO Ms. JACKSON-LEE of Texas. Mr. Speaker, 8 of rule XX, proceedings will resume TEMPORE. I will ultimately support the underlying legisla- on motions to suspend the rules pre- The SPEAKER pro tempore (Mr. tion under the Conference Report, but I recog- viously postponed. WALDEN of Oregon). The Chair will re- nize that it has many shortfalls that will affect Votes will be taken in the following mind all persons in the gallery that this nation’s ability to respond to a new and order: they are here as guests of the House substantial set of circumstances—namely the S. 1786, by the yeas and nays; and that any manifestation of approval aftermath of Katrina and Rita. I speak not only H. Res. 276, by the yeas and nays; or disapproval of proceedings or other from the standpoint of a Representative of an H.R. 3894, by the yeas and nays. audible conversation is in violation of area that experienced compound effects of The first electronic vote will be con- the rules of the House. both Katrina and Rita, but I speak as mother, ducted as a 15-minute vote. The re- b 1845 wife, and a person who understands the pains maining votes in this series will be 5- Mr. SESSIONS. Mr. Speaker, I yield of economic hardship. minute votes. A restrictive rule in a situation such as this myself such time as I may consume. f I am pleased and proud today to have will only limit the effectiveness of this legisla- the gentleman from Kentucky (Mr. tion. Hurricane Katrina has been a natural dis- AUTHORIZING SECRETARY OF aster of unprecedented proportions. The ef- ROGERS) to lead us today as we have an TRANSPORTATION TO MAKE opportunity to debate, discuss, and fects of Katrina, now compounded with the ef- EMERGENCY AIRPORT IMPROVE- vote on this important appropriations fects of hurricane Rita, have been difficult to MENT PROJECT GRANTS-IN-AID bill for homeland security. predict and even more difficult to prevent. FOR REPAIRS AND COSTS RE- Mr. Speaker, I will admit to my col- Thousands of people are displaced, hungry, LATED TO DAMAGE FROM HUR- leagues we worked hard on this bill. It and without hope. Authorities at every level of RICANES KATRINA AND RITA government are virtually writing the book on is a bipartisan effort. It was one that The SPEAKER pro tempore. The how to respond to a disaster of this proportion employed a lot of people with a lot of pending business is the question of sus- and scope. In my district alone, there are thoughts and ideas. We worked with pending the rules and passing the Sen- 15,000 displaced children who need homes, the Senate, we worked with the admin- ate bill, S. 1786. schooling, food, jobs, and subsistence items. istration, a lot of work, but what we The Clerk read the title of the Senate New information is coming in by the hour on have done is produce a package that is bill. threat-based. It is based on those ex- damage that was done to our infrastructure, the numbers of displaced people, and the pal- The SPEAKER pro tempore. The perts who see the threat that is aimed question is on the motion offered by against the United States, and they are try resources available. I applaud the Conferees for giving agencies the gentleman from Florida (Mr. MICA) numerous. They are numerous. They such as ICE an appropriation of $3.175 bil- that the House suspend the rules and are not in our largest cities, but along lion—which was a $216 million increase over pass the Senate bill, S. 1786, on which our border, but, Mr. Speaker, we have the FY05 level of $2.95 billion. Furthermore, of the yeas and nays are ordered. worked together to make sure that in a the $4.6 billion allocated to TSA, $2.54 billion The vote was taken by electronic de- bipartisan fashion this was addressed, is allocated to cover passenger and baggage vice, and there were—yeas 420, nays 0, and I am pleased and proud today to screener workforce. The number of TSA not voting 13, as follows: say that this is a threat-based bill, screeners is capped at 45,000—which will [Roll No. 509] based upon what the experts tell us is constrain our efforts to compensate for the ef- YEAS—420 facing the United States today. fects of the two hurricanes. Within this ac- Mr. Speaker, I would also like to Abercrombie Brown, Corrine Davis (TN) count, privatized screening operations are Ackerman Brown-Waite, Davis, Jo Ann highlight the retirement of a very im- funded at $140 million. The conferees also ex- Aderholt Ginny Davis, Tom portant person in the administration. Akin Burgess Deal (GA) tended liability protection to airports with pri- He is a former commissioner of U.S. Alexander Burton (IN) DeFazio vate and TSA screeners for ‘‘any act of neg- Allen Butterfield DeGette Customs; and under Homeland Secu- ligence, gross negligence, or intentional Andrews Buyer DeLauro rity, he has been commissioner of U.S. wrongdoing’’ committed by a Federal or pri- Baca Calvert DeLay Customs and Border Protection, Judge Bachus Camp Dent vate screener—which will be a good element. Robert Bonner from Los Angeles, Cali- Baird Cannon Diaz-Balart, L. Unfortunately, the underlying bill is not ex- Baker Cantor Diaz-Balart, M. fornia, who has served this great Na- actly on-point or up-to-date vis-a-vis Hurricane Baldwin Capito Dicks tion for a number of years as a Federal Barrett (SC) Capps Dingell Rita. Many of the problems that we face are judge and once again in the U.S. Cus- Barrow Capuano Doggett new, late breaking, and developing in front of toms and Border Protection. Judge Bartlett (MD) Cardin Doolittle our eyes. We need as unrestrictive a rule as Barton (TX) Cardoza Doyle Bonner will be leaving in just about a possible in order to best address the issues Bass Carnahan Drake month from his service to the adminis- Bean Carson Dreier contained with this legislation. In fact we have tration; and Judge Bonner has been a Beauprez Carter Duncan still not given full attention to the value of Becerra Case Edwards man of not only substance and vision growing and promoting citizen Corps—estab- Berkley Castle Ehlers but a person who has offered Members Berman Chabot Emanuel lished neighborhood groups that were estab- of Congress his best advice on how best Berry Chandler Emerson lished in the original homeland security legisla- to deal with the threats against this Biggert Chocola Engel tion that would help train neighborhoods in se- Bilirakis Clay English (PA) Nation. curing their communities. Bishop (GA) Cleaver Eshoo So I would like to highlight not only Bishop (NY) Clyburn Etheridge This measure is of critical importance for the the service to this country that the Bishop (UT) Coble Evans constituents of my district. We can do better. Blackburn Cole (OK) Everett Members of Congress have done in this Mr. SESSIONS. Mr. Speaker, I yield Blumenauer Conaway Farr appropriations bill but also working back the balance of my time, and I Blunt Conyers Fattah with the administration, with such fine move the previous question on the res- Boehlert Cooper Feeney people as Judge Bonner. Boehner Costa Ferguson olution. Bonilla Costello Filner Mr. Speaker, I will confess to my col- The previous question was ordered. Bonner Cramer Fitzpatrick (PA) leagues that this bill that we have here The resolution was agreed to. Bono Crenshaw Flake today is aimed at averting and stop- A motion to reconsider was laid on Boozman Cubin Foley Boren Cuellar Forbes ping the next terrorist attack that the table. Boucher Culberson Ford comes aimed at this country. I hope f Boustany Cummings Fortenberry that we have put the best minds to this Boyd Cunningham Fossella and that we are prepared. ANNOUNCEMENT BY THE SPEAKER Bradley (NH) Davis (AL) Foxx PRO TEMPORE Brady (PA) Davis (CA) Frank (MA) I am prepared to tell my colleagues Brady (TX) Davis (FL) Franks (AZ) right now I support this rule and the The SPEAKER pro tempore (Mr. Brown (OH) Davis (IL) Frelinghuysen underlying legislation. WALDEN of Oregon). Pursuant to clause Brown (SC) Davis (KY) Gallegly

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22401 Garrett (NJ) Lucas Rogers (KY) NOT VOTING—13 Eshoo Kolbe Pomeroy Gerlach Lungren, Daniel Rogers (MI) Etheridge Kucinich Porter Boswell Olver Schwarz (MI) Gibbons E. Rohrabacher Evans Kuhl (NY) Price (GA) Crowley Payne Gilchrest Lynch Ros-Lehtinen Watson Everett LaHood Price (NC) Delahunt Poe Gillmor Mack Ross Whitfield Farr Langevin Pryce (OH) Hastings (FL) Rothman Gingrey Maloney Roybal-Allard Fattah Lantos Putnam Linder Royce Gohmert Manzullo Ruppersberger Feeney Larsen (WA) Radanovich Gonzalez Marchant Rush ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ferguson Larson (CT) Rahall Goode Markey Ryan (OH) Filner Latham Ramstad Goodlatte Marshall Ryan (WI) The SPEAKER pro tempore (Mr. Fitzpatrick (PA) LaTourette Rangel Gordon Matheson Ryun (KS) WALDEN of Oregon) (during the vote). Flake Leach Regula Granger Matsui Sabo Members are advised there are 2 min- Foley Lee Rehberg Graves McCarthy Salazar Forbes Levin Reichert Green (WI) McCaul (TX) Sa´ nchez, Linda utes remaining in this vote. Ford Lewis (GA) Renzi Green, Al McCollum (MN) T. Fortenberry Lewis (KY) Reyes Green, Gene McCotter Sanchez, Loretta b 1909 Fossella Lipinski Reynolds Grijalva McCrery Sanders So (two-thirds having voted in favor Foxx Lofgren, Zoe Rogers (AL) Gutierrez McDermott Saxton Frank (MA) Lowey Rogers (KY) Gutknecht McGovern Schakowsky thereof) the rules were suspended and Franks (AZ) Lucas Rogers (MI) Hall McHenry Schiff the Senate bill was passed. Frelinghuysen Lungren, Daniel Rohrabacher Harman McHugh Schmidt The result of the vote was announced Gallegly E. Ros-Lehtinen Harris McIntyre Schwartz (PA) as above recorded. Garrett (NJ) Lynch Ross Hart McKeon Scott (GA) Gerlach Mack Roybal-Allard Hastings (WA) McKinney Scott (VA) A motion to reconsider was laid on Gibbons Maloney Ruppersberger Hayes McMorris Sensenbrenner the table. Gilchrest Manzullo Rush Hayworth McNulty Serrano Gillmor Marchant Ryan (OH) Hefley Meehan Sessions f Gingrey Markey Ryan (WI) Hensarling Meek (FL) Shadegg Gohmert Marshall Ryun (KS) Herger Meeks (NY) Shaw SUPPORTING THE GOALS AND Gonzalez Matheson Sabo Herseth Melancon Shays IDEALS OF PANCREATIC CANCER Goode Matsui Salazar Higgins Menendez Sherman AWARENESS MONTH Goodlatte McCarthy Sa´ nchez, Linda Hinchey Mica Sherwood Gordon McCaul (TX) T. Hinojosa Michaud Shimkus The SPEAKER pro tempore. The Granger McCollum (MN) Sanchez, Loretta Hobson Millender- Shuster pending business is the question of sus- Graves McCotter Sanders Hoekstra McDonald Simmons Green (WI) McCrery Saxton Holden Miller (FL) Simpson pending the rules and agreeing to the Green, Al McDermott Schakowsky Holt Miller (MI) Skelton resolution, H. Res. 276. Green, Gene McGovern Schiff Honda Miller (NC) Slaughter The Clerk read the title of the resolu- Grijalva McHenry Schmidt Hooley Miller, Gary Smith (NJ) Gutierrez McHugh Schwartz (PA) Hostettler Miller, George Smith (TX) tion. Gutknecht McIntyre Scott (GA) Hoyer Mollohan Smith (WA) The SPEAKER pro tempore. The Hall McKeon Scott (VA) Hulshof Moore (KS) Snyder question is on the motion offered by Harman McKinney Sensenbrenner Hunter Moore (WI) Sodrel the gentleman from Tennessee (Mr. Harris McMorris Serrano Hyde Moran (KS) Solis Hart McNulty Sessions Inglis (SC) Moran (VA) Souder DUNCAN) that the House suspend the Hastings (WA) Meehan Shadegg Inslee Murphy Spratt rules and agree to the resolution, H. Hayes Meek (FL) Shaw Israel Murtha Stark Res. 276, on which the yeas and nays Hayworth Meeks (NY) Shays Issa Musgrave Stearns Hefley Melancon Sherman Istook Myrick Strickland are ordered. Hensarling Menendez Sherwood Jackson (IL) Nadler Stupak This will be a 5-minute vote. Herger Mica Shimkus Jackson-Lee Napolitano Sullivan The vote was taken by electronic de- Herseth Michaud Shuster (TX) Neal (MA) Sweeney vice, and there were—yeas 415, nays 0, Higgins Millender- Simmons Jefferson Neugebauer Tancredo Hinchey McDonald Simpson Jenkins Ney Tanner not voting 18, as follows: Hinojosa Miller (FL) Skelton Jindal Northup Tauscher [Roll No. 510] Hobson Miller (MI) Slaughter Johnson (CT) Norwood Taylor (MS) Hoekstra Miller (NC) Smith (NJ) Johnson (IL) Nunes Taylor (NC) YEAS—415 Holden Miller, Gary Smith (TX) Johnson, E. B. Nussle Terry Abercrombie Boustany Costa Holt Miller, George Smith (WA) Johnson, Sam Oberstar Thomas Ackerman Boyd Costello Honda Mollohan Snyder Jones (NC) Obey Thompson (CA) Aderholt Bradley (NH) Cramer Hooley Moore (KS) Sodrel Jones (OH) Ortiz Thompson (MS) Akin Brady (PA) Crenshaw Hostettler Moore (WI) Solis Kanjorski Osborne Thornberry Alexander Brady (TX) Cubin Hoyer Moran (KS) Souder Kaptur Otter Tiahrt Allen Brown (OH) Cuellar Hulshof Moran (VA) Spratt Keller Owens Tiberi Andrews Brown (SC) Culberson Hunter Murphy Stark Kelly Oxley Tierney Baca Brown, Corrine Cummings Hyde Murtha Stearns Kennedy (MN) Pallone Towns Bachus Brown-Waite, Cunningham Inglis (SC) Musgrave Strickland Kennedy (RI) Pascrell Turner Baird Ginny Davis (AL) Inslee Myrick Stupak Kildee Pastor Udall (CO) Baker Burgess Davis (CA) Israel Nadler Sweeney Kilpatrick (MI) Paul Udall (NM) Baldwin Burton (IN) Davis (FL) Issa Napolitano Tancredo Kind Pearce Upton Barrett (SC) Butterfield Davis (IL) Istook Neal (MA) Tanner King (IA) Pelosi Van Hollen Barrow Buyer Davis (KY) Jackson (IL) Neugebauer Tauscher King (NY) Pence Vela´ zquez Bartlett (MD) Calvert Davis (TN) Jackson-Lee Ney Taylor (MS) Kingston Peterson (MN) Visclosky Barton (TX) Camp Davis, Jo Ann (TX) Northup Taylor (NC) Kirk Peterson (PA) Walden (OR) Bass Cannon Davis, Tom Jefferson Norwood Terry Kline Petri Walsh Bean Cantor Deal (GA) Jenkins Nussle Thomas Knollenberg Pickering Wamp Beauprez Capito DeFazio Jindal Oberstar Thompson (CA) Kolbe Pitts Wasserman Becerra Capps DeGette Johnson (CT) Obey Thompson (MS) Kucinich Platts Schultz Berkley Capuano DeLauro Johnson (IL) Ortiz Thornberry Kuhl (NY) Pombo Waters Berman Cardin DeLay Johnson, E. B. Osborne Tiahrt LaHood Pomeroy Watt Berry Cardoza Dent Jones (NC) Otter Tiberi Langevin Porter Waxman Biggert Carnahan Diaz-Balart, L. Jones (OH) Owens Tierney Lantos Price (GA) Weiner Bilirakis Carson Diaz-Balart, M. Kanjorski Oxley Towns Larsen (WA) Price (NC) Weldon (FL) Bishop (GA) Carter Dicks Kaptur Pallone Turner Larson (CT) Pryce (OH) Weldon (PA) Bishop (NY) Case Dingell Keller Pascrell Udall (CO) Latham Putnam Weller Bishop (UT) Castle Doggett Kelly Pastor Udall (NM) LaTourette Radanovich Westmoreland Blackburn Chabot Doolittle Kennedy (MN) Paul Upton Leach Rahall Wexler Blumenauer Chandler Doyle Kennedy (RI) Pearce Van Hollen Lee Ramstad Wicker Blunt Chocola Drake Kildee Pelosi Vela´ zquez Levin Rangel Wilson (NM) Boehlert Clay Dreier Kilpatrick (MI) Pence Visclosky Lewis (CA) Regula Wilson (SC) Boehner Cleaver Duncan Kind Peterson (MN) Walden (OR) Lewis (GA) Rehberg Wolf Bonilla Clyburn Edwards King (IA) Peterson (PA) Walsh Lewis (KY) Reichert Woolsey Bonner Coble Ehlers King (NY) Petri Wamp Lipinski Renzi Wu Bono Cole (OK) Emanuel Kingston Pickering Wasserman LoBiondo Reyes Wynn Boozman Conaway Emerson Kirk Pitts Schultz Lofgren, Zoe Reynolds Young (AK) Boren Conyers Engel Kline Platts Waters Lowey Rogers (AL) Young (FL) Boucher Cooper English (PA) Knollenberg Pombo Watt

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22402 CONGRESSIONAL RECORD—HOUSE October 6, 2005 Waxman Wexler Wu Crenshaw Hoyer Moore (KS) Snyder Thompson (MS) Watt Weiner Wicker Wynn Cubin Hulshof Moore (WI) Sodrel Thornberry Waxman Weldon (FL) Wilson (NM) Young (AK) Cuellar Hunter Moran (KS) Solis Tiahrt Weiner Weldon (PA) Wilson (SC) Young (FL) Culberson Hyde Moran (VA) Souder Tiberi Weldon (FL) Weller Wolf Cummings Inglis (SC) Murphy Spratt Tierney Weldon (PA) Westmoreland Woolsey Cunningham Inslee Murtha Stark Towns Weller Davis (AL) Israel Musgrave Stearns Turner NOT VOTING—18 Westmoreland Davis (CA) Issa Myrick Strickland Udall (CO) Wexler Davis (FL) Istook Nadler Stupak Udall (NM) Boswell Linder Rothman Wicker Davis (IL) Jackson (IL) Napolitano Sullivan Upton Crowley LoBiondo Royce Wilson (NM) Delahunt Nunes Schwarz (MI) Davis (KY) Jackson-Lee Neal (MA) Sweeney Van Hollen Wilson (SC) Hastings (FL) Olver Sullivan Davis (TN) (TX) Neugebauer Tancredo Vela´ zquez Wolf Johnson, Sam Payne Watson Davis, Jo Ann Jefferson Ney Tanner Visclosky Woolsey Lewis (CA) Poe Whitfield Davis, Tom Jenkins Northup Tauscher Walden (OR) Deal (GA) Jindal Norwood Taylor (MS) Walsh Wu ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE DeFazio Johnson (CT) Nunes Taylor (NC) Wamp Wynn The SPEAKER pro tempore (during DeGette Johnson (IL) Nussle Terry Wasserman Young (AK) DeLauro Johnson, E. B. Oberstar Thomas Schultz Young (FL) the vote). Members are advised there DeLay Johnson, Sam Obey Thompson (CA) Waters are 2 minutes remaining in this vote. Dent Jones (NC) Ortiz Diaz-Balart, L. Jones (OH) Osborne NOT VOTING—15 b 1917 Diaz-Balart, M. Kanjorski Otter Boswell Kirk Rothman Dicks Kaptur Owens Crowley Linder Royce So (two-thirds having voted in favor Dingell Keller Oxley Delahunt Olver Schwarz (MI) thereof) the rules were suspended and Doggett Kelly Pallone Gillmor Payne Watson the resolution was agreed to. Doolittle Kennedy (MN) Pascrell Hastings (FL) Poe Whitfield Doyle Kennedy (RI) Pastor The result of the vote was announced Drake Kildee Paul ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE as above recorded. Dreier Kilpatrick (MI) Pearce The SPEAKER pro tempore (during A motion to reconsider was laid on Duncan Kind Pelosi the vote). Members are advised 2 min- the table. Edwards King (IA) Pence Ehlers King (NY) Peterson (MN) utes remain in this vote. Stated for: Emanuel Kingston Peterson (PA) 1926 Mr. LOBIONDO. Mr. Speaker, my vote on Emerson Kline Petri b rollcall No. 510 was not recorded. I would like Engel Knollenberg Pickering So (two-thirds having voted in favor English (PA) Kolbe Pitts the RECORD to reflect that I would have voted Eshoo Kucinich Platts thereof) the rules were suspended and ‘‘yea’’ on rollcall No. 510. Etheridge Kuhl (NY) Pombo the bill, as amended, was passed. Evans LaHood Pomeroy The result of the vote was announced f Everett Langevin Porter as above recorded. Farr Lantos Price (GA) HURRICANE KATRINA EMERGENCY Fattah Larsen (WA) Price (NC) The title of the bill was amended so HOUSING ACT OF 2005 Feeney Larson (CT) Pryce (OH) as to read: ‘‘A bill to provide for waiv- Ferguson Latham Putnam ers under certain housing assistance The SPEAKER pro tempore (Mr. Filner LaTourette Radanovich programs of the Department of Hous- WALDEN of Oregon). The pending busi- Fitzpatrick (PA) Leach Rahall Flake Lee Ramstad ing and Urban Development to assist ness is the question of suspending the Foley Levin Rangel victims of Hurricane Katrina and Hur- rules and passing the bill, H.R. 3894, as Forbes Lewis (CA) Regula ricane Rita in obtaining housing’’. Ford Lewis (GA) Rehberg amended. A motion to reconsider was laid on The Clerk read the title of the bill. Fortenberry Lewis (KY) Reichert Fossella Lipinski Renzi the table. The SPEAKER pro tempore. The Foxx LoBiondo Reyes question is on the motion offered by Frank (MA) Lofgren, Zoe Reynolds f the gentleman from Louisiana (Mr. Franks (AZ) Lowey Rogers (AL) CONFERENCE REPORT ON H.R. 2360, Frelinghuysen Lucas Rogers (KY) BAKER) that the House suspend the Gallegly Lungren, Daniel Rogers (MI) DEPARTMENT OF HOMELAND SE- rules and pass the bill, H.R. 3894, as Garrett (NJ) E. Rohrabacher CURITY APPROPRIATIONS ACT, amended, on which the yeas and nays Gerlach Lynch Ros-Lehtinen 2006 Gibbons Mack Ross are ordered. Gilchrest Maloney Roybal-Allard Mr. ROGERS of Kentucky. Mr. This will be a 5-minute vote. Gingrey Manzullo Ruppersberger Speaker, pursuant to House Resolution The vote was taken by electronic de- Gohmert Marchant Rush 474, I call up the conference report to vice, and there were—yeas 418, nays 0, Gonzalez Markey Ryan (OH) Goode Marshall Ryan (WI) accompany the bill (H.R. 2360) making not voting 15, as follows: Goodlatte Matheson Ryun (KS) appropriations for the Department of [Roll No. 511] Gordon Matsui Sabo Homeland Security for the fiscal year Granger McCarthy Salazar YEAS—418 Graves McCaul (TX) Sa´ nchez, Linda ending September 30, 2006, and for Abercrombie Bishop (UT) Camp Green (WI) McCollum (MN) T. other purposes. Ackerman Blackburn Cannon Green, Al McCotter Sanchez, Loretta The Clerk read the title of the bill. Aderholt Blumenauer Cantor Green, Gene McCrery Sanders Akin Blunt Capito Grijalva McDermott Saxton The SPEAKER pro tempore. Pursu- Alexander Boehlert Capps Gutierrez McGovern Schakowsky ant to House Resolution 474, the con- Allen Boehner Capuano Gutknecht McHenry Schiff ference report is considered read. Andrews Bonilla Cardin Hall McHugh Schmidt (For conference report and state- Baca Bonner Cardoza Harman McIntyre Schwartz (PA) Bachus Bono Carnahan Harris McKeon Scott (GA) ment, see proceedings of the House of Baird Boozman Carson Hart McKinney Scott (VA) September 29, 2005, at page 21852.) Baker Boren Carter Hastings (WA) McMorris Sensenbrenner The SPEAKER pro tempore. The gen- Baldwin Boucher Case Hayes McNulty Serrano Barrett (SC) Boustany Castle Hayworth Meehan Sessions tleman from Kentucky (Mr. ROGERS) Barrow Boyd Chabot Hefley Meek (FL) Shadegg and the gentleman from Minnesota Bartlett (MD) Bradley (NH) Chandler Hensarling Meeks (NY) Shaw (Mr. SABO) each will control 30 min- Barton (TX) Brady (PA) Chocola Herger Melancon Shays utes. Bass Brady (TX) Clay Herseth Menendez Sherman Bean Brown (OH) Cleaver Higgins Mica Sherwood The Chair recognizes the gentleman Beauprez Brown (SC) Clyburn Hinchey Michaud Shimkus from Kentucky (Mr. ROGERS). Becerra Brown, Corrine Coble Hinojosa Millender- Shuster GENERAL LEAVE Berkley Brown-Waite, Cole (OK) Hobson McDonald Simmons Berman Ginny Conaway Hoekstra Miller (FL) Simpson Mr. ROGERS of Kentucky. Mr. Berry Burgess Conyers Holden Miller (MI) Skelton Speaker, I ask unanimous consent that Biggert Burton (IN) Cooper Holt Miller (NC) Slaughter all Members may have 5 legislative Bilirakis Butterfield Costa Honda Miller, Gary Smith (NJ) Bishop (GA) Buyer Costello Hooley Miller, George Smith (TX) days within which to revise and extend Bishop (NY) Calvert Cramer Hostettler Mollohan Smith (WA) their remarks and include extraneous

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22403 material on the conference report to above what the President asked of us. There is $1.5 billion for science and accompany the bill, H.R. 2360, and that This includes more than $19.1 billion technology, including $318 million for I may include tabular material on the for border protection and immigration the Domestic Nuclear Detection Office same. enforcement; $3.3 billion for our Na- that will coordinate our Nation’s ef- The SPEAKER pro tempore. Is there tion’s first responders; $6.33 billion for forts against the smuggling of nuclear objection to the request of the gen- transportation security; $1.5 billion for materials into our country. This is a tleman from Kentucky? research, development and deployment brand new agency, and this is brand There was no objection. of innovative technologies; and $625 new funding. We also continue to fully Mr. ROGERS of Kentucky. Mr. million for protecting our national fund research and development for Speaker, I yield myself such time as I critical infrastructure and key assets. antimissile devices that might be used may consume. In the interest of time, Mr. Speaker, against commercial aircraft. Mr. Speaker, we are pleased today to I would like to highlight just a few of Mr. Speaker, the important work of present for consideration the con- these items that I know are of interest the Department of Homeland Security ference agreement on the funding for to all the Members. cannot be emphasized enough. As we the Department of Homeland Security. There is $3.3 billion for our first re- continue to watch the recovery efforts Five weeks ago this Nation experienced sponders. This agreement strikes a bal- in the Gulf States and our hearts go perhaps the worst natural disaster in ance between funding high-risk com- out with our money to those regions, it our history. munities and providing support for is clear that the assets we have given States and localities to achieve and b 1930 the Department over the past 3 years maintain minimum levels of prepared- are being put to good use. I believe this Ninety thousand square miles were ness. The bill includes $950 million for conference agreement builds on the De- declared a disaster area. Ninety thou- basic formula and law enforcement ter- partment’s progress and substantially sand square miles, an area twice the rorism prevention grants and $1.2 bil- furthers the protection of our home- size of my home State of Kentucky. I lion for security in our urban and most land, and I urge all of my colleagues to believe Hurricane Katrina was a wake- populated areas, including $390 million support this bill. up call. It showed us we are not inde- for transportation and infrastructure Mr. Speaker, I reserve the balance of structible. Vulnerabilities clearly security grants. Some people say the my time. exist. We were reminded that there are amount of money for first responders is Mr. SABO. Mr. Speaker, I yield my- many threats to the homeland security below the current level, and it is true. self such time as I may consume. beyond terrorism. It is. The reason for that is they have When the House passed the 2006 There are obviously many lingering got $6.6 billion in the pipeline, not yet Homeland Security appropriations bill, and important questions about Hurri- allocated; so why add to the reservoir I said that the bill represented a sub- cane Katrina, all of which need to be when the river is running full? stantial improvement over the Presi- and will be addressed in the upcoming The bill provides $19.1 billion for bor- dent’s budget request. The conference months. We witnessed firsthand in der protection, immigration enforce- report does as well. I said that the bill Katrina the immediate response was ment and related activities, which is included better funding for border en- inadequate. We also saw how responses $1.2 billion over the current year and forcement, separate programs for tran- varied across State lines and at dif- almost a half billion over what the sit and port security. This conference ferent levels of government. President asked of us. That includes report does those same things. But while the response to Katrina $1.8 billion for border security and con- I said that the House bill toughened was plagued by problems, the prepara- trol; $3.4 billion for Immigration and up air cargo screening, privacy safe- tion response to Hurricane Rita was Customs Enforcement; $340 million for guards and the designation of security- not. We observed a substantially more the US-VISIT program; $2.9 billion for sensitive information. This conference organized preparation and response, Coast Guard operations; fully funding report includes these initiatives. demonstrating how the Department of Deepwater at $933.1 million; and $40 However, I also said that I had res- Homeland Security can and does work million for the implementation of the ervations about some parts of the as an effective organization. The fact is REAL ID Act. House bill, and I continue to have for many within the Department, the So I think the agreement, Mr. Speak- those concerns. I have more reserva- response to these disasters has been er, will go a long way towards improv- tions because of changes made to the nothing short of remarkable. ing the integrity of our borders. When bill in conference. For instance, in the week imme- we combine what we have in this bill I am a strong minority who has diately following Katrina, the Coast with the 2005 supplemental, we will strong reservations about the shift in Guard saved more than 33,000 lives, have 1,500 new Border Patrol agents distributing State and local grant more than the Coast Guard saved over and 568 Immigration and Customs En- funds from being based on population the past 5 years. Over 4,000 Coast forcement agents across the land to be to being based on the Department of Guard, 12,000 FEMA, 2,500 Federal law hired in fiscal year 2006. The bill also Homeland Security’s assessment of enforcement personnel have been sent supports a total of 20,300 detention beds risk and threat. These are funds that to support Hurricane Katrina and Rita for housing people who are locked up, flow to State governments to be reallo- relief operations, and their work con- having come across the border. cated, at least 80 percent to local gov- tinues even as we speak. The conference agreement supports ernment. Last year, less than 40 per- The bill before us supports these ef- security for all modes of transpor- cent of these grant funds went out by forts and more. It provides the funds tation, including $6.3 billion for the threat. This year 78 percent of the the Department needs to prevent, pre- Transportation Security Administra- funding will go out by this threat pare and respond to disasters, both nat- tion and the Federal Air Marshals and measurement. I wonder how the DHS ural and man-made. It provides a bal- $150 million in rail security grants. risk model and threat model will assess ance among Homeland Security pro- There is $85 million for air cargo se- and treat Michigan, a border State, as grams and ensures the Department has curity, which will support the hiring of compared to North Carolina, a hurri- the resources it needs to carry out its 100 new air cargo inspectors, the devel- cane-prone State. missions. This bill maintains a steady opment of new cargo screening tech- Only two of the Department’s 15 course towards keeping our commu- nology and the expansion of canine en- threat scenarios are based on natural nities safe and making our Nation forcement teams. The bill also con- disasters. As a result, I worry that our more secure. tinues to provide strong oversight of Nation may be less prepared for the In total, the 2006 conference agree- TSA’s progress towards inspecting all disasters that we know will occur. My ment provides $30.8 billion, $1.4 billion cargo that is transported on passenger observation of the Department over the above the current year and $1.3 billion aircraft. last several years leave me with little

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22404 CONGRESSIONAL RECORD—HOUSE October 6, 2005 confidence that they are going to make this country that is so important not agency has had, and that reorganiza- fair judgments or correct judgments in only in terms of our natural resources tion goes in the wrong direction. making their allocation. but to our economy as well. My third objection is that FEMA is I am disappointed that this agree- I very much appreciate the work par- not reformed, but it is in fact further ment does not do more to strengthen ticularly that was done by the gentle- deformed by this proposal. We all un- chemical plant security. In the con- men in overseeing that work which is derstand that the response of the ference, I offered an amendment, a sim- the responsibility of the Coast Guard, Homeland Security agency to the dis- ple amendment, to give the Homeland for, indeed, they have gotten their at- aster of Katrina was, well, for want of Security Secretary the authority he tention. It is very apparent they are a better word, disastrous; and yet noth- needs to issue requirements for secu- not just responding to the committee ing is done in this legislation to pro- rity standards and plans for facilities but in this very horrid crises did a vide for a return to independent status he determines to present the greatest great bit of response on behalf of Amer- for FEMA. It remains buried in the security risk. We should demand the ica. bowels of a dysfunctional bureau- Department get serious about hard- So I congratulate both of them for cratically layered agency; and, in fact, ening these chemical facilities. How- their work. I appreciate very much the this bill moves us further in the wrong ever, my amendment failed on a party- job they have done. direction. The fire academy and other line vote. b 1945 training programs are specifically I also have reservations about Sec- taken away from FEMA. retary Chertoff’s reorganization pro- Mr. SABO. Mr. Speaker, I yield 5 So there are two ways, I suppose, posal, which is rubber stamped by this minutes to the distinguished gen- that Members can deal with this bill. conference report. This reorganization tleman from Wisconsin (Mr. OBEY), the We can squawk about it, if we do not plan was submitted to Congress barely ranking member of the Committee on like parts of it, and hold our noses and 3 months ago, and we have not taken Appropriations. vote for it because it does have some the time to evaluate it carefully. This Mr. OBEY. Mr. Speaker, first let me substantial improvements, and I con- reorganization was developed before say that there are a number of useful gratulate the gentleman from Min- the Department’s poor Hurricane things in this conference report. For 3 nesota and the gentleman from Ken- Katrina performance. It further weak- years, many of us have been trying to tucky for those. ens FEMA by severing its relationship strengthen support for border enforce- But the fact is that there is another to preparedness programs. I strongly ment and control, and this bill is $675 choice if we believe that this bill still believe that this is a mistake. million above the President’s request. is not sufficient to meet the national So, Mr. Speaker, as in so many bills, That is good. It also provides some ad- interests, and that is to vote against there are good things and bad things in ditional funding to beef up transit se- the bill as a protest; and that is what this conference report. Members must curity and port security, and that is I feel compelled to do tonight. make their own judgment. On balance, good. It provides $655 million for fire Mr. ROGERS of Kentucky. Mr. I will vote ‘‘yes.’’ grants, 30 percent more than the Bush Speaker, I yield 2 minutes to the gen- Mr. Speaker, I reserve the balance of request, and that is good. It provides tleman from Iowa (Mr. LATHAM), one of my time. $30 million for three pilot projects to the hard-working members of our sub- Mr. ROGERS of Kentucky. Mr. increase the screening of cargo, which committee whose work helped make Speaker, I yield such time as he may is a major terrorism vulnerability that this bill happen. consume to the gentleman from Cali- remains unaddressed by the Bush ad- Mr. LATHAM. Mr. Speaker, I thank fornia (Mr. LEWIS), chairman of the ministration recommendations. This the chairman for yielding me time. Committee on Appropriations, who has bill, therefore, helps to take care of a Mr. Speaker, I rise in support of this been enormously helpful in this bill all rather important problem. conference agreement and urge my col- the way through. But, in my view, there are three big leagues to all do the same. I want to Mr. LEWIS of California. Mr. Speak- problems that remain which will recommend the gentleman from Ken- er, I want to express my deep apprecia- quire me to vote ‘‘no.’’ First of all, be- tucky (Mr. ROGERS), the gentleman tion to both my chairman from Ken- cause of the need to add $675 million from Minnesota (Mr. SABO), and the tucky and the gentleman from Min- more for border programs, the con- great subcommittee staff for their hard nesota for the work they have done on ferees cut funding for other programs work in putting this bill together. this conference report. substantially below the President’s The process of structuring an appro- At the beginning, as we brought own request. Example: Pre-disaster priations bill addressing the oper- Homeland Security together, we mitigation programs, $100 million ational needs of 22 agencies under the brought some 22 different agencies to- below the Bush request, $50 million Homeland Security Department has, gether under one maze. A very difficult below last year. Grants to States and once again, been very difficult, dif- process. Much of the original bureauc- localities to help them prepare for ter- ficult in part because we are funding a racies remaining in place and yet rorism and other events are cut by over mission that has many dimensions and struggling to figure out how and where $800 million, or 20 percent from last for which there are few absolutes. and why they effectively work within year; and this occurs on the very day As I participated in this process, I the Federal Government. The chairman when we have been briefed by the ad- have come to the conclusion that our and ranking member have worked very ministration warning us about the approach to funding homeland security hard to provide the kind of oversight total incapacity of State and local gov- has been measured and judicious. We that is necessary to lead them down ernments to respond to local problems, have had to make difficult choices. this pathway, dealing with very tough such as a pandemic. Aviation security Most importantly, we continue to ben- issues that relate to America’s na- screening is cut by $83 million from the efit from the ideas and knowledge of tional security. Bush request under this bill. State and local officials from our dis- Having said that, I want to congratu- My second problem with the bill is tricts all around the country. That col- late the gentlemen for their work and that it approves a thoughtless reorga- lective wisdom serves us well. at the same time suggest rather di- nization proposal made by Secretary Because of this cooperation, we are rectly that none of us can do anything Chertoff. Just 2 weeks ago, members of beginning to see some of the improve- with that which an act of nature brings the majority party told us it was pre- ment in the funding processes for first upon us. Katrina and Rita were natural mature to return FEMA to its pre- responders. In Iowa, we are working to disasters. We have not experienced viously independent status; and yet protect the agriculture community such in my lifetime in public affairs. this legislation embraces a reorganiza- through planning and training, and in But, indeed, Americans are attempting tion plan proposed by Secretary fact thousands of people have been as best they can to help the region of Chertoff, the sixth reorganization this trained in our community colleges

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22405 through federally funded assistance. but failed to take action to notify TSA, Mr. Speaker, I rise in support of this, Iowa and other Midwestern States are or if an airport employee were part of because I view the world from the doing what is necessary to protect our a scheme to commit a terrorist act, State of Texas. I look at the largest communities from man-made and nat- then my interpretation of the language single foreign border in the United ural disasters. in this conference report is that the States in Texas. I look at a port that Of course, obstacles remain for our airport, nonetheless, would be liable. the Coast Guard told me carries the security systems. We have demanded Since the terrorist attacks on September 11, largest amount of dangerous cargo in much from our States, and the Federal 2001, the Federal Government has spent bil- the United States, and possibly the Government must remain a working lions on aviation security, and little on transit largest amount of dangerous cargo on partner by providing appropriate fund- and rail security, even though five times as Earth, the port of Houston. ing. We must continue to work closely many people take trains as planes every day. I look at the big spaces we have to with local and State officials because Over 9.6 billion transit trips are taken annu- cover as we try to secure just the State they are the people we will look to ally on all modes of transit service, with peo- of Texas. I look at the 68,000 other- when disaster occurs. ple using public transportation vehicles over than-Mexican immigrants that we have I am especially pleased in this bill 32 million times each weekday. actually caught in the last 8 months that we have increased the number of Since September 11th, the transit industry crossing the Texas border. These are border patrol agents by 2,000 and pro- has invested more than $2 billion of its own people from places other than Mexico: funds for enhanced security measures. Rail- vide more beds to house the people who Central and South America, Eastern roads have also strengthened security. Amtrak are coming across the border illegally Europe, Russia, the Middle East, Syr- has added police and dog units and removed until we can send them back to their ians, Iranians, Iraqis, Chinese and Far large fixtures from their platforms, but the rail- country. Easterners, crossing our border across Again, I commend the chairman and roads and the transit industry can’t do it alone. Even with the investments made by transit the Rio Grande River. the ranking member and urge all Mem- I view that world, and it is a world bers to support this bill. agencies, the documented transit security needs total more than $6 billion, far more than that requires a secure homeland. Mr. SABO. Mr. Chairman, I yield 2 Mr. Speaker, there has been a lot of minutes to the gentleman from Min- the $150 million provided in the conference report for rail and transit security grants (the hard work done on this bill, and I think nesota (Mr. OBERSTAR), the ranking this bill goes a long way to start secur- member of the Committee on Trans- same amount provided in FY2005). Amtrak alone has requested $100 million in ing the Texas border and the rest of the portation and Infrastructure. border between the United States and Mr. OBERSTAR. Mr. Speaker, I security upgrades and nearly $600 million for fire and life-safety improvements to tunnels on Mexico and the United States and Can- thank the ranking member, my good ada. We are adding 1,000 border patrol friend and leader from Minnesota for the Northeast Corridor in New York, Maryland, and Washington, D.C. agents by this bill; we are putting on many years. investigators; we are beefing up ICE. Mr. Speaker, I am disappointed that Transit agencies have requested $2 billion We are doing everything we can to say the conferees included a provision that from Congress, yet the conference report pro- to the world, We are not anti-immi- would protect from liability airports vides only $10 million for intercity bus security grant; we are anti-people who break that choose to opt out of the Federal grants. Securing our Nation’s transit and rail facili- the law to enter our country or who are screening program, as well as protec- ties is a formidable task, but Congress must coming in illegally. tion from negligent acts committed by get it done. Mr. Speaker, this bill will help, so I private security screeners. The London bombings and the terrorist train stand in support of this bill, because it The Aviation and Transportation Se- bombing in Madrid, Spain in 2004, which killed curity Act, which was the fundamental does the right thing for America. 191 people and wounded more than 1,800 Mr. SABO. Mr. Speaker, I yield 3 law, allows airports to opt out of the others, show that there is a clear need—more Federal program and replace Federal minutes to the distinguished gen- than ever before—to strengthen transit and rail tleman from Mississippi (Mr. THOMP- employee screeners with screeners em- security. ployed by a private company under SON), the ranking member of the Com- The London and Madrid bombings were just mittee on Homeland Security. contract with TSA; but the language of the latest in a series of attacks on trains that provision was written very care- Mr. THOMPSON of Mississippi. Mr. worldwide. Between 1998 and 2003, there Speaker, I thank the ranking member fully to ensure that we would have one were 181 attacks worldwide on trains and rail- level of security for all airports. for yielding me time and for allowing related targets such as depots, ticket stations, me the opportunity to speak. A small number of airport operators and rail bridges, resulting in an estimated 431 Mr. Speaker, I rise in reluctant sup- believe that they will have greater con- deaths and several thousand injuries. port for the conference report on H.R. trol over security if they opt out of the It is clear that Federal leadership and Fed- 2360. It has some good provisions. For Federal program, but the Aviation Se- eral resources are required to address the example, I am pleased that the con- curity Law requires that private needs of a reliable, safe, secure, mass transit ference report funds transit and rail se- screening companies contract directly network, just as has been used in establishing curity grants at $150 million. However, with TSA and be supervised by TSA to a secure Federal aviation network. But despite I am concerned that less than 1 percent ensure that our Nation’s security re- recent attacks, Congress is again short- of the TSA’s budget is dedicated to ad- mains one level and a Federal Govern- changing our transit and rail industries. ment function. The liability provisions One hundred and fifty million dollars for dressing the vulnerabilities in surface of this conference report should not be such a vast network isn’t enough. It’s not transportation. At this rate, maybe we interpreted to change the reality that enough to protect passengers. It’s not enough should stop calling it the Transpor- the Federal Government has direct re- to secure our most vulnerable infrastructure. tation Security Administration and sponsibility for airport security. The American people deserve better. call it an ‘‘aviation security adminis- Furthermore, in my reading of the Mr. ROGERS of Kentucky. Mr. tration.’’ language, this provision does not re- Speaker, I yield 2 minutes to the gen- I am also troubled that the con- lieve an airport operator of liability in tleman from Texas (Mr. CARTER), an- ference report gives blanket airport li- a case involving a breach of security other hard-working member of our sub- ability protection to airports that opt for any act or failure to act by the air- committee whom I rely upon very out of the Federal screeners program. port operator or its employees which much. One of the first things that Congress constitutes negligence, gross neg- Mr. CARTER. Mr. Speaker, I thank did after the 9/11 attacks to signal to ligence, or intentional wrongdoing. In the gentleman from Kentucky (Mr. the American people that it was safe to a situation where the airport or airport ROGERS) and the gentleman from Min- fly again was to federalize security. employees knew that a screening com- nesota (Mr. SABO) for their hard work I am pleased that the conferees pany was not doing an adequate job, on this conference report. adopted many of the changes which the

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22406 CONGRESSIONAL RECORD—HOUSE October 6, 2005 Democrats on the Committee on Home- grants running around unfettered, we Mr. SABO. Mr. Speaker, will the gen- land Security advocated during the De- also have them committing serious tlewoman yield? partment’s authorization process. I crimes. Ms. WASSERMAN SCHULTZ. I yield commend the conferees for creating Daniel Rodriguez Mendoza, a 21-year- to the gentleman from Minnesota. the Chief Medical Officer and the Chief old illegal alien from Mexico, was re- Mr. SABO. Mr. Speaker, the Stafford Intelligence Officer. We have been call- cently responsible for killing the moth- Disaster Relief and Emergency Assist- ing for such changes to give the De- er of two children in a traffic accident ance Act suggests that a number of fac- partment focus on bio-preparedness in West Palm Beach, Florida. He did tors are considered to measure the se- and intelligence. not have a driver’s license. He had no verity, magnitude and impact of a dis- We have also been advocating a quad- papers, and four times he had been pre- aster and authorizes FEMA to provide rennial Department of Homeland Secu- viously ticketed for driving without a individual assistance. I would be happy rity review and long-term policy plan- license. Each time, he was let back to work with the gentlewoman from ning at the highest levels of the De- into the community, even after immi- Florida to get this corrected within partment. I am pleased that this legis- gration officials were notified of him, current FEMA statutory authorities lation would also require the Depart- but failed to do anything. and provide equitable assistance to all ment to do so. Then there is the 20-year-old young victims of Hurricane Katrina. At the same time, I am concerned man in my district who was hit by a Ms. WASSERMAN SCHULTZ. Mr. that the conferees adopted many of the truck while riding his motorcycle in a Speaker, I thank the gentleman for his organizational changes that Secretary small town on Father’s Day. He is now leadership, commitment, and support. Chertoff proposed in July, as if Hurri- hospitalized, paralyzed from the chest Mr. FOLEY. Mr. Speaker, will the cane Katrina never happened. The es- down. The illegal alien who paralyzed gentlewoman yield? tablishment of a preparedness direc- him was caught, charged with the acci- Ms. WASSERMAN SCHULTZ. I yield torate will not make us any more pre- dent and then, regrettably, released, to the gentleman from Florida. pared if we do not have competent peo- and now he has disappeared and has not Mr. FOLEY. Mr. Speaker, I want to ple in place. shown up for his trial. support the gentlewoman’s efforts and In response, Mr. Speaker, 13 members Mr. Speaker, we are debating today those of the gentleman from Florida of the Committee on Homeland Secu- money for the Federal department now (Mr. MARIO DIAZ-BALART). We all in rity introduced legislation today to responsible not only for protecting us south Florida are working. I thank the create a coherent organizational pic- from terrorism but also from illegal gentlewoman for highlighting this. ture for the Department. The Depart- immigration and for helping in disas- Katrina did start in Florida. People ment of Homeland Security Reform ters. We need to make sure this money have been impacted. They have been Act of 2005 would authorize many of works. hurt, and they deserve the same con- the new offices the administration We should not have to be dealing with inept sideration as our colleagues and neigh- plans to create and this conference re- disaster programs and dysfunctional immigra- bors in Louisiana, Alabama and Mis- port funds. The logical step for Con- tion enforcement. And I think most of my col- sissippi. gress is to consider this bill as it pro- leagues here would agree. Ms. WASSERMAN SCHULTZ. Mr. vides direction for some of the new po- Mr. SABO. Mr. Speaker, I yield such Speaker, I thank the gentleman from sitions the administration planned to time as she may consume to the gen- Florida and the gentleman from Min- create on its own. tlewoman from Florida (Ms. nesota, and I look forward to working Much more needs to be done to make WASSERMAN SCHULTZ). with them to correct this inequity. DHS the Federal agency that America Ms. WASSERMAN SCHULTZ. Mr. Mr. SABO. Mr. Speaker, I yield 3 deserves. I strongly urge my colleagues Speaker, I rise today to engage the minutes to the distinguished gen- in the House to support the Homeland gentleman from Minnesota in a col- tleman from Massachusetts (Mr. MAR- Security Reform Act, legislation that loquy and seek support to include lan- KEY). builds upon the conference report. guage in a future supplemental bill to Mr. MARKEY. Mr. Speaker, I thank Mr. ROGERS of Kentucky. Mr. provide individual assistance to resi- the gentleman very much for yielding Speaker, I yield 2 minutes to the gen- dents in Broward and Miami-Dade me this time. tleman from Florida (Mr. FOLEY). Counties, Florida, who suffered damage It is not so much what is in this bill; Mr. FOLEY. Mr. Speaker, I thank the because of Hurricane Katrina. it is what is not in this bill. What we chairman for yielding me this time and Hurricane Katrina struck Broward have here is a bill which does not, in for his hard work in this Herculean and Miami-Dade counties as a Category fact, deal with all of the threats which task of trying to make this agency bet- One storm on August 25. The Federal are posed by al Qaeda. ter. Emergency Management Agency’s ini- Right now, across our country, it is Thankfully, homeland security has tial assessment revealed that over 170 harder to get into some night clubs in worked. Our Nation is safer. My gripe, homes were destroyed or severely dam- New York City than it is to get into though, is FEMA. Four storms hit aged in Broward and Miami-Dade coun- chemical facilities across our country. Florida, and FEMA was ill equipped. In ties because of Katrina’s fury. Fol- There are 23 States that have over 100 my opinion, it is ill equipped because it lowing the initial assessment, local and facilities that could cause injuries or resides in an agency that should be fo- State authorities documented that deaths to 1 million people. This bill cused solely on terrorism and home- there were at least 219 homes in still does not mandate armed guards at land security. Broward and 189 homes in Miami-Dade chemical facilities. severely damaged or destroyed. The nuclear power industry still does b 2000 FEMA denied assistance to individ- not have a permanent upgrade of the FEMA should be able to respond to uals in Broward and Miami-Dade Coun- protections which are needed against the needs of a natural disaster that we ties on August 31, 2005. On September 6, an al Qaeda attack, even though we have experienced. 2005, Florida appealed FEMA’s decision know that al Qaeda has nuclear power Immigration has been mentioned re- and provided specific information to plants at the top of their terrorist tar- peatedly. Immigration is out of con- support its original request, including get list. trol. We recently read in the paper that the disproportionate number of low-in- Public transit. While $18 billion has employees of the U.S. Citizenship and come residents impacted and the fact been spent on airlines, only a small Immigration Service are facing mis- that the State does not have disaster fraction of that has been spent on mass conduct charges ranging from bribery relief funds. This appeal was also de- transit to protect against al Qaeda at- to exchanging green cards for immigra- nied, leaving hundreds of south Florid- tacks, even though we have been tion in return for sexual favors. It is ians with little hope of Federal indi- warned in Madrid, warned in London, not enough that we have illegal immi- vidual assistance. and even today, New York is in fear

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22407 that there could be an attack on that Leaks of toxic chemicals can be dev- to similar strikes against our transit systems city. astating. In India in 1984, a leak at a chemical here in the United States. Despite these wake- LNG: What the Republicans have plant in Bhopal killed at least 4,000 people up calls, this conference report provides only done this year is they have told mayors and injured hundreds of thousands more. slightly more funding than what is being pro- they have no say over where LNG fa- Transportation of extremely hazardous ma- vided today. Ranking Members OBEY and cilities would go. Governors have no terials: Shipments of extremely hazardous ma- SABO offered amendments during the con- say. And the Coast Guard has no say. terials such as chlorine routinely travel through ference to increase funding for public transit Only the Federal Energy Regulatory densely populated areas of our country. These security, but these amendments were de- Commission, dealing with the wish shipments are mobile chemical weapons that feated by the unanimous opposition from Re- lists of the oil and gas industry, can de- often share the same track as urban pas- publicans on the conference committee. cide where they go, but in the City of senger rail systems and could kill or injure The American Public Transportation Asso- Boston and in dozens of cities across 100,000 people within half an hour. ciation has identified $6 billion in transit secu- our country, they are going to have a In a report released by the Teamsters Rail rity needs for U.S. public transportation sys- homeland security nightmare trying to Conference last week that surveyed rail em- tems, approximately the same amount of protect if al Qaeda attacked an LNG fa- ployees, 63 percent of those surveyed indi- money we’re spending each month in Iraq. cility. cated that their train or equipment was de- Since September 11, the Federal Government When it comes to hazardous material layed or left unattended for an extended pe- has spent $18 billion on passenger air secu- shipments, this majority Republican riod of time that day, and of those, 55 percent rity, but only $250 million on transit security. Party still refuses to have a mandate indicated that there were hazardous materials Yet, Americans take public transportation 32 that there is a rerouting of those dan- aboard that train. million times a day—16 times more than they gerous chemicals, the chlorines and the LNG Security: One of Millennium Bomb plot- fly. others that, if they were attacked, ters planning to attack Los Angeles Inter- Biological Weapons: Four years after the would cause catastrophic injuries in national Airport was smuggled into the country unsolved anthrax attacks on the Capitol that our country. on an LNG tanker docking in Everett, MA in killed innocent workers, DHS has only com- And in aviation, still only a small my Congressional District. Terrorists may tar- pleted material threat assessments on four of fraction of all of the cargo that goes on get LNG tankers and terminals, resulting in the biological, chemical and radiological passenger planes in our country is in- catastrophic consequences for surrounding agents that it is required to assess under spected. So the people in our country communities. In 1979, my bill to require such Project Bioshield. I asked Secretary Chertoff if must take off their shoes, put their remote siting was signed into law. But the he would commit to completing the rest of computer through, their bags go Bush Administration is trying to undermine it, these threat assessments within 60 days. He through, all of it is screened, and they opening up the possibility an LNG plant would are sitting in the passenger section of said ‘‘no.’’ be placed, like a sitting duck, in the middle of Today’s conference report does not ade- the plane, and then underneath their an urban area, where an attack or accident quately address these issues. This bill does feet will come all of this cargo that has would cause incredible devastation. Energy not been screened. not: This bill has only a very slight in- Bill signed into law in August 2005 froze out Require chemical plants to be protected by crease in its budget, but the budget local officials from site decision-making proc- armed guards trained to prevent attacks by itself does not determine whether or ess, so now convenience for energy compa- sophisticated, suicidal terrorists or require not we have good homeland security. nies, rather than security safeguards for sur- chemical companies to substitute safer tech- This Republican majority still refuses rounding community, will determine where fa- nologies and chemicals in their processes to tell the chemical, the nuclear, the cilities are built. Last month, I offered an whenever possible, so if terrorists penetrate a LNG, the hazardous material industry, amendment to the Coast Guard reauthoriza- plant, damage they could cause would be dra- the aviation industry that there is a tion bill to require the involvement of the Coast matically reduced. regulatory black hole through which al Guard, which is part of the Homeland Security Require re-routing of extremely hazardous Qaeda can come to attack the very list Department, in siting decisions. My amend- materials whenever possible to reduce the of targets that they put at the top of ment was defeated on the House Floor. threat of an attack on a chemical shipment in their terrorist target list. Not enough Republicans claim to support local control a densely populated area. money and no mandates on the indus- and the right of states to fend off federal en- Mandate that LNG facilities should be built try. croachments. But when it comes to LNG in remote locations far away from population Mr. Speaker, catastrophe is bred by siting, Republicans cut out mayors and gov- centers or ensure that security officials, includ- complacency, and that is what this bill ernors and state homeland security officials ing State and local government representa- is. from carrying out one of their most important tives are involved in siting process. Mr. Speaker, the conference report we are responsibilities—protecting the public. Require that all the commercial cargo car- considering today on the House Floor fails to Aviation: Approximately 22 percent of all ried on passenger planes be inspected for close dangerous homeland security loopholes cargo transported by air in the United States bombs, just as all passengers and their lug- that continue to put Americans at risk more is carried on passenger planes. This cargo gage are. than 4 years after the 9/11 attacks. consumes about half of the space in the cargo Direct the Department of Homeland Security Despite the urgent need to increase protec- bay on a typical flight, and almost none of it to complete all of the 60 material threat as- tions against terrorists determined to strike our is ever inspected! In the past, this cargo loop- sessments and purchase all of the vaccine country, serious vulnerabilities persist in a hole has been exploited with deadly results, doses required under Project Bioshield. range of major areas: such as when Pan Am Flight 103 was blown Republicans continue to nickel and dime Chemical plant security: More than 100 fa- up over Lockerbie, Scotland by a bomb hidden homeland security while writing a blank check cilities in 23 States could threaten 1 million or in unscreened baggage. I asked Secretary for the war in Iraq. Specifically, the discre- more people if terrorists attacked the facility. Chertoff if he would support a requirement that tionary funding provided in this bill is $1.3 bil- There are no federal security requirements for 100 percent of the cargo carried on passenger lion, only 4.5 percent more than last year, chemical plants—the industry secures itself if planes be inspected, just as all checked bags, which is just slightly more than the rate of in- it decides, on its own, to do so. ‘‘60 Minutes’’ carry-on bags and passengers are currently flation. When Ranking Members OBEY and did a segment where they literally walked right inspected before boarding? He said ‘‘No.’’ SABO attempted to add $1.7 billion for FEMA through an open front gate into a chemical Why should the booties of babies be scruti- disaster mitigation programs, emergency man- plant outside downtown Pittsburgh. At one fa- nized for bombs, but no one checks the cargo agement grants, chemical, transit and port se- cility, the reporter climbed up onto a tank con- bound for the belly of a Boeing? The Bush ad- curity, and other critical security programs taining toxic material and shouted ‘‘hello, I’m ministration says we should trust the shipper. such as aviation security and Coast Guard op- on your tank.’’ There were no guards and no But we must apply the Reagan Doctrine to erations, they were defeated by Republicans one tried to stop him. There are nightclubs in cargo security—Trust, but verify. on a party-line vote. New York City that are harder to get into than Public transit: The attacks in London and Hurricane Katrina and Hurricane Rita some of our chemical plants. Madrid clearly demonstrated our vulnerability washed away the illusion that the Federal

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00054 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22408 CONGRESSIONAL RECORD—HOUSE October 6, 2005 Government is better prepared to respond to needed were not there. Ice and water funding is distributed based on risk and sit a natural disaster or terrorist attack than it was was not there. The National Guard did here slapping each other on the back. on 9/11. Not only are we not prepared for a not have orders, and no one knew who What are we commending ourselves about? natural or man-made disaster, we are not tak- was in charge. So, frankly, I believe Is it the $550 million dollar cut to State ing the preventive measures to reduce the risk there is much work to be done. Homeland Security Grants? of these devastating events. This conference In the backdrop of the potential epi- Is it the $120 million dollar cut to the high report does not provide for qualified, experi- demic of bird flu, I believe there needs threat cities? enced leadership at FEMA, nor does it return to be more resources and efforts than a Is it the fact that we did nothing to require FEMA to the staffing levels of the 1990s. chief medical officer. We need to boost funding to be distributed based on risk? Mr. Speaker, I cannot support this con- up under Homeland Security the public Is it the overall cut for first responders of ference report, which fails to address pressing, health system. The sense of Congress $645 million? well-known homeland security weaknesses. I that Immigration and Customs and Is it the further weakening of FEMA or the urge a ‘‘no’’ vote. border protection should be merged, I cutting of their budget? Mr. SABO. Mr. Speaker, I yield 3 do not know if that is a well-thought- Is it the $50 million cut to pre-disaster miti- minutes to the gentlewoman from out plan. In fact, we need to inves- gation loans that could save communities from Texas (Ms. JACKSON-LEE). tigate some of the failings of these en- future disasters? Ms. JACKSON-LEE of Texas. Mr. tities before we begin to merge one en- Is it that we are paving the way to return pri- Speaker, let me first of all acknowl- tity into another. vate screeners at airports and picking up the edge the very hard work of the Chair- I am grateful that we have provided tab for their liability insurance? man and the Ranking Member of the dollars for transportation security, but Or is it the fact that we are funding 1,000 Subcommittee on Homeland Security, it is not enough. Whistleblower protec- fewer border patrol agents, 450 fewer immi- and I recognize that this is a difficult tion is good, but there is not enough gration investigators and 6,200 fewer deten- challenge. funding, if you will, to establish an tion beds than we called for when we passed As a member of the Select Com- independent, strong FEMA. That is the Intelligence Reform Bill last year? mittee on Homeland Security and now what we need to be focusing on, and This bill does not reflect our homeland secu- the authorizing committee for two the reorganization plan should not be rity needs. terms, I believe that those of us who accepted in the backdrop and the fail- It is good that we, once again, give the De- have studied the details of the struc- ures of Hurricane Katrina. partment of Homeland Security complete con- ture of homeland security can speak Mr. SABO. Mr. Speaker, I yield for trol over how more than 60 percent state with a degree of information, if you the purpose of making a unanimous homeland funding will be distributed. will, of both the assets of this appro- consent request to the gentlewoman Will this actually be the year they use their priation but also some elements that from New York (Mrs. MALONEY). authority to distribute it based on risk? are obviously missing. (Mrs. MALONEY asked and was given Why do we refuse to listen to the 9/11 Com- Spending a lot of time walking permission to revise and extend her re- mission and mandate it is distributed based on through the cots and amongst those marks.) risk? who were survivors of Hurricane Mrs. MALONEY. Mr. Speaker, I What ever happened to the Cox Bill that Katrina, having now in our community thank the gentleman for yielding me passed this house 409–10 and would dis- almost 125,000, I know the fear and the this time and for his critical leadership tribute funding based on risk? devastation of the lack of preparedness on this issue. Where is the threat reduction that go with of this government. So it is to my dis- As one who represents New York these cuts? may that the acceptance of Secretary City, the site of the 9/11 attack, noth- We are told to remain vigilant. Chertoff’s reorganization plan was not ing is more important to New York The President went on national TV this put on hold so that we could truly find and, I would say, our country than morning reminding us just how long it will be out what were the funding needs. homeland security. Just this evening to defeat terrorism and protect our Nation. I join my colleagues in wanting more the mayor has been working with the Back home in New York City we are still in dollars for rail security. I have joined FBI and the appropriate agencies with a code orange. This is not code orange fund- my colleagues in offering new legisla- another serious terrorist threat ing. This is code green funding. tion today that was articulated by the against New York City’s mass transit We need to get our priorities straight. gentleman from Mississippi (Mr. system. This is critical. I am deeply We need to make sure we give our first re- THOMPSON). I join my colleagues in the concerned about funding formulas, the sponders the funding they need. We need to concerns of the limited regulation of lack of attention for the cargo, for the make sure homeland funding is distributed chemical plants. But, most of all, I mass transit and many other areas. based on risk. speak to issues that I think would save Mr. SABO. Mr. Speaker, I yield back We need to do better than this. additional lives. the balance of my time. Mr. HOLT. Mr. Speaker, today the House is There are 1,100 persons dead and still Mr. ROGERS of Kentucky. Mr. considering the conference agreement on H.R. counting in the Hurricane Katrina Speaker, before I yield back, I think it 2360, the Homeland Security Appropriations backdrop of Mississippi, Alabama and is important that the gentleman from Bill for FY 2006. I am pleased by some of the in New Orleans. We have yet to mourn Minnesota and I express our thanks to provisions in this conference report, but I am those who have lost their lives. But staff. They make us look good, because also troubled by a number of other provisions. certainly the director for preparedness they are the ones who produce these We had several days to prepare before Hur- and response is not the answer. FEMA products, the staff that is seated here ricane Katrina ravaged the gulf coast—much needs to be independent, self-sufficient, with me and the staff on the minority longer than we will have before a potential ter- well-funded and a separate component side. These people have done yeoman’s rorist attack. But the administration’s incom- to Homeland Security, even to the ex- work day and night for the last year on petence meant that extra time was almost tent of being its own cabinet. this bill. I want to thank them for all wasted and lives were lost. In April, we had a I realize that Michael Brown has of the great work that they have done. successful terrorism response exercise in New been singled out, and I am delighted Mr. SABO. Mr. Speaker, will the gen- Jersey called TOPOFF 3, bringing together that Director Paulson is the Acting Di- tleman yield? Federal, State and local authorities to respond rector, but I can assure my colleagues, Mr. ROGERS of Kentucky. I yield to to simulated terrorist attacks. What we need having been to Beaumont and Port Ar- the gentleman from Minnesota. are more exercises like these, not fewer; more thur after Hurricane Katrina, we did Mr. SABO. Mr. Speaker, I rise in and better planning, not less. But this con- not have our act together then. We did total agreement. ference report cuts pre-disaster mitigation by not have our time and our organization Mrs. MALONEY. Mr. Speaker, it is unbeliev- $50 million over last year and by $100 million together, even then. FEMA was not able to me that we can slash funding for first from even the administration’s request. If we there timely. Generators that were responders, do nothing about making sure had spent money ahead of time—if we had

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00055 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22409 pre-positioned assets in the gulf coast region arrive at disasters, be they natural or man- First, let me start with the obvious; the before Katrina struck—we could have saved made. I am glad that the conference report amount spent to protect our homeland is too lives and billions of dollars. As our Nation provides much needed funds for fire grants. little in too many areas. faces a variety of threats, both manmade and New Jersey is home to what terrorism ex- There are few Americans that would sug- natural, we need to think seriously about these perts call the ‘‘most dangerous two miles’’ in gest the threats of terrorism or natural disas- cuts. America—the chemical plants, highways, and ters have diminished over the past year, yet After watching the Federal Emergency Man- railroads that lie between Newark Liberty Inter- this agreement cuts funding for several of our agement Agency seriously mishandle their re- national Airport and the Port of Elizabeth. And most vulnerable weaknesses. Reductions in- sponse to Hurricane Katrina there is a clear in a 14-mile radius around the site, there are clude: need to restructure the Agency. However, we 12 million people living and working. The State and local domestic preparedness will not be doing that today. This legislation House earlier this year voted to increase fund- grants are cut by $585 million (19 percent) does nothing to reform FEMA—it doesn’t im- ing to help secure these sites. But the con- below FY 2005; prove the leadership, it doesn’t return staffing ference report does not include this des- Firefighter Assistance Grants cut by $60 mil- levels to the highs of the 1990s, it doesn’t perately needed funding increase. Rather, it lion (8 percent) below FY 2005; even require that FEMA report directly to the contains only $95 million for the necessary Pre-disaster mitigation, perhaps our best president. FEMA is the Federal Government’s chemical countermeasures that would help se- weapon of preemption, is cut by $50 million first line of defense and response to disasters, cure industrial materials, and provide safety below last year; and and it needs to be reformed. And this bill and peace of mind to millions of New Aviation security is reduced by $83 million doesn’t provide the money either. This con- Jerseyans. below the President’s request, resulting in ference report even cuts funding for FEMA by Mr. Speaker, this bill leaves too much un- 2,000 fewer screeners. 12 percent from last year’s funding level. done. Cutting funding for local preparedness These cuts irresponsibly penetrate the core It also slashes funding for state and local and first responders is more than enough jus- of our Nation’s ability to prepare and respond preparedness grants by $585 million below FY tification for New Jerseyans to oppose this bill. to national emergencies. Second, I am concerned about what Con- 2005 levels. We know that New Jersey is a We can do better in planning for disasters, re- target for terrorists. In a bioterrorism attack gress isn’t focused on. forming FEMA, and assisting state and local On an average weekday, 32 million people just after September 11, 2001, postal workers governments. And though the conference remake trips on public transportation, but fund- in Hamilton were sickened with anthrax. Last port does more for transit and air cargo ing for transit security makes up less than year, the Prudential Plaza building in Newark screening, these efforts are just down-pay- one-half of one percent of the DHS’s budget. was named as a target after an Al Qaeda ments on what will be a long-term project. The conference agreement includes $4.6 laptop computer containing information on the Mr. SMITH of Texas. Mr. Speaker, today we billion for private aviation security, but only building was found in Pakistan. And, of are considering appropriations for The Depart- $150 million for State grants to improve mass course, four of the 9/11 hijackers passed ment of Homeland Security, which was cre- transit security. Transit industry experts esti- through Newark Liberty International Airport ated with one mission in mind—to help protect mate we need more than forty times this and 700 residents of the State were killed on the country. Unfortunately, it seems that not all amount. Put another way we spend $30 on that terrible day. Funds for State and local of the agencies within the Department take planes for every $1 on transit which carries preparedness are crucial to keep New Jersey that mission as seriously as they should. tens of millions more people. and our Nation safe. The police officers who The Bureau of Citizenship and Immigration Furthermore, only $8 million will be available notice something suspicious, the community Services, CIS, is responsible for processing for rail security and $4 million to track haz- leaders who develop evacuation plans, the petitions for immigration benefits. This in- ardous truck traffic even though tons of haz- first responders on the scene immediately cludes petitions for green cards, visa ardous material capable of becoming weapons after an attack—these people are local au- issuance, asylum status, and marriage bene- of mass destruction travel our highway and rail thorities, and we need to give them the tools fits. The adjudication process must be thor- lines every day. they need to do their jobs. ough and secure to ensure that those who While we have made obvious adjustments There have been two major terrorist attacks want to harm America are not allowed to enter in our airline security, I ask that we be as in the West since September 11, and both the country. proactive in preventing other commercial car- have been aimed at mass transit—the March Monday’s Washington Times included a dis- riers from being used as weapons against us. 11, 2004 Madrid bombings, and the July 2005 turbing article about a Congressional briefing If the concern is that there isn’t a sound London bombings. But the President did not by an internal CIS investigator that highlighted transit plan or that regional coordination is request any specific funds for mass transit. alleged corruption and dysfunctional practices proving inadequate, we should impel DHS to Fortunately, the conference agreement adds at the Agency. If true, these practices would find solutions that make transit more secure. $150 million dollars for transit security. New comprise a threat to national security. It would be a national travesty of tragic pro- Jersey Transit, the Nation’s third largest transit According to the article, the allegations in- portions if we had to wait until another attack authority, with 220 million riders a year, 40 clude CIS employees exchanging immigration similar to Madrid to occur in the United States percent inbound to New York City, runs sev- benefits for sex, being influenced by foreign in order to commit the resources necessary to eral trains and buses through my district. governments to provide benefits, and not hav- properly secure our rail and transit systems. Princeton Junction, located in my district, is ing access to the appropriate systems to do Third, we haven’t exercised sufficient over- the fourth busiest station in New Jersey Tran- background checks on those applying for ben- sight to determine whether the money we’ve sit’s system. We need more funding for mass efits. appropriated has been spent appropriately or transit, and this is a start. When an agency receives Federal funding it accomplished its intended objectives. This conference report also begins to ad- is obligated to do everything in its power to I am aware of the large unexpended bal- dress one of our greatest vulnerabilities to ter- complete its job. The Department of Homeland ance the Metropolitan Washington Region rorism, one that the Bush administration con- Security needs to better protect our country may be sitting on. tinues to ignore. It allocates $30 million for ini- from those who would do us harm. Admittedly, this unaccounted-for balance is tial programs for better screening of pas- Mr. MORAN of Virginia. Mr. Speaker, I rise troubling. But what is more disturbing is that senger stowed luggage on commercial flights. in reluctant support of this appropriations bill. we have no consistent explanations: It’s red The conference report also provides for ade- As State and local governments await crit- tape and unnecessary Federal bureaucratic quate independent oversight of Secure Flight, ical homeland security funding, I do not want procedures, or it’s the delay in reaching re- the next generation of the air passenger to stand in the way of the bill’s passage, par- gional consensus on how it should be spent, prescreening program. This will allow us to ticularly as we proceed further into the fiscal or it’s a snafu in procurement. balance security and privacy. year with so few spending bills already law. I suspect that this region’s experience is not It also provides $655 million for fire grants, I do, however, feel the need to register my unique. Remaining silent or stubbornly obliv- $155 million more than President Bush re- concerns with a number of this bill’s short- ious of these problems abdicates our respon- quested. As we all know, our local fire depart- comings and identify pressing needs that are sibility to use tax dollars wisely, and we should ments are the backbone of our first responder not being adequately addressed by today’s ac- demand accountability of our spending com- network. Fire fighters are some of the first to tions. mitments.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00056 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22410 CONGRESSIONAL RECORD—HOUSE October 6, 2005 Mr. Speaker, I worry that we may be living DHS has not yet spent funds it was allocated Democrats would meet our first responder on borrowed time. last year. Despite the fact that passenger rail needs. Yet, this conference report cuts three If there’s one thing Katrina showed us it’s in the U.S. carries about five times as many of the four first responder grant programs. that emergency response plans that are not passengers each day as do airlines, this bill Democrats would meet our needs for port rigorously tested and retested won’t work in a only includes $36 million for ground transpor- security. Yet, with this conference report, we crisis. tation security and $150 million for State have funded only 12 percent of the amount Even worse, public skepticism is growing grants to protect mass transit systems, as needed for ports to comply with the Maritime over whether the Federal Government is now compared to $4.6 billion for aviation security. Transportation Security Act. capable of responding effectively to another I’m very concerned that crucial security up- Democrats would meet our needs for rail catastrophic event. grades to our rail and public transportation and transit security. Yet, while an estimated A natural disaster is one thing, but terrorists systems—especially in light of the bombings in $6 billion is needed to improve rail and transit can strike anytime, anywhere and use our own Madrid and London—can’t move forward more security, this conference report provides only resources against us. quickly. The bill also underfunds port security $150 million for fiscal 2006. I urge my colleagues to consider fully fund- and does not include $50 million for chemical Mr. Speaker, this Republican Congress— ing the needs of securing our homeland, and plant security that was included in the House- despite its proclamations otherwise—simply is I challenge us as a body to meet the vital passed bill. not addressing our Homeland Security prior- challenge of protecting our Nation. I’m also concerned that this bill includes ities. Mr. UDALL of Colorado. Mr. Speaker, I rise DHS Secretary Chertoff’s proposal to create a I intend to support this conference report. in support of the FY 2006 Homeland Security new Preparedness Directory and take that re- But its flaws ought to give all of us pause. Appropriations conference report. This bill sponsibility away from FEMA, making FEMA a Mr. ETHERIDGE. Mr. Speaker, I rise to does not fully address our homeland security stand-alone office focused on response and comment on the fiscal year 2006 Department needs. Still, it provides vital funds to make our recovery only. Secretary Chertoff’s proposal of Homeland Security appropriations bill. I country safer, and so I will support it today. was made in July—before Hurricane Katrina supported this bill when it passed the House Total funding in the bill is increased from hit—and this bill would move it forward. This in May, and I will vote in favor of the con- this year’s levels. Specifically, the bill in- administration crippled FEMA by making it just ference report, but I want to state for the creases funding over the requested levels for one of many organizational boxes under the record the serious deficiencies in this legisla- immigration and for customs and border pro- Homeland Security Department. Splitting pre- tion. tection. The agreement also provides $1.5 bil- paredness and response and recovery tasks My home State of North Carolina has been lion, 35 percent more than current funding, for now would weaken FEMA even further, at a the victim of a number of devastating natural science and technology programs. time when we should be focusing on how to disasters including Hurricanes Floyd and Fran, I am pleased that the conferees adopted an learn from the lessons of Katrina. as well as floods, tornadoes and ice storms. In important amendment offered by Representa- Instead of making these changes in FEMA, many cases these natural disasters over- tive DAVID OBEY that requires the Department we should remove it from DHS and make it an whelmed local and state resources, and the of Homeland Security, DHS, to provide details independent agency under qualified leader- Governor asked for help from the Federal on how money appropriated for responding to ship, as would happen under the bill (H.R. Government which, in most cases, responded Hurricanes Katrina and Rita is spent. I am a 3816) I introduced last month. appropriately. cosponsor of H.R. 3737, a bill that would cre- Mr. Speaker, much remains to be done to The U.S. Congress established the Depart- ate a Special Inspector General for Hurricane improve our defenses against terrorism. I do ment of Homeland Security to address all haz- Katrina Recovery who would have oversight not believe this bill sets the right priorities or ards faced by our Nation—both natural and over all Federal Hurricane Katrina emergency provides sufficient resources, but it does fund man-made. However, since the creation of the funding. While the Obey amendment doesn’t programs that are critical to our homeland se- Department, we have seen the focus and go as far this legislation, it is a significant step curity. The conference report is an important funds shift from preparing for and responding forward. step, and I will vote for it. to all hazards to a narrow, short-sighted focus I am also pleased that the conference report Mr. HOYER. Mr. Speaker, there are many on terrorism. includes funding to help States comply with good provisions in this conference report, and Again and again the administration and Re- the REAL ID Act. Estimates are that com- I intend to support it. publican leadership have pushed through cuts I am pleased, for example, with the $110 plying with the Act will cost the States be- in pre-disaster mitigation efforts, emergency million appropriated for the SAFER Program— tween $100 million and $500 million over the management performance grants, and even and was proud to have worked with Congress- next 4 years. Since the majority saw fit to annual funding for the Federal Emergency men WELDON and SABO on an amendment to push the REAL ID provisions through Con- Management Agency. provide additional SAFER funding. gress, it is important that Congress also pro- Unfortunately, Hurricane Katrina exposed The President’s budget zeroed out this provides funding to do the job. the erosion of our Nation’s response capabili- gram of hiring grants, which help achieve ade- Still, I’m concerned about shortfalls in the ties and its horrendous results. quate staffing levels and improve the safety of bill. It cuts fire grants by $60 million (8 per- And now, Congress has the responsibility our firefighters and communities. cent) below FY 2005, even as a recent survey I also am pleased that the conference and opportunity to address some of these found that fire departments all over the coun- agreement contains $545 million for the Fire weaknesses through the appropriations proc- try aren’t prepared to respond to a haz-mat in- Grant Program—representing an increase of ess, but the Republican leadership has pro- cident and lack equipment. The bill also cuts $45 million over the President’s request. duced a piece of legislation that is almost in State and local domestic preparedness grants Nonetheless, even this funding level is $100 complete disregard of the Department’s weak- by $585 million, 19 percent, and Urban Area million below last year’s level. nesses. Security Initiative grants by $270 million, 26 The Fire Grant Program is authorized at $1 This bill cuts pre-disaster mitigation funds by percent, below FY 2005 levels. Funding for billion, and we must work to increase—not de- 67 percent; it cuts state and local domestic communications equipment for first responders crease—funding that ensures that firefighters preparedness funds by more than a half billion is cut from the levels in the bill the House have modern equipment and advanced train- dollars, and it cuts disaster relief funding by passed in May, before Katrina struck—from ing. $370 million. $27 million to $15 million. The bill does pro- However, none of us should delude our- Furthermore, this legislation strips the pre- vide additional funding for border patrol, but selves. paredness function from FEMA, further weak- the number of agents still falls 1,000 short of This Republican Congress is simply not ening this beleaguered agency. Experienced the 2,000 called for in the Intelligence Reform doing enough to address our unmet homeland emergency managers on every level will tell bill. Since September 11th, just 965 additional security needs. you, as they have told the members of the border patrol agents have been hired—less The inept Federal response to Hurricane Homeland Security Committee, that their du- than a 10 percent increase in 4 years. Katrina—almost 4 years to the day after the ties include prevention, protection, response The conference report fails to provide much terrorist attacks of 9/11—has only heightened and recovery. You cannot take away one of more than basic funding for the security of rail concern about this Nation’s ability to respond these four roles and expect the agency to and public transportation systems because to another catastrophe. function. Preparation, whether it be to prepare

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00057 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22411 updated flood maps or train personnel to re- ment, I would like to applaud their leadership go unmet despite the probability of disasters spond to a dirty bomb attack, are all vital to on this subcommittee for making sure that lurking in the not so distant future. the creation of an effective, sustainable, and many of these concerns have been ad- Mr. MARKEY. Mr. Speaker, the conference practical approach to domestic security. dressed. report we are considering today on the House Mr. Speaker, I will vote for this bill with great Ms. ROYBAL-ALLARD. Mr. Speaker, I rise Floor fails to close dangerous homeland secu- reluctance and strong reservations, but it is in reluctant support of the conference report rity loopholes that continue to put Americans my fervent hope that my colleagues in the on H.R. 2360, the Homeland Security Appro- at risk more than four years after the 9/11 at- U.S. House will join me in restoring FEMA to priations Act for Fiscal Year 2006. tacks. its former effectiveness and preparing our na- My support is based on the fact that it is the tion for all eventualities. only vehicle available at this time to fund crit- Despite the urgent need to increase protec- Mr. SERRANO. Mr. Speaker, I rise in sup- ical homeland security efforts. tions against terrorists determined to strike our port of the conference agreement on H.R. While this bill makes some progress over country, serious vulnerabilities persist in a 2360, the Department of Homeland Security last year’s funding levels, we are far from range of major areas: Appropriations Act for fiscal year 2006. This is where we need to be to adequately respond to Nuclear terrorism: Non-proliferation expert not a perfect bill; I believe that we are acqui- a terrorist attack or natural disaster. I am dis- Graham Allison has said that ‘‘more likely than escing too readily to yet another restructuring appointed and concerned that the bill before not’’ there will be an act of nuclear terrorist at- plan, allowing the Department to yet again re- us falls short of addressing the weakness and tack in our country. Al Qaeda views obtaining shuffle boxes on its organizational chart with- lessons learned from September 11, Hurricane nuclear weapons as a religious duty. There out adequately establishing in hearings that Katrina and the terrorist attacks in Madrid and are tens of thousands of nuclear weapons- the proposals will actually make this country London. worth of highly enriched uranium in the former safer. No amount of structural reform, which H.R. 2360 unfortunately is a status quo Soviet Union, but we do not have the tech- inherently muddles missions and produces homeland security appropriations bill with only nology that can reliably detect it at our ports chaos among employees, can substitute for modest improvements over the previous year’s of entry. professionalism, expertise, and strong leader- bill. ship. My first concern is that the Republican lead- Chemical plant security: More than 100 fa- I am also concerned that, given our woefully ership would not accept a Democratic motion cilities in 23 States could threaten 1 million or inadequate 302(b) allocation, we have had to to delay Homeland Security Secretary Michael more people if terrorists attacked the facility. shore up funding for the Department’s essen- Chertoffs proposal to reorganize the Home- There are no federal security requirements for tial activities at the expense of our support for land Security Department until a thorough in- chemical plants—the industry secures itself if state and local law enforcement agencies and vestigation of the Federal Emergency Man- it decides, on its own, to do so. ‘‘60 Minutes’’ first responders. State and local governments agement Agency, FEMA, could be undertaken. did a segment where they literally walked right continue to be on the front lines of any effort Such an investigation would provide us with through an open front gate into a chemical to respond to natural disasters and acts of ter- the necessary information to determine how plant outside downtown Pittsburgh. At one fa- rorism, and yet we have funded them signifi- best to organize FEMA including the advis- cility, the reporter climbed up onto a tank con- cantly below both last year’s level and the Ad- ability of consolidating FEMA’s existing pre- taining toxic material and shouted ‘‘hello, I’m ministration’s request. At a time when the Ad- paredness functions under a new Prepared- on your tank.’’ There were no guards and no ministration is trying to shift blame to state and ness Directorate and limiting FEMA’s functions one tried to stop him. There are nightclubs in local governments for the chaotic overall re- solely to recovery and response. New York City that are harder to get into than sponse to Hurricane Katrina, we have not pro- Second, I was disappointed that Republican some of our chemical plants. vided them with adequate resources to get the conferees did not accept the Obey-Sabo-Byrd Leaks of toxic chemicals can be dev- job done. amendment that would have provided an addi- astating. In India in 1984, a leak at a chemical That said, I believe that this bill does a reational $1.7 billion in investments in emergency plant in Bhopal killed at least 4,000 people sonably good job of addressing our most disaster planning, grants to first responders, and injured hundreds of thousands more. pressing homeland security needs. I especially transit, port and chemical security, and addi- Transportation of extremely hazardous ma- want to highlight a provision that directs the tional border security. These are critical pro- terials: Shipments of extremely hazardous ma- Department to allocate the bulk of first re- grams that help communities prepare for a terials such as chlorine routinely travel through sponder grants on the basis of threat and risk. disaster and help bring relief following a catas- densely populated areas of our country. These While I do not believe that our task in this trophe. shipments are mobile chemical weapons that Congress will be finished until 100 percent of Third, I am concerned that the conference often share the same track as urban pas- the Department’s grant funds are allocated on report actually cuts funding for several pro- senger rail systems and could kill or injure the basis of risk, this conference report is a grams that are of particular concern to urban 100,000 people within half an hour. In a report noteworthy step in the right direction. areas such as my Los Angeles district. For ex- In addition, I am pleased that the con- ample two programs that provide essential released by the Teamsters Rail Conference ference report includes measures to ensure funding for first responders, the State Home- last week that surveyed rail employees, 63 accountability in the way that the Department land Security Grant Program and the State percent of those surveyed indicated that their spends these appropriations, especially with and Local Grant Program are cut below their train or equipment was delayed or left unat- respect to emergency supplemental funding current year funding by 50 percent and 20 tended for an extended period of time that for Hurricane Katrina. The Department’s initial percent respectively. I am also alarmed that day, and of those, 55 percent indicated that reports to Congress, required by law, have grants for high-threat, highly-populated urban there were hazardous materials aboard the lacked detailed specifics on how the Depart- areas will suffer a 15 percent cut and that train. ment has been spending the $60 billion that grants for firefighters to buy needed safety LNG Security: One of Millenium Bomb plot- this Congress has provided since the hurri- equipment are cut by 8 percent. Lastly, I am ters planning to attack Los Angeles Inter- cane first hit. While the American people fully troubled that funding for FEMA to perform its national Airport was smuggled into the country support our commitment to providing relief to limited functions has been reduced by 11.5 on an LNG tanker docking in Everett, MA in the victims of Katrina and Rita, they also ex- percent. my Congressional District. Terrorists may tar- pect this Congress to make sure that the De- In closing, Mr. Speaker, I will support this get LNG tankers and terminals, resulting in partment spends their tax dollars effectively bill to provide critical resources to help make catastrophic consequences for surrounding and responsibly. our country safer. However, fully addressing communities. In 1979, my bill to require such In closing, I would like to thank sub- our critical national security concerns in light remote sitting was signed into law. But the committee Chairman ROGERS and Ranking of recent events requires resources that the Bush Administration is trying to undermine it, Member SABO for their hard work on this crit- Administration simply did not support and opening up the possibility an LNG plant would ical bill. We all knew that the creation of the which the Republican majority did not provide be placed, like a sitting duck, in the middle of department would create a considerable man- in this bill. While this bill is an improvement an urban area, where an attack or accident agement challenge, and today, as we pass the over the Administration’s request, unfortu- would cause incredible devastation. Energy third appropriations bill funding the depart- nately critical homeland security needs will still Bill signed into law in August 2005 froze out

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00058 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22412 CONGRESSIONAL RECORD—HOUSE October 6, 2005 local officials from site decision-making proc- sophisticated, suicidal terrorists or require This Conference Report fails to make ess, so now convenience for energy compa- chemical companies to substitute safer tech- Homeland Security the priority it ought to be. nies, rather than security safeguards for sur- nologies and chemicals in their processes The rob from Peter to pay Paul that we are rounding community, will determine where fa- whenever possible, so if terrorists penetrate a seeing in the Congress’ Katrina/Ophelia/Rita cilities are built. Last month, I offered an plant, damage they could cause would be dra- response, continues, and badly needed in- amendment to the Coast Guard reauthoriza- matically reduced. creases for border security come at the ex- tion bill to require the involvement of the Coast Requiring re-routing of extremely hazardous pense of money for such items as first re- Guard, which is part of the Homeland Security materials whenever possible to reduce the sponders, disaster relief and port security. The Department, in siting decisions. My amend- threat of an attack on a chemical shipment in result is that America will be far less safe than ment was defeated on the House Floor. a densely populated area. it needs to be. Republicans claim to support local control Mandate that LNG facilities should be built Mr. Speaker, as someone who represents and the right of states to fend off federal en- in remote locations far away from population an area which as seen more than its share of croachments. But when it comes to LNG centers or ensure that security officials, includ- devastating hurricanes, and is home to some siting, Republicans cut out mayors and gov- ing state and local government representatives sites of critical national infrastructure, I am ernors and state homeland security officials are involved in siting process. particularly concerned about some of the pro- from carrying out one of their most important Require that all the commercial cargo car- posals set forth in Secretary Chertoff’s reorga- responsibilities—protecting the public. ried on passenger planes be inspected for nization which would split FEMA’s prepared- Aviation: Approximately 22 percent of all bombs, just as all passengers and their lug- ness and response functions and leave FEMA cargo transported by air in the United States gage are. solely as a disaster response agency reporting is carried on passenger planes. This cargo Direct the Department of Homeland Security to the Secretary. It is because of this concern consumes about half of the space in the cargo to complete all of the 60 material threat as- and others why I joined Homeland Security sessments and purchase all of the vaccine bay on a typical flight, and almost none of it Committee Ranking Member BENNIE THOMP- doses required under Project Bioshield. is ever inspected! In the past, this cargo loop- SON and other members of the Committee in Republicans continue to nickel and dime hole has been exploited with deadly results, introducing the Department of Homeland secu- homeland security while writing a blank check such as when Pam Am Flight 103 was blown rity Reform Act of 2005 to offer solutions up over Lockerbie, Scotland by a bomb hidden for the war in Iraq. Specifically, the discretionary funding provided in this bill is $1.3 bil- where the administration’s reorganization plan in unscreened baggage. I asked Secretary creates more problems. I also have grave con- Chertoff if he would support a requirement that lion, only 4.5 percent more than last year, which is just slightly more than the rate of in- cerns that what this reorganization does is 100 percent of the cargo carried on passenger continue to concentrate power in the White flation. When Ranking Members OBEY and planes be inspected, just as all checked bags, House. We see that in every Department, carry-on bags and passengers are currently SABO attempted to add $1.7 billion for FEMA disaster mitigation programs, emergency man- even at the NIH, and it is a dangerous trend inspected before boarding? He said ‘‘No.’’ that we as a co-equal branch of government Why should the booties of babies be scruti- agement grants, chemical, transit and port security, and other critical security programs should not let happen. nized for bombs, but no one checks the cargo Our bill would strengthen FEMA creating a bound for the belly of a Boeing? The Bush Ad- such as aviation security and Coast Guard op- strong Directorate of Preparedness and Re- ministration says we should trust the shipper. erations, they were defeated by Republicans sponse that includes an intact, strengthened But we must apply the Reagan Doctrine to on a party-line vote. FEMA with a Director and Deputy Director cargo security—Trust, but verify. Hurricane Katrina and Hurricane Rita Public transit: The attacks in London and washed away the illusion that the Federal gov- who must have an extensive background in Madrid clearly demonstrated our vulnerability ernment is better prepared to respond to a emergency or disaster-related management. It will also include a new Assistant Secretary to similar strikes against our transit systems natural disaster or terrorist attack than it was here in the United States. Despite these wake- on 9/11. Not only are we not prepared for a for Preparedness who will head a consolidated up calls, this conference report provides only natural or man-made disaster such as a dirty version of the Office of State and Local Gov- slightly more funding than what is being pro- bomb, we are not taking the preventive meas- ernment Coordination and Preparedness, which is presently an isolated entity located in vided today. Ranking Members OBEY and ures to reduce the risk of these devastating the Secretary’s office. We also establish a SABO offered amendments during the con- events. This conference report does not pro- ference to increase funding for public transit vide for qualified, experienced leadership at military liaison within the Directorate who will security, but these amendments were de- FEMA, nor does it return FEMA to the staffing assist with the coordination of DOD and DHS feated by the unanimous opposition from Re- levels of the 1990s. preparedness and response efforts. publicans on the conference committee. Mr. Speaker, I cannot support this con- Mr. Speaker we have seen what can hap- The American Public Transportation Asso- ference report, which fails to address pressing, pen to a community which has been impacted ciation has identified $6 billion in transit secu- well-known homeland security weaknesses. I by a disaster, as we did with Alabama. Mis- rity needs for U.S. public transportation sys- urge a ‘‘no’’ vote. sissippi and Louisiana in the wake of Hurri- tems, approximately the same amount of Mrs. CHRISTENSEN. Mr. Speaker, I rise in cane Katrina, when there is weakened and in- money we’re spending each month in Iraq. opposition to the Conference report on H.R. effective FEMA, and where the Department Since September 11, the federal government 2360, the Department of Homeland Security does not provide leadership or clear lines of has spent $18 billion on passenger air secu- Appropriations Act for fiscal year 2006 be- authority. This Conference Report does noth- rity, but only $250 million on transit security. cause I am concerned about some of the ing to fix the deficiencies of FEMA that came Yet, Americans take public transportation 32 areas where it falls short, but moreso because to light as a result of the Gulf Coast disasters million times a day—16 times more than they I believe it is the wrong vehicle to make the which is the last thing we should be doing. fly. structural changes to the Department of We could accept this report because it is Biological Weapons: Four years after the Homeland Security that Secretary Chertoff laid late in the year, and there are some good unsolved anthrax attacks on the Capitol that out in his Second Stage Review without the parts to it, but the security of each and every- killed innocent workers, DHS has only com- appropriate congressional scrutiny. one in this country is at stake, and this is not pleted material threat assessments on FOUR As a member of the Homeland Security good enough. I urge my colleagues to oppose of the biological, chemical and radiological Committee, I am very disappointed that the this conference report and send it back. agents that it is required to assess under Conference Report, even though it provides Ms. JACKSON-LEE of Texas. Mr. Speaker, Project Bioshield. I asked Secretary Chertoff if more funding that the President’s original re- I rise in support of this appropriations measure he would commit to completing the rest of quest, makes a number of significant cuts in because this Nation desperately needs all the these threat assessments within 60 days. He very important First Responder and Disaster resources it can get. According to the Depart- said ‘‘No.’’ Preparation programs at a time when we can ment of Defense, over 15,000 of our troops Today’s conference report does not ade- ill afford to. I also see no sign that the defi- have been injured in Iraq and Afghanistan. We quately address these issues. This bill does cient public health system on which every and have about 18,000 American troops deployed not: any response will depend received the funding in Afghanistan and about 149,000 in Iraq for Require chemical plants to be protected by it needs to be brought up to a basic standard the current war effort. During the August re- armed guards trained to prevent attacks by in every community in this country. cess, 85 American troops were killed in Iraq,

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00059 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22413 and nearly 2,000 have been killed since Sep- the tasks charged to FEMA are too large to be passengers each day as do airlines, this bill tember. To further exacerbate matters, the included with 21 other agencies under the De- only includes $36 million for ground transpor- price tag for the war has already exceeded partment. Before some of the very substantial tation security and $150 million for State $196 billion, broken down to about $5 billion changes set forth in H.R. 2360 are passed grants to protect mass transit systems, as per month. These monies and bodies have into law, we need to seriously consider sepa- compared to $4.6 billion for aviation security. been and are being expended on an effort that rating FEMA so that from top to bottom—es- I’m very concerned that crucial security up- is not bringing the relief that is currently need- pecially given the recent resignation of former grades to our rail and public transportation ed right here on American soil. Director, Michael Brown, whose credentials as systems—especially in light of the bombings in With these motions in mind, Mr. Speaker, I an emergency manager had been widely Madrid and London—can’t move forward more will ultimately support the underlying legisla- questioned. quickly. The bill also underfunds port security tion under the Conference Report, but I recog- Funds that we appropriate to FEMA must be and does not include $50 million for chemical nize that it has many shortfalls that will affect prioritized for disaster preparedness, and we plant security that was included in the House- this Nation’s ability to respond to a new and need substantial oversight in order to prevent passed bill. substantial set of circumstances—namely the catastrophic aftermaths. I’m also concerned that this bill includes aftermath of Katrina and Rita. I speak not only Mr. UDALL of Colorado. Mr. Speaker, I rise DHS Secretary Chertoff’s proposal to create a from the standpoint of a Representative of an in support of the FY 2006 Homeland Security new Preparedness Directory and take that re- area that experienced compound effects of Appropriations conference report. This bill sponsibility away from FEMA, making FEMA a both Katrina and Rita, but I speak as a moth- does not fully address our homeland security standalone office focused on response and reer, wife, and a person who understands the needs. Still, it provides vital funds to make our covery only. Secretary Chertoff’s proposal was pains of economic hardship. country safer, and so I will support it today. made in July—before Hurricane Katrina hit— I applaud the Conferees for giving agencies Total funding in the bill is increased from and this bill would move it forward. This Ad- such as ICE an appropriation of $3.175 bil- this year’s levels. Specifically, the bill in- ministration crippled FEMA by making it just lion—which was a $216 million increase over creases funding over the requested levels for one of many organizational boxes under the the FY05 level of $2.95 billion. Furthermore, of immigration and for customs and border pro- Homeland Security Department. Splitting pre- the $4.6 billion allocated to TSA, $2.54 billion tection. The agreement also provides $1.5 bil- paredness and response and recovery tasks is allocated to cover the passenger and bag- lion, 35 percent more than current funding, for now would weaken FEMA even further, at a gage screener workforce. The number of TSA science and technology programs. time when we should be focusing on how to screeners is capped at 45,000—which will I am pleased that the conferees adopted an learn from the lessons of Katrina. constrain our efforts to compensate for the ef- important amendment offered by Rep. DAVID Instead of making these changes in FEMA, fects of the two hurricanes. Within this ac- OBEY that requires the Department of Home- we should remove it from DHS and make it an count, privatized screening operations are land Security (DHS) to provide details on how independent agency under qualified leader- funded at $140 million. The conferees also ex- money appropriated for responding to Hurri- ship, as would happen under the bill (H.R. tended liability protection to airports with pri- canes Katrina and Rita is spent. I am a co- 3816) I introduced last month. Mr. Speaker, much remains to be done to vate and TSA screeners for ‘‘any act of neg- sponsor of H.R. 3737, a bill that would create improve our defenses against terrorism. I do ligence, gross negligence, or intentional a Special Inspector General for Hurricane not believe this bill sets the right priorities or wrongdoing’’ committed by a Federal or pri- Katrina Recovery who would have oversight provides sufficient resources, but it does fund vate screener—which will be a good element. over all federal Hurricane Katrina emergency programs that are critical to our homeland se- While I support many of the allocations set funding. While the Obey amendment doesn’t curity. The conference report is an important forth in this measure, it is my feeling that, go as far as this legislation, it is a significant step, and I will vote for it. overall, the initiative to implement the depart- step forward. Ms. SCHWARTZ of Pennsylvania. Mr. I am also pleased that the conference report mental facelift called for in the Secretary’s Speaker, the 2006 homeland security spend- includes funding to help states comply with the Second Stage Review is the wrong focus at ing plan is something we must enact to sus- REAL ID Act. Estimates are that complying this time. Katrina and Rita have created more tain our ongoing efforts to protect the Amer- pressing issues that could be addressed with with the Act will cost the states between $100 ican people from harm. For that reason, I will this bill. million and $500 million over the next 4 years. support it. However, I have strong reservations To compound the severe need for resources Since the majority saw fit to push the REAL ID with the bill. and administrative services caused by the hur- provisions through Congress, it is important First, the Republican majority has attached ricanes, there are major departmental changes that Congress also provides funding to do the a plan to fundamentally reorganize the Depart- that have been made that could weaken our job. ment of Homeland Security to this must-pass ability to address those needs. The proposed Still, I’m concerned about shortfalls in the bill—effectively forfeiting the oversight respon- transfer of all state and local grants and asso- bill. It cuts fire grants by $60 million (8 per- sibility of the Congress. They are willingly ciated activities to the new Preparedness Di- cent) below FY 2005, even as a recent survey making these sweeping changes, despite the rectorate must be given oversight analysis be- found that fire departments all over the coun- fact that no meaningful hearings, discussions, fore it is implemented. After having seen first- try aren’t prepared to respond to a haz-mat in- or analyses have taken place on this proposal. hand the cries for ice, potable water, food, and cident and lack equipment. The bill also cuts My colleagues, there are many lessons to other subsistence items in Baton Rouge, LA State and local domestic preparedness grants be learned from Hurricane Katrina that ought and in my own backyard of Port Arthur, I know by $585 million (19 percent) and Urban Area to be incorporated into any restructuring plan that this bill does not do all that it can to make Security Initiative grants by $270 million (26 of our Department of Homeland Security. Yet, us more prepared for incidents similar to percent) below FY 2005 levels. Funding for the Republican majority has not only failed to Katrina and Rita. communications equipment for first responders undertake a full investigation of what went Unfortunately, the underlying bill is not ex- is cut from the levels in the bill the House wrong in the Gulf Region, but it is now deny- actly on-point or up-to-date vis-a-vis Hurricane passed in May, before Katrina struck—from ing Congress the opportunity to appropriately Rita. Many of the problems that we face are $27 million to $15 million. The bill does pro- study or amend Secretary Chertoffs proposed new, late breaking, and developing in front of vide additional funding for border patrol, but changes—which were submitted one month our eyes. the number of agents still falls 1,000 short of prior to the hurricane. This is wrong, and de- In emergency situations such as occurred in the 2,000 called for in the Intelligence Reform nies us the opportunity to learn from the mis- the Gulf States, communications capabilities bill. Since September 11th, just 965 additional takes of the last few months so that we might are essential. Emergency responders must border patrol agents have been hired—less do better in the future. have the equipment that will allow essential than a 10 percent increase in 4 years. Moreover, Mr. Speaker, while this bill rep- communications efforts to continue in case of The conference report fails to provide much resents an attempt to make up for some of the the major damage to infrastructure we have more than basic funding for the security of rail funding shortfalls in the President’s fiscal year seen in New Orleans. and public transportation systems because 2006 homeland security budget—allocating Clearly, the Federal Emergency Manage- DHS has not yet spent funds it was allocated $1.3 billion more for homeland security efforts ment Agency needs to change—from the bot- last year. Despite the fact that passenger rail this year than proposed by the Administra- tom to the top. We need to look at whether in the U.S. carries about five times as many tion—it still does not adequately fund essential

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00060 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22414 CONGRESSIONAL RECORD—HOUSE October 6, 2005 security initiatives that are needed to protect Ferguson LaTourette Reynolds Hinchey McGovern Rush our citizens. Fitzpatrick (PA) Leach Rogers (AL) Holt McKinney Sanders Foley Levin Rogers (KY) Honda Meehan Schakowsky Specifically, the measure cuts by $60 million Forbes Lewis (CA) Rogers (MI) Jackson (IL) Menendez Slaughter funding for Firefighter Grants. It also fails to Fortenberry Lewis (KY) Rohrabacher Jones (OH) Michaud Tierney provide the level of funding needed to fully Fossella Linder Ros-Lehtinen Kind Miller, George Vela´ zquez Foxx Lipinski Kucinich Nadler protect our Nation’s ports which, according to Ross Wasserman Franks (AZ) LoBiondo Roybal-Allard Larson (CT) Napolitano Schultz Lee Neal (MA) the Coast Guard, will cost $4.8 billion. Frelinghuysen Lofgren, Zoe Ruppersberger Waters Lewis (GA) Oberstar Our constituents are depending on us to Gallegly Lowey Ryan (OH) Watt Lynch Obey Garrett (NJ) Lucas Ryan (WI) Waxman keep them safe from harm and the nation free Gerlach Lungren, Daniel Maloney Owens Ryun (KS) Wexler from terror. This bill fails to live up to our Gibbons E. Sabo Markey Pallone McCollum (MN) Pastor Woolsey promise—and this Administration’s promise— Gilchrest Mack Salazar McDermott Paul Wu to provide real leadership in the face of real Gillmor Manzullo Sa´ nchez, Linda Gingrey Marchant threats. T. NOT VOTING—16 Gohmert Marshall Sanchez, Loretta Mr. Speaker, I will reluctantly vote for this Gonzalez Matheson Saxton Boswell Olver Stark measure because it would be irresponsible to Goode Matsui Schiff Crowley Payne Strickland Delahunt Poe Goodlatte McCarthy Schmidt Watson cut off funding for our homeland security ef- Evans Rothman Gordon McCaul (TX) Schwartz (PA) Young (AK) forts altogether. But, from my seat on the Hastings (FL) Royce Granger McCotter Scott (GA) Inglis (SC) Schwarz (MI) Budget Committee, I will continue to work to Graves McCrery Scott (VA) Green (WI) McHenry ensure that Congress lives up to its responsi- Sensenbrenner b 2043 bility to provide strong leadership and to meet Green, Al McHugh Serrano Green, Gene McIntyre Sessions Mr. OWENS, Mr. BERRY, Ms. the Nation’s security needs. Gutknecht McKeon Shadegg Hall McMorris DEGETTE and Mr. WATT changed Mr. ROGERS of Kentucky. Mr. Shaw Harman McNulty Speaker, I urge adoption of the con- Shays their vote from ‘‘yea’’ to ‘‘nay.’’ Harris Meek (FL) Sherman Mr. PETERSON of Pennsylvania ference report, and I yield back the bal- Hart Meeks (NY) Sherwood ance of my time. Hastings (WA) Melancon changed his vote from ‘‘nay’’ to ‘‘yea.’’ Shimkus The SPEAKER pro tempore (Mr. Hayes Mica So the conference report was agreed Hayworth Millender- Shuster to. WALDEN of Oregon). Without objection, Simmons Hefley McDonald The result of the vote was announced the previous question is ordered on the Hensarling Miller (FL) Simpson conference report. Herger Miller (MI) Skelton as above recorded. Herseth Miller (NC) Smith (NJ) A motion to reconsider was laid on There was no objection. Higgins Miller, Gary Smith (TX) the table. The SPEAKER pro tempore. The Hinojosa Mollohan Smith (WA) question is on the conference report. Hobson Moore (KS) Snyder f Hoekstra Moore (WI) Sodrel Pursuant to clause 10 of rule XX, the Holden Moran (KS) Solis RURAL HOUSING HURRICANE yeas and nays are ordered. Hooley Moran (VA) Souder RELIEF ACT OF 2005 Pursuant to clause 8 of rule XX, this Hostettler Murphy Spratt 15-minute vote on adoption of the con- Hoyer Murtha Stearns The SPEAKER pro tempore (Mr. Hulshof Musgrave Stupak WALDEN of Oregon). The pending busi- ference report will be followed by 5- Hunter Myrick Sullivan minute votes on the motion to suspend Hyde Neugebauer Sweeney ness is the question of suspending the the rules on H.R. 3895 and on the mo- Inslee Ney Tancredo rules and passing the bill, H.R. 3895, as Israel Northup tion to suspend the rules on H.R. 3896. Tanner amended. Issa Norwood Tauscher The Clerk read the title of the bill. Proceedings will resume on H. Con. Istook Nunes Taylor (MS) The SPEAKER pro tempore. The Res. 248 tomorrow. Jackson-Lee Nussle Taylor (NC) (TX) Ortiz question is on the motion offered by The vote was taken by electronic de- Terry Jefferson Osborne Thomas the gentleman from Louisiana (Mr. vice, and there were—yeas 347, nays 70, Jenkins Otter Thompson (CA) BAKER) that the House suspend the not voting 16, as follows: Jindal Oxley Thompson (MS) Johnson (CT) Pascrell rules and pass the bill, H.R. 3895, as [Roll No. 512] Thornberry Johnson (IL) Pearce Tiahrt amended, on which the yeas and nays YEAS—347 Johnson, E. B. Pelosi Tiberi are ordered. Johnson, Sam Pence Towns Ackerman Brady (TX) Culberson Jones (NC) Peterson (MN) This will be a 5-minute vote. Turner Aderholt Brown (OH) Cummings Kanjorski Peterson (PA) Udall (CO) The vote was taken by electronic de- Akin Brown (SC) Cunningham Kaptur Petri Udall (NM) vice, and there were—yeas 335, nays 81, Alexander Brown-Waite, Davis (AL) Keller Pickering Upton Bachus Ginny Davis (CA) Kelly Pitts not voting 17, as follows: Van Hollen Baird Burgess Davis (FL) Kennedy (MN) Platts [Roll No. 513] Baker Burton (IN) Davis (KY) Visclosky Kennedy (RI) Pombo YEAS—335 Barrett (SC) Butterfield Davis (TN) Kildee Pomeroy Walden (OR) Barrow Buyer Davis, Jo Ann Kilpatrick (MI) Porter Walsh Abercrombie Bishop (UT) Cardoza Bartlett (MD) Calvert Davis, Tom King (IA) Price (GA) Wamp Ackerman Blumenauer Carnahan Barton (TX) Camp Deal (GA) King (NY) Price (NC) Weiner Aderholt Blunt Carson Bass Cannon DeFazio Kingston Pryce (OH) Weldon (FL) Akin Boehlert Case Bean Cantor DeLay Kirk Putnam Weldon (PA) Alexander Boehner Castle Beauprez Capito Dent Kline Radanovich Weller Allen Bonner Chandler Berkley Cardin Diaz-Balart, L. Knollenberg Rahall Westmoreland Andrews Bono Chocola Berman Cardoza Diaz-Balart, M. Kolbe Ramstad Whitfield Baca Boren Clay Biggert Carnahan Dicks Kuhl (NY) Rangel Wicker Bachus Boucher Cleaver Bilirakis Carson Dingell LaHood Regula Wilson (NM) Baird Boustany Clyburn Bishop (GA) Carter Doggett Langevin Rehberg Wilson (SC) Baker Boyd Cole (OK) Bishop (NY) Case Doolittle Lantos Reichert Wolf Baldwin Bradley (NH) Conaway Bishop (UT) Castle Drake Larsen (WA) Renzi Wynn Barrett (SC) Brady (PA) Conyers Blackburn Chabot Dreier Latham Reyes Young (FL) Barrow Brady (TX) Cooper Blunt Chandler Duncan Barton (TX) Brown (OH) Costa Boehlert Chocola Edwards NAYS—70 Bass Brown, Corrine Costello Boehner Cleaver Ehlers Bean Burgess Cramer Bonilla Clyburn Emanuel Abercrombie Brown, Corrine DeLauro Beauprez Burton (IN) Cuellar Bonner Coble Emerson Allen Capps Doyle Becerra Butterfield Culberson Bono Cole (OK) Engel Andrews Capuano Fattah Berkley Buyer Cummings Boozman Conaway English (PA) Baca Clay Filner Berman Camp Cunningham Boren Costa Eshoo Baldwin Conyers Flake Berry Capito Davis (AL) Boucher Cramer Etheridge Becerra Cooper Ford Biggert Capps Davis (CA) Boustany Crenshaw Everett Berry Costello Frank (MA) Bishop (GA) Capuano Davis (FL) Boyd Cubin Farr Blumenauer Davis (IL) Grijalva Bishop (NY) Cardin Davis (IL) Bradley (NH) Cuellar Feeney Brady (PA) DeGette Gutierrez

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22415 Davis (KY) Kennedy (MN) Radanovich Chabot Jones (NC) Peterson (MN) [Roll No. 514] Davis (TN) Kennedy (RI) Coble Kingston Rahall Peterson (PA) YEAS—415 Davis, Tom Kildee Ramstad Crenshaw Kirk Petri Deal (GA) Kilpatrick (MI) Rangel Cubin Kline Putnam Abercrombie Davis, Jo Ann Jackson-Lee DeFazio Kind Reichert Davis, Jo Ann Knollenberg Regula Ackerman Davis, Tom (TX) DeGette King (IA) Renzi Doolittle Kolbe Rehberg Aderholt Deal (GA) Jefferson DeLauro King (NY) Reyes Ehlers Kuhl (NY) Rogers (KY) Akin DeFazio Jenkins DeLay Kucinich Reynolds Emerson LaHood Rohrabacher Alexander DeGette Jindal English (PA) Latham Allen DeLauro Johnson (CT) Dent Langevin Rogers (AL) Ryan (WI) Forbes Lewis (CA) Andrews DeLay Johnson (IL) Diaz-Balart, L. Lantos Rogers (MI) Saxton Diaz-Balart, M. Larsen (WA) Franks (AZ) Lewis (KY) Baca Dent Johnson, E. B. Ros-Lehtinen Schmidt Dicks Larson (CT) Frelinghuysen Marchant Bachus Diaz-Balart, L. Johnson, Sam Ross Sensenbrenner Dingell LaTourette Gohmert McHenry Baird Diaz-Balart, M. Jones (NC) Roybal-Allard Sherwood Doggett Leach Goode McHugh Baker Dicks Jones (OH) Ruppersberger Stearns Doyle Lee Rush Goodlatte Miller (MI) Baldwin Dingell Kanjorski Granger Miller, Gary Sweeney Barrett (SC) Drake Levin Ryan (OH) Doggett Kaptur Grijalva Moran (KS) Taylor (NC) Barrow Doolittle Keller Dreier Lewis (GA) Ryun (KS) Gutknecht Moran (VA) Thornberry Bartlett (MD) Doyle Kelly Duncan Linder Sabo Herger Murtha Tiahrt Barton (TX) Drake Kennedy (MN) Edwards Lipinski Salazar Hobson Myrick Upton Bass Dreier Kennedy (RI) Emanuel LoBiondo Sa´ nchez, Linda Hoekstra Neugebauer Wamp Bean Duncan Kildee Engel Lofgren, Zoe T. Hunter Northup Whitfield Beauprez Edwards Kilpatrick (MI) Eshoo Lowey Sanchez, Loretta Etheridge Lucas Jenkins Obey Young (FL) Becerra Ehlers Kind Sanders Johnson, Sam Otter Berkley Emanuel King (IA) Everett Lungren, Daniel Schakowsky Farr E. Berman Emerson King (NY) Schiff NOT VOTING—17 Berry Engel Kingston Fattah Lynch Schwartz (PA) Boswell Neal (MA) Schwarz (MI) Biggert English (PA) Kirk Feeney Mack Scott (GA) Crowley Olver Stark Bilirakis Eshoo Kline Ferguson Maloney Scott (VA) Filner Manzullo Delahunt Payne Strickland Bishop (GA) Etheridge Knollenberg Serrano Fitzpatrick (PA) Markey Evans Poe Watson Bishop (NY) Everett Kolbe Sessions Flake Marshall Hastings (FL) Rothman Young (AK) Bishop (UT) Farr Kucinich Shadegg Foley Matheson Inglis (SC) Royce Blackburn Fattah Kuhl (NY) Shaw Ford Matsui Blumenauer Feeney LaHood Shays ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Fortenberry McCarthy Blunt Ferguson Langevin Fossella McCaul (TX) Sherman The SPEAKER pro tempore (Mr. Boehlert Filner Lantos Foxx McCollum (MN) Shimkus Boehner Fitzpatrick (PA) Larsen (WA) Shuster WALDEN of Oregon) (during the vote). Bonilla Flake Larson (CT) Frank (MA) McCotter There are 2 minutes remaining in this Gallegly McCrery Simmons Bonner Foley Latham Garrett (NJ) McDermott Simpson vote. Bono Forbes LaTourette Gerlach McGovern Skelton Boozman Ford Leach Gibbons McIntyre Slaughter b 2053 Boren Fortenberry Lee Gilchrest McKeon Smith (NJ) Boucher Fossella Levin Gillmor McKinney Smith (TX) Mr. FORBES, Ms. GRANGER, Mr. Boustany Foxx Lewis (CA) Boyd Frank (MA) Lewis (GA) Gingrey McMorris Smith (WA) MCHENRY, Mr. REGULA, Mrs. Gonzalez McNulty Snyder Bradley (NH) Franks (AZ) Lewis (KY) Gordon Meehan Sodrel NORTHUP, Mrs. CUBIN, and Mrs. JO Brady (PA) Frelinghuysen Linder Graves Meek (FL) Solis ANN DAVIS of Virginia changed their Brady (TX) Gallegly Lipinski Green (WI) Meeks (NY) Souder vote from ‘‘yea’’ to ‘‘nay.’’ Brown (OH) Garrett (NJ) LoBiondo Brown (SC) Gerlach Lofgren, Zoe Green, Al Melancon Spratt Mr. BOEHLERT changed his vote Green, Gene Menendez Stupak Brown, Corrine Gibbons Lowey Gutierrez Mica Sullivan from ‘‘nay’’ to ‘‘yea.’’ Brown-Waite, Gilchrest Lucas Hall Michaud Tancredo So (two-thirds having voted in favor Ginny Gillmor Lungren, Daniel Burgess Harman Millender- Tanner Gingrey E. thereof) the rules were suspended and Burton (IN) Gohmert Lynch Harris McDonald Tauscher the bill, as amended, was passed. Butterfield Gonzalez Mack Hart Miller (FL) Taylor (MS) Buyer Goode Maloney Hastings (WA) Miller (NC) Terry The result of the vote was announced Calvert Goodlatte Manzullo Hayes Miller, George Thomas as above recorded. Camp Gordon Marchant Hayworth Mollohan Thompson (CA) The title of the bill was amended so Hefley Moore (KS) Cannon Granger Markey Thompson (MS) as to read: ‘‘A bill to amend title V of Cantor Graves Marshall Hensarling Moore (WI) Tiberi Herseth Murphy the Housing Act of 1949 to provide rural Capito Green (WI) Matheson Tierney Capps Green, Al Matsui Higgins Musgrave Towns housing assistance to families affected Hinchey Nadler Capuano Green, Gene McCarthy Turner by Hurricane Katrina or Hurricane Cardin Grijalva McCaul (TX) Hinojosa Napolitano Udall (CO) Holden Ney Rita.’’. Cardoza Gutierrez McCollum (MN) Udall (NM) Holt Norwood Carnahan Gutknecht McCotter Van Hollen A motion to reconsider was laid on Honda Nunes Carson Hall McCrery Vela´ zquez the table. Hooley Nussle Carter Harman McDermott Visclosky Hostettler Oberstar Case Harris McGovern Walden (OR) Hoyer Ortiz f Castle Hart McHenry Hulshof Osborne Walsh Chabot Hastings (WA) McHugh Hyde Owens Wasserman HURRICANE KATRINA EMERGENCY Chandler Hayes McIntyre Schultz Chocola Hayworth McKeon Inslee Oxley RELIEF CDBG FLEXIBILITY ACT Israel Pallone Waters Clay Hefley McKinney Issa Pascrell Watt OF 2005 Cleaver Hensarling McMorris Waxman Clyburn Herger McNulty Istook Pastor The SPEAKER pro tempore. The Jackson (IL) Paul Weiner Coble Herseth Meehan Jackson-Lee Pearce Weldon (FL) pending business is the question of sus- Cole (OK) Higgins Meek (FL) (TX) Pelosi Weldon (PA) pending the rules and passing the bill, Conaway Hinchey Meeks (NY) Jefferson Pence Weller H.R. 3896, as amended. Conyers Hinojosa Melancon Westmoreland Cooper Hobson Menendez Jindal Pickering The Clerk read the title of the bill. Johnson (CT) Pitts Wexler Costa Hoekstra Mica Johnson (IL) Platts Wicker The SPEAKER pro tempore. The Costello Holden Michaud Johnson, E. B. Pombo Wilson (NM) question is on the motion offered by Cramer Holt Millender- Crenshaw Honda McDonald Jones (OH) Pomeroy Wilson (SC) the gentleman from Louisiana (Mr. Kanjorski Porter Wolf Cubin Hooley Miller (FL) Kaptur Price (GA) Woolsey BAKER) that the House suspend the Cuellar Hostettler Miller (MI) Keller Price (NC) Wu rules and pass the bill, H.R. 3896, as Culberson Hoyer Miller (NC) Kelly Pryce (OH) Wynn Cummings Hulshof Miller, Gary amended, on which the yeas and nays Cunningham Hunter Miller, George are ordered. NAYS—81 Davis (AL) Hyde Mollohan This will be a 5-minute vote. Davis (CA) Inslee Moore (KS) Bartlett (MD) Boozman Calvert The vote was taken by electronic de- Davis (FL) Israel Moore (WI) Bilirakis Brown (SC) Cannon Davis (IL) Issa Moran (KS) Blackburn Brown-Waite, Cantor vice, and there were—yeas 415, nays 0, Davis (KY) Istook Moran (VA) Bonilla Ginny Carter not voting 18, as follows: Davis (TN) Jackson (IL) Murphy

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22416 CONGRESSIONAL RECORD—HOUSE October 6, 2005 Murtha Rogers (AL) Stupak gia State Representative Henry How- Ms. JACKSON-LEE of Texas. Mr. Musgrave Rogers (KY) Sullivan ard passed away Monday morning. A Speaker, I think it is certainly impor- Myrick Rogers (MI) Sweeney Nadler Rohrabacher Tancredo dedicated public servant and a believer tant for this body to be fiscally respon- Napolitano Ros-Lehtinen Tanner in the power of gospel music, Henry sible, but let me share with Members Neugebauer Ross Tauscher Howard always served his hometown that in the aftermath of Hurricane Ney Roybal-Allard Taylor (MS) with dignity, compassion, and an end- Katrina, there are cities and towns in Northup Ruppersberger Taylor (NC) Norwood Rush less supply of love and goodwill. rural areas that cannot pay their bills. Terry Nunes Ryan (OH) Thomas Mr. Howard was a beloved son of It is a matter of choices. We have to Nussle Ryan (WI) Thompson (CA) Georgia’s Garden City. An entre- look at a new way to deal with the Iraq Oberstar Ryun (KS) Obey Sabo Thompson (MS) preneur with a sound business sense, he war and Afghanistan and stop the spi- Ortiz Salazar Thornberry helped build up many small businesses raling spending of $480 billion. Osborne Sa´ nchez, Linda Tiahrt across the city. Later he would enter The reason I say that is because some Tiberi Otter T. public service, serving on the Rich- of the unsung heroes of Hurricane Owens Sanchez, Loretta Tierney Oxley Sanders Towns mond County Commission. Soon after Katrina, although they do not want ap- Pallone Saxton Turner that he was elected to the State legis- plause, deserve so. Even though I voted Pascrell Schakowsky Udall (CO) lature, where he established himself as for the Department of Homeland Secu- Pastor Schiff Udall (NM) one of Augusta’s most accomplished rity appropriations, I know we are not Paul Schmidt Upton Pearce Schwartz (PA) Van Hollen and hard-working State representa- funding homeland security enough. The Pelosi Scott (GA) Vela´ zquez tives. He was reelected seven times in a Coast Guard has saved over 23,000 indi- Pence Scott (VA) Visclosky row. viduals, fire fighters and police, those Peterson (MN) Sensenbrenner Walden (OR) Just before his last reelection, the who did not walk away from their jobs. Peterson (PA) Serrano Walsh Petri Sessions Wamp local paper praised Representative Citizen Corps has been found out to be Pickering Shadegg Wasserman Howard, saying simply: ‘‘His goal is the one of the best means of homeland se- Pitts Shaw Schultz same of every Augustan, the better- curity where we train neighborhoods to Platts Shays Waters Pombo Sherman ment of our city.’’ secure themselves. All of that needs en- Watt When Henry Howard passed away Pomeroy Sherwood Waxman hanced homeland security funding. Porter Shimkus Weiner Monday morning, we lost a public serv- Yes, Mr. Speaker, we have to make Price (GA) Shuster Weldon (FL) ant who led by example, a leader who choices, but we should not be cutting Price (NC) Simmons Weldon (PA) Pryce (OH) Simpson shared the beliefs and hopes of his the budget now. Weller Putnam Skelton hometown. f Radanovich Slaughter Westmoreland The Bible says a good name is rather Rahall Smith (NJ) Wexler to be chosen than great riches, and lov- GETTING FINANCIAL HOUSE IN Ramstad Smith (TX) Whitfield ORDER Rangel Smith (WA) Wicker ing favor rather than silver or gold. Regula Snyder Wilson (NM) Mr. Speaker, Henry Howard made a (Mr. MCHENRY asked and was given Rehberg Sodrel Wolf good name for himself, his family; and permission to address the House for 1 Reichert Solis Woolsey he enjoyed the loving favor of all who minute and to revise and extend his re- Renzi Souder Wu Reyes Spratt Wynn knew him. marks.) Reynolds Stearns Young (FL) f Mr. MCHENRY. Mr. Speaker, tonight I want to commend our Republican NOT VOTING—18 REDUCING CONGRESSIONAL leadership in the House for taking a Boswell Neal (MA) Schwarz (MI) SPENDING bold move to actually look at ways to Crowley Olver Stark Delahunt Payne Strickland (Mrs. BLACKBURN asked and was get our financial house in order. It is Evans Poe Watson given permission to address the House time that we move forward, that we Hastings (FL) Rothman Wilson (SC) for 1 minute and to revise and extend move forward as a government and Inglis (SC) Royce Young (AK) her remarks.) look at these programs that we have ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mrs. BLACKBURN. Mr. Speaker, the been spending more and more and more The SPEAKER pro tempore (during publications on Capitol Hill today have on every year. the vote). There are 2 minutes remain- been filled with information about a As a result of Hurricane Katrina and ing in this vote. topic: How do we go about reducing Hurricane Rita, we have had to spend a spending. What a nice deliberation for b 2101 lot of money in the gulf coast region; us to have in this body. How would we but we have to do as a government So (two-thirds having voted in favor choose to reduce spending: across-the- what families do across America, and thereof) the rules were suspended and board cuts or looking at specific pro- that is looking at the family budget the bill, as amended, was passed. grams. and saying where should I spend and The result of the vote was announced Last week I came to the floor and I not spend. That is what we are going to as above recorded. talked about three bills I had intro- do as Republicans in the House. I am so The title of the bill was amended so duced. Each of these bills would call for proud we have Republican leadership as to read: ‘‘A bill to temporarily sus- across-the-board cuts, whether 1, 2, or 5 that is willing to take on this coura- pend, for communities affected by Hur- percent reductions. I want to thank the geous fight to cut spending and keep ricane Katrina or Hurricane Rita, cer- Speaker and the gentleman from Mis- returning every taxpayer’s dollar back tain requirements under the commu- souri (Mr. BLUNT) for listening to the to them as much as possible. nity development block grant pro- proposal. I want to thank the gen- Mr. Speaker, I am happy about the gram’’. tleman from Virginia (Mr. CANTOR) for leadership we have in the House, and I A motion to reconsider was laid on signing, and the gentleman from Iowa am glad we have bold leadership. the table. (Mr. NUSSLE) for his leadership as we f f work to find a way to fund the Hurri- cane Katrina disaster and as we look at MEETING AMERICA’S ENERGY REMEMBERING THE HONORABLE a way to prioritize spending and ad- NEEDS HENRY HOWARD dress fiscal responsibility in this body. (Mr. GOHMERT asked and was given (Mr. BARROW asked and was given f permission to address the House for 1 permission to address the House for 1 minute and to revise and extend his re- minute and to revise and extend his re- FUNDING CHOICES marks.) marks.) (Ms. JACKSON-LEE of Texas asked Mr. GOHMERT. Mr. Speaker, some- Mr. BARROW. Mr. Speaker, I rise and was given permission to address body once said when talking about gov- today to honor one of Augusta, Geor- the House for 1 minute and to revise ernment, no matter how cynical you gia’s finest community leaders. Geor- and extend her remarks.) get, it is never enough to catch up.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22417 Mr. Speaker, we have been hearing When John suffered the accident that dam- great many Members in this Chamber. for so long the Republicans should do aged his knees, he turned his pain into com- The reasons are somewhat obvious. something about bringing down gas fort for others. His first act after receiving Worldwide demand for petroleum has prices. Well, we have an energy bill, compensation for his injuries was to give his increased. China and India are using mother a gift of $2,000.00 to be used for a re- and we are going to have another one. search program which was designed to, and more oil than ever before. We are near- I have heard a lot of talk now that we did help people. He then set up a big Texas ly 60 percent dependent on foreign oil are actually going to talk about the Hold-em game. Upon learning that a friend at the present time. OPEC can, to some ability to have additional refineries, of his mother had no money to pay her rent, degree, set oil prices because of that. gee, we do not need them now it turns he took the money from the game, gave it to And of course more recently the hurri- out. his mom and told her to pay the rent, but canes have shut down some of our re- Yes, we do need them. We have not not to tell the woman where the money came fineries. built one in 30 years. Even though from. Giving selflessly and without expectation of gratitude. That was John. He took So we took a good first step last July some have pushed their capacity up a great joy in giving. And in his life he gave us in passing the energy bill. The renew- little bit, it is time to allow for a new more than he ever knew. able fuel standards require 7.5 billion refinery in the United States. We are John took his own pain and turned it into gallons of ethanol or biodiesel by 2012, becoming far too reliant on foreign good fortune for others. This is truly a lesson which nearly doubles the amount of re- gasoline, and that continues to grow. It to all of us in what living is about. A statue newable fuels. Also the energy bill ex- is time to do something, and we are of St. Francis of Assisi stood in John’s pedites access to 2 trillion barrels of oil going to have a chance to do that. It is house. From St. Francis, John learned that in U.S. oil shale deposits. And also it time to put up or shut up. it is in giving that we receive, in comforting that we find comfort, in giving faith that we promotes an initiative for the produc- Mr. Speaker, tomorrow we will find find it, and in loving that we are loved. tion of hydrogen fuel cells, which I out who really wants to help Ameri- So much did John enjoy giving that he think in 15 to 20 years can pretty much cans pay less for gasoline, and we will went to a party at the Oasis Center for Chil- remove demand for petroleum fuel find out who wants to keep sticking dren at Christmas time and gave each child products. them with higher prices. a card, a hug, and twenty dollars. He did this However, we do need some immediate f again on Valentines Day. These actions rep- relief, something quicker than the en- resent the very essence of John Joseph TRIBUTE TO JON PICINI, JR. Picini Jr. ergy bill passed in July can provide. We If we can define a man by the music he have had no new refineries built since (Mr. PORTER asked and was given 1976. It is almost impossible to get a permission to address the House for 1 loves, we can define John as a peacemaker and a poet. His heroes—John Lennon, Jimi building permit for a new refinery, and minute and to revise and extend his re- Hendrix, Harry Chapin, Bob Dylan. All so as a result our refineries are oper- marks.) peacemakers and poets. All but Dylan, taken ating at roughly 95 percent of full ca- Mr. PORTER. Mr. Speaker, I rise from this planet long before their time. pacity, whereas most in the industry today with a very heavy heart. This John will be watching and loving us from operate somewhere around 75 percent past Sunday, good friends of mine, the his new home with the angels. He was, after to 80 percent of capacity. So any slight Picini family from Las Vegas, Nevada, all, an angel flying too close to the ground as disruption in the process can put us lost their son, 19-year-old John Picini, Willie Nelson would say. right over the edge, as happened with Jr., in his sleep. We who are left behind have been forever changed for knowing John. And we will be the hurricanes. My prayers and my thoughts go to forever changed for having lost him. He is, Many Americans are currently spend- the Picini family for the loss of a loved without a doubt, surrounded with warmth one which is hard to imagine, as a fa- ing 10 percent of their income on gaso- and love and light in the arms of God the fa- line, particularly low-income Ameri- ther myself. I know how difficult a ther, his son Jesus Christ and the Blessed time it is, and I will provide for the Mother. They’re holding him and keeping cans. The agriculture profits have been eaten up by high fuel costs, so many RECORD words of his Aunt Terry Mur- him safe. He will live forever in our hearts phy, also one of my best friends, re- and he’ll have no tears in heaven. farmers in my area are losing money because of the high fuel costs. garding her heartfelt thoughts at the f The Gasoline for Americas Security loss of John Picini, Jr. SPECIAL ORDERS The words of Ms. Terry Murphy, re- Act of 2005 will be introduced tomor- ferred to above, are as follows: The SPEAKER pro tempore (Mr. row, and we will vote on it. I think John Joseph Picini Jr. WALDEN of Oregon). Under the Speak- there are some tremendous aspects of Man. Boy. Brother. Son. Cousin. Friend. er’s announced policy of January 4, this bill. Number one, it encourages in- Dude. Musician. Angel. Amazing. Loving. 2005, and under a previous order of the creased refinery capacity by removing Giving. Kind. Adorable. Sweet. Sad. Happy. House, the following Members will be regulatory and permitting roadblocks. Fun to be with. Inventive. Creative. Peace- recognized for 5 minutes each. We have not been able to build one be- ful. Beautiful. Sensitive. f cause of all of the environmental con- These are all the words to describe John cerns. Picini Jr. Two days before his birth, John ORDER OF BUSINESS nearly didn’t make it into this world. Upon Number two, it reduces the boutique arrival, we all learned about the Duffy Fac- Mr. OSBORNE. Mr. Speaker, I ask fuels from somewhere in the neighbor- tor, a blood disorder which made his entry unanimous consent to take my Special hood of 40 to six. Every time you into the world a bit more difficult than Order at this time. switch from one type of fuel to an- most. As we all watched John grow, we never The SPEAKER pro tempore. Is there other, you shut down the refinery, ceased to he amazed at who he was becom- objection to the request of the gen- clean out all of the pipes, very time- ing. At who he did become. tleman from Nebraska? consuming and very expensive; and this When he made music, he was transported There was no objection. reduces that process to about six types to a different plane and he took along with him all who watched and listened. He carried f of fuel. It also removes red tape from us away. Only a very evolved soul can so pro- pipeline construction. foundly move people with his own creations FUEL PRICES Above all, one of the most important and John’s were beyond amazing. The SPEAKER pro tempore. Under a things, it removes the loan guarantees John was graced with an unusual sensi- previous order of the House, the gen- on the Alaska pipeline unless that tivity. Webster’s dictionary defines sensi- tleman from Nebraska (Mr. OSBORNE) is pipeline is started within the next 2 tivity as the capacity of being easily hurt, recognized for 5 minutes. years. So far we need that pipeline and the awareness of the needs and emotions of others. This sensitivity was the founda- Mr. OSBORNE. Mr. Speaker, as I badly because we need the gas that tion of his creative abilities. It was also the travel my district in Nebraska, the comes from Canada and Alaska, and foundation of what made us all love him to number one concern is high fuel prices, that pipeline would provide a very val- the core. and I would assume that is true for a uable source.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22418 CONGRESSIONAL RECORD—HOUSE October 6, 2005 Fourth, it promotes carpooling year of 2004, the five major U.S. oil Some want us to keep drilling. They through education and incentives companies, Exxon, British Petroleum, do not care where. It could be in a crit- which will save petroleum. Shell, Chevron and Conoco, have al- ical water area like the Great Lakes. And last, it prevents price gouging most tripled their profits, taking in Perish the thought. and requires the Federal Trade Com- more than $50 billion, $50 billion, more In my view, we do not need to drill mission to draft a standard definition than they did just 2 years before. How any more holes in our own heads. What of price gouging, because right now ev- much more do they want when so many we really need is an energy plan that erybody has their own definition, and in our society are living right at the develops self-sufficiency from renew- it will provide some enforcement edge? able sources and a plan that not only guidelines. In 2005, after months of suspected calls for renewable fuel standards but Mr. Speaker, I think it is a good bill. price gouging, these five major oil provides support for the infrastructure I am looking forward to it. I think it companies are on target to pocket over and public education campaign to get can provide some immediate relief in $100 billion more, nearly $40 billion there. A country that could land a man this country in an area where we can more than Congress has appropriated on the moon can do this as well. We stand some help. so far to rebuild the entirety of our need resolve right here in this Con- devastated gulf coast, think about f gress. that, which has taken generations to I urge this Congress to take a giant b 2115 build. That is how much money just dose of Beano and cast a resounding those companies are taking in. ‘‘no’’ vote on the Gas Act of 2005 that URGING A ‘‘NO’’ VOTE ON GASO- The bill rolls back authority cur- will come up tomorrow. We can and LINE FOR AMERICA’S SECURITY rently given to our Federal Trade Com- ACT OF 2005 mission to deal with price gouging. It surely must do better for our children. f The SPEAKER pro tempore (Mr. seems to target smaller retailers while WALDEN of Oregon). Under a previous limiting the areas that can be inves- ORDER OF BUSINESS order of the House, the gentlewoman tigated for price gouging. According to Mr. KUHL of New York. Madam a September 1 Wall Street Journal ar- from Ohio (Ms. KAPTUR) is recognized Speaker, I ask unanimous consent to ticle, after Hurricane Katrina, un- for 5 minutes. take my Special Order at this time. leaded gas prices surged 36 percent in Ms. KAPTUR. Mr. Speaker, there is The SPEAKER pro tempore (Mrs. just 3 days, pushing the wholesale price no doubt that one of the biggest con- SCHMIDT). Is there objection to the re- average up 132 percent above a year cerns that we hear from our constitu- quest of the gentleman from New ago. And this massive increase oc- ents is the unjustified increase in the York? curred despite the fact that in the price of fuels. Just in Ohio today, gaso- There was no objection. same 3-day period, the price of crude line is over $3 a gallon. People cannot f afford to take their families for week- oil went up just 4.25 percent. Over the end drives or vacations because the past year, crude oil prices have gone up RECOGNIZING ELMIRA COLLEGE’S cost of gasoline prohibits it. Farmers 64 percent, so that means that the 150TH ANNIVERSARY and other small businessmen face high- wholesale price of gasoline jumped nine The SPEAKER pro tempore. Under a er fuel costs that are making it nearly times as fast as the price of crude in 3 previous order of the House, the gen- days and is running more than double impossible for them to make a profit. tleman from New York (Mr. KUHL) is the increase of crude over the past Individuals are concerned about the recognized for 5 minutes. year. And these companies are just cost of home heating this year as heat- Mr. KUHL of New York. Madam swimming in the windfall benefits. ing oil and natural gas prices go up So instead of renewing our vows to Speaker, I rise to recognize the sesqui- faster than windchill blowing across imported oil, we need to be developing centennial of one of the greatest edu- the Great Lakes, and programs like new renewable energy sources here at cational institutions in my district of heating assistance for those that can- home: wind power, solar, biofuels, fuel upstate New York, Elmira College. El- not afford to pay their bills, like senior cells, hydrogen, clean coal. We con- mira College turned 150 years old on citizens, are facing flatlining by the sume 25 percent of the world’s oil pro- October 2, just a couple of days ago Republican majority in this House duction, spending tens of billions of this year. when it is eminently clear that the dollars to import oil from some of the Elmira College was the first college need will be greater this year than ever most unstable and undemocratic re- for women with a course of study and in the past. We always seem to be able gions of the world. At the same time, degree requirements equal to those of to find money to send to other coun- we have only 3 percent of known re- the Nation’s finest colleges. tries, but we cannot take care of the serves. On October 23, 1853, the Regents of people right here at home. What a According to a study done for the Na- the University of the State of New shame. tional Resources Defense Council, if we York granted a charter to the college, So what does this Congress do about were to follow an aggressive plan to de- and the cornerstone of the building all of this? Tomorrow we are supposed velop cellulosic biofuels over the next that would later come to be known as to be debating the Gasoline for Amer- 10 years, we could produce the equiva- Cowles Hall was laid in June of 1854. ica’s Security Act of 2005, H.R. 2360. lent of nearly 7.9 million barrels of oil In October of 1855, Elmira College The wordsmiths have been busy little per day. That is equal to more than 50 opened its doors to its first students, elves with this one because not only percent of our current oil use for trans- and the great, historical Cowles Hall does it have the right words to make portation and more than three times still stands as a monument to women’s the public believe that this body is what we import from the Persian Gulf college education in Elmira and the really doing something about the prob- alone. We have more than 5 million ve- United States. lem, but it really is not. They have hicles on the road right now that will Elmira College is sometimes known tucked away goodies for their friends run on 85 percent ethanol and a grow- as ‘‘the mother of women’s colleges.’’ in the oil industry who thought that ing number that run on biodiesel The official college colors, purple and the energy bill that some people voted blends of 5 percent or higher. The peo- gold, were taken from the colors here a few weeks ago was not enough ple who drive these cars in many cases adorning the banners of the women’s for them. In the words of former Presi- do not even know it, and if they do, suffrage movement and from the col- dent Reagan, ‘‘There they go again.’’ they cannot find the fuel in their home lege flower, the iris, which is also the They give new regulatory subsidies communities because we have not done name of the college yearbook published to the refining industry when those in- enough to make these renewable and each year since 1896. dustries’ profits are at breaking less costly fuels available to our own Its location in Elmira, the commer- records. If we look, just in this past constituents. What a shame. cial and cultural center of the Finger

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22419 Lakes region, was through the efforts spring term made possible by the dis- to their mission and to each other. of Simeon Benjamin, the college’s ear- tinctive academic calendar. While They are profoundly committed to this liest benefactor, often referred to as proud of its history and traditions, El- mission, even those who told me pri- ‘‘The Founder.’’ Benjamin was instru- mira College looks ahead to the future. vately they do not support the policy mental in the selection of the college’s f that underlies it. first president, Dr. Augustus Cowles, These are genuine heroes whose cour- ORDER OF BUSINESS after whom the college’s original build- age and resolve are greater than our ing was subsequently named. Ms. WOOLSEY. Madam Speaker, I accolades can convey. We truly have Another of the college’s founding ask unanimous consent to take my the most capable military the world trustees was Jervis Langdon, whose Special Order at this time. has ever known. So what is the prob- daughter Olivia, an alumna of the col- The SPEAKER pro tempore. Is there lem? lege, later married Samuel Clemens, to objection to the request of the gentle- The problem is that we do not have most of us also recognized as Mark woman from California? leaders in Washington that are worthy Twain. To this day, Elmira college has There was no objection. of these fine soldiers. Our troops have been closely associated with Mark f not failed. They have been failed by Twain, who wrote many of his best TRIP TO IRAQ their civilian superiors, those who sent known novels in Elmira, in a structure, them to Iraq on false pretenses, on a the Mark Twain Study, which was relo- The SPEAKER pro tempore. Under a poorly defined mission without all the cated to the Elmira College campus in previous order of the House, the gentle- tools they needed and without a plan 1952. woman from California (Ms. WOOLSEY) to get them out of there. Elmira college became coeducational is recognized for 5 minutes. This morning’s speech from the in all of its programs in 1969 and quick- Madam Speaker, here is a quote: President was the same old shopworn ly achieved an even gender balance. ‘‘Victory means exit strategy, and it’s rhetoric: Terrorism bad, freedom good. Entering its 15th decade, Elmira Col- important for the President to explain We know that and we agree, but that lege continues its commitment to pro- to us what the exit strategy is.’’ alone does not justify an open-ended vide a sound liberal arts education Those words were not spoken by a military commitment. What comes while strengthening its professional Member of Congress, not by a promi- next? Do not tell us. Show us. Show us programs. Its standards of academic nent opponent of the Iraq War. They that there is some kind of long-term excellence resulted in the award of a were not even spoken about this Presi- strategy to return Iraq to the Iraqi chapter of Phi Beta Kappa in 1940. dent or this war. Those words were spo- people and the troops to their families College traditions are cherished. The ken in April, 1999, about President back home. Sibyl, one of the oldest student-lit- Clinton’s military campaign in Kosovo, If the President will not lead, then erary magazines in the country, has and they were spoken by a Republican we will. Last month, I assembled a been published continuously since 1876. Governor named George W. Bush. group of Middle East experts and mili- 1 Mountain Day, faculty and administra- What a difference 6 ⁄2 years makes be- tary strategists to explore viable and tion ‘‘Patron Saints,’’ the Midnight cause it is precisely an exit strategy compassionate exit strategies. Breakfast, and the Holiday Banquet that is missing from our Iraq policy. are among the many traditional activi- With 2,000 of their fellow citizens dead b 2130 ties which enrich college life. and 1 billion of their tax dollars being I do not have all the answers, and I While academics are a priority at El- sent to Iraq every week, the American am not prepared to endorse a single ap- mira College, school spirit emanates people have a right to some honest an- proach, but I have felt for many from its students through athletics. El- swers to some important questions months now that it was about time we mira College offers 26 varsity and jun- like: What exactly defines victory? started this conversation about troop ior varsity teams and intramural What are the benchmarks of success? withdrawal and started throwing ideas sports as well. Elmira College strives What is the long-term plan? What does out and on the table. for excellence both in the classroom the end game look like? Madam Speaker, our troops have en- and on the field by embracing the stu- We are paying for this war in blood dured enough sacrifice. We need to plan dent athlete. Fifty-six percent of the and money. My home district lost a 23- to bring them home. students maintain a grade point aver- year-old soldier on Saturday. Why will At the same time, we must give Iraq age of 3.0 or better. National rankings the President not repay us with some back to the Iraqi people through a and post-season tournament play have honesty and transparency? Why does range of economic, political, and hu- also been annual traditions for the he insult us with empty platitudes manitarian partnerships. The Amer- Soaring Eagles. Most recently, the about ‘‘staying the course’’ and ‘‘stay- ican people deserve better than the women’s ice hockey team has made ing in Iraq as long as it takes’’? poor planning that has characterized four consecutive NCAA tournament ap- Madam Speaker, I had the privilege every phase of this war, and the ex- pearances, including winning the Na- of traveling to Iraq last week with a traordinary men and women whom I tional Title and sporting an undefeated few of my House colleagues. We were met in Iraq most certainly deserve bet- season in its inaugural season. briefed by the commanders on the ter. They deserve leaders as courageous On the one hand, Elmira College is ground. We saw the military facilities, and honorable as they are. In return for securely rooted in the local community which I am happy to report are state of their unfailing loyalty, they deserve by a tradition of excellence, ‘‘town- the art. The quality of our soldiers’ basic competence and integrity. gown’’ relations and reciprocal sharing medical care in particular is excellent f of resources. A good example of this is as far as I could see. Good equipment the public lectures presented by the and the best docs that one could have. COORDINATED STRATEGY OF internationally known Mark Twain The most rewarding and enlightening CHARACTER ASSASSINATION scholars who are bought to Elmira by part of the trip was simply having The SPEAKER pro tempore (Mrs. the college’s Center for Mark Twain meals and talking with the enlisted SCHMIDT). Under a previous order of the Studies. Another example is the col- men and women, mostly those from House, the gentleman from North Caro- lege’s community service program, California and particularly from my lina (Mr. MCHENRY) is recognized for 5 which has been commended by the district north of the Golden Gate minutes. President of the United States. Bridge. Mr. MCHENRY. Madam Speaker, to- At the same time, the college ex- Madam Speaker, these young people night I think we need to speak about pands its worldwide view with opportu- are the very best America has to offer. the partisanship that is not just en- nities such as its various innovative They are brave. They are intelligent. countered here in Washington, D.C., projects offered in an intensive 6-week They are loyal, loyal to their country, not from the people just here in this

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22420 CONGRESSIONAL RECORD—HOUSE October 6, 2005 body, but the partisanship we have It is an amazing thing that has hap- ment office in the United States, the U.S. seen from a prosecutor down in Austin, pened. The American people have heard Attorney’s Office for the Southern District Texas. It is part of a coordinated strat- it before by watching the TV. They of New York. Being a prosecutor is the world’s greatest job because it is honest egy that those on the other side in this know the details of this. work for the highest cause—service to one’s House have. It is a coordinated strat- But I want to outline what a former own community. And it is work that has pre- egy of character assassination. U.S. Attorney from the Southern Dis- cious little to do with politics. A couple of months ago I spoke be- trict of New York, Andrew McCarthy, In their private lives, many of my fellow fore the House, and I outlined a few outlined. He said, ‘‘Ronnie Earle, dis- government lawyers were political independ- simple things. I said the Democrat trict attorney of Travis County, Texas, ents, either by design (i.e., out of a conscious leadership has led their party on a rectitude holding that law enforcement has no business wielding the enormous should be above politics) or because they campaign against Republicans, against power of prosecution. A matter of na- were just apolitical. Most, as one would ex- the Republican majority of this House, tional gravity is being pursued with pect in New York, were Democrats. A large through a conspiracy of character as- shocking ethical bankruptcy by the percentage, as, again, one would expect from sassination and misleading attacks. district attorney, by Ronnie Earle. If a group of mostly young people educated in The U.S. News and World Report Congressman DELAY did something il- top schools, was proudly liberal. Over coffee wrote back in April: ‘‘Democratic legal, he, like anyone else, should be or lunch, or dinner, they and we few, hardy conservatives would have spirited debates strategists, confident that voters are called into account. But he, like any- over all manner of issues. increasingly fed up with the Repub- one else, is entitled to procedural fair- In the four corners of a case, however, none lican establishment, are planning an ness, including a prosecutor who not of that mattered a wit. Within those four all-out attack on what they call ‘the only is, but also appears to be, fair and corners, there were rules and responsibil- abuse of power’ by the Republicans.’’ impartial.’’ ities. There was recognition that prosecutors I said at the time the liberal maga- Those are the words of a former U.S. have breathtaking power over the lives of zine, the New Republic, published an those they investigate. Power inarguably Attorney. Madam Speaker, I will enter vital to the rule of law. But power which, if article entitled: ‘‘How Democrats can this into the RECORD. used recklessly or maliciously, can leave Overthrow the House,’’ this House, Madam Speaker, also McCarthy adds, lives in tatters. The lives not only of the in- Madam Speaker, and I quote from that ‘‘Ronnie Earle is a disgrace to his pro- nocent and the guilty, but of the justice sys- article: ‘‘Democrats should consider fession and has done grievous dis- tem itself. fighting back by extra-parliamentary service to thousands of Federal, State This was especially so in investigations of means, going beyond the standard pa- political corruption. We prosecuted Repub- and local government attorneys, pros- licans and Democrats, in about equal meas- rameters of legislative debate, and at- ecutors of all persuasions whose com- ure. The cases were hard, but checking your tacking Republicans not on issues, but mon bond is a good-faith commitment politics at the door was never hard, for at on ethics, character. In other words, it to the rules, but who will now bear the least two reasons. may be time for Democrats to burn burden of suspicions fostered by Earle’s First, there tends to be nothing ideological down the House in order to save it.’’ excesses.’’ about the crimes committed by politicians. Those are not my words, Madam Madam Speaker, you may say that is They are a stew of pettiness, greed and Speaker. Those are the words of the above-it-all arrogance over which neither just a columnist talking. But what party has a monopoly, and the offensiveness liberal New Republic outlining the does the liberal Austin American of which cuts across philosophical divides. Democrat strategy to take the major- Statesman say? It says: ‘‘Ronnie Earle Second, some wrongs are simply not in- ity in this House. ‘‘Burn down the has created a circus-like investigation tended to be crimes. Among them are polit- House in order to save it,’’ they say. alleging Republican campaign funding ical wrongs: sleazy abuses of power, cro- Well, at the time, a lot of people illegalities, but he has not proven it.’’ nyism, most acts of nepotism, half-truths or outright lies in campaigns, etc. In a free so- thought that what I was outlining was Madam Speaker, we see the Demo- something that was far off; that maybe ciety, these get sorted out in our bumptious crats’ agenda is to burn down this political system. Usually, absent shades of it would not happen; that maybe we House by attacking our leaders on financial fraud, bribery, and extortion, pros- would have some high-minded individ- baseless accusations, and they will stop ecutors should stay their hands. There are uals on the other side that would say at nothing until they bring down our too many real crimes to waste resources on enough is enough. This is not the right majority. that sort of thing. More significantly, the strategy for America; it is not the Madam Speaker, I include for the risk of criminalizing politics would only dis- courage honest citizens from participating in right type of political discourse we RECORD the article by Andrew C. should have in this country. But, no, matters of public concern. McCarthy: The code prosecutors live by is not a lib- no, no, we saw this just a week ago RONNIE EARLE SHOULD NOT BEAPROSECUTOR eral or conservative one. It is a code of eth- with a partisan prosecutor in Austin (By Andrew C. McCarthy) ics—of nonpartisan, non-ideological honor. Texas named Ronnie Earle. Of course many prosecutors are ambitious. After impaneling seven grand juries, If there is one thing liberals and conserv- Of course prosecutors want to win. But even atives ought to be able to agree on, it is this: he was able to come up with one the ambitious ones who care a bit too much Ronnie Earle, district attorney of Travis about winning quickly learn that success is charge, conspiracy; conspiracy against County, Texas, has no business wielding the our majority leader, our Republican intimately tied to doing things the right enormous powers of prosecution. way. And not least because that is the norm leader in the House. Well, as it turns I don’t know Congressman TOM DELAY, the their colleagues follow—as well as the stand- out, those charges, not only were they House Majority Leader. I certainly don’t ard by which the defense bar and the judici- false but they also were based on a know if he’s done anything illegal, let alone ary (populated by no small percentage of statute that was not in effect at the something so illegal as to warrant indict- former prosecutors) scrutinize them. It is, time that they claim these events hap- ment. It doesn’t look like it—and at least moreover, the standard the public demands one grand jury has already refused to indict they meet. pened. him (a fact Earle appears to have tried to What we saw was a partisan pros- People want to see the guilty convicted, conceal from the public as he scrambled to but they also want to feel good about the ecutor that was so focused on scoring find a new grand jury that would). Yet expe- way it is done. The prosecutor is the public’s political points that it did not matter rience shows it is foolhardy for those who lawyer, and his duty is not merely to get the what the law said; and so on Monday, don’t know all the facts to hazard a judg- job done but to get it done right. The second he came up with a new charge based on ment about such things. part is just as crucial as the first. They are new evidence, he claims. After going One thing is sure, though, and it ought to equal parts of doing justice. No one expects through seven grand juries, Madam make anyone who cares about basic fairness perfection, which is unattainable in any Speaker, after going through 2 years of angry. The investigation of DELAY, a matter human endeavor. But if the outcomes of the of national gravity is being pursued with justice system are to be regarded as legiti- investigating our Republican leader, shocking ethical bankruptcy by the district mate, as befitting a decent society, people intent on taking him down, they said attorney—by Ronnie Earle. have to be confident that if they stood ac- in 2 days they came up with new infor- For nearly 20 years, I had the privilege of cused, the prosecutor would enforce their mation and came up with a new charge. being a prosecutor in the best law-enforce- rights and make sure they got a fair fight.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22421 So there are certain things that are just of all persuasions whose common bond is a and avoid the impact of this dev- flat-out verboten. Most basic are these: to good faith commitment to the rules—but astating disease. In fact, the theme of resist public comment about non-public, in- who will now bear the burden of suspicions the National Latino AIDS Awareness vestigative information; to abjure any per- fostered by Earle’s excesses. Day is ‘‘abre los ojos,’’ or ‘‘open your sonal stake in the litigation that could sug- The burden, but not the cost. That will be gest decisions regarding the public interest borne by the public. eyes.’’ While 40,000 new cases of HIV are re- are being made to suit the prosecutor’s pri- f vate interests; and—if all that is not Sesame ported each year, Congress has slashed Street simple enough—to remain above any LATINOS AND HIV/AIDS funding for essential programs critical financial or political entanglement that The SPEAKER pro tempore. Under a to providing comprehensive response to could render one’s objectivity and judgment previous order of the House, the gentle- stopping the spread of this disease. Our suspect. woman from California (Ms. SOLIS) is communities have been asked for years In the profession, these things come under to do more and more with less and less, the hoary rubric of ‘‘avoiding the appearance recognized for 5 minutes. Ms. SOLIS. Madam Speaker, today I and this Nation must open its eyes to of impropriety.’’ In layman’s terms, they are work towards preventing the spread of about having an I.Q. high enough that you rise to bring attention to the dev- know to put your socks on before your shoes. astating impact the epidemic of HIV/ the disease. This is bedrock stuff. It is central to the pre- AIDS continues to have on the Latino I ask my colleagues to support this sumption of innocence, due process, and community nationwide. According to important resolution, and I look for- equal protection under the law that prosecu- the latest data and statistics from the ward to the day when the House of Rep- tors owe even the most despicable offenders. Centers for Disease Control and Pre- resentatives adopts this approach and It is foundational to the integrity of the sys- vention, although Latinos make up brings about an opportunity for more tem on which rest our security, our econ- only 14 percent of the population of the awareness and prevention of the HIV omy, and our freedoms. and AIDS epidemic in the Latino com- And Ronnie Earle has flouted it in embar- U.S. and Puerto Rico, they account for 20 percent; that is about 164,000 of the munity. rassing, mind-numbingly brazen ways. I also want to speak towards the im- As Byron York has been reporting on NRO more than 930,000 AIDS cases diagnosed portance of additional funding, sup- (see here, here, and here), Earle has since the beginning of the epidemic. portive services, and capacity-building partnered up with producers making a This epidemic has also affected initiatives for those infected with the movie, called The Big Buy, about his Ahab’s women and young people in the Latino disease. A core component of the Na- pursuit of DELAY. A movie about a real in- community. Latinas, unfortunately, vestigation? Giving filmmakers access to in- tion’s response to HIV and AIDS is the represent a high 18 percent of new vestigative information while a secret grand- Ryan White Comprehensive Aids Re- AIDS cases among women. Our teen- jury probe is underway? Allowing them to source Emergency Act, known as the agers accounted for 20 percent of the know who is being investigated and why? To CARE Act. I ask that Congress imme- new AIDS cases among teens in the view proposed indictments even before the diately reauthorize this important grand jury does? Allowing them into the year 2002. In my own home State of piece of legislation. sanctuary of the grand jury room, and actu- California, an estimated 15,387 Latinos ally to film grand jurors themselves? Cre- Signed into law back in 1990 and re- are living with AIDS, representing the authorized twice since then, the CARE ating a powerful incentive—in conflict with second highest State in terms of the the duty of evenhandedness—to bring Act is named after a young man, Ryan charges on flimsy evidence? For a pros- number of Latinos infected with AIDS White, who was infected by HIV ecutor, these aren’t just major lapses. They nationwide. through treatment for his hemophilia, are firing offenses. For prosecutors such as Unfortunately, while Latinos suffer who taught the Nation strength in a those I worked with over the years, from disproportionately from HIV and AIDS, time when no one knew much about across the political spectrum, I daresay many are uninsured and are unable to this disease. Authorization for the they’d be thought firing-squad offenses. gain access to adequate care services CARE Act expired last week on Sep- Attending partisan fundraisers in order to due to language and cultural barriers, speak openly about an ongoing grand jury tember 30, 2005. lack of transportation, and fear of stig- It is important that Congress pass a investigation against an uncharged public matization. I want to highlight these official. As a moneymaking vehicle. new stronger and fully funded Ryan Penning a nakedly partisan op-ed (in the concerns and also bring together our White CARE Act as soon as possible. New York Times on November 23, 2004) about Nation and community towards the After Medicaid, the Ryan White CARE the political fallout of his grand-jury inves- commitment of creating new alliances, Act is the largest payer of care and tigation of DELAY, then uncharged. adopting culturally specific and appro- treatment services for AIDS patients Settling cases by squeezing businesses to priate interventions, and advocating in the U.S. Commonly referred to as make hefty financial contributions to pet for new funding and resources targeted ‘‘the payer of last resort,’’ the CARE personal causes in exchange for exercising to those communities most adversely Act serves those who fall through the the public’s power to dismiss charges. affected by this horrible epidemic. cracks of traditional government-spon- Secretly shopping for new grand juries I have also introduced legislation when, despite the incalculable advantages sored health care networks. the prosecution has in that forum, the ear- supporting the third annual National At least one in every two individuals lier grand jurors have found the case too Latino AIDS Awareness Day, which assisted through the CARE Act lives weak to indict. takes place on Saturday, October 15, below the Federal poverty level, and Ignoring the commission by members of 2005. This is a national day of aware- about 25 percent are uninsured, and his own party of the same conduct that he ness and prevention against HIV and less than 10 percent have any private seeks to brand felonious when engaged in by AIDS in the Latino community. health insurance, and about 28 percent members of the other party. National Latino AIDS Awareness were enrolled in Medicaid. Such actions and tactics are reprehensible. Day salutes the more than 76,000 The CARE Act is organized into four They constitute inexcusably dishonorable behavior on the part of a public servant, re- Latino AIDS survivors in the U.S. and titles and is essential to providing gardless of whether the persons and entities the efforts of people living with HIV services to individuals with HIV and investigated were in the wrong. They war- and AIDS, their volunteers, profes- AIDS. Title I provides funds to 51 eligi- rant universal censure. sionals, and their family members. It ble metropolitan areas most heavily If Congressman DELAY did something ille- also recognizes and applauds the na- impacted by the epidemic; title II gal, he, like anyone else, should be called to tional and community organizations money goes to States and aids drugs account. But he, like anyone else, is entitled for their work in promoting awareness assistance programs; and titles III and to procedural fairness, including a pros- about AIDS, providing information and IV to community-based providers. ecutor who not only is, but also appears to be, fair and impartial. offering treatment to those who suffer Eighty-five percent of all Ryan White Ronnie Earle is not that prosecutor. He has from this deadly disease. CARE Act dollars are distributed disgraced his profession, and done grievous The purpose of the resolution is through titles I and II of the act. disservice to thousands of Federal, State, straightforward and simple: the Nation According to the Department of and local government attorneys. Prosecutors can no longer afford to close its eyes Health and Human Services, Latinos

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22422 CONGRESSIONAL RECORD—HOUSE October 6, 2005 represent about 20 percent of all the Department of Health, the 2003 AIDS rate was astating disease and who still needed our CARE Act clients in 2002. 32.9 per 100,000 people in Chicago. In the help. In addition to the four structured titles of the United States as a whole, the AIDS rate is half Now it is time to do it all over again. CARE Act, the Minority AIDS Initiative, MAI, that. Since the beginning of this pandemic, over and the Special Projects of National Signifi- Chicago’s high rate reflects the prevalence 500,000 individuals have died in the United cance, SPNS, span all of these titles. of AIDS in communities of color. In 2003, the States, many of whom will be forever memori- Through the Minority AIDS Initiative, each AIDS rate for African-Americans in Chicago alized through the ongoing AIDS Memorial CARE Act title has a mandate to provide a was three times the AIDS rate of Whites. Quilt project. minimum amount of funding to address the Latinos also have a higher AIDS rate than The AIDS quilt stands as testament to the needs of minorities. However, due to the dis- whites in Chicago. strength and vitality of those who were proportionate amount of racial and ethnic mi- This epidemic has left many of our metro- claimed by this dreaded disease, but it also norities that continue to be infected with HIV/ politan areas struggling to care for those af- charts the evolution of HIV/AIDS here in the AIDS and the inequities that still exist, this fected by HIV/AIDS. Many of the minorities U.S. as well. funding is still not sufficient to meet the needs suffering disproportionately from HIV/AIDS do The face of AIDS has changed dramatically of communities of color. not have the access to the healthcare and since the early days of the epidemic, and now The epidemic of HIV/AIDS has had a dele- other services they need. When Congress people of color are overwhelmingly rep- terious effect on all communities of color. passed the Ryan White CARE act in 1990, we resented. As the Chair of the Congressional Hispanic put in place programs that addressed these Today, there are over 1 million people living Caucus Health Taskforce, I am committed to issues and, as a result, we have seen im- with HIV/AIDS in the United States, 42 percent working on securing services for those in- provement in the way we treat and care for of which are African Americans, 20 percent of fected and affected by HIV and AIDS. uninsured and underinsured people living with which are Hispanic. Madam Speaker, I ask for full funding of the HIV/AIDS. Every year another 40,000 individuals get Ryan White CARE Act—$3.1 billion dollars— But more needs to be done. AIDS has infected with HIV, over 50 percent of whom to address these concerns outlined today. placed our country in a state of emergency. are African Americans, and 15 percent of It is important to address the critical issue of Indeed, this notion is expressed in the title of which are Hispanic. combating the spread of HIV and AIDS in the legislation, the ‘‘Comprehensive AIDS Re- The fastest growing categories of new infec- communities of color through the thoughtful sources Emergency, CARE Act.’’ This emer- tions nationally are among African American and targeted reauthorization of the CARE Act. gency requires the attention of the Congress, women and the Hispanic community. My district in Alameda County reflects the Despite flat funding over the past few years, and I am pleased to join Congresswoman national averages, with African Americans rep- the CARE Act in its current form is still the SOLIS today in calling for the reauthorization of resenting over 50 percent of all new AIDS best tool that has proven successful in the the Ryan White CARE Act and cosponsoring cases, and Hispanics 21 percent, and over the fight against HIV/AIDS. her bill to support the observance of National last 8 years the numbers for Hispanics have The CARE Act works—and given a renewed Latino AIDS Awareness Day. shot up. Madam Speaker, we need to recognize the commitment in giving those on the front lines Clearly we need to work harder to get the disproportionate affect AIDS has on our com- of the battle, whether they be private partner- word out about HIV/AIDS, and we need to munities of color, and I join my fellow Mem- ships, government initiatives or local organiza- make sure that our communities have access bers of the Congressional Hispanic Caucus to- tions specializing in outreach, prevention, test- to the resources they need. ing and care, the CARE Act can work even night to call on Congress to work swiftly to re- That’s why I’m a proud original co-sponsor better, as long as we ‘‘abremos los ojos.’’ authorize and strengthen the Ryan White of Ms. SOLIS’s resolution supporting National Also, I request unanimous consent to submit CARE Act and to make sure these programs Latino AIDS Awareness Day. We need to rec- this statement for my colleague of the Con- are fully funded. ognize the fact that AIDS affects everybody, gressional Hispanic Caucus, Rep. LUIS Ms. LEE. Madam Speaker, I rise tonight to and the more than 76,000 Latinos currently liv- GUTIERREZ. join the Gentlewoman from California, my col- ing with AIDS are testament to that. f league Ms. SOLIS, to talk about the Ryan At the same time we must also recognize White CARE Act and the devastating impact MS. SOLIS’S SPECIAL ORDER ON the work of national and community based or- of HIV/AIDS upon minority communities. LATINOS AND HIV/AIDS ganizations, like the Latino Commission on I want to thank my colleague for her leader- AIDS, that are doing the work. In my district, Mr. GUTIERREZ. Madam Speaker, I rise ship in organizing this event as we approach organizations like La Clinica de La Raza, today to discuss the devastating effect HIV/ the third anniversary of National Latino AIDS AIDS Project East Bay, SalvaSIDA, CALPEP, AIDS has had on the Latino community and Awareness Day on October 15th. As the lead- and SMAAC, deserve to be recognized for communities of color across this country. er of the Congressional Hispanic Caucus’s their efforts to reach out to Hispanic and Afri- Today, I am also pleased to be an original co- Health taskforce, I know she is a forceful ad- can American communities alike. sponsor of Congresswoman Hilda Solis’ Con- vocate for ending the racial and ethnic health It is their work that drives us here in Con- current Resolution to support the observance disparities that continue to plague both our gress to demand more funding for commu- of National Latino AIDS Awareness Day. This communities. nities of color dealing with HIV/AIDS. And bill was introduced at a pivotal time: the bed- Madam Speaker, 15 years ago, a young that’s why we established the Minority AIDS rock of our Nation’s response to HIV/AIDS, the and courageous boy by the name of Ryan Initiative in 1998 with President Clinton. Ryan White CARE Act, expired last week on White inspired members of this body and peo- As a key complement to the Ryan White September 30, 2005. ple all over the country to come together out CARE Act, the Minority AIDS Initiative plays a Unfortunately, HIV/AIDS has a dispropor- of compassion to destigmatize HIV/AIDs, and critical role in supporting outreach and capac- tionate stronghold in the Latino community. to provide medical care and support services ity building in minority communities. The numbers are disturbing. The CDC has re- to people living with this dreaded disease. As we work to re-authorize the CARE Act, ported that 43,171 people were diagnosed The passage of the Ryan White Com- we must strengthen the Minority AIDS Initia- with AIDS in 2003. Twenty percent of those prehensive AIDS Resources Emergency tive and ensure that the needs of minorities reported were Latino, yet Latinos represent (CARE) Act in 1990 provided hope for thou- are being met. only 14 percent of the population. In the past sands of Americans afflicted with HIV/AlDS, That means we need a strong and robust 3 years, the number of new HIV/AIDS diag- and signaled the beginning of a sustained primary prevention approach that differentiates noses among Latinos increased more than 14 Federal response that has now grown to over messages between race, ethnicity, gender, percent. This disparity is on track to continue $2 billion a year. sexual orientation and identity, and age. to grow even greater because the latest statis- The Ryan White CARE Act has been reau- We also need to make sure to build in hous- tics show that AIDS diagnoses among whites thorized twice so far, first in 1996, and then in ing and supportive services to provide con- has decreased three percent from 2000 to 2000. Each time we have remembered Ryan tinuity of care for all individuals infected with 2003. for his courage and his compassion and we HIV—especially in minority communities. These trends are especially evident in our have remembered countless others who have That means providing convenient access to urban areas. According to the City of Chicago needlessly become infected by this dev- case management, dental care, mental health

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00069 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22423 therapy, psychosocial support, and drug and designed for a fair presentation of the good friend from the State of Georgia, alcohol treatment while we try and address the evidence and a fair decision to be ren- and I am sure that he will join us here needs of people living with HIV/AIDS. dered by the trier of facts and the trier in just a little while. Right now, he is As we move to re-authorize the CARE Act, of the law. with the Committee on Rules, and that we must also ensure full funding for the AIDS Yet, today, in modern society, we see is why he is not the first one to talk, Drug Assistance Program (ADAP), the Hous- in every area courts being used to try because he is the doctor. ing Opportunities for People with AIDS pro- to force someone to do something con- But he will tell us, as I will tell my gram (HOPWA), and the Minority AIDS Initia- trary to their best interests, to pay colleagues and my colleagues will tell tive. when, in reality, the only reason they us, this crisis in America is causing Each of these programs is critical to ad- are paying is because, quite frankly, it skyrocketing medical costs, unfair jury dressing the needs of people living with AIDS is cheaper than fighting the litigation, verdicts and judgments against the and to addressing the needs of those who are cheaper for insurance claims to be set- doctors of this country and causing most vulnerable, and they deserve our sup- tled, because it is easier to settle an doctors to say, I am not doing this any- port. accident than actually stand up for more. I hope that with this effort today we can what is right. We see this, and if the Madam Speaker, when we drive out begin to take some concrete steps to move spotlight is placed upon this, we see the people who are there to protect our forward with the re-authorization of the Ryan what it is doing to our medical profes- lives, when we drive them away with White CARE Act. sion. these frivolous and sometimes onerous, I want to thank my colleague again for orga- Madam Speaker, we love to all sit most of the time onerous lawsuits, we nizing this discussion. around and reminisce about the old are driving away people that are there f country doctor who would actually to save our lives. Nobody asks when make house calls. The doctor that they are dragged into the emergency GENERAL LEAVE would make a house call with a little room after a terrible car wreck where Ms. SOLIS. Madam Speaker, I ask black bag today probably ought to be the jaws of life have pried them out of unanimous consent that all Members seriously examined for being crazy, be- the car, they do not ask, where is my may have 5 legislative days within cause if all he brings is the resources of lawyer, they are looking for a doctor. which to revise and extend their re- that bag to make that house call, sure- Yet, I have talked personally with marks and include extraneous material ly there is a lawyer some place that is emergency room surgeons, and they on the subject of my Special Order. going to sue him for something because tell me that their profession is getting The SPEAKER pro tempore. Is there he said he did not do the right thing. thinner and thinner and thinner every objection to the request of the gentle- So what is happening to our legal pro- day. In fact, most of the people that woman from California? fession? still are willing to go and be emergency There was no objection. In many instances, doctors will tell room surgeons are the guys who love to f us, unnecessary tests are being re- live on the edge with that adrenaline quired of our patients. The cost of our rush, because they certainly are not A CRISIS IN THE COURTS OF medical care in this country is sky- doing it because they feel safe. They AMERICA rocketing not because maybe that doc- deal constantly with the fear of a law- The SPEAKER pro tempore. Under tor thinks he may know what is wrong suit because they did the right thing to the Speaker’s announced policy of Jan- with that patient, but he also wants to save a life. uary 4, 2005, the gentleman from Texas make sure that he has that MRI and Doctors deliver babies. That is what (Mr. CARTER) is recognized for 60 min- that CAT scan on record to confirm we all expect. We want a doctor to be utes as the designee of the majority what his diagnosis is. Why? Because of there with our wonderful spouse when leader. the trial lawyers standing outside the they give us the gift of a child. Why do Mr. CARTER. Madam Speaker, I rise door, ready to sue him for the slightest we want that doctor there? We want this evening to talk about an ongoing thing because he thinks he can prove that doctor there to make sure that crisis that is in this country, a crisis in that that test was not right. child is healthy and to make sure that the courts of America. People are using Madam Speaker, we have women in birth is as successful as possible and the third branch of this government as south Texas that cannot find a baby make sure mama comes home with the an abusive form of receiving money doctor to deliver their baby and cannot baby. Yet, with the amount of lawsuits from the court system, in many in- find a pediatrician to care for their that are attacking our OBGYNs in stances just because they file a law- baby when it is born. Patients in south America, more and more of our out- suit. People are using the courts of Texas cannot find a neurologist or a standing doctors are finding something America to intimidate others out of neurosurgeon when someone has been else to do. their constitutional rights because of in a car wreck and has a brain injury Madam Speaker, this is a crisis in the expense of litigation. Most impor- and desperately needs someone that America. The gentleman from Georgia tantly, and what I rise today for, they can treat them, either a neurologist or (Mr. GINGREY), the sponsor of H.R. 5, I are driving the medical profession into a neurosurgeon. There are people that believe offers us the solution to that the ground. are being hauled all the way from the crisis. I see that he has joined us, and Madam Speaker, I have spent 21 Rio Grande Valley, Brownsville, and I am going to yield to him to talk to us years of my life working with fine law- McAllen, all the way to San Antonio to about this issue. yers in a courtroom. I have seen the try to find a neurologist that will take Mr. GINGREY. Madam Speaker, I courtroom and how things work in the care of a serious, serious case. thank the gentleman from Texas courtroom change substantially in that Madam Speaker, this is a crisis in (Judge CARTER), my good friend, for 21 years on the bench as a trial judge in America. I am just looking at Texas. yielding. This is a hugely important Texas. But this is not just new to Texas; this issue in this Lawsuit Abuse Prevention is all over the country. There are mul- Week when we are focusing on not just b 2145 tiple States that are in crisis when it medical malpractice suits but a num- The courts were designed for people comes to medical liability. Tonight, I ber of other things like frivolous law- to seek recourse when they were dam- am up here and I am joined by many of suits, class action abuse. This Repub- aged. The courts were designed to my colleagues to talk about H.R. 5, the lican majority has dealt with these grant fairness to all parties involved. Help Efficient, Assessible, Low-cost, issues time and time again. This House The courts were not designed to use Timely Health Care Act of 2005 entitled of Representatives actually, in a bipar- the economic expense of litigation to HEALTH. This is sponsored by my col- tisan fashion, Madam Speaker, I am force people to settle lawsuits or to league, the gentleman from Georgia pleased to say, has passed this par- force people to pay money. They were (Mr. GINGREY), a medical doctor and a ticular bill, H.R. 5, about four times

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22424 CONGRESSIONAL RECORD—HOUSE October 6, 2005 since myself and my colleagues. And Mr. CARTER. Madam Speaker, I lack of good health care that was avail- we are all in the same class of the 108th yield to the gentleman from Pennsyl- able; it just was not available at that Congress; I think we passed it twice. It vania (Dr. MURPHY). hospital because the doctors were no was passed in the 107th and now once Mr. MURPHY. Madam Speaker, I longer able to practice in that State or again in the 109th. I think that totals thank the gentleman for yielding, and in that region. five times, this issue of tort reform. I thank the gentleman from Georgia Bills like H.R. 5 are extremely impor- As a physician Member, Madam (Dr. GINGREY) as well. tant, and we have passed it a couple of Speaker, I am often I guess considered We are talking about medical liabil- times in the House, and we have to someone who is anti-attorney, who has ity reform tonight, and my background continue that. But what happens is a bias against attorneys. Nothing could as a psychologist is one that I think it that, in so many States, we are far be further from the truth. In fact, in is incredibly important to support from being able to do that on our own. my immediate family, I have two at- these issues, because in my career, I Pennsylvania, for example, has a con- torneys; my daughter, who is a pros- have so often dealt with the problems stitutional provision there that would ecutor in State court in Cobb County; that have stemmed from difficulty query that State even if it started and my brother, who spent his lifetime with accessing medical care. Let me moving forward a number of years to as a practicing attorney doing real es- tell my colleagues two stories. take care of that. tate law; and my good friend, the gen- One is a story of a place in rural b 2200 tleman from Texas (Judge CARTER) Pennsylvania where a woman went who was a good lawyer and an even into premature labor. Now, because of But ultimately our concern has to be better judge as a superior court judge the dearth of OBGYNs in her town, for better patient care. And some look in Texas. I have great respect for the they drove in their car about an hour upon this and say are we looking at legal profession. Rather, Madam and a half to a nearby hospital, taking caps on punitive damages or changes of Speaker, this is about leveling the considerable risk to get up there. The venue and other sorts of legal issues playing field and making sure that baby was born premature. It would here that somehow are going to protect every voice on each side of the issue is have been best if she would have had the physician who is not practicing fair and balanced. That is all it is, pure the care in a local hospital, but she did well. As one trial attorney I heard say, and simple. I think my colleagues not have that. And children who are the trouble with medical malpractice would agree with me on that. born premature oftentimes are at high- is medical malpractice. I am joined by some of my doctor er risk for several developmental dis- Certainly, none of us want to see sit- friends here tonight along with the abilities. It is a sad thing to think that uations taking place where we are pro- gentleman from Texas (Judge CARTER), children sometimes cannot get that tecting problems that occur. All of us, and we have all experienced situations immediate access to care, because whatever branch of health care we are where maybe one of our colleagues in those first few minutes of care for a in, are dedicated to making sure pa- the health care profession is being sued newborn baby are so critically impor- tients have the best care. But when you for practicing below the standard of tant when they are premature, high- cannot get a doctor, you cannot get the care, and in those situations where we risk, low birth weight, maybe the care, good, bad or otherwise. And so know that they practiced below the mother was eclamptic, pre-eclamptic, the issue is how we make sure we have standard of care or the hospital, and those first few minutes can mean the availability of that health care. through negligence, has resulted in an the difference between a child who has Listen to a couple of these points: injury to a patient, we are right in some severe problems, a child who has one in three medical residents in my there pulling for the plaintiffs. There is mild problems or a child who has no home State of Pennsylvania stated in a no question about that. I think it is problems at all. As I would do develop- survey they would leave the State after very important, as we discuss this dur- mental follow-up with so many of these completing their medical residency being this hour, for our colleagues, infants, it is of increasing concern to cause of the lack of affordable mal- Madam Speaker, to understand that. me that when there is not sufficient practice or medical liability insurance. We are trying to bring balance to a sit- medical care there nearby with In addition, 71 percent of residency pro- uation that right now is way out of kil- OBGYNs, or anyone else for that mat- gram directors reported a decrease in ter, totally unbalanced, and it is to the ter, you cannot get the patient the retention of medical residents in Penn- detriment, not so much to the health care they need then, and that baby sylvania. As a result, more and more care providers, but to the patients who cannot be treated by a lawsuit. That doctors are practicing defensive medi- need, who desperately need the access, does not make up for what occurred be- cine. And only about 4 percent of our as Judge CARTER was talking about at cause a physician was not around and physicians in key areas, such as obstet- the outset. And physicians who are in- the physician is not around because in rics, gynecology, orthopedic surgery, volved in high-risk specialties, emer- Pennsylvania, like so many other neurosurgery, only about 4 percent of gency room doctors, orthopedic sur- States, about 20 other States listed at physicians in Pennsylvania are under geons like my colleague, the gen- risk for this, has seen such a decrease age 35. As others doctors retire, we are tleman from Cobb County, Georgia, in physicians. going to continue to have this; and (Dr. PRICE) who we will hear from in Another story: A hospital where sev- that is why we have a crisis, no longer just a few minutes, and the gentleman eral cases have occurred where people just brewing, but really some signifi- from Pennsylvania (Dr. MURPHY) who have gone into that hospital suffering cant shortages. deals with mental health, which is such from a stroke, but there were no neuro- Let me mention one or two things a vital issue, so important to the surgeons on call at that hospital be- that we are working on as part of this, health care of individuals, you are in a cause of the high medical liability because all of us in the health care situation where if you do not have costs for these neurosurgeons in that field and all of us in the House have to these doctors available, particularly in State. So patients had a certain kind of be focused also on patient safety. Some emergency situations, people suffer, clotting that needed to be broken with of the issues before us are also what people get injured and people die. So a line through the femoral artery or a Secretary Leavitt and the President that is really what it is all about. catheter, as it were, into the carotid, are pushing and that is for reform for I appreciate so much being with my and these patients then had to be life how we keep track of medical records. colleagues. At this point, I yield back lifted to another hospital. Again, those Electronic medical records is a sys- to the gentleman from Texas (Judge minutes when someone is having a tem whereby patients’ charts are kept CARTER) and hope to participate later stroke are critical and can mean the in secure and confidential electronic in the hour as we discuss this critically difference between life and death. records and computer systems so phy- important issue during this time this In a number of those cases, sadly, sicians can access them. And at the evening. those patients died. It was not from moment they are reviewing these

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It is not that places, no longer a situation where lab and so very pertinent. there is more money, although it is im- results never quite made it, no longer a I am an orthopedic surgeon, at least portant that there is more money situation where the doctor has to call I was before I came to Congress; and I going into something that really is not for repeat tests because he cannot find have a number of friends in the ortho- resulting in any better care for any- the x-ray or the CT scan or the MRI. pedic surgery field who practice in body. It is accessible to him or her, and Pennsylvania. They are clamoring for But the real question is we are lim- thereby not only does it save money young orthopedic surgeons to come to iting the access of quality care for pa- because tests do not have to be re- Pennsylvania. My understanding is tients across this Nation. You say, well peated, but it can call to the attention that there are no orthopedic surgeons how does that happen? Well, I want to of the physician significant findings. under the age of 35 in Pennsylvania. share with you a couple of examples, as One study that was published last year None. And if that is the case, as it is, we all have. My good friend from Geor- found about 14 percent of medical I think, in that specialty and in others, gia was an OB–GYN doctor for years records are missing some data. For ex- this is a crisis that we have that will and years, and delivered, I think, 5,000 ample, a physician may have called for take a generation or more to solve, un- or more babies. And right now we have lab tests, never got in the chart, per- less we act now. So I thank the gen- more counties in the State of Georgia haps the patient did not follow up and tleman for the information that he and more counties, frankly, in the Na- have it done. And a physician said in gave. tion that have no coverage by an OB many of those cases it would change As I mentioned, I am an orthopedic doctor, no coverage to deliver babies, greater in more counties now than we their diagnosis and what they would surgeon, and I am also a third-genera- had 10 years ago. call for for treatment of those patients. tion physician. So as the gentleman So we are going in the wrong direc- Does it save money? You bet. A Rand from Texas (Mr. CARTER) mentioned, tion. And you say well, now why is study report published a couple of the old time country doctor, well, that that? Did they forget how to deliver weeks ago said if we move toward elec- old time country doctor was my grand- babies? Well, certainly not. That is not tronic medical records and electronic father. Some of my earliest memories the answer. The answer is that OB doc- prescribing, we could save health care are of going with my grandfather on tors, in the field of OB, delivering a his rounds on the weekend. And rounds in America about $160 billion a year. baby is defined as a high-risk proce- for him did not mean going to the hos- And with the improved efficiency and dure. Delivering a normal baby is de- pital and seeing patients. They meant with the reduction in absenteeism in fined, for insurance purposes, as a high- going to patients’ homes. And I will the workplace, those numbers could go risk procedure. And there are more and never forget the wonder and the faith up to over $300 billion a year. more, because of the liability crisis, and really the love that was commu- Now, while we are facing an era of there are more and more OB doctors looking at ever-increasing health care nicated to him as he visited so many of who no longer do high-risk procedures. costs, where small businesses cannot those patients’ homes. My grandfather Therefore, they no longer deliver ba- afford them, or individuals and fami- never thought about malpractice insur- bies, which is something that those lies are wondering if they are going to ance or liability insurance. They never men and women trained to do. That be able to cover those health care dreamed of it. Never had to. was their craft. That was their calling, My father practiced for a number of costs, by doing such things as electric to deliver and care for women during years and saw so many changes, and I medical records and prescribing, we their pregnancy and to deliver those can actually provide the venue where- saw him lament those changes over a babies. So those women who live in by physicians, everybody in the health period of time. And I guess now the those counties now where there are no care field, could keep better track of question is not as physicians across our OB doctors to deliver babies do not what is happening. Nation, it really is not whether they have the access to care that they need One of the troubles is with the fear of will be sued, it is when. It is when they or that they had just a few short years liability, strange as it is, many times will be sued. And when you think about ago. hospitals are concerned if they start that as a matter of policy in our soci- In the field of radiology, there are gathering more of this data to show ety now, when will physicians be sued, some things that we do not even know them where the problems are, what a physician being sued, and you think as patients that we are missing or that they should begin to review, how they about that man or that woman who is we are losing. In the field of radiology, should change, for example, infection doing their doggonedest just to take there are a number of instances, the rates, et cetera, they are concerned care of people, and you think about issue of mammograms is important be- that someone is going to come in and what they have to deal with every sin- cause there are about 40 percent of the grab those records and start suing ev- gle day, when they are thinking about radiologists in this Nation who no erybody before the hospital can start the next time that they will be sued, or longer read mammograms, no longer to make some changes. if they will be sued or when they will read them. We have got to present a situation be sued, it changes how they relate to And so you ask the question, well, here where physicians and nurses and patients. It changes how they relate to did they forget how to read them? No, hospitals and administrators and pa- their job. It changes how they relate to they did not forget how to read them. tients are all working together towards their commitment to the work that They were taught in their training, patient safety. But to that end we not they do. certainly, how to read mammograms only need the patient safety issues; we And so we have a situation that must and do as well as anybody could do, also need the physicians practicing. be addressed. And it is imperative. The given the limits of the test, given the And I am joined tonight by another citizens of our country know that it limits the mammogram, which is one of our colleagues, the gentleman has got to be addressed. Here is some about, in the best of hands, 90 percent. from Georgia (Mr. PRICE), who is also polling that was done by Harris earlier The best radiologist reads a mammo- going to be able to speak from his own this year. It says 78 percent of Ameri- gram correctly 90 percent of the time. experience on these issues and how it is cans express concern that the sky- That is not because he or she does not critically important. So I would now rocketing medical liability costs could know how to read them. That is be- like to yield as much time as he may limit their ability to get the care when cause that is the limit of the test. That consume, if I may, to the gentleman they need it. And I think, as my col- is the limit of technology that we have. from Georgia (Mr. PRICE). leagues have said, the question really And so if a radiologist reads 40 mam- Mr. PRICE of Georgia. Madam is not the cost of malpractice or the mograms in a given day, 40 mammo- Speaker, I appreciate the opportunity cost of liability insurance to the doc- grams in a given day, it is likely that

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So the only him in an ambulance and get him to time at community health centers. answer for the radiologists and the another hospital. And that patient died A big example is the problems that only answer for the radiologist and his on the way to the next hospital. That just occurred down in the gulf coast or her family is to not perform that patient died because of our liability with the hurricanes. Many people procedure, not read that or interpret crisis in this Nation, and that death wanted to volunteer at community that test. That means that women will not show up in any statistic any- health centers, but if we do not provide across this Nation no longer have the where as being a result of our current some of these protections to make sure kind of access to interpretation of tort reform crisis, our system of liabil- they can provide excellent health care mammograms as they did 10 years ago. ity problems right now. Will not show and be there, we will not have enough. The same is true for pathologists and up anywhere. So that is another area I certainly Pap smears. Same kind of numbers. So access to care is being com- urge my colleagues to help us pass. I want to just give one more example promised. Quality of care is being com- With that, there are many other issues and then yield back because many of promised. We have a real crisis. Sev- to cover tonight. my colleagues have talked about it enty-eight percent of Americans under- Mr. CARTER. Madam Speaker, at this time we are joined by the gentle- being a matter of life and death, and it stand that. And what do they want woman from Tennessee (Mrs. BLACK- truly is. And I want to relate a story done? Seventy-three percent of Ameri- BURN), one of our wonderful colleagues, that highlights, I think, the imperative cans want their elected representatives a real asset to this House, and at this for us solving this crisis and this chal- in Washington to support comprehen- time I yield to the gentlewoman from lenge before us because it is a matter sive medical liability reform. That is of life and death. Tennessee (Mrs. BLACKBURN). the take-home message, that is the Mrs. BLACKBURN. Madam Speaker, People are dying because we have, as take-home message for our colleagues a national policy, a court system, a I thank the gentleman from Texas for who have acted responsibly here in the yielding, and I thank him for orga- legal system that does not allow indi- House over and over. It is the take- viduals appropriate access to quality nizing this hour tonight and for the home message for our friends on the work he has put into this issue and how patient care. And the example goes to Senate side to make certain that they wonderful that our colleagues here in the issue that the gentleman from act on H.R. 5 and act soon, quickly, as this body and that the American people Pennsylvania (Mr. MURPHY) and the rapidly as they can in order to save can hear from the gentleman from gentleman from Texas (Mr. CARTER) lives and in order to ensure quality Georgia (Mr. PRICE) and the gentleman talked about, and that is the issue of care. from Pennsylvania (Mr. MURPHY) and neurosurgery. And it happens with With that, I thank the gentleman the gentleman from Georgia (Mr. other specialties, but with neuro- from Pennsylvania (Mr. MURPHY) so GINGREY) and the gentleman from surgeons, individuals who take care of very much, the gentleman from Texas Texas (Mr. CARTER) and hear how Mem- problems with the brain, that they are (Mr. CARTER), the gentleman from bers of this body, Members who have on the front lines for some of those in- Georgia (Mr. GINGREY) for allowing me served as a part of our legal and judi- credible crises in individual’s lives, to participate in this discussion to- cial system, Members who are health when action is needed immediately. night. We ought to stand up here every care providers address this situation And if action does not occur imme- night and give this message until this and realize the need to address medical diately, then there are severe con- work gets done. Thank you so much. liability here in this country. sequences; and oftentimes the con- Mr. MURPHY. Madam Speaker, I I think it is worthy, too, that we sequence is loss of life. thank the gentleman for yielding back. hear from consumers in this debate, There was an individual that came to And before I yield back to the gen- and being a health care consumer is a hospital in the metropolitan Atlanta tleman from Texas (Mr. CARTER), I just something that is important to me and area, a young man in his young 40s and want to mention one other thing too important to so many of my constitu- he had fallen and he had hit his head because while we are talking about ents in Tennessee. and he knew that something was not these protections and hearing the trag- The gentleman from Georgia (Mr. just right and so he drove himself to ic story that the gentleman from Geor- PRICE) had mentioned the Harris poll, the hospital. And he arrived at the hos- gia (Mr. PRICE) mentioned, another bill and I think the results of this poll are pital, and because of the liability cri- that I put in, H.R. 1313, is one that so reflective of what we hear from our sis, there were no neurosurgeons on would also help us with the uninsured constituents. Seventy-eight percent of call, which means that there are no and underinsured. One of the issues the the individuals polled in the Harris poll neurosurgeons that the emergency President has committed to putting talked about medical liability costs room physician could call in the event more funding in is community health and expecting Congress to do some- of an emergency or a crisis. They centers, community health centers thing to address that issue, 78 percent. would have to transfer those patients where people pay a sliding fee scale Seventy-three percent want us to make elsewhere. supported by the local community medical malpractice reform a top issue Well, this patient, this gentleman which provides more close access for for the U.S. House of Representatives, came to the emergency room, was seen people who are uninsured and under- and they do that because they see this by the emergency room physician, was insured. as a freedom issue, a freedom for them appropriately diagnosed as having to choose who they want to be their 2215 what is called a subdural hematoma, b doctor, who they want to take care of which is a bleed within the brain. It is We have situations there where phy- them, to have access to the health care a blood clot within the brain, and it sicians who were paid or hired by these that they know is there and available, can put pressure on the brain and it clinics are covered by the Federal Li- but because of a litigious society and a can kill you. The treatment for it is ability Act where they may not go in legal system that many times is out of relatively simple. It is relatively sim- front of a jury trial, but the judge will control, is not available. ple to relieve that pressure, but it is decide what happened if there was a I will have to tell my colleagues I done by a neurosurgeon. In this hos- problem there. had a constituent in a town hall meet- pital there were no neurosurgeons on The sad thing about it is if a physi- ing recently stop the town hall meet- call, no neurosurgeons available; and cian, if a nurse or psychologist or podi- ing when we got to this, stand up and

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22427 say, I have got something to say. He But anyway, I used to go deer hunt- sion. Let us first let the gentleman said I think when it comes to lawyers ing with this fellow, called him Joe, from Georgia (Mr. GINGREY) talk a lit- suing doctors that we ought to have a and about 10 years later, I ran into him tle bit about this bill, and then the law. He said, a doctor cannot diagnose kind of on the street. I said, hey, Joe, gentleman from Pennsylvania (Mr. you; he cannot give you any medicine what is going on; what are you doing? MURPHY) wants to talk about some unless he has a face-to-face meeting He said, oh, I got me a job. I said, what stuff. with you and checks you out. I think do you do? He said, I am a suer. I said, Mr. GINGREY. Madam Speaker, I the same thing ought to apply to these a what? I thought he works for the thank the gentleman for yielding, and lawyers, that they thought to have a sewer, is that what he said? He said no, H.R. 5, the HEALTH Act of 2005, the face-to-face meeting and get to know I am a suer. I said, what in the world is same bill I said earlier in the evening these patients before that lawyer can a suer? He said, I get out in my old car that the 107th, the 108th twice, and now help that patient sue that doctor. out on the highway, slam on my brakes the 109th have passed in this body, and That is sometimes the frustration and somebody runs into the back of by the way, the gentleman from Geor- that we hear and good common sense me; I slap a collar around my neck and gia (Mr. PRICE), the orthopedic sur- that people bring forward. This is what I sue him. I thought he was joking. I geon, was talking earlier in his presen- we are hearing from the consumers of laughed. I thought that was a funny tation and showed a poster with the this Nation, from our citizens, from thing for a fellow to say, until I ran pretty alarming statistic that 78 per- our constituents: Address this because into a guy that I knew who knew him cent of the American public want us to it is a freedom issue. It is a freedom well, and he said, no, well, that is what do something about this crisis because issue for physicians who want to prac- he does. That is what he does. they want to be able rather than sue tice the skill that they have been That is an attitude about our court their doctor to see their doctor. trained to do. It is a freedom of access system that has got to change, and it So those Members either in this body issue for our constituents. has got to change. If necessary, we or the other body, on both sides of the Our constituents know that because have to turn this world around. That is aisle, I say to my colleagues, if you are of the liability crisis in this great Na- why juries go crazy on these verdicts. poll driven, this is a no-brainer. This is tion that their hospital choices are I will tell my colleagues another a slam dunk winner of an issue, but limited; that their physician choices story. even if the statistics were not there, it are limited; that they are having to Mr. GINGREY. Madam Speaker, if is the right thing to do. It is the right drive further distances; that health the gentleman would yield before he thing to do. care is not as available, especially in starts that next story, the point the I would say to our colleagues in the our rural and underserved areas. I tell gentleman is making, and I think it is other body, and I know that we are not my colleagues, if that hospital is 60 a good one, is that in this current cli- supposed to stand over here and criti- miles away, many times it might as mate, it is easier to sue your doctor cize the other body, and I will not do than to see your doctor. Clearly, there well be 600 miles away because it is so that, but I am awfully frustrated. I am is something wrong with that picture. difficult to get to. terribly frustrated that we have ad- So I really want to thank the leader- Mr. CARTER. Absolutely, absolutely. dressed this issue, this same bill, every ship of this House. I want to thank the You have to stand in line a lot longer provision identical, for the last three gentleman from Georgia (Mr. GINGREY) to see him than to sue him. Congresses, and yet, the other body, for and the gentleman from Texas (Mr. This other fellow, friend of mine, was some reason, I will let my colleagues CARTER) and the gentleman from Penn- a cigarette smoker, and this was back figure out why, but for some reason, sylvania (Mr. MURPHY) and the gen- many years ago. He was sitting there. they are not addressing this issue. I tleman from Georgia (Mr. PRICE) for He is a prolific reader. He said, I have bringing their expertise to bear in this decided how I am going to retire as would literally beg them on behalf of body and bringing attention to the soon as I get out of college. This was my patients, our patients, to address medical liability crisis and to the need back when I was in college. I said, this issue because the statistics are to move forward, complete addressing okay, John, how are you going to re- clearly there, but it is the right thing H.R. 5 and taking a lead in the medical tire? He said, well, I read an article to do. malpractice/medical liability issue. that said that the reason people smoke Mr. MURPHY. Madam Speaker, if the Mr. CARTER. Madam Speaker, I is because they were weaned too soon. gentleman would yield, I would like to thank the congresswoman for her com- He said, so I smoke three packs of ciga- say to our colleagues, ask him to point ments. The congresswoman is always rettes a day. At that time cigarettes out a couple of the issues here. In par- willing to stand up for the people in cost about 35 cents a pack. He would ticular, let me raise one that some peo- her district and talk about the people get rich today on his plan. He said, so ple say. Does this bill protect physi- of her district, and she never fails to I have added up how many packages of cians who may perhaps be practicing tell us a story about the people in her cigarettes I think I am going to smoke out of their realm of expertise or really district. in my lifetime, and I happen to know doing wrong? Does this allow these I want to tell my colleagues a couple the reason my mother weaned me soon physicians to continue practicing? of stories. I want to tell my colleagues, is because her doctor gave her that ad- Mr. GINGREY. Well, yes, and of in 21 years on the bench, I have seen an vice. He said, so I am going to sue my course, the good judge certainly knows awful lot of people who really have the mother and my doctor because I this. I am sure he has seen it in his attitude that suing people is kind of a smoke. He said, and I think I can get $1 courtroom many times. profession. I want to tell my colleague million out of that deal, by the way, by But the issue that is brought up a lot true stories, and these are both abso- my calculation. of times is, well, gosh, you are about to lutely true stories, but I am not going That was a joke, but it does underlie take away an injured person’s right to to use the people’s names because, as how people view the court systems and a redress of their grievances; you are far as I know, they are both still alive. the lawsuits that people perceive that going to take away their day in court. Hey, I do not know, they might even be can be heard. Now we are having people That is absolutely not true, and I am watching. wanting to sue hamburger people for so glad that the gentleman from Penn- I have this one friend that I worked obesity. They are wanting to sue sylvania (Mr. MURPHY) brought that to with many years ago down in the Texas schools for the vending machines that our attention. legislature when I was working for the are in the schools, and of course, they We are talking about in the major staff down at the legislature as a young are suing the doctors for everything provision of this bill, which is pat- lawyer. When I talk about this, I am a under the sun. It is amazing. It is abso- terned, modeled after the California lawyer and practiced law for about 12 lutely amazing. bill on tort reform in the late 1970s years before I went on the bench. So I I think what we will do here is let us that stabilized the market and health am not picking on lawyers here. just open this up to a general discus- care delivery system in that State, is a

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22428 CONGRESSIONAL RECORD—HOUSE October 6, 2005 cap on so-called pain and suffering people of their State. They are no I want to draw upon the judge’s knowl- awards or what we call noneconomic, longer practicing physicians, so they edge and experience, as well as that of at some figure. In our bill, it is $250,000. are not doing this because they are the prime sponsor, the gentleman from Some States have addressed that, and reaching into their pocketbooks, but Georgia (Mr. GINGREY). maybe it is $350,000. they are doing this because they know There are two elements that are im- In some instances, if there are more there is an abuse here that needs to be portant to note. One, this bill does not than one defendant in a case, and I can rectified, and this stands for the Sen- preempt, if States have their own caps tell my colleagues and I know my two ate as well as the House. These doctors on punitive damages, or noneconomic colleagues here with me this evening do not practice their profession while damages. If States have higher or lower know this, but in almost every case they are serving in the Congress. limits, out of respect for the Tenth there are multiple defendants. So let us Mr. GINGREY. If the gentleman will Amendment, States’ rights, the Fed- say the cap on noneconomic was yield on that point. Clearly, as the general law would not preempt that in any $350,000, and you had two or three de- tleman from Texas points out, there way, shape, or form, which is very im- fendants, then that award in itself, not are those of us that you have met here portant. counting any economic damages, is this evening who are health care pro- It also deals with the issue of joint over $1 million dollar. fessionals in our former life but now and several liability, as I understand. Mr. MURPHY. Madam Speaker, if the are Members of Congress. And while we That is to say that sometimes what gentleman would yield, a question on know of individual anecdotal cases, happens is someone will go after what that. Another question is what if the maybe friends of ours who have got a is known as the deep pockets. If a per- patient perhaps needs rehabilitation problem in regard to a frivolous lawson is only a couple percent responsible costs, other medical care, would the suit or something, what is more impor- for something, perhaps the hospital gentleman point out what this bill does tant now is for us to have a view from would be sued, even though the hos- if a person has ongoing medical needs 30,000 feet, as the expression would go. pital had a very, very limited role in as a consequence? My understanding is Because as my colleague, the gen- something, or a doctor with a very limited role, maybe just another surgeon it does not limit it and the patient tleman from Texas (Mr. CARTER) points could get that ongoing care. out, we have an obligation and a duty who was asked to come in and check up Mr. GINGREY. Madam Speaker, in to every patient-citizen, 285 million in on the patient but that may be the per- fact, the gentleman from Texas (Mr. this country, and not just the 630,000 or son who has the most coverage, so they would sue that individual. This really CARTER) may want to address that as so in our congressional districts or the protects them and makes sure it is to how a calculation is made in a court doctors who we practiced with when we based upon their actual responsibility of law in regard to making a patient were in that profession. So my colleague is absolutely right. in the case. whole, the so-called economic awards Am I right on that? based on income and loss of income. We have to look at that big picture. Mr. GINGREY. The gentleman from Mr. CARTER. If the gentleman will Mr. CARTER. Add future medical Pennsylvania is absolutely right. A yield back for a moment. As we talk care. By my understanding, this bill perfect example: Dr. Jones asks Dr. about lawsuit abuse, right now we are does not limit any amount of medical Smith to look in on her patient on care that has already been expended talking about doctors, but you can talk Sunday morning because she was going nor any projected needs in medical to your small businessman and ask him to be at church for a couple of hours. care in the future including, as you what he pays for the insurance cov- Dr. Smith goes by the room, waves to say, rehabilitation. Even mental health erage because of liability factors that the patient and says, how are you issues could be addressed. If there is influence whatever business he is in. doing? Is everything okay? Dr. Jones proof of the necessity, this can be car- He can be in the manufacturing busi- wanted me to look in on you. The pa- ried forward, and it is not limiting it. ness, he can be a consultant, he can be tient is fine, but in a subsequent time, It is that undefinable pain and suf- an engineer, an architect, or a lawyer. a day or two, all of a sudden the pa- fering issue that can allow people to There is not a small businessman or a tient’s health deteriorates. break the bank at Monte Carlo with profession in America that is not fac- Now, it has nothing to do with this their judgment and get $1 billion in ing the possibility of frivolous lawsuits doctor that was covering for 2 hours so that category. that can cause them major damage in his colleague could attend services at their business. b 2230 her church, yet that doctor gets named In fact, lawsuits have become a tool along with the primary defendant, who A billion dollars has been awarded in of competition in America today in the may or may not have had some signifi- the past. Many times multimillions of business community. There are people cant responsibility or liability. But dollars have been awarded for pain and and organizations who actually try to they are judged just as culpable, as the suffering. That is the issue. That is the drive a person out of business by filing gentleman from Pennsylvania points real issue in a nutshell. frivolous lawsuits against them, know- out, and maybe more culpable, particu- Something needs to be mentioned ing it will cost them $25,000 to $50,000 larly if they happen to have the most here. We have had a lot of doctors come to defend them. They come back and insurance or the deepest pockets. That in here, and some people watching they come back and they come back is what he is referring to when he says might be thinking, of course, these again, and, thus, ultimately, the small this joint and several liability. doctors are in the business; of course businessman finally throws up his This bill, as my colleague alleges, they want to do this. Well, these doc- hands and says, I cannot pay these at- eliminates that provision and it tors are not in the business. These doc- torneys fees any more. My insurance changes it to several liability, so that tors have left the practice of medicine people will not cover me any more, and a person who maybe has some minor to come to Congress. And I think in so I am getting out of this business. participation in a case that goes south, many instances they came to Congress That is happening. It probably hap- where the patient does not do well and because they had a voice that needed pened in this Nation while I was talk- is injured, and maybe there is some to be heard on many issues, including ing tonight. practice below the standard of care, this issue here. Fair redress is what we ought to have they are only culpable for a pro rata I know I have become very close with in the courts; fair disputes settled be- percentage of that. And that is the way many of the doctors, the gentleman tween two parties. But using the court it should be, and not liable based on from Georgia (Mr. GINGREY) being the as a weapon to direct people, whether the amount of malpractice coverage prime example, and they are here be- it be in business, in politics, or in a they have. And I really appreciate the cause they care about multiple issues profession, is wrong. gentleman for bringing that up. affecting their people back home, and Mr. MURPHY. If the gentleman will The other thing that I think is im- they are here to represent all of the yield, there are a couple of points that portant to mention, is that a major

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22429 provision of this bill is something urge my colleagues on both sides of the Mr. Speaker, I took the opportunity called collateral source disclosure. The aisle to stand up and be counted by to go on to the White House Web site. gentleman from Texas, just a few min- casting their vote for fairness. I also Mr. MEEK. Mr. Speaker, I ask unani- utes ago, was talking about economic urge our colleagues in the other body mous consent to submit for the RECORD awards, and if a person needs some ad- to address this issue and cast their the information I will be referring to ditional surgery or they need addi- vote for fairness in the American jus- regarding the White House Web site. tional testing to make them whole be- tice system. If we instigate and create The SPEAKER pro tempore (Mr. cause of some injury, then there is fairness, we will have done the will of CARTER). Is there objection to the re- compensation for that. As an example, the framers and the will of the Amer- quest of the gentleman from Florida? lost income, lost wages because an in- ican people. There was no objection. dividual cannot work. But suppose that f Mr. MEEK of Florida. Mr. Speaker, I know the President put forth a task plaintiff has a disability income policy 30-SOMETHING WORKING GROUP that covers 90 percent of their income force with his homeland security ad- for the rest of their life if they remain The SPEAKER pro tempore (Mrs. viser as the head of it. He mentioned disabled. Suppose that person has the SCHMIDT). Under the Speaker’s an- this in an announcement, and I as- best first dollar health insurance pol- nounced policy of January 4, 2005, the sumed that it would be something icy that money can buy that covers gentleman from Florida (Mr. MEEK) is where this task force would actually any additional medical expense and re- recognized for 60 minutes as the des- have some findings which would come habilitation expense, such as durable ignee of the minority leader. back to not only the Congress but to Mr. MEEK of Florida. Madam Speak- medical equipment, power wheelchairs, the American people. So I checked out er, once again it is an honor to come or whatever. Then that needs to be dis- the White House Web site, at White- before the House. We would also like to closed to the jury so that we do not House.gov, if any of the Members in thank the Democratic leader for allow- have this situation, Madam Speaker, of their offices want to go on to that Web ing us to come to the floor. what I consider double dipping. We usually have a 30-something site to find out what is there and what It is a fairness issue. And as we said Working Group, which has now picked is not there. at the outset, that is all we are talking up on many new purposes, and tonight, This is actually the front page of the about. We want to make sure that once again, we have the opportunity to Web site. It has a lot of things on here. those that are injured get justly com- come to the floor on behalf of the It talks about what the President is pensated, but we do not want, as my American people, to inform the Mem- doing, about press briefings, and a colleague from Texas said, this civil bers, and to make the process better. number of other things, such as the justice system to become a lottery in With us tonight we have the gentleman war on terror. There is a little box the minds of individuals. Because that from New Jersey (Mr. PALLONE), who is down here that says Hurricane Relief is where we get to the situation where an outstanding Member of this body, Efforts. You click on that and then indeed it is easier to sue your doctor and I am also joined by the gentleman move over to this particular page here. than to see your doctor. And I yield from Ohio (Mr. RYAN), and I know oth- b 2245 back to the gentleman from Texas. ers will be coming. Madam Speaker, it goes on. The Mr. CARTER. Madam Speaker, I I just want to say that usually we President is hugging emergency man- thank the gentleman for yielding and deal with issues that are facing young agement personnel in Texas. That is for his comments. What we are talking people, but today there are a number of fine. We want to commend those Amer- about tonight is a climate that has de- issues that are facing Americans in icans who are doing what they are sup- veloped over a long period of time in general and I am very, very concerned posed to be doing. It talks about a our court system. It is a climate which about not only what is going on here in was never designed or anticipated by Washington, D.C. but also what is not number of things, speeches in the news, the founders of our Nation; that our going on, and I think it is important to Federal Government Hurricane Rita courts would become a weapon to bat- talk about those issues in this democ- preparedness. It goes on further down ter someone into submission; that our racy that so many Americans have lost the page, which is the first page if you courts would become a tool of business; their lives for, that so many Americans are looking at it on the computer, that our courts would become a slot have lost limbs and their mobility to President Bush declares a state of machine where individuals could pull allow us to come to this floor to rep- emergency for the States of Louisiana the handle and receive big benefits. resent them and represent everyday and Texas. It goes on and talks about I love our court system, and I think Americans. his major speeches. our court system has the potential to Madam Speaker, we talked last week Madam Speaker, the point is that the be fair, impartial, and to resolve griev- about the issue of the independent President mentions nothing about this ances for every American citizen. I commission, and I think it is impor- review, what went wrong, where it think the court system works hard to tant that we look at this independent went wrong, and why it went wrong. see that it does just that. But there are commission and look into what hap- We know that hurricanes and natural issues and attitudes of the American pened not only with regard to Hurri- disasters are acts of God; but we also people that we can only change by re- cane Katrina but Hurricane Rita. I know in the case of Hurricane Katrina, directing the thought pattern of ‘‘I am strongly believe that we can do a lot and I can tell Members there are some going to get rich on this lawsuit,’’ more than what we are doing right who came to the Capitol today saying rather than the fairer thought process now. that in the case of Hurricane Rita, and of ‘‘I am going to recover for how I was I know there is a committee that is we will be voting on the energy bill to- damaged and how I suffered.’’ That is looking into this effort, but it is not a morrow, one Member said it is the what we are looking here for. bipartisan committee. And once again I worst bill we have seen in 7 months, I think that every American is look- want to go on the record commending and I can tell Members there are some ing to his or her government to be the Democratic leader for not making real issues that are going on in that treated fairly. I think it is our respon- appointments to that committee, and I bill that we will talk about a little sibility here as Members of Congress to will discuss the reasons why later. I later. try to do everything we can to make think also tonight we will talk about Madam Speaker, I think it is impor- sure that all who appear in the courts what is happening here in Washington, tant that the American people under- get fair justice. D.C., or what is not happening here in stand that I believe we are not taking So I thank the Chair for being willing Washington, D.C., and I think we will this issue seriously. The 9/11 Commis- to listen to us tonight and to hear our help crystallize this not only for the sion came out saying that many of discussion about lawsuit abuse and in Members but also for the American their recommendations were not en- particular medical malpractice, and I people. acted, such as intraoperability to allow

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22430 CONGRESSIONAL RECORD—HOUSE October 6, 2005 emergency workers to talk to one an- what the mistakes were, because at the public demand that the administration other. We had Coast Guard people who end of the day, this is about fixing the and Congress get real about Hurricane could not talk to the 82nd Airborne. We problem because that could have been, Katrina. had local police officers who could not that very well could have been a bio- So the point I am trying to make is talk to one another because we did not logical attack in New Orleans. And the it is not just the New York Times. do what we were supposed to do years response was terrible. So why would we Every major editorial I have seen in after 9/11. want the Republican majority to over- every paper around the country has I can tell Members, the number of see the Republican mistakes and ex- said there should be an independent Democratic amendments to come up pect at the end of the day that we are commission because obviously when with intraoperability to make sure going to get an honest assessment. It you have one-party rule, which is what that emergency workers can talk to just does not make any sense. we have here in Washington, they can- one another was voted down on a Madam Speaker, I want to welcome not possibly investigate themselves. party-line basis. I want to make sure the gentleman from New Jersey (Mr. There has got to be some Democrats, that everybody understands what is PALLONE) to the 30-something Group. some representatives from the other not going on here in Washington. This Mr. PALLONE. Mr. Speaker, I thank side of the aisle so the real face of this is not only national security; it is re- the gentleman from Florida (Mr. MEEK) cronyism or cultural corruption is un- sponding to the Federal taxpayer in and the gentleman from Ohio (Mr. veiled. the way that they deserve, the State, RYAN). I forgot when I came down here If they have nothing to hide, there is local and Federal response. But we will that this was the 30-something Group. no problem with an independent com- never know because this Congress It is going to have to be the 50-some- mission. It is because they have some- would not allow an independent com- thing Group in my case. I know you thing to hide. Every day in the papers mission to take place. have been down here talking about there is more and more about govern- Madam Speaker, I yield to the gen- issues that are important to young ment contracts, no-bid contracts, tleman from Ohio (Mr. RYAN). people, and of course the issue you are things going to friends of the President Mr. RYAN of Ohio. Madam Speaker, I talking about tonight is important to and the Vice President. It is this cul- appreciate the words of the gentleman all of us. ture of corruption that they are trying from Florida (Mr. MEEK). I think we I want to say very bluntly that the to hide. That is why they do not want need to be absolutely clear that after reason that the Republicans do not to do this independent commission. all this time when we are talking about want this independent investigation is We have to keep talking about this the committee that passed out of this because of a coverup. Essentially, they because it is getting to be more and House, this is a committee, 11 to 9, Re- want to whitewash what they are more obvious every day that there is a publicans 11, Democrats 9; and what we doing. We have a whole culture here of coverup, they do not want to show are arguing from our side of the aisle, corruption and cronyism in D.C. with what is going on, the no bids and ev- why not have an independent commis- the Republican Party. I think it has erything else, that keeps surfacing sion like for 9/11. That was a commis- become quite evident to people outside every day in the media. sion that worked, that solved prob- of the Beltway there is a coverup, and Mr. RYAN of Ohio. Madam Speaker, I lems, and that was bipartisan. Why they do not want people to know what think it is not only the corruption, and would we not want that to happen is going on here. I think all of us here choose that word again. We have seen time and time The most devastating example of this very carefully. I do not think that is again, over the past 5 years in par- cronyism comes from the faces of the the kind of word you just throw around ticular, when there was no check on displaced and those left behind in New here, because that is not right. But the Republican power in the House and Orleans in the days following Hurri- time after time after time, the White the Senate, that time and time again cane Katrina. House, the White House, the procure- we have been getting bad information There was an editorial in the New ment office, the FBI leaks, what we from the leadership here in the House York Times, September 26, that kind of have here going on in the House, the of Representatives, the Republican sums it up in terms of why they do not Senate, we have a whole Martha Stew- leadership. We have been getting bad want this independent investigation art scandal going on in the Senate. All information. If you want to talk about into Hurricane Katrina, and it is called of these things add up. At some point the war, bad information. Why would ‘‘Faking the Katrina Inquiry.’’ you have to use the ‘‘C’’ word because we want the Republican majority in It says that the White House and Re- it keeps coming and coming and com- Congress to oversee the information publican-controlled Congress resisting ing. and the intelligence and everything popular support for an independent But the problem for the American else that came from the war. It is the nonpartisan commission remain deter- people is that the corruption leads to fox guarding the hen house. mined to run self-serving, bogus inves- incompetence and an inability to gov- And when we talk about the Medi- tigations. They mention in the edi- ern. This side has proven time and time care prescription drug bill, it started torial the case of David Safavian, who again that they do not know how to out $400 billion. That is all it is going I noticed in today’s Washington Post govern in the United States of Amer- to cost. Then we find out months later was indicted, and this guy was the ica. it was $700 billion. Why would we want White House’s top Federal procurement You look at Hurricane Katrina, the the majority party who originally gave official. He was already enmeshed in economy, education, health care, gas us the bad information to then oversee the lucrative gulf coast rebuilding prices, energy, pick a topic. It is in- the investigation into the bad informa- plans when he had to resign abruptly competence, and they cannot handle tion that they gave us in the first to face arrest on charges of obstructing the levers of government. place. justice and a deepening investigation Madam Speaker, I welcome the gen- After Hurricane Katrina, after one of into lobbyist corruption in Wash- tlewoman from Florida (Ms. WASSER- the great national and natural disas- ington. MAN SCHULTZ). ters in the history of the United States What the New York Times essen- Ms. WASSERMAN SCHULTZ. of America, decimated FEMA, terrible tially says at the end of their editorial Madam Speaker, it is great to see that response on all levels, there is plenty of is there is no way to whitewash a hur- our ranks are expanding, in more ways blame to go around, Federal, State and ricane. A government dominated by than one in the 30-something Group, local, why would we want the party one party should be disqualified from just a little ribbing to the gentleman who is in charge to oversee their own investigating itself. Just as President from New Jersey (Mr. PALLONE). investigation. Bush repeatedly fought the creation of We have been talking about this for Give the American people an honest the 9/11 Commission until public pres- the last couple of weeks, and it is al- assessment of how things worked and sure forced him to yield, so should the most hard to pick a jumping off point

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22431 when it comes to the culture of corrup- going to be held responsible for what middle class tax cuts. There is no dis- tion and cronyism that goes on here. I has happened with regard to the def- cussion on that on the majority side, am the newest one of us, so I sort of icit, what has happened as it relates to and I think it is important that we have the freshest look. I was so hopeful a war where they embellished the rea- highlight the hypocrisy in democracy. when I came here 10 months ago that son for why we went to war. There are about ten stories here, and I know folks can go to we would be able to come together in a b 2300 spirit of bipartisanship and that of all Washingtonpost.com. This is just one types of investigations, of any inves- We are going to give this to the Clerk paper I picked up this morning. As it tigation, that the investigation of the and make sure this appears in the CON- relates to the CIA chief, it goes on: On aftermath of Hurricane Katrina would GRESSIONAL RECORD: ‘‘Spy probe widens A–11, it talks about Porter Goss, and be one that you would think would be to cover aides to the White House serv- this is very interesting. The President a no-brainer as far as bipartisanship. It ice.’’ This is as it relates to the outing said that we should have an internal has to be similar to the 9/11 inde- of CIA agents and sharing information investigation. Why do we need a 9/11 pendent commission, and it is not just with foreign governments: ‘‘CIA Re- Commission? Okay. The internal inves- about that we need Democrats and Re- jects Discipline for 9/11 Failures.’’ tigation took place between Senator publicans. It is that we need no par- ‘‘Goss,’’ who is the CIA Director, GRAHAM over on the other side, head of tisanship involved in the aftermath of ‘‘cites fear of hurting the agency.’’ the Select Committee on Intelligence Hurricane Katrina, the investigation of That is also on the front page. at that time, and Porter Goss, who is Hurricane Katrina. I am just going to go a little further now the Director of the CIA, was head The analogy we have been using on on because this is too much to over- of the House Permanent Select Com- the floor is having a committee in the look and if we do not talk about it here mittee on Intelligence. Part of the Congress that is lopsided in terms of in the Congress, then who will? ‘‘Ex- charge for that was to look at individ- partisanship and internal and not inde- White House Aide Indicted’’ for lying uals no matter what level and ask the pendent investigating Hurricane to Federal investigators. This is seri- Inspector General, and that is the indi- Katrina’s aftermath would be like say- ous stuff. It goes on. ‘‘GOP Divided vidual that is outside of the CIA auton- ing that the Enron executives or the Over Range of Severity of Spending omy. People are not supposed to be Tyco executives should be allowed to Cuts.’’ able to reach him and touch him, not investigate themselves and determine I want to yield here for a second as supposed to be able to intimidate him. what happened and report back to the we move along. We were on this floor The Congress passed a bill saying he public or the Federal Government as to supplemental after supplemental, bor- should investigate this, come back what happened. rowing to be able to pay for the war in with findings, and if there is a break- I think that people would be pretty Iraq. We all want to protect our men down in management or something outraged if we allowed the Enron CEO and women in uniform. I tell my col- that was overlooked, then those, no to handle their own investigation. leagues I am first in line, and I am matter what level, should be held re- Back in 1994, I was serving in the pretty sure many of us are. I know the sponsible. The Inspector General did Florida House of Representatives with gentleman from Ohio (Mr. RYAN) and I his job. He came back with a report, the gentleman from Florida (Mr. serve on the Committee on Armed and today or yesterday, the CIA Direc- MEEK), and I remember when Mr. Ging- Services. This is what we do every day: tor, appointed by the President, said, rich took the floor repeatedly and make sure that our troops are pro- oh, well, we are not going to do any- pointed then to what he called an arro- tected. But I can tell my colleagues thing about that. We are not going to gance of power. I have to tell Members right now, when it came down to giving hold those individuals accountable. it did not take them very long to come money for chasing weapons of mass de- George Tenet, who was the Director of full circle and be kings of the hill of struction that were not there, an im- the CIA at the time of 9/11, also who that arrogance. They have literally de- minent threat to the United States of won the Medal of Freedom from the fined the word. America that was not there, but now it President, that he will not be held re- We have reached a point now where is an imminent threat due to the fact sponsible or anybody under him. So the what they pointed to that they said de- that it is the seed of terrorism right CIA Director said he will see to it that veloped over 40 years, it only took now. Individuals are going in there. that report stays secret even though, them 10. So they have a much shorter They are going after Americans, and Mr. Speaker, Americans lost their learning curve than some of our prede- they are trying to fight against our lives. And that is the part that gets cessors. The cronyism and the corrup- troops that are there that were origi- under my skin. I do not represent New tion has got to stop. We could go nally there for weapons of mass de- York. The gentleman from New Jersey through a long list of people hired who struction, but that is another point. (Mr. PALLONE) represents some of the were totally unqualified for the posi- Now it comes down to making sure victims of 9/11. tions they were appointed to. And then that we respond to Americans that Mr. PALLONE. Two hundred died. to add insult to injury, also engaged in have paid their taxes, that many of Mr. MEEK of Florida. Two hundred corrupt activity during their tenure, their children are at war right now ei- died. His constituents died. And how one of whom, Mr. Safavian, was just ar- ther in Afghanistan or Iraq, that now dare the CIA Director or the President rested, just indicted, and he was in the majority, the Republicans on the or the Congress sit by and watch this charge of procurement at the White majority side, and not all of them, but happen. All of those lives, firefighters, House. I will say the individuals that are run- police officers, individuals who just Mr. MEEK of Florida. Madam Speak- ning the show on the other side, the said, I am going to work today, folks er, there are a couple of articles that I leadership, they now want to say, well, that have lost loved ones, we are going want to enter into the CONGRESSIONAL we have to look at cuts and we have to to say, oh, well, we passed legislation, RECORD because I think it is impor- off-balance some issues. Let us look at but we are not willing to stand by it. tant. I think it is important for us to this. They are looking at cuts as it re- Mr. Speaker, I am saying this to understand that this is just one day lates to things like Head Start, Title I, make a point that this leadership and here in Washington, and I think it is meals for poor children. this administration, and there were Re- important for Members to understand So we want to take from the poor to publicans, Democrats, Independents, that we are not here at 11 p.m. at night give to the poor in the light of being a even individuals who said, I am not talking about the Pallone, Wasserman fiscal conservative, and then at the voting because I do not care about the Schultz, Ryan Report. This is actually same time, we have got billionaires, political process, there are individuals happening. This is what is happening in billionaires. No one is saying anything that died here and this is not dealing our democracy. The 107th Congress, about them. No one is saying anything with the issue of, oh, well, they are a 108th Congress, and 109th Congress are about the tax cuts for billionaires, not bunch of Democrats that died and

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But I This is something that we have all leading Democrats, ranking member on want to make sure to highlight it for the time with these incompetent peo- the Committee on Government Reform. the Clerk so they can enter it into the ple that are appointed to these agen- It just makes sense that if someone is CONGRESSIONAL RECORD. There are cou- cies. They want to change the science. appointed to a position where they are ple of other stories that I want to get We cannot even rely on the science be- going to be making decisions about to, to share with the Members, because cause they want to change it. public health and safety, they have to I want to make sure that we are all Mr. RYAN of Ohio. If they don’t like have some expertise for that position. paying attention to what is going on the science, change the science. So far, the Republicans have been re- because, when all is said and historians Mr. PALLONE. Madam Speaker, I sisting that and are not willing to go look at the 109th Congress on who was know that when we heard about Mi- along with the gentleman from Califor- doing what and who stood by and chael Brown, the head of FEMA, and nia’s (Mr. WAXMAN) proposal. watched it happen, I want to make sure everybody knows how incompetent he Mr. RYAN of Ohio. Save their polit- that people know that many of us in was and what he did in the aftermath ical appointments for the ambassador- this Congress were on the side of say- of the hurricane, basically did nothing, ships with a lot of beachfront property. ing that we were about doing the right made things even worse, I think people That is where they put their political thing, that we wanted to make sure initially thought maybe he is an excep- people. And we understand that hap- that things happened. tion. But what we are finding every pens. Do not put them in charge of Madam Speaker, I yield to the gen- day is that this is what this Bush ad- FEMA. Do not put them in a position tleman from New Jersey (Mr. PAL- ministration does. They are constantly where if they do not like the science, LONE). appointing people who are not qualified then change the science. Mr. PALLONE. Madam Speaker, I to their positions. Mr. PALLONE. The Food and Drug know that the gentleman could have Mr. RYAN of Ohio. Madam Speaker, Administration. continued to the Federal page that has will the gentleman yield? Mr. RYAN of Ohio. FDA? They have a few more articles like this, but I just Mr. MEEK of Florida. I yield to the got to be kidding me. wanted to highlight one on the Federal gentleman from Ohio. Ms. WASSERMAN SCHULTZ. page that says, ‘‘Choice for Head of Mr. RYAN of Ohio. Madam Speaker, Madam Speaker, will the gentleman Wildlife Agency Provokes Dissent.’’ the gentleman is exactly right. They yield? Some people might say we are now are not qualified. They are ideologues. Mr. MEEK of Florida. I yield to the talking about wildlife and fish and we And I want to share with my col- gentlewoman from Florida. are not talking about people, and I do leagues a couple quotes here. They are Ms. WASSERMAN SCHULTZ. not want to take away in any way from not competent to hold a position, but Madam Speaker, what this boils down the comments that the gentleman from yet they hold an ideology that they to is, it is about the three Cs: We have Florida made before because he was want to implement. And I want to just competence, cronyism and corruption. talking about the 9/11 Commission and share with my colleagues that a gen- That is what this Chamber has become the people who died at the World Trade tleman from Heritage Foundation says about. It is a question about their in- Center. As I said, 200 from my district that conservatives at the Heritage competence. There has clearly been alone. But it is sort of ironic that this Foundation and elsewhere have advo- corruption, and we have only to list incompetence in terms of the officials cated regarding Katrina that any re- the myriad of people who are in hot that are appointed by the administra- covery package begin with the underwater at the executive branch level tion extends even to the Fish & Wild- standing that the liberal social welfare and, unfortunately, in this Chamber on life Agency. And I just want to high- programs of the last century failed the the other side of the aisle. As much re- light that. That is on page A25 of to- poor in every imaginable way. He spect as we might have for our col- day’s Washington Post. The gentleman added that the unique circumstances leagues, we have an even greater re- from Florida pointed that out to me created by Katrina are an unprece- spect for this institution, and, unfortu- because I am the ranking member on dented opportunity to push for radical nately, there are quite a number of the Fisheries and Oceans Sub- change. people who forget their need to respect committee. They want to implement their ide- this institution. If I could just reference this, this ology, and they want to say that the And if it were not bad enough that we says ‘‘This morning, the Senate Envi- social programs that the Democrats have a laundry list of people now who ronment and Public Works Committee put in over the last 40 years somehow have been hired as cronies who were is likely to easily approve the nomina- failed. What? Social Security that lift- unqualified at the executive level for tion of Dale Hall, a regional director in ed 50 percent of the seniors out of pov- the position that they took on and the U.S. Fish & Wildlife Service, to erty, Medicare that provided health then later engaged in corrupt activity, head the agency, making the full Sen- care for seniors a failure? on top of that now just yesterday we ate vote a formality.’’ It says, ‘‘It’s the Mr. PALLONE. Madam Speaker, if hear a report that Special Operations kind of vote that makes environ- the gentleman will further yield, just forces were taught by individuals who mentalists cringe. Hall, a 27-year Fish quickly all I am saying really is these have been determined to be in this & Wildlife Service veteran, has infuri- are decisions about public health and country illegally, illegally, and who ated wildlife activists, not to mention safety. I mean, that is what we found are now in the process of being de- some of his staff, by not pushing more in the aftermath of Katrina. We are ported. We have Special Operations aggressively to protect threatened and talking about public health and safety, forces who do not even like to acknowl- endangered species.’’ people’s lives. I just want to have edge that they exist being taught for- The Members know we just had a qualified people making decisions eign language by people who were vote on that, trying to gut the Endan- about health and safety issues. That is found to have been in this country ille- gered Species Act, but that is not even not asking much. And I understand gally, two from Indonesia and one from the issue. It says: In May, he told agen- that the gentleman from California an African country. cy biologists they should rely on the (Mr. WAXMAN), who is on my com- Let us go further because I wish it genetic science available at the time of mittee, who is the ranking member on stopped there. Just yesterday, we a species’ listing when deciding wheth- the Committee on Government Reform, found that there is a spy apparently in

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I would think that by 2005, as 4 and staff and others had to call the SKELTON), the ranking member on the years has passed, the crackdown and House Counsel’s information to get Committee on Armed Services, I would effort that the administration and the this information, to allow the Congres- say some folks on the majority side Republican leadership here has been sional Research Service to go in, and were concerned about the body armor. engaging in it to shore up our home- the Congressional Research Service Men and women were dying because land security and make sure people feel said, ‘‘Well, somebody said that it may they did not have what they needed. safer, and security has been the issue. be political.’’ Guess what they did? They did what How in God’s name do we have illegal No, it is just a history of the House. they are supposed to do. Moms, dads, immigrants from areas that one might We did not call the GOP or the Demo- uncles, brothers, sisters alike, sons and question the motivation of some of the cratic National Committee on this. If daughters, bought their loved one body people and why they are here because subpoenas went out under the Clinton armor, kevlar, to wear in Iraq and Af- certainly those nations that these ille- administration, that is a matter of ghanistan. They did so. Then we passed gal immigrants are from have had al record. What is political about that? a bill saying they should be reim- Qaeda representatives come? We can- Now, I will tell you, this is not a bursed, rightfully so, unfortunately not make a blanket statement about witch hunt or any kind of hunt you after the fact, and some folks died. it, but no question there have been want to call it. It is the truth, and it is The Congress called for, once again, problems with those countries. the fact that we cannot rely, and that the WashingtonPost.com, you go on Special Operations forces being is the reason why we need an inde- and check it out yourself, it goes on, taught by illegal immigrants and a spy pendent commission to make sure that ‘‘The guidelines, from Undersecretary in the White House, and we have cro- not only the act of God, when we of Defense, David S.C. Chu, comes near- nyism that is running rampant at the watched television, it was the act of a ly a year after Congress passed legisla- executive branch level and ethical lack of governance. It was an act of tion ordering,’’ this is not asking, ‘‘or- problem after ethical problem and in- cronyism, of the Corps of Engineers dering the Department of Defense to dictments in this very institution. My stopping work after 37 years on a levee come up with the reimbursement pol- God, if that does not cry out for a new that they knew would be breached. And icy. The law required that the Pen- direction and this country to be taken look, the American taxpayers now have tagon issue the rules by February 25 of in a new direction, I do not know what to pick up $200 billion. this year.’’ Not 2006, but 2005. does. I will yield to the gentleman from Here we are in October, in October, I came here and held up my right Ohio (Mr. RYAN) to talk about his bill, and because there were threats from hand and swore to uphold the Constitu- because I think it is important that we Senator DODD and others in this Con- tion and the integrity of this institu- get colleagues on the other side to gress that they will do something dras- tion, and I want to underscore the sum- come down and sign on it. tic legislatively because they did not mary that the gentleman from the Before we do that, I want to make do it, these are families that still have State of Illinois (Mr. EMANUEL) said sure as we move through section A of not been reimbursed. These are Ameri- the other day on a news program. the Washington Post, I feel that all of cans. These are Americans. These are this should be enshrined, because I not folks in a foreign land. b 2315 think it is important within the CON- So when folks start getting upset The way he characterized what this GRESSIONAL RECORD, which it will, that about what we are talking about here institution has become is that the lead- before the historians look at it, that on this floor, I can tell you something, ership in this institution has taken the American people will have an op- I am glad that somebody fought for the this institution from the People’s portunity to look at it and know that opportunity for us to raise these issues, House to the auction House, and there they have an option to bring about because this is beyond belief. Here in is no other way to describe it. That is change in their government. the United States, our own people. the bottom line. And it is really sad. They deserve better. I am telling you These are our people. Mr. MEEK of Florida. Madam Speak- right now, they deserve better. I know Now, I am just going to share this er, reclaiming my time, as the gentle- they do, and they know they do. This is with the gentleman from New Jersey woman shows, it is beyond sad. Sad national security. This is Americans (Mr. PALLONE). This is not something would be if we could not do anything we are talking about. as it relates to people saying, ‘‘Oh, you about it, but we can, and the American This is what I could not believe, are being partisan.’’ No, we are not people can do something about it. I will Madam Speaker. ‘‘Pentagon Releases being partisan. We are telling the tell you right now, all that we are talk- Repayments Rules.’’ Now, we had a big truth. We are making sure Members ing about here, and I will tell you, be- discussion here on this floor about know exactly what they are doing and cause we like to talk about solutions, body armor and we went to war saying not doing. we also like to point out the problem. that we are prepared to go to war. If you are a Member of the majority Time after time again, and the gen- Well, that is what the generals and side and you want to see the kind of tleman from New Jersey (Mr. PALLONE) the four star guys were telling us in change that these men and women de- is the Member who has been here the the Committee on Armed Services. serve, that these men and women de- longest, from New Jersey, the fact is ‘‘We got it covered, Congressman. serve to get reimbursed for their body that Democrat amendments that have Don’t ask any questions. Either you armor, that are financially challenged gone down on partisan lines to make are with us or with them. Don’t ask us right now, that are paying too much sure we take care of the kind of over- any questions.’’ That is from Mr. for gas, that will pay over $1,000 for sight that the American people called Ashcroft over in the Senate, I must heating oil or LP gas, this winter, they for. Well, let us just say the Constitu- add. need that money. And, guess what? tion calls for from this body. We have Thank God for Senator DODD and You go on the DOD website, there is no oversight and investigative powers many others here in this Congress that mention of it. There is no mention of that we are not exercising. fought to make sure that our men and the fact where they can go on and find I think it is important, and I just women had the body armor that they out how they can be reimbursed. want to make sure that we put on the needed. So, we are going to work on that. I record, I have asked the Congressional You would have some folks come to tried to find that today. This is on be- Research Service to go in and pull the the floor and make you believe that half of the entire country. number of Congressional subpoenas they are the leaders on watching out Mr. PALLONE. Madam Speaker, if that went out in the Clinton adminis- for our men and women. It is not a par- the gentleman will yield further, the

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This bility of drilling much closer to the article the gentleman is referencing is an opportunity for all Americans to United States coastline in places that where it says, ‘‘Last week Marine Ser- participate in the movement to try to have been subject to a ban and morato- geant Todd Bowers, whose parents establish an independent commission. riums. bought him a high-tech rifle scope said Get rid of the partisanship, get rid of Given the track record, particularly that the extra piece of equipment saved the nonsense, let us get some real over- recently, of competence, cronyism and his life, and that a $100 pair of goggles sight here. corruption, I am hopeful that we are he bought saved his eyesight when he Mr. MEEK of Florida. Madam Speak- not going to see the giveaways that are was shot by a sniper.’’ er, reclaiming my time, I just want to in this bill tomorrow turn into what we ‘‘If you need any proof that the Pen- say that we have a cosponsor form here have seen in terms of the three C’s in tagon is once again coming up short, for H.R. 3764 sitting here on the table. the last several weeks and, quite hon- all you need to do is take a look at the There is my pen. Anyone from the ma- estly, in the last several years. list of reimbursable items, Senator jority side, the Republicans, that want Mr. PALLONE. Madam Speaker, if DODD said. It does not include the gun to get down to making sure that this the gentleman will yield further, I am scope that saved Todd Bowers’ life.’’ never, ever happens again, that we do glad the gentlewoman brought that up. It is shameful. I could cry, to be hon- not have people dying because they did I would say what we are seeing in this est with you. I am not trying to be dra- not have insulin, we do not have emer- energy bill, and this is unfortunate matic. But to think that the parents gency responders not able to talk to thing, in the same way that Hurricanes had to buy the equipment to save their one another because they do not have Katrina and Rita became an oppor- son’s life, and now the administration, interoperability where they can talk to tunity for corruption and cronyism in Pentagon does not want it to be reim- one other to save lives, and where we the awarding of contracts by the Re- bursable, I just cringe when I read can save $200 billion hopefully in the publicans, we are seeing it is also be- about it, when the gentleman brought future, because we could have saved coming an excuse to basically waive all this to my attention. It is a shameful New Orleans if we were on our job, our environmental regulation, affirmative thing. j-o-b, maybe, not maybe, this inde- action, prevailing wage and the list Mr. RYAN of Ohio. Madam Speaker, pendent commission will point out, goes on. The waiver of environmental if the gentleman will yield further, if I this independent commission, which regulations and the effort to basically may add something, the shame of the the gentleman from Ohio (Mr. RYAN) gut environmental protections is unbe- whole matter is, it is about priorities. pointed out before, it is a group of indi- lievable. We have time to pass tax cuts through viduals that are outside of the Con- The gentlewoman mentioned the off- this Chamber that give billionaires and gress, like the 9/11 Commission, that shore oil drilling. But one of the other millionaires hundreds of thousands of will not be here in Congress to carry on things that affects my State is the dollars, billions of dollars for the oil about trying to cover up on behalf of Clean Air Act provisions. In other the majority side. So we have this industry, to pass a prescription drug words, in that bill, basically what the here. bill that does nothing to contain costs, President and the Republican leader- Mr. RYAN of Ohio. If the gentleman so it is a billions of dollars in give- ship have done is taken the oppor- will yield further, the reason we want tunity to gut the Clean Air Act. aways to the pharmaceutical compa- to do this is because the record over nies, and then the reality is, that the past few years has been simple: Ev- b 2330 money has to come from somewhere. erything that happened, everything They are essentially saying now that So this kid does not have goggles and that was told to us prior to the war, if an older plant that does not meet some average American has to go out has not been true. No one has been held clean air restrictions under the current and buy them. responsible for that at all. No over- law wants to expand its capacity, that People say, well, what is the govern- sight. We were told that the prescrip- they can still expand the capacity ment doing? You know what we are tion drug bill was only going to cost using the older standards, which would doing here? You know what the Repub- $400 billion. We find out after it is $700 allow a lot more air pollution to pol- lican leadership here is doing? They are billion. No oversight, no one is held re- lute the atmosphere. giving billions of dollars in tax credits sponsible for it. And on and on and on. So whether it is clean water, whether and subsidies to the oil industry. That The budget projections, the economy, it is clean air, whatever it happens to is what they are doing. They are giving gas, energy costs, everything, no over- be, they are using the hurricane rather Warren Buffett and Bill Gates a tax sight, no one is being held responsible, than it being an opportunity, as we cut. That is what they are doing. and we think that it is in the best in- have suggested, to try to rebuild and Here is where we ask for the oppor- terests of the American people to have give people a new opportunity in life to tunity to lead the country. Democrats an independent commission. rebuild their lives, it is being used as are asking the American people for an Mr. MEEK of Florida. Madam Speak- an excuse to basically run roughshod opportunity to lead this country, and er, I yield to the gentlewoman from over all kinds of existing protections, say if your priority is for that kid to Florida (Ms. WASSERMAN SCHULTZ). whether they be affirmative action, en- have the goggles he needs, that is the Ms. WASSERMAN SCHULTZ. vironmental protection, whatever. priority of the Democratic Party; in Madam Speaker, since the rule for the Again, it is cronyism, because if I can health care and education, that is the energy bill tomorrow was just filed, it take a power plant and I can expand it priority of the Democratic Party. seems a good place to jump off from, and pollute the atmosphere and save We want a chance to govern, because because I really hope that now that to- money that way, it is just another this outfit has dropped the ball. morrow we are going to be throwing giveaway, if you will, to their friends, Mr. MEEK of Florida. As we look at the door, blowing the door wide open to their special interests in the utility oversight and accountability, will the more offshore oil drilling in the United business. gentleman please talk about H.R. 3764? States coastal regions, the gentleman Ms. WASSERMAN SCHULTZ. Mr. RYAN of Ohio. This is the Demo- from New Jersey represents the Jersey Madam Speaker, tomorrow they will be cratic bill that establishes a congres- shore, I represent the eastern coast- trying to create the mythology for the sional commission to examine Federal, line, the gentleman represents the American people that this is going to State and local response to the devas- eastern coastline. Sorry, the gen- do something to reduce gas prices. tation by Hurricane Katrina. It is an tleman from Ohio (Mr. RYAN) does not Mr. PALLONE. And it will not. There independent commission. have much of a coastline. is not anything in it. What we are doing, we want to ask But we have some deep, deep con- Ms. WASSERMAN SCHULTZ. There the American people and other Mem- cerns that are going to be dealt with on is not a single item in this bill that

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Act provisions; it limits FTC penalties gress. People might think that we as Mem- for price gouging; and it is almost com- Madam Speaker, I warned my friends bers of Congress are somehow different pletely impossible to increase refining on the Majority side, I warned them. than our constituents. I am just a capacity. There is a taxpayer subsidy Because tomorrow we have 5 hours of minivan mom. I do not drive a big old for oil companies. These are the provi- debate and around 2 or 3 o’clock, we SUV; I drive a mini van. I wish I could sions in this bill. There is a giveaway are going to be here on this floor and drive a car that was smaller, but I have of Federal lands in this bill. Madam we are going to see the followers versus 3 little kids who have to be strapped Speaker, it is unbelievable. We just did the leaders. On this side, we are going into a car seat. I have 6-year-old twins this 7 weeks ago, and now we are going to lead because we are going to have an and a 2-year-old baby girl and I, like to give them more. I mean, where does alternative amendment that is not most moms, do not have much of an al- it stop? going to have any of that language in ternative in terms of making sure I We have an alternative, I say to the there that is going to be able to bring have a car that is safe, that is big gas prices down, that is going to be gentleman from Florida (Mr. MEEK), if enough to haul them and all their soc- able to deal with our issues of con- the gentleman would like to outline cer stuff and Brownie stuff and baseball serving energy and things of that na- some of the provisions in it. stuff, just all their stuff. That is what Mr. MEEK of Florida. Madam Speak- ture. So I think it is important that we re- parents across this country deal with er, I want the gentlewoman to do that, alize, and I want to warn the Members, every single day. but I also want to point out, being on unfortunately, if you keep voting for Last week and the week before and the Committee on Armed Services, what they tell you to vote for on the the week before that, I paid $45 to $50 some of the other issues that are in Republican leadership side, you will to fill up my tank. Whenever I end up this bill. It is very unfortunate. I am find yourselves making a career deci- spending $45 to $50 on anything, I swal- not going to be one to talk about the sion, bottom line. Because I think the low hard. When you have to do that oil companies and special interests and American people are fed up with this once a week, there is a problem. We the lobbyists and the K Street project stuff here in Washington, DC. We are make an okay income as Members of and all of that, because guess what? trying to do what we can. Someone Congress. Think about the people who The American people elected a Con- may say, well, why are you all on the are struggling paycheck to paycheck. gress to protect them from greed, from Floor arguing. The gentleman from Tomorrow on this floor, we are going doing it because we can. And we just New Jersey has talked about what Sen- to offer a real alternative to the energy passed, the majority did, an energy bill ator DODD has done. The reason why bill. We are going to offer an alter- 7 months ago, but they are doing it on the Department of Defense wrote those native that puts some bark into the the backs of individuals of devastation, rules several months later after the Federal Trade Commission’s bite. We communities that are not in place to congressional deadline was the fact are going to give explicit authority to be able to come to Congress and lobby that a Democrat raised the issue and the FTC to define, for the first time, against this kind of action. threatened them, that he will take it price gouging and what it is and how to This is what is happening within this to the next level, and that is the reason penalize for it and make sure that bill, I say to my colleagues. We just why they did it. They did not do it be- there are factors that can be deter- went through a BRAC process, military cause they were supposed to by law or mined. We are going to make sure that base closures. If they close, that means that it was the right thing to do; they everybody in the supply chain, includ- that the government can give this land did it because they came under pres- ing home heating fuels, deals with to oil companies to go in and drill. sure. price gouging measures. We are going Local communities have plans for mili- I am telling my colleagues that we to make sure that it is not just one end tary bases to help their economy, to be are within our right to put the pressure of the chain, the energy chain, but the able to do the things that they want to on, put it on the RECORD, and we will whole thing. We are going to establish do, because it is within their commu- be here every opportunity that these a strategic refinery reserve. Our sub- nity. lights are on to talk about what is not stitute would increase our Nation’s re- Here is the kicker in this whole happening and what we are trying to finery capacity by establishing a stra- thing. There are a number of kickers. do, and the reason why we cannot do it tegic refinery reserve. You can get kicked to death under this because we are in the minority. If the Madam Speaker, we are taking real bill. If an oil company was to move in Republican Conference betters itself steps in our proposed alternative to- and contaminate or do something to and it starts to get leadership that is morrow which, of course, is not going harm the public, if the mayor of that going to lead on behalf of the American to pass because the Republicans much city or county or parish or State were people, then God bless them, but I can prefer their industry-laden benefits to bring a lawsuit against the oil com- tell my colleagues right now for the package, which is the best way to de- pany, and they were to lose, they would last 10 years, that has not happened. It scribe this bill. have to pay the oil companies’ legal has not happened. That is the reason Mr. RYAN of Ohio. Pork. fees. Now, on the other side of the coin, why. It can be a Republican parish, it Ms. WASSERMAN SCHULTZ. Pork. if the local community, parish, county, can be a Republican mayor, it can be a We will substitute any appropriate State was to file a lawsuit against an Republican governor, if you bring suit word. We have to make sure that we oil company for not carrying out their against this industry, which is what provide some real relief to the minivan environmental duties or whatever the they are bringing to the Floor tomor- moms and dads across this country. case may be, put their constituents in row on the Majority side, you are going Mr. MEEK of Florida. Madam Speak- harm’s way, and they were to win, the to find yourself paying legal fees if you er, we understand the majority has oil companies, by Federal law, if this are not successful. That is to intimi- about 10 minutes. We are going to come passed tomorrow, if the majority has date local communities for not bring- back another 10 minutes after the Ma- their way, do not have to reimburse ing suit against individuals that vio- jority side; we will have 10 minutes the local government for their legal late environmental law. That is what after that, and I think the gentleman fees. that is about. from Ohio (Mr. RYAN) is going to be

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22436 CONGRESSIONAL RECORD—HOUSE October 6, 2005 sponsoring that. We have a couple chairman and is now in a position to atone terday on five counts of lying about his deal- more minutes and we are going to turn for his own failures,’’ said Kristin ings with former Republican lobbyist Jack it over to the gentleman from Ohio Breitweiser, whose husband, Ron, was killed Abramoff and impeding a Senate investiga- at the World Trade Center. ‘‘He is either tion of him. (Mr. RYAN). avoiding embarrassment or trying to hide The indictment accuses Safavian, who pre- But first, let me just say this real something.’’ viously served as former chief of staff for the quickly, the articles that we talked More than a dozen intelligence officials, General Services Administration, of falsely about tonight, and this is just one pub- including Tenet; his former director of oper- telling GSA officials that Abramoff had no lication. Washingtonpost.com. If you ations, James L. Pavitt; and J. Cofer Black, dealings with the agency at a time in 2002, want to figure out how you can be a co- former head of the counterterrorism center, the government alleges, that Abramoff was sponsor on House bill 3764, that is are faulted in the CIA report, said officials seeking to obtain use of two GSA properties housedemocrats.gov/katrina, you can who have read the classified findings. Tenet with Safavian’s assistance. vigorously disputed the findings, arguing go on-line and become a cosponsor of It also accuses Safavian of repeatedly that he and his officers had done more than making false statements to investigators that legislation as a citizen to be able anyone else in the intelligence community about a golf trip he took with Abramoff to to push the drive for us to make sure to warn about al Qaeda. Scotland the same year. GSA ethics rules that Americans never, ever have to go The report also names some current under- prohibited receiving gifts from anyone seek- through the lack of response that they cover operatives working in the counterter- ing an official action by the agency. have received, and that is for Federal, rorism center. Officials had said exposing Safavian was arrested Sept. 19 on the simi- State and local. them to public criticism would harm their lar charges, the first criminal allegations The SPEAKER pro tempore (Mrs. work and the agency during a time of war. levied in the ongoing corruption investiga- Tenet had no comment yesterday. Pavitt tion of Abramoff’s activities in Washington. SCHMIDT). The gentleman’s time has said he was relieved. ‘‘He did what was right Safavian had resigned as top administrator expired. for the institution and its people, and for at the federal procurement office in the Mr. MEEK of Florida. We will give it their work,’’ Pavitt said of Goss. White House Office of Management and out next time. Goss’s former congressional colleagues, Budget three days earlier. CIA REJECTS DISCIPLINE FOR 9/11 FAILURES who have urged that the report be declas- The indictment alleges that ‘‘from May 16, sified, reacted coolly to his decision to forgo GOSS CITES FEAR OF HURTING AGENCY 2002 until January 2004, Safavian made false accountability reviews. They said Goss and (By Dafna Linzer and Walter Pincus) statements and obstructed investigations John D. Negroponte, the director of national into his relationship with a Washington, The CIA will not seek to hold any current intelligence, will be summoned to appear be- D.C., lobbyist,’’ who has been identified as or former agency officials, including ex-di- fore the Senate intelligence committee to Abramoff. The indictment refers to him only rector George J. Tenet, responsible for fail- answers questions this month. as ‘‘Lobbyist A.’’ ures leading up to the Sept. 11, 2001 attacks, ‘‘I am concerned to learn of the Director’s Safavian’s attorney, Barbara Van Gelder, CIA Director Porter J. Goss said yesterday, decision to forego this step in the process,’’ said the charges are ‘‘an attempt to prove despite a recommendation by the agency’s Sen. Pat Roberts, (R–Kan.) said in a state- guilt by association.’’ She said, ‘‘If this case inspector general that he convene an ‘‘ac- ment. ‘‘However, I spoke with Director Goss did not involve Mr. Abramoff, the govern- countability board’’ to judge their perform- and Negroponte earlier today and they both ment would never have indicted Mr. ance. strongly believe that this is the correct Safavian on these charges.’’ Goss’s decision, coming, four years after course of action. ’’ Van Gelder said Safavian ‘‘will plead not hijackers commandeered four jets and killed The CIA’s internal report was done in a re- guilty, and he will request a speedy trial.’’ nearly 3,000 people, appeared to end sponse to a recommendation of the House- She added, ‘‘We believe that after all the evi- possibility that a high-level official will be Senate committee that looked into the at- dence is aired, Mr. Safavian will be acquitted held responsible for what several investiga- tacks. The committee called on the CIA’s in- of all charges.’’ tions found to be significant failures spector general to conduct an investigation Abramoff has been indicted in Florida on throughout the government. The inspectors ‘‘to determine whether and to what extent bank fraud charges, and is under investiga- general of the departments of State, Justice personnel at all levels should be held action in connection with at least $82 million, and Defense completed their own investiga- countable any omission, commission or fail- he and an associate received from Indian tions without publicized disciplinary actions ure to meet professional standards’’ to pre- tribes that operate gambling casinos, and for taken against anyone. vent or disrupt the attacks. fees from other clients. Based on these findings, the CIA director The CIA’s report, which severely criticized Federal investigators are known to be was to take ‘‘appropriate disciplinary or actions of senior officers, will remain classi- looking at trips to Scotland that Abramoff other action,’’ with the result to be passed fied, Goss said in his announcement, which arranged for members of Congress and oth- on to the President and the House and Sen- was welcomed by some former officials men- ers, including former House majority leader ate intelligence committees. tioned in the document but assailed by fami- Tom DeLay (R–Tex.) and House Administra- But Goss declined. He noted that before lies of victims of the attacks. tion Committee Chairman Robert W. Ney Goss said in his statement that the volu- Sept. 11, when he was chairman of the House (R–Ohio) and Ralph Reed, former executive minous report by the CIA Inspector General intelligence panel, the CIA suffered from director of the Christian Coalition and now a John L. Helgerson, ‘‘unveiled no mysteries,’’ cutbacks and reduced budgets. ‘‘Stars’’ were candidate for lieutenant governor in Geor- and that making it public would only bring singled out and asked ‘‘to take on some gia. tough assignments,’’ he said, ‘‘Unfortu- harm to the agency when it it trying to re- Safavian, Ney and Reed all went on the nately, time and resources were not on their build. Goss said that the report in no way 2002 trip to Scotland, which cost an side, despite their best efforts to meet un- suggest ‘‘that any one person or group of estimated $100,000. precedented challenges. people could have prevented 9/11. If convicted, Safavian, who worked as a ‘‘Of the officer named in the report,’’ he ‘‘Risk is a critical part of the intelligence lobbyist with Abramoff in the 1990s, faces a said, ‘‘about half have retired from the Agen- business. Singling out these individuals maximum sentence of five years in prison cy, and those who are still with us are would send the wrong message to our junior and a $250,000 fine on each of the counts. amongst the finest we have.’’ officers about taking risks—whether it be in Goss had supported an internal CIA review operation in the field or being assigned to a PENTAGON RELEASES REPAYMENT RULES in December 2002, while he was chairman of hot topic at headquarters,’’ he said. the House intelligence committee. The CIA Citing classified information about intel- TROOPS WHO BOUGHT PROTECTIVE GEAR NOW report, which was mostly completed in Feb- ligence sources and methods, Goss said the MAY REQUEST REIMBURSEMENT ruary, is the last known government inquiry report should not be made public. Under pressure from Congress, the Pen- on the counterterrorism failures ahead of the Rep. Jane Harman (Calif.) the ranking tagon issued overdue regulations yesterday attacks and has been the most secretive. Democrat on the House intelligence panel, for reimbursing troops in Iraq and Afghani- It also had the potential to pit Goss said she will work to get some elements de- stan for body armor and other gear they against his own agency. Convening a review classified and said Goss has a responsibility bought to protect themselves. board could have embarrassed his prede- to ‘‘persuade the public that he has dealt The program, which is effective imme- cessors and renewed questions over, Presi- fairly with his agency’s past mistakes.’’ diately, would allow reimbursement for com- dent Bush’s decision to award Tenet the bat helmets, ballistic eye protection, hydra- Presidential Medal of Freedom. EX-WHITE HOUSE AIDE INDICTED IN ABRAMOFF tion systems and tactical vests, including a I think it is utterly reprehensible for Di- CASE variety of body armor inserts to protect the rector Goss to be hinting towards not hold- (By Thomas B. Edsall) throat, groin and collar. ing anyone accountable, particularly since David H. Safavian, former chief of White The guidelines, from Undersecretary Of De- he was in an oversight capacity as house House procurement policy; was indicted yes- fense David S.C. Chu, come nearly a year

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22437 after Congress passed legislation ordering uary 4, 2005, the gentleman from Penn- member of that committee has been to the reimbursement policy. That law required sylvania (Mr. WELDON) is recognized for support our military personnel when the Pentagon to issue the rule by Feb. 25 of half the remaining time until mid- they are assigned overseas or when this year. Under the guidelines, reimbursement for night. they are at home during their training each individual item cannot exceed $1,100, Mr. WELDON of Pennsylvania. and other operations. As I mentioned and the items become government property Madam Speaker, I rise this evening for to Secretary Rumsfeld in a hearing last and must be turned over to the Defense De- this short Special Order to express my Thursday, a full committee hearing, I partment, unless they are destroyed or no personal outrage regarding the treat- have supported every major reform longer usable. The purchase must have been ment of some brave military personnel that he has put forth over the past sev- between Sept. 10, 2001, and Aug. 1, 2004, and who simply are trying to tell the truth. the soldier must not have been issued eral years regarding our military, the equivalent government equipment. Madam Speaker, over the past 3 way our military operates, and the way Senators, unhappy with the Pentagon’s months, I have outlined for our col- the Pentagon is organized. slow progress, approved an amendment to a leagues evidence that came from mili- Madam Speaker, Secretary Rumsfeld defense spending bill yesterday that, would tary officers that we had knowledge of has repeatedly told us that his top pri- further expand the program. The measure Mohammed Atta and al Qaeda prior to ority is the morale and the welfare of would also take the money decision out of September 11 and the attack against us our troops. The commander of the the hands of Defense Secretary Donald H. in New York City. This information Rumsfeld and give control to military unit Joint Chiefs of Staff, both the recent commanders in the field. came about from a top secret program and now the current Chairman of the Condemning the new program as too little, known as ‘‘Able Danger’’ which was a Joint Chiefs of Staff, repeatedly tell us too late, Sen. Christopher J. Dodd (D-Conn.) program that was developed by Special their top priority is the protection of said the Pentagon’s list is too restrictive and Forces Command as a planning process our military personnel in uniform. And does not include critical safety equipment to deal with al Qaeda cells. now, we find out that Lieutenant Colo- such as gun scopes, additional Humvee The military officers involved with armor and radios. nel Anthony Shaffer, a Bronze Star re- ‘‘The Pentagon’s leadership has done ev- this program identified 5 specific cells cipient, 23-year veteran of military in- erything in its power to stop this measure around the world, one of which was a telligence, serving in Afghanistan, em- from being implemented,’’ Dodd said. ‘‘Why Brooklyn cell, and this Brooklyn cell, bedded with our troops in harm’s way, should they stop now?’’ one year before 9/11; in fact, in January has had gross distortions and absolute Last week, Marine Sgt. Todd Bowers, and February of 2000, actually identi- outrageous claims made against him whose parents bought him a high-tech rifle fied Mohammed Atta, 3 of the other publicly by the Defense Intelligence scope, said that the extra piece of equipment terrorists that were involved in the 9/11 saved his life, and that a $100 pair of goggles Agency as a way to silence him. attack, and identified this in a chart he bought saved his eyesight when he was b 2345 shot by a sniper. that was produced as a part of their ‘‘If you need any proof that [the Pentagon] planning process. Lieutenant Colonel Shaffer has been is once again coming up short, all you need Furthermore, Madam Speaker, these prohibited from talking to Members of to do is take a look at the list of reimburs- military officers have testified, and Congress. He has been stopped from able items,’’ Dodd said. ‘‘It does not include will testify under oath, that in Sep- testifying before the Senate Judiciary the gun scope that saved Todd Bowers’s Committee in spite of the fact that five life.’’ tember of 2000, one year before Sep- The chairman of the Senate Armed Serv- tember 11, they made 3 attempts to senators from both parties were ices Committee, John W. Warner (R-Va.), transfer information regarding the present at a hearing 2 weeks ago. Lieu- urged support for Dodd’s amendment. But Brooklyn cell and Mohammed Atta to tenant Shaffer was in the room. Lieu- Warner asked that lawmakers work together the FBI. An FBI employee has again tenant Colonel Shaffer was in the to set a new end date for the program, pos- agreed to testify under oath that she room, yet he was not permitted to tes- sibly in 2006. The amendment passed by a arranged the 3 meetings and agreed to tify. His lawyer, in fact, made state- voice vote. Pentagon officials have opposed the reim- set up for the FBI the opportunity to ments for him. bursement idea, calling it ‘‘an unmanageable receive this data. All 3 meetings were But in an attempt to totally dis- precedent that will saddle the DOD with an canceled by lawyers within the pre- credit Lieutenant Colonel Shaffer, in open-ended financial burden.’’ vious administration, the Clinton ad- an attempt to try to diminish his In his memo, Chu said that the secretaries ministration. credibility before the American people of the military services may request that We still do not know who gave the ul- and the Congress, the Defense Intel- other equipment be added to the list. timate order or why those meetings ligence Agency has resorted to a new f were canceled, but we do know that in set of lows in terms of the credibility REPORT ON RESOLUTION PRO- September of 2000, attempts to transfer of our American military. And no, VIDING FOR CONSIDERATION OF information regarding al Qaeda, the Madam Speaker, I do not think this ac- H.R. 3893, GASOLINE FOR AMER- Brooklyn cell, and Mohammed Atta tion by the Defense Intelligence Agen- ICA’S SECURITY ACT OF 2005 were thwarted. cy has been brought forward by uni- Mr. LINCOLN DIAZ-BALART of Florida, This information was presented to formed military personnel. It has been from the Committee on Rules (during the 9/11 Commission in an effort to pro- brought forward by the bureaucrats, the special order of Mr. MEEK of Flor- vide a clear and concise analysis of the sort of bureaucrats who linger from ida) submitted a privileged report what happened prior to 9/11. On 2 sepa- one administration to the other and (Rept. No. 109–245) on the resolution (H. rate occasions, a Lieutenant Colonel who have the embarrassment of having Res. 481) providing for consideration of from the Army, Anthony Shaffer and a to understand what Lieutenant Colonel the bill (H.R. 3893) to expedite the con- commander from the Navy, Scott Shaffer and commander Scott Philpott struction of new refining capacity in Philpott, offered to provide informa- did in warning us, attempting to warn the United States, to provide reliable tion to the 9/11 Commission that they, us about the 9/11 attacks. and affordable energy for the American in fact, were involved with Able Danger The Defense Intelligence Agency, 1 people, and for other purposes, which and that they identified Mohammed day before Lieutenant Colonel Shaffer was referred to the House Calendar and Atta prior to 9/11. was to testify before the Senate Judici- ordered to be printed. Colonel Shaffer, who was promoted ary Committee, permanently pulled his during the past year, during a time in security clearance, and the reasons f which his security clearance had been they gave, Madam Speaker, were out- DEFENSE INTELLIGENCE AGENCY temporarily lifted by the Defense Intel- rageous. They are scandalous. They USING FALSE CLAIMS TO SI- ligence Agency, has been the subject of said that he had forwarded phone calls LENCE COLONEL gross and outrageous harassment. I on his cell phone while being deployed The SPEAKER pro tempore. Under have been on the Committee on Armed in Afghanistan for a total cost of ap- the Speaker’s announced policy of Jan- Services for 19 years, and my job as a proximately $67. They said that he had

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22438 CONGRESSIONAL RECORD—HOUSE October 6, 2005 received mileage and toll fees improp- that cannot stand. We must do better. the war, a war that we got ram-rodded erly for attending a military con- Anthony Shaffer deserves justice. into, lied into. Is that the great tri- ference at Fort Dix, New Jersey, which f umph of ideas? anyone in this body would say he was Mr. MEEK of Florida. Mr. RYAN, TOM DELAY’S HOUSE OF SHAME eligible to attend. $341. They said that where are we getting the money from? he, in fact, received an award for which The SPEAKER pro tempore (Mrs. Mr. RYAN of Ohio. We are borrowing he was not entitled, even though his SCHMIDT). Under the Speaker’s an- it from China. We do not even have the superior officers nominated him for nounced policy of January 4, 2005, the money. that award. But in one of the most des- gentleman from Ohio (Mr. RYAN) is rec- Mr. MEEK of Florida. Saudi Arabia, picable acts I have ever seen a Federal ognized for the remaining time until too. Do not leave them out. agency involve itself in in 19 years, midnight. Mr. RYAN of Ohio. And how many they said on the record that Lieuten- Mr. RYAN of Ohio. Madam Speaker, I years the majority said about the ant Colonel Anthony Shaffer stole pens appreciate the opportunity for us to Democratic controlled Congress tax from the U.S. government. just grab a few more minutes here and and spend, tax and spend, tax and Now, what they did not say, Madam finish up, the 30-something working spend. Well, the last 10 years and the Speaker, was that Lieutenant Colonel group that we have here, and we want last 5 years in particular, borrow and Shaffer, when he was 15 or 16 years old, to kind of end the conversation tonight spend. We are borrowing the money as the son of an officer assigned to one talking a little bit about a recent peri- from China, Japan, Saudi Arabia, a lot of our embassies, admitted to stealing odical that we like to call Newsweek. of people who do not have really friend- some pens which he gave to some dis- It is about the power outage. And we ly interests with the United States of advantaged people. Now, clearly, when have mentioned a couple of words here America. And the problem is, we have he was 15 or 16, he was not working for tonight, competence or lack thereof, got to pay interest on the money we the military. He was not a military in- and cronyism. are borrowing. Reckless fiscal policy, telligence officer. He was yet to take Now, we like, at the 30-something incompetence, corruption, cronyism, his lie detector test for admission into working group, to get third party time and time and time again. that category, and he admitted all of validators. And here on the cover of TOM DELAY’S HOUSE OF SHAME this. But in this current effort to try to Newsweek, GOP, a mounting crisis of (By Jonathan Alter) discredit Lieutenant Colonel Anthony competence and cronyism, which I A decade ago, I paid a call on Tom Delay Shaffer, the Defense Intelligence Agen- think is exactly what we have been in his Ornate office in the Capitol. I had cy went to the outrageous length of talking about here tonight. heard a rumor about him that I figured could Madam Speaker, I would like to sub- not possibly be true. The rumor was that publicly acknowledging that Lieuten- after the GOP took control of the House that mit for the RECORD an article here, ant Colonel Shaffer had stolen pens and Year, DeLay had begun keeping a little failing to mention how old he was when Tom DeLay’s House of Shame, by Jon- black book with the names of Washington the theft took place, that he publicly athan Alter. lobbyists who wanted to come see him. If the admitted himself before being em- Before yielding to the gentleman, I lobbyists were not Republicans and contribu- ployed by the military. would like to just share a little bit a tors to his power base, they didn’t get into Madam Speaker, we have a major couple of the quotes. I want to share a ‘‘the people’s House.’’ DeLay not only con- problem in America. Sandy Berger, our couple of quotes from this article today firmed the story, he showed me the book. His National Security Advisor, stole docu- or this week. This gentleman is saying, time was limited, DeLay explained with a Mr. Alter is saying that historians will genial smile. Why should he open his door to ments from the National Archives, people who were not on the team? stole documents and put them in his regard this as the single most corrupt Thus began what historians will regard as clothing and took them out because decade in the long and colorful history the single most corrupt decade in the long they would incriminate him and Presi- of the House of Representatives. That and colorful history of the House of Rep- dent Clinton about what they knew be- is pretty sad. And that Congress has al- resentatives. Come on, you say. How about fore 9/11. He stole them. He placed ways had its share of extremists, but all those years when congressmen accepted them inside of his coat, in his pants, in the DeLay era is the first time the cash in the House chamber and then stag- fringe has ever been in charge. And gered onto the floor drunk? Yes, special in- his shoes, and he took those documents terests have bought off members of Congress out of the National Archives because when we talked about Katrina, we at least since Daniel Webster took his seat he did not want the 9/11 Commission to talked about trying to implement this while on the payroll of a bank. And yes, Con- see what was in there. When he was extremist agenda, regardless of what gress over the years has seen dozens of sex caught, and finally brought to justice, the circumstances are, and using scandals and dozens of members brought low his security clearance was lifted for 3 Katrina as an opportunity to imple- by financial improprieties. But never before years. ment this agenda. I want to just share has the leadership of the House been hi- Lieutenant Colonel Anthony Shaffer one more quote before we open it up jacked by a small band of extremists bent on simply told the truth and because De- here of what then House majority lead- building a ruthless shakedown machine, lining the pockets of their richest constituents fense intelligence bureaucrats are un- er Mr. DELAY said after the hurricanes, and rolling back popular protections for or- happy about being embarrassed they and I quote, that Katrina and Rita ‘‘in- dinary people. These folks borrow like ba- have removed his security clearance troduced a valuable forum to promote nana republics and spend like Tip O’Neill on permanently. Is that what America is the triumph of our ideas and solutions speed. about, Madam Speaker? Is it about pro- for government over the crumbling and I have no idea if DeLay has technically tecting a national security advisor who outdated policies of the Democratic broken the law. What interests me is how steals classified documents from the controlled Congress of past decades.’’ this moderate, evenly divided nation came to be ruled on at least one side of Capitol Hill archives of the United States about The crumbling or the triumph of our by a zealot. This is a man who calls the En- what happened before 9/11 and gets a 3- ideas. Triumph of our ideas. I mean, vironmental Protection Agency ‘‘the Ge- year lift of his clearance, and a uni- let’s just look at where we are right stapo of government’’ and favors repealing formed military officer who simply now. Triumph of the Republican ideas? the Clean Air Act because ‘‘it’s never been tells the truth has his security clear- What? Increased poverty? Stagnant proven that air toxins are hazardous to peo- ance permanently lifted? wages? Health care going up by 15 to 20 ple’’; who insists repeatedly that judges on Madam Speaker, if we do not right percent a year? Pharmaceutical costs the other side of issues ‘‘need to be intimi- this wrong that will send and is send- going up by 20 percent a year. What tri- dated’’ and rejects the idea of a separation of ing a signal to every uniformed officer church and state; who claims there are not umph of ideas? parents trying to raise families on the min- in America, if you tell the truth and if Ms. WASSERMAN SCHULTZ. Do not imum wage—that ‘‘fortunately, such fami- that truth embarrasses a bureaucrat or forget the deficit. lies no not exist’’ (at least Newt Gingrich a political appointee, you are more ex- Mr. RYAN of Ohio. A deficit, $500 bil- was intrigued by the challenges of poverty); pendable than the civilian officer, and lion? Now that is not even factoring in who once said: ‘‘A woman can’t take care of

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22439 the family. It takes a man to provide struc- fringe that has been governing this in- House, not as a Democrat or a Repub- ture.’’ I could go on all day. Congress has al- stitution, and this country for the last lican or the one independent that we ways had its share of extremists. But the 10 years. Most of us are mainstream. have here in this House. They look at DeLay era is the first time the fringe has ever been in charge. Most people consider themselves very us as stewards of this democracy that The only comparison to DeLay & Co. middle of the road, moderate, not left, people have died for us to have the op- might be the Radical Republicans of the not right, just middle of the road, and portunity. 1860s. But the 19th-century Radical Repub- they want the course to generally be And I yield back to the gentleman lican agenda was to integrate and remake steering in an almost straight path, from Ohio (Mr. RYAN). the South. The 21st-century Radical Repub- not veering in one direction or another, Mr. RYAN of Ohio. Well, I am just lican agenda is to enact the wish list of the and most definitely, not favoring one going to wrap up here in the final, un- tobacco and gun lobbies, repeal health and safety regulations and spend billions on group over another. This leadership has less the gentlewoman has any final shameless pork-barrel projects to keep the clearly favored the privileged, and it is comments. GOP at the trough. Another analogy is to not like, there is no question about Ms. WASSERMAN SCHULTZ. No, I Republican Speaker Joe Cannon, who ran the that; that is documented fact. The was just going to suggest that you give House with an iron fist a century ago. But privileged, they are first in line to get out the website. And we always encour- Cannon had to contend with Progressive Re- theirs. And you know, if we can throw age people who watch us each week to publicans who eventually stripped him of his some crumbs to the people who are av- contact us, give us your thoughts and power. DeLay’s ruling radical conservative claque remains united, at least for now. erage everyday Americans, then you opinions and please let Members know. Comparisons with fellow Texan Sam Ray- know that is fine, too. Mr. RYAN of Ohio. It is a little late burn fall short, too. Rayburn was respected But we have got to make sure that tonight. If you are still up, on both sides of the aisle for his rock-solid we get back to the competence that we [email protected]. integrity. He and most other House speakers need to run this government. We have Send us some e-mails. We have been carefully balanced their support for cor- to rid this government of the cronyism getting some really great ones, and a porate interests like the oil depletion allow- and the corruption, and we have got to lot of them lately. ance with at least some sense of public good. And they had to share much of their power restore the fourth C which is the Amer- f ican people’s confidence. with committee chairmen. Today, seniority LEAVE OF ABSENCE is much less important. Chairmen are term- Mr. MEEK of Florida. I have had very limited (six years) or tossed if they displease little to say in this condensed time By unanimous consent, leave of ab- DeLay. And this crowd views ‘‘the public in- that we have. I think it is important sence was granted to: terest’’ as strictly for liberal pantywaists. for us to make sure that folks are not Mr. DELAHUNT (at the request of Ms. How have they succeeded? A new book ‘‘Off just, Members are not just watching PELOSI) for today and October 7. Center: The Republican Revolution and the Mr. CROWLEY (at the request of Ms. Erosion of American Democracy,’’ by Jacob thinking that we are going, just com- S. Hacker and Paul Pierson, explains how ing out of the sky with this stuff. We PELOSI) for today. the GOP is simply better than the Demo- gave it at the WashingtonPost.com. We Mr. POE (at the request of Mr. BLUNT) cratic Party at the basic blocking and tack- also said, if you wanted to cosponsor for today after 2:00 p.m. on account of ling of politics, including the exploitation of on House Resolution 3764, which is a business in his district. cultural and religious issues. The authors bill that we have put forth to be about Mr. ROYCE (at the request of Mr. argue that even if DeLay goes down, the the solution, making sure that we can BLUNT) for today and October 7 on ac- zealotry and corporate shilling will continue count of medical reasons. as long as the GOP controls the House. Con- head off a lack of governance, not pay- sider DeLay’s temporary replacement, Mis- ing attention to the things that we f need to pay attention to. souri Rep. Roy Blunt. The Washington Post SPECIAL ORDERS GRANTED reported last week that Blunt is respected by One thing about Katrina, Madam Republican members in part because he has Speaker, and Rita was the fact that we By unanimous consent, permission to ‘‘strong ties to the Washington lobbying are not ready to respond to a cata- address the House, following the legis- community.’’ That’s a qualification for of- strophic event here in the United lative program and any special orders fice? States. And I can tell you that our heretofore entered, was granted to: The only reason the House hasn’t done (The following Members (at the re- even more damage is that the Senate often military is ready, but the question is, sands down the most noxious ideas, making are our American leaders ready to request of Mr. PALLONE) to revise and ex- the bills merely bad, not disastrous. What spond? Do we have what we need to tend their remarks and include extra- next for the House of Shame? If DeLay’s ac- have in place as it relates to the man- neous material:) quitted, he’ll be back in power. If he’s con- agement? Ms. KAPTUR, for 5 minutes, today. victed, his prote´ge´s will continue his work. And if you want to cosign on this Mr. SCHIFF, for 5 minutes, today. Reform efforts by fiscal conservatives deter- independent commission, that I must Ms. WOOLSEY, for 5 minutes, today. mined to curb their borrow-and-spend col- Mr. DEFAZIO, for 5 minutes, today. leagues are probably doomed. The only way say to the gentleman from Ohio (Mr. to get rid of the termites eating away the RYAN) that we talked about before, 81 Mr. BROWN of Ohio, for 5 minutes, people’s House is to stamp them out at the percent of the polls show that Ameri- today. next election. cans want to see an independent com- Mr. EMANUEL, for 5 minutes, today. Mr. RYAN of Ohio. I would be happy mission, you can sign on to this bill Mr. GEORGE MILLER of California, for to yield to the gentlewoman from Flor- just as a regular U.S. citizen, 5 minutes, today. ida (Ms. WASSERMAN SCHULTZ). HouseDemocrats.gov/Katrina. Ms. SOLIS, for 5 minutes, today. Ms. WASSERMAN SCHULTZ. With that, I say to the gentleman Mr. GRIJALVA, for 5 minutes, today. Madam Speaker, and yet they are still, from Ohio (Mr. RYAN) that we have a Mr. HOLT, for 5 minutes, today. in the aftermath of Katrina, in the lot of work here to do. No one is saying Mr. BARROW, for 5 minutes, today. aftermath of Rita, with ballooning that anyone is guilty or whatever the (The following Members (at the re- deficits and horrific corruption and case may be because we know that quest of Mr. KUHL of New York) to re- cronyism, still talking about tax cuts, there will be a court of law that that vise and extend their remarks and in- making the tax cuts permanent. They will take plays and on behalf of the include extraneous material:) are still talking about budget rec- stitution, I hope all works well as it re- Mr. PAUL, for 5 minutes, today and onciliation, which is Washington speak lates to democracy prevailing. October 7. for cuts. They are still talking about But I will tell you that it is impor- Mr. OSBORNE, for 5 minutes, today. not providing what people in this coun- tant, and it is embarrassing to be a Mr. GINGREY, for 5 minutes, October try, in the middle, in the middle, the Member of the 109th Congress with this 7. average hardworking American needs. cloud over this institution. And people Mr. MCCAUL of Texas, for 5 minutes, You know, the gentleman from Ohio are going to look at, they do not care. today. (Mr. RYAN) is absolutely right. It is the They look at you as a Member of the Mr. MCHENRY, for 5 minutes, today.

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Mr. KUHL of New York, for 5 minutes, 4400. A letter from the Assistant to the final rule—Industries in American Samoa; today. Board, Board of Governors of the Federal Re- Wage Order—October 4, 2005, pursuant to 5 Mr. POE, for 5 minutes, October 7. serve System, transmitting the Board’s final U.S.C. 801(a)(1)(A); to the Committee on Edu- rule—Community Reinvestment Act Regula- cation and the Workforce. Mr. BURTON of Indiana, for 5 minutes, tions [Regulation BB; Docket No. R-1225] re- 4410. A letter from the Deputy Executive today and October 7. ceived July 29, 2005, pursuant to 5 U.S.C. Director, Pension Benefit Guaranty Corpora- Mr. FORBES, for 5 minutes, October 7. 801(a)(1)(A); to the Committee on Financial tion, transmitting the Corporation’s final Mr. JONES of North Carolina, for 5 Services. rule—Benefits Payable in Terminated Sin- minutes, October 7. 4401. A letter from the Assistant to the gle-Employer Plans; Allocation of Assets in Board, Division of Consumer and Comm. Af- Single-Employer Plans; Interest Assump- f fairs, Board of Governors of the Federal Re- tions for Valuing and Paying Benefits—re- SENATE BILL REFERRED serve System, transmitting the Board’s final ceived September 8, 2005, pursuant to 5 rule—Truth in Lending [Regulation Z; Dock- U.S.C. 801(a)(1)(A); to the Committee on Edu- A bill of the Senate of the following et No. R-1231] received August 10, 2005, pursu- cation and the Workforce. title was taken from the Speaker’s ant to 5 U.S.C. 801(a)(1)(A); to the Committee 4411. A letter from the Deputy Executive table and, under the rule, referred as on Financial Services. Director, Pensions Benefit Guaranty Cor- follows: 4402. A letter from the Regulatory Spe- poration, transmitting the Corporation’s S. 392. An act to authorize the President to cialist, Legislative and Regulatory Activi- final rule—Benefits Payable in Terminated award a gold medal on behalf of Congress, ties Division, Office of the Comptroller of Single-Employer Plans; Allocation of Assets collectively, to the Tuskegee Airmen in rec- the Currency, Department of the Treasury, in Single-Employer Plans; Interest Assump- ognition of their unique military record, transmitting the Department’s final rule— tions for Valuing and Paying Benefits—re- which inspired revolutionary reform in the Community Reinvestment Act Regulations ceived August 2, 2005, pursuant to 5 U.S.C. Armed Forces; to the Committee on Finan- [Docket No. 05-11] (RIN: 1557-AB98) received 801(a)(1)(A); to the Committee on Education cial Services. August 3, 2005, pursuant to 5 U.S.C. and the Workforce. 801(a)(1)(A); to the Committee on Financial 4412. A letter from the Attorney, Office of f Services. Assistant General Counsel for Legislation 4403. A letter from the Counsel for Legisla- and Regulatory Law, Department of Energy, SENATE ENROLLED BILL SIGNED tion and Regulations, Department of Hous- transmitting the Department’s final rule— The SPEAKER announced his signa- ing and Urban Development, transmitting Guidelines for Voluntary Greenhouse Gas ture to an enrolled bill of the Senate of the Department’s final rule—Mixed-Finance Reporting (RIN: 1901-AB11) received Sep- the following title: Development for Supportive Housing for the tember 21, 2005, pursuant to 5 U.S.C. Elderly or Persons With Disabilities and 801(a)(1)(A); to the Committee on Energy and S. 1413. An act to redesignate the Crowne Other Changes to 24 CFR Part 891 [Docket Commerce. Plaza in Kingston, Jamaica as the Colin L. No. FR-4725-F-02] (RIN: 2502-AH83) received 4413. A letter from the General Counsel, Powell Residential Plaza. September 21, 2005, pursuant to 5 U.S.C. Federal Energy Regulatory Commission, f 801(a)(1)(A); to the Committee on Financial transmitting the Commission’s final rule— Services. Standardization of Small Generator Inter- BILL PRESENTED TO THE 4404. A letter from the Counsel for Legisla- connection Agreements and Procedures PRESIDENT tion and Regulations, Office of Public and In- [Docket No. RM02-12-000] received July 29, Jeff Trandahl, Clerk of the House re- dian Housing, Department of Housing and 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Urban Development, transmitting the De- Committee on Energy and Commerce. ports that on October 3, 2005, he pre- partment’s final rule—Revisions to the Pub- 4414. A letter from the Secretary of the sented to the President of the United lic Housing Operating Fund Program [Dock- Commission, Federal Trade Commission, States, for his approval, the following et No. FR-4874-F-08] (RIN: 2577-AC51) re- transmitting the Commission’s final rule— bill. ceived September 30, 2005, pursuant to 5 Labeling and Advertising of Home Insula- H.R. 3863. Natural Disaster Student Aid U.S.C. 801(a)(1)(A); to the Committee on Fi- tion: Trade Regulation Rule—received Au- Fairness Act. nancial Services. gust 4, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); 4405. A letter from the Director, Office of to the Committee on Energy and Commerce. f Legislative Affairs, Federal Deposit Insur- 4415. A letter from the Acting Director, Of- ADJOURNMENT ance Corporation, transmitting the Corpora- fice of Congressional Affairs, U.S. Nuclear tion’s final rule—Securities of Nonmember Regulatory Commission, transmitting the Mr. RYAN of Ohio. Madam Speaker, I Insured Banks (RIN: 3064-AC88) received Au- Commission’s final rule—List of Approved move that the House do now adjourn. gust 23, 2005, pursuant to 5 U.S.C. Spent Fuel Storage Casks: NAC-UMS Revi- The motion was agreed to; accord- 801(a)(1)(A); to the Committee on Financial sion 4 (RIN: 3150-AH75) received July 26, 2005, ingly (at midnight), the House ad- Services. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- journed until today, Friday, October 7, 4406. A letter from the Director, Office of mittee on Energy and Commerce. Legislative Affairs, Federal Deposit Insur- 4416. A letter from the Acting Director, Of- 2005, at 9 a.m. ance Corporation, transmitting the Corpora- fice of Congressional Affairs, U.S. Nuclear f tion’s final rule—Community Reinvestment Regulatory Commission, transmitting the Act Regulations (RIN: 3064-AC89) received Commission’s final rule—Incorporation by EXECUTIVE COMMUNICATIONS, August 23, 2005, pursuant to 5 U.S.C. Reference of ASME BPV Code Cases (RIN: ETC. 801(a)(1)(A); to the Committee on Financial 3150-AH35) received October 4, 2005, pursuant Under clause 8 of rule XII, executive Services. to 5 U.S.C. 801(a)(1)(A); to the Committee on 4407. A letter from the Acting Deputy Di- Energy and Commerce. communications were taken from the rector, Office of Federal Housing Enterprise 4417. A letter from the Director, Office of Speaker’s table and referred as follows: Oversight, transmitting the Office’s final Congressional Affairs, U.S. Nuclear Regu- 4398. A letter from the Chairman and Chief rule—Mortgage Fraud Reporting (RIN: 2550- latory Commission, transmitting the Com- Executive Officer, Farm Credit Administra- AA31) received July 26, 2005, pursuant to 5 mission’s final rule—EMERGENCY PRE- tion, transmitting the Administration’s final U.S.C. 801(a)(1)(A); to the Committee on Fi- PAREDNESS AND RESPONSE ACTIONS rule—Title IV Conservators, Receivers, and nancial Services. FOR SECURITY-BASED EVENTS [NRC Voluntary Liquidations; Receivership Repu- 4408. A letter from the Assistant Secretary, BULLETIN 2005-02] received July 26, 2005, diation Authorities (RIN: 3052-AC26) received Division of Corporate Finance, Securities pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- September 26, 2005, pursuant to 5 U.S.C. and Exchange Commission, transmitting the mittee on Energy and Commerce. 801(a)(1)(A); to the Committee on Agri- Commission’s final rule—OWNERSHIP RE- 4418. A letter from the Acting Director, Of- culture. PORTS AND TRADING BY OFFICERS, DI- fice of Congressional Affairs, U.S. Nuclear 4399. A letter from the Chairman and Chief RECTORS AND PRINCIPAL SECURITY Regulatory Commission, transmitting the Executive Officer, Farm Credit Administra- HOLDERS [RELEASE NOS. 33-8600; 34-52202; Commission’s final rule—List of Approved tion, transmitting the Administration’s final 35-28013; IC-27025; File No. S7-27-04] (RIN: Spent Fuel Storage Casks: Standardized rule—Funding and Fiscal Affairs, Loan Poli- 3235-AJ27) received August 10, 2005, pursuant NUHOMS-32PT, -24HB, and -24PTH Revision cies and Operations, and Funding Oper- to 5 U.S.C. 801(a)(1)(A); to the Committee on 8 (RIN: 3150-AH77) received September 26, ations; Investments, Liquidity, and Divesti- Financial Services. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the ture (RIN: 3052-AC22) received September 8, 4409. A letter from the Senior Regulatory Committee on Energy and Commerce. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Officer, Wage and Hour Division, Department 4419. A letter from the Chairman, Council Committee on Agriculture. of Labor, transmitting the Department’s of the District of Columbia, transmitting a

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—HOUSE 22441 copy of D.C. ACT 16-171, ‘‘Prescription Drug Rita (RIN: 1010-AD28) received October 4, 4440. A letter from the Chairman, Farm Excessive Pricing Act of 2005,’’ pursuant to 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Credit Administration, transmitting the Ad- D.C. Code section 1—233(c)(1); to the Com- Committee on Resources. ministration’s final rule—Organization; mittee on Government Reform. 4431. A letter from the Acting Assistant Standards of Conduct and Referral of Known 4420. A letter from the Chairman, Council Secretary, DHRC, Department of the Inte- or Suspected Criminal Violations; Loan Poli- of the District of Columbia, transmitting rior, transmitting the Department’s final cies and Operations; Funding and Fiscal Af- copy of D.C. ACT 16-170, ‘‘Walter Reed Prop- rule—Marine Mammals; Native Exemptions fairs, Loan Policies and Operations, and erty Tax Exemption Reconfirmation Act 0f (RIN: 1018-AT48) received August 12, 2005, Funding Operations; Disclosure to Share- 2005,’’ pursuant to D.C. Code section 1— pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- holders; Preferred Stock (RIN: 3052-AC21) re- 233(c)(1); to the Committee on Government mittee on Resources. ceived September 20, 2005, pursuant to 5 Reform. 4432. A letter from the Acting Principal U.S.C. 801(a)(1)(A); jointly to the Committees 4421. A letter from the Chairman, Council Deputy Assistant Secretary, Bureau of In- on Agriculture and Financial Services. of the District of Columbia, transmitting dian Affairs, Department of the Interior, 4441. A letter from the Regulations Coordi- copy of D.C. ACT 16-184, ‘‘Income With- transmitting the Department’s final rule— nator, CMS, Department of Health and holding Transfer and Revision Temporary Navajo Partitioned Lands Grazing Permits Human Services, transmitting the Depart- Amendment Act of 2005,’’ pursuant to D.C. (RIN: 1076-AE46) received October 4, 2005, ment’s final rule—Medicaid Program; State Code section 1—233(c)(1); to the Committee pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Allotments for Payment of Medicare Part B on Government Reform. mittee on Resources. Premiums for Qualifying Individuals: Fed- 4422. A letter from the Chairman, Council 4433. A letter from the Director Regula- eral Fiscal Year 2005 [CMS-2210-IFC] (RIN: of the District of Columbia, transmitting a tions Management, Department of Veterans 0938-AO04) received August 25, 2005, pursuant copy of D.C. Act 16-183, ‘‘District of Colum- Affairs, transmitting the Department’s final to 5 U.S.C. 801(a)(1)(A); jointly to the Com- bia Emancipation Day Alternate Date Tem- rule—Exceptions to Definition of Date of Re- mittees on Energy and Commerce and Ways porary Amendment Act of 2005,’’ pursuant to ceipt Based on Natural or Man-made Disrup- and Means. D.C. Code section 1—233(c)(1); to the Com- tion of Normal Business Practices (RIN: 2900- 4442. A letter from the Deputy Assistant mittee on Government Reform. AL12) received September 2, 2005, pursuant Administrator, Office of Diversion Control, 4423. A letter from the Chairman, Council to 5 U.S.C. 801(a)(1)(A); to the Committee on Drug Enforcement Administration, Depart- of the District of Columbia, transmitting a Veterans’ Affairs. ment of Justice, transmitting the Depart- copy of D.C. ACT 16-173, ‘‘District of Colum- 4434. A letter from the Director of Regula- ment’s final rule—Definition and Registra- bia Bus Shelter Temporary Amendment Act tions Management, Department of Veterans tion of Reverse Distributors [Docket No. of 2005,’’ pursuant to D.C. Code section 1— Affairs, transmitting the Department’s final DEA-108F] (RIN: 1117-AA19) received Sep- 233(c)(1); to the Committee on Government rule—Jurisdictions and Addresses of Re- tember 19, 2005, pursuant to 5 U.S.C. Reform. gional Counsels (RIN: 2900-AM20) received 801(a)(1)(A); jointly to the Committees on 4424. A letter from the Chairman, Council September 2, 2005, pursuant to 5 U.S.C. Energy and Commerce and the Judiciary. of the District of Columbia, transmitting a 801(a)(1)(A); to the Committee on Veterans’ f copy of D.C. ACT 16-172, ‘‘Brentwood Retail Affairs. Center Real Property Tax Exemption Tem- 4435. A letter from the Chief, Regulations REPORTS OF COMMITTEES ON porary Act of 2005,’’ pursuant to D.C. Code Management, Department of Veterans Af- PUBLIC BILLS AND RESOLUTIONS section 1—233(c)(1); to the Committee on fairs, transmitting the Department’s final Government Reform. rule—Audits of States, Local Governments, Under clause 2 of rule XIII, reports of 4425. A letter from the Chairman, Council and Non-Profit Organizations; Grants and committees were delivered to the Clerk of the District of Columbia, transmitting a Agreements with Institutions of Higher Edu- for printing and reference to the proper copy of D.C. ACT 16-182, ‘‘Dog Park Estab- cation, Hospitals, and other Non-Profit Orga- calendar, as follows: lishment Amendment Act of 2005,’’ pursuant nizations (RIN: 2900-AJ62) received August Mr. BARTON of Texas: Committee on En- to D.C. Code section 1—233(c)(1); to the Com- 25, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to ergy and Commerce. H.R. 3893. A bill to expe- mittee on Government Reform. the Committee on Veterans’ Affairs. dite the construction of new refining capac- 4426. A letter from the Deputy Archivist of 4436. A letter from the Director, Regula- ity in the United States, to provide reliable the United States, National Archive and tions and Rulings Division, Alcohol & To- and affordable energy for the American peo- Records Administration, transmitting the bacco Tax & Trade Bureau, Department of ple, and for other purposes; with an amend- Administration’s final rule—Records Center the Treasury, transmitting the Department’s ment (Rept. 109–244, Pt. 1). Referred to the Facility Standards (RIN: 3095-AB31) received final rule—Establishment of the Niagara Es- Committee of the Whole House on the State September 1, 2005, pursuant to 5 U.S.C. carpment Viticultural Area (2004R-589P) of the Union. 801(a)(1)(A); to the Committee on Govern- [T.D. TTB-33; Re: Notice No. 33] (RIN: 1513- Mr. LINCOLN DIAZ-BALART of Florida: ment Reform. AA97) received September 23, 2005, pursuant Committee on Rules. House Resolution 481. 4427. A letter from the Director, Division of to 5 U.S.C. 801(a)(1)(A); to the Committee on Resolution providing for the consideration of Strategic Human Resources Policy, Office of Ways and Means. the bill (H.R. 3983) to expedite the construc- Personnel Management, transmitting the Of- 4437. A letter from the SSA Regulations Of- tion of new refining capacity in the United fice’s final rule—Information Technology ficer, Office of Disability and Income Secu- States, to provide reliable and affordable en- Exchange Program (RIN: 3206-AJ91) received rity Programs, Social Security Administra- ergy for the American people, and for other August 25, 2005, pursuant to 5 U.S.C. tion, transmitting the Administration’s final purposes (Rept. 109–245). Referred to the 801(a)(1)(A); to the Committee on Govern- rule—Technical Revisions to the Supple- House Calendar. ment Reform. mental Security Income (SSI) Regulations 4428. A letter from the Director, Division on Income and Resources (RIN: 0960-AE79) DISCHARGE OF COMMITTEE for Strategic Human Resources Policy, Of- received July 26, 2005, pursuant to 5 U.S.C. Pursuant to clause 2 of rule XII the fice of Personnel Management, transmitting 801(a)(1)(A); to the Committee on Ways and Committees on Transportation and In- the Office’s final rule—Law Enforcement Of- Means. frastructure, Armed Forces, and Re- ficer and Firefighter Retirement (RIN: 3206- 4438. A letter from the SSA Regulations Of- sources discharged for further consider- AJ39) received July 29, 2005, pursuant to 5 ficer, Office of Regulations, Social Security ation. H.R. 3893 referred to the Com- U.S.C. 801(a)(1)(A); to the Committee on Gov- Administration, transmitting the Adminis- ernment Reform. tration’s final rule—Revised Medical Criteria mittee of the Whole House on the State 4429. A letter from the Director, Division for Evaluating Impairments That Affect of the Union. for Strategic Human Resources Policy, Of- Multiple Body Systems [Regulation No. 4] f fice of Personnel Management, transmitting (RIN: 0960-AF32) received September 8, 2005, the Office’s final rule—Retirement Credit for pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- PUBLIC BILLS AND RESOLUTIONS Certain Government Service Performed mittee on Ways and Means. Under clause 2 of rule XII, public Abroad (RIN: 3206-AK84) received September 4439. A letter from the SSA Regulations Of- 30, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to ficer, Social Security Administration, trans- bills and resolutions were introduced the Committee on Government Reform. mitting the Administration’s final rule—Up- and severally referred, as follows: 4430. A letter from the Asst. Secretary for date to Divided State Retirement Systems By Mr. RAHALL (for himself, Mr. INS- Land and Minerals Management, Depart- Coverage Group List and Technical Covergae LEE, Mr. SHAYS, Mr. GEORGE MILLER ment of the Interior, transmitting the De- Corrections Required by the Social Security of California, Mr. HINCHEY, Mr. KUCI- partment’s final rule—Royalty Payment and Protection Act of 2004 [Regulations No. 4] NICH, Mr. BLUMENAUER, Mr. GRI- Royalty and Production Reporting Require- (RIN: 0960-AG18) received July 29, 2005, pur- JALVA, and Mr. ANDREWS): ments Relief for Federal Oil and Gas Lessees suant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 3968. A bill to modify the require- Affected by Hurricane Katrina or Hurricane mittee on Ways and Means. ments applicable to locatable minerals on

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22442 CONGRESSIONAL RECORD—HOUSE October 6, 2005 public domain lands, consistent with the By Mr. BOUSTANY (for himself, Mr. sions as fall within the jurisdiction of the principles of self-initiation of mining claims, BOEHNER, Mr. MCKEON, Mr. WILSON of committee concerned. and for other purposes; to the Committee on South Carolina, Mr. PORTER, Mr. By Mr. HOLT (for himself and Mr. Resources. JINDAL, Mr. ALEXANDER, Mr. BAKER, TERRY): By Mr. BLUNT (for himself, Mr. CAR- Mr. MCCRERY, and Mr. PICKERING): H.R. 3986. A bill to require the Secretary of DOZA, Mr. BONNER, Mr. ROGERS of H.R. 3976. A bill to accelerate the reem- Energy to conduct a study on the potential Alabama, Mr. PICKERING, and Mr. ployment and employment of individuals af- fuel savings from intelligent transportation WICKER): fected by Hurricanes Katrina and Rita by es- systems that help businesses and consumers H.R. 3969. A bill to provide for the designa- tablishing grants to eligible entities to pro- to plan their travel and avoid delays; to the tion of a Department of Agriculture disaster vide worker recovery accounts to eligible in- Committee on Energy and Commerce. liaison to assist State and local employees of dividuals; to the Committee on Education By Mr. JINDAL: the Department in coordination with other and the Workforce. H.R. 3987. A bill to amend the Internal Rev- disaster agencies in responding to federally By Mr. ANDREWS: enue Code of 1986 to provide tax incentives declared disasters; to the Committee on Ag- H.R. 3977. A bill to require owners of prop- for Hurricane Katrina recovery in the Gulf riculture. erty to test and disclose the water quality of Opportunity Zone; to the Committee on By Mr. ISSA: qualified wells before selling or leasing the Ways and Means. H.R. 3970. A bill to amend title 28, United property, and for other purposes; to the Com- By Mr. JINDAL (for himself, Mr. States Code, to provide liability protections mittee on Energy and Commerce. BAKER, Mr. MCCRERY, Mr. ALEX- for certain pandemics and countermeasures; By Mr. BEAUPREZ: ANDER, and Mr. BOUSTANY): to the Committee on the Judiciary, and in H.R. 3978. A bill to authorize the Secretary H.R. 3988. A bill to provide for priority in addition to the Committee on Energy and of Energy to purchase certain essential min- Commerce, for a period to be subsequently Federal contracting for businesses in areas eral rights and resolve natural resource dam- adversely affected by Hurricane Katrina and determined by the Speaker, in each case for age liability claims; to the Committee on consideration of such provisions as fall with- Hurricane Rita and treatment of small busi- Resources. ness concerns adversely affected by Hurri- in the jurisdiction of the committee con- By Mr. BURTON of Indiana (for himself cerned. cane Katrina and Hurricane Rita as and Mr. RAMSTAD): HUBZone small business concerns, and for By Mr. DEAL of Georgia (for himself, H.R. 3979. A bill to suspend temporarily the Mr. MCCRERY, Mr. JINDAL, Mr. other purposes; to the Committee on Govern- provisions of title 5, United States Code, re- ment Reform, and in addition to the Com- BAKER, and Mr. BOUSTANY): lating to the mandatory separation of mem- H.R. 3971. A bill to provide assistance to in- mittee on Small Business, for a period to be bers of the Capitol Police by reason of age or dividuals and States affected by Hurricane subsequently determined by the Speaker, in years of service; to the Committee on House Katrina; to the Committee on Ways and each case for consideration of such provi- Means, and in addition to the Committee on Administration, and in addition to the Com- sions as fall within the jurisdiction of the Energy and Commerce, for a period to be mittee on Government Reform, for a period committee concerned. subsequently determined by the Speaker, in to be subsequently determined by the Speak- By Mr. KLINE (for himself, Mr. GUT- each case for consideration of such provi- er, in each case for consideration of such pro- KNECHT, Mr. RAMSTAD, Mr. OBERSTAR, sions as fall within the jurisdiction of the visions as fall within the jurisdiction of the Mr. PETERSON of Minnesota, Mr. KEN- committee concerned. committee concerned. NEDY of Minnesota, Mr. SABO, and By Ms. HART (for herself and Ms. By Mr. DINGELL (for himself, Mr. Ms. MCCOLLUM of Minnesota): BROWN of Ohio, Mr. WAXMAN, Mrs. MILLENDER-MCDONALD): H.R. 3989. A bill to designate the facility of H.R. 3972. A bill to provide effective train- CAPPS, Mr. PALLONE, Mr. BOUCHER, the United States Postal Service located at ing and education programs for displaced and Ms. BALDWIN): 37598 Goodhue Avenue in Dennison, Min- homemakers, single parents, and individuals H.R. 3980. A bill to amend title XIX of the nesota, as the ‘‘Albert Harold Quie Post Of- entering nontraditional employment; to the Social Security Act to improve the qualified fice’’; to the Committee on Government Re- Committee on Education and the Workforce. Medicare beneficiary (QMB) and specified form. By Mr. UDALL of New Mexico (for low-income Medicare beneficiary (SLMB) By Mr. LANGEVIN: himself, Mr. GRIJALVA, and Mr. programs within the Medicaid Program; to H.R. 3990. A bill to suspend temporarily the RAHALL): the Committee on Energy and Commerce. duty on Pigment Yellow 219; to the Com- H.R. 3973. A bill to authorize the Forest By Mr. DOOLITTLE: mittee on Ways and Means. Service and the Bureau of Land Management H.R. 3981. A bill to authorize the Secretary By Mr. LANGEVIN: of Agriculture to carry out certain land ex- to carry out a series of pilot projects to en- H.R. 3991. A bill to suspend temporarily the changes involving small parcels of National courage collaborative approaches to, and to duty on Pigment Blue 80; to the Committee Forest System land in the Tahoe National provide research on, the rehabilitation of on Ways and Means. Forest in the State of California, and for forest ecosystem health following uncharac- By Mr. LANGEVIN: other purposes; to the Committee on Re- teristic disturbances of forested Federal H.R. 3992. A bill to extend the temporary sources. lands, to be conducted in a manner that pro- suspension of duty on Solvent Blue 104; to By Mr. DOOLITTLE: tects wildlife habitat, water quality, and for- the Committee on Ways and Means. H.R. 3982. A bill to establish a pilot pro- est resiliency while also promoting social By Mr. LANGEVIN: and economic opportunities in nearby com- gram to eliminate certain restrictions on eligible certified development companies; to H.R. 3993. A bill to suspend temporarily the munities, and for other purposes; to the duty on Pigment Yellow 180; to the Com- Committee on Agriculture, and in addition the Committee on Small Business. By Mr. ENGLISH of Pennsylvania: mittee on Ways and Means. to the Committee on Resources, for a period By Mr. LANGEVIN: to be subsequently determined by the Speak- H.R. 3983. A bill to amend the Internal Rev- H.R. 3994. A bill to extend the temporary er, in each case for consideration of such pro- enue Code of 1986 to provide incentives to re- suspension of duty on Pigment Red 187; to visions as fall within the jurisdiction of the store and increase oil and natural gas pro- the Committee on Ways and Means. committee concerned. duction; to the Committee on Ways and By Mr. LANGEVIN: By Mr. LUCAS (for himself, Mr. HAYES, Means. H.R. 3995. A bill to extend the temporary Mr. PETERSON of Minnesota, Mr. By Ms. GRANGER: suspension of duty on 4-amino-2,5- ETHERIDGE, Mr. HINOJOSA, Mr. HOL- H.R. 3984. A bill to amend the Internal Rev- dimethoxy-N-phenylbenzene sulfonamide; to DEN, and Mr. JENKINS): enue Code of 1986 to allow a credit for the H.R. 3974. A bill to prohibit the closure or purchase of idling reduction systems for die- the Committee on Ways and Means. relocation of county or local Farm Service sel-powered on-highway vehicles; to the By Mr. LANGEVIN: Agency offices pending the completion of the Committee on Ways and Means. H.R. 3996. A bill to suspend temporarily the next omnibus agriculture law; to the Com- By Ms. HARMAN (for herself, Mr. duty on Pigment Yellow 214; to the Com- mittee on Agriculture. SHAYS, Mr. SKELTON, Mr. CASTLE, Mr. mittee on Ways and Means. By Mr. JINDAL (for himself, Mr. BOEH- CONYERS, Mr. HOYER, Mr. DICKS, and By Mr. LATOURETTE (for himself, Ms. NER, Mr. MCKEON, Mr. CASTLE, Mr. Mrs. TAUSCHER): HOOLEY, Mr. CASTLE, Ms. PRYCE of WILSON of South Carolina, Mr. POR- H.R. 3985. A bill to provide standards for Ohio, and Mr. MOORE of Kansas): TER, Mr. BOUSTANY, Mr. ALEXANDER, the treatment of persons under custody or H.R. 3997. A bill to amend the Fair Credit Mr. MCCRERY, and Mr. PICKERING): control of the United States Government, Reporting Act to provide for secure financial H.R. 3975. A bill to ease the provision of and for other purposes; to the Committee on data, and for other purposes; to the Com- services to individuals affected by Hurri- Armed Services, and in addition to the Com- mittee on Financial Services. canes Katrina and Rita, and for other pur- mittee on the Judiciary, for a period to be By Ms. MCKINNEY: poses; to the Committee on Education and subsequently determined by the Speaker, in H.R. 3998. A bill to provide farm debt and the Workforce. each case for consideration of such provi- program relief to African-American farmers

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who suffered discrimination in the adminis- CHER, Mr. MCGOVERN, Mr. MICHAUD, THOMPSON of Mississippi, and Mr. tration of Department of Agriculture farm Mrs. CAPPS, Mr. JEFFERSON, Mr. HONDA): credit programs and other agriculture pro- PAYNE, and Mr. EVANS): H. Con. Res. 259. Concurrent resolution ex- grams, and for other purposes; to the Com- H.R. 4007. A bill to amend title 38, United pressing the sense of Congress with respect mittee on Agriculture. States Code, to provide additional authority to raising awareness and enhancing the state By Ms. MILLENDER-MCDONALD: for the Secretary of Veterans Affairs to proof computer security in the United States, H.R. 3999. A bill to direct the Secretary of vide health care for a period of two years to and supporting the goals and ideals of Na- Homeland Security to establish the National members of the Armed Forces (including tional Cyber Security Awareness Month; to Emergency Family Locator System; to the members of the National Guard serving the Committee on Science. Committee on Transportation and Infra- under State authority) who serve in areas af- By Mr. HOLT: structure, and in addition to the Committee fected by Hurricane Katrina and Hurricane H. Con. Res. 260. Concurrent resolution recon Education and the Workforce, for a period Rita, to provide for the Secretary of Vet- ognizing the 40th anniversary of the Second to be subsequently determined by the Speak- erans Affairs and the Secretary of Defense to Vatican Council’s Declaration on the Rela- er, in each case for consideration of such pro- enter into an agreement with the National tion of the Church to Non-Christian Reli- visions as fall within the jurisdiction of the Academy of Sciences to survey and assess gions, Nostra Aetate, and the continuing committee concerned. the potential health consequences of service need for mutual interreligious respect and By Mr. MORAN of Kansas (for himself by members in those areas, and for other dialogue; to the Committee on International and Mr. OSBORNE): purposes; to the Committee on Veterans’ Af- Relations. H.R. 4000. A bill to authorize the Secretary fairs, and in addition to the Committee on By Mr. PAYNE (for himself, Mr. SMITH of the Interior to revise certain repayment Armed Services, for a period to be subse- of New Jersey, Ms. WATSON, Mr. contracts with the Bostwick Irrigation Dis- quently determined by the Speaker, in each MEEKS of New York, Mr. RANGEL, and trict in Nebraska, the Kansas Bostwick Irri- case for consideration of such provisions as Ms. LEE): gation District No. 2, the Frenchman-Cam- fall within the jurisdiction of the committee H. Con. Res. 261. Concurrent resolution bridge Irrigation District, and the Webster concerned. paying tribute to the Africa-America Insti- Irrigation District No. 4, all a part of the By Mr. TANCREDO (for himself, Mr. tute (AAI) for its more than 50 years of dedi- Pick-Sloan Missouri Basin Program, and for BEAUPREZ, Mr. HOLT, Mr. SIMPSON, cated service toward nurturing and other purposes; to the Committee on Re- Mr. CONYERS, Mr. FOSSELLA, Mr. HIG- unleashing the productive capacities of sources. GINS, Mr. BASS, Mr. PRICE of North knowledgeable, capable, and effective Afri- By Mr. OTTER: Carolina, Mr. ROHRABACHER, Mr. can leaders through education; to the Com- H.R. 4001. A bill to temporarily waive the GRAVES, Mr. RAMSTAD, Mr. COBLE, mittee on International Relations. restriction on highway use in applying the and Mrs. MUSGRAVE): By Ms. SOLIS (for herself, Ms. PELOSI, tax exemption for diesel fuel used on a farm H.R. 4008. A bill to posthumously award a Mr. MCDERMOTT, Ms. WASSERMAN for farming purposes; to the Committee on Congressional gold medal on behalf of each SCHULTZ, Mr. GRIJALVA, Ms. ROYBAL- Ways and Means. person aboard United Airlines Flight 93 who ALLARD, Mr. REYES, Mr. ORTIZ, Mr. By Mr. PAUL: helped resist the hijackers and caused the HONDA, Mr. PALLONE, Mrs. JONES of H.R. 4002. A bill to ensure that a private plane to crash; to the Committee on Finan- Ohio, Mrs. MCCARTHY, Mr. WAXMAN, for-profit nursing home affected by a major cial Services. Mr. LANTOS, Mr. GUTIERREZ, Mr. disaster receives the same reimbursement as By Mr. THOMPSON of Mississippi (for CUELLAR, Mr. MORAN of Virginia, Ms. a public nursing home affected by a major himself, Ms. HARMAN, Mr. LANGEVIN, MILLENDER-MCDONALD, Mr. MCGOV- disaster; to the Committee on Transpor- Ms. ZOE LOFGREN of California, Ms. ERN, Ms. LINDA T. SA´ NCHEZ of Cali- tation and Infrastructure. NORTON, Mr. PASCRELL, Mrs. fornia, Mr. SHERMAN, Ms. NORTON, By Mr. PAUL: CHRISTENSEN, Ms. JACKSON-LEE of Mr. CONYERS, Mr. BERMAN, Mr. H.R. 4003. A bill to make amendments to Texas, Mr. DEFAZIO, Mr. MEEK of TOWNS, Mr. CROWLEY, Mr. RUSH, Mr. the Iran Nonproliferation Act of 2000 related Florida, Mr. DICKS, Mr. ETHERIDGE, SCOTT of Virginia, Mr. SERRANO, Mr. to International Space Station payments; to and Mrs. LOWEY): RANGEL, Mrs. CHRISTENSEN, Mr. MEEK the Committee on International Relations, H.R. 4009. A bill to direct the Secretary of of Florida, Mr. GONZALEZ, Ms. EDDIE and in addition to the Committee on Homeland Security to conduct comprehen- BERNICE JOHNSON of Texas, Ms. ZOE Science, for a period to be subsequently de- sive examinations of the human resource ca- LOFGREN of California, Mrs. NAPOLI- termined by the Speaker, in each case for pabilities and needs, organizational struc- TANO, Ms. LEE, Mr. LEWIS of Georgia, consideration of such provisions as fall with- ture, innovation and improvement plans, in- Mr. PAYNE, Ms. VELA´ ZQUEZ, Ms. LO- in the jurisdiction of the committee con- telligence and information analysis capabili- RETTA SANCHEZ of California, Mr. cerned. ties and resources, infrastructure capabili- WYNN, Ms. WOOLSEY, Ms. KILPATRICK By Mr. PAUL: ties and resources, budget, and other ele- of Michigan, Ms. WATSON, Mr. H.R. 4004. A bill to reduce the price of gaso- ments of the homeland security program and BECERRA, Mr. HINCHEY, Mr. KUCINICH, line by allowing for offshore drilling, elimi- policies of the United States; to the Com- Mr. DAVIS of Illinois, Mr. COSTA, Mr. nating Federal obstacles to constructing re- mittee on Homeland Security, and in addi- MENENDEZ, Mr. FORTUN˜ O, Mrs. BONO, fineries and providing incentives for invest- tion to the Committees on Intelligence (Per- Mr. SCHIFF, Mr. ENGEL, Mr. STARK, ment in refineries, suspending Federal fuel manent Select), and Transportation and In- Ms. JACKSON-LEE of Texas, Mr. BACA, taxes when gasoline prices reach a bench- frastructure, for a period to be subsequently Mr. KILDEE, Mr. AL GREEN of Texas, mark amount, and promoting free trade; to determined by the Speaker, in each case for Ms. CORRINE BROWN of Florida, Mrs. the Committee on Ways and Means, and in consideration of such provisions as fall with- CAPPS, Ms. BALDWIN, and Mr. PAS- addition to the Committees on Resources, in the jurisdiction of the committee con- TOR): and Financial Services, for a period to be cerned. H. Con. Res. 262. Concurrent resolution subsequently determined by the Speaker, in By Mr. UDALL of New Mexico (for supporting the observance of National each case for consideration of such provi- himself, Ms. CARSON, Mr. CLEAVER, Latino AIDS Awareness Day on October 15th, sions as fall within the jurisdiction of the Mr. DAVIS of Illinois, Mr. DELAHUNT, 2005, and for other purposes; to the Com- committee concerned. Mr. AL GREEN of Texas, Mr. GRI- mittee on Energy and Commerce. By Mr. REICHERT (for himself, Mr. JALVA, Mr. KANJORSKI, Mr. MCIN- By Mr. LANTOS (for himself and Mr. MEEK of Florida, Ms. SLAUGHTER, Mr. TYRE, Mr. PALLONE, and Mr. WEX- HYDE): LATOURETTE, Mr. BRADY of Pennsyl- LER): H. Res. 479. A resolution recognizing the vania, Ms. HOOLEY, Mr. HIGGINS, Mr. H.R. 4010. A bill to provide emergency as- 50th Anniversary of the Hungarian Revolu- STUPAK, Mr. SMITH of Washington, sistance for families receiving assistance tion that began on October 23, 1956 and re- and Mr. MCNULTY): under part A of title IV of the Social Secu- affirming the friendship between the people H.R. 4005. A bill to revise and extend the rity Act and low-income working families; to and governments of the United States and National Police Athletic League Youth En- the Committee on Ways and Means. Hungary; to the Committee on International richment Act of 2000; to the Committee on By Ms. WATSON (for herself, Mr. Relations. the Judiciary. MICHAUD, and Mr. BURTON of Indi- By Mr. DREIER (for himself and Ms. By Mr. SHAW (for himself and Mr. ana): SLAUGHTER): TANNER): H.R. 4011. A bill to prohibit after 2008 the H. Res. 480. A resolution permitting indi- H.R. 4006. A bill to permit startup partner- introduction into interstate commerce of viduals to be admitted to the Hall of the ships and S corporations to elect taxable mercury intended for use in a dental filling, House in order to obtain footage of the years other than required years; to the Com- and for other purposes; to the Committee on House in session for inclusion in the orienta- mittee on Ways and Means. Energy and Commerce. tion film to be shown to visitors at the Cap- By Mr. STRICKLAND (for himself, Ms. By Mr. BOEHLERT (for himself, Mr. itol Visitor Center; to the Committee on KILPATRICK of Michigan, Mr. BOU- GORDON, Mr. KING of New York, Mr. Rules.

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By Ms. HERSETH: Ms. ESHOO, Mr. GENE GREEN of Texas, and H.R. 1721: Mr. LOBIONDO and Mr. ISRAEL. H. Res. 482. A resolution expressing the Mr. ISSA. H.R. 1736: Mr. CUNNINGHAM, Mr. FRANK of sense of the House of Representatives that a H.R. 700: Mr. CHANDLER, Mr. RUPPERS- Massachusetts, and Mr. MCGOVERN. commemorative postage stamp should be BERGER, and Mr. MCGOVERN. H.R. 1749: Mr. LATOURETTE. issued to honor sculptor Korczak H.R. 745: Mr. GOHMERT. H.R. 1772: Mr. PORTER. Ziolkowski; to the Committee on Govern- H.R. 791: Mr. SCHIFF, Mr. MCNULTY, Mr. H.R. 1774: Mr. FERGUSON and Ms. MOORE of ment Reform. WU, Mr. MEEK of Florida, and Mr. BOSWELL. Wisconsin. By Ms. MILLENDER-MCDONALD: H.R. 807: Mr. GRIJALVA. H.R. 1849: Mr. WAMP. H. Res. 483. A resolution supporting the H.R. 813: Mr. HASTINGS of Florida and Mr. H.R. 1898: Mr. POMBO, Mr. ROSS, Mr. goals and ideals of National Teen Dating Vi- VAN HOLLEN. HEFLEY, Mr. YOUNG of Florida, Mr. TURNER, olence Awareness and Prevention Week; to H.R. 817: Ms. CARSON and Mr. BROWN of Mr. KNOLLENBERG, and Mr. PASTOR. the Committee on Government Reform. South Carolina. H.R. 2000: Ms. SCHAKOWSKY and Ms. By Mr. PORTER (for himself, Mrs. H.R. 851: Mr. DICKS, Mr. BAIRD, and Mr. WASSERMAN SCHULTZ. BIGGERT, Mr. OSBORNE, Mr. HINOJOSA, MCDERMOTT. H.R. 2045: Mr. BUYER. Mrs. MCCARTHY, Mr. GRIJALVA, and H.R. 864: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 2061: Mr. BOUCHER. Mr. VAN HOLLEN): fornia, Ms. SOLIS, Mr. FORD, Ms. ROS- H.R. 2073: Mr. UDALL of New Mexico. H. Res. 484. A resolution supporting efforts LEHTINEN, Mr. GERLACH, Mrs. CUBIN, Ms. H.R. 2076: Mr. EDWARDS. to promote greater awareness of effective CARSON, Mr. SMITH of Washington, Ms. EDDIE H.R. 2112: Mr. BARTLETT of Maryland, Mr. runaway youth prevention programs and the BERNICE JOHNSON of Texas, and Mr. GIBBONS. LEWIS of Kentucky, Mr. CHABOT, Mr. PITTS, need for safe and productive alternatives, re- H.R. 867: Mr. ANDREWS. Mr. BISHOP of Utah, Mr. HENSARLING, Mr. sources, and supports for homeless youth; to H.R. 916: Mr. LOBIONDO, Mr. MCCAUL of GARRETT of New Jersey, Mrs. MUSGRAVE, Mr. the Committee on Education and the Work- Texas, Ms. DEGETTE, Mr. PASTOR, Ms. ROS- COLE of Oklahoma, Mr. KLINE, Mr. NEUGE- ˜ force. LEHTINEN, Mr. BOEHLERT, Mr. SPRATT, Mrs. BAUER, Mr. FORTUNO, Mr. CANTOR, Mr. By Mr. SOUDER (for himself, Mr. CUM- LOWEY, and Mr. DAVIS of Kentucky. WELDON of Florida, Mr. GINGREY, Mr. SHAD- MINGS, Mr. TOM DAVIS of Virginia, H.R. 920: Mr. BONNER, Mr. MOORE of Kan- EGG, and Mr. JONES of North Carolina. Mr. BLUNT, Mr. LARSEN of Wash- sas, Mr. HENSARLING, Mr. MARCHANT, and Mr. H.R. 2209: Mr. GREEN of Wisconsin. ington, Mr. TURNER, Mr. BURTON of GREEN of Wisconsin. H.R. 2229: Mrs. DRAKE. H.R. 2231: Mr. CUELLAR and Mr. BONILLA. Indiana, Ms. GRANGER, Mr. CARDOZA, H.R. 923: Mr. CROWLEY, Mr. PORTER, Mr. H.R. 2238: Mr. RUPPERSBERGER, Mr. SHU- Mr. WALDEN of Oregon, Mr. CALVERT, SIMMONS, and Mr. EDWARDS. STER, and Mr. BACHUS. Mr. CANNON, Mr. PETERSON of Penn- H.R. 972: Mr. WELLER, Mr. CARDOZA, Mr. H.R. 2327: Ms. WASSERMAN SCHULTZ and Mr. sylvania, Mr. VAN HOLLEN, Mr. BOOZ- LEACH, and Mr. FORTENBERRY. PALLONE. MAN, Mr. LATHAM, and Mr. TERRY): H.R. 986: Mr. RUPPERSBERGER and Mr. KUHL H.R. 2333: Mr. TIERNEY. H. Res. 485. A resolution supporting the of New York. H.R. 2340: Mr. ALLEN and Mr. SHERMAN. goals of Red Ribbon Week; to the Committee H.R. 994: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 2357: Mr. RUSH. on Energy and Commerce. fornia. H.R. 2386: Mr. LAHOOD, Mr. UDALL of New H.R. 1068: Mr. KIRK and Mrs. EMERSON. f Mexico, Mr. MATHESON, Mr. RAMSTAD, Mr. H.R. 1071: Mr. GONZALEZ. RUPPERSBERGER, Mr. LYNCH, Mr. BAKER, and ADDITIONAL SPONSORS H.R. 1079: Mr. BACHUS. Mr. PAYNE. H.R. 1106: Ms. WASSERMAN SCHULTZ. Under clause 7 of rule XII, sponsors H.R. 2428: Mr. OLVER, Mr. EVANS, Mr. H.R. 1123: Mr. PETERSON of Minnesota. HONDA, Mr. PAYNE, Mr. KENNEDY of Rhode Is- were added to public bills and resolu- H.R. 1175: Mr. FRANK of Massachusetts. land, Mrs. TAUSCHER, Mr. ANDREWS, and Mr. tions as follows: H.R. 1188: Ms. LEE and Ms. SCHAKOWSKY. BLUMENAUER. H.R. 23: Mrs. MUSGRAVE, Mr. EDWARDS, and H.R. 1202: Ms. BALDWIN. H.R. 2533: Mr. KUHL of New York, Mr. RUP- Mr. MATHESON. H.R. 1204: Mr. COSTA. PERSBERGER, Mrs. MCCARTHY, Mr. GREEN of H.R. 25: Mr. HUNTER. H.R. 1227: Mr. FRELINGHUYSEN, Mrs. KELLY, Wisconsin, Mr. BLUMENAUER, Mr. ROTHMAN, H.R. 49: Mr. ROTHMAN. Mr. GIBBONS, and Mr. POMBO. and Mr. GRIJALVA. H.R. 97: Mr. SCOTT of Virginia and Mr. MIL- H.R. 1241: Mr. BONNER. H.R. 2567: Mr. BROWN of South Carolina. LER of North Carolina. H.R. 1246: Mr. BURGESS. H.R. 2636: Mrs. CAPPS and Mr. WAXMAN. H.R. 110: Mr. BISHOP of New York. H.R. 1258: Mr. PRICE of North Carolina. H.R. 2646: Mr. HERGER. H.R. 111: Mr. POMBO. H.R. 1294: Mr. MCHUGH and Mrs. BIGGERT. H.R. 2663: Mr. HOLT. H.R. 179: Mr. HENSARLING. H.R. 1298: Mr. BOUCHER. H.R. 2664: Mr. LEWIS of Kentucky. H.R. 180: Mr. CANNON. H.R. 1310: Mr. GRIJALVA. H.R. 2668: Mr. SHAW. ´ H.R. 198: Mr. LYNCH. H.R. 1322: Ms. LINDA T. SANCHEZ of Cali- H.R. 2694: Mr. SANDERS, Mr. RAHALL, and H.R. 224: Mr. LANTOS, Mr. RUPPERSBERGER, fornia and Ms. MCCOLLUM of Minnesota. Mr. MCGOVERN. Mr. ETHERIDGE, Mr. JEFFERSON, Mr. ROTH- H.R. 1333: Mr. MCCAUL of Texas, Miss H.R. 2716: Mr. BOSWELL. MAN, Mr. EVANS, and Mr. MCGOVERN. MCMORRIS, and Mr. DAVIS of Kentucky. H.R. 2792: Mr. FLAKE. H.R. 225: Mr. BACA. H.R. 1356: Mr. OLVER. H.R. 2804: Mr. HENSARLING and Mr. MARCH- H.R. 226: Mr. MILLER of North Carolina. H.R. 1366: Mr. EMANUEL and Mr. FRANK of ANT. H.R. 269: Mr. STRICKLAND and Mr. MAN- Massachusetts. H.R. 2823: Mr. PUTNAM. ZULLO. H.R. 1376: Mr. BARTLETT of Maryland and H.R. 2835: Mr. RUPPERSBERGER, Mr. MCGOV- H.R. 284: Mr. MOORE of Kansas. Ms. LINDA T. SA´ NCHEZ of California. ERN, Mr. SHERMAN, Mr. PALLONE, and Mr. H.R. 297: Ms. CARSON. H.R. 1402: Mr. SABO, Mr. CLYBURN, Mr. BLU- ROTHMAN. H.R. 303: Mr. FITZPATRICK of Pennsylvania. MENAUER, Mrs. LOWEY, and Mr. MATHESON. H.R. 2876: Mr. GUTIERREZ, Mr. GERLACH, H.R. 311: Mr. LARSEN of Washington. H.R. 1425: Mr. JACKSON of Illinois. Mr. RUPPERSBERGER, Mr. TERRY, Mr. MCCOT- H.R. 314: Mr. OBEY. H.R. 1435: Mr. SERRANO. TER, Mrs. MILLER of Michigan, Mr. CAPUANO, H.R. 331: Mr. CAMP. H.R. 1498: Ms. DELAURO, Mrs. CHRISTENSEN, and Mr. TAYLOR of North Carolina. H.R. 363: Mr. BOUCHER, Mr. FORD, Mr. Mr. OTTER, Mr. WYNN, Mr. TOWNS, and Mr. H.R. 2892: Mr. KLINE. RAHALL, Mr. ENGEL, and Mr. MCGOVERN. EDWARDS. H.R. 2926: Mr. BROWN of Ohio and Mr. TIER- H.R. 371: Ms. ROS-LEHTINEN and Mrs. H.R. 1506: Mr. EVANS, Mr. FILNER, Mr. RUP- NEY. NORTHUP. PERSBERGER, Mr. HOLDEN, and Mr. ROTHMAN. H.R. 2939: Mr. CARDIN, Mr. CASE, and Mr. H.R. 373: Mr. LANTOS and Ms. SOLIS. H.R. 1507: Mr. RYAN of Ohio. WAXMAN. H.R. 475: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 1554: Mr. REYES. H.R. 2943: Mr. RUPPERSBERGER. fornia. H.R. 1598: Mr. HALL. H.R. 2959: Ms. SCHWARTZ of Pennsylvania. H.R. 478: Mr. COSTA. H.R. 1602: Mr. SNYDER and Mr. HALL. H.R. 2961: Mr. KANJORSKI. H.R. 500: Mr. GINGREY. H.R. 1632: Mr. OBERSTAR, Mr. BRADY of H.R. 2963: Mr. CROWLEY, Mr. BROWN of H.R. 543: Mr. STARK. Pennsylvania, Mr. ALEXANDER, and Ms. Ohio, and Mr. VAN HOLLEN. H.R. 551: Mr. BROWN of Ohio and Mr. EDDIE BERNICE JOHNSON of Texas. H.R. 2989: Mr. HOLT, Mr. BLUMENAUER, Mr. RAHALL. H.R. 1634: Mr. NADLER. CHANDLER, Mr. FILNER, and Mr. BOUCHER. H.R. 582: Mr. MENENDEZ, Mr. STRICKLAND, H.R. 1636: Mr. NEAL of Massachusetts. H.R. 2990: Mr. GILLMOR. and Mr. HIGGINS. H.R. 1668: Mr. SERRANO, Mr. REYES, and H.R. 3005: Mr. JONES of North Carolina, Ms. H.R. 583: Mr. GORDON, Mr. RANGEL, Mr. Mrs. LOWEY. HARMAN, Mr. BECERRA, and Ms. LINDA T. KIND, and Mr. BROWN of Ohio. H.R. 1687: Mr. MENENDEZ, Mr. FILNER, Mrs. SA´ NCHEZ of California. H.R. 699: Mr. GONZALEZ, Mr. WELLER, Ms. DAVIS of California, Ms. JACKSON-LEE of H.R. 3047: Mr. SIMMONS and Ms. SLAUGH- SCHWARTZ of Pennsylvania, Mr. SIMMONS, Texas, Mr. PAYNE, and Mr. ROTHMAN. TER.

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H.R. 3063: Ms. ESHOO, Mr. MCCOTTER, Mr. H.R. 3685: Mr. CRAMER. SKY, Mr. PALLONE, Mr. FILNER, and Mr. BER- LANTOS, Mr. CAPUANO, Mr. REYES, Mr. VIS- H.R. 3690: Mr. KIND and Mr. MICHAUD. MAN. CLOSKY, and Mr. SANDERS. H.R. 3698: Mr. GRIJALVA and Ms. WASSER- H.R. 3929: Mr. ROYCE. H.R. 3086: Mr. SHERMAN and Mrs. CAPPS. MAN SCHULTZ. H.R. 3931: Mr. WAXMAN and Mr. BROWN of H.R. 3111: Mr. BAKER. H.R. 3708: Mr. GONZALEZ, Mr. RUPPERS- South Carolina. H.R. 3127: Ms. LINDA T. SA´ NCHEZ of Cali- BERGER, Mr. HASTINGS of Florida, and Mrs. H.R. 3937: Mr. OSBORNE. fornia, Ms. MILLENDER-MCDONALD, and Mrs. NAPOLITANO. H.R. 3938: Mrs. MILLER of Michigan and Mr. JO ANN DAVIS of Virginia. H.R. 3709: Mr. PITTS, Mr. HOSTETTLER, Mr. ALEXANDER. H.R. 3137: Mr. PUTNAM, Mr. PETERSON of CULBERSON, Mr. TANCREDO, Mr. WILSON of H.R. 3944: Mr. SANDERS. South Carolina, Mr. KINGSTON, Mr. GOODE, Pennsylvania, Mr. POE, and Mr. BARRETT of H.R. 3954: Mr. ABERCROMBIE, Ms. MCCOL- Mr. GUTKNECHT, Mr. WAMP, Mr. FEENEY, Mr. South Carolina. LUM of Minnesota, Mr. MCGOVERN, Ms. LEE, BERMAN, Mr. UDALL of Colorado, and Mr. H.R. 3145: Mr. HOLT, Mrs. DAVIS of Cali- and Mr. SANDERS. GRIJALVA. fornia, Mr. JOHNSON of Illinois, Mr. MCGOV- H.J. Res. 54: Mr. WAXMAN. H.R. 3727: Mr. SMITH of Washington. ERN, and Mr. SAXTON. H. Con. Res. 85: Mr. ANDREWS. H.R. 3737: Mr. BARTLETT of Maryland and H.R. 3147: Mr. BROWN of Ohio. H. Con. Res. 173: Mr. RUSH, Mr. FORD, Mr. Mr. GREEN of Wisconsin. H.R. 3162: Mr. MOORE of Kansas and Mr. HINCHEY, Mr. POMEROY, and Mr. DAVIS of Illi- GREEN of Wisconsin. H.R. 3739: Mr. PUTNAM and Mr. PETERSON of Pennsylvania. nois. H.R. 3180: Mr. DAVIS of Kentucky. H. Con. Res. 184: Mr. REYES, Mr. PRICE of H.R. 3181: Mr. DAVIS of Kentucky. H.R. 3748: Mr. WEXLER, Ms. MCCOLLUM of Minnesota, Mr. HINCHEY, and Mr. PALLONE. North Carolina, Mr. RYAN of Ohio, Ms. H.R. 3186: Mr. FORBES and Ms. HERSETH. SCHWARTZ of Pennsylvania, Mr. FORD, Mr. H.R. 3191: Mr. MCGOVERN. H.R. 3754: Mr. EVANS. H.R. 3762: Mr. FARR, Mr. SANDERS, Mr. BISHOP of New York, Mr. ETHERIDGE, Mr. H.R. 3194: Mr. FARR, Mr. SERRANO, Mr. FRANK of Massachusetts, Mr. UDALL of Colo- TOWNS, Mr. MENENDEZ, Mr. ACKERMAN, and WEXLER, Ms. SOLIS, Mr. LEWIS of Georgia, rado, and Ms. MOORE of Wisconsin. Mr. ISRAEL. and Mr. GRIJALVA. H.R. 3782: Mrs. LOWEY. H. Con. Res. 197: Mr. NEAL of Massachu- H.R. 3255: Mr. MOORE of Kansas. H.R. 3785: Mrs. DRAKE. setts, Mr. MEEHAN, and Mr. CAPUANO. H.R. 3263: Mr. GRIJALVA. H.R. 3787: Mr. GRIJALVA. H. Con. Res. 215: Mr. SHERMAN. H.R. 3301: Mr. GREEN of Wisconsin and Mr. H.R. 3811: Mr. MANZULLO and Mr. AKIN. H. Con. Res. 222: Mr. MCGOVERN, Ms. GORDON. H.R. 3828: Mr. PAUL, Mr. ADERHOLT, Mr. HERSETH, and Mr. CONYERS. H.R. 3318: Ms. BALDWIN. JONES of North Carolina, Mr. GINGREY, Mr. H. Con. Res. 230: Mr. CANNON, Mr. BARRETT H.R. 3323: Mr. GONZALEZ, Mr. RUPPERS- WAMP, Mr. DOOLITTLE, and Mr. GOHMERT. of South Carolina, Mr. SMITH of New Jersey, BERGER, and Mr. MACK. H.R. 3838: Ms. SCHWARTZ of Pennsylvania, Mr. PUTNAM, and Mr. GERLACH. H.R. 3352: Mr. MENENDEZ. Ms. MCCOLLUM of Minnesota, Mr. WYNN, Mr. H. Con. Res. 231: Mr. ABERCROMBIE, Ms. H.R. 3361: Mr. DOGGETT and Mrs. DAVIS of HASTINGS of Florida, Mr. SANDERS, Mr. FIL- SCHAKOWSKY, and Mr. RANGEL. California. NER, Ms. MOORE of Wisconsin, and Mr. H. Con. Res. 234: Mr. KUCINICH. H.R. 3373: Mrs. CAPITO, Mr. PITTS, Mr. WEI- CARNAHAN. H. Con. Res. 238: Mr. KUCINICH. NER, Mr. SPRATT, Mr. MEEKS of New York, H.R. 3842: Mr. KINGSTON. H. Con. Res. 248: Ms. SCHWARTZ of Pennsyl- Mr. ROSS, Mr. FRANK of Massachusetts, Mr. H.R. 3843: Mr. BARRETT of South Carolina. vania, Mrs. DRAKE, Mr. MCCAUL of Texas, GOHMERT, Mr. RAHALL, Mr. GRIJALVA, Mr. H.R. 3852: Ms. LORETTA SANCHEZ of Cali- Mr. SMITH of New Jersey, Mr. MENENDEZ, Mr. SKELTON, and Mr. GENE GREEN of Texas. fornia, Mr. RYAN of Ohio, Mr. EVANS, Mr. PAYNE, and Mr. LEVIN. H.R. 3381: Mr. SHAYS. ALEXANDER, and Mr. ETHERIDGE. H. Con. Res. 252: Mr. WEXLER, Mr. H.R. 3385: Mr. BISHOP of Utah and Mr. LAN- H.R. 3854: Mr. MOORE of Kansas and Ms. TANCREDO, Mr. FORTUN˜ O, Mr. ISSA, Mr. TOS. SOLIS. SOUDER, Mr. FALEOMAVAEGA, Mr. MCCOTTER, H.R. 3417: Mr. ROHRABACHER. H.R. 3861: Mr. WEXLER, Mr. BERMAN, Mr. Mr. PENCE, Mr. BRADY of Texas, Mr. CHABOT, H.R. 3428: Mr. GARRETT of New Jersey and LANTOS, Mr. BERRY, Mr. MCGOVERN, Mr. GRI- Mr. MARCHANT, Mr. CUELLAR, Mr. FRANKS of Mr. POE. JALVA, Mr. SANDERS, Ms. LEE, Mr. OBERSTAR, Arizona, Mr. GALLEGLY, Mr. BUYER, Mr. H.R. 3449: Mr. PASCRELL and Mr. ACKER- Ms. SOLIS, Mrs. CAPPS, Mr. SHERMAN, Ms. BLUNT, Mr. WOLF, Mr. LEWIS of Kentucky, MAN. MATSUI, and Ms. BALDWIN. Mr. KING of New York, and Mr. LANTOS. H.R. 3476: Mr. BARTLETT of Maryland, Mr. H.R. 3868: Mr. GARRETT of New Jersey and H. Res. 84: Mrs. BLACKBURN. ANDREWS, and Mr. BOREN. Mr. PAUL. H. Res. 158: Mr. SANDERS. H.R. 3496: Mr. BLUMENAUER. H.R. 3888: Mr. GONZALEZ, Mr. RUPPERS- H. Res. 192: Ms. EDDIE BERNICE JOHNSON of H.R. 3506: Mr. MOORE of Kansas. BERGER, Ms. MOORE of Wisconsin, and Mr. Texas, Mr. OBERSTAR, Mr. LYNCH, Ms. LEE, H.R. 3511: Mr. PAUL and Mr. TERRY. UPTON. Mr. SNYDER, Mr. PAYNE, Mr. RYAN of Ohio, H.R. 3546: Mr. HINCHEY. H.R. 3889: Mr. FITZPATRICK of Pennsyl- Mr. MEEKS of New York, Mr. CARDOZA, Ms. H.R. 3547: Mr. MCHUGH, Mr. MILLER of vania, Mr. OTTER, Mr. CARNAHAN, and Mr. MCCOLLUM of Minnesota, Mr. MARKEY, Mr. North Carolina, and Mr. SANDERS. BISHOP of Utah. UDALL of Colorado, Mr. BERMAN, Mr. ENGEL, H.R. 3549: Mr. WOLF and Mr. SHAYS. H.R. 3900: Mr. ALEXANDER. Mr. SHAYS, Mr. MICHAUD, Mrs. CHRISTENSEN, H.R. 3561: Mr. GENE GREEN of Texas and H.R. 3903: Mr. RYUN of Kansas, Mr. PENCE, and Mr. WEXLER. Ms. CARSON. Ms. FOXX, Mr. HERGER, Mr. SHADEGG, Mrs. H. Res. 259: Mr. RUPPERSBERGER. H.R. 3569: Mr. HINCHEY, Mr. MICHAUD, Mr. MUSGRAVE, Mr. FLAKE, Mr. LEWIS of Ken- H. Res. 261: Mr. BOOZMAN. CASTLE, Mr. RUPPERSBERGER, and Mr. tucky, Mr. BARTLETT of Maryland, Mr. H. Res. 276: Ms. HARMAN and Mr. CALVERT. MCHUGH. BRADY of Texas, Mr. MCHENRY, and Mr. H. Res. 323: Mr. BEAUPREZ, Mr. CASTLE, and H.R. 3598: Mr. CROWLEY, Mr. MCDERMOTT, PRICE of Georgia. Mr. RUPPERSBERGER. Ms. LEE, Mr. GEORGE MILLER of California, H.R. 3904: Mr. RYUN of Kansas, Mr. PENCE, H. Res. 335: Mr. TIERNEY, Mr. WAXMAN, and Mr. GENE GREEN of Texas, Mr. SCHIFF, Mr. Ms. FOXX, Mr. HERGER, Mr. SHADEGG, Mrs. Mr. MCGOVERN. STARK, Mr. NADLER, Mr. FILNER, Mr. LANTOS, MUSGRAVE, Mr. FLAKE, Mr. LEWIS of Ken- Ms. MILLENDER-MCDONALD, Mrs. TAUSCHER, tucky, Mr. BARTLETT of Maryland, Mr. H. Res. 357: Mr. HALL. Ms. WATSON, Mr. THOMPSON of California, BRADY of Texas, Mr. MCHENRY, and Mr. H. Res. 368: Mr. LEACH and Mr. BARRETT of Mr. SHERMAN, Ms. EDDIE BERNICE JOHNSON of PRICE of Georgia. South Carolina. Texas, Mrs. MCCARTHY, Mr. SNYDER, Mr. H.R. 3905: Mrs. DRAKE, Ms. LINDA T. H. Res. 374: Ms. WASSERMAN SCHULTZ. DAVIS of Illinois, Ms. SCHWARTZ of Pennsyl- SA´ NCHEZ of California, Ms. SCHAKOWSKY, and H. Res. 409: Mr. UDALL of Colorado. vania, Ms. SLAUGHTER, Mr. STRICKLAND, and Mr. MCHUGH. H. Res. 447: Ms. JACKSON-LEE of Texas. Mr. RUSH. H.R. 3906: Mr. RYUN of Kansas, Mr. PENCE, H. Res. 457: Mr. GORDON, Mr. PASTOR, and H.R. 3612: Mr. PRICE of North Carolina. Ms. FOXX, Mr. HERGER, Mr. SHADEGG, Mrs. Mr. MENENDEZ. H.R. 3616: Mr. WOLF and Mr. ABERCROMBIE. MUSGRAVE, Mr. FLAKE, Mr. LEWIS of Ken- H. Res. 458: Ms. SCHWARTZ of Pennsylvania, H.R. 3617: Mr. CASTLE, Mr. ALLEN, Mr. tucky, Mr. BARTLETT of Maryland, Mr. Mr. FARR, Mr. RANGEL, Ms. LEE, Mr. GUTIER- NEUGEBAUER, and Mr. BOEHLERT. BRADY of Texas, Mr. MCHENRY, and Mr. REZ, Mrs. CHRISTENSEN, Ms. SOLIS, Ms. H.R. 3630: Mr. WELDON of Florida. PRICE of Georgia. DELAURO, Mr. GONZALEZ, Mr. STARK, and H.R. 3639: Mr. MEEHAN and Mr. INSLEE. H.R. 3909: Mr. AL GREEN of Texas. Mrs. NAPOLITANO. H.R. 3644: Mr. GERLACH, Mr. SIMMONS, Mr. H.R. 3916: Ms. LEE, Ms. SCHAKOWSKY, Mr. H. Res. 471: Mr. RUPPERSBERGER, Mr. MURPHY, Mr. ALLEN, Ms. LINDA T. SA´ NCHEZ SANDERS, and Mr. KUCINICH. MCCOTTER, and Mr. DAVIS of Illinois. of California, and Mr. BROWN of Ohio. H.R. 3922: Mr. ALEXANDER, Mr. CUMMINGS, H. Res. 472: Mr. CROWLEY, Mr. RANGEL, Ms. H.R. 3666: Mr. SMITH of Washington. and Mr. LARSON of Connecticut. SLAUGHTER, Ms. MCKINNEY, Ms. KILPATRICK H.R. 3670: Mr. SMITH of Washington. H.R. 3925: Mr. VAN HOLLEN, Mr. CROWLEY, of Michigan, Ms. ESHOO, Mr. VAN HOLLEN, H.R. 3680: Ms. HART and Mr. MATHESON. Ms. MCCOLLUM of Minnesota, Ms. SCHAKOW- Mr. PAYNE, Mr. ENGEL, and Mr. MENENDEZ.

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The Senate met at 9:30 a.m. and was INOUYE—who have worked so aggres- Army. Recently, Hungary offered to called to order by the PRESIDENT pro sively on the bill and who over the lead one of the provincial reconstruc- tempore (Mr. STEVENS). course of the day will continue to try tion teams to help stabilize Afghani- to clear amendments on both sides of stan. PRAYER the aisle. We will have votes over the Hungary is a brave nation. Hungary The Chaplain, Dr. Barry C. Black, of- course of the day on those amend- is a proud nation. On behalf of the fered the following prayer: ments. American people, I express my most Let us pray. We can and should push forward on sincere gratitude and respect for the Spirit of life, breathe Your grace in this bill today and tonight and try to invaluable contributions it has made to us. During this period of Rosh Hasha- finish the bill. If necessary, we will be the war effort. nah and Ramadan, remind us about the here tomorrow to complete our work Hungary is also playing another in- blessing of having people touch our for the week. There are a number of valuable role in the spread of democ- lives. Thank You for the people who other issues that are currently being racy. As a nation only recently live exemplary lives and show us what discussed, debated, and talked about, emerged from decades of tyranny, Hun- productive living should be. Thank You including the homeland security con- gary is sharing its unique lessons with for the people who inspire us, who mo- ference report as well as pensions legis- today’s emerging democracies. It has tivate us to strive for noble things. lation, which I have mentioned regu- established an International Center for Thank You for the people who comfort larly. Democratic Transition to reach out us, who help ease life’s hurts. Thank I hope we will be able to proceed with and nurture the world’s newest democ- You for the people who strengthen us, the cooperation of all Senators over racies. The center will act as a re- who give us courage to tackle the dif- the course of the day as we seek final source for countries in transition. ficult. Thank You for the people who passage of the Defense appropriations There, they can gain insights into the enlighten us through the written word. bill. The time does expire early in the obstacles and opportunities before Thank You for our Senators, who morning tomorrow. Thus, we should them. I have no doubt that this new work to keep us free. Give them the work toward completing that bill this center will help democracy take root, wisdom to keep their hearts pure, their afternoon and this evening. to grow, and to flourish, and will help minds clean, their words true, and f the world’s newly emerging democracies succeed. their deeds kind. HUNGARIAN PRIME MINISTER We pray in Your Holy Name. Amen. During our talks this afternoon, I Mr. FRIST. Mr. President, later this look forward to discussing these and f afternoon, several of my colleagues and many other issues of mutual interest PLEDGE OF ALLEGIANCE I have the honor of hosting Hungarian with the Prime Minister. The United Prime Minister Ferenc Gyurcsany in The PRESIDENT pro tempore led the States and Hungary have worked hard the U.S. Capitol. Pledge of Allegiance, as follows: to build a close, cooperative relation- The Prime Minister has served for ship. I am confident that through con- I pledge allegiance to the Flag of the just a little bit over 1 year. His coun- tinued exchanges and dialog, we can United States of America, and to the Repub- try, as we all know, is a valued friend lic for which it stands, one nation under God, deepen and solidify our bond as cham- indivisible, with liberty and justice for all. and ally of the United States. Hun- pions and defenders of freedom. gary’s transition to a Western-style f f parliamentary democracy was the first RESERVATION OF LEADER TIME and smoothest of the countries for- DEPARTMENT OF DEFENSE mally under the dominion of the Soviet APPROPRIATIONS ACT, 2005 The PRESIDENT pro tempore. Under bloc. the previous order, the leadership time The PRESIDENT pro tempore. Under In May of 1990, Hungary held its first is reserved. the previous order, the Senate will re- free parliamentary election. In the in- sume consideration of H.R. 2863. f tervening years, Hungary has made The legislative clerk read as follows: RECOGNITION OF THE MAJORITY tremendous strides in strengthening its A bill (H.R. 2863) making appropriations LEADER democratic foundation and becoming for the Department of Defense for the fiscal more integrated in the Euro-Atlantic year ending September 30, 2006, and for other The PRESIDENT pro tempore. The institutions. It became a full NATO purposes. majority leader is recognized. ally in March of 1999. Last spring, it Pending: f earned full membership to the Euro- Reed/Hagel amendment No. 1943, to trans- pean Union, the EU. fer certain amounts from the supplemental SCHEDULE Today, the United States and Hun- authorizations of appropriations for Iraq, Af- Mr. FRIST. Mr. President, in just a gary maintain a positive and a produc- ghanistan, and the Global War on Terrorism few moments, we will resume negotia- tive bilateral relationship. Our two to amounts for Operation and Maintenance, tions on the Defense appropriations countries work closely together and Army, Operation and Maintenance, Marine bill. Last night, we worked well into through international organizations Corps, Operation and Maintenance, Defense- wide activities, and Military Personnel in the evening and were able to make rel- such as the EU and NATO. In par- order to provide for increased personnel ative progress on the bill. The Senate ticular, Hungary has been a steadfast strengths for the Army and the Marine Corps voted overwhelmingly last night to in- ally for the United States and NATO for fiscal year 2006. voke cloture. Therefore, today we will missions in Iraq, Afghanistan, and in Coburn amendment No. 2005, to curtail be proceeding with amendments that the Balkans. It is a member of the coa- waste under the Department of Defense web- qualify under rule XXII. lition that liberated Iraq. It also con- based travel system. I thank Members for their patience tributed troops to Operation Enduring Mr. FRIST. I suggest the absence of a last night during our series of stacked Freedom in Afghanistan and has played quorum. votes. I particularly thank those Mem- an important role in the training and The PRESIDENT pro tempore. The bers—especially Senators STEVENS and equipping of the Afghan National clerk will call the roll.

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

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22447 The legislative clerk proceeded to and devastated the energy coast of this Gulf of Mexico. We have been strug- call the roll. Nation—or a large part of the energy gling to get those pipelines back up Ms. LANDRIEU. Mr. President, I ask coast. and running. The trade and commerce unanimous consent that the order for Assessments are being done by insur- of the Port of South Louisiana, com- the quorum call be rescinded. ance companies, corporations, multi- bined with the Port of New Orleans, The PRESIDENT pro tempore. With- national companies, small companies, dwarfs the Port of Houston, the Ports out objection, it is so ordered. law enforcement, cities, parishes, and of New York and New Jersey, and the Ms. LANDRIEU. Mr. President, I counties to try to get a handle on the Port of Beaumont, TX, which was also would like to speak as in morning busi- damage, but it is staggering. hit and has some destruction from ness. If any other Senator comes and This special edition, which I have Rita—thank goodness, not the same wants to speak about an amendment been reviewing since I picked it up yes- level of destruction, thank goodness on the underlying bill, I would be terday, is done by National Geo- that we didn’t lose the Port of Beau- pleased to wrap up my remarks. graphic. It is a special edition on mont or the Port of Houston. The PRESIDENT pro tempore. Katrina and Rita. It was contributed to Our ports, from the Port of Lake Speaking in my capacity as a Senator by the Times-Picayune, the Dallas Charles, from the western side, to the from Alaska and manager of the bill, I Morning News, the New York Times, Port of Iberia, to the Port of Morgan would agree to the unanimous consent and it truly is remarkable work: City, to the ports along the Mississippi that the Senator may speak but would ‘‘Katrina, Why It Became a Man-Made River, to the Port of Fourchon, which yield the floor in the event someone Disaster’’ and ‘‘Where It Could Happen is the only deepwater energy port in wishes to call up an amendment or Next.’’ It takes us through a series of the Nation right on the gulf, the dam- speak on the bill. Is that agreed? not just the way the hurricane formed age has been extensive and tremen- Ms. LANDRIEU. Yes, I would. and how powerful and devastating it dous. To this day, 30 days after—and we The PRESIDENT pro tempore. With- was, but how the levees could have will be for months and perhaps even out objection, it is so ordered. The Sen- been breached or how the levees might years—we are struggling to stand up ator is recognized as in morning busi- have collapsed, because that assess- that infrastructure. ness. ment is still being made about how The long-term building effort is Ms. LANDRIEU. Thank you, Mr. many houses have been lost, about how going to be difficult and complicated. I President. many thousands of square miles were am sorry to say this because we have Mr. President, I begin by thanking flooded in New Orleans, in Saint Ber- been criticized for saying it, but it is the Senator in the chair for his leader- nard, in Saint Tammany Parish, in going to be expensive. There is no ship in trying to help us move this De- Plaquemines Parish, how the entire cheap or easy way out of it. How we fense appropriations bill through the parish of Cameron, that had 10,000 pay for it, what revenues we assign, Congress. It is, of course, an extremely structures 8 days ago, now has one whether we raise revenues to do it, use important bill, and it is a very difficult structure standing; a courthouse that revenues we have, assess new ap- bill to manage because it is large and was built by the New Deal, the only proaches, borrow the money, in some complicated and multidimensional and structure standing in Cameron Parish. way the Federal Government and State a great need. I thank the Senator from It talks about how the combination governments and industry have to Alaska and the Senator from Hawaii of these two killer storms, and the ne- come up with the billions of dollars it for helping us to manage through this glect on the part of many—cost cutting is going to cost to restore the infra- as we try to wrap up this week. that obviously did not pay off—how it structure and the marshland that protects this infrastructure, that services (Ms. MURKOWSKI assumed the Chair.) has now wrecked this economic powerhouse. It says, actually, the economic the economy of the Nation and the HURRICANE KATRINA power has been brought to its knees. world. Ms. LANDRIEU. Madam President, The center of that powerhouse would Let me try to be as clear as I can on one of the reasons I come to the floor be the State I represent in the Senate, some of these points. There are only a this morning is to speak about an issue the State of Louisiana, that is home to few ways to get grain out of Kansas that I brought up on the floor, now the Mississippi River, the greatest and the Midwest. You can put it on many times, and so has the other Sen- delta on the continent, the greatest railroads, put it on trucks, or you can ator from Louisiana and Members of river on the continent. put it on big barges. It is a little slower our delegation, as well as Members On that river are the largest ports in on the barges, but it is a lot less expen- from the Gulf Coast States that have America. The eye of the first storm, sive. You can move the grain that we been affected by Katrina, to try to see Katrina, went right over the Port of supply and literally feed ourselves and what we can do to get some aid to our New Orleans, the South Louisiana the world with it, but it has to go States, directly into the hands of peo- Port, and barely missed the other large through on barges, down some rivers, ple who can actually put that money to port, which is the Port of Baton Rouge, and the Mississippi River is the River good use, so we do not leave here this which hosts the energy industry, the that we primarily use, that the Mis- weekend without having done some- petrochemical industry, the refining souri and the Ohio run into down the thing very clearly and very specifi- industry, the agriculture industry, the Mississippi for trade around the world. cally. commercial industry, the maritime in- If this infrastructure is left vulnerable, Now, this Congress has acted with dustry—the bulk of it in the Nation. It as it has been by exposure to the hurri- dispatch over the last 4 weeks to allo- was a direct hit to the heart of the en- cane, if we don’t figure out a way to in- cate and appropriate money to FEMA, ergy coast. vest better and more wisely, the com- the Federal Emergency Management Not only is Louisiana feeling this, merce of this whole Nation will be un- Agency, that is tasked with the respon- with 2 million people along the gulf dermined, unless you want to put all sibility of managing disasters such as coast displaced—hundreds of thousands the grain that comes from the Midwest this when they are of such a magnitude of people have lost their entire home, and all the wheat and the corn on it is really impossible for individual their entire business; the people of New trucks and put thousands of more cities or individual counties or indi- Orleans, in large measure, and Saint trucks on a highway system that is al- vidual parishes or even regions to han- Bernard and Plaquemines have lost ready overcrowded, where people are dle them. their entire parish—but everyone in already wondering how are we going to This storm was just that. It was a America is feeling this because of the survive the next few years on a high- category 5 storm, with a surge of tide higher price of goods, the higher price way system like this, with trucks that had the highest recorded level at of gasoline, and the higher price of nat- stacked up one after another. 29 feet of water—a tsunami basically of ural gas. We better keep our river channels 30 feet, approximately—that slammed There are 9,000 miles of pipeline con- open. We better invest in our inner wa- into the gulf coast about 32 days ago necting oil and gas exploration in the terways. We better start investing in

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00094 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22448 CONGRESSIONAL RECORD—SENATE October 6, 2005 more sophisticated lock and dam sys- is going to happen. We can’t even find thousand times. And they have not just tems along the Gulf of Mexico. If we the money to get a pipeline from Alas- heard it from me. They heard it from are not going to, then the other alter- ka—or figure out how to get a pipeline Senator Breaux when he was here. native is to abandon the coast and from Alaska. How are we going to take They heard it from Russell Long when move somewhere else. Maybe we should up all these pipelines and move them he was here. They have heard it from consider that. I think it is a foolish somewhere else? We don’t have a DAVID VITTER since he has been here. idea because you couldn’t accomplish choice. How much more clear can we be? They it anyway. I don’t know where we We have to take some of our general heard it from Billy Tauzin when he was would move all the refineries. We can’t fund dollars, more than we have. We chairman of the Energy Committee in even get another State anywhere in the need to, as I have said for over 10 years, the House. They heard it from CHARLIE country, except maybe Arizona, to redirect a portion of the offshore oil MELANCON who represents this district build a refinery. Nobody wants to build and gas revenues that Texas, Lou- now. They have heard it from GENE refineries. Everybody wants to put gas isiana, Mississippi, and Alabama con- TAYLOR who has represented the gulf in their car and turn the electricity on, tribute to the tune of $5 billion, actu- coast of Mississippi since he was a kid. but we can’t get anybody to lay a pipe- ally $6 billion a year last year, $155 bil- These are the kinds of people who line, build a refinery, put up a petro- lion since the 1950s, redirect some of live along the coast. They don’t have a chemical plant. I don’t know how that money into restoring our coast lot. But they do have their pride and Texas and Louisiana and Mississippi that protects this infrastructure and, their dignity. They have waited for 31 would lift 40 percent of the industry working in partnership with industries, days now, but they have waited for dec- and relocate it somewhere in the large and small, have more security ades actually for the Federal Govern- United States, but if some people think around the energy infrastructure, ment to recognize they are not in that is a cost-effective way, maybe we whether it is pipelines, petrochemical condos, having lunch at a club, sipping should do that. plants, or refineries, not just for the tea on a balcony, watching the waves. Having studied this issue for a pretty protection of the industry but for the These people don’t belong to a country long time and represented this State safety of the people who live and work club. They couldn’t afford the monthly for over 25 years, it is a foolish and in this region. dues. They could barely afford gas in foolhardy suggestion. I have a better There is a beautiful series produced their automobile to get out when one. The better one is a little bit of by Louisiana Public Television that I storms hit. Why do they live there? No. money every year, smartly invested, to will submit for the RECORD. It is not in 1, because they love it; 2, because they protect this infrastructure, to restore written form but in video form. I am work; 3, because the jobs are there; and our wetlands, to protect one of the hoping there is some way that I can 4, you can’t move the jobs. Where greatest cities in the world and the re- submit that officially for the record. would you put them? gion that surrounds it and the infra- When Bienville and Niverville came Let me show you another picture of structure that supports the commerce and settled Louisiana and claimed it as people. This is Charlene Veillon and and trade for the entire Nation—if we a colony, they didn’t come to sunbathe her son Thearon. This is a sad picture just do a little bit well every year. In- on the Mississippi River. They didn’t to look at. This is a picture of them stead, we chose to do other things with come to put up condos. They came to after being told that Charlene’s daugh- our money. secure the delta, the mouth of the ter—I am assuming his sister—who had This is a picture of the gulf. This is greatest river in the country, for the been driving from Tennessee to the gulf Mississippi. The title surge hit the gulf strategic expansion and economic fu- coast to try to help her family, when coast of Mississippi 30 feet high, ture of a nation. They asked people to no one else would come to help them, cleared everything in its path for a half come to Louisiana in hot, mosquito- this is when they learned that she died. a mile back. We saw this kind of de- ridden territory, not to sunbathe or to For a month and a half the people of struction with Camille. We hoped we vacation. Who would vacation in a the gulf coast have been crying for would never see it again. But there are swamp with mosquitos? We leave the help, asking for help. I know that we vulnerabilities living on the coast. low-lying areas and leave the mos- didn’t do everything right every When a hurricane hits you directly, quitos when we want to vacation and minute of every day. But I can tell you this is what it looks like. Right here go to the mountains. If you are lucky one thing our delegation has done: It we had houses and casinos. We also had to be able to afford a tank of gas in has come down here year after year a major shipyard that was damaged your car, you don’t stay in Louisiana and laid the case. We are happy to host pretty badly. You can’t do a lot of ship- to vacation. You go to Louisiana to the oil and gas industry, we are happy building inland. You have to have some work, even though a lot of people do to build refineries, we are happy to or- waterways and build your ships in a come to New Orleans to enjoy them- ganize our ports to transport goods all place where they have access to water. selves because it is a wonderful city. over the world so everybody can ben- Thank goodness we didn’t have just But down in the bayou, people fish, efit. We are even glad we don’t have to one shipyard on the gulf coast. Thank they trap, they hunt, they skin alli- take a lot of vacations—some of us goodness we had two because the hurri- gators, they drill for oil and gas, and couldn’t afford to go—to those cane hit one and not the other. they lay pipelines. They build ships, highrises in Florida, anyway. But all Avondale is today up and running and they fabricate so that we can produce we want is a little bit of support of building ships for our military and the jobs for people in America as well as money that we generate to protect us private sector. ourselves. and to protect the Nation from some- I don’t know if you can see this, but For 300 years, we have been growing thing such as this disaster. the Presiding Officer knows because crops, growing sugarcane, growing cot- I have to read news articles from she is from Alaska and they do some ton, growing soybeans, shipping goods some of the supposedly smartest maga- oil and gas drilling for the Nation, we around the world, drilling for oil and zines in the world telling me the reason do most of it along the gulf coast. gas, building ships and pipelines, and this happened is because the levee These are the pipelines that support asking for a little bit of money, just a board in New Orleans—I am not going that industry, as we send fuel and gas little bit, to help us invest in an infra- to support everything the levee board and electricity to Chicago, New York, structure that doesn’t just save us did, but I have to read in some sup- California, the Midwest, and supply the from death and destruction but supposedly elite magazines the reason this energy necessary to keep this economy ports a nation’s future. I have been on happened is because the levee board functioning. We have laid these pipe- this floor so many times giving this took a few hundred thousand dollars lines for over 100 years. Maybe we speech that I am positive that every and built a fountain when they should could pick them all up and move them Senator could give this speech better not have built a fountain, they should somewhere else, but I don’t think that than I because they have heard it a have been building a levee.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00095 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22449 I don’t know about the fountain, but nications system that protects Ameri- went inland away from the coast to I can promise you this: $100,000 or cans. build a city to secure the westward ex- $200,000, or $300,000 for building a foun- I know times are tough in Baghdad. pansion of the Nation. Thomas Jeffer- tain when they should have put a few Times are tough on the gulf coast. son had the sense to borrow money more sandbags on top of the levee This is a picture of a man named from the Treasury, not to spend it on would not have prevented this disaster. Pete. He is holding a 1950s picture of tax cuts, but to invest it in the Lou- What would have prevented this dis- his grandparents’ home in Empire, LA. isiana Purchase at 3 cents an acre. aster is better priorities in spending, I think Senator COCHRAN from Mis- Then Andrew Jackson went there in smarter investments, and a better sissippi has fished off Empire. He 1803 and fought the British again. Not partnership between a Federal Govern- knows it well. He fishes a great deal once; we fought them twice because ment that has decided it has other and respects the environment. they knew when we beat them in 1776, things to do, such as building levees in When Pete’s grandparents moved they could come back and take New Iraq, building schools in Iraq, and I here in the 1950s, this camp—which was Orleans and take the country away, cannot get 5 cents to build a school in a vulnerable place even before the and we fought them again. along the gulf coast. marsh eroded. It was vulnerable. I But we have a Federal Government Then I have to have magazines tell don’t know if this was his grand- for the last couple of years—I have me the people in the South are not self- parents’ home where they lived or if made some mistakes since I have been reliant; we don’t know how to walk on they were shrimpers, trappers, or here, so I am not the only one; I am not our own two legs. I am going to show a campers, or if this is a camp, as we call saying I have not made mistakes. But picture of self-reliance. See this fam- them, where you go on the weekend to we have a Federal Government whose ily. They may or may not be related. try to relax and get out of the city. only answer to any problem we have They are of different colors of skin. Anyway, what you can see beyond this had, whether it is a recession, depres- Some people are related who have dif- camp is a lot of marsh. They didn’t go sion, or irrational exuberance, a high ferent skin color, but I don’t know. out in the middle of the water and stock market, a low stock market, a This is how people all over the gulf build this camp and come miles by boat war or no war, is to give tax cuts. coast are living—helping each other to camp, although some do that, but Let me ask something: Could any- out, sharing the two bedrooms they very few. Most of these camps were at- body describe to me how this woman have, sharing the food they have, not tached to land, or they were in the could take advantage of any tax cut? complaining. But it is my job to com- 1950s. But 50 years later, there is no What would she do? Do you think she plain. I represent them. land around them because the salt- has any money in her IRA she could Before I keep talking about Lou- water has intruded because we chan- borrow to help her rebuild her house? isiana, because people say the Senator neled the Mississippi River, and the Do you think maybe she could call her only cares about her State, let me tell delta cannot replenish itself. accountant and see if he could figure you what the last page of this maga- We laid 9,000 miles of pipeline, took out a strategy for her to save a few dol- zine says, the National Geographic. It all the oil and gas out of the ground, lars on the next income tax check she is the last page. Pick it up and read it. and did not give anything back to keep pays? I don’t think so. This woman—I don’t know her name, the land stable so that Pete could The next Katrina? New Orleans was a hur- but she looks a lot like my grand- ricane tragedy waiting to happen. maybe have a place to take his grandmother before she died. There are children. Of course, the place is gone. It describes why this was inevitable. grandmothers and grandfathers all On page 57 of the National Geo- We knew it during Betsy. We knew it over the gulf coast sitting in chairs graphic, there is a great article that again at 9/11. We have known it for a just like one looking at total destruc- begins ‘‘How the Defenses Break long time. We didn’t do what we needed tion, and they have to hear from this Down.’’ It talks about barrier islands. to do. But according to NOAA—which Congress that we are about ready to We have barrier islands all around the is a very excellent organization, I must pass yet another tranche of tax cuts, coast. We are losing them rapidly off say, out of the Commerce Department but we cannot send somebody to help for which I have a lot of respect—ac- the coast of South Carolina, North her pick up the debris. cording to meteorologist Joe Golden, Carolina, Florida, Georgia, Alabama, And please don’t tell me you are ‘‘the five places in the U.S. at greatest and Dolphin Island because we don’t sending faith-based organizations. And risk for calamitous hurricanes are: take care of our barrier islands, we I say that with the greatest respect. Tampa Bay, Florida; Mobile, Alabama; don’t protect our barrier islands, we You know why? Because the church Houston, Texas; New York City and don’t invest in coastal erosion projects. that used to be here does not exist any Long Island, New York; and Miami, We let them wash away into the ocean. longer. I am certain some church could Florida.’’ Then we wonder why, when hurricanes come from New Jersey or come from Wake up, delegations from these come, they destroy a whole region. New York or come from California, but States. Many of these Senators have Every time a storm comes, we throw a this woman’s church does not stand been helping. Many of these Senators little sandbag on the islands and say any longer. understand the danger. we did something. We are not doing In my State—this may be Mis- Why do we have to go through this anything. sissippi, I don’t know—but in the State again? Why do we have to go through it We used to have hundreds of miles of of Louisiana, the Catholic Church, this time? You can’t stop hurricanes, marshland between New Orleans and which is the largest church in New Or- but you can protect yourself. You can the ocean. Please don’t insult the an- leans, is basically telling me and our set up a communications system so cestors of my city to think that they delegation and any leaders who will lis- families who are trying to help each would put a major metropolitan area ten that they may have to lay off thou- other will have their cell phones work. right on the coast. If anybody would sands of workers at the archdiocese be- You can help your police officers by get the map of the Mississippi River, cause their churches are destroyed and giving them radios that function. You they had to go up over 100 miles from their schools are destroyed. But yet we can figure out how to have more redun- the mouth of the river, and they found have a Government that wants to say: dancy so if your electricity goes down, the highest ground they could find, and Let the faith-based organizations do it. somebody can get a message through. they put the city of New Orleans there. They are faith-based organizations. The head of our National Guard from Amazingly, even in Katrina, Jackson They are the Catholic Church. They Alabama, during a CNN interview with Square did not flood. The cathedral is need help. me on this subject, said the Senator is still there, and the statue of Jesus is We have a bill we have been asking right; we are sending runners in Ala- still standing in front. for—and the President has asked for it bama, as we did in the War of 1812, and They did not put the city on low as well—and we cannot get this Con- it is 2005 and we do not have a commu- ground. Three hundred years ago, they gress to move to give some help to

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00096 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22450 CONGRESSIONAL RECORD—SENATE October 6, 2005 some of the children who were in saying, which is, We know FEMA was money to build highways and invest in Catholic schools so they can get funded, but we need help now. capital infrastructure. It is a very through this school year—70,000 of FEMA is not well led, even though smart and wise restriction because if them. We cannot move that bill. we have a new leader and he is doing a there are not restrictions like that, we That is why I am on the floor today better job than the former one. It is end up being like the U.S. Government, to talk about a lot of issues. As Sen- not well resourced. It is not well orga- which borrows to give tax cuts to peo- ators come, they may want to talk nized, and it is not being that well co- ple who did not even ask for them. about the Defense bill, but our war is ordinated at home. We can fix that, I I am sorry we cannot organize a con- right here at home. Our war is right am confident, over time. I am certain stitutional referendum in the next 30 here in the gulf coast. This debate is we have learned some of the mistakes days. Even if we could organize a con- about the protection we seek, our secu- that we have made with FEMA, and we stitutional referendum in the next 30 rity, our way of life. Millions of people can fix it; FEMA can be fixed, and we days, there are no polling places for from the gulf coast have given their will have some time to do that. But people to vote, and if we tried to find lives for this country in war after war, right now, we need to get help to the our voters, we could not find them. So in crisis after crisis, and now we ask people of Louisiana and the gulf coast. I am a little confused about how we for help and we get $63 billion to We have asked for $1.5 billion for our would do that. FEMA, which cannot seem to function State and local governments so that The State of Mississippi does not well enough to get anybody help. So I they can keep their doors open, not lay have that same restriction. I under- have come to the floor to say: OK, let’s off their core workforce, either their stand they have borrowed $500 million. catch a breath. FEMA is not working police, their fire, their permitting of- So this woman right here, who I am that well. Let’s not worry about why fices, the support that a city or county pretty sure is from Mississippi—and I now, let’s try to fix the problem and needs to function, so that over the next am not criticizing Mississippi. They take $10 billion of the $43 billion FEMA few months and few years, we can actu- have their own plans, and maybe they has that is sitting there, not getting to ally rebuild our towns. are great. But this woman will have to any of the people I showed, take it, and Last night, from what I understand, pay that $500 million back. I do not be- give it through whatever account- the White House offered $300 million, lieve that is a great idea. I do not ability mechanisms we can come up but $300 million is not enough to help think she has enough money to put with, to give people health care they the towns that are about to have to food on her table the next couple of desperately need, to give relief to our close their doors, including the city of months. If that is what they want to schools that are about to stagger and New Orleans, which is struggling to do, I do not know how they are going collapse—elementary, secondary, and stay open and to track people back to to pay this $500 million back, but I our universities that are also our the third or fourth of the city that can promise they are either going to cut major employers, that also have the function that is out of water. programs this woman benefits from or brain power that is going to help us re- The mayor announced yesterday that she is going to get charged directly for build this region; they are about ready he has to lay off 3,000 people. We do not it. That might be a good plan. I would to close their doors—to give direct aid need to be laying off people. We need to not support something like that. to our sheriffs, our police, and our fire- be hiring people. There is enough work My State cannot borrow the money, fighters who are desperately trying to to be done. Just imagine 90,000 square and even if we could, we have a billion- keep the doors open on the cities and miles of destruction. Does anybody dollar shortfall at the Federal level be- counties and communities, large and doubt that there is not a lot of work cause the income is not coming in. The small, throughout the gulf coast. Give that could be done? We do not need to oil wells are not producing, so we do us a few of those billion dollars we be laying off public employees and lay- not get our severance taxes. The ports have given to FEMA, which cannot ing off people in the private sector. We are crippled, so we are not getting that function, and let us use that money. need to be stabilizing those who are revenue. The sales taxes are way down, And if FEMA needs more money down working now and then be smart, stra- and the expenses are way up. the line, we can always give them some tegic, wise, careful, and accountable as I have listened to the Washington more. we hire help to stand up a region that Post, the New York Times, and the But we cannot do that. All we can do is not just for the people who live there Wall Street Journal tell me the people is pass a Defense bill, argue about De- but for the whole Nation. Does anyone of Louisiana are not self-reliant. Why fense authorization, take care of the doubt that there is enough work to be can’t we just fix our own problem? war in Iraq, rebuild Iraq, but we cannot done? First, it is not our problem, it is the even focus on rebuilding the gulf coast Let me show a picture of New Orle- Nation’s problem. The last time I where Americans have paid taxes their ans. This is what parts of it looked like looked, we were the United States of whole life and cannot get the Federal only a few weeks ago. It goes on for America. I am not sure we are any- Government to act effectively. miles and miles, water standing 6 feet, more, but that is what we were the last I compliment the Senator from Alas- 8 feet, 10 feet, interstates underwater. time I said the Pledge of Allegiance. ka for moving our Defense appropria- Does anybody doubt that there is a lot Either people want me to keep talk- tions bill. It is an extremely important of work to be done? Why are we laying ing or they do not have anything to say bill for our Nation, and he has been off people anywhere? I will say why— because nobody else is on the floor, so very gracious to allow me this time. I because sales taxes cannot be collected I will talk for a few more minutes and am looking to see if another Senator from empty buildings. Sales taxes can- then I am going to sit down and just shows up. I will be happy to end my re- not be collected from people who no hold my time. I will talk more about marks and take some time later today. longer live in their house and there is the general subject, but I wish to be We are on the Defense bill, and we have not a WalMart or a mom-and-pop store clear about why I am standing here and to move this bill and, of course, under to shop within miles. How does a city what we have asked for. We have asked the rules we only have 30 more hours of with a $40 million monthly payroll for some help, just anything that we debate and we have to vote on that bill. exist for more than a month or two? can take home before we leave so that The bottom line, I guess, is this: We If somebody says, Well, they can bor- people will have some hope that some- have been in negotiations with the row the money, let me talk about that body up here is listening to them. White House and with the Republican for a minute because I was a State I have asked to pull up the Grassley- leadership to pass something before we treasurer. I know a little bit about this Baucus bill, which has been unani- leave, something that is substantive issue. The constitution of the State of mously approved by Republicans and but also in some ways symbolic, that Louisiana smartly does not allow the Democrats in the Senate, not a Demo- somebody in Washington is hearing State to borrow for operating expenses. cratic bill—thank God led by a great what people from the gulf coast are Isn’t that unique. We can only borrow Senator, a Republican from Iowa who

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22451 is the chairman of the Finance Com- vote. That is all she is asking for, bring health insurance, unless we pass this mittee. He understands, even though it to a vote. bill, they can’t go knock on the door of he is not from Louisiana, how much It is my understanding that at this their pediatrician, for example, unless people are suffering, and he wants to moment in time, she has no commit- they give them a credit card or cash help. So he and Senator BAUCUS, lead- ment from the Republican leadership because there is no health insurance ers that they are, 3 weeks ago, with the in the Senate to even bring this matter without the Baucus-Grassley bill. Peo- help of Senator LINCOLN from Arkan- for a vote before we go home for 10 ple who don’t have a home, don’t have sas, put a good bill together. It cost days on a break. I ask the Senator a church or don’t have a school now do about $13 billion. If there were some from Louisiana if she could in the most not even have health care because we things eliminated, we could scale it general terms tell us what kind of have to go home on a 10-day break and back to about $6 billion or $7 billion. health care she is trying to provide to leave them wondering where they are When I say eliminated, there is some these people. Some have characterized going to get their medicine. That is help for all the States. Maybe we just it as luxurious, over-the-top health what the bill does, I say to Senator eliminate helping everyone else and care for people who do not really need DURBIN. help ourselves. We are trying to be gen- it. In fact, I heard on the floor last Mr. DURBIN. I would like to ask the erous. If other Senators want to try to night one of the Senators say: Well, Senator from Louisiana, through the help their States, who am I to say they they do not really need this. Chair, we have been through disasters cannot help their States. But if the Could the Senator from Louisiana before in America. We faced 9/11, that Senate agrees to just help Louisiana, spell out for us what she is looking to terrible day in our history when 3,000 Mississippi, Alabama, and Texas, fine achieve, what this bipartisan proposal Americans lost their lives. I would like with me. They put a bill together, we would mean to the poor people who to ask the Senator from Louisiana, if I passed it unanimously, and we cannot have lost their homes, lost their world- am not mistaken, didn’t we say we get any action on that bill. So we have ly possessions, seen their families torn were going to come in and help those asked for that. apart, and are living in shelters some- families who may have been in the We have asked for some education where around that part of our country? same circumstance, where their place money to keep our schools open. We Ms. LANDRIEU. I would be happy to, of employment just exploded and dis- are trying not to ask too much because and I thank the Senator for his leader- appeared? Also, I would ask the Sen- every time we ask for something, we ship because the Grassley-Baucus bill ator from Louisiana, when we had an are told we are greedy, we are looters, does a couple of important things that earthquake in California, in North- we are not self-reliant, how dare we are essential for the rebuilding and ridge, didn’t we step in and say we are ask on behalf of the people who have emergency needs of a population—not going to provide housing vouchers to nothing for a little money out of the just the poor but the middle income people displaced because of earth- treasury, from their own money that and those who had private insurance quakes? they put in the treasury, how dare we the day before Katrina hit. The Bau- I ask this of the Senator because I ask for it. I am not going to stop ask- cus-Grassley bill allows the States to don’t quite understand this double ing, and I do not care how many edi- know that they are going to be reim- standard. Why, if the worst natural dis- torials are written about me and my bursed for the care they are providing aster in modern memory occurred a State at this point. Just go ahead and to people who have virtually no insur- few weeks ago, are we in the midst of keep writing them. ance. For a State such as Louisiana, debating the most basic things people Mr. DURBIN. Will the Senator from whose legislature may be meeting in need in crisis: health care, housing, Louisiana yield for a question? the next few weeks, with a billion-dol- cash so they can buy the basic neces- Ms. LANDRIEU. I would be happy to. lar shortfall looming, I say to Senator sities of life? Why are we facing this Mr. DURBIN. At the outset, I would DURBIN, it is critical that the States of double standard, when America’s heart like to say that I left the floor last Louisiana and Mississippi and Alabama was broken by the scenes we saw day night, about 12 hours ago, around 11. and Texas have some idea now about after day and night after night on the Senator LANDRIEU of Louisiana was on what the Federal Government is going television screen, coming from your the floor last night. As I left, I said to do regarding their insurance. We hometown, your neighbors and their that she has shown such a passion and share it 70/30. The State cannot put up suffering? commitment to the poor people of her a 30-percent match. This bill waives Ms. LANDRIEU. I do not know, I say State of Louisiana who have been that match so that our States can start to Senator DURBIN. That is a puzzle- through this hurricane. I know she has making good budget decisions at a very ment for us. I do not have a good an- tried to work within the system, she difficult time, in addition to providing swer for that. All I can say is there are has tried to work within the Senate, health care for those who are 200 per- 2 million people displaced, many towns and she has tried to move things along cent or below of poverty—which in our are destroyed, many communities, in a peaceful, bipartisan way. I sensed State is only $18,000 or $20,000—to make both urban and suburban, rural as well in her appearance last night and her sure that people have health insurance. as highly dense. Neighborhoods of appearance on the floor now that she is But for middle-income families, black and white, Hispanic and Asian, reaching a level of frustration and con- working families, and even wealthy poor and middle-income are wondering cern that this Senate is going to go families that had health insurance, the same thing. home tonight or tomorrow and be gone this bill allows them—even if their em- Why does Congress keep giving for 10 days having done nothing to ad- ployers have gone under or taken bank- money to FEMA? FEMA is not func- dress the important issues she is rais- ruptcy or closed their doors and laid tioning very well. So when our Gov- ing. them off—to keep their health insur- ernors and our mayors and our sheriffs What the Senator has brought to our ance for a few months, for 6 months or ask for a little bit of help with health attention is the fact that we have a bi- 12 months, depending on their cat- insurance and education and the basics partisan proposal. Senator GRASSLEY, a egory. to turn running water on—we have had Republican of Iowa, and Senator BAU- A Senator said on the floor, Senator enough bottled water. Please don’t CUS, a Democrat of Montana, on the Fi- DURBIN, that people can get health in- send us any more bottled water. We nance Committee, have come up with a surance, they can get health care. Yes, have plenty. proposal to provide basic health care in some way; they can go to an emer- We need to turn the faucets on so for the evacuees and survivors of Hurri- gency room and wait for 3 days. But if water will come out so a small business cane Katrina and Hurricane Rita, basic they want to go to their doctor’s office that wants to operate can actually health care. The Senator has come to to whom they have been going for their function with some water. You cannot the Chamber repeatedly—I have seen whole life, and take their child to their have a business operating without it—trying to at least bring this to a pediatrician and they now don’t have water. That is what we need.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22452 CONGRESSIONAL RECORD—SENATE October 6, 2005 We have asked for these emergency ment appropriations bill for fiscal year of the appropriations bills that funded things, to be told we do not have the 2006, once the Department of Defense those agencies. money. I am going to sit down. In this appropriations bill is done. I think Members of all political amendment, we are asking for four or We all want to make our country stripes in both the House and in the five things, for education, for health strong again. We all want to make our Senate recognized how poorly the pub- care, for immediate needs, for help for communities strong again. One way to lic and the Congress were served by some hospitals that stayed up. Three do that is to invest in our transpor- that process. In January, everyone said hospitals stayed up the whole time in tation infrastructure, in public hous- we will not do that again. We heard it the region. If we do not help them, ing, and in the other priorities that are from the leadership of both the House these hospitals will close, employees part of that important bill. and the Senate and from the new lead- will be laid off, and whatever modest Every day we go without a Transpor- ership of the House and the Senate ap- health care system we have for the re- tation-Treasury bill is a day that we propriations committees. I am glad gion will basically be dysfunctional. fall short of making the investments they said it back in January. But from But what we really want—we want we need to make to strengthen this where I sit as the ranking member of those things, but what we want is some country. We are not talking about our the Transportation-Treasury Sub- action taken before we leave. We can physical infrastructure, we are talking committee, it sure looks to me as vote on these individually. We did get a about our own safety. As I will show in though we are now heading toward an- commitment from the administration a moment, the failure of the Senate to other Omnibus appropriations bill. that they will do more than $300 mil- bring up the Transportation-Treasury The bottom line is this. The Trans- lion. Because if we do not get more bill could actually be threatening the portation-Treasury bill has been sit- than $300 million before we leave here, safety of every American who flies on a ting on this calendar, ready to be the city of New Orleans, the Arch- commercial air carrier. called up, for almost 21⁄2 months. If we diocesan—the Catholic Diocese—or St. A floor debate on the Transportation- want to avoid another Omnibus appro- Tammany Parish, or some parts of it, Treasury bill is long overdue. The priations bill, we need to call up and or Plaquemines or St. Bernard or any House of Representatives passed this pass that bill as soon as we are done number of other places, I say to Sen- bill more than 3 months ago. The Sen- with this Defense bill. ator DURBIN, will have to lay off work- ate Appropriations Committee re- This process of sending bills approved ers who then will lose their health in- ported this bill almost 21⁄2 months ago. by the Appropriations Committee di- surance, lose whatever means they Today we are almost a full week into rectly to conference without appro- have of keeping themselves and their fiscal year 2006, and still the Senate priate debate on the Senate floor is not families intact, and the situation will has been denied an opportunity to con- just grossly unfair to Democratic Sen- be spiraling downward, not spiraling sider and debate and pass this impor- ators, it is grossly unfair to all of the upward. tant bill. The Senate needs to debate 72 Senators who do not sit on the Ap- The Senator has been very gracious. and pass this bill so we can avoid the propriations Committee. The appro- I am going to reserve the remainder of unruly and unfair process of funding priations bill that Senator BOND and I whatever time I have, but that is what the Government through another Om- are recommending to the Senate was we are asking for, and I hope we can nibus appropriations bill. The Senate approved unanimously by the Appro- get something done before we leave for needs to debate and pass this bill so all priations Committee back in mid-July. this week-and-a-half break. of the Senators, not just those on the It proposes to spend over $137 billion. The PRESIDING OFFICER. The Sen- Appropriations Committee, can have These are not just tax dollars that ator from Alaska. an opportunity to consider and, if nec- were collected in Missouri or collected Mr. STEVENS. Madam President, we essary, amend that bill. The Senate in Washington or collected in States now have the preliminary scanning of needs to debate and pass this bill so we represented by members of the Appro- the amendments that have been passed can urgently address the critical needs priations Committee, these are tax dol- by the Parliamentarian. We would be of our transportation and public hous- lars that were collected from all Amer- pleased to share that information with ing sectors, including the pressing need icans. Since that is true, every Senator any Senator who has an amendment. to protect the safety of all of our citi- should have the opportunity to debate The Senator from Louisiana does have zens. this bill and pass judgment on our rec- the floor until someone is ready to Mr. President, 2002 was the most re- ommendations. Every Senator should offer an amendment or speak on the cent year in which the Transportation be given an opportunity to amend that bill. We urge Members to come and appropriations bill was sent to the bill. start the process. We are prepared to President as a freestanding measure. I We need to avoid another Omnibus to handle amendments. On some amend- was chair of the subcommittee at that ensure a fair process. There are also ments we will make a point of order as time. Ever since then, the funding for some very practical programmatic rea- to germaneness, but we are trying to the agencies under the subcommittee’s sons why we must call up and, impor- be as broad as possible in consideration jurisdiction has been enacted as part of tantly, pass this Transportation-Treas- of Members’ amendments so we can fin- a series of unwieldy Omnibus appro- ury bill as soon as possible. Now the ish late today, if possible. priations bills. The process by which Government is functioning under a Mr. DURBIN. Madam President, I ask these bills were put together did not continuing resolution. Under the re- unanimous consent to yield to Senator reflect well on the Senate. It did not quirements of that resolution, pro- LANDRIEU at a later moment when she reflect well on the Congress as a whole. grams that are funded in the Transpor- comes to the floor, 30 minutes or more Last year’s process was the worst of tation-Treasury bill are all operating of the hour—30 minutes, I will yield to all. Last year, the Transportation, at either the lower of the funding lev- Senator LANDRIEU, postcloture. Treasury, and General Government ap- els passed by the House of Representa- The PRESIDING OFFICER. Without propriations bill for fiscal year 2005 was tives back in June or at the level the objection, it is so ordered. never even debated in the Senate. Once program was funded in fiscal year 2005. Mr. DURBIN. I thank the Chair. the appropriations bill was reported by Some observers have speculated we The PRESIDING OFFICER (Mr. EN- the Appropriations committee, the bill could be operating under this con- SIGN). The Senator from Washington. languished for months before Congress tinuing resolution until Christmas. TRANSPORTATION, TREASURY, HUD, AND went home for an election. Then, just It would take hours for me to list all GENERAL GOVERNMENT APPROPRIATIONS before Thanksgiving, Congress recon- the programs and national needs that Mrs. MURRAY. Mr. President, I rise vened and tried, in 3 days, to assemble will suffer if they are required to oper- today to urge the Senate leadership to a final conference report for dozens of ate for any length of time under the call up H.R. 3058, the Transportation, major Federal agencies, even though funding restrictions of this continuing Treasury, HUD, and General Govern- the Senate had never even passed many resolution. If we do not get agreement

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00099 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22453 soon to debate the Transportation- and to force the plane’s manufacturer Despite the fact that the Congress Treasury bill, I may well take up a lot to fix that problem. We cannot afford granted the FAA’s inspections office of the Senate floor time to explain to have an understaffed or an over- every penny that was sought in the each and every one of them. whelmed FAA safety office. President’s budget for fiscal year 2005, But today I want to focus on one Our airlines are going through a pe- the office has been required to topic and that is the topic of aviation riod of dramatic and rapid change. downsize by roughly 300 inspectors over safety and what our failure to move That puts an extraordinary amount of the course of just this last year. That this Transportation-Treasury appro- stress on the aircraft inspection func- is right. As the requirements on our priations bill means for millions of tion of the Federal Aviation Adminis- FAA inspectors to maintain safety in Americans who travel by air in this tration. our skies has increased dramatically, country today. Over the last few years, We have received a disturbing series the FAA has been downsizing its in- our national aviation enterprise—our of reports from the DOT Inspector Gen- spection force each and every month. airlines, our airports, and the FAA— eral, from the Government Accounting This unacceptable situation is one have been under an unprecedented Office, and the National Transpor- that Senator BOND and I pursued as amount of financial pressure. We now tation Safety Board citing deficiencies part of our hearings with Secretary Mi- have no fewer than six airlines in bank- with the FAA’s inspection effort. neta this year—and the House Appro- ruptcy. If jet fuel prices do not start In 2004, the NTSB found that defi- priations Committee did the same. I declining soon, that number could grow cient maintenance by an outside con- am proud to say that on a bipartisan even higher. tractor and inadequate oversight by and bicameral basis, both the Trans- In the interests of cutting costs, air- the airline and the FAA contributed to portation-Treasury bill passed by the lines on which you and I travel have the 2003 crash of a commuter flight to House and the bill that has been re- been cutting back on staff, have been Charlotte, NC. That crash killed 21 peo- ported by the Senate Appropriations renouncing their pension plans, and ple. Committee seeks to rectify the situa- have been outsourcing an increasing The DOT Inspector General first tion. percentage of their aircraft mainte- identified serious deficiencies with the The House Appropriations Com- nance. FAA’s inspection efforts back in 2002. mittee provided this office with an in- I know many other Senators, includ- Just this past June, the IG reported crease of $4 million over the Presi- ing myself, travel home almost every that many of those deficiencies have dent’s budget request and committed weekend, and we have all noticed the still not been adequately addressed. those funds to the hiring of additional changes in the service the airlines The IG found that the FAA focused inspectors. offer. Staffing is leaner than ever and too much attention on the airline’s The Senate provided an increase of $8 we have a lot of flight delays. Mechan- dwindling in-house maintenance func- million over the President’s request, ical problems are on the rise. One im- tion and not enough attention on the and we directed that funding be used to portant area of cost cutting has been outsourced maintenance activities of restore safety inspector staffing reduc- the airlines’ continuing efforts to con- their foreign contractors. tions that occurred during fiscal year tract out their aircraft maintenance The IG found that the FAA inspec- 2005. activities to third parties, including, tors were spending too much time in- Personally, I still question whether you all should know, overseas vendors specting maintenance facilities during we should be doing more in this area known as foreign repair stations. the day, while a majority of the main- since we have now had two more air- In the past, airlines maintained their tenance activities are actually con- lines in bankruptcy since we marked planes with experienced veteran union- ducted at night. up that appropriations bill. ized mechanics. Today, they outsource The IG found the FAA was doing an But still, these actions on the part of more than 50 percent, more than half of insufficient job of its surveillance of fi- the House and Senate committees indi- their maintenance work, to inde- nancially distressed or rapidly growing cate that Congress, on a bipartisan and pendent operators. Airlines such as airlines. And the IG found the FAA was a bicameral basis, is prepared to ad- Northwest send some of their aircraft not able to meet its own standards for dress this glaring safety vulnerability, as far as Singapore and Hong Kong for frequent inspections because it was even if the administration is not. heavy maintenance. short staffed. With that said, we can’t make any We have one major carrier, Jet Blue, In just the last few weeks, the FAA progress in tackling this problem if we that sends a large portion of their Air- staffing shortage has become even do not call up and pass the Transpor- bus fleet to be maintained in El Sal- more critical. As these airlines enter tation-Treasury appropriations bill. vador, Central America. That is where bankruptcy, the FAA is automatically Under the current continuing resolu- their planes are maintained. required to step up its inspections of tion, the agency can make no progress America West Airlines, now merged bankrupt carriers. in restoring the necessary FAA inspec- with U.S. Airways, does the same Today, the FAA must give height- tors to a level that could better protect thing. ened scrutiny to the six bankrupt car- us. Many of us watched in fear a few riers, as well as four other carriers that As I said, this was just one of several weeks ago when a Jet Blue A–320 was are in merger proceedings. reasons it is imperative for the Senate required to make an emergency land- Following the liquidation of Eastern leadership to call up the Transpor- ing at the Los Angeles International Airlines several years ago, a number of tation-Treasury bill. Airport. As we all watched on tele- dramatic and horrifying revelations I again implore the Senate Repub- vision, we saw its front landing gear came out regarding the maintenance lican leadership to call up the Trans- facing sideways, at 90 degrees. That shortcuts that Eastern took in the in- portation-Treasury bill immediately was not the first time the landing gear terest of conserving cash in its waning upon the completion of this Defense ap- didn’t engage correctly. In fact, it was days. The entire aviation community propriations bill. not the 5th time, it was not even the vowed that there would not ever be a We have to have the opportunity to 10th time, it was the 14th time that the repeat of the Eastern Airlines experi- debate this bill, not just for the fair- FAA learned of the front landing gear ence. ness of our colleagues and to maintain of an A–320 aircraft not engaging cor- I would think with the external rec- the integrity of the Senate, but we rectly. ommendations and the record that I must debate this bill and pass it so we According to the FAA, these 14 dan- have just cited, the FAA would now be can ensure the safety of our citizens. gerous and frightening mishaps have rapidly hiring more inspectors to keep VAWA REAUTHORIZATION occurred as a result of 5 separate and up with its growing and challenging Mr. President, I rise today to speak distinct causes. workload. Unfortunately, over the about tbe Violence Against Women It is the job of the FAA inspectors to course of the last year, the exact oppo- Act, which the Senate this week passed find out why these problems happen site has been the case. by unanimous consent.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00100 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22454 CONGRESSIONAL RECORD—SENATE October 6, 2005 For the last few months, we have dropped, I asked the managers of this I also heard from someone who works been talking about reauthorizing the bill to include another economic secu- at the employment security depart- Violence Against Women Act, or rity provision, unemployment insur- ment, who said that the numbers do VAWA, as it is better known. ance. Specifically, I asked them to pro- not suggest that women are abusing Back in 1994, through this historic vide victims of domestic violence, dat- unemployment insurance. And I heard legislation, we created a national ing violence, sexual assault, or stalk- from a survivor, who shared her story strategy for dealing with domestic vio- ing with unemployment insurance if and talked about the crucial impor- lence, establishing a community-wide they have to leave their job or are fired tance of these economic protections. response. Since we took that historical because of abuse. These are the voices we must hear. step, VAWA has been a great success in We know that a job is often the only And these are the stories we must coordinating victims’ advocates, social way for victims to build up resources learn from and let guide our work here service providers, and law enforcement for themselves to eventually leave a in the Senate. professionals to meet the immediate violent relationship, but abuse and I am going to keep coming to the challenges of combating domestic vio- stalking can make it impossible for a Senate as many times as it takes, and lence. We can clearly see that VAWA victim to keep a job. I will tell these stories until my col- has been tremendously effective. We know of cases where abusers will leagues realize this is an issue that But there is still work to be done to deliberately sabotage a victim’s ability needs to be addressed. We need to pro- protect victims of domestic violence— to work, placing harassing phone calls, vide these victims with the economic particularly when it comes to helping cutting off their transportation, show- tools to help escape their dangerous victims break the cycle of violence. ing up at the workplace and threat- situation. And that is what I am here to talk ening employees. For a long time, violence against about today—breaking the cycle of vio- When a victim loses a job because of women was considered a private mat- lence. violence, that victim should have ac- ter. That attitude hurt women. Today, Financial insecurity is a major factor cess to unemployment insurance com- stopping domestic violence is every- in ongoing domestic violence. pensation benefits. one’s business. That is in large part Too often, victims who are not eco- Are you aware that a woman is eligi- due to the Violence Against Women ble for unemployment benefits if she nomically self sufficient are forced to Act which I was very proud to work on has to leave her job because her hus- choose between protecting themselves and help pass. For the first time, the band had to relocate? But in many and their children on one hand, and Violence Against Women Act recog- States, if a woman has to leave her job keeping a roof over their head on the nized domestic violence as a violent because she is fleeing a dangerous situ- other hand. It is critical that we help crime and a national public health cri- ation, she cannot receive the same ben- guarantee the economic security of sis. efits. That is unacceptable. victims of domestic or sexual violence Currently, 28 States plus the District Economic protections are the next who cannot pay the rent without their of Columbia already provide some type logical step in the progress we have abusive partner, or who have been of unemployment insurance assistance been making in fighting domestic vio- forced to leave their job because of for victims of domestic violence. We lence. Unfortunately, many of my col- abuse. Without our help, economic de- can offer that same protection to vic- leagues have not realized the critical pendency will continue to force these tims in every State, and we have an ob- importance of providing these eco- victims to stay in abusive relation- ligation to do it. But, since this provi- nomic protections. I brought this issue ships. sion is not included in VAWA either, up last year when the Senate was con- The purpose of the Violence Against we need to do it here and now. sidering the Unborn Victims of Vio- Women Act is to reduce domestic vio- It is important to recognize that this lence Act. I tried to amend that bill lence. The reauthorization legislation violence goes far beyond the home, too with my Security and Financial Em- addresses several new issues that will often following victims into the work- powerment, SAFE, Act, which contains help prevent and reduce domestic vio- place, where it doesn’t just hurt vic- all the economic protections I have lence. One such—way as I already men- tims—it hurts their employers, too. talked about today. I was told then it tioned—is a national health care strat- In fact, from decreased workplace wasn’t the right time to address pre- egy. But the legislation as introduced productivity to increased health insur- venting violence against women. My contained another important tool to ance cost, the data shows that domes- amendment was defeated on a party- helping reduce domestic violence—it tic violence is bad for business. It has line vote. I am here again talking contained provisions that would have real and painful costs on employers. So about how the Senate is failing to ad- allowed victims to take up to 10 days of for those Members who want to weigh dress this issue and failing to help pre- unpaid leave per year to address do- this measure against its economic mer- vent domestic violence by overlooking mestic violence. its, the facts are clear. these economic provisions. Over 40 percent of American workers Providing the tools that will allow I reiterate to my colleagues that I get no paid time off. They can’t use va- abused women to escape abusive rela- will continue to come to the Senate cation time to address their abuse, and tionships can help offset billions of dol- and talk about how critical this issue missing work puts them in danger of lars in costs that domestic violence im- is in helping victims get out of abusive losing their job. poses on businesses. relationships. I will continue to intro- This provision would have allowed As many of my colleagues know, I duce legislation and offer amendments these victims, and many others, to have been working on the issue of eco- providing economic protections to vic- take unpaid leave to get a protective nomic security for victims for many tims. I will continue to ask whether order, see a doctor, or make a safety years. I have spoken with victims and the Senators in this Chamber are seri- plan to address their abuse. But sadly, their advocates, and employers. In fact, ous about talking about the next cru- amidst opposition and complaints of just this past Tuesday in my State of cial step to help victims of abuse. I jurisdictional issues, these provisions Washington, I held a roundtable discus- urge the conferees on the Violence were stripped from the bill during con- sion to meet with stakeholders. I heard Against Women Act to send the power- sideration in the Judiciary Committee. from an employer—and owner of a ful message to victims that they under- The legislation that was reported out small business in Snohomish County— stand how important these economic of committee—which the Senate just who talked about the importance of protections are by including them in passed by unanimous consent—does not flexible schedules and leave policies the conference report on VAWA. contain any economic protections for that allow employees to address their I yield the floor and suggest the ab- victims. abuse. He said that helping them ad- sence of a quorum. I did not give up on these protections dress their situations helps his bottom The PRESIDING OFFICER. The easily. After the leave provisions were line. clerk will call the roll.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00101 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22455 The legislative clerk proceeded to the Senate on increased personnel end Mr. STEVENS. I move to reconsider call the roll. strengths, and it has been modified; for the vote. Mr. STEVENS. Mr. President, I ask Senator MIKULSKI, amendment No. Mr. INOUYE. I move to lay that mo- unanimous consent that the order for 1997, for laser marksmanship training. tion on the table. the quorum call be rescinded. I ask unanimous consent that these The motion to lay on the table was The PRESIDING OFFICER. Without amendments be considered en bloc. agreed to. objection, it is so ordered. Mr. INOUYE. No objection. Mr. STEVENS. Mr. President, I sug- Mr. STEVENS. Mr. President, is the The PRESIDING OFFICER. Without gest the absence of a quorum. Coburn amendment the pending objection, it is so ordered. The PRESIDING OFFICER. The amendment? Mr. STEVENS. Mr. President, I ask clerk will call the roll. The PRESIDING OFFICER. It is. unanimous consent that the amend- The legislative clerk proceeded to Mr. STEVENS. Mr. President, I ask ments be agreed to en bloc. call the roll. unanimous consent that the vote on The PRESIDING OFFICER. Without Mr. WARNER. Mr. President, I ask the Coburn amendment commence at objection, it is so ordered. The amend- unanimous consent that the order for noon and prior thereto there be a pe- ments are agreed to en bloc. the quorum call be rescinded. riod of 10 minutes equally divided with The amendments were agreed to en The PRESIDING OFFICER. Without no second-degree amendments in order. bloc, as follows: objection, it is so ordered. The PRESIDING OFFICER. Without AMENDMENT NO. 1943, AS MODIFIED AMENDMENT NO. 2005 objection, it is so ordered. (Purpose: To express the sense of the Senate Mr. WARNER. Mr. President, Sen- Mr. STEVENS. Mr. President, in the on the transfer of amounts for increased ator LEVIN and I are currently con- interim, if any Senator wishes to dis- personnel strengths for the Army and the ducting a hearing of the Armed Serv- Marine Corps from Additional War-Related cuss an amendment, we are pleased to Appropriations to the recurring appropria- ices Committee. Both of us believed it proceed. We will accommodate any tions for fiscal year 2006) was imperative to come to the Cham- Senator with regard to amendments At the appropriate place, insert the fol- ber and express to the Senate our they wish to discuss. We discussed this lowing: strong objection to the amendment of- matter last night with Senator SEC. ll. SENSE OF SENATE ON TRANSFER OF fered by our distinguished colleague, COBURN, and he agreed we could ini- FUNDS FOR INCREASED PERSONNEL Senator COBURN. I give this by way of tiate a vote on his amendment some- STRENGTHS FOR THE ARMY AND background. MARINE CORPS. time around noon. We would like to (a) FINDINGS.—The Senate makes the fol- The Committee on Armed Services proceed on that basis. lowing findings: for some time has been, frankly, en- I once again urge Senators to present (1) A long-term increase in the personnel couraging the Department to take their amendments or work with us end strengths for active duty personnel of steps to try to put in place a system with regard to the package we are now the Army and the Marine Corps is necessary that would revise the older means by discussing on amendments which will in order to carry out the current missions of which travel was accommodated for be accepted without debate. the Army and the Marine Corps and to remembers of the Department and oth- I suggest the absence of a quorum. lieve current strains on Army and Marine ers. It is a very extensive number of in- Corps forces. The PRESIDING OFFICER. The (2) The cost of the increase in such end dividuals who are affected. The Depart- clerk will call the roll. strengths is foreseeable and should be in- ment did put in place a program, albeit The legislative clerk proceeded to cluded in the annual budget of the President rather slowly. Nevertheless, it is now call the roll. for each fiscal year, as submitted to Con- in place. Mr. STEVENS. Mr. President, I ask gress pursuant to section 1105 of title 31, Congress, through the years, has unanimous consent that the order for United States Code, in order to provide a full criticized the Department for not pro- the quorum call be rescinded. and honest accounting to the American peo- viding better business practices, spe- The PRESIDING OFFICER. Without ple of the personnel costs of the Army and cifically for the inadequate oversight the Marine Corps. objection, it is so ordered. (3) The inclusion in the annual budget of of their travel programs. Criticism cen- Mr. STEVENS. I wish to announce to the President for each fiscal year of the costs tered around a growing number of sepa- the Senate my intention to move to of an increase in such end strengths will per- rate, nonintegrated travel systems make a point of order against all mit the Army and Marine Corps to plan for which did not provide the information amendments that have been indicated and accommodate the additional troops con- required for DOD or congressional by the Parliamentarian to be not ger- templated by such increased end strengths oversight. Therefore, the Defense Trav- mane commencing at 2 o’clock. So if without reducing other important programs. el System was created by the DOD to any Senator wishes to discuss that cat- (b) SENSE OF SENATE.—It is the sense of the Senate that the additional amounts to be re- address these criticisms and the des- egory of amendments, we would be quired for increases in the personnel end perate need to make this system work pleased to discuss them either prior to strengths for active duty personnel of the more cost-effectively. this vote or after the vote. We would Army and the Marine Corps for fiscal year Comparing the Defense Travel Sys- like to have a decision made, if pos- 2006 should be transferred from amounts ap- tem to the legacy systems is inappro- sible, as to how many more amend- propriated by title IX for the Military Per- priate because the Defense Travel Sys- ments we will deal with today. sonnel, Army, Military Personnel, Marine tem performs different functions. The I suggest the absence of a quorum. Corps, Operation and Maintenance, Army, legacy systems are travel reservation The PRESIDING OFFICER. The and Operation and Maintenance, Marine systems. The DTS, as it is known, re- Corps, and Operation and Maintenance, De- clerk will call the roll. fense-Wide, accounts to the amounts appro- engineers these legacy systems into a The legislative clerk proceeded to priated for the applicable accounts in titles travel and financial management sys- call the roll. I and II. tem which links 30 defense data and fi- Mr. STEVENS. Mr. President, I ask AMENDMENT NO. 1997 nancial processing systems with the unanimous consent that the order for (Purpose: To provide that, of the amount consequent lower transaction and proc- the quorum call be rescinded. made available under title III for the Air essing fees and lower personnel costs. The PRESIDING OFFICER. Without Force for other procurement, up to DTS is saving both people and money. objection, it is so ordered. $3,000,000 may be made available for the A return to the legacy systems will re- AMENDMENTS NOS. 1943, AS MODIFIED; AND 1997, Laser Marksmanship Training System) quire additional people, which is not EN BLOC On page 220, after line 25, add the fol- funded. As DTS is further imple- Mr. STEVENS. Mr. President, I send lowing: mented, additional savings will be SEC. 8116. Of the amount appropriated by to the desk the first managers’ package title III under the heading ‘‘OTHER PROCURE- achieved. for the day. I will present it now. We MENT, AIR FORCE’’, up to $3,000,000 may be Our joint plea is to allow DTS to re- offer, for Senator REED of Rhode Is- made available for the Laser Marksmanship main in place and give it a reasonable land, amendment No. 1943, a sense of Training System. chance to function and prove its goals.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22456 CONGRESSIONAL RECORD—SENATE October 6, 2005 According to the GAO, the ‘‘continued more money. If it doesn’t perform, we creep in terms of contracting is not ac- use of the existing legacy travel sys- will save a ton of money for the coun- ceptable. There are some real questions tems results in underutilization of DTS try. That is the purpose of the amend- on whether this process violated the and affects the savings that DTS was ment. contracting laws at the Pentagon. I as- planned to achieve.’’ This includes pay- Mr. STEVENS. Will the Senator sure my fellow Senators, through the ing higher processing costs through the yield for a moment? Federal Financial Oversight Com- legacy systems’ manual travel vouch- The PRESIDING OFFICER. The Sen- mittee, if this continues, we are going ers as opposed to the processing of the ator from Oklahoma has the floor. to have some hearings to look at the travel vouchers electronically through Mr. COBURN. I am happy to yield. issue of violation of the contracting DTS. Mr. STEVENS. We entered a time laws at the Pentagon. We should not The GAO and the Department of De- limit to have this vote occur at 12. In have to do that. fense have briefed the Armed Services view of the exchange that is going on— Let’s limit the exposure of the Amer- Committee staff that they believe DTS and another Senator also wants to ican people to the cost. I am not upset should be given a reasonable oppor- talk—I ask unanimous consent that at the contractor who is doing this. tunity to continue to resolve the De- the vote take place at 12:10 and the The problem is, it is a big task, but it partment’s travel programs. time between now and then be divided has cost way too much. Let’s provide I yield the floor. between Senator COBURN and anyone some stimulus to finish the job and The PRESIDING OFFICER. The Sen- who wishes to speak on this amend- make sure the job is done well rather ator from Oklahoma. ment. than continue to throw money at it. Mr. COBURN. Mr. President, I thank The PRESIDING OFFICER. Without With that, I yield the floor at this the Senator from Virginia for his com- objection, it is so ordered. time. ments. Mr. WARNER. Mr. President, I must The PRESIDING OFFICER. Who This amendment does not eliminate say, I am impressed with the thorough- yields time? DTS. It says that instead of continuing ness with which our colleague has re- The Senator from Virginia. to pay $40 or $50 million a year for the searched this issue and the fervor with Mr. ALLEN. Mr. President, I very 5.6 million travelers who travel, we will which he speaks. But I pose this ques- much respect the Senator from Okla- pay a fee based on DTS’s operations. tion: The Department of Defense esti- homa. He is a man who is a watchdog The Federal Government doesn’t own mates it will cause a 3-year delay and on the taxpayers’ money, and so am I. this program. In fact, anybody who cost some $65 million to change the I know he is very conversant on a vari- looks at the development of this pro- contract structure. I reiterate my ety of issues. It is one of those occa- gram will say it is way too expensive strong opposition to the amendment sions I must rise in opposition to the to have been accomplished in the way because I don’t think the Department Senator’s amendment. it was accomplished. That is another has had the time operating DTS to ade- Congress, several years ago, author- issue. That is contracting within the quately prove the principles and the ized the Defense Travel System with DOD, and there are problems with that. goals they wished to achieve. the aim of saving taxpayers’ dollars, I remind the most distinguished Sen- I recognize other colleagues wish to and that makes a great deal of sense to ator from Virginia, this doesn’t elimi- speak. I thank my colleague for the op- make sure that travel administration nate DTS. It allows it to continue to portunity to have a colloquy. by the Department of Defense has function. But what it says is we are not Mr. COBURN. Mr. President, 3 more greater scrutiny. In fact, as I undergoing to continue to pay money for a years? We have spent 7 years and $500 stand it, they have found by doing it program we don’t own, and we will million on this system. That is a half a this way—and it is only being field start paying it on a per-travel basis. billion dollars. That is $2 for every tested; it is not fully implemented— What are the facts around it? Three man, woman, and child in this country those who are traveling at first-class hundred and seventy-five thousand out for a travel system that you could have and tickets being paid for where travel of 5.6 million travel vouchers last year bought off the shelf for $150 million in wasn’t used. This system is actually went through the DTS system. That is 2 or 3 years. The contracting issue is a helping save the taxpayers money and $1,500 per episode, not including the different issue. If it is going to take 3 also identifying when Government travel. So what we actually have is a more years at $50 million a year, that workers are flying at a higher cost system way more expensive than any means we are going to be at $650 mil- than they ought to. system that has been developed in the lion for this travel system. That is un- I am told that it is now used at a lit- private sector. acceptable. I believe we ought to say tle bit more than half of the Depart- I am not against using the DTS sys- perform or don’t perform and put it at ment of Defense 11,000 sites by nearly tem. I am all for giving it a chance to a per-unit cost. Why is it that only 700,000 uniformed and civilian per- save us money. We have invested in it. 370,000 out of 5.6 million travel episodes sonnel. It appears, from what I have What this amendment says is that we were used on this system at the end of looked at, that DTS has not only met don’t eliminate DTS; we just start pay- 7 years? but exceeded its original objectives. It ing on a per-travel basis and a per-uti- We have a structural problem in con- is not fully put in place. It is being lization basis. That way, we don’t contracting through the Defense Depart- field tested. As a practical matter, we tinue to spend $50 million a year for a ment, as well as many other depart- would like another year or so to see it program we don’t own. We should own ments in our Government. What start- fully implemented. I am told that it it for what we pay for it, and there ed out to be a $60 million project is now has handled more than a million trans- shouldn’t be any cost. going to end up being $650 million. It is actions, and it is well on its way to I would be happy to modify my the same issue we face with FEMA saving the projected $56 million a year amendment to what would meet with today in terms of being efficient. for the American taxpayers. the needs of the Senator from Virginia, I ask my colleagues to think about As to efficiency and savings, any but I don’t believe we should continue how this will still continue if we do it GSA solution will strip away what are to spend, in the contracting sequence on a per-travel basis. First, it will in- planned savings and actually increase this has gone through, the same crease the stimulus to get the job done operations costs. This is the informa- amount of money. If we allow DTS to and completed because there will be tion I have been trying to gather on continue to be out there and utilize the more revenue, the more people who use this since Senator COBURN offered the reporting capability of it but pay it on it. Two, it will limit the total amount amendment. It would actually increase a per-ticket use rather than a blank of money the taxpayers are going to operation costs from $40 to $60 million check for a contract, the taxpayer will end up having to pay for this system. annually. Senator WARNER used the get much more benefit from it. If it Three, it will send a message to the figure of $65 million. Regardless, there performs, the contractor will make contract officers at the Pentagon that would be an added cost.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00103 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22457 One thing the Senator from Okla- Mr. ALLEN. I yield to the Senator limit to how much we are going to homa mentioned is that the Depart- from Alaska. spend. We have already spent four ment of Defense does not actually own Mr. STEVENS. I underestimated the times what the public should have this software system and that what the amount of time needed. Senator LEVIN spent on any system. No private busi- Department of Defense, though, has wishes to speak. I ask unanimous con- ness would have spent this amount of done is it has appropriate license rights sent that the vote take place at 12:15 money for this system. Nobody would to the DTS software system in accord- p.m. and that the additional time be di- have. ance with Federal acquisition regula- vided between the Senator from Okla- We ought to look at it very hard. tions. While there are these allegations homa, Mr. COBURN, and the Senator Give me the assurance that there is an from outside parties that criticize the from Michigan, Mr. LEVIN. end to this and that it is more efficient DTS program on the basis that the The PRESIDING OFFICER (Mr. GRA- than anything we could have done oth- Government failed to obtain title to HAM). Without objection, it is so or- erwise, and I will drop my look at it. the DTS software, what is ignored is dered. I believe the way to stimulate re- that the Federal acquisitions regula- Mr. ALLEN. I yield the floor. sponsibility in this contract is to put it tions provide that in the vast majority Mr. COBURN. Will the Senator yield? on a per-issue basis now to make it of Federal contracts, the Government Mr. ALLEN. Yes, I yield to the Sen- work. does not take title, but instead it is ator from Oklahoma. I yield the floor. given a license to the software. And the Mr. COBURN. I don’t have any prob- Mr. ALLEN. Mr. President, I reclaim Department of Defense has secured ap- lems in putting a lid on this contract, my time and then I will yield. I also propriate license rights to all the de- but let’s have a little history. The rea- share with my colleagues that the veloped software and third-party soft- son the judge could not find a violation judge who reviewed this case did not ware products used by DTS. in the Competition in Contracting Act find a violation, for whatever technical The Senator from Oklahoma stated was because the Pentagon did not own reasons Senator COBURN may say, but that this contract may violate the very the software. By design, they cannot the adjudication was there is no viola- laws that were put on the books to try have it if they do not own it. tion. The judge also said that to start to maintain competition in con- It was interesting, before the hearing over would be a mistake. tracting. I don’t know whether it was last week, the contractor offered to I yield the floor. an assertion or a conclusion. give the property rights to the Pen- Mr. COBURN. Will the Senator yield I respectfully disagree. The legality tagon. In the testimony last week, it for one comment? of the restructuring of the DTS con- was noted that DTS performs less ef- Mr. LEVIN. Mr. President, how much tract has been challenged in court. fectively than almost every other civil- time is remaining on our side? From what our research has shown, no ian e-travel system. The PRESIDING OFFICER. The op- court has found that the entire restruc- We are 7 years into it. We are going position has 6 minutes. The Senator tured contract was illegal. It simply to spend another $150 million. Also, in from Oklahoma has 3 minutes 21 sec- stated no part of the contract, as cur- the history of the contract, this is an- onds. rently configured, has been found by other no-bid contract that I know Sen- Mr. COBURN. I will be happy to any court to be illegal. Maybe it will be ator LEVIN is very interested in. It is a claim my time. in the future, and we will see. cost plus—$43.7 million in the first Mr. LEVIN. If the Senator is seeking Mr. COBURN. Will the Senator yield year, that was not in the contract, and recognition on his time, I have no ob- for a question? we went on and paid it for anyway. jection. Mr. ALLEN. Let me finish and then Based on what is happening with the Mr. COBURN. I will be happy to. the Senator can respond. I say to my contracting and how we are getting The PRESIDING OFFICER. Without friend from Oklahoma, I do have a around the Competition in Contracting objection, it is so ordered. great deal of respect for him. He is Mr. COBURN. Mr. President, are we truly a steward of the taxpayers’ Act, I believe we need some real sun- going to have a judge decide on the money. I pride myself, also, in being a shine on this. basis of economics whether we start good steward of the taxpayers’ dollars. The fact is, we are going to spend an- over? What does that have to do with I know there have been hearings on other $150 million. If the Defense De- this DTS program. We need to continue partment would guarantee me that we adjudication? He is making an eco- to examine this issue and, in fact, a lot are not going to spend more than an- nomic decision for us. That is our job. of others. To cut funding right now for other $100 million to get a travel sys- That is not the judge’s job. It doesn’t this program would be a hasty action tem that we own, not licensed, but we matter whether he says it will be more and, from all the information I have own, since we are going to pay $650 mil- expensive; that is not his role. That is been able to glean, would actually in- lion for something that should have part of our problem in the judiciary crease the cost to the taxpayers. cost $150 million, then I would be today. That is not his role. That is our The Department of Defense does op- happy to withdraw this amendment. role. pose this amendment. They called my But you cannot get an assurance out of I reserve the remainder of my time. office a short time ago expressing this the Pentagon what the cost is going to The PRESIDING OFFICER. The Sen- opposition. They promised to review be because there is not any end in sight ator from Michigan. the GAO report as soon as possible. I do in the cost. Mr. LEVIN. Mr. President, I rise in think the more prudent approach is to, We don’t own it. They have offered to opposition to the amendment of the of course, commend the Senator from because of that, but once the Pentagon Senator from Oklahoma. I do so with Oklahoma for any kind of scrutiny. No owns the contract and the rights to some reluctance, actually, because I spending should not be under the this, then the Competition in Con- have great admiration for the Senator watchful eye of us as stewards of the tracting Act goes into force, and then from Oklahoma and his efforts to cur- taxpayers’ dollars. But because of a there is a basis for the violation. tail waste in the Government. I have lack of understanding on the part of So the reason the judge ruled the joined him on a number of those ef- the Senators on the floor and this way he ruled was because we did not forts. As a matter of fact, I very much amendment, this should continue to be have ownership to the property. So, admire his efforts and the efforts of the studied. therefore, there was no basis for the subcommittee he chairs to go after I will oppose this amendment and claim. I understand that, but that is waste. I think he is going too far in work, such as all of us, to study this the reason that was not given to the this particular case, and he is going issue further. I hope my colleagues will Pentagon, that the Competition in after an effort to try to integrate the oppose the amendment. Contracting Act could not be enforced. thousands—literally thousands—of fi- Mr. STEVENS. Will the Senator I am happy to drop this issue if some- nancial management systems in the yield? body will stand up and say there is a Department of Defense.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00104 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22458 CONGRESSIONAL RECORD—SENATE October 6, 2005 We had a chart a few years back with That puts us back to millions of indi- ized, does not permit the people who a box for each financial management vidual transactions which are unac- are responsible to pay for the travel to system in the Department of Defense, countable and for which we cannot know whether it is authorized and to perhaps half the size of the curtain be- have proper oversight. That is the pay for it by computer automatically. hind the Presiding Officer. There were problem. We have millions of transactions that thousands of boxes on that chart. We I admire the Senator’s goal in trying are going to have to be paid for individ- told the Department of Defense: You to come up with a system which is bet- ually instead of part of the end-to-end have to get your house in order; you ter than the one we are now proceeding system. have to get some financial manage- to acquire. We are going to work out So if the Senator had allowed for the ment in the Department of Defense so the bugs, hopefully, in that system. correction of this system to work out that we can tell whether your expendi- But I disagree to going back to ground the bugs, that would be one thing. But tures—so that you can tell and then zero because we have to get some inte- it does not. This says you cannot spend we, as oversight people, can tell—are grated financial management at the any more money on a Web-based sys- those expenditures authorized; do your Pentagon. That is the purpose of this tem, and that is the mistake of this managers know how much you are DTS system. amendment. That is why it goes too spending on what; is the payment auto- It has not yet been achieved. I agree far, although it is well intended. matic when these expenditures are with the Senator from Oklahoma, it Mr. COLEMAN. Mr. President, will made? has not been achieved, but I don’t my colleague from Michigan yield For instance, for travel, when a tick- think we ought to blow up the effort time? I wish to speak on this issue in et is purchased, is that ticket paid for and go back to ground zero. support of it. automatically the way it should be by The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- a computer if it is authorized or is ator from Oklahoma. ator has no more time to yield. The there going to have to be someone, as Mr. COBURN. Mr. President, I thank Senator from Oklahoma has 1 minute the status quo provides, cutting a the Senator from Michigan for his com- 20 seconds. check for the travel? That costs ments. This does not go back to ground Mr. COBURN. Mr. President, I will money. It may not appear in the cost zero. This leaves the DTS system in- speak for a short time and then give of the ticket of the one transaction tact. What it says is we are going to my colleague from Minnesota a chance that may be the ‘‘cheapest’’ trans- pay a fee for every transaction you do. action, according to some system, but to finish, even though he opposes my there is a cost to pay for that trans- We have spent $500 million on this and, amendment. action. as the Senator from Virginia said, we The Pentagon has the ability to set We want the payment to be auto- are up to $600,000 out of the 3.6 million that transaction fee on a per basis. matic when the transaction is author- transactions. They will be able to still fund it. If ized. We want the ability of managers I can think of no better incentive to there ends up being a million people to know what is being spent, is the have the bugs worked out of it by the this next year and they charge $30 per travel authorized, can you go back and contractor than to get more of the 3.6 fund, they will get $30 million out of it. track the travel automatically? million transactions. It does not elimi- The point is, the Pentagon has the Now we have thousands of systems nate this. It does not take us back to flexibility to do it that way. out there, with thousands of managers, ground zero. It leaves DTS intact. It I yield the remainder of my time to not integrated into a system, where says the way we are going to pay for it, the Senator from Minnesota. the kind of management that is so es- from now on, is on a per-transaction Mr. COLEMAN. Mr. President, I sup- sential in the Pentagon can occur. basis, rather than a fixed amount or $50 port the intent of what my colleague That is the problem with the amend- million plus cost that is going to run, from Oklahoma wants to do. He wants ment. It goes back to a focus on indi- which we see now is at least 3 years, at to clean up this system. We had a hear- vidual transactions to purchase tickets least another $150 million. ing on this issue last week. The Perma- rather than to make a system to buy We have 3.6 million transactions per nent Subcommittee on Investigations the travel part of an integrated man- year that are going to go through had a hearing on this issue, and we agement system. there. It does not do what the Senator have questions out to the DOD, out to Look, we put a lot of pressure on the claims. It does not eliminate DTS. It the GAO, and we have a commitment Pentagon. We have put a huge amount does not cause any change in the im- from the Under Secretary of Defense to of pressure on it to come up with some plementation of the program, other work with us. financial management capability. They than pay for it on a per-transaction I have said if we cannot get the right have been a failure at it. Now they are basis. The taxpayers ought to be will- answers we should pull the plug, but trying to do it—they have not suc- ing to say: Hey, if it is going to work, now is not the time to pull the plug. ceeded, by the way. This system has it is going to work, and we will pay for We do oversight for a reason. We are in plenty of bugs in it. As the Senator it as it works now. We have spent half the process of oversight. Let us get an- from Oklahoma properly points out, a billion dollars. swers to the questions, but clearly then there are bugs in this system. But we I reserve my time. we want to have the right kind of sys- don’t kill the effort to try to get inte- Mr. LEVIN. Mr. President, how much tem. So I agree with the intent of what grated financial management so there time is remaining? my colleague is trying to accomplish, is some accountability for the funds The PRESIDING OFFICER. There is but this is not the way to do it or the that are spent by the Pentagon. 1 minute 22 seconds remaining. time to do it. Let us finish our inves- We do not want to go back to ground Mr. LEVIN. Mr. President, again, I tigative work. Let us get the answers, zero. We want to try to make this thank my friend from Oklahoma. This and then we can bring this issue up at work. And the problem with this is a prohibition on spending any addi- another time. amendment is that it goes too far be- tional money to operate any Web- The PRESIDING OFFICER. All time cause it says: based, end-to-end management system. has expired. None of the funds appropriated by this Act That is what is in the language. It says The Senator from Alaska. may be obligated or expended for further de- you cannot spend any more money. We Mr. STEVENS. On behalf of Senator velopment, deployment, or operation of any web-based, end-to-end travel management can’t get the bugs out, which is what INOUYE and myself, I move to table the system, or services under any contract for we should do if you can’t spend any amendment of the Senator from Okla- such travel services that provides for pay- more money to improve this system. homa and ask for the yeas and nays. ment by the Department of Defense to the The Senator from Oklahoma goes The PRESIDING OFFICER. Is there a service provider— back to an individual transaction sys- sufficient second? Except for a fixed-fee transaction tem which does not provide the ability There appears to be a sufficient sec- payment. to determine whether travel is author- ond.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00105 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22459 The clerk will call the roll. (Purpose: To appropriate, with an offset, an SEC. ll. Of the amount appropriated by The assistant legislative clerk called additional $120,000,000 for Operation and title IV under the heading ‘‘RESEARCH, DE- Maintenance, Defense-Wide, for certain VELOPMENT, TEST, AND EVALUATION, ARMY’’, the roll. child and family assistance benefits for up to $5,000,000 may be used for Medium Tac- Mr. MCCONNELL. The following Sen- members of the Armed Forces) tical Vehicle Modifications. ators were necessarily absent: the Sen- At the appropriate place, insert the fol- AMENDMENT NO. 2000 ator from Colorado (Mr. ALLARD), and lowing: (Purpose: To provide that the governments the Senator from Utah (Mr. HATCH). SEC. ll. (a) ADDITIONAL AMOUNT FOR OP- of Indian tribes be treated as State and ERATION AND MAINTENANCE, DEFENSE-WIDE.— local governments for purposes of the dis- Mr. DURBIN. I announce that the The amount appropriated by title II under Senator from New Jersey (Mr. CORZINE) position of real property recommended for the heading ‘‘OPERATION AND MAINTENANCE, closure in the report to the President from was necessarily absent. DEFENSE-WIDE’’ is hereby increased by the Defense Base Closure and Realignment $120,000,000. The PRESIDING OFFICER. Are there Commission, July 1993) any other Senators in the Chamber de- (b) AVAILABILITY FOR CHILD AND FAMILY ASSISTANCE BENEFITS.—Of the amount appro- On page 220, after line 25, insert the fol- siring to vote? priated by title II under the heading ‘‘OPER- lowing: The result was announced—yeas 65, ATION AND MAINTENANCE, DEFENSE-WIDE’’, as SEC. 8116. Section 8013 of the Department nays 32, as follows: increased by subsection (a), $120,000,000 may of Defense Appropriations Act, 1994 (Public be available as follows: Law 103–139; 107 Stat. 1440) is amended by [Rollcall Vote No. 253 Leg.] (1) $100,000,000 may be available for striking ‘‘the report to the President from YEAS—65 childcare services for families of members of the Defense Base Closure and Realignment the Armed Forces. Commission, July 1991’’ and inserting ‘‘the Akaka Dorgan Mikulski reports to the President from the Defense Alexander Ensign Murkowski (2) $20,000,000 may be available for family Allen Enzi Murray assistance centers that primarily serve Base Closure and Realignment Commission, Baucus Feinstein Nelson (NE) members of the Armed Forces and their fam- July 1991 and July 1993’’. Bennett Frist Pryor ilies. AMENDMENT NO. 1924 Biden Hagel Reed (c) OFFSET.— (Purpose: To make available $1,000,000 from Bond Harkin Reid (1) IN GENERAL.—Subject to paragraph (2), Research, Development, Test, and Evalua- Bunning Hutchison Roberts the amount appropriated or otherwise made Burns Inouye tion, Army, for Integrated Starter/Alter- Rockefeller available by this Act for the Missile Defense Carper Isakson nator for Up-Armored High Mobility Multi- Salazar Chafee Jeffords Agency is hereby reduced by $120,000,000. Wheeled Vehicles) Santorum (2) LIMITATION.—The reduction in para- Chambliss Johnson At the appropriate place, insert the fol- Sarbanes graph (1) shall not be derived from amounts Clinton Kennedy lowing: Cochran Landrieu Schumer appropriated or otherwise made available by SEC. ll. Of the amount appropriated by Coleman Lautenberg Shelby this Act for the Missile Defense Agency and Smith title IV under the heading ‘‘RESEARCH, DE- Collins Leahy available for missile defense programs and Specter VELOPMENT, TEST, AND EVALUATION, ARMY’’, Conrad Levin activities of the Army. Cornyn Lieberman Stevens up to $1,000,000 may be used for Integrated Craig Lott Talent Mr. STEVENS. Mr. President, I ask Starter/Alternator for Up-Armored High Mo- Crapo Lugar Vitter unanimous consent that the time be- bility Multi-Wheeled Vehicles. DeWine Martinez Voinovich tween 2 p.m. and 2:15 be equally divided Domenici McConnell Warner Mr. STEVENS. Mr. President, I move between the sponsor and the managers to reconsider the vote. NAYS—32 of the amendment. Mr. INOUYE. I move to lay that mo- Bayh Dole McCain The PRESIDING OFFICER. Is there tion on the table. Bingaman Durbin Nelson (FL) objection? The motion to lay on the table was Boxer Feingold Obama Without objection, it is so ordered. agreed to. Brownback Graham Sessions Mr. STEVENS. And that there be no Burr Grassley Snowe Mr. STEVENS. Mr. President, we are Byrd Gregg second-degree amendments but any going to try to work through this bill. Stabenow motion in relation to this amendment Cantwell Inhofe Sununu The bill is open to debate. I will be Coburn Kerry Thomas be in order. Dayton Kohl pleased to take up any other amend- Thune The PRESIDING OFFICER. Without DeMint Kyl ments Senators might bring before us. Wyden objection, it is so ordered. Dodd Lincoln I suggest the absence of a quorum. AMENDMENTS NOS. 1929, 2000, AND 1924, EN BLOC The PRESIDING OFFICER (Mr. MAR- NOT VOTING—3 Mr. STEVENS. Mr. President, I have TINEZ). The clerk will call the roll. Allard Corzine Hatch a managers’ package. I send it to the The bill clerk proceeded to call the desk. In this package is an amendment The motion was agreed to. roll. for Senator LEVIN, No. 1929, for the me- Mr. STEVENS. Mr. President, I ask Mr. STEVENS. Mr. President, I move dium tactical vehicle modifications; to reconsider the vote. unanimous consent that the order for Senator LEVIN, No. 2000, pertaining to the quorum call be rescinded. Mr. INOUYE. I move to lay that mo- Indian tribes; and, Senator KENNEDY, The PRESIDING OFFICER. Without tion on the table. No. 1924, for humvee integrated start- objection, it is so ordered. The motion to lay on the table was ers. f agreed to. I ask unanimous consent that these three amendments be considered en RECESS AMENDMENT NO. 1896 bloc. Mr. STEVENS. Mr. President, I ask Mr. STEVENS. Mr. President, I ask The PRESIDING OFFICER. Without unanimous consent the time continue unanimous consent that we now call up objection, it is so ordered. to run but that the Senate stand in the Dayton amendment, No. 1896. Mr. STEVENS. I ask for consider- temporary recess until 2 p.m. The PRESIDING OFFICER. Without ation of those amendments. There being no objection, the Senate, The PRESIDING OFFICER. Is there objection, it is so ordered. at 12:56 p.m., recessed until 2 p.m. and The clerk will report. further debate? If not, the question is on agreeing to reassembled when called to order by The bill clerk read as follows: the amendments en bloc. the Presiding Officer (Mr. ALEXANDER). The Senator from Minnesota [Mr. DAYTON] The amendments were agreed to en f proposes an amendment numbered 1896. bloc, as follows: DEPARTMENT OF DEFENSE AP- Mr. STEVENS. Mr. President, I ask AMENDMENT NO. 1929 PROPRIATIONS ACT, 2006—Contin- unanimous consent that reading of the (Purpose: To make available $5,000,000 from ued amendment be dispensed with. Research, Development, Test, and Evalua- tion, Army, for Medium Tactical Vehicle AMENDMENT NO. 1896 The PRESIDING OFFICER. Without Modifications) The PRESIDING OFFICER. The time objection, it is so ordered. At the appropriate place, insert the fol- between now and 2:15 is evenly divided The amendment is as follows: lowing: on the Dayton amendment.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00106 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22460 CONGRESSIONAL RECORD—SENATE October 6, 2005 Who yields time? heading ‘‘DRUG INTERDICTION AND COUNTER- our citizens’ lives, and we are letting Mr. STEVENS. Mr. President, the DRUG ACTIVITIES’’, as increased by paragraph then get away with it. time is equally divided on this amend- (1), $40,000,000 shall be available for the pur- In many cases they get away with it ment. This amendment would add $100 pose of National Guard counterdrug support entirely scot-free and leave the coun- activities. try with millions and millions of our million to childcare services and $20 (3) SUPPLEMENT NOT SUPPLANT.—The million for family assistance centers. amount available under paragraph (2) for the dollars. These are very dangerous, de- I will speak in response to the Sen- purpose specified in that paragraph is in ad- structive, evil people who are winning ator’s explanation of this amendment dition to any other amounts available under the war on drugs in this country be- when he is finished. title VI for that purpose. cause we—all of us, collectively, all of The PRESIDING OFFICER. The Sen- Mr. DAYTON. I thank Senator STE- us Americans collectively—do not have ator from Minnesota. VENS for his support and assistance in enough good guys out there on our be- AMENDMENT NO. 1896, AS MODIFIED this matter. I thank him and the rank- half who are fighting them. My amend- Mr. DAYTON. Mr. President, I send a ing member and members of the comment brings more money for the good modification of my amendment to the mittee and acknowledge in every one guys to win this terribly destructive desk, and I ask unanimous consent it of these three areas the Senate Com- battle. be so modified. mittee on Appropriations has added Second, $50 million would go to in- Mr. STEVENS. We would like to see funding already above the President’s crease the childcare services for mili- the modification before it is accepted. recommendation. I recognize, also, tary families. Again, I commend the Mr. DAYTON. The staff is working on that the committee is dealing with the committee, Chairman STEVENS, for in- slight adjustments to the amendment budget constraints that were imposed creasing the President’s recommenda- so it meets the concerns of the chair- upon it by the Senate budget, but con- tion in this critical area. My amend- man. I thank the chairman for his will- ditions in the real world do not always ment would add another $50 million be- ingness to consider the amendment as conform to those constraints. This cause the Office of the Secretary of De- part of the managers’ amendment as funding is essential to address these fense currently estimates that 38,000 modified. It needs to be further modi- critical areas, beginning with an addi- children of Active-Duty military fami- fied to conform to the desire of the tional $40 million for the National lies are not able to access military chairman to have the language read up Guard counterdrug efforts which would childcare because of the lack of spaces to the particular amounts which are enable State coordinators to increase and facilities. This is especially crit- $40 million for the increased antinar- their border security, to increase re- ical because so many of these family cotics efforts of the National Guard, connaissance, and to expand their ef- members are being deployed for 12 or 18 $50 million for increased funding for fort to interdict the flood of illegal months, leaving their spouses as single childcare, and $10 million for increased drugs into our country. parents, financially strapped, needing funding for family assistance centers. These National Guard antidrug ef- to work and therefore needing quality If it is agreeable to the chairman, I forts are under the control of the Gov- childcare even more than before. will spend about 5 minutes discussing ernors and Adjutant Generals so they Finally, my amendment adds $10 mil- the amendment at this time, and I will do not violate Federal passe comitatus lion for family assistance centers and proceed on that basis and recognize the laws. Yet they are essential to our na- personnel who are responding to the in- amendment itself is still subject to fur- tional security. creased needs of military families—Ac- ther discussions. Other than international terrorism, tive-Duty, Reserves, and National Mr. STEVENS. We have no objection there is no greater threat to the safety, Guard, whose families are being seri- to the modification. the health, and the well-being of our ously and severely impacted by the in- The PRESIDING OFFICER. The citizens than the increasing flow of il- creased number of deployments for ex- amendment is so modified. legal drugs into our country, into our tended periods of time. The amendment (No. 1896), as modi- neighborhoods, into our schools, and The stresses of those long separa- fied, is as follows: into our homes. They are destroying tions, the constant anxieties and un- At the appropriate place, insert the fol- lives, they are destroying families, and certainties about the well-being of lowing: they are destroying communities. their loved ones abroad, the financial SEC. ll. (a) CHILD AND FAMILY ASSIST- In my home State of Minnesota I am pressures, the difficulties emotionally ANCE BENEFITS FOR MEMBERS OF THE ARMED told by local law enforcement leaders of single parenting all add up and have FORCES.— there are direct pipelines of illegal put additional needs for these family (1) ADDITIONAL AMOUNT FOR OPERATION AND drugs now, especially methamphet- assistance centers and their personnel MAINTENANCE, DEFENSE-WIDE.—The amount amine from Mexico, right into the for families while their loved ones are appropriated by title II under the heading State of Minnesota. serving and after they have returned. ‘‘OPERATION AND MAINTENANCE, DEFENSE- Border security is not just a South- And some wounded and seriously WIDE’’ is hereby increased by $60,000,000. (2) AVAILABILITY OF AMOUNT.—Of the ern State crisis or a Northern State maimed are causing enormous family amount appropriated by title II under the problem. Homeland Security is not just stress and strains for the next number heading ‘‘OPERATION AND MAINTENANCE, DE- a Federal agency with increased prior- of years. FENSE-WIDE’’, as increased by paragraph (1), ities. I thank, again, the chairman, and I not less than $60,000,000 shall be made avail- As I listen to local law enforcement thank the ranking member for his will- able as follows: officials throughout Minnesota, they ingness to consider taking this amend- (A) Not less than $50,000,000 shall be made say we are losing the war against these ment into the managers’ package. I available for childcare services for families narcotics terrorists. We are losing be- commend them for their leadership in of members of the Armed Forces. (B) Not less than $10,000,000 shall be made cause our resources are being over- these very important areas. I hope this available for family assistance centers that whelmed by their resources. These are amendment will be seen as construc- primarily serve members of the Armed battles that are going on not halfway tive to that, and I hope the conference Forces and their families. around the world but right here at committee will see fit to include these (b) NATIONAL GUARD COUNTERDRUG SUP- home, right within our own country, increases because I can assure all the PORT ACTIVITIES.— every day and every night. Members that it will be very much (1) ADDITIONAL AMOUNT FOR DRUG INTERDIC- These are narcotics terrorists. They needed and very well used. TION AND COUNTER-DRUG ACTIVITIES.—The are drug-dealing gangs. They are dan- I yield the floor. amount appropriated by title VI under the gerous predators. They are preying on The PRESIDING OFFICER. Who heading ‘‘DRUG INTERDICTION AND COUNTER- DRUG ACTIVITIES’’ is hereby increased by Americans, young and old, rich and yields time? $40,000,000. poor. They are pouring highly dan- Mr. STEVENS. What is the situation (2) AVAILABILITY OF AMOUNT.—Of the gerous, very addictive, and corrosively with regard to when we vote on this amount appropriated by title VI under the expensive drugs into our country and amendment?

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00107 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22461 The PRESIDING OFFICER. The vote o’clock. He has had a terrible disaster nervous about getting gas. As for what is scheduled to occur at 2:15. in his office. One of his close personal that means to families, I have seen on Mr. STEVENS. I ask unanimous con- friends on his staff has passed away. He our local TV a soccer mom filling up sent that time be changed to 2:30 with wishes to speak about that person for her minivan, and seeing that it cost no amendments in the second degree in 30 minutes starting at 2:30. We want to $90, she just put her head down on the order. put the vote to 3 o’clock. So I move we window crying about what her family The PRESIDING OFFICER. Without move the vote to 3 o’clock so Senator was going to do? objection, it is so ordered. HATCH can speak at 2:30. That is why I have asked the Presi- Is the Senator suggesting the addi- The PRESIDING OFFICER. Without dent today to convene a White House tional time be equally divided? objection, it is so ordered. ‘‘jawbone’’ session. There is precedent Mr. STEVENS. Now I address the Mr. STEVENS. I yield the floor to for this. Forty years ago, Jack Ken- Senator, the sponsor of the amend- Senator MIKULSKI. nedy felt that big steel was really ment. Senator MIKULSKI wants 15 min- The PRESIDING OFFICER. The Sen- pushing up the prices. Some called it utes between now and 2:30. Does Sen- ator from Maryland. price gouging. He called in the CEOs of ator DAYTON have any objection to Ms. MIKULSKI. Mr. President, as I the steel industry to the White House. that? noted under the request made by the He made the case for the American Mr. DAYTON. No, I have no objec- chairman of the Senate Defense appro- people. He said the steel industry action. priations, I have time at 2:30. I know it tion was unjustified and irresponsible Mr. STEVENS. I will take a few min- is a minute or two earlier, but I ask for and not in the public interest. Presi- utes before that time, and Senator MI- the ability to proceed. dent Kennedy publicly pressed them KULSKI would have from 2:15 until 2:30. The PRESIDING OFFICER. The Sen- hard. Guess what happened? Roger Ms. MIKULSKI. Yes. ator may proceed. Blough and the steel industry de- Mr. STEVENS. Mr. President, we GAS PRICES creased their prices. have provided $25 million to respond in Ms. MIKULSKI. Mr. President, I I am asking President Bush to follow this bill for the National Guard coun know we are considering the Defense President Kennedy’s example and call terdrug program. We already have $20 appropriations bill, and we congratu- in these oil and gas CEOs. He has called million for childcare, $20 million for late the leadership of the sub- in the oil and gas CEOs before to help family counseling, $18 million for Na- committee of which I am a proud mem- write the energy policy. Well, now we tional Guard and assistance centers, ber. Senators STEVENS and INOUYE have need a new energy policy. We need one for a total of $58.6 million. The Senator’s amendment adds $60 brought an excellent appropriations based on conservation. We need one million for childcare and $20 million bill to the Senate. based on innovation, to come up with I rise about another security issue for family assistance centers but, as he new ideas on alternative fuel supplies. which is the high price of gasoline. I said, we have already gone in excess of We need a new energy policy to look at rise today to urge President Bush to the President’s request. We have tried what we can do to rebuild the gulf. And convene a White House jawboning ses- to balance the requirement to fight the we understand oil and gas has suffered sion of the American oil and gas com- war on global terrorism and mainte- some damage there. But we also need panies to urge them to be good cor- nance for our technological advantage them to take a look at the prices they porate citizens and lower the price of against potential rivals and the care of are charging and the consequences to gasoline, home heating oil, and natural our servicemembers and their families. our economy. So we feel if they could We have worked closely with the De- gas. write a national policy a few years ago, I think it is swell the President is partment of Defense to identify these they can come in and write a new na- agreeing that conservation is an impor- requirements. We believe the Senator’s tional policy. tant goal. But it is very little and very amendment is subject to a point of So I have sent this letter to the late. Yes, we do need conservation. But order. President, signed by many Senators. I We raise a point of order under sec- wearing sweaters just will not be would hope the President would think tion 302(f) of the Congressional Budget enough. The President needs to call on about how we can engage the private Act that the amendment provides for CEOs of the oil and gas companies to sector to come to grips with what is spending in excess of the 302(b) alloca- be patriots. It is time for the oil and happening here. He should also reach tions under the fiscal year 2006 concur- gas company CEOs to be looking at the out to get their advice on innovation, rent resolution on the budget. ways they can help the American peo- to get their advice on boosting our sup- Having raised that, does the Senator ple, not only their profits. plies, to get their advice on what to do wish to waive that point of order? These sky-high prices have created a about having more refining capacity Mr. DAYTON. I do. crisis for American families and busi- and, at the same time, meet some of Mr. STEVENS. The Senator moves to nesses—from families that must com- our environmental constraints. waive the point of order. I ask for the mute to work, to small businesses that We understand we are at a crossroads yeas and nays on the motion to waive deliver flowers, to truckers that deliver in this country. Now is the time to the point of order that I have sub- food, and watermen in the Chesapeake bring them together, but bring them mitted. Bay who are paying $4 a gallon to take together as patriots. I believe they will The PRESIDING OFFICER. Is there a their boats out. This is going to have a be able to make profits and be patriots sufficient second? There is a sufficient tremendous inflationary pressure on at the same time. second. our economy. We in Maryland are feel- Mr. President, I ask unanimous con- The yeas and nays were ordered. ing it very severely. Maryland has the sent that the letter to the President, The PRESIDING OFFICER. The vote third highest gas prices in the country, dated October 6, 2005, be printed in the will occur at 2:30 on the motion to at more than $3 per gallon. It has been RECORD. waive. a 30-percent increase in little more There being no objection, the mate- Mr. STEVENS. For the information than 1 month. rial was ordered to be printed in the of Members, we hope we will have an- Maryland is not the only State af- RECORD, as follows: other amendment ready to be consid- fected. The national price for a gallon U.S. SENATE, ered at 3 o’clock. Senator HATCH has of gas is now as high as it has been in Washington, DC, October 6, 2005. asked for 30 minutes beginning at 2:30 20 years. Some are saying: Well, gas President GEORGE W. BUSH, to speak on a matter that is not perti- prices are going down. Well, they have The White House, Washington, DC. nent to this bill, but he has that right been going down a penny or two, but DEAR MR. PRESIDENT: Sky high gas prices to speak under his allocation of time. they are still very high. have created a crisis for American families I ask unanimous consent Senator As people go to the gasoline pump, and businesses. As Americans struggle to fill HATCH have 30 minutes from 2:30 to 3 they feel this great anxiety. People are their gas tanks, the oil and gas companies

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00108 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22462 CONGRESSIONAL RECORD—SENATE October 6, 2005 are filling their pockets with historic profits. his own time. But we have time set for that Iraqi oil would pay for the recon- Bold and decisive Presidential leadership is Senator HATCH to begin at 2:30. struction. They were wrong on each of required. We urge you to convene imme- Mr. BIDEN. I thank the Senator. these counts and many more. diately a summit at the White House of oil The PRESIDING OFFICER. Without The result is a terrible irony. Iraq and gas company CEOs to call on them to be objection, it is so ordered. The Senator good corporate citizens by reducing their now risks becoming what it was not be- prices. from Delaware is recognized. fore the war: a haven for the very rad- The price for a gallon of gas is now the PRESIDENT BUSH’S SPEECH TO THE NATIONAL ical Islamic fundamentalists who highest it has been in more than twenty ENDOWMENT FOR DEMOCRACY would do us such harm. years. It jumped 12 cents in just the last Mr. BIDEN. Mr. President, today, in But today the President of the week and now averages almost $3 a gallon, his speech to the National Endowment United States seemed to recognize with many Americans paying as much as for Democracy, President Bush gave a some of this self-inflicted damage. $3.50 for just one gallon of gas. These prices vivid and, I believe, compelling descrip- That is a good thing, and I applaud him are hurting everyone, from families getting children to school and commuting to work to tion of the threat to America and to for it. He said: ‘‘the terrorists have now small businesses like the florist delivering freedom from radical Islamic fun- set their sights on Iraq’’—finally ac- flowers and our larger employers trying to damentalism. He made, in my view, a knowledging that they did not before get goods to their stores. Meanwhile, the oil powerful case for what is at stake for the war. and gas company profits continue to soar, every American. He said that in the broader fight with projected earnings growth for 2005 rang- Simply put, the radical fundamental- against the radical fundamentalists ing from 50% to more than 100%. ists seek to kill our citizens in great and in Iraq itself, we can’t succeed This all comes at a time when America is numbers, to disrupt our economy, and alone, that we need partners—finally facing a crisis caused by Hurricanes Katrina to reshape the international order. acknowledging what many of us on and Rita. In response, we have seen an out- pouring of generosity and selflessness They would take the world backwards, both sides of the aisle have been saying throughout the nation. Many families and replacing freedom with fear and hope for years. companies are putting the needs of hurricane with hatred. If they were to acquire a He implied that while our military victims first and opening their hearts, homes nuclear weapon, the threat they would might is essential, it is not sufficient— and wallets. pose to America would be literally ex- finally acknowledging that we can and In times of national crisis, corporations istential. must call on the totality of America’s have been called upon to act in the national The President said it well. The Presi- strength, including our economic and interest. In 1962, as our country faced an eco- dent is right that we cannot and will political might and the power of our nomic crisis at home and foreign policy crises abroad from Berlin to Vietnam, the steel not retreat. We will defend ourselves example. industry jacked up prices. President Ken- and defeat the enemies of freedom and He said that the fight for freedom is nedy called the CEOs of the steel industry to progress. But in order to know where long term and that democracy can’t be the White House. He forcefully made the case we are going to go from here, we have imposed by force—finally acknowl- for the American people: he said the steel in- to understand, in my view, how we got edging that we can’t simply topple ty- dustry action was ‘‘wholly unjustified and an to this point in the fight. Unfortu- rants and leave, that we have to work irresponsible defiance of the public inter- nately, the many fundamental mis- day in and day out to support modest.’’ President Kennedy publicly pressed takes this administration has made erates and modernizers and build the them hard—and prices decreased. We urge you to follow President Kennedy’s over the past 4 years have dug us into institutions of democracy. example. Call in the oil and gas CEOs and a hole that is making it harder for us And he said that much more sacrifice tell them to cut their prices. Tell them that to get out. will be required—finally acknowl- profiteering at a time of national need is un- First, the administration took our edging the difficulty of the challenge acceptable. eye off the ball in Afghanistan and di- and the burden every American must We have never before had a President, Vice verted our attention and resources to bear. President or Administration as close to the Iraq prematurely. As a result, while we So the President said some very im- oil, gas and energy industry as yours is. This made progress in Afghanistan, violence portant things today. But there are was demonstrated when, at the beginning of your administration, you convened a White in Afghanistan is now worse than it has also a lot of things he did not say that House energy task force to draft a national been since the war, and the Taliban, al- leaves me, and I suspect many others, energy policy. As we now know, large parts Qaida, and the warlords are, once feeling frustrated. He told us broadly of that policy were drafted by your friends, again, on the move in Afghanistan. what we have to do, but he said vir- allies and supporters in the oil, gas and en- Meanwhile, we have captured some tually nothing about how he plans to ergy industries. al-Qaida leaders, but many others have go about doing it and what the Amer- Mr. President, if you can call on the oil, risen to take their place, and the ter- ican people can expect. gas and energy industries to write national rorist threat has literally metastasized Consider what he said, and what he policy that benefits them, then you can cer- did not say, on Iraq. tainly call them to the White House on be- to many other countries. Around the half of the American people at this time of world, terrorist attacks are on the rise, Yes, we have to train Iraqi forces, as national need. America needs your leader- not decline. he said. But we still do not know how ship to prevail upon them to reduce gas Second, this administration turned many of those forces must be capable prices and other fuel prices now. unilateral military preemption from of operating on their own or with mini- Sincerely, the option it has always been into a mal U.S. support before we can begin BARBARA A. MIKULSKI. one-size-fits-all doctrine in the war on to reduce our military presence in Iraq. Ms. MIKULSKI. Mr. President, I terror. We forgot that the power of our And we do not have any idea when yield the floor. example is as important as the exam- those numbers might be reached. The PRESIDING OFFICER. The Sen- ple of our power, that our ideas and our Yes, we have to support the creation ator from Delaware. ideals are among our greatest assets. of a strong Iraqi political system that Mr. BIDEN. Mr. President, are we in We forgot to draw on the totality of enjoys legitimacy with all the major morning business? America’s strength in order to be able groups, as the President said. But we The PRESIDING OFFICER. We are to deal with the hearts and minds of 1.2 still do not know what the plan is to not. billion Muslims around the world. overcome deep Sunni hostility to the Mr. BIDEN. Mr. President, may I pro- Third, once we decided to focus on constitution and to reconcile the grow- ceed for 7 or 8 minutes as in morning Iraq, we went to war too soon. We went ing sectarian differences that threaten business between now and the time without the rest of the world, and we to divide Iraq, not unite it. Senator HATCH comes at 2:30? went under false premises. Yes, we have to engage the inter- Mr. STEVENS. We have no objection This administration told us we would national community to stabilize Iraq, to that. The Senator is entitled to be greeted with open arms, that we had as the President has said. But we still speak on any matter he wishes, using enough troops to stabilize the country, do not know what concrete actions the

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00109 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22463 administration is taking to do just and terrorism. In this right, America The PRESIDING OFFICER. Without that. We still do not know why it will will prevail. objection, it is so ordered. not organize a contact group of leading I thank the Chair and yield the floor. IRAQ nations to show a united international The PRESIDING OFFICER. The Sen- Mr. DURBIN. Mr. President, the front. We still do not know the plans ator from Alaska. much awaited speech by President for getting Iraq’s neighbors to act re- Mr. STEVENS. Mr. President, I say Bush this morning about the chal- sponsibly, as we did in the Balkans and to the Senator from Delaware, if he lenges we face in Iraq and Afghanistan in Afghanistan. wishes to speak further, we will be was promised to be a new perspective. Yes, we have to continue to help the happy to extend him more time, if he It was promised to offer the possibility Iraqis rebuild, as the President said. wishes. that at least we would be considering a But we still do not know what the ad- Mr. BIDEN. No, I am fine. I thank new approach. ministration is going to do to actually the Senator. I was disappointed. The President has deliver more electricity, to clean up AMENDMENT NO. 1896, AS FURTHER MODIFIED offered the American people a false the sewage, to get the oil flowing. Mr. STEVENS. Mr. President, I send choice between resolve and retreat. My colleagues remember, right after to the desk a modification to Senator The real choice should be between a we went in, Mr. Bremer laid out a game DAYTON’s amendment. strategy of accountability and the plan. He said: By August we will have The PRESIDING OFFICER. Is there vague generalities which we continue X number of megawatts and pump Y objection to the modification? to hear from this administration. We numbers of barrels of oil; and by De- Without objection, it is so ordered. have to move beyond the policies of cember we will have—and there were The amendment, as further modified, fear to a plan of forceful commitment goals. If you notice, we have not heard is as follows: to protecting America and our values. a thing, not a single thing about any of At the appropriate place, insert the fol- The most telling line in President that. We have no idea what the admin- lowing: Bush’s speech this morning about the istration’s timetables or goals are, (1) AVAILABILITY OF AMOUNT.—Of the threat of terrorism was this: other than generically to help them re- amount appropriated by title II under the There is no alternative. heading ‘‘OPERATION AND MAINTENANCE, DE- build. Once again, the President tells us FENSE-WIDE’’, up to $60,000,000 may be made What do we need to do to turn the available as follows: there is no alternative but to stay the tide on delivering basic services? And (A) Up to $50,000,000 may be made available course in Iraq. But he fails to answer when can we expect them to succeed? for childcare services for families of mem- the most basic questions that more and Because in each of these areas, Iraqis bers of the Armed Forces. more Americans are asking every sin- today, as I speak, are worse off than (B) Up to $10,000,000 may be made available gle day: How do we know that progress they were before the war. for family assistance centers that primarily is being made? How do we measure suc- The President today was eloquent, serve members of the Armed Forces and cess? How much longer will America, their families. and he was determined. But eloquence with its best and bravest men and (b) NATIONAL GUARD COUNTERDRUG SUP- and determination, although nec- PORT ACTIVITIES.— women in uniform, be facing this insur- essary, are not sufficient. (1) AVAILABILITY OF AMOUNT.—Of the gency, killing, and the terrible condi- The American people need—and our amount appropriated by title VI under the tions which we find in Iraq? Most im- troops deserve—a clear plan for the heading ‘‘DRUG INTERDICTION AND COUNTER- portantly, what is President Bush’s way forward in Iraq, which has now be- DRUG ACTIVITIES’’, up to $40,000,000 may be plan to ensure that our troop commit- come the central front in the war available for the purpose of National Guard ment in Iraq does not compromise our against radical Islamic fundamen- counterdrug support activities. safety here at home? The White House (2) SUPPLEMENT NOT SUPPLANT.—The talism. promised us new details in this speech. As I have said many times before, the amount available under paragraph (2) for the purpose specified in that paragraph is in ad- We did not receive them, just old gen- American people need this administra- dition to any other amounts available under eralities. tion to speak openly and forthrightly title VI for that purpose. All Americans are committed to our about its plan for success in Iraq, for Mr. STEVENS. Mr. President, I ask troops, make no mistake about that. no foreign policy can be sustained—as unanimous consent that the modified When we take a look at the appropria- we are noticing by the numbers—with- amendment be considered and that it tions bills that come before this Con- out the informed consent of the Amer- be adopted. gress to provide the resources for the ican people. They must be informed. The PRESIDING OFFICER. Is there troops in Iraq, one could not pick out The American people also need—and objection? which Senators voted for or against our troops deserve—not the assertion Without objection, it is so ordered. Iraq in terms of the invasion. All Sen- that we finally have a comprehensive The amendment (No. 1896), as further ators—Democrats and Republicans—re- strategy in the fight against the fun- modified, was agreed to. gardless of their feeling about the wis- damentalists but a detailed expla- Mr. STEVENS. I move to reconsider dom of this strategy are committed to nation of what that strategy is and the the vote and to lay the motion on the our troops and committed to the re- steps the administration is taking to table. sources they need to come home safely. build it. The motion to lay on the table was That is not the question. The question It is precisely because all of us recog- agreed to. is, What is President Bush’s plan to nize what is at stake for our generation Mr. STEVENS. That cancels the vote achieve the goals that he states over and those who follow that we will con- for 2:30, correct? and over? He failed to answer that tinue to speak out and insist that our The PRESIDING OFFICER. The Sen- question today. Government act not only with deter- ator is correct. Once again, we are presented with mination but with effectiveness, not Mr. STEVENS. The bill is still sub- false connections between why we are only with conviction but with wisdom. ject to amendment. No other Senator in Iraq and why we were attacked on Finally, though I continue to have has asked us to consider an amend- September 11. The implication is dis- differences with the President about ment. torting. It is false. The 9/11 Commission how he has gone about prosecuting the I suggest the absence of a quorum. put that allegation to rest. They found war on terror—and I have spoken out The PRESIDING OFFICER (Mr. no operational relationship between as forcefully as I know how—let our en- SUNUNU). The clerk will call the roll. Iraq and what happened in America on emies make no mistake—make no mis- The assistant legislative clerk pro- September 11, 2001. take at all—Americans are united in ceeded to call the roll. But now, 21⁄2 years into Iraq, the war the struggle for freedom. We stand to- Mr. DURBIN. Mr. President, I ask has not made us safer from terrorism. gether in our determination with the unanimous consent that the order for It has altered the strategic environ- President to fight the forces of tyranny the quorum call be rescinded. ment to our disadvantage. Today we

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00110 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22464 CONGRESSIONAL RECORD—SENATE October 6, 2005 have fewer allies in Iraq than we did How many Iraqi forces must be capa- tration taking to ensure that future in- when this war began. We have less ble of operating without U.S. assist- vestment will not be misused? credibility. ance or with minimal U.S. support be- We continue to hear that when it The search for Osama bin Laden has fore we can begin reducing our military comes to the basics of life, there is less been diverted. The President quoted presence? When will that number be electricity today for the families and Osama bin Laden today. I think it is reached? When can we start bringing people of Iraq than there was before time to capture Osama bin Laden, as American soldiers home? the invasion. We know they are strug- we have been promised so many times The next question: What specific gling with the basics of life—water, would happen. measures does the administration plan sewage, safety in the streets, safety for We have fewer options dealing with to take before and after this critical children to go to school. Iran and North Korea, and the adminis- October 15 constitutional referendum What we are saying at this point is tration knows it. Our army is strong to forge the necessary political con- this administration—every administra- and brave and resilient, but it is being sensus and reconcile the growing dif- tion—must be held accountable for its pushed to the limit. Our National ferences, sectarian and religious, in the policies. We must be able to measure Guard and Reserves and their families nation of Iraq? If such consensus is not whether progress is being made and are loyal and courageous Americans. reached, what policy changes will be whether staying the course will result They have carried an extraordinary required? in the kind of success the President is burden in this war in Iraq, and there is Just 2 weeks ago, the President of looking for. no end in sight. Iraq came to visit us in the Capitol. He None of these questions were an- The President gave a rousing speech, is a man of Kurdish ethnic origin. It swered today. We have no clearer pic- but we learned nothing about how we was interesting because his entire dele- ture of where we go from here than we will either win the war in Iraq or the gation he brought with him was Kurds. did yesterday. At this point, the Presi- war on terror. The choice in Iraq is not His closest aide and his security detail dent has a special responsibility to the to stay the course or withdraw tomor- were all Kurdish. The interesting thing American people—not to convince us of row. That is a false choice. We don’t about that is, we are talking about an the danger of global terrorism; we are want or need to retreat and allow that Iraq where all factions are coming to- convinced. We lived through 9/11. We part of the world to descend into chaos gether, and yet it appears their leaders know that these people who are en- politically. We need to implement a are traveling in these little enclaves gaged in that terrorism are looking for strategy that gives the Iraqis a chance that represent their sect, their ethnic an opportunity to strike again. But the to build a government that stands on background. There is not an indication President has a responsibility to ex- its own. That is the only government that Iraq is viewing the prospect of na- plain to the American people why Iraq, that can succeed in Iraq. which was not the testing grounds for This morning, the Department of De- tionhood in the way these top officials terrorism before our invasion, has be- fense reported that we have 148,810 sol- are conducting their public lives. How diers in Iraq; 1,945 Americans have died are we dealing with that? come that, why it has become a mag- Another question the President and since our invasion; 14,902 have been net for these terrorists to come from the administration must face: What ef- wounded. How many innocent civilian all over the Middle East and around Iraqis have been killed? It is anyone’s forts have they made or will they make the world to detonate car bombs and to estimate at this point, but some say to obtain broader international sup- attack our troops, and what we are between 20,000 and 40,000 Iraqis have port, including engaging Iraq’s neigh- doing to bring it to an end. lost their lives since the invasion. bors and other nations, particularly Those are the questions the Amer- We owe it to our men and women in Muslim nations, in an effort to sta- ican people still face. I know why the uniform, we owe it to those who believe bilize Iraq? President held this press conference. in America to let them know what our There is no question that many in He knows as well as I do, when you path for success will be. And we cer- Iraq resent our presence. They view us speak to people across this country, tainly owe it to America’s taxpayers as an occupying force. When the gen- they have serious misgivings, not who are spending $1.5 billion a week in erals brief us, they tell us bluntly: We about the bravery of our troops, not Iraq to let them know what our strat- cannot defeat the insurgency. It will about the need to make America egy will be. take political and economic forces. We strong, but that this strategy this ad- Last week in Washington, a piece of cannot do this militarily. And yet our ministration is pursuing will bring us information came out that had been force is there. Our sons and daughters, to a conclusion where America and its protected and classified for a long pe- those in uniform whom we love, are values are truly protected. riod of time. I had heard about it, but there with their lives at risk every sin- Mr. President, I yield the floor and we were not allowed to speak about it. gle day. suggest the absence of a quorum. Then Generals Casey and Abizaid came What is this administration doing to The PRESIDING OFFICER (Mr. to testify in an open and public hearing change the face of that force that sta- COLEMAN). The clerk will call the roll. and conceded the fact that out of over bilizes Iraq until they can control their The bill clerk proceeded to call the 100 battalions of the Iraqi Army in that own fate and their own future? What roll. country, only 1 out of the 100 were bat- are they doing, if anything, to bring in Mr. DORGAN. Mr. President, I ask tle ready; 1 out of 100 prepared for bat- troops from Muslim nations so that we unanimous consent the order for the tle to stand and fight on their own. no longer face the criticism that we are quorum call be rescinded. That is a shocking disclosure—the bil- somehow invading this Muslim coun- The PRESIDING OFFICER. Without lions of dollars we have put into Iraq, try? It is an important question to be objection, it is so ordered. the amount we have invested in the answered. Mr. DORGAN. Mr. President, because premise that once the Iraqi Army was How should the American people, we we are at this point postcloture, I want up and ready to fight, we could come ask the President, assess the progress to speak on a subject unrelated to the home, and then to learn after all of in reconstituting Iraq, in recon- bill. I ask unanimous consent to do this time that only one battalion structing it? What are the tangible re- that. stands ready to fight. sults of the billions of dollars America The PRESIDING OFFICER. Without This week, we addressed a letter to has provided for Iraq’s reconstruction? objection, it is so ordered. the President—some 40 Democratic Does the administration have a plan to THE PRICE OF ENERGY Senators joined together—and asked ensure that those who misuse tax- Mr. DORGAN. Mr. President, I want the President critical questions which payers’ funds will be held accountable? to speak about the price of oil and gas- we think need to be answered, ques- How much more will taxpayers be oline. I know there are a lot of discus- tions which were not answered today. asked to contribute to Iraq’s recon- sions around this country about many Here are the questions: struction? What steps is the adminis- issues of public interest. The American

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They show a little smaller budg- other countries, and 40 percent we are the elements that tell me there is et deficit by using the Social Security produce in this country. no free market here. surpluses to make it look smaller. We People say—well, those who support You have a market in which the price also have the largest trade deficit in the oil industry; there are plenty of of a gallon of gasoline is delivered. In the history of the country. The trade them here—it is fine for them to be fact, nobody ever sees it. It shows up at deficit and the budget deficit combined making $60 or $65 or $70 a barrel. That the gasoline pumps, you pump it into are over $1 trillion this year. We have gives them a chance to invest in more the tank of your car, and the money challenges there. production and refineries. Let me show goes from your wallet. There are a lot We have challenges in Iraq dealing you what was printed in Business Week of hard-working families in this coun- with foreign policy. We have our men in June of last year entitled ‘‘Why Isn’t try and low-income people who can’t and women wearing America’s uniform Big Oil Drilling More?’’ afford it—from their wallet into the in harm’s way. Our hearts go out to Rather than developing new fields, oil gi- treasury of the major integrated oil them and our prayers are with them. ants have preferred to buy rivals—‘‘drilling companies. We have a lot of issues. The gulf for oil on Wall Street.’’ Then the question is, Why isn’t big coast was hit by a devastating natural There ain’t no oil on Wall Street. oil drilling more? I made a proposition. disaster, by Hurricane Katrina followed Wall Street is about big finance, high I introduced a piece of legislation, by Hurricane Rita. Hundreds of thou- finance, buying and selling. There is no along with my colleague, Senator sands of Americans have lost their oil. DODD, and others, to say anything homes. Many of them have lost every- ‘‘Why Isn’t Big Oil Drilling More?’’ above $40 a barrel—incidentally, $40 a thing, living still today in shelters Oil has been over $20 a barrel almost con- barrel is the price at which the oil with a bleak prospect ahead. And our tinuously since mid-1999. That should have companies had the largest profits in country is coming together to try to been ample incentive for companies to open their history by far—if you are not say to them, You are not alone. We new fields, since new projects are designed to using it to drill for more oil or build face some challenges. be profitable with prices as low as the mid- more refineries, you get hit with a 50- Let me speak about one other chal- teens. Nevertheless, drilling has lagged. percent excise tax on those windfall lenge; that is, the challenge of the peo- This is Business Week. This isn’t profits, and all of that money is used to ple who drive up to the gas pump this some liberal rag. This is Business give rebates to consumers. It is not afternoon and buy 15, 16, or 18 gallons Week, a conservative business journal. money for the Federal Treasury. It of gas, put it in their tanks, and dis- Far from raising money to pursue opportu- cover it costs over $50. There are a takes the money back from the oil nities, oil companies are paying down debt, companies that are soaking people at whole lot of families in this country buying back shares, and hoarding cash. who cannot afford that. While people the gas pump and returns it to con- While the American people pull up to sumers. There is a huge cry about drive to the gas pump and put in 15 or the gas pumps to pay $50 for gas, where 18 gallons and have a $50 bill to pay, that—interfering with the market, we is it going? Is it going into the ground are told. the major integrated oil companies in to look for more oil or build refineries? the country have reaped the highest Let me refer to this article from the No, it is not. The pain of the person at New York Times. This is February of profits in their history. These major the gas pump is the gain of the treas- integrated oil companies are bigger, this year. This goes back 8 months or ury of the major integrated oil compa- stronger, more powerful and muscular so. nies. It is a fat treasury on the one than they have ever been. . . . the worlds 10 biggest oil companies Thanks to megamergers that have hand and enormous pain on the other. earned more than $100 billion in 2004, a wind- Katrina and Rita hit this country, occurred in recent years, all these oil fall greater than the economic output of Ma- companies fell in love with each other, and we have people here who say that laysia. . . .Their sales are expected to exceed is what is causing this angst about the $1 trillion for 2004, which is more than Can- started dating, got hitched, and now, ada’s gross domestic product. instead of two companies, it is one price of gasoline and oil. Not true. The fact is, oil was in the mid-60s a barrel Exxon Mobil, the world’s largest publicly company. It is ExxonMobil. It used to traded oil company, earned more than $25 be Exxon and Mobil, but it is now before Hurricane Katrina was bearing billion last year and spent $9.95 billion to ExxonMobil. The list goes on. So we down on the gulf coast. The price of oil buy back its own stock; Royal Dutch/Shell have bigger, stronger, and more power- was well above $60 a barrel. This isn’t Group . . . pledged to hand out at least $10 ful companies that have more impact about the hurricane. billion as dividends to shareholders this in the marketplace, and they are more Others of my colleagues say this is a year. free market in oil. Last year, the largest integrated oil com- profitable than ever in their history. panies spent 24 percent of their cash on divi- Let me use a few statistics. I was on one television program—I think a CNBC segment—and the mod- dends, 12 percent on share buy-backs, and 12 In January of last year, the average percent on paring debt . . . As a share of ex- price of oil was $34.5 a barrel in this erator, a real thoughtful gentleman he ploration and production expenses, spending country. At that rate, the major inte- was, said: You are a socialist because on exploration has declined over the last dec- grated oil companies made the largest you want to take the windfall profits ade, and now accounts for 20 percent of the profits in their history—Exxon earned that exist and tax them and use that total. $25 billion. What did they do with it? money to give a rebate to consumers. There was an interesting piece in a Nearly $10 billion went to buy back This is socialism, he said. I was tempt- newspaper just days ago. Most people their stock another story I will talk ed to say: Grow up. But he was a tele- know what AAA is, the American about in a moment. At $34.5 a barrel, vision commentator, so I didn’t do Automobile Association—headline: the integrated oil companies had the that. But the point is, there is no free Finger-pointing Begins After Gas Prices highest profits in their history. Add $30 market in oil. There is no free market. Jump 24 Cents in 24 Hours; Exxon Dealers— a barrel to that. Then ask yourself, Some OPEC oil officials that sit around These are the gas station dealers— What are the profits going to be this the table and make decisions about supply and price to some extent can in- —Say They Are Chafing Under Higher Prices year? You have the answer. Profits are Decreed From Atop. windfall, excess profits far above any- fluence it. A growing chorus of Exxon dealers in the thing justified. Then what you have are the now Washington metro area are raising their We use 21 million barrels of oil a day giant integrated oil companies that voices and accusing the world’s largest oil in this country. The world uses 84 mil- have been made larger by blockbuster company, Exxon Mobil, of profiting from the

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00112 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22466 CONGRESSIONAL RECORD—SENATE October 6, 2005 exorbitant prices at the pump in the wake of stantial pain that will occur this win- and it is, you know, good luck to you. Hurricane Katrina . . . In candid conversa- ter with a 70-percent increase in nat- God bless you. Go back and forth to the tions with AAA Mid-Atlantic, a handful of ural gas prices, a 40-percent increase in post office and visit a little bit about local dealers accused the oil giant of raising home heating fuel prices, and people how high the prices are, but nobody is their wholesale price to service stations by are going to ask the question, Why is 24 cents in a 24-hour period. going to help you much. The disgruntled dealers say the steep price this happening? Who is on my side? I don’t believe we are a country that increases put them on the horns of a di- Why do we have a circumstance where can do without oil. We produce oil in lemma . . . By raising their prices, they risk the biggest in this country, the largest my State. I support the oil industry in losing their loyal customer base, which has economic enterprises, make record many areas. I believe we ought to taken them years to build. By raising their profits and smile all the way to the produce more in this country. I believe voices against Exxon Mobil’s practices, they bank while all the rest of the folks are we are dangerously addicted to foreign risk losing their contracts. bearing the pain? oil. It is unusual, to say the least, that Question: What is happening here? I have often spoken about the Texas one-fourth of the world’s oil is con- What is going on? It is really an inter- Playboys, a band from the 1930s that sumed in this country every day. We esting dilemma. The inclination, I sus- had the refrain in their song, ‘‘Little share this globe with 6.5 billion people, pect, of most people here in the Con- bees suck the blossom, but the big bee and in this country alone we have a gress is to do nothing. Go to ‘‘parade gets the honey. The little guy picks the claim on one-fourth of all the oil that rest’’ is the most comfortable position cotton, and the big guy gets the is consumed. for politicians. It has always been and money.’’ If ever those lyrics meant It is a peculiar thing that somehow perhaps always will be. But we not something, it means something now in given how this planet is put together, only see prices at the gas pumps com- this circumstance with respect to the there is this little area halfway around ing from the price of a barrel of oil, pain and the gain in this energy policy. the world covered with sand where now $30 above last year’s prices and So I introduced a piece of legislation. most of the oil deposits exist, and the record profits, we are now heading into It is very simple. It says that at oil largest deposits are in countries called a winter season where folks from my prices above $40 a barrel, if the windfall Saudi Arabia, Iran, and Iraq. That is a home State, the State of North Da- profits accrued from those prices are curious and strange thing and one that not being used to explore for more oil kota, folks from the home State of the is also dangerous for us. Presiding Officer, the State of Min- and natural gas and if they are not We have become so dependent on that nesota, and others will be paying 70 being used to build refineries and add supply of oil—and now I am not talking percent more for natural gas. capacity, then they shall be taxed at 50 about the price and windfall profits of We had a vote yesterday on the low- percent, and all of the proceeds will be domestic companies; I am talking used to provide rebates to American income home heating assistance pro- about the dangerous addiction we have consumers. It is a form of revenue gram. We lost that vote. We will come to foreign oil. If we do not as a country sharing from the oil companies that back and have it again. We will eventu- decide we will try to find a way to are experiencing windfall profits to the ally have that vote. We don’t have a break this addiction—I am not sug- folks who are pulling up to the gas choice. Low-income folks have to heat gesting we will not always dig and pumps and the folks who are going to their homes, and heating a home in drill—but if our energy policy is just try to pay a heating bill that is exorbi- winter is not a luxury. digging and drilling, that is a ‘‘yester- But this is not just about them. What tant. I don’t have any idea whether this day forever’’ policy and it is one that is about the other folks, the folks who Senate will act on this legislation. It is destined for failure. are in the middle-income ranges who more likely the Senate will do what it We have to become independent in are still trying to figure out how to usually does in areas of controversy: it terms of our energy needs, particularly make ends meet? How do we buy school will stand with those who have the of those troubled countries in the Mid- clothes for our kids and pay for gas for most economic clout. The question of dle East. I find it fascinating we have our car and pay our mortgage, buy the whose side are you on, regrettably, at such a relationship with the Saudis. groceries each week, and do all the least in recent years, the Senate has The Saudis have the largest reserves of things we need to do for our family, demonstrated that it is not on your oil in the world. Under their sands and then pay a 70-percent increase in side. It is not on the side of the little exist the world’s largest oil reserves. the cost of heating our homes for win- guy, that is for sure. We can pretend Because of that, even our foreign pol- ter? What about those people? Does and act as if we have our hands over icy is altered. anybody here care, or are we just con- our eyes for some months and say it I have spoken in the Senate many tent to thumb our suspenders and light just didn’t work out that we could do times about the 28 redacted pages in our cigar under the glare of klieg anything, really. So the market system the 2002 December report about the lights? God bless the free market. Let works. If it costs $50 to fill your tank, September 11 terrorist attack in this it all go. What utter, sheer nonsense. that is the way the market is. God country. Fifteen of the 19 terrorists There is no free market in oil. I know bless you. See you tomorrow. Good were Saudi citizens. The combined In- people with suits that cost a whole lot luck, by the way. telligence Committees of the House more than mine are going to be cranky Or when you find the 70-percent in- and the Senate did this first investiga- about this statement. There is no free crease in your home heating fuel and it tion of September 11. They sent it to market. They will say: Of course there is 30 below zero and the wind is blowing the White House. The White House pub- is a free spot market. There are people 40 miles per hour—and yes, it does in lished the book, but 28 pages were re- trading right now as you speak, Sen- some parts of our country—and you are dacted. What were they? Twenty-eight ator DORGAN. There are people trading cranking up the furnace to make sure pages, according to published reports back and forth, and of course there is a there is enough heat in the house for and according to my colleague Senator market. you, the family, and the kids, so you GRAHAM, in his book, had to do with Totally absurd. There are the OPEC can go to bed and not freeze, and those the Saudis. Why? Because all that we ministers, there are the larger and who say this is just the free market, do with the Saudis, all we do with more powerful through blockbuster good for you, God bless you, keep that them in foreign policy, even with re- mergers integrated oil companies, and furnace high, but you have to make it spect to this issue of terrorist attacks, then there is rampant speculation in a priority to pay the heating bill. It is has to do with our incredible depend- the futures market. They are combined not our fault the heating bill is so ence on Saudi oil and on Middle East to make a pretty interesting dance, but high. Congress decided not to do any- oil. there is no free market. thing. This is dangerous for our country. We There is substantial pain in this By the way, now it is December and have to remove ourselves from that, re- country at the price of gasoline, sub- the Congress is not in session anymore, move that addiction. How do we do

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00113 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22467 that? There is a wide range of things. a wealth of information about this re- would not have to pay it. They would We passed energy legislation in this finery issue that suggests this is not choose not to pay it if, in fact, they are Congress. It is not great, but it is not about environmentalists; it is about using their windfall profit to explore bad. I voted for it. It moves us in the the oil companies deciding in their own for more oil and build more refineries; right direction. That is the immediate interests how much refining capacity and if not, they would choose to repay term. In the short term, we are con- they want and what kind of margins part of that profit in a form of rebate fronted with this unusual price for a they want from refining. back to their consumers. barrel of oil which converts to an un- My point is very simple. We have a My hope remains in these coming usual price for a gallon of gasoline. serious problem in this country with days as the Congress lurches toward Every American driving up to the gas an energy crisis. It is not getting bet- the end of this year, that Congress and pump today understands the shock ter. We have a dislocation, terrible the Senate, particularly, will find time value of having to pay these prices. pain, for a lot of working folks, a lot of to do what is the bull’s eye, the agenda Every American trying to heat their low-income people, not just to drive the American people want, to deal with home this winter will understand the their cars but also to heat their homes things that affect them every day in a same shock value. as we approach this winter. And they very significant way. They will and should ask the ques- will ask the question, and should, is I yield the floor and suggest the ab- tion, Is anybody doing anything about anyone going to care about this? Will sence of a quorum. this, or is this an appropriate form of a somebody do something about it? Will The PRESIDING OFFICER. The new market system we do not under- someone be on our side and stand for clerk will call the roll. stand? The answer is, the Congress us? The legislative clerk proceeded to should do something about it. Again, We will have some people say this is call the roll. let me say there are all kinds of rea- the free market and if you do not like Mr. DORGAN. Mr. President, I ask sons and excuses and especially distor- it, tough luck, we do not intend to in- unanimous consent that the order for tions that are moved around on these tervene in a free market. the quorum call be rescinded. subjects. Let me give an example of Then there are others, such as me, The PRESIDING OFFICER. Without one. who say that is nonsense, this is not a objection, it is so ordered. We have people who say, look, the free market, this is not fair competi- REPEAL LAW reason we did not have more oil flow- tion. A free market economy is about Mr. DORGAN. Last Friday I was in ing, which would relate to supply and competition. Easy entry, easy exit, the Senate briefly and indicated we demand, with the supply-demand competition around price. There is no were introducing legislation that re- curve, if you have more supply going in free market here. We have OPEC, oil peals the law that was passed in the against a fixed demand or an increas- companies, and rampant speculation. emergency response to Hurricane ing demand, a greater supply means They have created a distortion of so- Katrina that took the limitation on lower price. The reason we do not have called market prices. the credit cards carried by Federal em- that is because of the eggheaded envi- The American people deserve a Sen- ployees from $2,500 to $250,000. That is ronmentalists, they would claim. They ate that will stand in at times when oil right, the bill that responded with have prevented oil companies from prices reach $60 and $70 a barrel and we emergency funding for Katrina also in- building refineries, so shame on them, have profits that represent the biggest cluded a provision that increased the that is the problem today. We do not profits in the history of corporate limit on Federal credit cards that are have enough refineries. America. The American people deserve carried by some 300,000 Federal work- We hear that in the Senate and the a Senate that will stand up and say, We ers, increased the top limit from $2,500 House and all political debate, over and are on your side and we will do some- per purchase for $250,000 per purchase. over. It is a branding technique, the thing about it when the market system When I discovered that, I thought, notion if you say it often enough, peo- does not work. that is not right, that cannot be believ- ple will start believing it: 150 refineries America can do better. The fact is we able. It, in fact, was. I discovered the have been closed in the past 25 years can do better on energy policy. We can White House had requested that in- and no new refineries have been sited do better on policy I just described. We crease in the limit on Federal credit in the same period. owe it to people to intervene in cir- cards be provided. The fact is most of the evidence cumstances where we must intervene. In fact, the person who came down to points to the oil companies themselves The Senate should make it a priority brief the Congress on that was Mr. as making the decisions about closing to consider this kind of legislation. Safavian, top procurement officer at refineries. They have decided to shut We have meandered our way through the Office of Management and Budget, down existing refineries and decrease this year. There has been no discern- who was arrested 2 weeks later by the output as a business matter. They do ible pattern, no discernible journey FBI and now has been indicted. But all that following big mergers and also re- that makes much sense to me. But in this happened some weeks ago. The structuring. The big integrated oil this Congress we have wandered credit card limit went from $2,500 to companies control a majority of the around, place to place. We did not pass $250,000 on the credit card that is car- Nation’s refined oil and gas products. our appropriations bills, intervened in ried by a Federal worker, and there are In many cases, they control this proc- a whole range of issues, including the 390,000 or so around. ess from the point of pulling oil from Terri Schiavo case. I could go on and I introduced with my colleague Sen- the ground to pumping it into your gas on and on. We intervened in all the ator WYDEN a bill that would restore it tank. other issues. back to the $2,500 limit. My point was, The fact is, there is an interesting The key things most people are con- this is nuts. It is goofy to put a $250,000 amount of evidence about this issue of cerned about in their daily lives, that limit on a credit card. It is unbeliev- refineries. We had an Energy Com- they talk about at the supper table able. I pointed out the Inspector Gen- mittee hearing about this. We had when they sit around and have some- eral’s reports and also the GAO reports three experts who knew about all this. thing to eat together—this is one of about abuse of credit cards by some Why are there not more refineries those key issues. What is the price of Federal employees. being built? Because the margins are energy? Can we afford it? If not, what One Federal employee put breast en- not higher, is why. That is from the ex- do we do? largements for his girlfriend on a Fed- perts. It has nothing do with environ- The proposal I have offered with eral credit card. Buying liquor, trips, mentalists. The margins are not high- some of my colleagues for a windfall guns, unbelievable expenditures in the er. So when oil companies restructure profits recapture would not injure any abuse found by the GAO, and we will and merge, they close refineries be- major integrated oil company under increase the top limit on the credit cause they want to. The fact is there is any set of circumstances because they cards to $250,000?

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00114 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22468 CONGRESSIONAL RECORD—SENATE October 6, 2005 I introduced that legislation and I in morning business, with the clock on (b) PERSONAL MONEY ALLOWANCE.— am pleased to say on Monday of this cloture continuing to run. (1) ENTITLEMENT.—Section 414(c) of title 37, week the Office of Management and The PRESIDING OFFICER. Without United States Code, is amended by striking Budget and the White House announced objection, it is so ordered. ‘‘or the Master Chief Petty Officer of the Coast Guard’’ and inserting ‘‘the Master they support the legislation to take (The remarks of Mr. THUNE per- Chief Petty Officer of the Coast Guard, or this back to $2,500. So it is actually taining to the introduction of S. 1840 the Senior Enlisted Advisor for the Chair- $2,500 plus an emergency $15,000 post are printed in today’s RECORD under man of the Joint Chiefs of Staff’’. September 11, that happened after Sep- ‘‘Statements on Introduced Bills and (2) EFFECTIVE DATE.—The amendment tember 11, which is what we would take Joint Resolutions.’’) made by paragraph (1) shall take effect on this back to. The White House has said Mr. THUNE. Mr. President, I yield April 1, 2005. they want to rescind the $250,000 and back the remainder of my time. AMENDMENT NO. 2054 take it back to $2,500. I suggest the absence of a quorum. (Purpose: To support certain youth organiza- That is the legislation I have intro- The PRESIDING OFFICER. The tions, including the Boy Scouts of America duced with my colleague Senator clerk will call the roll. and Girl Scouts of America, and for other WYDEN. My hope is at the first oppor- The assistant legislative clerk pro- purposes) tunity, given the support of the White ceeded to call the roll. At the appropriate place, insert the fol- House, that I can offer this as an Mr. STEVENS. Mr. President, I ask lowing: amendment, perhaps not to this bill, unanimous consent that the order for SEC. ll. SUPPORT FOR YOUTH ORGANIZATIONS. because I think we are limited in the quorum call be rescinded. (a) SHORT TITLE.—This Act may be cited as amendments and we are probably on The PRESIDING OFFICER. Without the ‘‘Support Our Scouts Act of 2005’’. (b) SUPPORT FOR YOUTH ORGANIZATIONS.— auto pilot with respect to the amend- objection, it is so ordered. (1) DEFINITIONS.—In this subsection— ments. The very next piece of legisla- Mr. STEVENS. Mr. President, the hour is now almost 4:30 p.m. We have (A) the term ‘‘Federal agency’’ means each tion, it would be my intention to offer department, agency, instrumentality, or that. waited and waited and waited for Sen- other entity of the United States Govern- As I said, that will have the support ators to bring their amendments. No ment; and of the White House. Without it, of further amendments have been noticed (B) the term ‘‘youth organization’’— course, the law still exists. It was put to either side. (i) means any organization that is des- in law at the request of the White AMENDMENTS NOS. 1981, 2053, 2054, 2055, EN BLOC ignated by the President as an organization Mr. STEVENS. Mr. President, I have that is primarily intended to— House to take the top limit from $2,500 (I) serve individuals under the age of 21 to $250,000. I want to take it back. The a managers’ package which I send to years; White House says they want it back. the desk for Senator CHAMBLISS, (II) provide training in citizenship, leader- So let’s decide here in the Senate to amendment No. 1981, literacy on mili- ship, physical fitness, service to community, put it on a bill and get it to conference tary installations; an amendment for and teamwork; and and get this sort of thing done. myself on advisers for the Joint Chiefs (III) promote the development of character Let me also say to OMB and the of Staff; an amendment for Senator and ethical and moral values; and White House, I appreciate their candor FRIST on certain youth organizations; (ii) shall include— (I) the Boy Scouts of America; and their willingness to do the right and an amendment for Senator BYRD (II) the Girl Scouts of the United States of thing. Everyone understood what was regarding Hurricane Katrina relief. America; requested was a mistake. It should not I ask these items be considered en (III) the Boys Clubs of America; have been requested. The decision now bloc. (IV) the Girls Clubs of America; is to change the law and to make it The PRESIDING OFFICER. Without (V) the Young Men’s Christian Association; where it ought to be, a $2,500 limit on objection, the Senate will consider the (VI) the Young Women’s Christian Associa- the credit cards. amendments en bloc. tion; Yes, we have to respond in a signifi- Mr. STEVENS. Mr. President, I ask (VII) the Civil Air Patrol; cant way to Hurricane Katrina. Some- that the Senate consider the amend- (VIII) the United States Olympic Com- ments and adopt them en bloc. mittee; times that might encourage somebody (IX) the Special Olympics; or require somebody in certain cir- The PRESIDING OFFICER. Without (X) Campfire USA; cumstances to have a larger purchase, objection, the amendments are agreed (XI) the Young Marines; but there are plenty of ways to accom- to, en bloc. (XII) the Naval Sea Cadets Corps; modate that without risking the waste, The amendment (No. 1981) was agreed (XIII) 4-H Clubs; fraud, and abuse that will go with hav- to. (XIV) the Police Athletic League; ing credit cards with $250,000 limits. (The amendment is printed in the (XV) Big Brothers—Big Sisters of America; Our legislation is pending. I make RECORD of Monday, October 3, 2005, and (XVI) National Guard Youth Challenge. the point I appreciate the administra- under ‘‘Text of Amendments.’’) The amendments were agreed to, en (2) IN GENERAL.— tion deciding to do a U-turn on this (A) SUPPORT FOR YOUTH ORGANIZATIONS.— policy. We will offer this legislation in bloc, as follows: (i) SUPPORT.—No Federal law (including the Senate as soon as we are eligible to AMENDMENT NO. 2053 any rule, regulation, directive, instruction, offer it on perhaps the next piece of (Purpose: To increase the rate of basic pay or order) shall be construed to limit any Fed- legislation brought to the floor. for the enlisted member serving as the eral agency from providing any form of sup- I yield the floor and I suggest the ab- Senior Enlisted Advisor for the Chairman port for a youth organization (including the sence of a quorum. of the Joint Chiefs of Staff) Boy Scouts of America or any group offi- The PRESIDING OFFICER. The At the appropriate place, insert the fol- cially affiliated with the Boy Scouts of lowing: America) that would result in that Federal clerk will call the roll. agency providing less support to that youth The legislative clerk proceeded to SEC. ll. INCREASE IN RATE OF BASIC PAY OF THE ENLISTED MEMBER SERVING organization (or any similar organization call the roll. AS THE SENIOR ENLISTED ADVISOR chartered under the chapter of title 36, Mr. STEVENS. Mr. President, I ask FOR THE CHAIRMAN OF THE JOINT United States Code, relating to that youth unanimous consent that the order for CHIEFS OF STAFF. organization) than was provided during the the quorum call be rescinded. (a) INCREASE.—Footnote 2 to the table on preceding fiscal year. This clause shall be The PRESIDING OFFICER (Mr. Enlisted Members in section 601(b) of the Na- subject to the availability of appropriations. CHAFEE). Without objection, it is so or- tional Defense Authorization Act for Fiscal (ii) YOUTH ORGANIZATIONS THAT CEASE TO dered. Year 2004 (Public Law 108–136; 37 U.S.C. 1009 EXIST.—Clause (i) shall not apply to any note) is amended by striking ‘‘or Master youth organization that ceases to exist. Mr. STEVENS. Mr. President, I ask Chief Petty Officer of the Coast Guard’’ and (iii) WAIVERS.—The head of a Federal agen- unanimous consent that the Senator inserting ‘‘Master Chief Petty Officer of the cy may waive the application of clause (i) to from South Dakota be entitled to in- Coast Guard, or Senior Enlisted Advisor for any youth organization with respect to each troduce a bill and have time as though the Chairman of the Joint Chiefs of Staff’’. conviction or investigation described under

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00115 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22469 subclause (I) or (II) for a period of not more zation described under part B of subtitle II of tially, Reach Out and Read began as a than 2 fiscal years if— title 36, United States Code, that is intended collaboration between pediatricians (I) any senior officer (including any mem- to serve individuals under the age of 21 and early childhood educators. By ber of the board of directors) of the youth or- years. working together, these two groups ganization is convicted of a criminal offense ‘‘(2) IN GENERAL.—No State or unit of gen- relating to the official duties of that officer eral local government that has a designated found that pediatricians and nurse or the youth organization is convicted of a open forum, limited public forum, or non- practitioners were in a unique position criminal offense; or public forum and that is a recipient of assist- to promote early literacy because they (II) the youth organization is the subject of ance under this chapter shall deny equal ac- enjoyed and had regular contact with a criminal investigation relating to fraudu- cess or a fair opportunity to meet to, or dis- young children and their parents lent use or waste of Federal funds. criminate against, any youth organization, through well-child check-ups. Reach (B) TYPES OF SUPPORT.—Support described including the Boy Scouts of America or any Out and Read builds on the unique re- under this paragraph shall include— group officially affiliated with the Boy lationships between medical providers (i) holding meetings, camping events, or Scouts of America, that wishes to conduct a other activities on Federal property; meeting or otherwise participate in that des- and parents, and helps families and (ii) hosting any official event of such orga- ignated open forum, limited public forum, or communities encourage early literacy nization; nonpublic forum.’’. skills so that children will enter school (iii) loaning equipment; and AMENDMENT NO. 2055 better prepared for success in reading. (iv) providing personnel services and (Purpose: To make appropriations for certain ROR plans to launch 300 new program logistical support. sites per year for the next 5 years, (c) SUPPORT FOR SCOUT JAMBOREES.— activities related to Hurricane Katrina re- (1) FINDINGS.—Congress makes the fol- lief) which will double the number of chil- lowing findings: At the appropriate place, insert the fol- dren receiving books and guidance. My (A) Section 8 of article I of the Constitu- lowing: amendment will establish Reach Out tion of the United States commits exclu- TITLE ll. and Read pilot programs on a limited sively to Congress the powers to raise and number of military bases across the support armies, provide and maintain a SEC. 101. (a) There are appropriated out of the Em- country. I ask for support of this Navy, and make rules for the government amendment. and regulation of the land and naval forces. ployment Security Administration Account (B) Under those powers conferred by sec- of the Unemployment Trust Fund, $14,000,000 Mr. STEVENS. I move to reconsider tion 8 of article I of the Constitution of the for authorized administrative expenses. the vote. United States to provide, support, and main- (b) From the money in the Treasury not Mr. INOUYE. I move to lay that mo- tain the Armed Forces, it lies within the dis- otherwise obligated or appropriated, there tion on the table. cretion of Congress to provide opportunities are appropriated to the Office of the Inspec- The motion to lay on the table was to train the Armed Forces. tor General of the Department of Health and Human Services $5,000,000 for oversight ac- agreed to. (C) The primary purpose of the Armed Mr. STEVENS. Mr. President, again I Forces is to defend our national security and tivities related to Hurricane Katrina. (c) The amounts appropriated under sub- say, we have told our colleagues time prepare for combat should the need arise. and time again we were waiting for (D) One of the most critical elements in de- section (a) and (b) (1) are designated as an emergency require- fending the Nation and preparing for combat amendments. No amendments have ments pursuant to section 402 of H. Con. Res. is training in conditions that simulate the been noticed on either side. 95 (109th Congress); and preparation, logistics, and leadership re- I ask for third reading. (2) shall remain available until expended. quired for defense and combat. The PRESIDING OFFICER. The (E) Support for youth organization events Mr. CHAMBLISS. Mr President, I question is on the engrossment of the simulates the preparation, logistics, and rise today in favor of the amendment I amendments and third reading of the leadership required for defending our na- am offering to H.R. 2863 that will es- bill. tional security and preparing for combat. tablish pilot projects regarding pedi- Ms. LANDRIEU. I object. I suggest (F) For example, Boy Scouts of America’s atric early literacy on military instal- the absence of a quorum. National Scout Jamboree is a unique train- lations. ing event for the Armed Forces, as it re- The PRESIDING OFFICER. The Sen- quires the construction, maintenance, and Reach Out and Read, ROR, is a pro- ator may debate. disassembly of a ‘‘tent city’’ capable of sup- gram that trains doctors and nurses to The clerk will call the roll. porting tens of thousands of people for a advise parents about the importance of The legislative clerk proceeded to week or longer. Camporees at the United reading aloud to their children. The call the roll. States Military Academy for Girl Scouts and program provides books for all children Mr. CARPER. Mr. President, I ask Boy Scouts provide similar training opportu- from the age of 6 months to 5 years re- unanimous consent that the order for nities on a smaller scale. ceiving a check up at participating pe- the quorum call be rescinded. (2) SUPPORT.—Section 2554 of title 10, diatric centers. From the start, the United States Code, is amended by adding at The PRESIDING OFFICER. Without the end the following: purpose of ROR was to encourage par- objection, it is so ordered. ‘‘(i)(1) The Secretary of Defense shall pro- ents to read to their children and pro- Mr. CARPER. Mr. President, I ask vide at least the same level of support under vide them with the tools to do so. This unanimous consent that my 1 hour of this section for a national or world Boy premise is the basis for the ROR model time of debate be yielded to Senator Scout Jamboree as was provided under this utilized by 2,337 program sites across LANDRIEU from Louisiana. section for the preceding national or world the United States today. Boy Scout Jamboree. The PRESIDING OFFICER. Without ‘‘(2) The Secretary of Defense may waive Currently, the program sites are all objection, it is so ordered. paragraph (1), if the Secretary— located at clinics, hospitals, office Mr. CARPER. I suggest the absence ‘‘(A) determines that providing the support practices and other primary care sites of a quorum. subject to paragraph (1) would be detri- serving more than 2 million children The PRESIDING OFFICER. The mental to the national security of the distributing more than 3.2 million clerk will call the roll. United States; and books annually. While I am pleased The legislative clerk proceeded to ‘‘(B) reports such a determination to the that the program has a strong presence call the roll. Congress in a timely manner, and before such support is not provided.’’. in Georgia, with over forty partici- Ms. LANDRIEU. Mr. President, I ask (d) EQUAL ACCESS FOR YOUTH ORGANIZA- pating sites, I am also aware that none unanimous consent that the order for TIONS.—Section 109 of the Housing and Com- of the participating sites are on any of the quorum call be rescinded. munity Development Act of 1974 (42 U.S.C. our thirteen military installations. The PRESIDING OFFICER. Without 5309) is amended— It is important that the children objection, it is so ordered. (1) in the first sentence of subsection (b) by growing up on our Nation’s military in- Ms. LANDRIEU. Mr. President, I ask inserting ‘‘or (e)’’ after ‘‘subsection (a)’’; and stallations are allowed the option to to speak for as much time as I may (2) by adding at the end the following: ‘‘(e) EQUAL ACCESS.— participate in the same federally fund- consume. I understand there will be ‘‘(1) DEFINITION.—In this subsection, the ed programs that are offered to non- other amendments that may be offered. term ‘youth organization’ means any organi- military families and children. Ini- We are trying to debate and pass the

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00116 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22470 CONGRESSIONAL RECORD—SENATE October 6, 2005 Defense appropriations bill. I thank the the standing up of Iraq. While I have used to be operating in New Orleans Senator from Alaska and the Senator questions about some of the things we until Katrina came. The whole supreme from Hawaii for their good work in try- are doing, some of the things we have court went to Zachary, LA. They do ing to move this bill through because done, and how we are going to get our- not even have a court building to oper- they have done an outstanding job. selves back home after stabilizing it, I ate in. I find myself in a very unusual posi- have to say when I went on the Web I am all for this bill. To my knowl- tion because, of course, I voted for clo- site today, it was hard to actually edge, I have never voted against a De- ture because I want to pass this bill. read. The people of Louisiana, Mis- fense appropriations bill and do not in- We absolutely have to pass a Defense sissippi, and Alabama are going to be tend to tonight, but because Senator appropriations bill. Unfortunately, we quite surprised if they go on this U.S. VITTER and I have been asking for some have had 48 soldiers from Louisiana Army Corps of Engineers Web site and money directly, not even new money, die, many more wounded. Families are pull up this gulf region division be- not even money out of this bill, for the still mourning those losses and we have cause they might think this is about House of Representatives to send us a to figure out a way to get the job done the gulf region right here in the United commitment, for the President to send over there, and get it done right and States. But it is not. It is about the us a commitment of $1 billion to our get our soldiers home. gulf region in Iraq. sheriffs, to our police force, to our fire- We need to move on with this bill. As In the underlying bill we are passing, fighters for 3 months, to keep them op- my colleagues know, at about 4:30 this and we need to pass, I am trying to get erating, is it any surprise that I cannot morning this bill will pass under the the administration—the leadership sit in my chair and smile while we are cloture rules and we are going to go on. here to at least agree to take $1 billion sending all of this money to stand up But I have decided to take some time of the FEMA money we have already public works in Iraq—354 planned until 4:30 this morning to talk about a allocated, $62 billion, and send to Lou- projects in water treatment, sewer war that is going on at home and that isiana to begin some construction projects, buildings for health and edu- is a war we are fighting on the gulf projects and some standing up of some cation; 1,091 projects, including coast to stay alive, to protect our way critical programs to keep cities, par- schools, primary health care centers, of life, to keep the American flag fly- ishes, and law enforcement whole as we hospitals, and public buildings? ing over Louisiana, Mississippi, and begin our rebuilding program from the This is what my city looks like. Ac- Alabama. largest natural disaster that ever oc- tually, this is not New Orleans. This is Mr. STEVENS. Mr. President, may I curred. That is all we are trying to do probably Waveland or Bay St. Louis, inquire how much time does the Sen- is give $1 billion to the cities and par- but it could be New Orleans. It could be ator have? ishes so they can hold heart and soul Slidell. The PRESIDING OFFICER. Does the together, so as we pass additional help, This is what the gulf coast of the Senator from Louisiana yield for a par- whether it comes from levee construc- United States looks like today. Most of liamentary inquiry? tion, or whether it comes from small it is gone. These are the cities Senator Ms. LANDRIEU. Yes. business, or whether it comes from VITTER and I and our delegation have Mr. STEVENS. How much time does health care, the entities of the govern- been trying to get help to. I do not see the Senator from Louisiana have re- ment, the parish presidents, the cities, any houses here, but maybe someone maining? the sheriffs, the police officers, and the does. I do not know how we collect ad The PRESIDING OFFICER. There is fire departments are there to help us valorem taxes to pay for police and fire 94 minutes. build a region. protection. There are no stores people Ms. LANDRIEU. Mr. President, I I was surprised to see on the Web can shop in to generate the sales tax probably will not take all 94 minutes at page that this is the goal we have in necessary to keep the mayor and city this moment, but I will probably take Iraq: to establish a government, pro- hall functioning. When we pass tax that and even some more as we move vide security, enhance basic services to credits, which we might want to do and through the evening trying to get some the Government of Iraq. It sounds like have already done to entice businesses closure on a subject we have now been something we are trying to do in Lou- to come back, where would they go to talking about, unfortunately, it seems, isiana, Mississippi, and Alabama—pro- get a permit? When they file their with no end in sight, or no resolution vide security, enhance basic services, plans for construction, who would re- on the horizon to try to get some real and keep our cities, our police forces, view them? When they have to file money—not photo ops, not promises, our fire departments operating through their plan to meet the EPA standards not press conferences, not visits, but the worst and largest natural disaster that would be required before they some real money to some real people in in the history of the United States. could build here, who would be there to Louisiana who need help, our cities We are getting ready to send billions take their application? that were devastated, our parishes that of dollars to Iraq, finance billions of This photo is what my constituents have been crippled, our law enforce- tax cuts for other people, finance bil- look like. I wouldn’t be surprised if ment that has been set back on its lions for programs. We have already this man was in the Army or the Navy. heels. Three hospitals stayed open the given $62 billion to FEMA that every- Maybe he is a Reserve officer. I entire time in the New Orleans metro- one says does not work, and I can per- wouldn’t be surprised at all because I politan area to provide desperately sonally testify to that, having been in have thousands of them who put the needed emergency health care in a re- the State now almost every day since uniform on and went to Iraq and came gion of almost 1.5 million people. Hero- this hurricane. We cannot seem to get back, and this is what they have come ically, they stayed up, and because an agreement to get $1 billion for the back to. I have an administration that they did, one of those hospitals cannot people of the gulf coast to keep their is going to pass this Defense bill to put claim insurance because the only way security open, their basic services oper- electricity in Baghdad, build schools in they can claim it is if they closed ating, their electricity running, and Baghdad, and will not give the Lou- down. They stayed open so they may their water turned on. isiana delegation $1 billion—out of $62 lose their hospital if we do not try to We have been working for weeks dili- billion that has already been allocated get some money. gently on these 815 projects in Iraq for so it wouldn’t cost anybody a penny— The reason I do not feel the least bit ports of entry, military facilities, po- to help keep the lights on in the cities guilty standing here asking for it on lice facilities, fire facilities, prisons, that were destroyed. this bill is because the underlying De- and courts. The last time I checked the This is what my people look like. I fense bill—if the staff will bring me the New Orleans court system, we did not don’t know how many times they have final numbers of this bill—has a tre- even have a court operating. The last to cry. I am sorry she doesn’t have a mendous amount of money we are time I checked, the supreme court had lobbyist to send to Washington. I hap- spending in Iraq for our defense and for moved to Zachary. The supreme court pen to be her lobbyist.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00117 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22471 Here is one for the books. ‘‘Here lies still have places that don’t have run- closed, not all the other needs that we Vera. God help us.’’ I think this grave ning water. have, from levees to environment to is in New Orleans. I am not certain. Please stop sending us bottled water. housing to education to health care— But neighbors in the middle of the We have enough. It is not the bottles none of that. We can wait for that until flood, when no one would come to get we need, it is the faucets that need to we get back. Just keep us operating them, took this 65-year-old woman who get turned on. But we are going to while we are on vacation. was killed in the flood and built a stand here and pass a bill delivering on We have yet to hear from the White grave for her and wrote ‘‘Here lies power for Iraq. House, from the House of Representa- Vera. God help us,’’ before they left. A total of 2,760 megawatts of power tives. I know the Senate would pass This is a picture of a woman who the have been added to the grid in Iraq to such a proposal, but the reason I can- news media does not think a lot of— service more than 5 million Iraqi not accept the passage from the Senate not all of them, but a lot of them don’t homes, and I can’t get $1 billion to help is because all that would be is a Sen- think she is self-reliant. We don’t have keep electrical workers on the ground ate-passed bill. self-reliant people in Louisiana because in New Orleans turning on the power in I am sure the Senate would pass it we have the nerve to come up here and Louisiana, Mississippi, or Alabama. unanimously, but it would pass and it ask for money. That is our money that We never have any money for any- would sit and no one in Louisiana or we put in the Treasury. We don’t have thing, but here in the Corps of Engi- Mississippi would get help because self-reliant people, one of the news- neers budget here is $4.3 billion allo- until the House of Representatives papers said, in Louisiana. cated from supplemental appropria- acts, until the President says that he Our people put money in the Federal tions for general system improvements will do this, it cannot be done. Treasury thinking they belonged to the for electricity. The World Bank esti- I know the President wants to help. United States of America, so when one mates the total necessity to be $12 bil- He has been down to the State. He rec- county or one parish or one State is lion, so I am sure we are going to come ognizes that FEMA is having some hurt, the other 49 might come to their up with the other $8 billion to turn the problems. He has said he wants to help. aid. That is what the United States is lights on in Iraq. But the people who But we just cannot keep waiting. So I about. produce the electricity in the United am going to stay here through the This woman looks pretty self-reliant States of America to turn on lights ev- evening. I am going to continue to ne- to me. She does not have much, but erywhere in the country, from Chicago gotiate. I am going to continue to talk you know what. She has her two chil- to New York to California, can’t get with the Senators handling this bill. I dren in her arms. And if she had three, the lights turned on in their own back- am going to continue to have telephone I am sure she would have figured out yard because nobody around here can calls and meetings with anybody who how to bring the other one on her back. find $1 billion to give to us. would like to talk about this subject She brought them to safety. They say: Senator, how do you know and see what we can do to get this This woman may be complaining, but FEMA is not working? I have been money committed, in real dollars, in I can tell you I have seen a lot of peo- home just about every day and have any bill in any way for this one comple who have been through a lot of been to most of the shelters, talked to munity disaster assistance program. stuff, and they still come up to me and most of my mayors, talked to my sher- Then we need a commitment when say: Senator, we appreciate everything iffs, talked to everybody at home, try- we get back to have a vote on Grassley- everybody is doing for us. I just wish ing to be patient, understanding they Baucus, a bill that gives emergency you would hurry up. are working little kinks out. But let health care that this Senate has al- Not everybody is complaining. But me tell you what comes into our office ready approved in a bipartisan way, let me put it down right now: I am on a daily basis. and three amendments to that bill. complaining. This Senator is com- Phone calls to my office: They would cover some emergency edu- plaining about the treatment that our The attached pages are records of some cation for elementary and secondary people have received. [underline some] of the calls received in the grades and emergency education for I tried to be patient. I tried to say: last few days. Nearly all of them from con- our universities that are teetering on Fine, FEMA is not working. I under- stituents who have not received any assist- the brink of collapse—all of them, pub- stand it. We all made a mistake. We all ance from the Federal Government or Red Cross. lic and private, and historically black messed up. We put it where it can’t Some of the first calls were for search and colleges included. If we can have a vote work. We put someone in charge who rescue, and in the 35 days since Hurricane when we come back—the Senate can didn’t know what he was doing. We Katrina made landfall, countless vote no, the House can vote no, or you gave them money, they can’t spend it, Louisianans are in no better shape than they know what—the President can veto the so let me just have $1 billion of the $62 were on the day the hurricane hit. bills. But at least I will think I did ev- billion that they have. There is $43 bil- I am sure Senator VITTER has a stack erything I could to try to get people lion sitting there they cannot even use. at least this thick, if not thicker, as help. If the President wants to veto the Let me just please get it to my fire- has every member of our congressional bills, fine. If the Senate wants to vote men, to my police officers, to the may- delegation, and even some of our neigh- them down, fine. If the House wants to ors to let them operate for 3 more bors from the neighboring States. They vote them down, fine. But at least we months. have calls recorded—names, phone can get a commitment to get votes on I have to be told: Senator, I am numbers. those bills, get the $1 billion now, and sorry. We want to go home on a break. When people say, Senator, how do we will come back. You know what. We are not leaving you know FEMA is not working, I do I assure you we will be working on until 4:30 in the morning. We might go have an idea it might not be working this not for weeks but for months, for home on a break, but it will be 4:30 to- very well. So we could take $1 billion perhaps years—until we stand up this night. from FEMA, send it through an already region. Right after the storm, a lot of people existing program called the Commu- I am not one who doesn’t believe in didn’t have electricity. After hurri- nity Disaster Loan Program that nation building. Some people don’t canes you don’t have a lot of elec- worked in New York, that worked in think we should be engaged in it. I hap- tricity, so people are used to it. After Puerto Rico, that has worked every- pen to be inspired by the idea that about a week or 2 weeks, the elec- where in the country when disasters maybe the United States has some tricity comes on, but of course a lot of strike, and transfer some of that things we could share in a positive way things are ruined in your house. But I money there and just give it to our cit- and help countries to achieve what we still have places with no electricity. ies, our sheriffs, our law enforcement, have achieved, which is remarkable in How do you get businesses to come and the three hospitals that stood up. the history of the world. But I have to back if they don’t have electricity? I Not the 21 other hospitals that are tell you, the first nation we need to be

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00118 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22472 CONGRESSIONAL RECORD—SENATE October 6, 2005 building is our own. We have had the tions bill, which is doing more than again. Why? Because after he won the largest natural disaster in the history supporting our troops, which is build- first war, the British tried to come and of the country, Katrina, followed by ing up Iraq, actually, with a gulf coast take New Orleans because if they could Rita, which was a vicious and very region. I want to repeat, gulf region di- take New Orleans, we could never be tough storm, and in between those vision. We don’t even have a gulf re- the country we are. Thank God Andrew things a disastrous collapsing of a gion division of the Corps of Engineers Jackson knew about it, and thank levee system that put the Nation’s en- in the United States of America today. goodness the storm didn’t topple his ergy coast underwater—or a large seg- We have a New Orleans district which statue, which is still in Jackson ment of it. It put 10 feet of water in a covers the southern part of Louisiana. Square. major American city and virtually has We don’t even have a gulf coast region. An economic powerhouse brought to shut it down and shut down the sur- That would be an advancement. But we its knees. Eight hundred manned and rounding areas. have one in Iraq. Meanwhile, the gulf thousands of unmanned platforms are I have to walk around the Senate for coast of this United States, the heart in the Gulf of Mexico. The largest plat- 31 days pretending. Are people saying of the energy industry, looks some- form, Mars, is teetering on its side. to me, What can we do to help? We thing like this with the water down. They cannot produce oil and gas. We have laid down many things that can As I said many times, while there is are trying to get it stood up again. help. Many committees have re- a lot of vacationing that goes on in the If anybody wants to know why the sponded. Yet the only thing that has gulf coast, particularly along the coast price is going up, it is because this monster hurricane hit the heart of the happened for 31 days is that we have of Mississippi, we have enjoyed that oil and gas industry. Despite our best given FEMA money, and they can’t beautiful coastline for years, and we efforts to protect these infrastructures, seem to get it out. So we need to try have enjoyed the beautiful sandy despite begging for decades—decade something a little different. We need to beaches in Alabama. Most of the people after decade after decade—to restore try something a little different. in the coast of Louisiana and many in our marsh, to protect the investment I wish FEMA was the way it used to Mississippi and Alabama work at the this country has made, for 200 years we be, and maybe it will be again. But it ports. They work at shipbuilding. They have been turned down time and time is not today, and it won’t be next week, are shipbuilders or they are commer- again. So now it is time to pay the and it won’t be next month. We can’t cial fishermen who put food on the piper. And I am sorry if it is going to keep waiting for FEMA to organize table that everybody in America eats, and around the world. They light up cost $40 billion. I am sorry that is what itself. We are the Congress of the Chicago, and they are proud of it. it is going to cost over the next 10 to 20 United States. We are Senators. We un- Do you know what the National Geo- years to stand this powerhouse up derstand these things. We have been graphic said about it? I think this is a again. If anybody wants to check the through them before. And to just keep very reputable publication, and it is figures, just come to the Hart Building doing the same old thing and expecting written, I am very proud to say, with on the 7th floor, and I will go over different results is crazy. It doesn’t the help of the Times-Picayune, our every single dollar with you. make any sense. It is not right. newspaper which has been in the city I Do you know what the biggest ports Let us figure out a way to take $1 bil- think as long as the city has been are in America? It is not New York, it lion out of FEMA, transfer it either there, evacuated itself. They are writ- is not Seattle, and it is not Houston. It through this bill or through another ing the paper in Baton Rouge and is the Port of South Louisiana, the vehicle, and send the money to our par- printing it in Houma. We don’t even Port of New Orleans and the Port of ishes, to our cities, to our police, to have a newspaper in the city of New Baton Rouge. We dwarf the other ports. our fire for 3 months of operation, Orleans, not the major newspaper. We We dwarf them. Our port comes up here which is already authorized in the law. have several other good publications, and asks for some money, and they get But the reason it can’t be done admin- and they are all struggling to stay in told they are a charity case. They have istratively is because there is a legisla- business. But with nobody in the city, been taking grain out of Kansas for 200 tive cap of $5 million. The budget for where would you deliver your paper years. We have been draining the whole the city of New Orleans alone, salaries and to whom would you sell the adver- continental United States for 200 years. only, is $20 million a month. Why tising? There are no businesses in the We have been shipping everything— would anybody think that a program city that are operating very well. But goods—all over the world for 200 years. that only allows you to borrow $5 mil- our newspaper, thank goodness, is still And I have to hear that when our port lion would help them? We have to find working. They collaborated with the comes here for help, maybe not even a $1 billion, approximately, to keep these National Geographic and the Dallas grant, just a loan to get them through entities up and running, or by the time Morning News and put together this the next 3 or 4 months until they can we get back in 10 days they might have amazing report on Hurricane Katrina, get back up on their feet, that there is already had to lay off police, fire, and ‘‘Why It Became a Manmade Disaster something un-American about them, critical personnel. How do you start and Where It Could Happen Next.’’ I they need to be more self-reliant. building up again once you have closed highly recommend it for reading here Over 9,000 miles of pipeline connect down your city hall, shut down your and around the country. the gulf with the Eastern United fire department, shut down your police On page 49, it talks about an eco- States. We have laid pipelines. No one department, and people have had to go nomic powerhouse brought to its in America wants them, but we have out and search for jobs elsewhere? How knees. We are not a charity case in been laying them down for a long time. do you recruit them to come back? Louisiana. We are an economic power- Why? Because we have oil and gas. We How do you get them back after you house, and we have been so for over 350 believe in energy, energy independence. have broken their spirits and laid them years. I reminded my colleagues today, We don’t think we should get every- off is beyond me. thank God for President’s like Thomas thing from Saudi Arabia. We would Let me correct myself. No matter Jefferson who understood borrowing like America to be more independent, what Congress does, having represented money and what you borrow it for. He so we produce some oil and gas, and we this State for a long time, I want to borrowed money from the Treasury and make no apologies for it. But when you say that you are not going to break our bought the Louisiana Purchase for 3 lay these pipelines and do not invest in spirit. It has been around a long time. cents an acre because he knew that the marsh in which you lay them down We are a pretty old place. We were here this country could not grow and meet and you let it erode and the saltwater before the country and are worth sav- its destiny, that western expansion and comes in and you levee your rivers for ing. We will figure it out. getting to the West was impossible channelization and you don’t invest in But people in Louisiana are having a without the Mississippi River. the technology and science that we hard time figuring out how we can Andrew Jackson went down there know would protect our marsh, catas- spend weeks on the Defense appropria- after he fought one war and defended it trophes happen.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00119 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22473 Unfortunately, as in every case, the am the coast of Texas, although of Well, I can understand, you all can poor have suffered the worst. But they course I have been there. I really grew understand why the people of my State are not the only ones who have suf- up on the coast of Mississippi, as well would want me to stand here and try to fered. Middle-class families, very suc- as on the coast of Louisiana, so I am make this case. So we will be standing cessful, money in the bank, house paid more familiar with it. But I can tell here, I will be standing here until 4:30 for, children through college, looking you that these cities that look a lot in the morning until we get a resolu- forward to the next 10 or 15 years, 20 like this throughout the gulf coast are tion on what we are asking for. I am years maybe, and they deserve it; they going to have a hard time meeting pay- asking for $1 billion of real money any- have worked hard all of their lives, roll. way, outside of FEMA or take the $1 they have paid their taxes, they have Some cities have money in the bank, billion from FEMA. Let us keep our kept up with their interests, they go to but the needs are so great and so over- lifeline going until we get back, and church every week, and this is what whelming and FEMA has not been, as I when we get back have a vote on Grass- they look like today. They are told to said, very efficient. If we can’t get ley-Baucus, which this Senate has put be more self-reliant? I do not know how them just a bridge loan, if you will, for together in a bipartisan way, with much more self-reliant people can be. 3 months a lot of our cities won’t oper- three amendments for emergency fund- I will continue to explain why our re- ate. ing for our schools and our univer- Now, I understand—and this is a Mis- gion is an economic powerhouse, why it sities, for health care, and housing. sissippi coast. You can tell because needs to be so again, why we need to I reserve the remainder of my time. they have white beaches. We don’t have rebuild it, and why, unfortunately, it is I suggest the absence of a quorum. beaches. Our coastline is marshy. I am going be more expensive than it should The PRESIDING OFFICER. The pretty sure this is Mississippi. In Mis- have been because of the things we clerk will call the roll. sissippi, I understand their legislature should have been doing for the last 40 The legislative clerk proceeded to has borrowed $500 million so their cit- years and haven’t, the investments the call the roll. ies could get some money, and that Mr. SANTORUM. I ask unanimous Federal Government should have made might be a solution for them. The prob- consent that the order for the quorum and didn’t, even when they knew that lem with Louisiana is that our Con- call be rescinded. this was inevitable. Yet there are some stitution prevents us from borrowing The PRESIDING OFFICER Without things that we didn’t do at our State money for operating expenses. And objection, it is so ordered. level. And yes, there are some things that is, in my view as a former State we didn’t do at our city level. treasurer and current Appropriations VOTE CORRECTION But again, this river does not serve Committee member, not a bad rule, if Mr. SANTORUM. Mr. President, on only the 4.5 million people who live in you will. You don’t want to borrow rollcall vote 252, I voted ‘‘yea.’’ The of- Louisiana, it serves the 300 million peo- money for operating expenses. If you ficial record has me ‘‘absent.’’ There- ple who live in this Nation and the bil- are going to borrow money and have fore, I ask unanimous consent that the lions of people who live in this world people have to pay it back, you want to official record be corrected to accu- and depend on trade for prosperity and invest it in that which will return to rately reflect my vote. This will in no for commerce and for peace, because you something in the future. So you way change the outcome of the vote. the more we trade with each other, the borrow money to build ports, to build The PRESIDING OFFICER. Without more we know each other, the more we highways, for capital improvements. objection, it is so ordered. can rely on each other in a mutually So our State cannot borrow money at Mr. SANTORUM. I thank the Chair. respectful way, the greatest chance we the legislative level to give out to our Mr. LEAHY. Mr. President, I suggest have for peace. cities for operating expenses or to our the absence of a quorum. These levees do not just protect the firefighters and police. The FEMA law The PRESIDING OFFICER. The people who live in the neighborhoods today only allows the payment of over- clerk will call the roll. around them. They protect billions and time. So while we can get overtime The legislative clerk proceeded to billions of dollars in investment made paid, we can’t get straight time paid. call the roll. by this country over a long period of We can’t get regular time paid. Even if Mr. BYRD. Mr. President, I ask unan- time. And a levee system failed. We we would, they can’t lend them more imous consent that the order for the have struggled to keep the levees up. than $5 million. And as I said, the oper- quorum call be rescinded. We have spent a lot of money keeping ating budget in the city of New Orleans The PRESIDING OFFICER. Without them up. But we needed more help is $20 million a month, so $5 million objection, it is so ordered. from the Federal Government. We will not do us very much good. If I Mr. BYRD. Mr. President, I under- could have been more efficient on our thought we could organize a constitu- stand that the distinguished Senator end as well. We could have taxed our tional amendment in 30 days and have from Louisiana, Ms. LANDRIEU, wishes people more. But it gets hard on all of a vote, I might suggest that. But the to continue her speech. I ask unani- those fronts. People want tax relief. polling places have been washed away, mous consent that I may speak briefly They don’t really want to face the ex- and I am not sure how we would find for not to exceed 10 minutes and that pense of what we have to do. We are all of our people to vote since there are she then be recognized to continue her not always disciplined about the way people in all 50 States, and we have no speech. we build. mechanism right now to do that, to my The PRESIDING OFFICER. Is there But again, it is not impossible if we knowledge. objection? make some decisions now to get some So we cannot borrow money at the Mr. STEVENS. I would object to emergency money to our cities, to our State level to help them. The cities that. The Senator from Louisiana has sheriffs, to our law enforcement offi- can’t go to the capital market. We are not asked for time. The Senator does cers, and to our very basic health care restricted by the Constitution. FEMA not have to ask for time. He is entitled in the region. This is not just New Or- has $63 billion, with $43 billion sitting to an hour right now at his own re- leans, this is all through south Lou- there, and Senator VITTER and I and quest. So we do not have to have any isiana and Mississippi and Alabama. our delegation have asked for $1 billion consent. But I do not object to the Sen- This would cover all of them. Under to keep the lifeline until we get back ator speaking as long as he wishes. But current law, that is no help to them from our vacation, and we are told we I do object that only the Senator from right now—or very little help. We can can’t afford it, but we are going to stay Louisiana can be recognized when he is cover some places in Texas if they need here and pass a bill to stand up the finished. And Senator HATCH, by the help. I don’t know if they need as much country of Iraq by building schools, way, is here. He had a very sad thing help as we do in Louisiana or as we do health care facilities, electric grid, occur in his office, and he wants to along the gulf coast in Mississippi sewer and water, water treatment speak when the Senator is finished. which I am more familiar with than I plants. Mr. HATCH. If I could.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00120 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22474 CONGRESSIONAL RECORD—SENATE October 6, 2005 The PRESIDING OFFICER. Objec- make the law of the land concerning No specifics, no plans, no way to tion is heard. defense policy? measure success. Mr. BYRD. I thank the distinguished Many believe that the Senate could Maybe the President did not offer Senator from Alaska, and I thank the debate, amend, and approve the De- specifics because the specifics are not distinguished Senator from Utah. fense authorization bill within a week, very encouraging. Mr. President, last night, in a closely plus or minus a few days, if it were Consider the Iraqi troops. For a new divided vote, the Senate rejected an at- brought before the Senate for open de- American soldier, basic training takes tempt to add much of the Defense au- bate and amendment. Passing the au- 9 weeks to complete—9 weeks. The thorization bill to the Defense appro- thorization bill in that way would United States has, for more than 21⁄2 priations bill. Each of these bills is vi- serve our troops far better than keep- years, been training a new Iraqi mili- tally important to the men and women ing that legislation on the shelf, where tary. Basic training for all Iraqis, and of the U.S. Armed Forces but for dif- it has been for several months now. specialized training after that—21⁄2 ferent reasons. Inasmuch as I am a The Senate will pass the Defense ap- years. member of both the Senate Appropria- propriations bill later today. Surely— In June, the Senate was told by the tions Committee and the Senate Armed surely—Senators can spare the time re- Department of Defense that 3 of 100 Services Committee, the importance of quired to finish action on the Defense Iraqi battalions were fully trained, each of these bills is very clear to me. authorization bill. Our troops are over- equipped, and capable of operating The Defense appropriations bill con- seas. They are serving in harm’s way independently—what the Defense De- tains the funds that are needed to keep and need both of these bills to be department calls ‘‘level one trained.’’ our military running. This bill con- bated, passed, and signed into law. Two and a half years: three battal- The Senate has spent all too much tains $440 billion that is required to, ions—three battalions. time conjuring up complex parliamen- among other things, pay, train, and Between June and the end of Sep- tary procedures instead of facing the equip our troops for the next 12 tember, one would assume that we real issues confronting our military would be growing that number. Yes, months. It is often said that our troops servicemembers. The Senate should are the best trained, the best equipped, one would assume that we would be call up the Defense authorization bill growing that number. We are training and the most capable military force in and let the sun shine on our delibera- the world. In large part, this is true be- more Iraqi forces, so more Iraqis tions and debate. should be ready to stand up and defend cause Congress has appropriated the We are the servants of the people. We themselves. moneys that are needed to create this are the servants of the people, not Yet, in testimony before the Senate outstanding fighting force. That, in a their masters. We owe the people a Armed Services Committee on Sep- nutshell, is the importance of the De- public accounting of decisions on such tember 29—just a few days ago—GEN fense appropriations bill. important matters, instead of a fast John Abizaid, the Commander of the The Defense authorization bill also shuffle that avoids difficult issues and U.S. Central Command, poured cold has an important purpose. That bill is difficult votes. water—cold water—on hopes for intended to establish in law critical de- IRAQ progress. Between June and September, fense policies. The Defense authoriza- Mr. President, on another matter, the number of ‘‘level one trained’’ bat- tion bill contains provisions that re- next week, the people of Iraq will go to talions went from three to one. How late, among other things, to the set- the polls and cast a critical ballot. about that? Instead of moving forward, ting forth of the number of military They will decide whether to endorse we are going backward. personnel that the United States is to the constitution as drafted by their po- Perhaps the reason that the Presi- maintain; expanding health care op- litical leaders. It is an important day, dent did not tell the American people tions for our troops and their families; and I pray that it goes well. how to gauge success is because he does and increasing pay and compensation No matter how well the vote goes, not have success to report. I must for active-duty, National Guard, and whether or not the constitution is rati- admit, I listen to every address—every fied, it appears that the men and retired servicemembers. The bill also address—about Iraq with great skep- women of our Nation’s Armed Forces includes many complex technical pro- ticism. And it is because of the track visions, such as changes to military ac- will be in Iraq for a long time to come. I applaud those men and women. Our record of this administration. Don’t quisitions policy. The authorization just take my word for it. The record is bill is important to our troops, but it is soldiers, our sailors, our airmen, our marines, our National Guard, our Re- replete with examples that cause one a very different bill from the Defense to look askance at the White House appropriations bill. serves—our troops—have displayed unique courage in the face of great claims. Last night, I opposed the effort to One example is from this past May. fuse these two bills into one. That trials. My support for them has never— Vice President CHENEY was asked move, had it been approved, would have and will never—waiver. They have earned the respect and thanks of this about progress against the insurgency resulted in a delay in our troops get- by CNN. He responded: ting the appropriations that they re- Nation. But even more than laudatory words, I think they’re in the last throes, if you quire. It also would have resulted in will, of the insurgency. less attention to the policy matters in our troops deserve a plan for Iraq from their Commander in Chief. The Amer- The Vice President was confident. the authorization bill that affect our The Vice President was unwavering. troops in so many ways. ican people deserve the same. We must have a plan with measurable goals and The Vice President was wrong. The Senate owes our troops and their Again, in testimony before the Sen- families a conscientious, well-informed objectives, a plan that gives some sur- ety to our military as well as to the ate Armed Services Committee last debate on such important authoriza- people of this Nation. Thursday, GEN George Casey, the tion matters as improving health care Today, in a speech to the National Commanding General of the Multi- benefits for the National Guard, among Endowment for Democracy, the Presi- national Force in Iraq, explained that other things. The American people dent talked a great deal of why we the ‘‘last throes’’ was a rosy scenario. need to know what their elected rep- have forces in Iraq, but the President The average counterinsurgency in the 20th resentatives in Washington are doing did little to provide any plan for suc- century has lasted nine years. Fighting when it comes to defense policy. The cess. insurgencies is a long-term proposition, and American people have given their sons The American people want to know there’s no reason that we should believe the and daughters to fight for their coun- how we will measure progress. In re- insurgency in Iraq will take any less time to try. Can’t the Senate give a few days to sponse, the President said: deal with. them? Can’t the Senate give them a We never back down, never give in and Now, those are the words not of ROB- few days of debate to inform them never accept anything less than complete ERT C. BYRD, but they are the words of about what the Congress proposes to victory. General Casey.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00121 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22475 Whom should the American people anced budget amendment. He rose Pressed about his office supply of believe? What should the American through the ranks, ending his Senate nonlegal books, Shawn admitted that people believe? It is time for the decep- tenure as the majority’s chief intellec- it was growing because his wife Becky tions and the distortions and the mis- tual property counsel and deputy chief had imposed a moratorium on bringing representations to end. The American counsel to the committee, one of the any more books to their home, so the people deserve the truth. top jobs in the Senate. overflow ended up in the office. When Instead of broad platitudes, the Although we were sad to see him Shawn found out that a colleague lived American people deserve the facts. leave the Senate, I was so proud of him near the used book store in Bethesda Most importantly, the American people when he joined Time Warner as vice where he often located some treasures, deserve a plan. When will the Iraqi peo- president of intellectual property and he enlisted her to pick us some vol- ple be able to defend themselves? When global public policy. umes from time to time, thus saving will the Iraqi military be able to fight In the Senate, the major bills Shawn him the trip and the explanation of a the insurgency without the American helped write are among the most im- voyage to Bethesda. That was probably forces? When will the Iraqi police portant laws in the intellectual prop- Shawn’s closest thing to a vice: sneak- forces be able to control the streets? erty world: the Satellite Home Viewer ing a volume of poetry into his collec- What is the timetable for reconstruc- Improvement Act; the Digital Millen- tion. tion? What is the target for constant nium Copyright Act, the American In- Shawn was the only heavy metal en- electrical power in the major cities? ventors Protection Act, the Patent Fee thusiast I know who also loved to read For communications? For safe trans- Integrity and Innovation Protection Shakespeare and could discuss both portation? What is our strategy for Act, the Anti-Counterfeiting Consumer topics with equal enthusiasm and preparing the Iraqi people to be able to Protection Act, and the Trademark Di- knowledge. Indeed, it was this respect defend themselves? lution Act, just to name a few. for the importance of creativity in We seem to have no strategy—no Shawn was so bright and so accom- helping shape culture that may have strategy—with benchmarks for success, plished a lawyer, that we did not hesi- attracted Shawn to IP—intellectual no plan for progress. How will we know tate to assign him any subject. And it property—law and policy. He helped me victory if we cannot even define it? was such a joy to work with him, be- with so many important IP issues, What is the plan for our heroes in Iraq? cause all knew he was a model of de- many of which I listed before, it is hard What is the plan to stabilize that na- cency, humility, and spirituality. As to single out Shawn’s most important tion? The American people and the the Elders’ Quorum President of his work. Iraqi people deserve to know the an- church congregation, and man of re- One event does stand out in my mind. swers. markably strong faith, Shawn lived a In 2000, as chairman of the Judiciary The people of the United States must know life of service to his fellow man and Committee, I scheduled a hearing on not only how their country became involved, woman. In whatever he did, Shawn peer-to-peer copyright infringement. but where we are heading. handled the matter with both talent Shawn arranged to have witnesses from That is the end of the quotation. I and a remarkable good humor. Metallica, Lars Ulrich, the Recording agree with those words. But they are In all the years that Shawn worked Industry Association of America, and not mine. Those words belong to a Con- for me, I cannot recall one time when several Internet company executives gressman from the State of Illinois in he was not warm and engaging. Even testify on the same panel. To dem- August 1965. Those words belong to our when he was a little frustrated, as all onstrate how P–2–P services worked, current Secretary of Defense, Donald of us are sometimes, Shawn still had a Shawn suggested I download from the Rumsfeld. And they echo as true today smile on his face. In fact, Shawn had a Internet the rock band Creed’s then-hit as they did in that summer 40 years calmness about him that was almost ‘‘With Arms Wide Open.’’ ago. serene. Yet, he had a very sharp sense Just then, the bells rang for a vote I urge the Bush administration to of humor that made him a delight to be and committee members started to level with the American people. More- around. leave. I’ll never forget looking back as over, I urge the White House to level Shawn was among the brightest and I left Hart 216 and seeing the almost with itself. Face the facts. Stop the most informed. Yet, he was never arro- surreal scene of Senators mixing with spinning. Get a grip on the situation. gant, a rare quality in one so talented, media and staff, talking to Internet pi- Then please, please, oh, please, explain especially on Capitol Hill! rates and heavy metal band rock stars to us all where we are heading in Iraq. Shawn was more than the chief intel- with rock music playing in the back- Mr. President, I thank all Senators lectual property counsel to the Judici- ground. It was a scene that only Shawn and I yield the floor. ary Committee, he was our in-house could have pulled off. The PRESIDING OFFICER. The Sen- professor of arts and humanities. Vis- Shawn did all this—he succeeded at ator from Utah. iting Shawn’s office was not like vis- all he undertook—without boasting or TRIBUTE TO SHAWN M. BENTLEY iting a typical counsel’s office on the calling attention to himself. He knew Mr. HATCH. Mr. President, I rise Hill. Visiting Shawn was more like vis- there were more important things in with a heavy heart to announce the un- iting your favorite classics professor at life than a battle of wills and, as a re- timely passing of one of the Senate’s his desk with his exquisite fountain sult, he won the respect and trust of own, our long-time staffer and former pen in hand. people on both sides of the aisle. colleague, Shawn Bentley. To be fair, Shawn’s lair in the Hart There is not one person on the Hill or What can you say about a 41-year-old Building had the requisite congres- in business who would call Shawn an man who died: That he was brilliant sional directories, codes and public adversary or enemy. Those who worked and talented; that he was a loving fam- laws. But he also had a vast book col- with Shawn learned a lot more from ily man, a wonderful father to Katie lection of classics, poetry, Shakespeare him than the other way around. and Samantha, and a devoted husband anthologies, first edition novels, and Two other fond memories of Shawn to his wife, Becky; That he loved British history books. And did I men- from early in his career come to mind. James Joyce and William Shakespeare tion the miniature busts of philoso- When the Senate was debating the con- and Elton John; and the law; and the phers and great thinkers? stitutional amendment for a balanced Senate; and life. Then, there was the collection of CDs budget, the BBA, I asked Shawn to de- Shawn worked for the Judiciary ranging from Creed and Metallica to velop some materials supporting the Committee for a decade, from 1993 to Beethoven to Brahms to Mozart and need for the amendment. 2003. Starting as my counsel, in the mi- Bach. While his book collection in the With customary good staffing, Shawn nority, Shawn worked on a variety of office was impressive, we knew there put together a very impressive set of legal issues, from healthcare antitrust, had to be a much more extensive col- volumes which he drove out to my to radiation compensation, to the bal- lection at home. home the weekend before the debate. I

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00122 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22476 CONGRESSIONAL RECORD—SENATE October 6, 2005 was astounded by the depth, and to be is a loss to the Senate family, to his league, but especially just his innate truthful, the volume of the materials. family, and indeed the Nation. decency as a human being. ‘‘Shawn,’’ I said, ‘‘I’m just over- As we head into this season of Au- I know that he was a loving and de- whelmed by the amount of material tumn, as the leaves change colors and voted husband, father, and son. Leav- you developed. You didn’t need to do the temperature turns, some verses ing behind a young family makes it all that.’’ Shawn thought a moment, from Ecclesiastes 3 seem so appro- even more tragic. I hope his family, his paused, and said, ‘‘With all due respect, priate: young daughters who did not begin to Senator, could you have told me that There is a time for everything, get enough time to know their father, yesterday?’’ That was the wit of Shawn And a season for every activity under heav- will know that those of us in the Sen- Bentley. Quickly recovering, I replied, en: ate mourn his loss. It is a tragic one. ‘‘Shawn, I don’t need all those mate- A time to be born and a time to die, My wife Marcelle and I will keep him rials if I have you sitting by my side. A time to plant and a time to uproot, and his loved ones in our prayers. A time to tear down and a time to build, I thank the distinguished senior Sen- That’s good enough.’’ A time to weep and a time to laugh, And I meant it. I could always count A time to mourn and a time to dance, ator from Utah for arranging the time on Shawn to be well-prepared, succinct, A time to embrace and a time to refrain, for us to speak. and oh-so-witty. But Shawn was A time to search and a time to give up, I yield the floor. Shawn. So, then we got to the floor A time to tear and a time to mend, Mr. HATCH. Mr. President, I am with the BBA. A time to be silent and a time to speak, and grateful to my distinguished colleague As chairman of the Judiciary Com- A time to love and a time to hate. from Vermont for the kindness that he mittee, I was managing this constitu- Let us take comfort in those words, has shown here today and the friend- tional amendment’s debate on the floor knowing that it was God’s will that ship that he has shown to me and to with Shawn right there beside me. One this be Shawn Bentley’s time. But we the family of Shawn Bentley. I am very of the most contentious issues was over can still rejoice in his life, and embrace grateful to him. how the amendment would affect the all that was good about Shawn Bent- The PRESIDING OFFICER. The Sen- Social Security fund. ley, the son, husband, father and friend ator from Vermont. Senator Fritz Hollings, then the jun- we all loved so dearly. And may his Mr. LEAHY. Mr. President, I ask ior Senator from South Carolina, for family find comfort in the lasting unanimous consent that whatever time some 40 years I might add, was recog- memory of this great man, Shawn Mar- remains to me in the hour allowed nized by the Chair to speak in opposi- ion Bentley, who indeed lived his life under cloture be transferred to the tion. Knowing his remarks were long, I by the words of ‘‘With Arms Wide time of the distinguished Democratic took that opportunity to go to the Open’’: leader. cloakroom and make a phone call. I ‘‘If I had just one wish The PRESIDING OFFICER. Without asked Shawn and another capable staff- Only one demand objection, it is so ordered. er, Larry Block, to please take notes I hope he understands f and write down five points to respond That he can take his life to Senator Hollings. And hold it by the hand RECESS The trouble was that with his deep And he can greet the world Mr. STEVENS. Mr. President, there With arms wide open . . .’’ South Carolinian accent, neither are no speakers present. I ask unani- Shawn nor Larry had absolutely any Shawn Bentley’s untimely passing is mous consent that the Senate stand in idea what Senator Hollings said. After this Nation’s loss. recess until 7 p.m., with the time con- about five minutes, my two staffers On behalf of the Senate, let me say tinuing to run against cloture. were getting pretty nervous on the that our hearts go out to the Bentley There being no objection, the Senate, floor anticipating my return. Sud- family—to his loving wife Becky, their at 6:16 p.m., recessed until 7 p.m. and denly, Shawn gave a big smile. ‘‘I’ve beautiful daughters Katie and reassembled when called to order by got it,’’ he said. ‘‘All we need to do is Samantha, his parents DeAnna and the Presiding Officer (Mr. DEMINT). write down five points supporting the Marion, and his five brothers Jared, f BBA and why its enactment would not Derek, Justin, Christopher and Gavin. DEPARTMENT OF DEFENSE AP- have a negative impact on Social Secu- Mr. LEAHY. Mr. President, the Sen- PROPRIATIONS ACT, 2006—Contin- rity.’’ ator from Utah and I are here to talk ued I soon returned and read the talking about something where somebody’s points, adding several points of my schedule has been terribly changed, the The PRESIDING OFFICER. The Sen- own. All went well. Only later did I re- schedule of his whole family. I am ator from Alaska. alize what Shawn had intuitively talking about Shawn Bentley and how Mr. STEVENS. I suggest the absence grasped. If we could not understand all of us who knew him are offering our of a quorum. Senator Hollings, no one else could ei- deepest sympathy for him. The PRESIDING OFFICER. The ther! Certain people on the Senate Judici- clerk will call the roll. The moral of this story: As President ary Committee are like family, and The legislative clerk proceeded to Andrew Jackson opined many years Shawn had most Senators and staff call the roll. ago, ‘‘Take time to deliberate, but among his many friends. He was ex- Mr. SCHUMER. Mr. President, I ask when the time for action arrives, stop tremely well liked on both sides of the unanimous consent that the order for thinking and go in.’’ aisle, both for who he was and for what the quorum call be dispensed with. Shawn was probably one of the most he did. The PRESIDING OFFICER. Without deliberate lawyers ever to have worked In his decade as a senior intellectual objection, it is so ordered. on the Judiciary Committee. On Cap- property counsel to my friend from (The remarks of Mr. SCHUMER are itol Hill, where the emphasis too often Utah, Senator HATCH, he touched every printed in today’s RECORD under seems to be on getting there first, significant piece of legislation that we ‘‘Morning Business.’’) Shawn’s primary concern was always undertook: The Satellite Home Viewer Mr. SCHUMER. Mr. President, I sug- getting it right first. I could count on Act, the Digital Millennium Copyright gest the absence of a quorum. him to have the right answer to my Act, the Federal Trademark Dilution The PRESIDING OFFICER. The questions, and if he did not know the Act. Those were the significant ones. clerk will call the roll. answer, he wouldn’t guess—he would do There are a lot of others, important The legislative clerk proceeded to the work and get it right and then ones, that he was intimately involved call the roll. make his recommendation to me. with. But he touched us not only with Mr. VITTER. Mr. President, I ask I cannot say enough good things his skill as a lawyer, his devotion as a unanimous consent the order for the about Shawn Bentley. Indeed, his loss public servant, his generosity as a col- quorum call be rescinded.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00123 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22477 The PRESIDING OFFICER. Without I have also had significant discus- Ms. LANDRIEU. If the Senator will objection, it is so ordered. sions with the leadership of the House, yield for a question and comment, let Mr. VITTER. Mr. President, I ask the and certainly House Members of the me thank my colleague from Louisiana Senate focus on a matter of real ur- Louisiana delegation have done the for his extraordinary leadership on this gency and real importance for the peo- same. We have thought through, issue. He has been in meetings all ple I represent in Louisiana and, in- worked through, talked through all of week, literally for weeks, as I have, deed, for all of the victims of Hurricane these issues. and on the phone with everybody you Katrina along the gulf coast. We are The product of all of that work is a can talk to. Of course, the time he dealing with so many new and enor- proposed piece of legislation which I spent in the House in Louisiana has mously challenging situations because have circulated to all Members of the served him well because he knows how of the devastation of Hurricane Senate. Under that proposed piece of much our needs are. But I want to ask Katrina. One of them is the fact that in legislation, we would offer some imme- him a few questions because he and I Louisiana and in certain counties in diate help, which we need to do now, are committed to stay tonight until we Mississippi, in the truly devastated before we recess for next week, to allow get some kind of resolution. areas, we have areas that have been these local governmental units to sur- Is it the intention of the Senator, the knocked off the map economically. vive and provide the basic police, fire, junior Senator from Louisiana, that There is truly no viable economic ac- hospital, and related services they need these loans be in the same line as the tivity going on in those about six par- to continue to provide if there will be current legislation, which gives discre- ishes in Louisiana and about three any platform on which to build a full tion on the part of the administration counties in Mississippi for the time recovery. to forgive them or not? Or is it the in- being. I have circulated this proposed bill. tention of the Senator for us to leave We will come back. Businesses will It is a $750 million bill that would work current law and absolutely make it come back. Things will get back to through an established loan program in certain, when no one else has been re- normal over time, but it will take some the Department of Homeland Security. quired to do so, that these loans would time. So one of the primary challenges It is called the Community Disaster have to be repaid under all and every we have is absolutely no economic ac- Loan Program. It has gotten great sup- circumstance? tivity for now. port through the Senate. In fact, there Mr. VITTER. Under the proposed leg- What does that mean? It means abso- has been no objection on the majority islation I am talking about, there is lutely no local tax revenue for now to side. new language that would tighten up, if support local governmental entities, There is some objection on the mi- you will, the repayment possibilities of including crucial services such as fire nority side, but as yet, at least in these specific loans. It would not and police and hospitals. This is an terms of my knowledge, that objection change all of the Stafford Act, in terms enormous and growing challenge in has not been clearly identified or de- of this loan program in general. That southeast Louisiana as we speak. Lit- scribed to me or to anyone who can new language would simply apply to erally, we have crucial governmental work out the problem and work out the these specific loans. entities that are trying to provide That language is included in the pro- objection. those very basic services—not a full- posed legislation for a very simple rea- Because of this enormously pressing blown local government, not their nor- son, and that reason is that, based on need, because these units of local gov- mal budget as it was 3 months ago but literally dozens of discussions with var- ernment are literally on the brink and those basic services, fire and police and ious folks, including in the House, it is can teeter either way with their man- hospitals, in order to form the basis of very clear to me, in fact it is crystal date to provide essential services—fire recovery. Because, indeed, if you do not clear to me, this will not pass tonight have those essentials, you have noth- protection, police protection, hospital or tomorrow through the process with- ing and no one will return; jobs and access—I ask all Members of the Sen- out this language in the legislation. businesses cannot grow. ate to give me their indulgence and Having said that, I have also gotten To help southeast Louisiana through focus on this proposal, and if they have assurances from several people in the this very torturous time, I have a question or an objection, simply to administration that they are very un- worked with the entire Louisiana con- see me or other knowledgeable Mem- derstanding of the extraordinary situa- gressional delegation to try to fashion bers about it as soon as possible. I will tion these local governments are in, in some very focused relief to get funds be here all night, as long as it takes. In terms of their financial condition and through a loan program, which I will fact, I will be presiding, starting in 7 their ability to pay, and they will be describe in a minute, to these local minutes, for 2 hours. I will be happy to extremely open to working out that governmental entities so they can have conversations on the side with situation as it pertains to these liens meet their core ongoing needs, their any Member who wants to pose ques- over the period of the loans. crucial emergency services, crucial tions or set forth any objections they Personally—and I am only speaking necessary services such as fire and po- may have to the proposal. But I ask for myself—I feel very comfortable lice and hospitals over the next few the focus and the indulgence of all with those assurances. Personally—and months until we can stabilize. Members of the Senate to do just that, again, I am only speaking for myself— I have been working for over a week so we can come together in a bipar- I am completely confident that with- on this, getting into the details, if you tisan way and actually get something out the language you are alluding to, will, with the Senate leadership. Let important and concrete done for the this legislation will not pass the House me compliment the Senate leadership true victims of Hurricane Katrina and either tonight or tomorrow. So that is and the majority leader in particular begin to move on. the sole reason, that focused language for being so focused on this issue, and Again, this is a very time-sensitive which applies only to these loans and working so hard on it, devoting signifi- matter so I urge Members who have does not change the Stafford Act on cant staff to it. questions or objections to do this to- this issue otherwise, in terms of other I have also worked very hard on this night so we can solve these problems, situations—that is the only reason that issue with the White House and the ad- pass the bill through the Senate, and language was included. ministration, including the Office of make sure we pass this enormously Ms. LANDRIEU. I can appreciate Management and Budget. We have vital and crucial legislation before the that. If you don’t mind me pursuing worked through the numbers and Congress leaves Washington, DC for the that line of questioning. I can most worked through various calculations of October recess. certainly appreciate what the junior what that specific need for local gov- Mr. President, I yield the floor. Senator is saying about the reluctance ernment and essential services may be. Ms. LANDRIEU. Will the Senator of the House of Representatives and I thank them and compliment them for yield for a question? the administration at this point be- that work. Mr. VITTER. I am happy to. cause I have yet to receive any letter

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00124 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22478 CONGRESSIONAL RECORD—SENATE October 6, 2005 or assurance, but it is right now the asking to be allowed to have access to I ask the junior Senator, are you con- House of Representatives that basi- because of the enormous need for this fident in the language—and I do not cally would be willing to make loans to on the ground in the six devastated have it in front of me, but I can call it the devastated cities in the gulf coast, parishes in southeast Louisiana. up, not that it is filed—that the sher- but would insist that those loans be My final point is, it is very clear to iffs of Louisiana would be included in paid back, when not insisting on that me we either do this or we do nothing. this proposed compromise? Is the Sen- for other loans that have been given to One thing I am not in favor of is doing ator from Louisiana indicating that Puerto Rico, and to Florida, and to nothing. One thing I am not in favor of the sheriffs of our State are absolutely, Alaska, and to other places, which is giving speeches but going home with positively included? were waived. absolutely no concrete help for these Mr. VITTER. Yes, I am completely I understand the House of Represent- desperate units of local government confident of that. atives, while allowing others to borrow which have done heroes’ work in terms Ms. LANDRIEU. OK. this money and then ask for forgive- of providing police and fire protection, Mr. VITTER. If the Senator will ness, would not allow Louisiana that health services, and hospital access. yield? same privilege. I understand the posi- They need the help now. They cannot Ms. LANDRIEU. Go right ahead. tion of the Senator is that we be treat- wait until 10 days or 2 weeks from now. Mr. VITTER. A couple points: I think ed the same, as a first-class State, not So given this is our situation, I be- this is a very useful exchange because a second-class State. I know that is lieve this compromise is not only fair I take it from the Senator’s comments your position. But it does concern the and just but absolutely essential that that the senior Senator is, in fact, one senior Senator that we would have to we strike today and tomorrow. of the folks who has expressed an ob- be dictated to by the House of Rep- Ms. LANDRIEU. If the Senator will jection to this moving forward tonight. resentatives, that we would have to be yield, I can most certainly appreciate Ms. LANDRIEU. I have not yet ex- treated in some second-class fashion. that perspective. I definitely agree it is pressed an objection, but I am consid- I am also appreciating that, while extremely important to not just give ering it on the grounds—I am not yet the administration has given you an speeches but to get something that is expressing objection, but I am consid- assurance that they do not intend to real for our people. But because we ering it, respectfully, having com- treat us as second-class citizens, I have no written commitment from the plimented the junior Senator for the would feel better, before we left to- administration, and no resolution, and great work he has done, because I am night, if we had something in writing no letter, and no written commitment hesitant to accept terms of aid that are from the administration that they from the House, no assurance, no reso- applied only to us and to no one else, think Louisiana deserves the same lution, no promise to pass the legisla- and not because the junior Senator ob- treatment. For that reason, Louisiana, tion that you have presented and out- jects or other Senators, but because Mississippi, Alabama, and Texas—that lined, I am not sure even if you and I the House of Representatives, which is we would deserve the same treatment could manage—because there is not in control of the Republican leadership, as other States. very much disagreement between the has decided that the only way that That is why I am in a situation here two of us; but our colleagues have some they will amend the law is to force us where I want to commend you for the disagreements—if we could pass this alone, uniquely, to have to agree to compromise we have tried to reach legislation in the Senate that it is ac- pay it back, when no one else in Amer- today. It is, indeed, tempting. But we tually really going to do anything for ica, in the past or the future, will be are going to have to go home, if we do people at home other than say the Sen- required to do so. That is a hard thing not get something from this adminis- ate has come together. for the senior Senator to agree to, but tration, and say we have agreed to a It would not be the first time the I am considering it, if maybe that is second-class status, and our people Senate has come together, as the Sen- our only option. have been hurt and offended and left by ator knows, because this Senate is But you can understand why I might a FEMA that is not operating very ready to pass emergency health care be a little bit exercised about the well. That is my concern. legislation, and this Senate is ready to House of Representatives saying to I know you and I agree about that, pass emergency education legislation, people who are desperate—like on the but do you want to go ahead and an- and this Senate is ready to pass—and front page of the National Geo- swer? already has passed—help for small graphic—we know you are suffering, we Mr. VITTER. I will offer two further businesses. So it is not the Senate, as know you need help, there is no ques- points of explanation. First, I have the junior Senator—— tion you have no money to pay your been working to address these issues Mr. VITTER. Senator, I—— bills, there is no question that we have specifically with Members of this body, Ms. LANDRIEU. Just 1 minute. Let lent other people money and forgiven including Senator JEFFORDS of me finish. their loans, there is no question that Vermont, who had this specific concern The Senate is not necessarily the this is the worst natural disaster in the about any permanent and global problem. We have been amazingly bi- history of the country—but the only change to the Stafford Act. We have partisan. Our committee chairs and way we will compromise with you, Sen- worked through that issue very con- ranking members, as the Senator ator LANDRIEU and Senator VITTER and structively. I thank him for bringing knows, have done yeoman’s work. And Senator FRIST and Senator REID, is if that concern to me so we could work it in the Small Business Committee that your desperate people promise to pay out. I am asking all Members who have you and I serve on, we have already the loan back. And, by the way, we are a concern to do just that, to identify passed that legislation. But the senior only making the law for you. themselves, to bring their concern to Senator remains concerned that we Mr. VITTER. If I could ask—— me. still do not have any written assurance Ms. LANDRIEU. Hold on. I will not Second, I am very comfortable with or a resolution or something we could yield at this moment. If someone—— all the assurances I have received from take home to our mayors, et cetera. Mr. STEVENS. I object. the administration. Let me say one other point. I have The PRESIDING OFFICER. The Sen- If there is any different language read carefully the proposed language ator from Louisiana controls the time. that would apply to these loans, per- about lending Louisiana and Mis- Mr. VITTER. Reclaiming my time, I haps it is partly explained by the fact sissippi and Texas this money, and would wonder if the Senator objects to that the size of these loans is well be- then making us pay it back when no the fact that under this proposal we yond anything that has ever occurred one else in the country has been forced would also expand in terms of amount in this loan program before. So we are to do that. I have read that language. I and number and capability the ability truly breaking new ground in terms of have also read the language about who to get these loans? We are getting more the size and the capacity that we are is eligible. of these loans than anyone in any other

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00125 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22479 situation would have gotten before. I Mr. STEVENS. I object. tives to the United States Holocaust wonder if the Senator would object to The PRESIDING OFFICER. There is Memorial Council: Mr. LATOURETTE of that change? objection. Ohio, Mr. CANNON of Utah, and Mr. Ms. LANDRIEU. Can I answer that? The legislative clerk continued with CANTOR of Virginia. Mr. VITTER. No. the call of the roll. The message further announced that Ms. LANDRIEU. Can I answer that? Mr. STEVENS. Mr. President, I ask pursuant to 36 U.S.C. 2301, and the Mr. VITTER. Again, reclaiming my unanimous consent that the order for order of the House of January 4, 2005, time, I would simply ask directly if the the quorum call be rescinded. the Speaker appoints the following Senator could either object or not ob- The PRESIDING OFFICER (Mr. Members of the House of Representa- ject—let me know—and also help us COLEMAN). Without objection, it is so tives to the United States Holocaust identify any specific objections that ordered. Memorial Council: Mr. LANTOS of Cali- may exist on the minority side. f fornia, and Mr. WAXMAN of California. But in closing, Mr. President, I would The message also announced that just say, again, it is very clear to me, MESSAGES FROM THE PRESIDENT pursuant to 10 U.S.C. 4355(a), and the having spent a week working on this, Messages from the President of the order of the House of January 4, 2005, that we either do this today and to- United States were communicated to the Speaker appoints the following morrow or we do nothing and go home the Senate by Mr. Williams, one of his Members of the House of Representa- for 10 days and give no relief to these secretaries. tives to the Board of Visitors to the communities and these parishes which f United States Military Academy: Mr. so desperately need the help. I vote for HINCHEY of New York, and Mrs. TAU- doing something. I vote for leading. I EXECUTIVE MESSAGES REFERRED SCHER of California. vote for helping in a meaningful and As in executive session the Presiding concrete way the people of southeast Officer laid before the Senate messages At 7:51 p.m., a message from the Louisiana and urge all my colleagues from the President of the United House of Representatives, delivered by to please join me in that effort. States submitting sundry nominations Ms. Niland, one of its reading clerks, I yield back my time. which were referred to the appropriate announced that the House has passed The PRESIDING OFFICER. The Sen- committees. the following bill, in which it requests ator from Alaska is recognized. (The nominations received today are the concurrence of the Senate: Mr. STEVENS. Mr. President, there printed at the end of the Senate pro- H.R. 3894. An act to provide for waivers are discussions going on concerning the ceedings.) under certain housing assistance programs of the Department of Housing and Urban Devel- future of this bill and what time we f opment to assist victims of Hurricane may be able to vote and dispose of the MESSAGES FROM THE HOUSE Katrina and Hurricane Rita in obtaining bill. I did try to go to third reading to housing. make sure we would not have amend- At 5:48 p.m., a message from the ments coming in here at the last House of Representatives, delivered by At 8:51 p.m., a message from the minute that would require Members to Mr. Hays, one of its reading clerks, an- House of Representatives, delivered by come back into the Senate to vote at nounced that the House has passed the Ms. Niland, one of its reading clerks, this time. following bill, in which it requests the announced that the House agrees to I want to state that I do not have any concurrence of the Senate: the report of the committee of con- problem with the exchange between the H.R. 3971. An act to provide assistance to ference on the disagreeing votes of the Senators from Louisiana. They do have individuals and States affected by Hurricane two Houses on the amendment of the a very difficult proposition. I am not Katrina. Senate to the bill, H.R. 2360, making going to get into that at this time. But appropriations for the Department of I will say this: The arrangement that At 7:14 p.m., a message from the Homeland Security for the fiscal year the junior Senator has made is much House of Representatives, delivered by ending September 30, 2006, and for better than we got after the great Ms. Niland, one of its reading clerks, other purposes. earthquake in Alaska in 1964. I think announced that the House has passed The message also announced that the people ought to realize that while the the following bill, without amendment: House has passed the following enrolled numbers of people involved in this S. 1413. An act to redesignate the Crowne bill, without amendment: great disaster from Katrina and the Plaze in Kingston, Jamaica as the Colin L. S. 1786. An act to authorize the Secretary disaster of Rita—we have had massive Powell Residential Plaza. of Transportation to make emergency air- disasters such as our earthquake and The message also announced that port improvement project grants-in-aid under title 49, United States Code, for re- our great flood and the typhoons in Ha- pursuant to 22 U.S.C. 6913, and the order of the House of January 4, 2005, pairs and costs related to damage from Hur- waii. This is not something that is ricanes Katrina and Rita. new. The number of people may be the Speaker appoints the following greater, but the type of disaster is not Members of the House of Representa- At 9:17 p.m., a message from the any greater. tives to the Congressional-Executive House of Representatives, delivered by I would hope we would have a chance Commission on the People’s Republic Ms. Niland, one of its reading clerks, to finish the conversations that the of China: Mr. LEVIN of Michigan, Ms. announced that the House has passed leadership is having and we can find KAPTUR of Ohio, Mr. BROWN of Ohio, the following bills, in which it requests some way to deal with this situation and Mr. HONDA of California. the concurrence of the Senate: and let people know what time, and if, The message further announced that H.R. 3895. An act to amend title V of the we are going to be allowed to vote on pursuant to Executive Order No. 12131, Housing Act of 1949 to provide rural housing this very important bill that should go and the order of the House of January assistance to families affected by Hurricane to conference before we go home. 4, 2005, the Speaker appoints the fol- Katrina. I suggest the absence of a quorum. lowing Members of the House of Rep- H.R. 3896. An act to temporarily suspend, resentatives to the President’s Export for communities affected by Hurricane The PRESIDING OFFICER (Mr. VIT- Katrina, certain requirements under the TER). The clerk will call the roll. Council: Mr. ENGLISH of Pennsylvania, community development block grant pro- The legislative clerk proceeded to Mr. PICKERING of Mississippi, and Mr. gram. call the roll. HAYES of North Carolina. f Ms. LANDRIEU. Mr. President, I ask The message also announced that unanimous consent to dispense with pursuant to 36 U.S.C. 2301, and the EXECUTIVE AND OTHER the calling of the roll. order of the House of January 4, 2005, COMMUNICATIONS The PRESIDING OFFICER. Is there the Speaker appoints the following The following communications were objection? Members of the House of Representa- laid before the Senate, together with

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00126 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22480 CONGRESSIONAL RECORD—SENATE October 6, 2005 accompanying papers, reports, and doc- EC–4168. A communication from the Prin- Designated Facilities and Pollutants; North uments, and were referred as indicated: cipal Deputy Associate Administrator, Envi- Carolina’’ (FRL7876–5) received on October 4, EC–4159. A communication from the Chair- ronmental Protection Agency, transmitting, 2005; to the Committee on Environment and man, Nuclear Regulatory Commission, trans- pursuant to law, the report of a rule entitled Public Works. mitting, pursuant to law, the report on the ‘‘Approval and Promulgation of Implementa- EC–4177. A communication from the Prin- status of licensing and regulatory activities tion Plans for Kentucky: Inspection and cipal Deputy Associate Administrator, Envi- for July 2005; to the Committee on Environ- Maintenance Program Removal for Northern ronmental Protection Agency, transmitting, ment and Public Works. Kentucky; New Solvent Metal Cleaning pursuant to law, the report of a rule entitled EC–4160. A communication from the Acting Equipment; Commercial Motor Vehicle and ‘‘Cross-Media Electronic Reporting’’ Director, Office of Congressional Affairs, Nu- Mobile Equipment Refinishing Operations’’ (FRL7977–1) received on October 4, 2005; to clear Regulatory Commission, transmitting, (FRL7979–7A) received on October 4, 2005; to the Committee on Environment and Public pursuant to law, the report of a rule entitled the Committee on Environment and Public Works. ‘‘Incorporation by Reference of ASME Code Works. EC–4178. A communication from the Prin- Cases’’ (RIN3150–AH35) received on October 4, EC–4169. A communication from the Prin- cipal Deputy Associate Administrator, Envi- 2005; to the Committee on Environment and cipal Deputy Associate Administrator, Envi- ronmental Protection Agency, transmitting, Public Works. ronmental Protection Agency, transmitting, pursuant to law, the report of a rule entitled EC–4161. A communication from the Prin- pursuant to law, the report of a rule entitled ‘‘Montana: Final Authorization of State Haz- cipal Deputy Associate Administrator, Envi- ‘‘Approval and Promulgation of Implementa- ardous Waste Management’’ (FRL7977–4) re- ronmental Protection Agency, transmitting, tion Plan; New York State Implementation ceived on October 4, 2005; to the Committee pursuant to law, the report of a rule entitled Plan Revision’’ (FRL7971–5) received on Oc- on Environment and Public Works. ‘‘Approval and Promulgation of Air Quality tober 4, 2005; to the Committee on Environ- EC–4179. A communication from the Prin- Implementation Plans: Nashville-Davidson ment and Public Works. cipal Deputy Associate Administrator, Envi- County; Revised Format for Materials Being EC–4170. A communication from the Prin- ronmental Protection Agency, transmitting, Incorporated by Reference’’ (FRL7972–5) re- cipal Deputy Associate Administrator, Envi- pursuant to law, the report of a rule entitled ceived on October 4, 2005; to the Committee ronmental Protection Agency, transmitting, ‘‘Reimbursement to Local Government for on Environment and Public Works. pursuant to law, the report of a rule entitled Emergency Responses to Hazardous Sub- EC–4162. A communication from the Prin- ‘‘Approval and Promulgation of State Plans stances Releases’’ (FRL7976–2) received on cipal Deputy Associate Administrator, Envi- for Designated Facilities and Pollutants: October 4, 2005; to the Committee on Envi- ronmental Protection Agency, transmitting, Bernalillo County, New Mexico; Negative ronment and Public Works. pursuant to law, the report of a rule entitled Declaration’’ (FRL7979–3) received on Octo- EC–4180. A communication from the Under ‘‘Approval and Promulgation of Air Quality ber 4, 2005; to the Committee on Environ- Secretary, Emergency Preparedness and Re- Implementation Plans: Texas Low-Emission ment and Public Works. sponse, Federal Emergency Management Diesel Fuel Program’’ (FRL7982–2) received EC–4171. A communication from the Prin- Agency, Department of Homeland Security, on October 4, 2005; to the Committee on En- cipal Deputy Associate Administrator, Envi- transmitting, pursuant to law, a report that vironment and Public Works. ronmental Protection Agency, transmitting, funding for the State of Mississippi as a re- EC–4163. A communication from the Prin- pursuant to law, the report of a rule entitled sult of Hurricane Katrina on August 27, 2005, cipal Deputy Associate Administrator, Envi- ‘‘Approval and Promulgation of State Plans and continuing, has exceeded $5,000,000; to ronmental Protection Agency, transmitting, for Designated Facilities and Pollutants: the Committee on Homeland Security and pursuant to law, the report of a rule entitled Oklahoma; Plan for Controlling Emissions Governmental Affairs. ‘‘Approval and Promulgation of State Plans from Commercial and Industrial Solid Waste EC–4181. A communication from the Under for Designated Facilities and Pollutants: Incineration Units’’ (FRL7979–7) received on Secretary, Emergency Preparedness and Re- Massachusetts; Negative Declaration’’ October 4, 2005; to the Committee on Envi- sponse, Federal Emergency Management (FRL7981–5) received on October 4, 2005; to ronment and Public Works. Agency, Department of Homeland Security, the Committee on Environment and Public EC–4172. A communication from the Prin- transmitting, pursuant to law, a report that Works. cipal Deputy Associate Administrator, Envi- funding for the State of Alabama as a result EC–4164. A communication from the Prin- ronmental Protection Agency, transmitting, of Hurricane Katrina on August 28, 2005, and cipal Deputy Associate Administrator, Envi- pursuant to law, the report of a rule entitled continuing, has exceeded $5,000,000; to the ronmental Protection Agency, transmitting, ‘‘National Emission Standards for Hazardous Committee on Homeland Security and Gov- pursuant to law, the report of a rule entitled Air Pollutants for Secondary Aluminum Pro- ernmental Affairs. ‘‘Control of Emissions of Hazardous Air Pol- duction’’ (FRL7978–4) received on October 4, EC–4182. A communication from the Sec- lutants from Mobile Sources: Default Base- 2005; to the Committee on Environment and retary of Agriculture, transmitting, pursu- line Revision’’ (FRL7981–4) received on Octo- Public Works. ant to law, the semiannual report of the Of- ber 4, 2005; to the Committee on Environ- EC–4173. A communication from the Prin- fice of the Inspector General for the period ment and Public Works. cipal Deputy Associate Administrator, Envi- ended March 31, 2005; to the Committee on EC–4165. A communication from the Prin- ronmental Protection Agency, transmitting, Homeland Security and Governmental Af- cipal Deputy Associate Administrator, Envi- pursuant to law, the report of a rule entitled fairs. ronmental Protection Agency, transmitting, ‘‘Revision of Wastewater Treatment Exemp- EC–4183. A communication from the Under pursuant to law, the report of a rule entitled tions for Hazardous Waste Mixtures Secretary, Emergency Preparedness and Re- ‘‘Prevention of Significant Deterioration for (Headworks Exemption)’’ (FRL7980–1) response, Federal Emergency Management Nitrogen Oxides’’ (FRL7981–1) received on ceived on October 4, 2005; to the Committee Agency, Department of Homeland Security, October 4, 2005; to the Committee on Envi- on Environment and Public Works. transmitting, pursuant to law, a report that ronment and Public Works. EC–4174. A communication from the Prin- funding for the State of Louisiana as a result EC–4166. A communication from the Prin- cipal Deputy Associate Administrator, Envi- of Hurricane Katrina on August 26, 2005, and cipal Deputy Associate Administrator, Envi- ronmental Protection Agency, transmitting, continuing, has exceeded $5,000,000; to the ronmental Protection Agency, transmitting, pursuant to law, the report of a rule entitled Committee on Homeland Security and Gov- pursuant to law, the report of a rule entitled ‘‘Approval and Promulgation of Air Quality ernmental Affairs. ‘‘Streamlining the General Pretreatment Implementation Plans; Texas; Permits by EC–4184. A communication from the Acting Regulations for Existing and New Sources of Rule’’ (FRL7975–9) received on October 4, Principal Deputy Assistant Secretary, Bu- Pollution’’ (FRL7980–4) received on October 2005; to the Committee on Environment and reau of Indian Affairs, Department of the In- 4, 2005; to the Committee on Environment Public Works. terior, transmitting, pursuant to law, the re- and Public Works. EC–4175. A communication from the Prin- port of a rule entitled ‘‘Navajo Partitioned EC–4167. A communication from the Prin- cipal Deputy Associate Administrator, Envi- Lands Grazing Permits’’ (RIN1076–AE46) re- cipal Deputy Associate Administrator, Envi- ronmental Protection Agency, transmitting, ceived on October 4, 2005; to the Committee ronmental Protection Agency, transmitting, pursuant to law, the report of a rule entitled on Indian Affairs. pursuant to law, the report of a rule entitled ‘‘Approval and Promulgation of Implementa- EC–4185. A communication from the Coun- ‘‘Approval and Promulgation of Air Quality tion Plan; Idaho; Correcting Amendment’’ sel for Legislation and Regulations, Office of Implementation Plan; Pennsylvania; Revi- (FRL7977–5) received on October 4, 2005; to Public and Indian Housing, Department of sion to the Motor Vehicle Enhanced I/M Pro- the Committee on Environment and Public Housing and Urban Development, transmit- gram—Philadelphia Pittsburgh, South Cen- Works. ting, pursuant to law, the report of a rule en- tral, and North Regions and Safety Inspec- EC–4176. A communication from the Prin- titled ‘‘Revisions to the Public Housing Op- tion Program Enhancements for Non-I/M Re- cipal Deputy Associate Administrator, Envi- erating Fund Program’’ (RIN2577–AC51) regions’’ (FRL7980–5) received on October 4, ronmental Protection Agency, transmitting, ceived on September 28, 2005; to the Com- 2005; to the Committee on Environment and pursuant to law, the report of a rule entitled mittee on Banking, Housing, and Urban Af- Public Works. ‘‘Approval and Promulgation of State Plan fairs.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00127 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22481 EC–4186. A communication from the Chair- portunity Commission, transmitting, pursu- General for the period ending September 30, man, Securities and Exchange Commission, ant to law, the report of a vacancy in the po- 2005; to the Committee on Finance. transmitting, pursuant to law, the 2004 An- sition of General Counsel, received on Sep- EC–4207. A communication from the Chair- nual Report of the Securities Investor Pro- tember 28, 2005; to the Committee on Health, man, International Trade Commission, tection Corporation; to the Committee on Education, Labor, and Pensions. transmitting, pursuant to law, a report on Banking, Housing, and Urban Affairs. EC–4197. A communication from the Direc- the Impact of the Caribbean Basin Economic EC–4187. A communication from the Prin- tor, Regulations Policy and Management Recovery Act for calendar years 2003 and cipal Deputy Associate Administrator, Envi- Staff, Food and Drug Administration, De- 2004; to the Committee on Finance. ronmental Protection Agency, transmitting, partment of Health and Human Services, EC–4208. A communication from the Chair- pursuant to law, the report of a rule entitled transmitting, pursuant to law, the report of man, International Trade Commission, ‘‘Imidacloprid; Pesticide Tolerances for a rule entitled ‘‘Use of Materials Derived transmitting, pursuant to law, the report on Emergency Exemptions’’ (FRL7738–8) re- from Cattle in Human Food and Cosmetics’’ the Andean Trade Preference Act for cal- ceived on October 4, 2005; to the Committee (RIN0910–AF47) received on October 4, 2005; endar year 2004; to the Committee on Fi- on Agriculture, Nutrition, and Forestry. to the Committee on Health, Education, nance. EC–4188. A communication from the Chair- Labor, and Pensions. EC–4209. A communication from the Acting man and Chief Executive Officer, Farm Cred- EC–4198. A communication from the Senior Director, Defense Procurement and Acquisi- it Administration, transmitting, pursuant to Regulatory Officer, Wage and Hour Division, tion Policy, Department of Defense, trans- law, the report of a rule entitled ‘‘Receiver- Department of Labor, transmitting, pursu- mitting, pursuant to law, the report of a rule ship Repudiation Authorities’’ (RIN3052– ant to law, the report of a rule entitled ‘‘In- entitled ‘‘Provision of Information to Coop- AC26) received on October 4, 2005; to the dustries in American Samoa’’ received on erative Agreement Holders’’ (DFARS Case Committee on Agriculture, Nutrition, and October 4, 2005; to the Committee on Health, 2004–D025) received on October 4, 2005; to the Forestry. Education, Labor, and Pensions. Committee on Armed Services. EC–4189. A communication from the Con- EC–4199. A communication from the Sec- EC–4210. A communication from the Acting gressional Review Coordinator, Animal and retary of Labor, transmitting, pursuant to Director, Defense Procurement and Acquisi- Plant Health Inspection Service, Department law, a report on the Department’s 2004 Find- tion Policy, Department of Defense, trans- of Agriculture, transmitting, pursuant to ings on the Worst Forms of Child Labor; to mitting, pursuant to law, the report of a rule law, the report of a rule entitled ‘‘Mexican the Committee on Health, Education, Labor, entitled ‘‘Multiyear Contracting’’ (DFARS Fruit Fly; Quarantined Areas and Treat- and Pensions. Case 2004–D024) received on October 4, 2005; ments for Regulated Articles’’ (Doc. No. 02– EC–4200. A communication from the Acting to the Committee on Armed Services. 129–5) received on October 4, 2005; to the Chief, Publications and Regulations, Inter- EC–4211. A communication from the Under Committee on Agriculture, Nutrition, and nal Revenue Service, Department of the Secretary of Defense, Acquisition, Tech- Forestry. Treasury, transmitting, pursuant to law, the nology, and Logistics, transmitting, pursu- EC–4190. A communication from the Con- report of a rule entitled ‘‘Stock Held by For- ant to law, revisions to the Fiscal Year 2006 gressional Review Coordinator, Animal and eign Insurance Companies’’ (RIN1545–BD27) Annual Materials Plan; to the Committee on Plant Health Inspection Service, Department received on October 5, 2005; to the Committee Armed Services. of Agriculture, transmitting, pursuant to on Finance. EC–4212. A communication from the Prin- law, the report of a rule entitled ‘‘Stall Res- EC–4201. A communication from the Acting cipal Deputy Under Secretary of Defense, ervations at Import Quarantine Facilities’’ Chief, Publications and Regulations, Inter- Personnel and Readiness, transmitting, pur- (Doc. No. 02–024–2) received on October 4, nal Revenue Service, Department of the suant to law, a report regarding federal fund- 2005; to the Committee on Agriculture, Nu- Treasury, transmitting, pursuant to law, the ing to institutions of higher education; to trition, and Forestry. report of a rule entitled ‘‘Notice Section the Committee on Armed Services. EC–4191. A communication from the Con- 1.367(a)–8 Revisions’’ (Not. 2005–74) received EC–4213. A communication from the Under gressional Review Coordinator, Animal and on October 5, 2005; to the Committee on Fi- Secretary of Defense, Acquisition, Tech- Plant Health Inspection Service, Department nance. nology and Logistics, transmitting, pursuant of Agriculture, transmitting, pursuant to EC–4202. A communication from the Acting to law, the 2005 report on the performance of law, the report of a rule entitled ‘‘West In- Chief, Publications and Regulations, Inter- commercial activities; to the Committee on dian Fruit Fly; Regulated Articles’’ (Doc. nal Revenue Service, Department of the Armed Services. No. 04–127–2) received on October 4, 2005; to Treasury, transmitting, pursuant to law, the EC–4214. A communication from the Under the Committee on Agriculture, Nutrition, report of a rule entitled ‘‘Appeals Settle- Secretary of Defense for Personnel and Read- and Forestry. ment Guidelines: Research Credit, Qualified iness, transmitting, authorization of Major EC–4192. A communication from the Sec- Research Expenses’’ (UIL41.51–01) received on General Stephen R. Lorenz, United States retary of Energy, transmitting, pursuant to October 5, 2005; to the Committee on Fi- Air Force, to wear the insignia of the grade law, the Annual Report to Congress on Fed- nance. of lieutenant general in accordance with eral Government Energy Management and EC–4203. A communication from the Acting title 10, United States Code, section 777; to Conservation Programs, Fiscal Year 2003; to Chief, Publications and Regulations, Inter- the Committee on Armed Services. the Committee on Energy and Natural Re- nal Revenue Service, Department of the EC–4215. A communication from the Under sources. Treasury, transmitting, pursuant to law, the Secretary of Defense for Personnel and Read- EC–4193. A communication from the Assist- report of a rule entitled ‘‘2005–2006 Per Diem iness, transmitting, authorization of Major ant Secretary for Fish and Wildlife and Rates’’ (Rev. Proc. 2005–67) received on Octo- General Frank G. Klotz, United States Air Parks, Department of the Interior, transmit- ber 5, 2005; to the Committee on Finance. Force, to wear the insignia of the grade of ting, a draft of proposed legislation entitled EC–4204. A communication from the Direc- lieutenant general in accordance with title ‘‘Dorothy Buell Memorial Visitor Center tor, Regulations and Disclosure Law Divi- 10, United States Code, section 777; to the Lease Act’’; to the Committee on Energy and sion, Customs and Border Protection, De- Committee on Armed Services. Natural Resources. partment of Homeland Security, transmit- EC–4216. A communication from the Under EC–4194. A communication from the Acting ting, pursuant to law, the report of a rule en- Secretary of Defense for Personnel and Read- Assistant Secretary for Land and Minerals titled ‘‘Country of Origin of Textile and Ap- iness, transmitting, authorization of Major Management, Minerals Management Service, parel Products’’ (RIN1505–AB60) received on General Gary L. North, United States Air Department of the Interior, transmitting, October 4, 2005; to the Committee on Fi- Force, to wear the insignia of the grade of pursuant to law, the report of a rule entitled nance. lieutenant general in accordance with title ‘‘Royalty Payment and Royalty and Produc- EC–4205. A communication from the Regu- 10, United States Code, section 777; to the tion Reporting Requirements Relief for Fed- lations Coordinator, Centers for Medicare Committee on Armed Services. eral Oil and Gas Lessees Affected by Hurri- and Medicaid Services, Department of EC–4217. A communication from the Under cane Katrina or Hurricane Rita’’ (RIN1010– Health and Human Services, transmitting, Secretary of Defense for Personnel and Read- AD28) received on October 4, 2005; to the pursuant to law, the report of a rule entitled iness, transmitting, authorization of Major Committee on Energy and Natural Re- ‘‘Medicare Program; Health Care Infrastruc- General Douglas M. Fraser, United States sources. ture Improvement Program: Selection Cri- Air Force, to wear the insignia of the grade EC–4195. A communication from the Acting teria of Loan Program for Qualifying Hos- of lieutenant general in accordance with Director, Office of Civilian Radioactive pitals Engaged in Cancer-Related Health title 10, United States Code, section 777; to Waste Management, Department of Energy, Care’’ (RIN0938–AO03) received on October 4, the Committee on Armed Services. transmitting, pursuant to law, the Office’s 2005; to the Committee on Finance. EC–4218. A communication from the Under 2005 Annual Report; to the Committee on En- EC–4206. A communication from the In- Secretary of Defense for Personnel and Read- ergy and Natural Resources. spector General, Department of Health and iness, transmitting, authorization of Major EC–4196. A communication from the Asso- Human Services, transmitting, pursuant to General Ann E. Dunwoody, United States ciate Legal Counsel, Equal Employment Op- law, the report of the Office of the Inspector Army, to wear the insignia of the grade of

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00128 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22482 CONGRESSIONAL RECORD—SENATE October 6, 2005 lieutenant general in accordance with title quate supply of influenza vaccine; to the S. 1840. A bill to amend section 340B of the 10, United States Code, section 777; to the Committee on Health, Education, Labor, and Public Health Service Act to increase the af- Committee on Armed Services. Pensions. fordability of inpatient drugs for Medicaid EC–4219. A communication from the Under By Mr. DOMENICI (for himself and Mr. and safety net hospitals; to the Committee Secretary of Defense for Personnel and Read- BINGAMAN) (by request): on Finance. iness, transmitting, authorization of Lieu- S. 1829. A bill to repeal certain sections of By Mr. NELSON of Florida (for him- tenant General Duncan J. McNabb, United the Act of May 26, 1936, pertaining to the self, Ms. STABENOW, and Mr. HARKIN): States Air Force, to wear the insignia of the Virgin Islands; to the Committee on Energy S. 1841. A bill to amend title XVIII of the grade of general in accordance with title 10, and Natural Resources. Social Security Act to provide extended and United States Code, section 777; to the Com- By Mr. DOMENICI (for himself, Mr. additional protection to Medicare bene- mittee on Armed Services. BINGAMAN, and Mr. AKAKA) (by re- ficiaries who enroll for the Medicare pre- EC–4220. A communication from the Under quest): scription drug benefit during 2006; to the Secretary of Defense for Personnel and Read- S. 1830. A bill to amend the Compact of Committee on Finance. iness, transmitting, authorization of Lieu- Free Association Amendments Act of 2003, By Ms. LANDRIEU: tenant General William S. Wallace, United and for other purposes; to the Committee on S. 1842. A bill to provide assistance to re- States Army, to wear the insignia of the Energy and Natural Resources. build communities, schools, and hospitals grade of general in accordance with title 10, By Mr. DOMENICI (for himself and Mr. damaged by Hurricane Katrina or Hurricane United States Code, section 777; to the Com- BINGAMAN) (by request): Rita, and for other purposes; to the Com- mittee on Armed Services. S. 1831. A bill to convey certain submerged mittee on Health, Education, Labor, and Pensions. f land to the Commonwealth of the Northern Mariana Islands, and for other purposes; to By Mr. VITTER: EXECUTIVE REPORTS OF the Committee on Energy and Natural Re- S. 1843. A bill to establish a strong Federal COMMITTEES sources. officer appointed by the President focused exclusively on the official and effective use The following executive reports of By Mr. INHOFE (for himself and Mr. COBURN): of Federal resources in southeast Louisiana committees were submitted: S. 1832. A bill to authorize the Secretary of for Hurricane Katrina recovery, and for By Mr. INHOFE for the Committee on En- the Interior to lease oil and gas resources other purposes; to the Committee on Home- vironment and Public Works. underlying Fort Reno, Oklahoma, to estab- land Security and Governmental Affairs. *Santanu K. Baruah, of Oregon, to be As- lish the Fort Reno Management Fund, and By Mr. VITTER: sistant Secretary of Commerce for Economic for other purposes; to the Committee on En- S. 1844. A bill to provide for full and open Development. ergy and Natural Resources. competition for Federal contracts related to *H. Dale Hall, of New Mexico, to be Direc- By Mr. CRAPO: Hurricane Katrina and Hurricane Rita recon- tor of the United States Fish and Wildlife S. 1833. A bill to amend title XIX of the So- struction efforts; to the Committee on Service. cial Security Act to provide for health op- Homeland Security and Governmental Af- *Edward McGaffigan, Jr., of Virginia, to be portunity accounts under the Medicaid Pro- fairs. a Member of the Nuclear Regulatory Com- gram; to the Committee on Finance. By Mr. ENSIGN (for himself, Ms. MUR- mission for the term of five years expiring By Mr. JEFFORDS (for himself, Mr. KOWSKI, Mr. BURNS, Mr. CRAIG, Mr. June 30, 2010. SARBANES, and Mr. DAYTON): CRAPO, Mr. INHOFE, Mr. KYL, Mr. *George M. Gray, of Massachusetts, to be S. 1834. A bill to authorize the Secretary of SMITH, and Mr. STEVENS): S. 1845. A bill to amend title 28, United an Assistant Administrator of the Environ- the Department of Housing and Urban Devel- States Code, to provide for the appointment mental Protection Agency. opment to make grants to States for afford- of additional Federal circuit judges, to di- *Lyons Gray, of North Carolina, to be able housing for low-income persons, and for vide the Ninth Judicial Circuit of the United Chief Financial Officer, Environmental Pro- other purposes; to the Committee on Bank- States into 2 circuits, and for other purposes; tection Agency. ing, Housing, and Urban Affairs. to the Committee on the Judiciary. By Mr. ALLARD (for himself and Mr. *Nomination was reported with rec- By Ms. LANDRIEU: SALAZAR): ommendation that it be confirmed sub- S. 1846. A bill to provide assistance to re- S. 1835. A bill to authorize the Secretary of ject to the nominee’s commitment to build communities, schools, and hospitals Energy to purchase certain essential mineral damaged by Hurricane Katrina or Hurricane respond to requests to appear and tes- rights and resolve natural resource damage Rita, and for other purposes; to the Com- tify before any duly constituted com- liability claims; to the Committee on Armed mittee on Homeland Security and Govern- mittee of the Senate. Services. mental Affairs. By Mr. JEFFORDS (for himself, Mrs. f By Ms. LANDRIEU: BOXER, Mr. LIEBERMAN, Mrs. CLINTON, S. 1847. A bill to provide assistance to re- INTRODUCTION OF BILLS AND Mr. CARPER, Mr. LAUTENBERG, Mr. JOINT RESOLUTIONS build hospitals damaged by Hurricane OBAMA, and Mr. BAUCUS): Katrina or Hurricane Rita, and for other pur- The following bills and joint resolu- S. 1836. A bill to provide for reconstruc- poses; to the Committee on Homeland Secu- tions were introduced, read the first tion, replacement, and improvement of in- rity and Governmental Affairs. frastructure in the Gulf Coast Region; to the By Mr. SALAZAR (for himself and Mr. and second times by unanimous con- Committee on Environment and Public sent, and referred as indicated: ALLARD): Works. S. 1848. A bill to promote remediation of By Mr. KOHL (for himself and Mr. DUR- By Mr. REED: inactive and abandoned mines, and for other BIN): S. 1837. A bill to amend the Magnuson-Ste- purposes; to the Committee on Environment S. 1826. A bill to amend the Internal Rev- vens Fishery Conservation and Management and Public Works. enue Code of 1986 to allow a credit to encour- Act to add Rhode Island to the Mid-Atlantic By Ms. LANDRIEU: age employers to offer flexible and phased Fishery Management Council; to the Com- S. 1849. A bill for the relief of Gisele Gold- work opportunities to older workers, to ex- mittee on Commerce, Science, and Transpor- berg Schexnider; to the Committee on the pand the credit for dependent care expenses tation. Judiciary. to cover eldercare expenses, to extend By Mr. VOINOVICH (for himself and By Mr. SALAZAR: COBRA coverage for certain older workers Ms. COLLINS): S. 1850. A bill to amend the Energy Policy who lose health insurance coverage due to a S. 1838. A bill to provide for the sale, acqui- Act of 2005 to accelerate the availability of reduction in work, to improve older workers’ sition, conveyance, and exchange of certain various income tax credits providing incen- access to job training services, and for other real property in the District of Columbia to tives for energy incentive products and prac- purposes; to the Committee on Finance. facilitate the utilization, development, and tices, and for other purposes; to the Com- By Mr. DEMINT (for himself, Mr. DUR- redevelopment of such property, and for mittee on Finance. BIN, and Mr. CORNYN): other purposes; to the Committee on Home- By Mr. SALAZAR: S. 1827. A bill to amend the Public Health land Security and Governmental Affairs. S. 1851. A bill to amend section 30123 of Service Act to provide for the public disclo- By Mr. MARTINEZ (for himself and title 49, United States Code, to require re- sure of charges for certain hospital services Mr. NELSON of Florida): placement tires for passenger vehicles to and drugs; to the Committee on Health, Edu- S. 1839. A bill to authorize additional meet the standards required for tires on new cation, Labor, and Pensions. judgeships for the middle district and south- vehicles; to the Committee on Commerce, By Mrs. CLINTON (for herself and Mr. ern district of Florida; to the Committee on Science, and Transportation. ROBERTS): the Judiciary. By Mr. SALAZAR: S. 1828. A bill to amend the Public Health By Mr. THUNE (for himself and Mr. S. 1852. A bill to amend the Internal Rev- Service Act to improve and secure an ade- BINGAMAN): enue Code of 1986 to reduce the incentive to

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purchase larger and luxury motor vehicles; S. 722 (Mr. FEINGOLD) was added as a cospon- to the Committee on Finance. At the request of Mr. SANTORUM, the sor of S. 1358, a bill to protect scientific By Mr. SALAZAR: name of the Senator from Florida (Mr. integrity in Federal research and pol- S. 1853. A bill to amend the National En- MARTINEZ) was added as a cosponsor of ergy Conservation Policy Act to require Fed- icymaking. eral agencies to take certain actions to re- S. 722, a bill to amend the Internal S. 1388 duce employee vehicle consumption, and for Revenue Code of 1986 to reduce the tax At the request of Ms. SNOWE, the other purposes;to the Committee on Energy on beer to its pre-1991 level. name of the Senator from Virginia (Mr. and Natural Resources. S. 759 ALLEN) was added as a cosponsor of S. By Mr. SALAZAR: At the request of Mr. SCHUMER, the 1388, a bill to amend chapter 6 of title S. 1854. A bill to prohibit price gouging for name of the Senator from California commodities and services sold during na- 5, United States Code (commonly (Mrs. BOXER) was added as a cosponsor known as the Regulatory Flexibility tional emergency situations; to the Com- of S. 759, a bill to amend the Internal mittee on the Judiciary. Act), to ensure complete analysis of po- Revenue Code of 1986 to make higher f tential impacts on small entities of education more affordable, and for rules, and for other purposes. SUBMISSION OF CONCURRENT AND other purposes. S. 1418 SENATE RESOLUTIONS S. 769 At the request of Mr. ENZI, the name At the request of Ms. SNOWE, the The following concurrent resolutions of the Senator from West Virginia (Mr. name of the Senator from Oklahoma and Senate resolutions were read, and BYRD) was added as a cosponsor of S. (Mr. COBURN) was added as a cosponsor referred (or acted upon), as indicated: 1418, a bill to enhance the adoption of By Mr. JOHNSON (for himself, Mr. of S. 769, a bill to enhance compliance assistance for small businesses. a nationwide interoperable health in- THUNE, and Mr. LEVIN): formation technology system and to S. 908 S. Res. 268. A resolution expressing the improve the quality and reduce the sense of the Senate that a commemorative At the request of Mr. MCCONNELL, costs of health care in the United postage stamp should be issued to honor the names of the Senator from Ne- States. sculptor Korczak Ziolkowski; to the Com- braska (Mr. HAGEL) and the Senator mittee on Homeland Security and Govern- from Nebraska (Mr. NELSON) were S. 1440 mental Affairs. added as cosponsors of S. 908, a bill to At the request of Mr. CRAPO, the By Mrs. BOXER: names of the Senator from South Da- S. Res. 269. A resolution expressing the allow Congress, State legislatures, and kota (Mr. JOHNSON), the Senator from sense of the Senate that a ‘‘Welcome Home regulatory agencies to determine ap- Vietnam Veterans Day’’ should be estab- propriate laws, rules, and regulations New York (Mr. SCHUMER) and the Sen- lished; to the Committee on Veterans’ Af- to address the problems of weight gain, ator from Arizona (Mr. KYL) were fairs. obesity, and health conditions associ- added as cosponsors of S. 1440, a bill to By Mr. BAYH (for himself, Ms. STABE- ated with weight gain or obesity. amend title XVIII of the Social Secu- NOW CHUMER , and Mr. S ): S. 1172 rity Act to provide coverage for cardiac S. Res. 270. A resolution expressing the At the request of Mr. SPECTER, the rehabilitation and pulmonary rehabili- sense of the Senate that the International tation services. Monetary Fund should investigate whether name of the Senator from Illinois (Mr. China is manipulating the rate of exchange DURBIN) was added as a cosponsor of S. S. 1504 between the Chinese yuan and the United 1172, a bill to provide for programs to At the request of Mr. ENSIGN, the States dollar; to the Committee on Foreign increase the awareness and knowledge name of the Senator from Idaho (Mr. Relations. of women and health care providers CRAIG) was added as a cosponsor of S. By Ms. STABENOW (for herself and with respect to gynecologic cancers. 1504, a bill to establish a market driven Mr. LEVIN): S. 1236 telecommunications marketplace, to S. Con. Res. 57. A concurrent resolution recognizing the contributions of African- At the request of Mr. CRAPO, the eliminate government managed com- American basketball teams and players for names of the Senator from Arkansas petition of existing communication their achievements, dedication, and con- (Mrs. LINCOLN) and the Senator from service, and to provide parity between tributions to the sport of basketball and the Connecticut (Mr. DODD) were added as functionally equivalent services. Nation; to the Committee on Commerce, cosponsors of S. 1236, a bill to ensure S. 1507 Science, and Transportation. the availability of spectrum to ama- At the request of Mr. BAUCUS, his f teur radio operators. name was added as a cosponsor of S. ADDITIONAL COSPONSORS S. 1294 1507, a bill to protect children from At the request of Mr. LAUTENBERG, Internet pornography and support law S. 191 the name of the Senator from South enforcement and other efforts to com- At the request of Mr. SMITH, the Carolina (Mr. GRAHAM) was added as a name of the Senator from Rhode Island bat Internet and pornography-related cosponsor of S. 1294, a bill to amend the crimes against children. (Mr. CHAFEE) was added as a cosponsor Telecommunications Act of 1996 to pre- S. 1512 of S. 191, a bill to extend certain trade serve and protect the ability of local At the request of Mr. SARBANES, the preferences to certain least-developed governments to provide broadband ca- name of the Senator from Oklahoma countries, and for other purposes. pability and services. (Mr. COBURN) was added as a cosponsor S. 211 S. 1317 of S. 1512, a bill to grant a Federal At the request of Mrs. CLINTON, the At the request of Mr. DODD, the name charter to Korean War Veterans Asso- name of the Senator from Louisiana of the Senator from Indiana (Mr. BAYH) ciation, Incorporated. (Mr. VITTER) was added as a cosponsor was added as a cosponsor of S. 1317, a of S. 211, a bill to facilitate nationwide bill to provide for the collection and S. 1538 availability of 2–1–1 telephone service maintenance of cord blood units for the At the request of Mr. ROCKEFELLER, for information and referral on human treatment of patients and research, the name of the Senator from Nevada services, volunteer services, and for and to amend the Public Health Serv- (Mr. REID) was added as a cosponsor of other purposes. ice Act to authorize the Bone Marrow S. 1538, a bill to amend the Internal S. 595 and Cord Blood Cell Transplantation Revenue Code of 1986 to expand the in- At the request of Mr. SANTORUM, the Program to increase the number of centives for the construction and ren- name of the Senator from New Mexico transplants for recipients suitable ovation of public schools. (Mr. BINGAMAN) was added as a cospon- matched to donors of bone marrow and S. 1585 sor of S. 595, a bill to amend the Inter- cord blood. At the request of Mr. BINGAMAN, the nal Revenue Code of 1986 to modify the S. 1358 name of the Senator from Hawaii (Mr. work opportunity credit and the wel- At the request of Mr. DURBIN, the AKAKA) was added as a cosponsor of S. fare-to-work credit. name of the Senator from Wisconsin 1585, a bill to amend title XIX of the

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Social Security Act to reduce the costs DURBIN) and the Senator from Wash- for the Department of Defense for the of prescription drugs for enrollees of ington (Mrs. MURRAY) were added as fiscal year ending September 30, 2006, medicaid managed care organizations cosponsors of S. 1798, a bill to amend and for other purposes. by extending the discounts offered titles XI and XVIII of the Social Secu- AMENDMENT NO. 1929 under fee-for-service medicaid to such rity Act to prohibit outbound call tele- At the request of Mr. LEVIN, the organizations. marketing to individuals eligible to re- name of the Senator from Michigan S. 1587 ceive benefits under title XVIII of such (Ms. STABENOW) was added as a cospon- At the request of Mr. BINGAMAN, the Act. sor of amendment No. 1929 proposed to name of the Senator from Maryland S. 1804 H.R. 2863, a bill making appropriations (Ms. MIKULSKI) was added as a cospon- At the request of Mrs. LINCOLN, the for the Department of Defense for the sor of S. 1587, a bill to amend title XXI name of the Senator from Arkansas fiscal year ending September 30, 2006, of the Social Security Act to permit (Mr. PRYOR) was added as a cosponsor and for other purposes. qualifying States to use a portion of of S. 1804, a bill to provide emergency AMENDMENT NO. 2047 their allotments under the State chil- assistance to agricultural producers dren’s health insurance program for At the request of Mr. NELSON of Flor- who have suffered losses as a result of ida, the names of the Senator from any fiscal year for certain medicaid ex- drought, Hurricane Katrina, and other penditures. Vermont (Mr. JEFFORDS), the Senator natural disasters occurring during 2005, from Nebraska (Mr. HAGEL), the Sen- S. 1716 and for other purposes. ator from South Dakota (Mr. JOHNSON) At the request of Mr. GRASSLEY, the S. 1808 name of the Senator from New York and the Senator from Delaware (Mr. At the request of Mr. BINGAMAN, the BIDEN) were added as cosponsors of (Mr. SCHUMER) was added as a cospon- names of the Senator from New York amendment No. 2047 intended to be pro- sor of S. 1716, a bill to provide emer- (Mrs. CLINTON), the Senator from gency health care relief for survivors of posed to H.R. 2863, a bill making appro- Washington (Mrs. MURRAY), the Sen- Hurricane Katrina, and for other pur- priations for the Department of De- ator from South Dakota (Mr. JOHNSON) poses. fense for the fiscal year ending Sep- and the Senator from Minnesota (Mr. tember 30, 2006, and for other purposes. S. 1721 DAYTON) were added as cosponsors of S. At the request of Mr. VOINOVICH, the 1808, a bill to amend title XIX of the f names of the Senator from West Vir- Social Security Act to improve the STATEMENTS ON INTRODUCED ginia (Mr. BYRD) and the Senator from qualified medicare beneficiary (OMB) BILLS AND JOINT RESOLUTIONS West Virginia (Mr. ROCKEFELLER) were and specified low-income medicare ben- By Mr. KOHL (for himself and added as cosponsors of S. 1721, a bill to eficiary (SLMB) programs within the Mr. DURBIN): amend the Omnibus Parks and Public medicaid program. Lands Management Act of 1996 to ex- S. 1826. A bill to amend the Internal S.J. RES. 25 tend the authorization for certain na- Revenue Code of 1986 to allow a credit tional heritage areas, and for other At the request of Mr. TALENT, the to encourage employers to offer flexi- purposes. name of the Senator from Tennessee ble and phased work opportunities to (Mr. ALEXANDER) was added as a co- S. 1726 older workers, to expand the credit for sponsor of S.J. Res. 25, a joint resolu- At the request of Mr. VITTER, the dependent care expenses to cover tion proposing an amendment to the name of the Senator from Louisiana eldercare expenses, to extend COBRA Constitution of the United States to (Ms. LANDRIEU) was added as a cospon- coverage for certain older workers who sor of S. 1726, a bill to designate the fa- authorize the President to reduce or lose health insurance coverage due to a cility of the United States Postal Serv- disapprove any appropriation in any reduction in work, to improve older ice located at 324 Main Street in Gram- bill presented by Congress. workers’ access to job training serv- bling, Louisiana, shall be known and S. RES. 180 ices, and for other purposes; to the designated as the ‘‘Coach Eddie Robin- At the request of Mr. SCHUMER, the Committee on Finance. son Post Office Building’’. name of the Senator from California Mr. KOHL. Mr. President, I rise S. 1753 (Mrs. FEINSTEIN) was added as a co- today to discuss an issue that will At the request of Mr. DEMINT, the sponsor of S. Res. 180, a resolution sup- greatly affect our Nation’s aging popu- name of the Senator from Maine (Ms. porting the goals and ideals of a Na- lation, workforce, and economy: the SNOWE) was added as a cosponsor of S. tional Epidermolysis Bullosa Aware- need to expand opportunities for older 1753, a bill to establish a unified na- ness Week to raise public awareness Americans to continue working into tional hazard alert system, and for and understanding of the disease and to their later years if they so choose. other purposes. foster understanding of the impact of As older Americans live longer and S. 1774 the disease on patients and their fami- healthier lives, many are planning to At the request of Mr. CORNYN, the lies. work longer. According to a recent sur- names of the Senator from Utah (Mr. AMENDMENT NO. 1881 vey, 80 percent of baby boomers expect BENNETT) and the Senator from Idaho At the request of Ms. SNOWE, the to work past traditional retirement (Mr. CRAIG) were added as cosponsors of name of the Senator from Maine (Ms. age. Some may recognize the physical S. 1774, a bill to amend the Public COLLINS) was added as a cosponsor of and mental benefits of work, while Health Service Act to provide for the amendment No. 1881 intended to be pro- some may need the additional income expansion, intensification, and coordi- posed to S. 1042, an original bill to au- to remain financially secure. Whatever nation of the activities of the National thorize appropriations for fiscal year the reason people decide to stay on the Heart, Lung, and Blood Institute with 2006 for military activities of the De- job, it’s time to change the way our respect to research on pulmonary hy- partment of Defense, for military con- Nation thinks about retirement. A one- pertension. struction, and for defense activities of size-fits-all retirement will no longer S. 1787 the Department of Energy, to prescribe match the very different plans that At the request of Mr. VITTER, the personnel strengths for such fiscal year seniors and baby boomers have for name of the Senator from Mississippi for the Armed Forces, and for other their later years. (Mr. LOTT) was added as a cosponsor of purposes. Rethinking retirement is also vital S. 1787, a bill to provide bankruptcy re- AMENDMENT NO. 1911 to our Nation’s economic future. By lief for victims of natural disasters, At the request of Ms. SNOWE, the 2030, businesses could face a labor force and for other purposes. name of the Senator from Rhode Island shortage of 35 million workers, and the S. 1798 (Mr. CHAFEE) was added as a cosponsor projected slowdown in labor force At the request of Mr. CORZINE, the of amendment No. 1911 proposed to growth could translate into lower eco- names of the Senator from Illinois (Mr. H.R. 2863, a bill making appropriations nomic growth and living standards.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00131 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22485 However, we can soften the potentially uring the success of job training pro- Sec. 303. Local employment and training ac- serious impact of these trends if we de- grams in order to more accurately re- tivities. velop policies that expand opportuni- flect the value of job training programs Sec. 304. Performance measures. ties for older Americans to work to the older workforce. We also ask Sec. 305. Reporting. Sec. 306. Incentive grants. longer. states to collect more data on the suc- Today, we are taking a first step by TITLE IV—FEDERAL TASK FORCE ON cess of our current job training pro- OLDER WORKERS introducing The Older Worker Oppor- grams in meeting the unique needs of tunity Act. This legislation addresses a Sec. 401. Federal task force on older work- older workers. ers. variety of issues that affect older Fifth, it is clear that the barriers workers and employers: workplace this bill addresses are not the only bar- TITLE I—TAX INCENTIVES flexibility, pensions, health insurance riers facing older workers. This bill is SEC. 101. TAX CREDIT FOR OLDER WORKERS IN FLEXIBLE AND PHASED WORK PRO- coverage, job training, and caregiving just the beginning. Therefore, we pro- GRAMS. needs. Back in April, as ranking mem- pose a ‘‘Task Force on Older Workers,’’ (a) Congress finds that— ber of the Aging Committee, I chaired composed of experts from all relevant (1) most older workers expect to work past a hearing on older workers which iden- federal agencies, to further identify traditional retirement age; tified barriers and disincentives to barriers and disincentives in current (2) most older workers would prefer not to working longer. This legislation spe- law, and recommend solutions. work a traditional full-time schedule; cifically targets those. We face an historic challenge, and (3) older workers’ preference for flexible First, today’s workplace rarely offers with it, an historic opportunity. We and phased work is not matched by opportunities currently offered by employers; flexible and part-time work arrange- need a 21st century workplace that is a (4) many older workers would choose to ments for older workers. Most older win-win for both older workers and work longer if they were offered flexible and workers would choose to work past tra- their employers—and an effective phased work opportunities, which would also ditional retirement age, but would pre- strategy for retaining our competitive reduce employer costs by increasing em- fer to gradually transition into retire- advantage against other countries fac- ployee retention; and ment instead of fully retiring at a tra- ing the same demographic tidal wave. (5) many older workers would like to ditional retirement age. We need to usher in a new age of work gradually transition into retirement instead To encourage employers to offer and retirement in which seniors are of taking full retirement immediately. (b) FLEXIBLE AND PHASED WORK CREDIT.— flexible and part-time work arrange- not limited to a choice between one or Subpart D of part IV of subchapter A of ments, we propose a tax credit for em- the other. We need to empower seniors chapter 1 of the Internal Revenue Code of ployers that give their older workers to make the continued contributions 1986 (relating to business related credits) is such opportunities while protecting we all know they can to our economy amended by adding at the end the following them from the loss of health or pension and our communities. new section: benefits. Our aim is to encourage more Many older Americans and employers ‘‘SEC. 45N. FLEXIBLE AND PHASED WORK CREDIT. workplace flexibility, which would ben- have already begun to pave the way. ‘‘(a) IN GENERAL.—For purposes of section efit both older workers and employers More older Americans are willing and 38, in the case of an eligible employer, the through increased productivity and job able to continue making a contribution flexible and phased work credit determined retention. to the workplace and our economy, and under this section for the taxable year shall Second, the bill provides an extra be equal to 40 percent of the qualified wages more employers are beginning to rec- for such year. safety net for older workers who reduce ognize the value of older workers. We ‘‘(b) ELIGIBLE EMPLOYER.—For purposes of their work but whose employers do not must incorporate this new mindset this section, the term ‘eligible employer’ keep them on their health plan. In into our national culture, and develop means an employer which— those cases, of course, the employer policies that reflect this reality. Our ‘‘(1) maintains a qualified trust (within the would not qualify for the tax credit we seniors deserve it, and our economic fu- meaning of section 401(a)), and are offering. However, we would extend ture may well depend on it. ‘‘(2) provides health insurance coverage (as COBRA coverage from 18 to 36 months Mr. President, I ask unanimous con- defined in section 9832(b)(1)(A)) to employees for their workers from the age of 62 sent that the text of the bill be printed and pays no less than 60 percent of the cost of such health insurance coverage with re- until they are eligible for Medicare. in the RECORD, and that the attached spect to each full-time employee receiving Third, one major reason why older letters of endorsement also be printed such coverage. workers exit the workforce is the need in the RECORD. ‘‘(c) QUALIFIED WAGES DEFINED.—For pur- to care for aging family members. There being no objection, the mate- poses of this section— Older workers who are also caregivers rial was ordered to be printed in the ‘‘(1) QUALIFIED WAGES.—The term ‘qualified often face a significant loss of earnings RECORD, as follows: wages’ means the wages paid or incurred by and retirement income, and their em- S. 1826 an eligible employer during the taxable year ployers lose up to $29 billion per year to individuals whom at the time such wages Be it enacted by the Senate and House of Rep- are paid or incurred— in lost work time and productivity. To resentatives of the United States of America in ‘‘(A) have attained the age of 591⁄2, and help older workers balance the de- Congress assembled, ‘‘(B) are participating in a formal flexible mands of work and caregiving, and to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. work program or a formal phased work pro- help employers by increasing produc- (a) SHORT TITLE.—This Act may be cited as gram. tivity and reducing turnover costs, we the ‘‘Older Worker Opportunity Act’’. ‘‘(2) WAGES.— propose expanding the dependent care (b) TABLE OF CONTENTS.—The table of con- ‘‘(A) IN GENERAL.—The term ‘wages’ has tents of this Act is as follows: credit to cover the care of chronically the meaning given such term by subsection ill family members. Sec. 1. Short title; table of contents. (b) of section 3306 (determined without re- Fourth, as GAO has found, job train- TITLE I—TAX INCENTIVES gard to any dollar limitation contained in Sec. 101. Tax credit for older workers in such section). ing programs are often discouraged ‘‘(B) OTHER RULES.—Rules similar to the from enrolling older workers because flexible and phased work programs. rules of paragraph (2) and (3) of section 51(c) their effectiveness is measured in part Sec. 102. Expansion of dependent care credit shall apply for purposes of this section. by participants’ earnings. Older work- to eldercare expenses. ‘‘(C) TERMINATION.—The term ‘wages’ shall not include any amount paid or incurred to ers tend to seek part-time work and re- TITLE II—COBRA CONTINUATION an individual after December 31, 2010. ceive lower earnings when they get new COVERAGE ‘‘(3) ONLY FIRST $6,000 OF WAGES PER YEAR jobs. As a result, older workers do not Sec. 201. Extended COBRA continuation cov- have access to the training services TAKEN INTO ACCOUNT.—The amount of the erage for certain older workers. qualified wages which may be taken into ac- they need to develop their techno- TITLE III—EMPLOYMENT AND TRAINING count with respect to any individual shall logical skills and increase their pro- Sec. 301. Definitions. not exceed $6,000 per year. ductivity. We propose adjusting older Sec. 302. Statewide employment and train- ‘‘(d) FORMAL FLEXIBLE WORK PROGRAM.— workers’ lower earnings when meas- ing activities. For purposes of this section—

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‘‘(1) IN GENERAL.—The term ‘formal flexible ule of a similarly situated full-time em- ‘‘(iii) is a chronically ill individual (within work program’ means a program of an eligi- ployee during such year. the meaning of section 7702B(c)(2)).’’. ble employer— ‘‘(iii) If the plan uses final average earn- (b) EXPENSES FOR CARE OUTSIDE OF HOUSE- ‘‘(A) which consists of core time and flex ings to determine benefits, final average HOLD.— time, earnings of the participant shall be no less (1) IN GENERAL.—Subparagraph (B) of sec- ‘‘(B) under which core time does not ex- than such earnings were before the partici- tion 21(b)(2) of the Internal Revenue Code of ceed— pant entered the program. 1986 is amended by striking ‘‘or’’ at the end ‘‘(i) 20 hours per week, ‘‘(B) DEFINED CONTRIBUTION PLANS.—A par- of clause (i), by redesignating clause (ii) as ‘‘(ii) 3 days per week, or ticipant shall be entitled to participate in a clause (iii), and by inserting after clause (i) ‘‘(iii) 1,000 hours per year, and defined contribution plan (within the mean- the following new clause: ‘‘(C) which meets the requirements of sub- ing of section 414(i)) of the employer in the ‘‘(ii) a qualifying individual described in section (f). same manner as a similarly situated full- paragraph (1)(D), or’’. ‘‘(2) CORE TIME.—The term ‘core time’ time employee, and the employer shall (2) CONFORMING AMENDMENT.—Clause (iii) of means the specific time— match the participant’s contributions at the section 21(b)(2)(B), as redesignated by para- ‘‘(A) during which an employee is required same rate that the employer would match graph (1), is amended by striking ‘‘paragraph to perform services related to employment, the contributions of a similarly situated full- (1)(A)’’ and inserting ‘‘subparagraph (A) or and time employee. (D) of paragraph (1)’’. (c) CONFORMING AMENDMENTS.— ‘‘(B) which is determined by the employer. ‘‘(C) NO FORFEITURE OF PENSION BENEFITS.— (1) The heading of section 21 of the Internal ‘‘(3) FLEX TIME.—The term ‘flex time’ The pension benefits of a participant shall means the time other than core time— not be forfeited under the rules of section Revenue Code of 1986 is amended by striking ‘‘(A) during which an employee is required 411(a)(3)(B) or section 203(a)(3)(B) of the Em- ‘‘AND DEPENDENT CARE SERVICES’’ and inserting ‘‘ to perform services related to employment, ployee Retirement Income Security Act of , DEPENDENT CARE, AND ’’. and 1974 with respect to a participant who has at- ELDERCARE SERVICES (2) The item relating to section 21 in the ‘‘(B) which is determined at the election of tained normal retirement age as of the end table of sections for subpart A of part IV of the employee. of the plan year. subchapter A of chapter 1 of such Code is ‘‘(e) FORMAL PHASED WORK PROGRAM.—For ‘‘(4) NONDISCRIMINATION RULE.—Eligibility amended striking ‘‘and dependent care serv- purposes of this section, the term ‘formal to participate in the program shall not dis- ices’’ and inserting ‘‘, dependent care, and phased work program’ means— criminate in favor of highly compensated eldercare services’’. ‘‘(1) a program of an eligible employer— employees (within the meaning of section (d) EFFECTIVE DATE.—The amendments ‘‘(A) under which the employer and an em- 414(q)). made by this section shall apply to taxable ployee enter into an agreement, in good ‘‘(g) CERTAIN INDIVIDUALS INELIGIBLE.—For years beginning after December 31, 2005. faith, that the employee’s work schedule will purposes of this section, rules similar to the TITLE II—COBRA CONTINUATION be no more than 80 percent of the work rules of paragraphs (1) and (2) of section 51(i) COVERAGE schedule of a similarly situated full-time and section 52 shall apply. employee, and ‘‘(h) REGULATIONS.—The Secretary may SEC. 201. EXTENDED COBRA CONTINUATION COV- prescribe such regulations as are necessary ERAGE FOR CERTAIN OLDER WORK- ‘‘(B) which meets the requirements of sub- ERS. section (f), or to carry out the purposes of this section, including simplified rules to satisfy the re- (a) AMENDMENTS TO THE EMPLOYEE RETIRE- ‘‘(2) any phased retirement program of an MENT INCOME SECURITY ACT OF 1974.—Section eligible employer which— quirements of subsection (f)(3)(C) taking into account the requirements of section 411 and 602 of the Employee Retirement Income Se- ‘‘(A) is authorized by the Secretary, and curity Act of 1974 (29 U.S.C. 1162) is amend- ‘‘(B) meets the requirements of subsection section 203 of the Employee Retirement In- come Security Act of 1974.’’. ed— (f). (c) CREDIT MADE PART OF GENERAL BUSI- (1) in paragraph (2)(A), by adding at the ‘‘(f) REQUIREMENTS.—A program shall not NESS CREDIT.—Subsection (b) of section 38 of end the following: be considered a formal flexible work program the Internal Revenue Code of 1986 is amended ‘‘(vi) SPECIAL RULE FOR CERTAIN OLDER or a formal phased work program under this by striking ‘‘and’’ at the end of paragraph WORKERS.— section unless such program meets the fol- (25), by striking the period at the end of ‘‘(I) IN GENERAL.—Notwithstanding any lowing requirements: paragraph (26) and inserting ‘‘, plus’’, and by other provision of this subparagraph, in the ‘‘(1) DURATION OF PROGRAM.—The program adding at the end the following new para- case of a qualifying event described in sec- shall allow for participation for a period of graph: tion 603(2) relating to a reduction of hours of at least 1 year. ‘‘(27) the flexible and phased work credit an employee described in subclause (II), the ‘‘(2) NO CHANGE IN HEALTH BENEFITS.—With determined under section 45N(a).’’. date which is 36 months after the date of the respect to a participant whose work schedule (d) NO DOUBLE BENEFIT.—Subsection (a) of qualifying event, except that the period of is no less than 20 percent of the work sched- section 280C of the Internal Revenue Code of coverage under this clause shall end on the ule of a similarly situated full-time em- 1986 is amended by inserting ‘‘45N(a),’’ after date on which the employee becomes enti- ployee— ‘‘45A(a),’’. tled to benefits under title XVIII of the So- ‘‘(A) such participant shall be entitled to (e) CLERICAL AMENDMENT.—The table of cial Security Act based on age. the same health insurance coverage to which sections for subpart D of part IV of sub- ‘‘(II) EMPLOYEE DESCRIBED.—An employee a similarly situated full-time employee chapter A of chapter 1 of the Internal Rev- is described in this subclause if such em- would be entitled, enue Code of 1986 is amended by adding at ployee, on the date of the qualifying event, is ‘‘(B) the employer shall contribute the the end the following new item: at least the early retirement age (as defined same percentage of the cost of health insur- ‘‘Sec. 45N. Flexible and phased work cred- in section 216(l)(2) of the Social Security ance coverage for such participant as the it.’’. Act) but not yet entitled to benefits under employer would contribute for a similarly (f) EFFECTIVE DATE.—The amendments title XVIII of the Social Security Act based situated full-time employee, and made by this section shall apply to wages on age.’’; and ‘‘(C) such participant shall be entitled to paid after December 31, 2005. (2) in paragraph (3), by adding at the end participate in a retiree health benefits plan SEC. 102. EXPANSION OF DEPENDENT CARE the following: ‘‘In the case of an individual of the employer in the same manner as a CREDIT TO ELDERCARE EXPENSES. described in paragraph (2)(A)(vi), any ref- similarly situated full-time employee, except (a) IN GENERAL.—Paragraph (1) of section erence in subparagraph (A) of this paragraph that service credited under the plan for any 21(b) of the Internal Revenue Code of 1986 (re- to ‘102 percent’ is deemed a reference to ‘120 plan year shall be equal to the ratio of the lating to qualifying individual) is amended percent’ for any month after the 18th month participant’s work schedule during such year by striking ‘‘or’’ at the end of subparagraph of continuation coverage provided for under to the work schedule of a similarly situated (B), by striking the period at the end of sub- such paragraph (2)(A)(vi).’’. full-time employee during such year. paragraph (C) and inserting ‘‘, or’’, and by (b) AMENDMENTS TO THE PUBLIC HEALTH ‘‘(3) NO REDUCTION IN PENSION BENEFITS.— adding at the end the following new subpara- SERVICE ACT.—Section 2202 of the Public ‘‘(A) DEFINED BENEFIT PLANS.— graph: Health Service Act (42 U.S.C. 300bb–2) is ‘‘(i) A participant shall be entitled to par- ‘‘(D) an individual who— amended— ticipate in a defined benefit plan (within the ‘‘(i) has attained retirement age (as defined (1) in paragraph (2)(A), by inserting after meaning of section 414(j)) of the employer in in section 216(l)(1) of the Social Security clause (iv) the following: the same manner as a similarly situated full- Act) before the end of the taxable year of the ‘‘(v) SPECIAL RULE FOR CERTAIN OLDER time employee. taxpayer, WORKERS.— ‘‘(ii) Service credited to a participant ‘‘(ii) is the spouse of the taxpayer or has a ‘‘(I) IN GENERAL.—Notwithstanding any under the plan for any plan year shall be relationship to the taxpayer described in other provision of this subparagraph, in the equal to the ratio of the participant’s work subparagraph (B), (C), (D), (F), or (G) of sec- case of a qualifying event described in sec- schedule during such year to the work sched- tion 152(d)(2), and tion 2203(2) relating to a reduction of hours

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00133 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22487 of an employee described in subclause (II), SEC. 302. STATEWIDE EMPLOYMENT AND TRAIN- ‘‘(bb) be in need of training services to ob- the date which is 36 months after the date of ING ACTIVITIES. tain or retain employment that leads to self- the qualifying event, except that the period Section 134(a)(3)(A) of such Act (29 U.S.C. sufficiency or wages comparable to or higher of coverage under this clause shall end on 2864 (a)(3)(A)) is amended— than previous employment; and the date on which the employee becomes en- (1) in clause (vi), by striking ‘‘and’’ at the ‘‘(cc) have the skills and qualifications to titled to benefits under title XVIII of the So- end; successfully participate in the selected pro- cial Security Act based on age. (2) by redesignating clause (vii) as clause gram of training services; ‘‘(II) EMPLOYEE DESCRIBED.—An employee (viii); and ‘‘(II) who select programs of training serv- is described in this subclause if such em- (3) by inserting after clause (vi) the fol- ices that are directly linked to the employ- ployee, on the date of the qualifying event, is lowing: ment opportunities in the local area or re- at least the early retirement age (as defined ‘‘(vii) developing strategies for effectively gion involved or in another area to which the in section 216(l)(2) of the Social Security serving hard-to-serve populations and for co- adults or dislocated workers are willing to Act) but not yet entitled to benefits under ordinating programs and services among commute or relocate; title XVIII of the Social Security Act based one-stop partners; and’’. ‘‘(III) who meet the requirements of sub- on age.’’; and SEC. 303. LOCAL EMPLOYMENT AND TRAINING paragraph (B); and (2) in paragraph (3), by adding at the end ACTIVITIES. ‘‘(IV) who are determined to be eligible in the following: ‘‘In the case of an individual (a) INTENSIVE SERVICES.—Section 134(d)(3) accordance with the priority system in effect described in paragraph (2)(A)(v), any ref- of such Act (29 U.S.C. 2864(d)(3)) is amended under subparagraph (E). erence in subparagraph (A) of this paragraph by striking subparagraph (A) and inserting ‘‘(ii) CONSIDERATION.—For purposes of de- to ‘102 percent’ is deemed a reference to ‘120 the following: termining whether an adult or dislocated percent’ for any month after the 18th month ‘‘(A) IN GENERAL.— worker meets the requirements of clause of continuation coverage provided for under ‘‘(i) ELIGIBILITY.—Except as provided in (i)(I)(aa), a one-stop operator or one-stop such paragraph (2)(A)(v).’’. clause (iii), funds allocated to a local area partner shall consider whether the adult or (c) AMENDMENTS TO THE INTERNAL REVENUE for adults under paragraph (2)(A) or (3), as dislocated worker is a member of a hard-to- CODE OF 1986.—Section 4980B(f) of the Inter- appropriate, of section 133(b), and funds allo- nal Revenue Code of 1986 is amended— serve population. cated to the local area for dislocated workers ‘‘(iii) SPECIAL RULE.—A new interview, (1) in paragraph (2)(B)(i), by inserting after under section 133(b)(2)(B), shall be used to subclause (V) the following: evaluation, or assessment of a participant is provide intensive services to adults and dis- not required under clause (i) if the one-stop ‘‘(VI) SPECIAL RULE FOR CERTAIN OLDER located workers, respectively— WORKERS.— operator or one-stop partner determines that ‘‘(I) who are unemployed and who, after an it is appropriate to use a recent assessment ‘‘(aa) IN GENERAL.—Notwithstanding any interview, evaluation, or assessment, have other provision of this clause, in the case of of the participant conducted pursuant to an- been determined by a one-stop operator or other education or training program.’’. a qualifying event described in paragraph one-stop partner to be— (3)(B) relating to a reduction of hours of an ‘‘(aa) unlikely or unable to obtain employ- (c) LOCAL EMPLOYMENT AND TRAINING AC- employee described in item (bb), the date ment, that leads to self-sufficiency or wages TIVITIES.—Section 134(e)(1)(A) of such Act (29 which is 36 months after the date of the comparable to or higher than previous em- U.S.C. 2864(e)(1)(A)) is amended— qualifying event, except that the period of ployment, through core services described in (1) in subparagraph (A), by striking ‘‘and’’ coverage under this clause shall end on the paragraph (2); and at the end; date on which the employee becomes enti- ‘‘(bb) in need of intensive services to ob- (2) in subparagraph (B), by striking the pe- tled to benefits under title XVIII of the So- tain employment that leads to self-suffi- riod and inserting ‘‘; and’’; and cial Security Act based on age. ciency or wages comparable to or higher (3) by adding at the end the following: ‘‘(bb) EMPLOYEE DESCRIBED.—An employee than previous employment; or ‘‘(C) customer support to enable members is described in this subclause if such em- ‘‘(II) who are employed, but who, after an of hard-to-serve populations, including indi- ployee, on the date of the qualifying event, is interview, evaluation, or assessment, are de- viduals with disabilities, to navigate among at least the early retirement age (as defined termined by a one-stop operator or one-stop multiple services and activities for such pop- in section 216(l)(2) of the Social Security partner to be in need of intensive services to ulations.’’. Act) but not yet entitled to benefits under obtain or retain employment that leads to title XVIII of the Social Security Act based self-sufficiency. SEC. 304. PERFORMANCE MEASURES. on age.’’; and ‘‘(ii) CONSIDERATION.—For purposes of de- (a) STATE PERFORMANCE MEASURES.—Sec- (2) in paragraph (2)(C) by adding at the end termining whether an adult or dislocated tion 136(b)(3)(A)(iv)(II) of the Workforce In- the following: ‘‘In the case of an individual worker meets the requirements of clause vestment Act of 1998 (29 U.S.C. described in subparagraph (B)(i)(VI), any ref- (i)(I)(aa), a one-stop operator or one-stop 2871(b)(3)(A)(iv)(II)) is amended— erence in clause (i) of this subparagraph to partner shall consider whether the adult or (1) by striking ‘‘taking into account’’ and ‘102 percent’ is deemed a reference to ‘120 dislocated worker is a member of a hard-to- inserting ‘‘and shall ensure that the levels percent’ for any month after the 18th month serve population. involved are adjusted, using objective statis- of continuation coverage provided for under ‘‘(iii) SPECIAL RULE.—A new interview, tical methods, based on’’; such subparagraph (B)(i)(VI).’’. evaluation, or assessment of a participant is (2) by inserting ‘‘(such as differences in un- TITLE III—EMPLOYMENT AND TRAINING not required under clause (i) if the one-stop employment rates and job losses or gains in operator or one-stop partner determines that SEC. 301. DEFINITIONS. particular industries)’’ after ‘‘economic con- Section 101 of the Workforce Investment it is appropriate to use a recent assessment ditions’’; and Act of 1998 (29 U.S.C. 2801) is amended— of the participant conducted pursuant to an- (3) by inserting ‘‘(such as indicators of poor (1) by redesignating paragraphs (17) other education or training program.’’. work history, lack of work experience, lack through (53) as paragraphs (18) through (54), (b) TRAINING SERVICES.—Section 134(d)(4) of of educational or occupational skills attain- respectively; and such Act (29 U.S.C. 2864(d)(4)) is amended by ment, dislocation from high-wage and ben- (2) by inserting after paragraph (16) the fol- striking subparagraph (A) and inserting the efit employment, low levels of literacy or lowing: following: English proficiency, disability status, older ‘‘(17) HARD-TO-SERVE POPULATIONS.—The ‘‘(A) IN GENERAL.— individual status, homelessness, ex-offender term ‘hard-to-serve populations’ means pop- ‘‘(i) ELIGIBILITY.—Except as provided in status, and welfare dependency)’’ after ‘‘pro- ulations of individuals who are hard to serve, clause (iii), funds allocated to a local area gram’’. including displaced homemakers, low-income for adults under paragraph (2)(A) or (3), as individuals, Native Americans, individuals appropriate, of section 133(b), and funds allo- (b) LOCAL PERFORMANCE MEASURES.—Sec- with disabilities, older individuals, ex-of- cated to the local area for dislocated workers tion 136(c)(3) (29 U.S.C. 2871(c)(3))— fenders, homeless individuals, individuals under section 133(b)(2)(B), shall be used to (1) by striking ‘‘shall take into account’’ with limited English proficiency, individuals provide training services to adults and dis- and inserting ‘‘shall ensure that the levels who do not meet the definition of literacy in located workers, respectively— involved are adjusted, using objective statis- section 203, individuals facing substantial ‘‘(I) who, after an interview, evaluation, or tical methods, based on’’; cultural barriers, migrant and seasonal assessment, and case management, have (2) by inserting ‘‘(characteristics such as farmworkers, individuals within 2 years of been determined by a one-stop operator or unemployment rates and job losses or gains exhausting lifetime eligibility under part A one-stop partner, as appropriate, to— in particular industries)’’ after ‘‘economic’’; of title IV of the Social Security Act (42 ‘‘(aa) be unlikely or unable to obtain or re- and U.S.C. 601 et seq.), single parents (including tain employment, that leads to self-suffi- (3) by inserting ‘‘(characteristics such as single pregnant women), and such other ciency or wages comparable to or higher indicators of poor work history, lack of work groups as the Governor determines to be than previous employment, through the in- experience, lack of educational and occupa- hard to serve.’’. tensive services described in paragraph (3); tional skills attainment, dislocation from

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00134 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22488 CONGRESSIONAL RECORD—SENATE October 6, 2005 high-wage and benefit employment, low lev- hance service to program participants, par- portunities for older workers, and develop els of literacy or English proficiency, dis- ticularly hard-to-serve populations, as may legislative and regulatory proposals to ad- ability status, older individual status, home- be approved by the Governor.’’. dress such limitations; lessness, ex-offender status, and welfare de- (c) INCENTIVE GRANTS FOR STATES.—Sec- (B) identify best practices in the private pendency)’’ after ‘‘demographic’’. tion 503 of the Workforce Investment Act of sector for hiring and retaining older work- (c) WAGE RECORDS AND DOCUMENTED 1998 (20 U.S.C. 9273) is amended— ers, and serve as a clearinghouse of such in- DATA.—Section 136(f)(2) of such Act (29 (1) by striking subsection (a) and inserting formation; and U.S.C. 2871(f)(2)) is amended— the following: (C) assess the effectiveness and cost of pro- (1) by striking ‘‘(2)’’ and all that follows ‘‘(a) IN GENERAL.— grams that Federal agencies have imple- through ‘‘In’’ and inserting the following: ‘‘(1) TIMELINE.— mented to hire and retain older workers (in- ‘‘(2) WAGE RECORDS AND DOCUMENTED ‘‘(A) PRIOR TO JULY 1, 2006.—Prior to July 1, cluding the Senior Environmental Employ- DATA.— 2006, the Secretary shall award a grant to ment (SEE) Program of the Environmental ‘‘(A) WAGE RECORDS.—In’’; and each State in accordance with the provisions Protection Agency), and recommend cost-ef- (2) by adding at the end the following: of this section as this section was in effect fective programs for all Federal agencies to ‘‘(B) DOCUMENTED DATA.—In measuring the on July 1, 2003. hire and retain older workers. progress of the State with respect to older ‘‘(B) BEGINNING JULY 1, 2006.—Beginning on (2) AFTER THREE YEARS.—Not later than 3 individuals on State and local performance July 1, 2006, the Secretary shall award incen- years after the date of establishment of the measures relating to earnings, a State may tive grants to States for performance de- Task Force, the Task Force shall— use documented data other than quarterly scribed in paragraph (2) in carrying out inno- (A) assess the effectiveness of the provi- wage records to determine the work schedule vative programs consistent with the pro- sions of this Act; and of the older individuals, and may impute grams under chapters 4 and 5 of subtitle B of (B) organize a Conference on the Aging full-time earnings to part-time workers who title I, to implement or enhance innovative Workforce, which shall include the participa- are older individuals.’’. and coordinated programs consistent with tion of senior, business, labor, and other in- SEC. 305. REPORTING. the statewide economic, workforce, and edu- terested organizations. Section 136(d)(2) of such Act (29 U.S.C. cational interests of the State. (3) REPORT.—The Task Force shall submit 2871(d)(2)) is amended— ‘‘(2) BASIS.—The Secretary shall award the a report to Congress on the activities of the (1) in subparagraph (E), by striking ‘‘(ex- grants on the basis that States— Task Force pursuant to paragraph (1). Such cluding participants who received only self- ‘‘(A) have exceeded the State adjusted lev- report shall be made available to the public. (d) CONSULTATION.—In carrying out activi- service and informational activities)’’; and els of performance for title I, the adjusted ties pursuant to this section, the Task Force (2) in subparagraph (F)— levels of performance for title II, and the lev- shall consult with senior, business, labor, (A) by striking ‘‘(F)’’ and inserting els of performance under the Carl D. Perkins Vocational and Technical Education Act of and other interested organizations. ‘‘(F)(i)’’; (e) APPLICABILITY OF FACA; TERMINATION 1998 (20 U.S.C. 2301 et seq.); or (B) by striking the period and inserting ‘‘; OF TASK FORCE.— ‘‘(B) have— and’’; and (1) FACA.—The Federal Advisory Com- ‘‘(i) met the State adjusted levels of per- (C) by adding at the end the following: mittee Act (5 U.S.C. App.) shall not apply to formance for title I, the adjusted levels of ‘‘(ii) the number of participants in each of the Task Force established pursuant to this performance for title II, and the levels of the groups described in clause (i) who have Act. performance under the Carl D. Perkins Voca- received services authorized under this title, (2) TERMINATION.—The Task Force shall tional and Technical Education Act of 1998 in the form of core services described in sec- terminate 30 days after the date the Task (20 U.S.C. 2301 et seq.); and tion 134(d)(2), intensive services described in Force completes all of its duties under this ‘‘(ii) demonstrated exemplary performance section 134(d)(3), training services described Act. in section 134(d)(4), and followup services, rein serving hard-to-serve populations. ‘‘(3) USE OF FUNDS.—The funds awarded to spectively;’’. INTERFAITH, SEC. 306. INCENTIVE GRANTS. a State under this section may be used to Milwaukee, WI, September 29, 2005. carry out activities authorized for States (a) USE OF FUNDS FOR STATEWIDE EMPLOY- Hon. HERB KOHL, MENT AND TRAINING ACTIVITIES.—Section under chapters 4 and 5 of subtitle B of title U.S. Senate, Hart Senate Office Building, 134(a)(2)(B) of the Workforce Investment Act I, title II, and the Carl D. Perkins Vocational Washington, DC. of 1998 (29 U.S.C. 2864(a)(2)(B)) is amended— and Technical Education Act of 1998 (20 DEAR SENATOR KOHL: It is a privilege to (1) in clause (v), by striking ‘‘and’’ at the U.S.C. 2301 et seq.), including demonstration support Senator Kohl’s proposed ‘‘Older end; projects, and for such innovative projects or Worker Opportunity Act of 2005.’’ As an (2) in clause (vi), by striking the period and programs that increase coordination and en- agency that has been providing employment inserting ‘‘; and’’; and hance service to program participants, par- services to older workers for over 25 years, (3) by adding at the end the following: ticularly hard-to-serve populations.’’; and Interfaith Older Adult Programs has first ‘‘(vii) providing incentive grants to local (2) in subsection (b)(2), by striking sub- hand knowledge of the value of retaining areas, in accordance with section 136(j).’’. paragraph (C) and inserting the following: older workers in the workplace. As stated in (b) INCENTIVE GRANTS FOR LOCAL AREAS.— ‘‘(C) the State meets the requirements of the Act, our country is facing a great labor Section 136 of such Act is amended by adding subparagraph (A) or (B) of subsection shortage. Terry Ludeman, Chief Economist at the end the following: (a)(2).’’. for the State of Wisconsin, has estimated ‘‘(j) INCENTIVE GRANTS FOR LOCAL AREAS.— TITLE IV—FEDERAL TASK FORCE ON that in our State by 2017 there will not be ‘‘(1) IN GENERAL.—From funds reserved OLDER WORKERS enough 18-year-olds to replace workers turning 65. under sections 128(a) and 133(a)(1), the Gov- SEC. 401. FEDERAL TASK FORCE ON OLDER ernor involved shall award incentive grants WORKERS. The proposed tax credit would provide incentive to encourage employers to offer to local areas for performance described in (a) ESTABLISHMENT.—Not later than 90 days more flexibility in the workplace and en- paragraph (2) in carrying out programs under after the date of enactment of this Act, the courage support for older individuals who chapters 4 and 5. Secretary of Labor shall establish a Federal want to stay in the workforce longer. It will ‘‘(2) BASIS.—The Governor shall award the Task Force on Older Workers (referred to in also allow work/life balance that is a very grants on the basis that the local areas— this Act as the ‘‘Task Force’’). ‘‘(A) have exceeded the performance meas- important value to individuals as they age. (b) MEMBERSHIP.—The Task Force estab- Extended COBRA coverage would also be a ures established under subsection (c)(2) re- lished pursuant to subsection (a) shall be great encouragement to mature workers lating to indicators described in subsection composed of representatives from all rel- wanting to cut back but not leave the work- (b)(3)(A)(iii); or evant Federal agencies that have regulatory force. Providing the extended COBRA might ‘‘(B) have— jurisdiction over, or a clear policy interest be just the incentive a 62-year-old needs to ‘‘(i) met the performance measures estab- in, issues relating to older workers, includ- continue working part time. The extended lished under subsection (c)(2) relating to in- ing the Internal Revenue Service, the Social COBRA could help employers and older dicators described in subsection (b)(3)(A)(iii); Security Administration, the Equal Employ- workers transition gradually to full retire- and ment Opportunity Commission, and the Ad- ment at a later age. ‘‘(ii) demonstrated exemplary performance ministration on Aging of the Department of A tax credit for eldercare would be a won- in the State in serving hard-to-serve popu- Health and Human Services. derful benefit to seniors that are balancing lations. (c) ACTIVITIES.— the responsibilities of work and taking care ‘‘(3) USE OF FUNDS.—The funds awarded to (1) AFTER ONE YEAR.—Not later than 1 year of a non-dependent individual with signifi- a local area under this subsection may be after the date of establishment of the Task cant health issues. Employers will benefit used to carry out activities authorized for Force, the Task Force shall— from having employees that are more pro- local areas and such innovative projects or (A) identify statutory and regulatory productive because they are worrying less about programs that increase coordination and en- visions in current law that tend to limit op- family responsibilities of direct caregiving.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00135 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22489 Interfaith strongly supports the creation We recognize with a rapidly aging popu- sons, often opt for early retirement at age 62. of a separate set of performance measures for lation, efforts must be made to keep Amer- This results in a loss of insurance benefits, the older worker under the Workforce In- ica’s older workers on the job. The potential and an increased reliance on publicly funded vestment Act. Statistically, mature workers loss of workers, as Baby Boomers begin to health care systems. stay with an employer longer than their retire, has frightening implications for busi- Extending COBRA coverage until age 65 younger co-workers, take fewer sick days, ness, government and the economy. may accommodate an older worker’s need for and are less likely to have an on the job in- Keeping older workers employed is crucial both reduced hours and insurance, thereby jury. This results in increased productivity to keeping America strong and competitive delaying their need for Social Security and and decreased cost to employers. Retention in the global market. Demographics show publicly funded heath care. outcomes should actually be enhanced be- the older worker is the workforce of the fu- ELDERCARE TAX CREDIT cause of the older workers’ work ethic, the ture, and we believe the experience, work Today, employees of any age are often pride they take in their work and their loy- ethic and dedication to quality of the older times faced with choosing between working alty to their employer. worker, will have a positive impact on busi- and the needs of someone dependent upon We are faced with the unique opportunity ness. them for care. This is increasingly true for to expand the use of the Senior Community Government also needs older workers to the older worker. Service Employment Program (SCSEP) remain employed and contributing to the tax Many older workers find they are not able through a strong attachment to the Older base, rather than become consumers of pub- to remain productive at work because the de- Worker Opportunity Act. lic benefits and services. As an example, an mands of caretaking have become so great. A Federal Task Force on Older Workers older worker who remains employed may Often times they will leave their job to de- could be very helpful, especially one that also delay drawing Social Security benefits, vote their time to the care of another. At would include private sector employers, gov- while at the same time continuing to con- times, their loss of productivity could result ernmental agencies, older worker service tribute to the fund through payroll in their termination. In either instance, providers and older workers themselves. withholdings. their employer has lost the benefit of their Sincerely, We also know that older people who re- knowledge and experience, and they have CAROL ESCHNER, main active, both physically and mentally, lost the many benefits of being engaged in Executive Director. live longer and healthier lives. Healthier in- gainful and meaningful employment. PATRICIA DELMENHORST, dividuals are in less need of publicly funded However, studies show older workers who Employment Services health care services. Older people who are receive assistance with their caretaking re- Director. employed are also less likely to need assist- sponsibilities, can maintain their produc- ance from other social service programs such tivity, and therefore remain employed. A tax GOODWILL INDUSTRIES as meal programs, food pantries, subsidized credit to help offset the cost for adult day OF SOUTHEASTERN WISCONSIN, INC., housing, food stamps, and energy assistance. care, in-home care or respite, will help the Milwaukee, WI, September 29, 2005. These programs are already faced with ris- older worker balance their life and work Hon. HERB KOHL, ing demand and shrinking budgets, and ex- needs. U.S. Senate tending employment for older Americans can Further, employers will increasingly be Washington, DC. help delay, or at least reduce, the need for asked to provide assistance for employees DEAR SENATOR KOHL: Goodwill Industries these services. tending to the needs of another. This legisla- of Southeastern Wisconsin, Inc. (Goodwill) is With the many benefits of keeping the tion should consider extending the eldercare pleased to support your Older Workers Act of older worker employed in mind, we would tax credit to employers who offer adult day 2005. like to address each of the five key points of care subsidies or services. As you may know, Goodwill has a long his- your proposal; ACCESS TO THE WORKFORCE INVESTMENT ACT tory of supporting and promoting older EMPLOYER TAX CREDITS workers. Our designation as an ‘‘Elder (WIA) The Baby Boom generation will have a sig- Friendly Workplace’’ with the Wisconsin De- As a provider of employment services to nificant impact on both the workforce and partment of Workforce Development, dem- older adults, we can attest to the fact that the workplace as they continue to age. Em- onstrates our commitment to this remark- older job seekers are routinely excluded from ployers will need to accommodate the unique able group of workers. participation in programs funded by the needs of this cohort, with a key issue being Goodwill, as a leader in the area of work- WIA. WIA service providers often view the flexibility. force development and training, recognizes older job seeker as a potential threat to pro- When an older worker leaves their job, that the nation’s workforce is about to expe- gram performance, as they may only be they take with them years of knowledge and rience a major change. As the ‘‘boomers’’ seeking part-time employment. experience. This sudden loss of expertise neg- move closer to retirement, employers across Though more than 60% of our current cus- atively impacts an organization’s produc- the nation will need to find creative ways to tomers are between the ages of 55 and 64, and tivity, and therefore their bottom line. To keep these individuals engaged. Your pro- seeking full-time employment with benefits, prevent this, older workers need to be offered posed legislation offers many viable solu- a separate set of performance measures for incentives to remain in their jobs. tions that would encourage both employers older job seekers, may alleviate WIA pro- Employers need to consider such concepts and older workers to continue their relation- vider’s fears, and result in improved access as flex time, job sharing, compressed work ship well past the customary retirement age. to WIA services. weeks, telecommuting, part-time employ- Thank you for recognizing and supporting Performance measures in the WIA, particu- ment with pro-rated benefits, and phased re- the tremendous value of the older worker. larly those regarding full-time employment tirement. Many of these new work modes can Goodwill is pleased to support you in this ef- and earnings increase, need to be modified be implemented at little or no cost to the fort. for an older job seeker. Placement into em- employer. All of them will benefit the em- Sincerely, ployment, whether full- or part-time, should ployer through a skilled, experienced, and JOHN L. MILLER, be considered a positive outcome, and the stable workforce. President and C.E.O. earnings increase measure should be re- Using tax credits as an incentive to em- moved altogether. ployers may bring about change, if the credit AGEADVANTAGE, INC., This legislation should also consider an is attractive, and comes with minimal paper- Madison, WI, October 1, 2005. often overlooked employment and training work. Hon. HERB KOHL, program serving older job seekers, the Sen- As further incentive to creating an ‘‘older U.S. Senate, Hart Senate Office Building, ior Community Service Employment Pro- worker friendly’’ workplace, the tax credit Washington, DC. gram (SCSEP). The SCSEP is funded under should be based on the number of flexible op- DEAR SENATOR KOHL: AgeAdvantAge, Inc. Title V of the Older Americans Act of 1965 tions an employer offers, and employers who would like to extend our full support of your (OAA). Administered jointly by the Adminis- hire older workers should receive additional proposed legislation; The Older Worker Op- tration on Aging (AoA) and the Department tax credits. portunity Act of 2005. of Labor (DOL), this unique program pro- AgeAdvantAge is an Area Agency on Aging EXTENSION OF COBRA COVERAGE vides a lower-income, older adult with the overseeing the provision of services funded As you have noted, current COBRA law al- opportunity to learn new skills, and build by the Older Americans Act (OAA) through- lows for only 18 months of continued cov- the experience necessary to transition into out southern and western Wisconsin. We wel- erage if group policy coverage is lost as the employment. come any effort to improve the lives of older result of a reduction in hours. Under many The SCSEP is unique from all other em- people, be it through expansion of aging other circumstances, coverage can be ex- ployment and training programs in many re- services, or the opportunity for those we tended to 36 months. spects. It serves only those aged 55 or older. serve to achieve economic self-sufficiency Older workers who are no longer able to It provides paid training, intensive case through employment. work full-time, typically due to health rea- management, and supportive services to all

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00136 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22490 CONGRESSIONAL RECORD—SENATE October 6, 2005 eligible individuals. And, training activities would be more suitable and would provide a This bipartisan bill is good for the result in services that benefit the general phased beginning to retirement. We urged uninsured and for consumer driven welfare of the community. that the business sector and the federal gov- healthcare. Individuals cannot be ex- The SCSEP is also unique in that it takes ernment change perceptions and attitudes, a ‘‘whole person’’ approach in providing as- and where necessary laws and rules, to make pected to get comfortable making their sistance. As a SCSEP operator. we under- it easier and more attractive for older work- own health care decisions unless they stand that an older person often times has ers to achieve a gradual rather than an im- know how much they will be expected needs other than, or in addition to, employ- mediate retirement. to pay for different services. ment. Being part of the aging network, we We are gratified to see that your bill would I am grateful to Senators RICHARD are able to link our customers with the pro- address many of the problems that we identi- DURBIN and JOHN CORNYN for joining grams and services they need to address non- fied in our 1999 statement. We believe that me as original cosponsors of this bi- your recommended changes in law would employment issues. partisan legislation. I am also pleased Over the past decade, the SCSEP has expe- allow workers to phase into retirement with- rienced a shift in the balance between aging out the financial penalties, in retirement in- that Representatives BOB INGLIS and services and employment services. The AoA come and health coverage, that now can DAN LIPINSKI have introduced com- has admittedly distanced itself from admin- force people into unwilling retirement. With panion legislation in the House. They istration of the program, effectively yielding such an improved incentive to work, our recognize that information is power, its authority to the DOL. As a result, less economy might suffer less of a loss of labor- and this bill is an important step in value is placed on the community service as- force growth, and might make the transition empowering Americans with the tools pects of the program, the connection to the to the retirement of the baby-boom genera- to be smart consumers. I urge my Sen- aging network and aging services is almost tion more easily. We appreciate your efforts on this impor- ate colleagues to support this bill. nonexistent, and the program has actually I ask unanimous consent that the become less accessible to older job seekers. tant issue, and stand ready to help in build- With the upcoming reauthorization of the ing public understanding of the vital and text of the bill be printed in the Older Americans Act, perhaps now is an op- growing role of older workers. RECORD. portune time to revisit the intended purpose Sincerely, There being no objection, the bill was of the SCSEP and explore ways to strength- CHARLES E.M. KOLB, ordered to be printed in the RECORD, as en its services and expand its use. Because it President. follows: is unique from other programs funded under S. 1827 the OAA, and equally unique from the WIA, By Mr. DEMINT (for himself, Mr. Be it enacted by the Senate and House of Rep- perhaps the SCSEP is better placed among DURBIN, and Mr. CORNYN): resentatives of the United States of America in the unique concepts described in the Older S. 1827. A bill to amend the Public Congress assembled, Worker Opportunity Act of 2005. Health Service Act to provide for the SECTION 1. SHORT TITLE. TASK FORCE ON OLDER WORKERS public disclosure of charges for certain hospital services and drugs; to the This Act may be cited as the ‘‘Hospital Finally, the creation of a task force to ad- Price Reporting and Disclosure Act of 2005’’. Committee on Health, Education, dress the on-going needs of the aging work- SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL DATA. force will be vital in assisting business and Labor, and Pensions. Part B of title II of the Public Health Serv- government in implementing the changes Mr. DEMINT. Mr. President, I rise ice Act (42 U.S.C. 238 et seq.) is amended by necessary to keep older workers working. today to offer a bill that would require adding at the end the following new section: A task force comprised not only of govern- hospitals to disclose their charges for ‘‘DATA REPORTING BY HOSPITALS AND PUBLIC mental units, but also of business, service the most common procedures and providers, and older workers themselves, will POSTING prove a great asset as we face the challenges drugs. ‘‘SEC. 249. (a) SEMIANNUAL REPORTING RE- and opportunities presented by an aging This bill recognizes that consumers QUIREMENT.—Not later than 80 days after the workforce, and the need to keep them em- seeking routine hospital services need end of each semiannual period beginning ployed. to know what they are paying so they January 1 or July 1 (beginning more than Senator Kohl, thank you for the oppor- can make educated decisions about one year after the date of the enactment of tunity to comment on, and support The their own health care. This legislation this section), a hospital shall report to the Older Worker Opportunity Act of 2005. We aims to give Americans that informa- Secretary the following data: also thank you for your support of the older tion in a user friendly format. ‘‘(1) The frequency with which the hospital worker as is evidenced in this progressive Specifically, the bill would require performed each service selected under sub- and forward-thinking proposal. paragraph (A) or (B) of subsection (c)(1) in an If we can be of any further assistance, hospitals to regularly report to the inpatient or outpatient setting, respectively, please do not hesitate to call. Secretary of U.S. Department of during such period. Sincerely, Health and Human Services the ‘‘(2) The frequency with which the hospital ROBERT KELLERMAN, amount they charge for the 25 most administered a drug selected under subpara- Executive Director. commonly performed inpatient proce- graph (C) of such subsection in an inpatient MICHAEL KRAUSS, dures, the 25 most common outpatient setting during such period. Older Worker Program procedures, and the 50 most frequently ‘‘(3) If the service was so performed or the Coordinator. administered medications. The Depart- drug was so administered during such period, the average charge and the medium charge ment would then post this information COMMITTEE FOR ECONOMIC by the hospital for such service or drug dur- DEVELOPMENT, on the Internet for easy access. ing such period. Washington, DC, September 28, 2005. Under the current system, patients ‘‘(b) PUBLIC AVAILABILITY OF DATA.— Hon. HERB KOHL, often have no idea what they will be ‘‘(1) PUBLIC POSTING OF DATA.—The Sec- U.S. Senate, Hart Senate Office Building, charged until they receive a bill. This retary shall promptly post, on the official Washington, DC. is a problem because hospital charges public Internet site of the Department of DEAR SENATOR KOHL: on behalf of the Com- vary significantly based on facility and Health and Human Services, the data re- mittee for Economic Development (CED), I procedure. Some hospitals charge one- ported under subsection (a). Such data shall commend you for your leadership in address- be set forth in a manner that promotes ing issues related to the aging of the Amer- hundred and twenty dollars for a chest charge comparison among hospitals. ican workforce with your bill, the Older x-ray while others charge more than ‘‘(2) NOTICE OF AVAILABILITY.—A hospital Worker Opportunity Act. fifteen hundred. Uninsured patients shall prominently post at each admission CED stated several years ago that expand- and those who pay with cash are often site of the hospital a notice of the avail- ing opportunities for older workers would be surprised with unexpected hospital ability of the data reported under subsection crucial to continued prosperity. Our 1999 pol- charges because there is no way for (a) on the official public Internet site under icy statement, ‘‘New Opportunities for Older them to know what they will be paragraph (1). Workers,’’ argued that demographic change charged up front. ‘‘(c) SELECTION OF SERVICES AND DRUGS.— would reduce the growth of our labor force No other industry expects consumers For purposes of this section: well below current rates, absent significant ‘‘(1) INITIAL SELECTION.—Based on national changes in behavior and policy. We noted to commit to buying before they know data, the Secretary shall select the fol- that many workers retire totally and abrupt- the true cost. Patients should have ac- lowing: ly because they have no viable option to con- cess to price information before they ‘‘(A) The 25 most frequently performed tinue working, perhaps at reduced hours that commit to a procedure. services in a hospital inpatient setting.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00137 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22491 ‘‘(B) The 25 most frequently performed alarm about the increasing incidence cination. This bill increases the fund- services in a hospital outpatient setting. of avian influenza. Since December ing for the CDC’s educational initia- ‘‘(C) The 50 most frequently administered 2004, 70 cases of avian influenza have tives, and sets up grants through which drugs in a hospital inpatient setting. been confirmed in Indonesia, Vietnam, State and local health departments, in ‘‘(2) UPDATING SELECTION.—The Secretary shall periodically update the services and Thailand and Cambodia—and 27 of collaboration with health care institu- drugs selected under paragraph (1). these cases have been fatal. In coun- tions, insurance companies, and pa- ‘‘(d) CIVIL MONEY PENALTY.—The Secretary tries across Asia and Europe, farmers tient groups, can increase vaccination may impose a civil money penalty of not have been culling their poultry stocks rates among all Americans, but, in par- more than $10,000 for each knowing violation because of fears of infection. ticular, priority populations. of subsection (a) or (b)(2) by a hospital. The Various agencies—from the Depart- Another major problem with our na- provisions of subsection (i)(2) of section 351A ment of State to the Department of tional influenza supply mechanisms is shall apply with respect to civil money pen- Health and Human Services—have that we rely on production methods alties under this subsection in the same manner as such provisions apply to civil begun to mobilize in preparation for that haven’t kept pace with our other money penalties under subsection (i)(1) of when—not if, but when—avian influ- biomedical advances. In order to make such section. enza hits our shores. a vaccine, strains of influenza virus are ‘‘(e) ADMINISTRATIVE PROVISIONS.— What is particularly worrisome to cultivated in chicken eggs, a non-ster- ‘‘(1) IN GENERAL.—The Secretary shall pre- me, when thinking about our Nation’s ile environment. Many of the contami- scribe such regulations and issue such guide- ability to face the threat posed by pan- nation problems we have seen with vac- lines as may be required to carry out this demic or avian influenza, is the fact cine result when problems arise in this section. that we aren’t even prepared to deal cultivation process. ‘‘(2) CLASSIFICATION OF SERVICES.—The regulations and guidelines under paragraph (1) with the seasonal influenza epidemic Although we’ve got to rely on this shall include rules on the classification of that we face every year. technology for the time being, we need different services and the assignment of Last fall, we witnessed senior citi- to increase research into safer, faster, items and procedures to those services (in- zens lining up for hours to obtain flu and more reliable methods of vaccine cluding inpatient diagnostic related groups vaccine, unscrupulous distributors at- production. This legislation would pro- (DRGs), outpatient procedures, and tests) tempting to sell scarce vaccine to the vide the National Institutes of Health and classification of drugs. For purposes of highest bidder, and millions of Ameri- with increased funding for research the preceding sentence, classification of cans delaying or deferring necessary into alternative forms of vaccine devel- drugs may include unit, strength, and dosage information. flu shots. opment. ‘‘(3) COMPUTATION OF AVERAGE AND MEDIAN This wasn’t the first time that our Of course, vaccine does us no good if CHARGES.— vaccine production and distribution it can’t get to the people who need it, ‘‘(A) IN GENERAL.—The regulations and system has failed. Since 2000, our Na- and in last season’s epidemic, we had guidelines under paragraph (1) shall include tion has experienced three shortages of problems matching existing stocks of a methodology for computing an average influenza vaccine. vaccine to the high priority popu- charge and a median charge for a service or Fortunately, we had a relatively mild lations, like senior citizens, who were drug, in accordance with subparagraph (B). influenza season this past year, but we in need of vaccine. It took weeks before ‘‘(B) METHODOLOGY.—The methodology prescribed by the Secretary under subparagraph cannot count on such luck to save us we could determine how much vaccine (A) shall ensure that the average charge and every time we have a flu vaccine short- was actually in communities, and the median charge for a service or drug re- age. where it was needed. We wasted lots of flect the amount charged before any adjust- Approximately 36,000 Americans die time and resources—valuable public ment based on a rate negotiated with a third of the flu each year, and these deaths health resources—in trying to track party. are largely preventable—we could stop this vaccine. ‘‘(4) FORM OF REPORT AND NOTICE.—The reg- them if we increased immunizations, if This bill sets up a tracking system ulations and guidelines under paragraph (1) we had a secure vaccine market, and if through which the CDC and State and shall specify the electronic form and manner by which a hospital shall report data under we made sure that everyone understood local health departments can share the subsection (a) and the form for posting of no- the importance of vaccines. information they need to ensure that tices under subsection (b)(2). For several years now, I’ve been ask- high priority populations in all parts of ‘‘(f) RULES OF CONSTRUCTION.— ing the Secretary of Health and Human the country will have access to vac- ‘‘(1) NON-PREEMPTION OF STATE LAWS.— Services to undertake reforms to fix cine. Nothing in this section shall be construed as our flu vaccine supply problems, and Improving our system for vaccine preempting or otherwise affecting any provi- the legislation I’m introducing with manufacture and distribution will not sion of State law relating to the disclosure of Senator ROBERTS today provides a only help us in the event of a pan- charges or other information for a hospital. mechanism through which we can de- demic, but will help us every winter ‘‘(2) CHARGES.—Nothing in this section shall be construed to regulate or set hospital velop a stable supply and distribution when senior citizens, children, and charges. system for our seasonal flu vaccine. chronically ill individuals need to get a ‘‘(g) DEFINITIONS.—For purposes of this sec- There is a great deal of risk involved flu shot to protect them from the tion: with developing an annual flu vaccine. virus. ‘‘(1) HOSPITAL.—The term ‘hospital’ has the Because the dominant strain changes I hope that the legislation Senator meaning given such term by the Secretary. from year to year, manufacturers must ROBERTS and I are introducing today ‘‘(2) DRUG.—The term ‘drug’ includes a bio- develop doses on an annual basis, with- will call attention to the immediate logical and a non-prescription drug, such as an ointment.’’. out being able to store or resell any ex- needs of our priority populations, and I cess vaccine the following year. There’s look forward to working with our col- By Mrs. CLINTON (for herself also no steady demand for a flu vac- leagues in the Senate on both seasonal and Mr. ROBERTS): cine, largely because shortages have and pandemic prevention initiatives. S. 1828. A bill to amend the Public confused so many of us as to when we Mr. ROBERTS. Mr. President, I am Health Service Act to improve and se- should or shouldn’t get vaccinated. pleased to be introducing the Influenza cure an adequate supply of influenza This legislation will help create a Vaccine Security Act with Senator vaccine; to the Committee on Health, stable flu vaccine market for manufac- CLINTON today because I believe this Education, Labor, and Pensions. turers by increasing coordination be- legislation is critical to strengthening Mrs. CLINTON. Mr. President, today, tween the public and private sectors, so our public health preparedness here in I am pleased to introduce the Influenza that we can set targets and procedures the U.S. The experiences of the flu vac- Vaccine Security Act with Senator for dealing with both shortages and cine shortage last year made us all Roberts. surpluses before they hit. aware that our system needs improve- In recent months, our public health Stabilizing the vaccine market will ment. This legislation takes a com- professionals have been sounding the also require increasing demand for vac- prehensive approach to addressing the

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00138 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22492 CONGRESSIONAL RECORD—SENATE October 6, 2005 root causes of seasonal flu vaccine underlying public health infrastructure sure we are prepared and can respond shortages by creating stability in the concerns that can help us effectively to all types of public health threats. U.S. vaccine market. respond to pandemic flu. Our vaccine Our legislation requires the Depart- industry here in the U.S. is extremely By Mr. DOMENICI (for himself ment of Health and Human Services to fragile and our manufacturers need the and Mr. BINGAMAN) (by re- set annual production targets for the necessary tools to effectively produce quest): flu vaccine, to stockpile up to 10 per- and deliver vaccines in the event of ei- S. 1829. A bill to repeal certain sec- cent of the vaccine each year in the ther seasonal or pandemic flu. First tions of the Act of May 26, 1936, per- event of a shortage, and to create a and foremost, our legislation ensures taining to the Virgin Islands; to the vaccine buyback program to provide vaccine manufacturers and health care Committee on Energy and Natural Re- market guarantees for our vaccine providers are not held liable in the sources. manufacturers. This legislation also event of a public health emergency in- By Mr. DOMENICI (for himself, provides a much-needed framework for volving pandemic influenza. Without Mr. BINGAMAN, and Mr. AKAKA) public health officials to track vac- this necessary liability protection, the (by request): cines and provides increased education ability to develop or deliver a vaccine S. 1830. A bill to amend the Compact and outreach about getting an annual during an outbreak could be signifi- of Free Association Amendments Act flu vaccine. cantly hampered. of 2003, and for other purposes; to the I now want to turn to some of the Our legislation also encourages im- Committee on Energy and Natural Re- provisions in this legislation that deal proved technologies for influenza vac- sources. with an issue I believe deserves our ut- cine development by providing addi- most attention: pandemic influenza. I tional funding for NIH research into al- By Mr. DOMENICI (for himself think we can agree that we all learned ternative methods of vaccine develop- and Mr. BINGAMAN) (by re- a good lesson from Hurricane Katrina: ment, such as cell-based cultures and a quest): government at all levels must be pre- permanent flu vaccine. Currently, flu S. 1831. A bill to convey certain sub- pared to deal with a large-scale public vaccine production is a strenuous proc- merged land to the Commonwealth of health emergency. Unfortunately, our ess and takes several months, leaving the Northern Mariana Islands, and for government is not currently not pre- us extremely vulnerable in the event of other purposes; to the Committee on pared to deal with pandemic influenza. a large-scale outbreak and a subse- Energy and Natural Resources. Our legislation seeks to address this by quent need for a mass production of Mr. DOMENICI. Mr. President, today strengthening the underlying public vaccines. I join my colleague, the Ranking mem- health infrastructure to heighten our Our legislation encourages more ber of the Committee on Energy and ability to respond to both seasonal and companies to enter the U.S. market Natural Resources, Senator BINGAMAN, pandemic flu. with domestic-based production facili- in introducing three bills, by request, As Chairman of the Senate Intel- ties and to improve the ability of the to make necessary changes to law re- ligence Committee and a member of current manufacturers to remain in garding the U.S.-affiliated islands. both the Senate Agriculture Com- the market. Manufacturers currently Briefly, the bills include: First, legis- mittee and Senate Health, Education, do not have the capacity to simulta- lation requested by the Attorney Gen- Labor and Pensions (HELP), I take the neously produce enough flu vaccine for eral of the Commonwealth of the threat of an influenza pandemic very seasonal flu and an avian flu vaccine in Northern Mariana Islands (CNMI). This seriously. I view it as not only a public the event of an outbreak. We must as- bill accomplishes two objectives—to health concern, but a national security sist our manufacturers in increasing provide the Commonwealth with the concern. The timing for a large-scale production capacity. same ownership and jurisdiction over worldwide influenza outbreak is ripe. Aside from vaccines, our legislation offshore submerged lands as has been Many experts believe the next flu pan- also requires the government to pur- provided to other United States terri- demic will come in the form of avian chase and store additional antiviral tories and to provide a less formal flu. medications, such as Tamiflu, to pro- mechanism for the Governor of the Unlike the seasonal flu, humans have tect against an influenza epidemic. CNMI to raise issues with the Federal no natural immunity to avian flu. A Finally, our legislation provides a Government than the procedures under routine flu shot for more common in- framework to identify public health section 902 of the Covenant that estab- fluenza viruses won’t protect against professionals that can provide services lished the Commonwealth in political the deadly avian flu. The Department in the event of a public health emer- union with the United States. of Health and Human Services is work- gency through the use of a medical per- The legislation also provides a gen- ing with vaccine manufacturers to de- sonnel registry linked at the Federal, eral authorization for the Common- velop a vaccine, but it is unclear when State and local levels. wealth to raise issues arising under and how many doses will be ready. I am pleased to introduce the Influ- provisions of the Covenant with the Other than a vaccine, the only de- enza Vaccine Security Act with Sen- Secretary and for the Secretary to re- fense against a new flu strain such as ator CLINTON today. We need to fix our solve those issues with assistance from avian flu is an antiviral medication seasonal flu vaccine production and other agencies as appropriate. This such as Tamiflu. Currently, the United distribution problems not only to pre- would provide a less formal approach States currently only has enough pills vent future shortages, but also to than the more elaborate procedures for to treat less than one percent, or about strengthen our public health infra- issue resolution set forth under section 2.3 million people. structure in case of pandemic. 902 of the Covenant which require, This is why experts believe the ef- As Senator CLINTON knows, the among other items, the formal appoint- fects of avian flu in the U.S. and HELP Committee will soon be consid- ment of negotiators. Section 902 is around the world could be devastating. ering legislation to develop counter- unique to the Commonwealth and leg- Some have predicted the loss of life measures to protect the U.S. from de- islative approval of a less formal ap- could reach as high as 160–200 million. liberate and natural public health proach may serve to improve Federal- A pandemic might infect a third of the threats. This legislation, known as Bio- commonwealth relations and the abil- U.S. population and cost more than shield II, will present a great oppor- ity of both sides to reach agreements. $100 billion alone in medical treat- tunity to build on the first steps we As with the submerged lands issue, fur- ments. A pandemic of this sort could take in this legislation to protect ther legislation may be required, but also have catastrophic economic or so- against pandemic flu. I look forward to such legislation will likely be easier to cial effects. working with Senator CLINTON and my achieve if both sides are not either tied It is for these reasons I am pleased other colleagues on the committee to up in the processes of 902 or at opposite our legislation addresses some of the deliver a comprehensive package to en- sides in court.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00139 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22493 The second bill, requested by the (2) in the first sentence of subsection (b), (C) in the first sentence of subsection (j), House Delegate from the United States by inserting before the period at the end the by inserting ‘‘the’’ before ‘‘Interior’’. Virgin Islands, Representative DONNA following: ‘‘, including Article X of the Fed- (3) SUPPLEMENTAL PROVISIONS.—Section eral Programs and Services Agreement Be- 105(b)(1) of the Compact of Free Association M. CHRISTENSEN, came as a result of tween the Government of the United States Amendments Act of 2003 (48 U.S.C. Federal court rulings which invali- and the Government of the Republic of the 1921d(b)(1)) is amended by striking ‘‘Trust dated many of the Real Property tax Marshall Islands, as amended under the Fund’’ and inserting ‘‘Trust Funds’’. provisions of the Virgin Islands Code. Agreement to Amend Article X that was (b) TITLE II.— The bill would repeal sections l401-l401e signed by those 2 Governments on June 18, (1) U.S.-FSM COMPACT.—The Compact of of Title 48, of the United States Code to 2004, which shall serve as the authority to Free Association, as amended, between the provide the Government of the United implement the provisions thereof’’. Government of the United States of America SEC. 3. CONFORMING AMENDMENT. and the Government of the Federated States States Virgin Islands the ability to of Micronesia (as provided in section 201(a) of fully regulate real property tax mat- Section 105(f)(1) of the Compact of Free As- sociation Amendments Act of 2003 (48 U.S.C. the Compact of Free Association Amend- ters in the territory. 1921d(f)(1)) is amended by striking subpara- ments Act of 2003 (117 Stat. 2757)) is amend- Finally, the last bill would make sev- graph (A) and inserting the following: ed— eral changes to the Compact of Free ‘‘(A) EMERGENCY AND DISASTER ASSIST- (A) in section 174— Association Amendments Act (CFAAA) ANCE.— (i) in subsection (a), by striking ‘‘courts’’ of 2003 P.L. 108–188, which was enacted ‘‘(i) IN GENERAL.—Subject to clause (ii), and inserting ‘‘court’’; and in December, 2003. Because of the 2003 section 221(a)(6) of the U.S.-FSM Compact (ii) in subsection (b)(2), by striking ‘‘the’’ and section 221(a)(5) of the U.S.-RMI Com- before ‘‘November’’; deadline on the term of the original (B) in section 177(a), by striking ‘‘, or Compact assistance, several issues pact shall each be construed and applied in accordance with the 2 Agreements to Amend Palau’’ and inserting ‘‘(or Palau)’’; were left unresolved. One of these unre- Article X of the Federal Programs and Serv- (C) in section 179(b), strike ‘‘amended Com- solved issues was whether the Republic ice Agreements signed on June 30, 2004, and pact’’ and inserting ‘‘Compact, as amend- of the Marshall Islands (RMI) and the on June 18, 2004, respectively. ed,’’; (D) in section 211— Federated States of Micronesia (FSM) ‘‘(ii) DEFINITION OF WILL PROVIDE FUND- (i) in the fifth sentence of subsection (a), would continue to receive disaster as- ING.—In the second sentence of paragraph 12 by striking ‘‘Trust Fund Agreement,’’ and sistance from FEMA. Since the passage of each of the Agreements described in clause (i), the term ‘will provide funding’ inserting ‘‘Agreement Between the Govern- of P.L. 108–188, the Administration has ment of the United States of America and means will provide funding through a trans- transmitted language to Congress that the Government of the Federated States of fer of funds using Standard Form 1151 or a Micronesia Implementing Section 215 and would provide authority for the RMI similar document or through an interagency, Section 216 of the Compact, as Amended, Re- and FSM to obtain disaster assistance. reimbursable agreement.’’. garding a Trust Fund (Trust Fund Agree- In addition to this new authority, the SEC. 4. CLARIFICATIONS REGARDING PALAU. bill makes several technical changes to ment),’’; Section 105(f)(1)(B) of the Compact of Free (ii) in subsection (b)— P.L. 108–188 Association Amendments Act of 2003 (48 (I) in the first sentence, by striking ‘‘Gov- I look forward to working with my U.S.C. 1921d(f)(1)(B)) is amended— ernment of the’’ before ‘‘Federated’’; and colleagues, the Administration, and of- (1) in clause (ii)(II), by striking ‘‘and its (II) in the second sentence, by striking ficials from the RMI, FSM, and the territories’’ and inserting ‘‘, its territories, ‘‘Sections 321 and 323 of the Compact’’ and U.S. Virgin Islands to move these bills and the Republic of Palau’’; inserting ‘‘Sections 211(b), 321, and 323. The (2) in clause (iii), by striking ‘‘, or the Re- through the process. Compact, as amended,’’; and public of the Marshall Islands’’ and inserting (iii) in the last sentence of subsection (d), I ask unanimous consent that the ‘‘, the Republic of the Marshall Islands, or text of the bills, be printed in the by inserting before the period at the end the the Republic of Palau’’; and following: ‘‘and the Federal Programs and RECORD. (3) in clause (ix)— Services Agreement referred to in section There being no objection, the bills (A) by striking ‘‘Republic’’ both places it 231’’; were ordered to be printed in the appears and inserting ‘‘government, institu- (E) in the first sentence of section 215(b), RECORD, as follows: tions, and people’’; and by striking ‘‘subsection(a)’’ and inserting S. 1829 (B) by striking ‘‘was’’ and inserting ‘‘subsection (a)’’; ‘‘were’’. Be it enacted by the Senate and House of Rep- (F) in section 221— resentatives of the United States of America in SEC. 5. AVAILABILITY OF LEGAL SERVICES. (i) in subsection (a)(6), by inserting ‘‘(Fed- Section 105(f)(1)(C) of the Compact of Free Congress assembled, eral Emergency Management Agency)’’ after Association Amendments Act of 2003 (48 ‘‘Homeland Security’’; and SECTION 1. REPEAL OF CERTAIN LAWS PER- U.S.C. 1921d(f)(1)(C)) is amended by inserting TAINING TO THE VIRGIN ISLANDS. (ii) in the first sentence of subsection (c), before the period at the end the following: ‘‘, (a) REPEAL.—Sections 1 through 6 of the by striking ‘‘agreements’’ and inserting which shall also continue to be available to Act of May 26, 1936 (48 U.S.C. 1401 et seq.), are ‘‘agreement’’; the citizens of the Federated States of Mi- repealed. (G) in the second sentence of section 222, cronesia, the Republic of Palau, and the Re- (b) EFFECTIVE DATE.—The amendment by inserting ‘‘in’’ after ‘‘referred to’’; public of the Marshall Islands who reside in made by this section takes effect on July 22, (H) in the second sentence of the first un- the United States (including territories and 1954. designated paragraph of section 232, by strik- possessions)’’. ing ‘‘sections 102 (c)’’ and all that follows S. 1830 SEC. 6. TECHNICAL AMENDMENTS. through ‘‘January 14, 1986)’’ and inserting Be it enacted by the Senate and House of Rep- (a) TITLE I.— ‘‘section 102(b) of Public Law 108-188, 117 resentatives of the United States of America in (1) SECTION 177 AGREEMENT.—Section Stat. 2726, December 17, 2003’’; Congress assembled, 103(c)(1) of the Compact of Free Association (I) in the second sentence of section 252, by SECTION 1. SHORT TITLE. Amendments Act of 2003 (48 U.S.C. inserting ‘‘, as amended,’’ after ‘‘Compact’’; This Act may be cited as the ‘‘Compacts of 1921b(c)(1)) is amended by striking ‘‘section (J) in the first sentence of the first undes- Free Association Amendments Act of 2005’’. 177’’ and inserting ‘‘Section 177’’. ignated paragraph of section 341, by striking SEC. 2. APPROVAL OF AGREEMENTS. (2) INTERPRETATION AND UNITED STATES ‘‘Section 141’’ and inserting ‘‘section 141’’; Section 101 of the Compact of Free Asso- POLICY.—Section 104 of the Compact of Free (K) in section 342— ciation Amendments Act of 2003 (48 U.S.C. Association Amendments Act of 2003 (48 (i) in subsection (a), by striking ‘‘14 U.S.C. 1921) is amended— U.S.C. 1921c) is amended— 195’’ and inserting ‘‘section 195 of title 14, (1) in the first sentence of subsection (a), (A) in subsection (b)(1), by inserting ‘‘the’’ United States Code’’; and by inserting before the period at the end the before ‘‘U.S.-RMI Compact,’’; (ii) in subsection (b)— following: ‘‘, including Article X of the Fed- (B) in subsection (e)— (I) by striking ‘‘46 U.S.C. 1295(b)(6)’’ and in- eral Programs and Services Agreement Be- (i) in the matter preceding subparagraph serting ‘‘section 1303(b)(6) of the Merchant tween the Government of the United States (A) of paragraph (8) , by striking ‘‘to in- Marine Act, 1936 (46 U.S.C. 1295b(b)(6))’’; and and the Government of the Federated States clude’’ and inserting ‘‘and include’’; (II) by striking ‘‘46 U.S.C. 1295b(b)(6)(C)’’ of Micronesia, as amended under the Agree- (ii) in paragraph (9)(A), by inserting a and inserting ‘‘section 1303(b)(6)(C) of that ment to Amend Article X that was signed by comma after ‘‘may’’; and Act’’; those 2 Governments on June 30, 2004, which (iii) in paragraph (10), by striking ‘‘related (L) in the third sentence of section 354(a), shall serve as the authority to implement to service’’ and inserting ‘‘related to such by striking ‘‘section 442 and 452’’ and insert- the provisions thereof’’; and services’’; and ing ‘‘sections 442 and 452’’;

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00140 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22494 CONGRESSIONAL RECORD—SENATE October 6, 2005 (M) in section 461(h), by striking ‘‘Tele- S. 1831 tionals, they lack full voting represen- communications’’ and inserting ‘‘Tele- Be it enacted by the Senate and House of Rep- tation in the U.S. Congress. Their prob- communication’’; resentatives of the United States of America in lems and concerns are just as deserving (N) in section 462(b)(4), by striking ‘‘of Free Congress assembled, of attention as are those of U.S. citi- Association’’ the second place it appears; and SECTION 1. CONVEYANCE OF CERTAIN SUB- zens who live in the 50 States, and it is (O) in section 463(b), by striking ‘‘Articles MERGED LAND TO THE COMMON- IV’’ and inserting ‘‘Article IV’’. WEALTH OF THE NORTHERN MAR- the committee on Energy and Natural (2) U.S.-RMI COMPACT.—The Compact of IANA ISLANDS. Resources which has the responsibility Free Association, as amended, between the The first section of Public Law 93–435 (48 for considering island issues that are Government of the United States of America U.S.C. 1705) is amended— brought to our attention, and for mak- and the Government of the Republic of the (1) in the second sentence of subsection (b), ing recommendations, as appropriate, Marshall Islands (as provided in section by inserting ‘‘Commonwealth of the North- to the full Senate. 201(b) of the Compact of Free Association ern Mariana Islands,’’ after ‘‘Guam,’’; and The committee is also responsible for Amendments Act of 2003 (117 Stat. 2795)) is (2) by adding at the end the following: ‘‘(e)(1) Subject to valid existing rights, all authorization and oversight of U.S. fi- amended— right, title, and interest of the United States nancial assistance to the freely associ- (A) in section 174(a), by striking ‘‘court’’ in land permanently or periodically covered ated states of the Republic of Palau, and inserting ‘‘courts’’; by tidal water up to but not above the line of (B) in section 177(a), by striking the the Federated States of Micronesia, mean high tide and seaward to a line 3 geo- comma before ‘‘(or Palau)’’; and the Republic of the Marshall Is- graphical miles distant from the coastline of (C) in section 179(b), by striking ‘‘amended lands—three sovereign nations that the territory of the Commonwealth of the Compact,’’ and inserting ‘‘Compact, as were formerly administered by the U.S. Northern Mariana Islands (as modified be- amended,’’; fore, on, or after the date of enactment of as districts of the United Nations Trust (D) in section 211— this subsection by accretion, erosion, or Territory of the Pacific Islands. While (i) in the first sentence of subsection (b), reliction, or in artificially made, filled in, or not under U.S. sovereignty, these na- by striking ‘‘Agreement between the Govern- reclaimed land that was formerly perma- tions enjoy a unique relationship with ment of the United States and the Govern- nently or periodically covered by tidal the U.S. which developed following the ment of the Republic of the Marshall Islands water) are conveyed to the Government of Pacific battles of World War II and Regarding Miliary Use and Operating the Commonwealth of the Northern Mariana Rights’’ and inserting ‘‘Agreement Regard- which continues to be based on our mu- Islands to be administered in trust for the tual interest in security, democracy, ing the Military Use and Operating Rights of benefit of the people of the Commonwealth. the Government of the United States in the ‘‘(2) The conveyance shall be subject to and economic development. Republic of the Marshall Islands concluded clauses (ii), (iv), (v), (vii), (viii), and (ix) of The first bill being introduced, the Pursuant to Sections 321 and 323 of the Com- subsection (b) and subsection (c), except that Compacts of Free Association Amend- pact of Free Association, as Amended each reference to the ‘date of enactment of ments Act of 2005, would make several (Agreement between the Government of the this Act’ in those clauses shall (for the pur- changes to the Compact of Free Asso- United States and the Government of the Re- poses of this subsection) be considered to be ciation Amendments Act, CFAAA, of public of the Marshall Islands Regarding a reference to the date of enactment of this 2003, (Public Law 108–188) which was en- Military Use and Operating Rights)’’; and subsection.’’. acted in December 2003. That law con- (ii) in the last sentence of subsection (e), SEC. 2. AUTHORITY OF SECRETARY TO RESOLVE by inserting before the period at the end the CERTAIN CLAIMS OF THE COMMON- tinued the close relationships that following: ‘‘and the Federal Programs and WEALTH OF THE NORTHERN MAR- were established in 1986 between the Services Agreement referred to in section IANA ISLANDS. U.S. and the Federated States of Mi- 231’’; (a) IN GENERAL.—On the request of the cronesia, FSM, and between the U.S. (E) in section 221(a)— Governor of the Commonwealth of the and the Republic of the Marshall Is- Northern Mariana Islands, the Secretary of (i) in the matter preceding paragraph (1), lands, RMI by revising and extending by striking ‘‘Section 231’’ and inserting ‘‘sec- the Interior may settle any claim of the Commonwealth arising pursuant to any pro- U.S. financial and program assistance tion 231’’; and until 2023. Final consensus was not (ii) in paragraph (5), by inserting ‘‘(Federal vision of the Covenant to Establish a Com- Emergency Management Agency)’’ after monwealth of the Northern Mariana Islands reached in 2003, however, on continu- ‘‘Homeland Security’’; in Political Union with the United States of ation of U.S. disaster assistance pro- (F) in the second sentence of section 232, America, approved by the first section of grams and services to the FSM and by striking ‘‘sections 103(m)’’ and all that Public Law 94–241 (48 U.S.C. 1801 note). RMI. Instead, section 105(f)(1)(A) of the (b) ASSISTANCE.— follows through ‘‘(January 14, 1986)’’ and in- CFAAA directed the Secretary of (1) REQUEST.—The Secretary may request serting ‘‘section 103(k) of Public Law 108-188, assistance from the head of any other Fed- State, in consultation with FEMA, to 117 Stat. 2734, December 17, 2003’’; eral agency in order to expeditiously resolve negotiate disaster assistance agree- (G) in the first sentence of section 341, by any claim described in subsection (a). ments with the FSM and RMI, report striking ‘‘Section 141’’ and inserting ‘‘section (2) PROVISION.—On request, the head of the to Congress on the outcome of the ne- 141’’; Federal agency shall provide the assistance. (H) in section 342— gotiations, and make recommendations (c) AUTHORIZATION OF APPROPRIATIONS.— to Congress on any necessary changes (i) in subsection (a), by striking ‘‘14 U.S.C. (1) IN GENERAL.—There are authorized to be 195’’ and inserting ‘‘section 195 of title 14, to law. appropriated to the Secretary such sums as On August 19, 2004, the State Depart- United States Code’’; and are necessary to carry out subsection (a). (ii) in subsection (b)— (2) OTHER FUNDS.—The Secretary may also ment transmitted new agreements re- (I) by striking ‘‘46 U.S.C. 1295(b)(6)’’ and in- use to carry out subsection (a) any other garding disaster assistance to Congress serting ‘‘section 1303(b)(6) of the Merchant sums that are appropriated for the purpose along with the legislative language Marine Act, 1936 (46 U.S.C. 1295b(b)(6))’’; and of a provision of the Covenant that is subject needed to bring them into effect. Gen- (II) by striking ‘‘46 U.S.C. 1295b(b)(6)(C)’’ to a claim by the Commonwealth. erally, these agreements provide that and inserting ‘‘section 1303(b)(6)(C) of that Mr. BINGAMAN. Mr. President, FEMA and USAID will jointly consult Act’’; (I) in the third sentence of section 354(a), today I join my colleague and the on disaster damage assessments and on by striking ‘‘section 442 and 452’’ and insert- chairman of the Committee on Energy disaster declaration recommendations; ing ‘‘sections 442 and 452’’; and Natural Resources, Senator FEMA will provide all disaster recov- (J) in the first sentence of section 443, by DOMENICI, in introducing three bills, by ery funding consistent with past policy inserting ‘‘, as amended,’’ after ‘‘the Com- request, to make necessary changes to and practice and transfer those funds pact’’; law regarding the U.S.-affiliated is- to USAID which will then administer (K) in the matter preceding paragraph (1) lands. As chairman and ranking minor- all disaster response and recovery ac- of section 461(h)— ity member of this committee, Senator tivities. In addition to approving these (i) by striking ‘‘1978’’ and inserting ‘‘1998’’; DOMENICI and I have a special responsi- new disaster assistance agreements, and (ii) by striking ‘‘Telecommunications’’ and bility for matters relating to our fellow this bill would make several other con- inserting ‘‘Telecommunication’’; and U.S. citizens who live in the territories forming, clarifying, and technical (L) in section 463(b), by striking ‘‘Article’’ of the United States. While the people amendments to the CFAAA of 2003. The and inserting ‘‘Articles’’. of the territories are U.S. citizen or na- second bill being introduced today

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00141 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22495 would convey submerged lands, out to 3 under the covenant, and it authorizes to the U.S. Department of Agriculture. miles, to the Commonwealth of the appropriations for any settlement. It Today, the original site remains intact Northern Mariana Islands, CNMI, and would also allow the Secretary to use as a complete frontier post. Dozens of hopefully resolve a long standing dis- other funds that may have been appro- buildings constructed by the military, pute between the U.S. and the CNMI priated under the covenant for the set- as early as the 1880’s, still stand around over the extent of the CNMI’s terri- tlement of a dispute, if agreed to by the Historic District. torial limit. the CNMI. For example, article VII of The Agricultural Research Service The CNMI became a U.S. territory in the covenant provides annual direct administers the fort site which in- 1976 pursuant to the covenant between spending for capital construction cludes the Grazinglands Research Fa- the U.S. and CNMI, as approved by projects. Disputes that may arise and cility, the Fort Reno Historic District, Public Law 94–241. However, interpreta- be addressed under this new less-formal and the Fort Reno Science Park. tion of the covenant regarding the process include those relating to leases Many of the historic buildings are in CNMI’s territorial limit came into dis- of land for defense purposes, construc- desperate need of restoration. A small pute, and then became the subject of tion of infrastructure, eligibility for agency like the Agricultural Research discussions under the formal govern- Federal programs, or payments due the Service is not financially able to keep ment-to-government consultation pro- CNMI. up with the continued costs of mainte- cedures of the covenant. The U.S. exec- The third bill being introduced today nance of so much aged infrastructure. utive branch took the position that the is requested by the delegate from the Independent studies show that over $18 CNMI had the same territorial limit as United States Virgin Islands, USVI, million is now needed to restore the the other territories—that is 3 miles— Donna Christensen, on behalf of herself most important of the many old offi- while the CNMI claimed a 200-mile ex- and the Governor of the USVI. This bill cers’ quarters and other key buildings. I have been an active supporter of clusive economic zone. After discus- would repeal sections of the United Fort Reno and its facilities. For in- sions deadlocked, the CNMI pursued States Code that were enacted in 1936 stance, several years ago I helped se- their claim in Federal court. Earlier to determine how real property taxes cure a Save America’s Treasures Grant this year, the Federal Appeals court would be assessed in the USVI. These of $300,000 to assist a local historical upheld, in Northern Mariana Islands v. sections were thought to have been ef- organization with the costs of sta- United States, 399 F. 3d 1057, the dis- fectively repealed in 1954 with enact- bilization of exteriors on those deterio- trict court decision that the CNMI not ment of the Virgin Islands Organic rating buildings that are most in need only did not have 200-mile jurisdiction Act—a law that substantially expanded of renovation. In fiscal year 2004, I ar- but did not have a 3-mile limit either. the scope of local self-government. Establishing Federal ownership up to ranged for an appropriation of $2.1 mil- Last year, however, the Third Circuit lion for construction of two green- the mean high-water mark has com- Court of Appeals ruled that the 1936 promised local authority to manage ac- houses for use in research on forage law remains in effect. The court ruling grasses that is conducted by the Agri- tivities in the near-shore areas, such as has, therefore, effectively overturned cultural Research Service at the Fort shoreline permitting activities that are 50 years of local tax law. The simple so- Reno site. normally handled by State and local lution to this situation, which this bill The legislation I am introducing authorities. The District Court is al- proposes, is to repeal the 1936 provi- today will provide a revenue-neutral, lowing the local government to con- sions as soon as possible. This approach non-appropriated source of funding tinue to exercise near-shore jurisdic- is consistent with the intent of the 1954 which will be adequate to restore the tion temporarily. law, and it is consistent with our gen- historical buildings of Fort Reno, so On June 6, 2005, the attorney general eral Federal territorial policy of dele- that they will be here for future gen- of the CNMI wrote to Chairman gating local real property tax policy to erations. DOMENICI and myself requesting that the local government. In addition, this bill authorizes the legislation be enacted to establish a 3- Consideration of these bills is impor- development of the oil and gas that lies mile territorial limit for the CNMI— tant to meeting our Nation’s respon- beneath Fort Reno’s 6,737 acres and the same distance granted the other sibilities to the governments and resi- places those funds in a special account territories. This bill would grant the dents of the islands. I look forward to in the U.S. Treasury that will be uti- CNMI’s request without prejudice to working with Chairman DOMENICI, the lized for restoration and maintenance their right to further appeal their representatives of the island govern- of those facilities. These funds will also claim, and would allow the local gov- ments, the administration, and the be used to assist with handling visitors ernment to continue management of other members of the committee in to the fort, historic interpretation and near-shore areas. considering these bills and reporting related activities. The remaining funds A second provision in this bill, also our recommendations to the Senate. will be used to pay down the national requested by the attorney general of debt. the CNMI, would support an alter- By Mr. INHOFE (for himself and The Fort Reno Mineral Leasing Act native process for the resolution of dis- Mr. COBURN): is fully supported by State legislators, putes between the U.S. and the CNMI. S. 1832. A bill to authorize the Sec- local municipalities, the Chamber of As mentioned above, there is an exist- retary of the Interior to lease oil and Commerce, farm groups, the USDA, ing, but very formal, consultation gas resources underlying Fort Reno, and the ARS Administrator at Fort process established under the covenant Oklahoma, to establish the Fort Reno Reno. which requires the President and the Management Fund, and for other pur- I look forward to seeing this Okla- Governor to designate official rep- poses; to the Committee on Energy and homa-specific legislation enacted and resentatives to hold formal meetings. Natural Resources. am proud to have Senator COBURN as These procedures have generally been Mr. INHOFE. Mr. President, today I my original cosponsor. ineffective because their formality proudly rise to introduce the ‘‘Fort I ask unanimous consent that letters makes compromise difficult, particu- Reno Mineral Leasing Act’’. of support be printed in the RECORD. larly for those representing the CNMI. Fort Reno was established as a fron- There being no objection, the mate- This proposed provision would offer a tier cavalry post in 1874, and it played rial was ordered to be printed in the less formal alternative by indicating a key role in the settlement of the RECORD, as follows: that Congress expects the Secretary of west. It is a historic site of National CITY OF EL RENO, the Interior to take initial responsi- significance and it is listed on the Na- El Reno, OK, September 29, 2005. bility for seeking to resolve disputes. It Hon. JAMES INHOFE, tional Register of Historic places. Over U.S. Senate, Russell Building, would encourage the Secretary, in con- 9,000 visitors view the fort each year. Washington, DC. sultation with the other agencies in- In 1948 the U.S. Army turned its DEAR SENATOR: As you know, the citizens volved, to settle any claim arising lands and buildings, at Fort Reno, over of the City of El Reno and others from across

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00142 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22496 CONGRESSIONAL RECORD—SENATE October 6, 2005 Oklahoma have long maintained a strong in- mary historic site in our area, and it at- Your willingness to carry legislation to terest in restoring the military buildings and tracts over 9,000 visitors annually. It has implement this approach is greatly appre- other historic features at Fort Reno. Fort great potential for tourism and economic de- ciated. The success of the legislation will Reno serves as a focal point for many of this velopment, and that potential cannot be re- mean a great deal to Oklahomans and Amer- community’s cultural and historical events, alized until it is properly restored. I admire icans, as well as the thousands of people who and it is visited by thousands of tourists and appreciate your willingness to introduce visit Fort Reno each year. each year. legislation that will insure that Fort Reno’s Thank you for your consideration in this As vital as Fort Reno is to our community historic buildings are preserved and main- matter. and the State of Oklahoma, it has much tained for future generations of Oklahomans. Sincerely, more potential as a national historic site. Please let me know if I can assist with this STEVE KOUPLEN, That potential cannot be realized until the important effort in any way. President. historic buildings are restored. Cost to re- Sincerely, store this site will be considerable. Not re- MIKE JOHNSON, OKLAHOMA FARMERS UNION, storing this site will cause Americans to lose Oklahoma State Senate, District 22. Oklahoma City, OK, September 30, 2005. a significant piece of our nation’s history. Hon. JAMES INHOFE, When you consider the importance of saving EL RENO CHAMBER OF COMMERCE U.S. Senate, this site for generations to come, the cost is AND DEVELOPMENT CORP., Washington, DC. insignificant by comparison. El Reno, OK, September 29, 2005. DEAR SENATOR INHOFE: On behalf of Okla- The citizens of El Reno are thankful that Hon. JAMES INHOFE, homa Farmers Union and the 100,000 family you have graciously agreed to consider draft- Russell Building, farmers, ranchers and rural citizens our oring legislation that would provide financial Washington, DC. ganization represents, we appreciate your support for restoration and maintenance of DEAR SENATOR: On behalf of the members dedication to Oklahoma and your current ef- Fort Reno’s aged buildings. You are to be and Board of Directors of the El Reno Cham- forts to preserve, restore and maintain Fort commended for acknowledging it is our re- ber of Commerce, I wish to express our grati- Reno here in the heart of our great state. sponsibility to preserve our past for future tude to you for assisting the citizens of this This historical location and buildings, built generations. I sincerely appreciate your re- city and the State of Oklahoma to restore in the 1800s, remains an attraction to thou- spect for our past and vision for our future. one of our most cherished historical assets, sands of Oklahomans and out-of-state tour- Sincerely, the buildings of Fort Reno. New sources of ists each year. DEBBIE HARRISON, funding to restore and maintain the Fort’s Thank you for your interest, and more im- Vice Mayor, City of El Reno. buildings are of critical importance to us. portantly, your efforts to ensure much need- Fort Reno is the principle historic site in our ed funding for this project. The legislation CITY OF EL RENO, area and it attracts almost 10,000 visitors to you are currently working on in regards to OFFICE OF THE CITY MANAGER, our city annually; however, it is badly in Fort Reno will ensure these buildings and El Reno, OK, September 29, 2005. need of repair and maintenance. this historic site will not be lost, but instead Hon. JIM INHOFE, As you know, the costs required to com- will be available for generations to come. We Russell Building, plete a restoration project of this magnitude sincerely appreciate the revenue-neutral ap- Washington, DC. far exceeds the capabilities of any state, proach to financing the restoration of Fort DEAR SENATOR: The purpose of this letter local organization or entity. We appreciate Reno, without increasing our tax burden. is to express my appreciation for your efforts your willingness to assist us with legislation Again, thank you for your active role in on behalf of the citizens of the City of El that will insure that Fort Reno’s historic preservation of Fort Reno and all your ef- Reno, particularly as relates to restoration buildings are preserved and maintained, and forts on behalf of our great state. of historic buildings at Fort Reno. We are made available for the benefit of both Okla- Sincerely, grateful that you assisted with the Save homans and our out-of-state visitors. RAY L. WULF, America’s Treasures grant that recently al- Please let us know if there is anything we President & CEO. lowed work to begin on restoration of one of can do to help with this effort by calling the Fort’s officers quarters, built before 1890. (405) 262–1188. By Mr. JEFFORDS (for himself, Fort Reno is one of our city’s most impor- Sincerely, Mr. SARBANES and Mr. DAYTON): tant resources, and we have long looked for- KAREN NIX, S. 1834. A bill to authorize the Sec- ward to seeing it restored to its former Executive Director. retary of the Department of Housing glory. and Urban Development to make We understand that you intend to intro- OKLAHOMA FARM BUREAU, grants to States for affordable housing duce legislation that could allow more Oklahoma City, OK, October 4, 2005. progress to be made toward complete res- Hon. JIM INHOFE, for low-income persons, and for other toration and future maintenance of the U.S. Senate, Russell Building, purposes; to the Committee on Bank- Fort’s buildings and other historical assets. I Washington, DC. ing, Housing, and Urban Affairs. urge you to do so. The benefits will be con- DEAR SENATOR INHOFE: We appreciate your Mr. JEFFORDS. Mr. President, over siderable, not only for the people of this city, ongoing support for the Ft. Reno Agricul- the past several weeks, in the wake of but for the state of Oklahoma and the Na- tural Research Service Station. As you two hurricanes, we have felt the heart- tion. know, at one time the physical ARS facility break of Americans forced from their Sincerely, had suffered from neglect and the reorga- homes with no return in sight. Safe DOUGLAS D. HENLEY, nization of ARS. Now the physical facility is City Manager. much improved, and the research staff are and affordable housing is not some- doing great work. It is truly an operation in thing we should take for granted. OKLAHOMA STATE SENATE, which many of us take great pride. Today I am introducing the Afford- Oklahoma City, OK, September 29, 2005. I appreciate that you have an interest in able Housing Preservation Act of 2005. Hon. JAMES INHOFE, helping the citizens of Oklahoma to preserve I am proud to be joined by my col- Russell Building, the historical buildings of Fort Reno. Fund- leagues, Senators PAUL SARBANES and Washington, DC. ing is badly needed to restore and maintain MARK DAYTON. This bill provides fed- DEAR SENATOR INHOFE. On behalf of my these buildings, many of which were built as eral matching funds for the acquisition early as the 1880s. I understand you are will- constituents and all citizens of Oklahoma, I and rehabilitation of existing feder- wish to thank you for assisting with efforts ing to introduce legislation that will ensure to obtain funding for restoration of historic that these historic buildings are not lost, but ally-assisted or -insured affordable buildings at Fort Reno. When they learn of are preserved and maintained and made housing properties that are in danger it, many people in my district will be grate- available for viewing and use by future gen- of being lost from the affordable hous- ful for your support. I and others in the Leg- erations of Oklahomans. ing inventory. islature have worked hard to assist those I understand the historic area of the Fort There is a great need for affordable who operate the Fort Reno Visitors Center, has a lot of local support from the commu- housing. All across the country, hous- but the level of funding required to rescue nity, and that you support a revenue-neutral ing is becoming less attainable for and maintain these old structures and other approach to financing the restoration of Fort more and more families. In my own historical resources at the Fort is beyond Reno without increasing our tax burden. Our our abilities. much missed state board member, Henry Jo State of Vermont, renting—let alone Restoration and continued maintenance of VonTungeln, was an active proponent of owning—a home is becoming difficult if the Fort’s buildings are of critical impor- using a revenue-neutral approach to funding not impossible for many families. The tance to all Oklahomans. Fort Reno is a pri- the restoration of the Fort. minimum wage in Vermont is seven

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00143 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22497 dollars. However, a family must earn tion 8 project-based assisted housing, Coast Region; to the Committee on En- almost $28,000 in yearly income to af- and properties that are being pur- vironment and Public Works. ford a two-bedroom apartment, which chased by residents would all be eligi- Mr. JEFFORDS. Mr. President, I rise requires a wage of over $13 per hour. ble for the matching grant funds. I be- today to introduce the Gulf Coast In- For example, in Vermont, a two-bed- lieve that flexibility with the funding frastructure Redevelopment and Re- room apartment costs about $698 per would make this program more effi- covery Act of 2005 on behalf of the mi- month, and a minimum wage earner cient and cost effective, and, most im- nority side of the EPW Committee. We can afford no more than $364 for rent. portantly, more helpful to the recipi- have introduced three bi-partisan bills This trend is not unique to Vermont. ents themselves. to date in our committee’s jurisdiction. Nationwide, the wage needed to afford What’s more important to a family One of them even passed the Senate a two-bedroom apartment is over $15 than a place to call home? Affordable, last week. Those bills, which I would an hour. Approximately one-quarter of quality, and safe housing is the founda- characterize as tweaks to existing au- the U.S. earns less than $10 per hour. tion, literally and figuratively, that thorities, were good first steps and are There are some communities where af- communities are built upon. As the included in the package we introduce fordable housing was never a concern Senate crafts a comprehensive federal today. before, but are now facing a shortage response to the housing crisis, includ- But, we feel that the breadth and the growing ever more severe. I ask unani- ing emergency housing assistance for magnitude of the damage after Hurri- mous consent to have a chart compiled those affected by the hurricanes cane Katrina demands a more signifi- by the National Low Income Housing Katrina and Rita, I am eager to work cant response. As I look at the pictures Coalition (NLIHC), ‘‘State Ranks Based with my colleagues to integrate the of the damage in the areas hit hardest on Two Bedroom Housing Wage’’, in- principles of housing preservation into by Hurricane Katrina, I think of the serted in the RECORD. As my colleagues affordable housing, economic and com- visitors from Terrebonne Parish that read this chart, I encourage them to munity development and revitalization visited me in my office to seek support refer to the NLIHC report issued last initiatives. for flood control projects in Louisiana. year, ‘‘Out of Reach’’, for a more com- STATE RANKS BASED ON TWO BEDROOM HOUSING WAGE At the time, I was struck by the vul- prehensive overview of housing prices nerability of this community to the ef- [Higher Rank = Less Affordable] and diminishing affordability. I found fects of nature. Today, we are seeing this report particularly alarming and Housing those effects firsthand. I have thought eye-opening. Rank State wage for often in the past month of the strong There are several strategies to con- two bedroom FRM spirit shown by those who visited my sider in combating the affordable hous- office, and I know, that while it is al- ing crisis. A comprehensive plan of eco- 52 ...... District of Columbia ...... $22.83 51 ...... California ...... 21.24 most unimaginable today, in a few nomic and community development 50 ...... Massachusetts ...... 20.93 years, there will be thriving commu- and revitalization—from public and 49 ...... New Jersey ...... 20.35 48 ...... Maryland ...... 18.25 nities in Louisiana, Mississippi, and private sector sources—is one strategy 47 ...... New York ...... 18.18 Alabama once again. that has proved successful. Some of the 46 ...... Connecticut ...... 17.90 45 ...... Hawaii ...... 17.60 The bill I am introducing today is increasing need for affordable housing 44 ...... Alaska ...... 17.07 not intended to address every need of is met with the construction of new 43 ...... Nevada ...... 16.92 42 ...... New Hampshire ...... 16.79 every person in the Katrina-affected units. But in many communities, a 41 ...... Colorado ...... 16.64 area. It is a bill that seeks to take ac- stock of affordable housing already ex- 40 ...... Rhode Island ...... 16.29 39 ...... Virginia ...... 16.05 tion for those agencies within the ju- ists, and there is a desire among local 38 ...... Illinois ...... 15.44 risdiction of the EPW Committee to leaders to preserve it. My bill helps 37 ...... Florida ...... 15.37 36 ...... Minnesota ...... 15.07 ensure that they have the authority States, localities, and other entities do 35 ...... Arizona ...... 14.93 and the direction they need. I am a big just that. 34 ...... Washington ...... 14.32 33 ...... Delaware ...... 14.16 believer in a single coordinated Federal The bill I am introducing today, the 32 ...... Georgia ...... 14.12 Affordable Housing Preservation Act of 31 ...... Texas ...... 13.84 disaster response process through the 30 ...... Pennsylvania ...... 13.82 Stafford Act. Our bill complements the 2005, represents an effort to com- 29 ...... Michigan ...... 13.58 plement the good work being done 28 ...... Vermont ...... 13.42 single, coordinated approach, yet rec- 27 ...... Utah ...... 13.36 ognizes the unique conditions in this throughout the country on Section 8 26 ...... Oregon ...... 12.89 initiatives, and it strives to preserve 25 ...... Maine ...... 12.82 case. 24 ...... Wisconsin ...... 12.22 FEMA has shown itself to be ineffec- existing affordable housing. Specifi- 23 ...... Ohio ...... 12.08 cally, this legislation would conserve 22 ...... North Carolina ...... 11.98 tive, in my opinion, largely due to the 21 ...... Missouri ...... 11.85 bureaucracy of the Department of federally-subsidized housing units by 20 ...... Indiana ...... 11.77 providing matching grants to states 19 ...... New Mexico ...... 11.58 Homeland Security and FEMA’s lack of 18 ...... Kansas ...... 11.22 independence. At the time of the cre- and localities, who then may work 17 ...... Idaho ...... 11.20 with other housing entities, seeking to 16 ...... Nebraska ...... 11.08 ation of DHS, I said: I cannot under- 15 ...... South Carolina ...... 11.04 stand why, after years of frustration preserve privately owned, affordable 14 ...... Tennessee ...... 11.04 housing. 13 ...... Louisiana ...... 10.95 and failure, we would jeopardize the 12 ...... Iowa ...... 10.74 Federal government’s effective re- The Secretary of Housing and Urban 11 ...... Montana ...... 10.50 Development, HUD, would make deter- 10 ...... Oklahoma ...... 10.40 sponse to natural disasters by dis- 9 ...... Kentucky ...... 10.23 solving FEMA into this monolithic minations for the grants based on a 8 ...... South Dakota ...... 10.18 number of factors, including the num- 7 ...... Wyoming ...... 10.06 Homeland Security Department. I fear 6 ...... Alabama ...... 9.84 that FEMA will no longer be able to ber of affordable housing units at risk 5 ...... Mississippi ...... 9.79 of being lost and the local market con- 4 ...... Arkansas ...... 9.63 adequately respond to hurricanes, fires, 3 ...... North Dakota ...... 9.48 floods, and earthquakes, begging the ditions in which displaced residents 2 ...... West Virginia ...... 9.31 would have to find comparable new 1 ...... Puerto Rico ...... 7.22 question, who will? (November 20, 2002) housing options. States and localities Today, unfortunately, we know the could use the funds to acquire or reha- By Mr. JEFFORDS (for himself, answer—no one. bilitate housing, which may be done by Mrs. BOXER, Mr. LIEBERMAN, The Federal aid provided for Katrina working with established not-for-profit Mrs. CLINTON, Mr. CARPER, Mr. must be coordinated in a wise, targeted organizations that specialize in pro- LAUTENBERG, Mr. OBAMA, and manner. To perform this task, our bill viding affordable housing. They could Mr. BAUCUS): creates a Federal infrastructure Task use the funds, in part, for administra- S. 1836. A bill to provide for recon- Force to make spending decisions and tive and operating expenses. Properties struction, replacement, and improve- establish Federal investment stand- with mortgages insured by HUD, Sec- ment of infrastructure in the Gulf ards.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00144 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22498 CONGRESSIONAL RECORD—SENATE October 6, 2005 There have been large storms be- alleviate a fuel shortage. Safe Drinking Island annually, for an average of 44 fore—in 1965 Hurricane Betsy hit al- Water Act regulations could be percent of total landings by weight. In most this same area. There will be changed to waive limits on pollutant eight of the years between 1990 and large storms again. This bill recognizes levels in an effort to speed reoccupancy 2003, squid, Illex and loligo, was the that and establishes National Pre- of hurricane-affected areas, putting number one marine species landed in paredness Grants and several readiness public health at risk. Protections for Rhode Island, with a value of between studies to update emergency response minorities or low-income people such $11.6 million and $20.1 million annually. plans, resolve inadequacies, and iden- as OSHA safety regulations or the min- Yet Rhode Island has no voice in the tify infrastructure vulnerabilities. imum wage could be waived. management of these species. To speed economic recovery, the bill I want to help the people of Lou- Following council tradition and Fed- provides 200M to both the Economic isiana, Mississippi, and Alabama. The eral fisheries law, the Rhode Island Development Administration and the people of my home State of Vermont Fishermen’s Fairness Act would create Delta Regional Authority. are appalled at the state of affairs two seats on the MAFMC for Rhode Is- Part of the long-term recovery of the there and want to help. But, I cannot land: one seat nominated by the Gov- region will be the clean-up of the envi- accept a proposal this broad which will ernor of Rhode Island and appointed by ronmental damage. Our bill provides put human health and the environment the Secretary of Commerce, and a sec- direction to EPA to ensure that ade- throughout the Nation at the mercy of ond seat filled by Rhode Island’s prin- quate sampling is performed, that the one President or appointed official cipal State official with marine fishery public knows the results, that drinking with no time limits, no consideration management responsibility. The water and wastewater services are re- of human health or the environment, MAFMC would increase in size from 21 stored, and that cleanups are no public participation, and no guid- voting members to 23. prioritized. ance. Such as effort will only hurt the There is a precedent for this proposed The Army Corps of Engineers has a people of an already devastated region legislation. In 1996, North Carolina’s lot of explaining to do after the levee in the long run, not help them. representatives in Congress succeeded failure in New Orleans. The Corps also We must not just act to help the vic- in adding that state to the MAFMC has a lot of clean up to do and a lot of tims of Katrina. We must act in a through an amendment to the Sustain- rebuilding to do. The flood control sys- thoughtful, meaningful, positive way. able Fisheries Act. Like Rhode Island, tem in place today was built in the The Gulf Coast Infrastructure Rede- a significant proportion of North Caro- wake of the damage caused by Hurri- velopment and Recovery Act of 2005 lina’s landed fish species were managed cane Betsy in 1965. I believe it is crit- meets that test. I urge my colleagues by the MAFMC, yet the State had no ical that we fully evaluate the entire to co-sponsor this legislation. vote on the council. Today, Rhode Is- Corps process to determine what land’s share of total landings for spe- changes should be made. This bill takes By Mr. REED: cies managed by the MAFMC is more only a first step to be sure that we S. 1837. A bill to amend the Magnu- than six times greater than that of don’t simply rebuild what was already son-Stevens Fishery Conservation and North Carolina. in New Orleans without thinking. The Management Act to add Rhode Island I look forward to working with my bill requires the Corps to assess all to the Mid-Atlantic Fishery Manage- colleagues to restore a measure of eq- projects in the area and repair or mod- ment Council; to the Committee on uity to the fisheries management proc- ify them with one comprehensive ap- Commerce, Science, and Transpor- ess by passing the Rhode Island Fisher- proach. tation. men’s Fairness Act. I ask unanimous We establish a National Levee Safety Mr. REED. Mr. President, today I in- consent that the text of the legislation Program in this bill, similar to the troduce the Rhode Island Fishermen’s be printed in the RECORD. Dam Safety Program to be sure our na- Fairness Act of 2005. This legislation There being no objection, the bill was tion’s levees can be counted on. would address a serious flaw in our Na- ordered to be printed in the RECORD, as Finally, our bill allows communities tion’s regional fisheries management follows: that provide incentives for the use of system by adding Rhode Island to the S. 1837 public transportation or ridesharing Mid-Atlantic Fishery Management Be it enacted by the Senate and House of Rep- after a disaster to seek Federal reim- Council (MAFMC), which currently resentatives of the United States of America in bursement. consists of representatives from New Congress assembled, What doesn’t our bill do? Our bill York, New Jersey, Delaware, Pennsyl- SECTION 1. SHORT TITLE. does not waive environmental statutes. vania, Maryland, Virginia, and North This Act may be cited as the ‘‘Rhode Is- Since the Stafford Act was passed in Carolina. land Fishermen’s Fairness Act’’. 1974, there have been thousands of de- The MAFMC manages the following SEC. 2. ADDITION OF RHODE ISLAND TO THE MID-ATLANTIC FISHERY MANAGE- clared disasters. Never before have we 13 species, all of which are landed in MENT COUNCIL. faced a proposal to haphazardly waive Rhode Island: Illex squid, loligo squid, Section 302(a)(1)(B) of the Magnuson-Ste- environmental statutes across the Na- Atlantic mackerel, black sea bass, vens Fishery Conservation and Management tion in the name of economic recovery bluefish, butterfish, monkfish, scup, Act (16 U.S.C. 1852(a)(1)(B)) is amended— in one devastated area. In the last few spiny dogfish, summer flounder, (1) by inserting ‘‘Rhode Island,’’ after weeks several proposals have been in- surfclam, ocean quahog, and tilefish. ‘‘States of’’; troduced to give the President or EPA In 2003, the most recent year for (2) by inserting ‘‘Rhode Island,’’ after ‘‘ex- which final data are available, Rhode cept North Carolina,’’; broad waiver authority in the wake of (3) by striking ‘‘21’’ and inserting ‘‘23’’; and Hurricane Katrina. These proposals put Island fishermen brought in 30 percent (4) by striking ‘‘13’’ and inserting ‘‘14’’. human health and the environment at of MAFMC landings by weight—more risk throughout the Nation by allowing than any of the MAFMC member By Mr. VOINOVICH (for himself permanent waivers to environmental States except New Jersey, which is re- and Ms. COLLINS): or other laws, anywhere in the Nation, sponsible for about 60 percent of total S. 1838. A bill to provide for the sale, to be granted with few or no criteria, MAFMC landings. acquisition, conveyance, and exchange and no public involvement. If Rhode Island fishermen are respon- of certain real property in the District The consequences of such an action sible for a large percentage of overall of Columbia to facilitate the utiliza- could be significant. For example, new MAFMC landings, these species make tion, development, and redevelopment refineries or power generating facili- up an even larger proportion of land- of such property, and for other pur- ties could be built while exempt from ings within Rhode Island every year. poses; to the Committee on Homeland the Clean Air Act, causing long-term Between 1995 and 2003, MAFMC species Security and Governmental Affairs. air quality impacts. Congressional off- represented between 32 percent and 56 Mr. VOINOVICH. Mr. President, shore drilling bans could be waived to percent of all finfish landed in Rhode today I rise to introduce the ‘‘Federal

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00145 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22499 and District of Columbia Government (A) U.S. Reservation 13, subject to the con- stances Control Act (15 U.S.C. 2601, et seq.), Real Property Act of 2005,’’ a bill to au- ditions described in subsection (b); and and the Oil Pollution Act (33 U.S.C. 2701 et thorize the exchange of certain land (B) Old Naval Hospital. seq.) for such property shall be borne by the parcels between the Federal Govern- (2) PROPERTIES DEFINED.—In this section— United States, which shall conduct all envi- (A) the term ‘‘U.S. Reservation 13’’ means ronmental activity with respect to such ment and the District of Columbia. that parcel of land in the District of Colum- properties, and bear any and all costs and ex- This proposal was submitted to Con- bia consisting of the approximately 66 acres penses of any such activity. gress by the administration with sup- which is bounded on the north by Independ- SEC. 102. TERMINATION OF CLAIMS. port of the District. ence Avenue Southeast, on the west by 19th (a) IN GENERAL.—Notwithstanding any As Chairman of the Subcommittee on Street Southeast, on the south by G Street other provision of law, the United States is Oversight of Government Management, Southeast, and on the east by United States not required to perform, or to reimburse the the Federal Workforce and the District Reservation 343, and being the same land de- District of Columbia for the cost of performing, any of the following services: of Columbia, I understand the special scribed in the Federal transfer letter of Octo- ber 25, 2002, from the United States to the (1) Repairs or renovations pursuant to sec- relationship shared with the Federal District of Columbia, and subject to existing tion 4(f) of the Saint Elizabeths Hospital and Government and the District. Because matters of record; and District of Columbia Mental Health Services of this relationship, Congress shares in (B) the term ‘‘Old Naval Hospital’’ means Act (24 U.S.C. 225b(f); sec. 44–903(f), D.C. Offi- the responsibility of ensuring that the the property in the District of Columbia con- cial Code). Nation’s capital remains a socially, sisting of Square 948 in its entirety, together (2) Preservation, maintenance, or repairs economically, and culturally vibrant with all the improvements thereon. pursuant to a use permit executed on Sep- city. (b) CONDITIONS FOR CONVEYANCE OF RES- tember 30, 1987, under which the United ERVATION 13.—As a condition for the convey- States (acting through the Secretary of Under this legislation, the Federal Health and Human Services) granted permis- properties to be transferred to the Dis- ance of U.S. Reservation 13 to the District of Columbia under this section, the District of sion to the District of Columbia to use and trict of Columbia will be put to better Columbia shall agree— occupy portions of the Saint Elizabeths Hos- use. This will free up tax dollars being (1) to set aside a portion of the property for pital property known as the ‘‘West Campus’’. used to maintain the underutilized the extension of Massachusetts Avenue (3) Mental health diagnostic and treatment land to be spent on more important Southeast and the placement of a potential services for referrals as described in section needs facing our Nation. The vast ma- commemorative work to be established pur- 9(b) of the Saint Elizabeths Hospital and Dis- trict of Columbia Mental Health Services jority of the conveyance is contained suant to chapter 89 of title 40, United States Code, at the terminus of Massachusetts Ave- Act (24 U.S.C. 225g(b); sec. 44–908(b), D.C. Of- in three large properties at or near the ficial Code), but only with respect to services Anacostia River: Popular Point, Res- nue Southeast (as so extended) at the Ana- costia River; provided on or before the date of the enact- ervation 13, and several acres of Na- (2) to convey all right, title, and interest of ment of this Act. (b) EFFECT ON PENDING CLAIMS.—Any claim tional Park Service land near Robert the District of Columbia in the portion set of the District of Columbia against the F. Kennedy Stadium. The bill also aside under paragraph (1) to the Secretary of United States for the failure to perform, or would transfer buildings and property the Interior (acting through the Director of to reimburse the District of Columbia for the located on the west campus of St. Eliz- the National Park Service) at such time as cost of performing, any service described in abeth’s Hospital and several smaller the Secretary may require, if a commemora- subsection (a) which is pending as of the date properties from the District of Colum- tive work is established in the manner de- of the enactment of this Act shall be extin- bia to the Federal Government. scribed in paragraph (1); and guished and terminated. (3) to permit the Court Services and Of- TITLE II—STREAMLINING MANAGEMENT Conveying these properties will allow fender Supervision Agency for the District of OF PROPERTIES LOCATED IN THE DIS- the Federal Government to better man- Columbia to continue to occupy a portion of TRICT OF COLUMBIA age its properties. Additionally, the the property consistent with the require- District gains the ability to spur eco- ments of the District of Columbia Appropria- SEC. 201. TRANSFER OF ADMINISTRATIVE JURIS- DICTION OVER CERTAIN PROP- nomic development in Southeast Wash- tions Act, 2002 (Public Law 107–96; 115 Stat. ERTIES. ington, better address the needs of its 931). (a) TRANSFER OF ADMINISTRATIVE JURISDIC- citizens, and increase the local tax (c) DISTRICT OF COLUMBIA PROPERTY TO BE TION FROM DISTRICT OF COLUMBIA TO UNITED CONVEYED TO THE ADMINISTRATOR.—The prop- base. I urge all of my colleagues to sup- STATES.— erty described in this subsection is the real port this legislation and I am confident (1) IN GENERAL.—Administrative jurisdic- property consisting of Building Nos. 16, 37, tion over each of the following properties that it can be enacted this year. 38, 118, and 118–A and related improvements, I ask unanimous consent that the (owned by the United States and as depicted together with the real property underlying on the Map) is hereby transferred, subject to text of the bill be printed in the those buildings and improvements, on the the terms in this subsection, from the Dis- RECORD. West Campus of Saint Elizabeths Hospital, trict of Columbia to the Secretary of the In- There being no objection, the bill was as described in the quitclaim deed of Sep- terior for administration by the Director: ordered to be printed in the RECORD, as tember 30, 1987, by and between the United (A) An unimproved portion of Audubon follows: States and the District of Columbia and re- Terrace Northwest, located east of Linnean corded in the Office of the Recorder of Deeds S. 1838 Avenue Northwest, that is within U.S. Res- of the District of Columbia on October 7, ervation 402 (National Park Service prop- Be it enacted by the Senate and House of Rep- 1987. erty). resentatives of the United States of America in (d) LIMITATION ON ENVIRONMENTAL LIABIL- (B) An unimproved portion of Barnaby Congress assembled, ITY.—Notwithstanding any other provision of Street Northwest, north of Aberfoyle Place SECTION 1. SHORT TITLE. law— Northwest, that abuts U.S. Reservation 545 This Act may be cited as the ‘‘Federal and (1) the District of Columbia shall not be re- (National Park Service property). District of Columbia Government Real Prop- sponsible for any environmental liability, re- (C) A portion of Canal Street Southwest, erty Act of 2005’’. sponse action, remediation, corrective ac- and a portion of V Street Southwest, each of TITLE I—REAL PROPERTY CONVEYANCES tion, damages, costs, or expenses associated which abuts U.S. Reservation 467 (National BETWEEN THE GENERAL SERVICES AD- with the property for which title is conveyed Park Service property). MINISTRATION AND THE DISTRICT OF to the Administrator of General Services (D) Unimproved streets and alleys at Fort COLUMBIA under this section; and Circle Park located within the boundaries of SEC. 101. EXCHANGE OF TITLE OVER RESERVA- (2) all environmental liability, responsi- U.S. Reservation 497 (National Park Service TION 13 AND CERTAIN OTHER PROP- bility, remediation, damages, costs, and ex- property). ERTIES. penses as required by applicable Federal, (E) An unimproved portion of Western Ave- (a) CONVEYANCE OF PROPERTIES.— State and local law, including the Com- nue Northwest, north of Oregon Avenue (1) IN GENERAL.—On the date on which the prehensive Environmental Response, Com- Northwest, that abuts U.S. Reservation 339 District of Columbia conveys to the Admin- pensation and Liability Act (42 U.S.C. 9601 et (National Park Service property). istrator of General Services all right, title, seq.), the Federal Water Pollution Control (F) An unimproved portion of 17th Street and interest of the District of Columbia in Act (known as Clean Water Act) (33 U.S.C. Northwest, south of Shepherd Street North- the property described in subsection (c), the 1251 et seq.), the Clean Air Act (42 U.S.C. 7401 west, that abuts U.S. Reservation 339 (Na- Administrator shall convey to the District of et seq.), the Solid Waste Disposal Act (42 tional Park Service property). Columbia all right, title, and interest of the U.S.C. 6901 et seq.), the Rivers and Harbors (G) An unimproved portion of 30th Street United States in— Act (33 U.S.C. 540 et seq.), the Toxic Sub- Northwest, north of Broad Branch Road

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00146 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22500 CONGRESSIONAL RECORD—SENATE October 6, 2005 Northwest, that is within the boundaries of (5) Portions of U.S. Reservations 343D and TITLE III—POPLAR POINT U.S. Reservation 515 (National Park Service 343E. SEC. 301. CONVEYANCE OF POPLAR POINT TO property). (6) U.S. Reservations 721, 722, and 723. DISTRICT OF COLUMBIA. (H) Subject to paragraph (2), lands over I– SEC. 203. CONVEYANCE OF UNITED STATES RES- (a) CONVEYANCE.—Upon certification by the 395 at Washington Avenue Southwest. ERVATION 174. Secretary of the Interior (acting through the (I) A portion of U.S. Reservation 357 at (a) CONVEYANCE; USE.—If the District of Director) that the District of Columbia has Whitehaven Parkway Northwest, previously Columbia enacts a final plan for the develop- adopted a land-use plan for Poplar Point transferred to the District of Columbia in ment of the former Convention Center Site which meets the requirements of section 302, conjunction with the former proposal for a which meets the requirements of subsection the Director shall convey to the District of residence for the Mayor of the District of Co- (b)— Columbia all right, title, and interest of the lumbia. (1) the Secretary shall convey all right, United States in Poplar Point, in accordance (2) USE OF CERTAIN PROPERTY FOR MEMO- title, and interest of the United States in with this title. RIAL.—In the case of the property for which U.S. Reservation 174 (as depicted on the Map) administrative jurisdiction is transferred (b) WITHHOLDING OF EXISTING FACILITIES to the District of Columbia upon the enact- under paragraph (1)(H), the property shall be AND PROPERTIES OF NATIONAL PARK SERVICE ment of such plan; and used as the site for the establishment of a FROM INITIAL CONVEYANCE.—The Director (2) the District shall use the property so memorial to honor disabled veterans of the shall withhold from the conveyance made conveyed in accordance with such plan. United States Armed Forces authorized to be under subsection (a) the facilities and re- established by the Disabled Veterans’ LIFE (b) REQUIREMENTS FOR DEVELOPMENT lated property (including necessary ease- Memorial Foundation by Public Law 106–348 PLAN.—The plan for the development of the ments and utilities related thereto) which (114 Stat. 1358; 40 U.S.C. 8903 note), except former Convention Center Site meets the re- are occupied or otherwise used by the Na- that the District of Columbia shall retain ad- quirements of this subsection if— tional Park Service in Poplar Point prior to ministrative jurisdiction over the subsurface (1) the plan is developed through a public the adoption of the land-use plan referred to area beneath the site for the tunnel, walls, process; in subsection (a), as identified in such land- footings, and related facilities. (2) during the process for the development use plan in accordance with section 302(c). (b) TRANSFER OF ADMINISTRATIVE JURISDIC- of the plan, the District of Columbia con- SEC. 302. REQUIREMENTS FOR POPLAR POINT TION FROM UNITED STATES TO DISTRICT OF CO- siders at least one version of the plan under LAND-USE PLAN. LUMBIA.—Administrative jurisdiction over which the entire portion of U.S. Reservation (a) IN GENERAL.—The land-use plan for the following property owned by the United 174 which is set aside as open space as of the Poplar Point meets the requirements of this States and depicted on the Map is hereby date of the enactment of this Act shall con- section if the plan includes each of the fol- transferred from the Secretary to the Dis- tinue to be set aside as open space (including lowing elements: trict of Columbia for administration by the a version under which facilities are built (1) The plan provides for the reservation of District of Columbia: under the surface of such portion); and a portion of Poplar Point for park purposes, 1 (1) A portion of U.S. Reservation 451. (3) not less than 1 ⁄4 acres of the former in accordance with subsection (b). (2) A portion of U.S. Reservation 404. Convention Center Site are set aside for open (2) The plan provides for the identification (3) U.S. Reservations 44, 45, 46, 47, 48, and space under the plan. of existing facilities and related properties of 49. (c) FORMER CONVENTION CENTER SITE DE- the National Park Service, and the reloca- (4) U.S. Reservation 251. FINED.—In this section, the ‘‘former Conven- tion of the National Park Service to replace- (5) U.S. Reservation 8. tion Center Site’’ means the parcel of land in ment facilities and related properties, in ac- (6) U.S. Reservations 277A and 277C. the District of Columbia which is bounded on cordance with subsection (c). (7) Portions of U.S. Reservation 470. the east by 9th Street Northwest, on the (3) Under the plan, at least two sites within (c) EFFECTIVE DATE.—The transfers of ad- north by New York Avenue Northwest, on the areas designated for park purposes are ministrative jurisdiction under this section the west by 11th Street Northwest, and on set aside for the placement of potential com- shall take effect on the date of the enact- the south by H Street Northwest. memorative works to be established pursu- ment of this Act. SEC. 204. CONVEYANCE OF PORTION OF RFK STA- ant to chapter 89 of title 40, United States SEC. 202. EXCHANGE OF TITLE OVER CERTAIN DIUM SITE FOR EDUCATIONAL PUR- Code, and the plan includes a commitment PROPERTIES. POSES. by the District of Columbia to convey back (a) CONVEYANCE OF TITLE.— Section 7 of the District of Columbia Sta- those sites to the National Park Service at (1) IN GENERAL.—On the date on which the dium Act of 1957 (sec. 3–326, D.C. Official the appropriate time, as determined by the District of Columbia conveys to the Sec- Code) is amended by adding at the end the Secretary. retary all right, title, and interest of the following new subsection: (4) To the greatest extent practicable, the District of Columbia in each of the prop- ‘‘(e)(1) Upon receipt of a written descrip- plan is consistent with the Anacostia Water- erties described in subsection (b) for use as tion from the District of Columbia of a par- front Framework Plan referred to in section described in such subsection, the Secretary cel of land consisting of not more than 15 103 of the Anacostia Waterfront Corporation shall convey to the District of Columbia all contiguous acres (hereafter in this sub- Act of 2004 (sec. 2–1223.03, D.C. Official Code). right, title, and interest of the United States section referred to as ‘the described parcel’), ESERVATION OF AREAS FOR PARK PUR- in each of the properties described in sub- (b) R with the longest side of the described parcel POSES.—The plan shall identify a portion of section (c). abutting one of the roads bounding the prop- Poplar Point consisting of not fewer than 70 (2) ADMINISTRATION BY NATIONAL PARK erty, within the area designated ‘D’ on the acres (including wetlands) which shall be re- SERVICE.—The properties conveyed by the revised map entitled ‘Map to Designate District of Columbia to the Secretary under served for park purposes and shall require Transfer of Stadium and Lease of Parking this section shall be administered by the Di- such portion to be reserved for such purposes Lots to the District’ and bound by Oklahoma rector upon conveyance. in perpetuity, and shall provide that any per- (b) PROPERTIES TO BE CONVEYED TO THE Avenue Northeast, Benning Road Northeast, son (including an individual or a public enti- SECRETARY; USE.—The properties described the Metro line, and Constitution Avenue ty) shall have standing to enforce the rein this subsection and their uses are as fol- Northeast, and a long-term lease executed by quirement. lows (as depicted on the Map): the District of Columbia that is contingent (c) IDENTIFICATION OF EXISTING AND RE- (1) Lovers Lane Northwest, abutting U.S. upon the Secretary’s conveyance of the de- PLACEMENT FACILITIES AND PROPERTIES FOR Reservation 324, for the closure of a one- scribed parcel and for the purpose consistent NATIONAL PARK SERVICE.— block long roadway adjacent to Montrose with this paragraph, the Secretary shall con- (1) IDENTIFICATION OF EXISTING FACILI- Park. vey all right, title, and interest in the de- TIES.—The plan shall identify the facilities (2) Needwood, Niagara, and Pitt Streets scribed parcel to the District of Columbia for and related property (including necessary Northwest, within the Chesapeake and Ohio the purpose of siting, developing, and oper- easements and utilities related thereto) Canal National Historical Park, for the clos- ating an educational institution for the pub- which are occupied or otherwise used by the ing of the rights-of-way now occupied by the lic welfare, with first preference given to a National Park Service in Poplar Point prior Chesapeake and Ohio Canal. pre-collegiate public boarding school. to the adoption of the plan. (c) PROPERTIES TO BE CONVEYED TO THE ‘‘(2) Upon conveyance under paragraph (1), (2) RELOCATION TO REPLACEMENT FACILI- DISTRICT OF COLUMBIA.—The properties de- the portion of the stadium lease that affects TIES.— scribed in this subsection are as follows (as the described parcel and all the conditions (A) IN GENERAL.—To the extent that the depicted on the Map): associated therewith shall terminate, the de- District of Columbia and the Director deter- (1) U.S. Reservation 17A. scribed parcel shall be removed from the mine jointly that it is no longer appropriate (2) U.S. Reservation 484. ‘Map to Designate Transfer of Stadium and for the National Park Service to occupy or (3) U.S. Reservations 243, 244, 245, and 247. Lease of Parking Lots to the District’, and otherwise use any of the facilities and re- (4) U.S. Reservations 128, 129, 130, 298, and the long-term lease described in paragraph lated property identified under paragraph (1), 299. (1) shall take effect immediately.’’. the plan shall—

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00147 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22501 (i) identify other suitable facilities and re- TITLE IV—GENERAL PROVISIONS hospitals in my State of South Dakota lated property (including necessary ease- SEC. 401. DEFINITIONS. serve as a lifeline to thousands of con- ments and utilities related thereto) in the In this Act, the following definitions apply: stituents living in medically under- District of Columbia to which the National (1) The term ‘‘Administrator’’ means the served areas. They cannot afford to Park Service may be relocated; Administrator of General Services. (ii) provide that the District of Columbia have the cost of their inpatient and (2) The term ‘‘Director’’ means the Direc- outpatient drugs rising faster than the shall take such actions as may be required to tor of the National Park Service. carry out the relocation, including preparing (3) The term ‘‘Map’’ means the map enti- rate of inflation. the new facilities and properties and pro- tled ‘‘Transfer and Conveyance of Properties In 1992, Congress created the 340B viding for the transfer of such fixtures and in the District of Columbia’’, numbered 869/ program to lower the cost of drugs pur- equipment as the Director may require; and 80460, and dated July 2005, which shall be chased by a limited number of entities (iii) set forth a timetable for the relocation kept on file in the appropriate office of the serving a high number of low-income of the National Park Service to the new fa- National Park Service. and uninsured individuals, such as fed- cilities. (4) The term ‘‘Secretary’’ means the Sec- erally qualified health care centers and (B) RESTRICTION ON USE OF PROPERTY RE- retary of the Interior. SERVED FOR PARK PURPOSES.—The plan may nonprofit hospitals providing care to a SEC. 402. LIMITATION ON ENVIRONMENTAL LI- disproportionate share of Medicaid pa- not identify any facility or property for pur- ABILITY. poses of this paragraph which is located on Notwithstanding any other provision of tients. any portion of Poplar Point which is re- law— Under the 340B program, pharma- served for park purposes in accordance with (1) the United States shall not be respon- ceutical manufacturers are required to subsection (b). sible for any environmental liability, re- provide eligible 340B entities discounts (3) CONSULTATION REQUIRED.—In developing sponse action, remediation, corrective ac- on outpatient drugs as part of the man- each of the elements of the plan which are tion, damages, costs, or expenses associated ufacturers’ Medicaid participation required under this subsection, the District with any property for which title is conveyed agreement. The rising cost of prescrip- of Columbia shall consult with the Director. to the District of Columbia under this Act or SEC. 303. CONVEYANCE OF REPLACEMENT FA- tion drugs has created the need to mod- any amendment made by this Act; and ify the 340B program and extend these CILITIES AND PROPERTIES FOR NA- (2) all environmental liability, responsi- TIONAL PARK SERVICE. bility, remediation, damages, costs, and ex- discounts to the inpatient side of dis- (a) CONVEYANCE OF FACILITIES AND RE- penses as required by applicable Federal, proportionate share hospitals, as well LATED PROPERTIES.—Upon certification by state and local law, including the Com- as to critical access hospitals. the Director that the facilities and related prehensive Environmental Response, Com- Today, I and my colleague from New property to which the National Park Service pensation and Liability Act (42 U.S.C. 9601 et is to be relocated under the land-use plan Mexico, Mr. BINGAMAN, are providing seq.), the Federal Water Pollution Control under this title (in accordance with section relief on the cost of drugs purchased by Act (known as Clean Water Act) (33 U.S.C. 302(c)) are ready to be occupied or used by America’s health care providers by in- 1251 et seq.), the Clean Air Act (42 U.S.C. 7401 the National Park Service— troducing the Safety Net Inpatient et seq.), the Solid Waste Disposal Act (42 (1) the District of Columbia shall convey to U.S.C. 6901 et seq.), the Rivers and Harbors Drug Affordability Act. the Director all right, title, and interest in Act (33 U.S.C. 540 et seq.), the Toxic Sub- Our bill extends the 340B discounted the facilities and related property (including stances Control Act (15 U.S.C. 2601, et seq.), drug prices to inpatient drug purchases necessary easements and utilities related and the Oil Pollution Act (33 U.S.C. 2701 et of disproportionate share hospitals and thereto) to which the National Park Service seq.) for any such property shall be borne by allows critical access hospitals to paris to be relocated (without regard to whether the District of Columbia, which shall con- such facilities are located in Poplar Point); ticipate in the 340B program. This not duct all environmental activity with respect and only saves hospitals money on the cost to such properties, and bear any and all costs (2) the Director shall convey to the Dis- of drugs, it relieves them from the bur- and expenses of any such activity. trict of Columbia all, right, title, and inter- den of carrying two different inven- est in the facilities and related property SEC. 403. LIMITATION ON COSTS. tories for inpatient and outpatient The United States shall not be responsible which were withheld from the conveyance of drugs. Poplar Point under section 301(b) and from for paying any costs and expenses incurred by the District of Columbia or any other par- Our legislation also generates sav- which the National Park Service is to be re- ings for the Medicaid program by relocated. ties at any time in connection with effecting (b) RESTRICTION ON CONSTRUCTION PROJECTS the provisions of this Act or any amendment quiring hospitals that participate in PENDING CERTIFICATION OF FACILITIES.— made by this Act, including costs and ex- the 340B program to rebate Medicaid a (1) IN GENERAL.—The District of Columbia penses associated with surveys, zoning, land- percentage of their 340B savings on in- may not initiate any construction project use processes, transfer taxes, recording patient drugs administered to Medicaid with respect to Poplar Point until the Direc- taxes, recording fees, as well as the costs as- patients. Specifically, the Safety Net tor makes the certification referred to in sociated with the relocation of the National Inpatient Drug Affordability Act would subsection (a). Park Service to replacement facilities required under the land-use plan for Poplar require disproportionate share and (2) EXCEPTION FOR PROJECTS REQUIRED TO critical access hospitals to determine PREPARE FACILITIES FOR OCCUPATION BY NA- Point described in section 302(c)(2). TIONAL PARK SERVICE.—Paragraph (1) shall SEC. 404. DEADLINE FOR PROVISION OF DEEDS the acquisition cost of drugs used on not apply with respect to any construction AND RELATED DOCUMENTS. Medicaid patients and apply the min- project required to ensure that the facilities With respect to each property conveyed imum Medicaid rebate percentages ap- and related property to which the National under this Act or any amendment made by plicable to outpatient-dispensed brand Park Service is to be relocated under the this Act, the Mayor of the District of Colum- name and generic drugs. land-use plan under this title (in accordance bia, the Administrator, or the Secretary (as Extending the 340B program to crit- with section 302(c)) are ready to be occupied the case may be) shall execute and deliver a ical access hospitals also helps reduce by the National Park Service. quitclaim deed or prepare and record a transfer plat, as appropriate, not later than 6 expenditures in the Medicare Program. SEC. 304. POPLAR POINT DEFINED. Critical access hospitals are a vital In this title, ‘‘Poplar Point’’ means the months after the property is conveyed. parcel of land in the District of Columbia part of the rural health care delivery which is owned by the United States and By Mr. THUNE (for himself and system. They provide emergency out- which is under the administrative jurisdic- Mr. BINGAMAN): patient and limited inpatient care to tion of the District of Columbia or the Direc- S. 1840. A bill to amend section 340B individuals in remote rural areas. Out tor on the day before the date of enactment of the Public Health Service Act to in- of the 61 hospitals in my State of of this Act, and which is bounded on the crease the affordability of inpatient South Dakota, 37 qualify as critical ac- north by the Anacostia River, on the north- drugs for Medicaid and safety net hos- cess hospitals. east by and inclusive of the southeast ap- pitals; to the Committee on Finance. Outpatient care in critical access proaches to the 11th Street bridges, on the Mr. THUNE. Mr. President, the rising hospitals is reimbursed by Medicare at southeast by and inclusive of Route 295, and on the northwest by and inclusive of the cost of prescription drugs has squeezed 101 percent of reasonable costs. Allow- Frederick Douglass Memorial Bridge ap- not only the budgets of American con- ing critical access hospitals to partici- proaches to Suitland Parkway, as depicted sumers but also the budgets of Amer- pate in the 340B program will lower the on the Map. ica’s health care providers. The rural cost of drugs in the outpatient setting

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00148 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22502 CONGRESSIONAL RECORD—SENATE October 6, 2005 and ultimately lower the cost of care open enrollment period to the entire (2) in paragraph (4), by striking ‘‘2006’’ and provided by these hospitals. Decreasing year of 2006. This will give people added inserting ‘‘2007’’ each place it appears. the cost of care in critical access hos- time to do the research and make the (b) CONFORMING AMENDMENT TO PART D.— pitals lowers the amount the Medicare best decisions for themselves. Section 1860D–1(b)(1)(B)(iii) of such Act (42 2. Protections against bad choices: U.S.C. 1395w–101(b)(1)(B)(iii)) is amended by Program expends on reimbursement. striking ‘‘subparagraphs (B) and (C) of para- The Safety Net Inpatient Drug Af- The bill gives every Medicare bene- graph (2)’’ and inserting ‘‘paragraph (2)(C)’’. fordability Act is commonsense legisla- ficiary the opportunity to make a one- SEC. 4. PROTECTION FROM LOSS OF EMPLOY- tion that reduces the cost of drugs for time change in plan enrollment at any MENT-BASED RETIREE HEALTH COV- health care providers serving society’s point in 2006. Given the importance of ERAGE UPON ENROLLMENT FOR most vulnerable citizens. Lowering the the decision they make, it is appro- MEDICARE PRESCRIPTION DRUG priate to give beneficiaries a one-time BENEFIT DURING 2006. cost of care in these settings means Section 1860D–22(a)(2) (42 U.S.C. 1395w– lowering the cost of health care for all chance to correct an initial mistake 132(a)(2)) is amended by adding at the end the American taxpayers. I look forward to made during the first year of imple- following new subparagraph: working with my colleagues on both mentation. ‘‘(D) PROTECTION FROM LOSS OF EMPLOY- sides of the aisle in getting this bipar- 3. Protections for employer-provided MENT-BASED COVERAGE.—The sponsor of the tisan legislation passed and signed into retiree benefits: This provision would plan may not involuntarily discontinue cov- law. protect employees from being dropped erage of an individual under a group health by their former employer’s plan during plan before January 1, 2007, based upon the By Mr. NELSON of Florida (for the first year of implementation, so individual’s decision to enroll in a prescrip- that beneficiaries have time to correct tion drug plan or an MA–PD plan under this himself, Ms. STABENOW, and Mr. part.’’. ARKIN enrollment mistakes. H ): SEC. 5. EFFECTIVE DATE. S. 1841. A bill to amend title XVIII of The Medicare Informed Choice Act is a small, time-limited step that would The amendments made by this Act shall the Social Security Act to provide ex- take effect as if included in the enactment of tended and additional protection to help ease the pressure of the first year the Medicare Prescription Drug, Improve- Medicare beneficiaries who enroll for of this new drug program. It is also ment, and Modernization Act of 2003 (Public the Medicare prescription drug benefit critical for all those beneficiaries who Law 108–173). during 2006; to the Committee on Fi- face hurdles in obtaining Medicare nance. Part D materials or are unaware that By Mr. ENSIGN (for himself, Ms. Mr. NELSON of Florida. Mr. Presi- they will be penalized by failure to act. MURKOWSKI, Mr. BURNS, Mr. dent, I am pleased to be joined by my We urge all of our colleagues to join us CRAIG, Mr. CRAPO, Mr. INHOFE, colleagues and cosponsors Senators in this effort to help protect Medicare Mr. KYL, Mr. SMITH, and Mr. STABENOW and HARKIN as we introduce beneficiaries during the benefit’s im- STEVENS): the Medicare Informed Choice Act of plementation period. S. 1845. A bill to amend title 28, 2005. This bill provides additional es- I ask unanimous consent that the United States Code, to provide for the sential protections for Medicare bene- text of the bill be printed in the appointment of additional Federal cir- ficiaries during the first year of imple- RECORD. cuit judges, to divide the Ninth Judi- There being no objection, the bill was mentation of the new Medicare pre- cial Circuit of the United States into 2 ordered to be printed in the RECORD, as scription drug benefit. circuits, and for other purposes; to the follows: Medicare beneficiaries are under- Committee on the Judiciary. S. 1841 standably concerned and confused Mr. ENSIGN. Mr. President, I ask about the new benefit. They face a Be it enacted by the Senate and House of Rep- unanimous consent that the text of the resentatives of the United States of America in bill be printed in the RECORD. number of private plan options and Congress assembled, sorting through these plans will be There being no objection, the bill was SECTION 1. SHORT TITLE. ordered to be printed in the RECORD, as complicated. Medicare beneficiaries This Act may be cited as the ‘‘The Medi- follows: will have to make many difficult deci- care Informed Choice Act of 2005’’. sions about what is the best course of SEC. 2. EXTENDED PERIOD OF OPEN ENROLL- S. 1845 action for them. MENT DURING ALL OF 2006 WITHOUT Be it enacted by the Senate and House of Rep- LATE ENROLLMENT PENALTY. resentatives of the United States of America in Choosing the right plan will be a Section 1851(e)(3)(B) of the Social Security Congress assembled, challenge for all beneficiaries, but it Act (42 U.S.C. 1395w–21(e)(3)(B)) is amended— will be most difficult for those who are (1) in clause (iii), by striking ‘‘May 15, SECTION 1. SHORT TITLE. frail and living with problems like de- 2006’’ and inserting ‘‘December 31, 2006’’; and This Act may be cited as the ‘‘The Circuit mentia. The task will be virtually im- (2) by adding at the end the following new Court of Appeals Restructuring and Mod- ernization Act of 2005’’. possible for Hurricane Katrina victims sentence: who do not have permanent addresses ‘‘An individual making an election during SEC. 2. DEFINITIONS. In this Act: and, therefore, won’t even be able to the period beginning on November 15, 2006, and ending on December 15, 2006, shall speci- (1) FORMER NINTH CIRCUIT.—The term obtain Part D materials. Yet, bene- ‘‘former ninth circuit’’ means the ninth judi- ficiaries who do not act by the May 15, fy whether the election is to be effective with respect to 2006 or with respect to 2007 cial circuit of the United States as in exist- 2006 deadline and who enroll at a later (or both).’’. ence on the day before the effective date of this Act. date will face a substantial financial SEC. 3. ONE-TIME CHANGE OF PLAN ENROLL- penalty. MENT FOR MEDICARE PRESCRIP- (2) NEW NINTH CIRCUIT.—The term ‘‘new In response, we are introducing this TION DRUG BENEFIT DURING ALL ninth circuit’’ means the ninth judicial cir- legislation which will provide added OF 2006. cuit of the United States established by the amendment made by section 3(2)(A). protections for beneficiaries during the (a) APPLICATION TO MA–PD PLANS.—Sec- tion 1851(e) of the Social Security Act (42 (3) TWELFTH CIRCUIT.—The term ‘‘twelfth first year of the new program. By de- U.S.C. 1395w–21(e)) is amended— circuit’’ means the twelfth judicial circuit of laying late enrollment penalties and (1) in paragraph (2)(B)— the United States established by the amend- giving every beneficiary a chance to (A) in the heading, by striking ‘‘FOR FIRST ment made by section 3(2)(B). change plans once during the first 6 MONTHS’’; SEC. 3. NUMBER AND COMPOSITION OF CIR- year, we can make sure that our con- (B) in clause (i)— CUITS. stituents are not forced to make hasty (i) by striking ‘‘the first 6 months of 2006’’ Section 41 of title 28, United States Code, decisions they may later regret. and inserting ‘‘2006’’; and is amended— The Medicare Informed Choice Act of (ii) by striking ‘‘the first 6 months during (1) in the matter preceding the table, by 2006’’ and inserting ‘‘2006’’; striking ‘‘thirteen’’ and inserting ‘‘four- 2005 contains three important protec- (C) in clause (ii), by inserting ‘‘(other than teen’’; and tions: during 2006)’’ after ‘‘paragraph (3)’’; and (2) in the table— 1. Delays late enrollment penalties: (D) in clause (iii), by striking ‘‘2006’’ and (A) by striking the item relating to the The bill expands the existing six-month inserting ‘‘2007’’; and ninth circuit and inserting the following:

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00149 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22503 ‘‘Ninth ...... California, Guam, Ha- SEC. 10. SENIORITY OF JUDGES. ‘‘(2) designate and assign temporarily any waii, Northern Mariana The seniority of each judge— district judge within the Twelfth Circuit to Islands.’’; (1) who is assigned under section 8, or hold a district court in any district within and (2) who elects to be assigned under section the Ninth Circuit. (B) by inserting after the item relating to 9, ‘‘(h) Any designations or assignments the eleventh circuit the following: shall run from the date of commission of under subsection (f) or (g) shall be in con- ‘‘Twelfth ...... Alaska, Arizona, Idaho, such judge as a judge of the former ninth cir- formity with the rules or orders of the court Montana, Nevada, Or- cuit. of appeals of, or the district within, as appli- egon, Washington.’’. SEC. 11. APPLICATION TO CASES. cable, the circuit to which the judge is des- SEC. 4. JUDGESHIPS. The following apply to any case in which, ignated or assigned.’’. (a) NEW JUDGESHIPS.—The President shall on the day before the effective date of this SEC. 14. ADMINISTRATION. appoint, by and with the advice and consent Act, an appeal or other proceeding has been The court of appeals for the ninth circuit of the Senate, 5 additional circuit judges for filed with the former ninth circuit: as constituted on the day before the effective the new ninth circuit court of appeals, whose (1) Except as provided in paragraph (3), if date of this Act may take such administra- official duty station shall be in California. the matter has been submitted for decision, tive action as may be required to carry out (b) TEMPORARY JUDGESHIPS.— further proceedings with respect to the mat- this Act and the amendments made by this (1) APPOINTMENT OF JUDGES.—The Presi- ter shall be had in the same manner and with Act. Such court shall cease to exist for ad- dent shall appoint, by and with the advice the same effect as if this Act had not been ministrative purposes 2 years after the date and consent of the Senate, 2 additional cir- enacted. of enactment of this Act. cuit judges for the former ninth circuit court (2) If the matter has not been submitted SEC. 15. AUTHORIZATION OF APPROPRIATIONS. of appeals, whose official duty stations shall for decision, the appeal or proceeding, to- There are authorized to be appropriated be in California. gether with the original papers, printed such sums as may be necessary to carry out (2) EFFECT OF VACANCIES.—The first 2 va- records, and record entries duly certified, this Act, including funds for additional court cancies occurring on the new ninth circuit shall, by appropriate orders, be transferred facilities. court of appeals 10 years or more after judges to the court to which the matter would have are first confirmed to fill both temporary been submitted had this Act been in full SEC. 16. EFFECTIVE DATE. circuit judgeships created by this subsection force and effect at the time such appeal was Except as provided in section 4(c), this Act shall not be filled. taken or other proceeding commenced, and and the amendments made by this Act shall (c) EFFECTIVE DATE.—This section shall further proceedings with respect to the case take effect 12 months after the date of enact- take effect on the date of the enactment of shall be had in the same manner and with ment of this Act. this Act. the same effect as if the appeal or other pro- By Mr. SALAZAR (for himself SEC. 5. NUMBER OF CIRCUIT JUDGES. ceeding had been filed in such court. The table contained in section 44(a) of title (3) If a petition for rehearing en banc is and Mr. ALLARD): 28, United States Code, is amended— pending on or after the effective date of this S. 1848. A bill to promote remediation (1) by striking the item relating to the Act, the petition shall be considered by the of inactive and abandoned mines, and ninth circuit and inserting the following: court of appeals to which it would have been for other purposes; to the Committee ‘‘Ninth ...... 20’’; submitted had this Act been in full force and on Environment and Public Works. effect at the time that the appeal or other and Mr. SALAZAR. Mr. President, I rise proceeding was filed with the court of ap- (2) by inserting after the item relating to to make a statement regarding an im- peals. the eleventh circuit the following: portant bill I am introducing today. It SEC. 12. TEMPORARY ASSIGNMENT OF CIRCUIT ‘‘Twelfth ...... 14’’. JUDGES AMONG CIRCUITS. is a bill that is meant to provide a SEC. 6. PLACES OF CIRCUIT COURT. Section 291 of title 28, United States Code, straightforward and commonsense fix The table contained in section 48(a) of title is amended by adding at the end the fol- to a nettlesome problem that plagues 28, United States Code, is amended— lowing: communities throughout the west: pol- (1) by striking the item relating to the ‘‘(c) The chief judge of the Ninth Circuit lution from abandoned mines. ninth circuit and inserting the following: may, in the public interest and upon request The bill simply says that we should by the chief judge of the Twelfth Circuit, ‘‘Ninth ...... Honolulu, Pasadena, San make life easier for Good Samaritans. Francisco.’’; designate and assign temporarily any circuit Surprisingly, that is not currently the and judge of the Ninth Circuit to act as circuit (2) by inserting after the item relating to judge in the Twelfth Circuit. case. ‘‘(d) The chief judge of the Twelfth Circuit the eleventh circuit the following: The Western United States is may, in the public interest and upon request pockmarked with old mines and min- ‘‘Twelfth ...... Las Vegas, Missoula, by the chief judge of the Ninth Circuit, des- Phoenix, Portland, Se- ing residues, and many of these sites ignate and assign temporarily any circuit attle.’’. continuously pollute the water, the judge of the Twelfth Circuit to act as circuit SEC. 7. LOCATION OF TWELFTH CIRCUIT HEAD- judge in the Ninth Circuit.’’. land, and the air. Our rivers and QUARTERS. streams suffer particularly from this The offices of the Circuit Executive of the SEC. 13. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES AMONG CIRCUITS. type of pollution. Twelfth Circuit and the Clerk of the Court of Section 292 of title 28, United States Code, the Twelfth Circuit shall be located in Phoe- In many cases, no one alive is legally is amended by adding at the end the fol- nix, Arizona. responsible for cleaning these sites. In lowing: other cases, those who are legally re- SEC. 8. ASSIGNMENT OF CIRCUIT JUDGES. ‘‘(f) The chief judge of the United States Each circuit judge of the former ninth cir- Court of Appeals for the Ninth Circuit may sponsible lack the money or other re- cuit who is in regular active service and in the public interest— sources necessary to clean them up, whose official duty station on the day before ‘‘(1) upon request by the chief judge of the and the pollution continues. the effective date of this Act— Twelfth Circuit, designate and assign 1 or Fortunately, some people and some (1) is in California, Guam, Hawaii, or the more district judges within the Ninth Circuit companies are willing to clean up mine Northern Mariana Islands shall be a circuit to sit upon the Court of Appeals of the sites in whole or in part, even though judge of the new ninth circuit as of such ef- Twelfth Circuit, or a division thereof, when- they are not legally responsible. These fective date; and ever the business of that court so requires; (2) is in Alaska, Arizona, Idaho, Montana, are Good Samaritans. and They act for many reasons. Some are Nevada, Oregon, or Washington shall be a ‘‘(2) designate and assign temporarily any circuit judge of the twelfth circuit as of such district judge within the Ninth Circuit to people who live nearby and suffer di- effective date. hold a district court in any district within rectly from the pollution. Others are SEC. 9. ELECTION OF ASSIGNMENT BY SENIOR the Twelfth Circuit. companies that want to perform a serv- JUDGES. ‘‘(g) The chief judge of the United States ice to the community and to address Each judge who is a senior circuit judge of Court of Appeals for the Twelfth Circuit may less fortunate aspects of the history of the former ninth circuit on the day before in the public interest— the mining industry. Still others act the effective date of this Act may elect to be ‘‘(1) upon request by the chief judge of the for other reasons. assigned to the new ninth circuit or the Ninth Circuit, designate and assign 1 or more twelfth circuit as of such effective date and district judges within the Twelfth Circuit to Unfortunately, though, our environ- shall notify the Director of the Administra- sit upon the Court of Appeals of the Ninth mental laws create great risks of tive Office of the United States Courts of Circuit, or a division thereof, whenever the broad, long term, and very expensive li- such election. business of that court so requires; and abilities for anyone who acts at a mine

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00150 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22504 CONGRESSIONAL RECORD—SENATE October 6, 2005 site, even if they act only as Good Sa- S. 1848 (16) if appropriate protections are provided maritans. This problem understandably Be it enacted by the Senate and House of Rep- for Good Samaritans, Good Samaritans will dissuades Good Samaritans from clean- resentatives of the United States of America in have a greater incentive to remediate those Congress assembled, sites for the public good. ing mine sites. (b) PURPOSES.—The purposes of this Act My bill is designed to fix this prob- SECTION 1. SHORT TITLE. are— lem. It is written to encourage meri- This Act may be cited as the ‘‘Cleanup of (1) to encourage partial or complete reme- torious projects to proceed provided Inactive and Abandoned Mines Act’’. diation of inactive and abandoned mining they have the full approval of the gov- SEC. 2. FINDINGS AND PURPOSES. sites for the public good by persons who are ernments involved and full participa- (a) FINDINGS.—Congress finds that— not otherwise legally responsible for the re- (1) the Federal Government and State gov- mediation; tion by the public—all to benefit the (2) to provide appropriate protections for environment. ernments encouraged hard rock mining in the United States through a wide variety of Good Samaritans under applicable environ- This bill intentionally is simple and laws, policies, and actions; mental laws; intentionally straightforward. No Good (2) the mining activities that took place (3) to ensure that remediation performed Samaritan project will proceed unless disturbed public and private land, and those by Good Samaritans creates actual and sig- it creates a true, overall environmental disturbances led to considerable environ- nificant environmental benefits; benefit. No project will gain approval mental pollution; (4) to ensure that remediation by Good Sa- maritans is carried out— unless the U.S. Environmental Protec- (3) many areas in which hard rock mining took place in the United States are now in- (A) with the approval and agreement, and tion Agency, the state involved, and in the discretion, of affected Federal, State, local authorities affected agree that it active and abandoned mine sites; (4) many inactive and abandoned mine and local authorities and with review by the is a good thing. The public will be fully sites pollute the environment today and will public; and involved in the process from the very continue to do so indefinitely unless remedi- (B) in a manner that is beneficial to the beginning. ated; environment and all affected communities; And, finally, the permit system and (5) adits and other tunnels will continue to and (5) to create an efficient permit process the standards in the bill are inten- drain pollutants to surface and ground water through gravity flow; under which the cost and complexity of ob- tionally uncomplicated, so that pertaining a permit are commensurate with the (6) surface runoff will continue to pick up mits for simple projects can be issued scope of remediation work to be completed pollutants as the runoff moves over dis- and the environmental benefits from the using simple proceedings. turbed ground and transports pollutants to work; My idea is to make clear that the surface waters; and (6) to avoid permitting for ongoing, for- work of Good Samaritans is very wel- (7) tailings and other materials left ex- profit businesses that specialize in multiple come. Some cleanup of the environ- posed to the elements will continue to blow Good Samaritan projects that are designed in the wind and pollute the atmosphere and ment in these circumstances is far bet- to be permitted outside otherwise applicable soils; ter than none at all. Federal, State, and local environmental (8) many of the individuals and corporate The bill encourages Good Samaritans laws; and owners and operators of those mines, who to clean pollution by freeing them (7) to ensure that the protections for Good caused this pollution, are no longer alive or Samaritans provided in this Act are inter- from the large environmental liabil- in existence; ities that ordinarily burden anyone preted in accordance with the purposes of (9) some of the remaining owners and oper- this Act and to enhance the public good. who acts to fix the pollution. ators who remain do not have resources that SEC. 3. REMEDIATION OF INACTIVE OR ABAN- The bill applies to the cleanup of are adequate to conduct remediation prop- DONED MINES BY GOOD SAMARI- non-coal inactive and abandoned mines erly under applicable environmental laws, TANS. anywhere in the United States. for all practical purposes leaving no one re- (a) DEFINITIONS.—In this section: sponsible for the cleanup of pollution from Its approach—which wraps all envi- (1) ADMINISTRATOR.—The term ‘‘Adminis- those sites; trator’’ means the Administrator of the En- ronmental requirements for a Good Sa- (10) inactive and abandoned mine sites are vironmental Protection Agency. maritan project into a single permit located in areas of known economic min- (2) COOPERATING AGENCY.—The term ‘‘co- that must be agreed to first by the eralization; operating agency’’ means any Federal, State, Federal Government, the affected (11) modern mining activities often take or local agency or other person (other than State, and local communities—is place on or in the vicinity of the area in the Administrator) that— straightforward. which historic hard rock mining activities (A) is authorized under Federal or State Its inclusion of the states and local took place; law, or local ordinance, to participate in (12) from time to time, individuals and issuing a permit under this section; and communities as well as the affected companies are willing to remediate historic (B) elects to participate in the process of publics—including by assuring that mine sites for the public good as Good Sa- issuing the permit. State and local authorities have a say maritans, despite the fact that these individ- (3) ENVIRONMENTAL LAW.—The term ‘‘envi- in the provision of any permit—are uals and companies are not legally required ronmental law’’ includes— based on the best traditions of the to remediate the mine sites; (A) the Toxic Substances Control Act (15 west. (13) Good Samaritan remediation activities U.S.C. 2601 et seq.); And its impact is clear—only projects may— (B) the Federal Water Pollution Control (A) vary in size and complexity; Act (33 U.S.C. 1251 et seq.); that benefit the environment will be (B) reflect the myriad ways that mine res- (C) the Safe Drinking Water Act (42 U.S.C. permitted, and the work done pursuant idue may be cleaned up; and 300f et seq.); to that permit will be afforded clear (C) include, among other activities— (D) the National Environmental Policy Act legal protection. (i) the relocation or management of of 1969 (42 U.S.C. 4321 et seq.); I am proud of this bill. It is the result tailings or other waste piles; (E) the Solid Waste Disposal Act (42 U.S.C. of a series of meetings I held around (ii) passive or active water treatment; 6901 et seq.); my state earlier this year. And it is en- (iii) runoff or run-on controls; and (F) the Clean Air Act (42 U.S.C. 7401 et dorsed by the National Mining Associa- (iv) the use or reprocessing of, or removal seq.); of materials from, mine residue; (G) the Uranium Mill Tailings Radiation tion, the Colorado Mining Association, (14) the potential environmental liabilities Control Act of 1978 (42 U.S.C. 7901 et seq.); and the Great State of Colorado. that may attach to those Good Samaritans (H) the Comprehensive Environmental Re- It is the right thing to do, and I look as a result of the remediation can dissuade sponse, Compensation, and Liability Act of forward to working with my colleagues those Good Samaritans from acting for the 1980 (42 U.S.C. 9601 et seq.); to ensure its enactment. public good; (I) applicable environmental laws of a I ask unanimous consent that the (15) it is in the interest of the United State; and text of my bill be printed in the States, the States, and local communities to (J) applicable environmental ordinances of remediate historic mine sites, in appropriate a political subdivision of a State. RECORD. circumstances and to the maximum extent (4) GOOD SAMARITAN.—The term ‘‘Good Sa- There being no objection, the bill was practicable, so that the environmental im- maritan’’ means a person that— ordered to be printed in the RECORD, as pacts of the sites are lessened into the fu- (A) is unrelated, by operation or ownership follows: ture; and (except solely through succession to title), to

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00151 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22505 the historic mine residue to be remediated (ii) the conduct of the proposed remedi- (A) all persons that may be legally respon- under this section; ation project at the listed mine site will not sible for the remediation of the mine site; (B) had no role in the creation of the his- interfere with any other remediation at the and toric mine residue; mine site that is reasonably likely to occur; (B) any relationship between those persons (C) had no significant role in the environ- and and the applicant; mental pollution caused by the historic mine (iii) except for the remediation project pro- (5) a certification that the applicant knows residue; and posed by the Good Samaritan at the mine of no other person that (as of the date of sub- (D) is not liable under any Federal, State, site under this Act, there is not likely to be mission of the application)— or local law for the remediation of the his- remediation of the historic mine residue that (A) is potentially legally responsible for toric mine residue. is the subject of the project at the listed the remediation of the mine site; and (5) HISTORIC MINE RESIDUE.— mine site in the reasonably foreseeable fu- (B) has sufficient resources to complete the (A) IN GENERAL.—The term ‘‘historic mine ture; remediation; residue’’ means mine residue or conditions at (D) the permit shall authorize only those (6) a detailed description of the historic an inactive or abandoned mine site that pol- activities that are directly required for the mine residue to be remediated; lute the environment. remediation of historic mine residue at the (7) a description of the baseline conditions (B) INCLUSIONS.—The term ‘‘historic mine mine site; (as of the date of submission of the applica- residue’’ may include, among other mate- (E) the person obtaining the permit shall tion) of the environment affected by the his- rials— be a Good Samaritan; and toric mine residue to be remediated; (i) ores; (F) a State remediation program described (8) a description of— (ii) minerals; in subsection (d) shall be in effect for reme- (A) the nature and scope of the proposed (iii) equipment (or materials in equip- diation of the mine site. remediation; and ment); (2) OTHER ACTIVITIES.—Any activity other (B) detailed engineering plans for the (iv) wastes from extractions, beneficiation, than the activities described in paragraph project; or other processing; and (1)(D) conducted by the permittee or any (9) a description of the manner in which (v) acidic or otherwise polluted flows in other person at the mine site (including, the remediation will assist the mine site in surface or ground water. without limitation, any mining or processing meeting, to the maximum extent reasonable (6) INACTIVE OR ABANDONED MINE SITE; MINE in addition to that required for the remedi- and practicable under the circumstances, SITE.—The terms ‘‘inactive or abandoned ation of historic mine residue for the public water quality standards; mine site’’ and ‘‘mine site’’ mean the site of good)— (10) a schedule for the work to be carried a mine and associated facilities that— (A) shall not be authorized under a permit out under the project; (A) were used for the production of a min- issued under this section; and (11) a budget for the work to be carried out eral other than coal; (B) may be authorized under other applica- under the project; (B) have historic mine residue; and ble laws, including environmental laws. (12) a description of financial assurances, if (C) are abandoned or inactive as of the date any, to be provided by the permittee to en- (d) STATE REMEDIATION PROGRAM.— on which an application is submitted for a sure that the permitted work, including any (1) IN GENERAL.—Before a permit may be permit under this section. operation and maintenance, will be com- issued to carry out a project in a State under pleted; (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ this section, the State shall have in effect a (13) a description of a monitoring program has the meaning given the term in section 4 State remediation program that meets the following remediation (if any) that will be of the Indian Self-Determination and Edu- requirements of this subsection. implemented to evaluate the effects of the cation Assistance Act (25 U.S.C. 450b). (2) REQUIREMENTS.—To meet the require- remediation on the environment; (8) PERSON.—The term ‘‘person’’ includes— ments of this subsection, under the State re- (14) a detailed plan for the required oper- (A) an individual; mediation program, the State shall— ation and maintenance of any remediation; (B) a firm; (A) agree to participate, as a signatory, in and (C) a corporation; each project for a which a permit for remedi- (15) a list of all environmental laws for (D) an association; ation in the State is issued under this sec- which the applicant seeks the protection de- (E) a partnership; tion; scribed in paragraphs (1) and (2) of sub- (F) a consortium; (B) agree that a permittee shall comply section (g). (G) a joint venture; with the terms and conditions of the permit (f) PERMIT ISSUANCE.— (H) a commercial entity; in lieu of compliance with applicable envi- (1) IN GENERAL.—The Administrator may (I) a nonprofit organization; ronmental laws specifically described in the issue a permit under this section to carry (J) the Federal Government; permit in accordance with subsection out a project for the remediation of an inac- (K) a State; (h)(1)(B); tive or abandoned mine site in a State only (L) a political subdivision of a State; (C) authorize State agencies and political if— (M) an interstate entity; and subdivisions of the State to participate in (A) the Administrator determines that— (N) a commission. the permit process under this section, as ap- (i) the project will improve the environ- (9) STATE.—The term ‘‘State’’ means— propriate, and assist in providing the re- ment on or in the area of the mine site to a (A) a State; and sources to enable that participation; and significant degree, as determined by the Ad- (B) an Indian tribe. (D) designate a lead State agency that is ministrator; (b) PERMITS.—The Administrator may responsible to carry out permitting respon- (ii) the project will not degrade any aspect issue a permit to a Good Samaritan to carry sibilities of the State under this section. of the environment in any area to a signifi- out a project to remediate all or part of an cant degree; inactive or abandoned mine site in accord- (e) APPLICATION FOR PERMITS.—To obtain a (iii) the project will meet applicable water ance with this section. permit to carry out a project to remediate quality standards, to the maximum extent (c) ELIGIBILITY FOR PERMITS.— an inactive or abandoned mine site under reasonable and practicable under the cir- (1) IN GENERAL.—To be eligible for a permit this section, an applicant shall submit to the cumstances; to carry out a project to remediate an inac- Administrator an application, signed by the (iv) the permittee has the financial and tive or abandoned mine site in a State under applicant, that provides— other resources to complete, and will com- this section— (1) a description of the mine site (including plete, the permitted work; and (A) the mine site shall be located in the the boundaries of the mine site); (v) the project meets the requirements of United States; (2) an identification of— this section; (B) the principal purpose of the project (A) any current owner or operator of the (B) the State concurs with the issuance of, shall be the reduction of pollution caused by mine site; and and signs, the permit; historic mine residue; (B) any person with a legal right to exclude (C) if the permit provides protection for (C) the mine site may not be a mine site other persons from the mine site or affect ac- the permittee under an environmental law of included on the national priorities list under tivities on the mine site, with a description a political subdivision of a State in accord- section 105(a)(8)(B) of the Comprehensive En- of those legal rights; ance with paragraphs (1) and (2) of sub- vironmental Response, Compensation, and (3) evidence satisfactory to the Adminis- section (g), the political subdivision concurs Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)) trator that the applicant has or will acquire with the issuance of, and signs, the permit; except in a case in which the Administrator all legal rights necessary to enter the mine and determines, on a case-by-case basis, that— site and to perform the remediation de- (D) if the proposed project is to be carried (i) the remediation project proposed to be scribed in the application; out on Federal land, each State (or political carried out at the mine site is minor as com- (4) a description, based on the conduct of subdivision) within which the Federal land is pared to all remediation activity needed at an inquiry that is reasonable under the cir- located meets the requirements of subpara- the listed mine site; cumstances, of— graphs (B) and (C).

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(2) DISCRETIONARY ACTIONS.—The issuance (B) OPTION TO DECLINE REMEDIATION.—In provide to the public a notice that provides of a permit by the Administrator, and the the event that investigative sampling is au- the information described in paragraph (1). concurrence of the affected State and polit- thorized, the permit may allow the per- (3) HEARING.— ical subdivisions of a State to participate in mittee to decline to undertake remediation (A) IN GENERAL.—Not later than 45 days the permit process, shall be discretionary ac- based upon sampling results. after the date of receipt of a complete appli- tions and shall be taken in the public inter- (C) PERMIT MODIFICATION.—Based upon cation for the remediation of a mine site est. sampling results, a permittee may apply for under this section, the Administrator shall (3) FUNCTIONAL EQUIVALENCY.—No action of a permit modification using the permit pro- hold a hearing in the vicinity of the mine the Administrator or any other person pur- cedures in this Act. site to be remediated. suant to this section shall constitute a (3) TIMING.—Work authorized under a per- (B) COMMENTS.—At the hearing, the Ad- major Federal action significantly affecting mit shall— ministrator shall provide the applicant, the the quality of the human environment under (A) commence not later than the date that public, and cooperating agencies with the op- the National Environmental Policy Act (42 is 18 months after the date of issuance of the portunity to comment on the application. U.S.C. 4321 et seq.). permit; and (4) NOTICE OF PENDING ISSUANCE.—Not less (4) DEADLINE.— (B) continue until completed, with tem- than 14 days before the date of issuance of a (A) IN GENERAL.—The Administrator shall porary suspensions permitted during adverse permit for the remediation of a mine site issue or deny a permit for the remediation of weather or other conditions specified in the under this section, the Administrator shall a mine site not later than— permit. provide to the public and each cooperating (i) the date that is 180 days after the date (4) SIGNATURE BY PERMITTEE.—The signa- agency notice of the pending issuance of the of receipt by the Administrator of an appli- ture of the permittee on the permit shall be permit. cation for the permit that, as determined by considered to be an acknowledgment by the (5) PUBLIC RECORDS.—All records relating the Administrator, is complete; or permittee that the permittee accepts the to the permit and the permit process shall be (ii) such later date as may be determined terms and conditions of the permit. considered to be public records, except to the by the Administrator with the agreement of (5) TRANSFER OF PERMITS.—A permit may extent the records are subject to a legal the applicant. be transferred to another person only if— privilege. (B) CONSTRUCTIVE DENIAL.—If the Adminis- (A) the Administrator determines that the (l) MONITORING.— trator fails to issue or deny the permit in ac- transferee will satisfy all of the require- (1) IN GENERAL.—The permittee shall take cordance with subparagraph (A), the applica- ments of the permit; such actions as the Administrator deter- tion shall be considered to be denied by the (B) the transferee signs the permit; and mines are necessary to ensure appropriate Administrator. (C) the Administrator includes in the baseline and post-remediation monitoring of (5) REVIEW FOR CERTAIN PROJECTS.—A transferred permit any additional conditions the environment under paragraphs (7) and project that, as determined by the Adminis- necessary to meet the goals of this section. (13) of subsection (e). trator, would be less complex, or pose less (6) TERMINATION OF PERMIT.—The authority (2) ADMINISTRATION.—When selecting the risk, than other projects under review by the to carry out work under a permit issued type and frequency of the monitoring re- Administrator for a permit under this sec- under this section shall terminate if the quirements to be included in a permit, if tion, may be reviewed, at the discretion of work does not commence by the date that is any, the Administrator shall— the Administrator, under a more simple and 18 months after the date of issuance of the (A) balance the need for monitored infor- rapid review process under this subsection. permit. mation against the cost of the monitoring, (g) EFFECT OF PERMITS.— (i) ROLE OF ADMINISTRATOR.—In carrying based on the circumstances relating to the (1) IN GENERAL.—A permit issued under this out this section, the Administrator shall— remediation; and section to carry out a project for the remedi- (1) consult with prospective applicants; (B) take into account the scope of the ation of an inactive or abandoned mine site— (2) accept permit applications under this project. (A) authorizes the permittee to carry out section; (3) MULTIPARTY MONITORING.—The Admin- the activities described in the permit; (3) convene, coordinate, and lead the appli- istrator may approve in a permit the con- (B) authorizes enforcement under this sec- cation review process; duct of monitoring by multiple parties if, as tion; and (4) maintain all records relating to the per- determined by the Administrator, the (C) provides to the permittee, in carrying mit and the permit process; multiparty monitoring will effectively ac- out the activities authorized under the per- (5) provide an opportunity for cooperating complish the goals of this section. mit, protection from actions taken, obliga- agencies and the public to participate in the (m) ENFORCEMENT.— tions, and liabilities arising under the envi- permit process; (1) CIVIL PENALTY.—Any person who vio- ronmental laws specified in the permit. (6) issue the permit under this section, if lates a permit issued under this section shall (2) CROSS-COMPLIANCE.—A permittee shall appropriate; and be subject to a civil penalty of up to $10,000 comply with the terms and conditions of a (7) enforce and otherwise carry out this for each day of the violation. permit issued under this section in lieu of section. (2) INJUNCTIONS.— compliance with the environmental laws (j) COOPERATING AGENCIES.—If the Admin- (A) IN GENERAL.—A court may issue an in- specified in the permit with respect to the istrator learns that an application for the re- junction— work authorized under the permit. mediation of a mine site under this section (i) mandating that a person comply with a (h) CONTENT OF PERMITS.— will be submitted to the Administrator, the permit or take action to abate a permit vio- (1) IN GENERAL.—A permit issued under this Administrator shall (as soon as practicable) lation; or section shall contain— provide a notice of the application to— (ii) prohibiting a person from violating a (A) a detailed description of the engineer- (1) the lead State agency designated under permit. ing and other work that is authorized under subsection (d)(2)(D); (B) MINIMUM REQUIREMENT.—In the event of the permit; (2) each local government located within a a permit violation, and absent extraordinary (B) a specific list of environmental laws, or radius of 20 miles of the mine site; and circumstances, the court shall, at a min- selected provisions of environmental laws, (3) each Federal and State agency that imum, require— with respect to which compliance with the may have an interest in the application. (i) the permittee to repair the damage to permit will operate in lieu of compliance (k) PUBLIC PARTICIPATION.— any part of the environment that is caused with the laws; (1) POTENTIAL SUBMISSION OF APPLICA- by an action of the permittee in violation of (C) a provision that states that the per- TIONS.—If the Administrator learns that an the permit; and mittee is responsible for securing, for all ac- application for the remediation of a mine (ii) the environment to be restored to the tivities authorized under the permit, all au- site under this section will be submitted to condition of the environment prior to the ac- thorizations, licenses, and permits that are the Administrator, the Administrator shall tion of the permittee in violation of the per- required under applicable law, other than the (as soon as practicable) provide to the public mit. environmental laws described in subsection a notice that describes— (3) AGENCIES.—Any government agency (g)(2); and (A) the location of the mine site; that signs a permit issued under this section (D) any other terms and conditions that (B) the scope and nature of the proposed may enforce the permit through appropriate are determined to be appropriate by the Ad- remediation; and administrative or judicial proceedings. ministrator. (C) the name of the Good Samaritan that (n) JUDICIAL REVIEW.—A court may set (2) INVESTIGATIVE SAMPLING.— will be carrying out the proposed remedi- aside or modify an action of the Adminis- (A) IN GENERAL.—A permit may identify an ation. trator in issuing a permit under this section, appropriate program of investigative sam- (2) RECEIPT OF APPLICATION.—If the Admin- or an action of a State or political subdivi- pling to be completed prior to remediation, istrator receives an application for the reme- sion of a State in signing a permit, only on as determined by the Administrator upon ap- diation of a mine site under this section, the clear and convincing evidence of an abuse of plication. Administrator shall (as soon as practicable) discretion.

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(o) SAVINGS PROVISIONS.— of 2005 are each amended by striking ‘‘De- (1) secures the maximum technically fea- (1) EMERGENCY AUTHORITY.—Nothing in cember 31, 2005’’ and inserting ‘‘the date of sible and cost-effective fuel savings; this section affects the authority of a Fed- the enactment of the Rapid Efficiency Credit (2) does not adversely affect tire safety; eral, State, or local agency to carry out any Act of 2005’’. (3) does not adversely affect average tire emergency authority, including an emer- SEC. 3. CREDIT FOR ENERGY STAR COMPLIANT life; and gency authority provided under any environ- COMPACT FLUORESCENT LIGHT (4) establishes minimum fuel economy mental law listed in a permit. BULBS. standards for tires. (2) LIABILITY.—Except to the extent that a (a) ALLOWANCE OF CREDIT.—Subsection (a) (c) EFFECTIVE DATE.—The amendment permit provides protection under an environ- of section 25D(a) of the Internal Revenue made by subsection (a) shall take effect on mental law specified in a permit in accord- Code of 1986 (relating to residential energy the expiration of the date that is 180 days ance with subsection (g)(1)(C), nothing in efficient property) is amended— after the date of enactment of this Act. this section or a permit issued under this (1) by striking ‘‘and’’ at the end of para- S. 1852 section limits the liability of any person (in- graph (2), Be it enacted by the Senate and House of Rep- cluding a permittee) under any other provi- (2) by striking the period at the end of resentatives of the United States of America in sion of law. paragraph (3) and inserting ‘‘, and’’, and Congress assembled, (p) REGULATIONS.— (3) by adding at the end the following new SECTION 1. SHORT TITLE. (1) IN GENERAL.—The Administrator may paragraph: This Act may be cited as the ‘‘Reducing promulgate such regulations as are nec- ‘‘(4) 30 percent of the qualified compact flu- the Incentives to Guzzle Gas Act’’. orescent light expenditures made by the tax- essary to carry out this section. SEC. 2. INCLUSION OF HEAVY VEHICLES IN LIMI- (2) EFFECTIVENESS.—This section shall be payer during such year.’’. TATION ON DEPRECIATION OF CER- effective regardless of whether regulations (b) MAXIMUM CREDIT.—Subsection (b)(1) of TAIN LUXURY AUTOMOBILES. are promulgated by the Administrator under section 25D of such Code is amended— (a) IN GENERAL.—Section 280F(d)(5)(A) of paragraph (1). (1) by striking ‘‘and’’ at the end of subpara- the Internal Revenue Code of 1986 (defining graph (B), passenger automobile) is amended— (2) by striking the period at the end of sub- By Mr. SALAZAR: (1) by striking clause (ii) and inserting the paragraph (C) and inserting ‘‘, and’’, and following new clause: S. 1850. A bill to amend the Energy (3) by adding at the end the following new ‘‘(ii)(I) which is rated at 6,000 pounds un- Policy Act of 2005 to accelerate the subparagraph: loaded gross vehicle weight or less, or availability of various income tax cred- ‘‘(D) $50 with respect to any qualified com- ‘‘(II) which is rated at more than 6,000 its providing incentives for energy in- pact fluorescent light expenditure.’’. pounds but not more than 14,000 pounds gross centives, and for other purposes, to the (c) DEFINITION.—Section 25D(d) of such vehicle weight.’’, Committee on Finance. Code is amended by adding at the end the (2) by striking ‘‘clause (ii)’’ in the second following new paragraph: sentence and inserting ‘‘clause (ii)(I)’’. By Mr. SALAZAR ‘‘(4) QUALIFIED COMPACT FLUORESCENT (b) EXCEPTION FOR VEHICLES USED IN FARM- LIGHT EXPENDITURE.—The term ‘qualified S. 1851. A bill to amend section 30123 ING BUSINESS.—Section 280F(d)(5)(B) of such compact fluorescent light expenditure’ Code (relating to exception for certain vehi- of title 49, United States Code, to re- means an expenditure for Energy Star com- cles) is amended by striking ‘‘and’’ at the quire replacement tires for passenger pliant compact fluorescent light bulbs for end of clause (ii), by redesignating clause vehicles to meet the standards required use in a dwelling unit located in the United (iii) as clause (iv), and by inserting after for tires on new vehicles; to the Com- States and used as a residence by the tax- clause (ii) the following new clause: mittee on Commerce, Science, and payer.’’. ‘‘(iii) any vehicle used in a farming busi- Transportation. (d) LABOR COSTS NOT INCLUDED.—Section ness (as defined in section 263A(e)(4), and’’. 25D(e)(1) of such Code is amended by insert- (c) EFFECTIVE DATE.—The amendments By Mr. SALAZAR ing ‘‘(other than paragraph (4) thereof)’’ made by this section shall apply to property after ‘‘subsection (d)’’. placed in service after the date of the enact- S. 1852. A bill to amend the Internal (e) EFFECTIVE DATE.—The amendments ment of this Act. Revenue Code of 1986 to reduce the in- made by this section shall apply to property SEC. 3. UPDATED DEPRECIATION DEDUCTION centive to purchase larger and luxury placed in service after the date of the enact- LIMITS. vehicles; to the Committee on Finance. ment of this Act, in taxable years ending (a) IN GENERAL.—Subparagraph (A) of sec- after such date. tion 280F(a)(1) of the Internal Revenue Code By Mr. SALAZAR S. 1851 of 1986 (relating to limitation on amount of S. 1853. A bill to amend the National Be it enacted by the Senate and House of Rep- depreciation for luxury automobiles) is amended to read as follows: Energy Conservation Policy Act to re- resentatives of the United States of America in Congress assembled, ‘‘(A) LIMITATION.—The amount of the de- quire Federal agencies to take certain preciation deduction for any taxable year SECTION 1. FUEL ECONOMY STANDARDS. actions to reduce employee vehicle shall not exceed for any passenger auto- (a) IN GENERAL.—Section 30123 of title 49, consumption, and for other purposes, mobile— United States Code, is amended by adding at to the Committee on Energy and Nat- ‘‘(i) for the 1st taxable year in the recovery the end the following: ural Resources. ‘‘(d) FUEL ECONOMY.—(1) Replacement tires period— for passenger motor vehicles (as defined in ‘‘(I) described in subsection (d)(5)(A)(ii)(I), By Mr. SALAZAR section 32101 of this title) shall meet the $4,000, S. 1854. A bill to prohibit price standards required for tires on new vehicles ‘‘(II) described in the second sentence of gouging for commodities and services under part 571 of title 49, Code of Federal subsection (d)(5)(A), $5,000, and sold during national emergency situa- Regulations, including standards affecting ‘‘(III) described in subsection fuel economy. (d)(5)(A)(ii)(II), $6,000, tions; to the Committee on the Judici- ‘‘(ii) for the 2nd taxable year in the recov- ary. ‘‘(2) Nothing in this section shall apply to— ery period— Mr. SALAZAR. Mr. President, I ask ‘‘(A) a tire, or a group of tires with the ‘‘(I) described in subsection (d)(5)(A)(ii)(I), unanimous consent that the text of the same SKU number, plant, and year, for $6,400, bills be printed in the RECORD. which the volume of tires produced or im- ‘‘(II) described in the second sentence of There being no objection, the bills ported annually is fewer than 15,000; subsection (d)(5)(A), $8,000, and were ordered to be printed in the ‘‘(B) a deep tread, winter-type, snow tire, ‘‘(III) described in subsection RECORD, as follows: space saver tire, or temporary use spare tire; (d)(5)(A)(ii)(II), $9,600, ‘‘(iii) for the 3rd taxable year in the recov- S. 1850 ‘‘(C) a tire with a normal rim measuring not more than 12 inches in diameter; ery period— Be it enacted by the Senate and House of Rep- ‘‘(D) a motorcycle tire; or ‘‘(I) described in subsection (d)(5)(A)(ii)(I), resentatives of the United States of America in ‘‘(E) a tire manufactured specifically for $3,850, Congress assembled, use in an off-road motorized recreational ve- ‘‘(II) described in the second sentence of SECTION 1. SHORT TITLE. hicle.’’. subsection (d)(5)(A), $4,800, and This Act may be cited as the ‘‘Rapid Effi- (b) RULEMAKING.—Not later than 180 days ‘‘(III) described in subsection ciency Credit Act of 2005’’. after the date of enactment of this Act, the (d)(5)(A)(ii)(II), $5,775, and SEC. 2. ACCELERATION OF CERTAIN ENERGY IN- Secretary of Transportation shall issue a ‘‘(iv) for each succeeding taxable year in COME TAX CREDITS. final rule regarding policies and procedures the recovery period— Sections 1333(c), 1335(c), 1336(e), 1337(d), for testing and labeling tires for fuel econ- ‘‘(I) described in subsection (d)(5)(A)(ii)(I), 1341(c), and 1342(c) of the Energy Policy Act omy that— $2,325,

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00154 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22508 CONGRESSIONAL RECORD—SENATE October 6, 2005 ‘‘(II) described in the second sentence of priate to achieve the target established by (I) in the designated area of an emergency subsection (d)(5)(A), $2,900, and paragraph (1), including— if it reflects a price increase at least 10 per- ‘‘(III) described in subsection ‘‘(A) telework; cent greater than the average price for the (d)(5)(A)(ii)(II), $3,475.’’. ‘‘(B) carpooling; good or service charged by the seller in the (b) YEARS AFTER RECOVERY PERIOD.—Sec- ‘‘(C) bicycling and walking to work; designated area during the 30 days prior to tion 280F(a)(1)(B)(ii) of such Code is amended ‘‘(D) fuel-efficient trip planning; the formal declaration of the emergency; and to read as follows: ‘‘(E) public transportation use; and (II) outside the designated area of an emer- ‘‘(ii) LIMITATION.—The amount treated as ‘‘(F) limiting travel days for vehicle travel gency if the price is affected by the emer- an expense under clause (i) for any taxable outside the office. gency and if the price reflects a price in- year shall not exceed for any passenger auto- ‘‘(3) MEASUREMENT.—An agency may use crease at least 10 percent greater than the mobile— such measures as the agency determines are average price for the good or service charged ‘‘(I) described in subsection (d)(5)(A)(ii)(I), appropriate to determine whether the agency by the seller in the area of the sale during $2,325, has achieved the target established by para- the 30 days prior to the formal declaration of ‘‘(II) described in the second sentence of graph (1), including— an emergency. subsection (d)(5)(A), $2,900, and ‘‘(A) a reduction in travel vehicle travel For purposes of subclause (II), a price is pre- ‘‘(III) described in subsection miles reimbursed by the agency; and sumed to be affected by the emergency if, (d)(5)(A)(ii)(II), $3,475.’’. ‘‘(B) certification of the methods described within 30 days following the declaration of (c) INFLATION ADJUSTMENT.—Section in paragraph (2).’’. the emergency, the price is at least 25 per- 280F(d)(7) of such Code (relating to auto- S. 1854 cent greater than the average price for the mobile price inflation adjustment) is amend- good or service charged by the seller in the ed— Be it enacted by the Senate and House of Rep- resentatives of the United States of America in area of the sale during the 30 days prior to (1) by striking ‘‘after 1988’’ in subparagraph the formal declaration of the emergency. Congress assembled, (A) and inserting ‘‘after 2006’’, and (ii) NEGATIVE.—A price for a good or serv- (2) by striking subparagraph (B) and insert- SECTION 1. SHORT TITLE. ice is not unreasonable and unconscionable if ing the following new subparagraph: This Act may be cited as the ‘‘Treat Emer- it reflects only the cost of the good or serv- ‘‘(B) AUTOMOBILE PRICE INFLATION ADJUST- gency Victims Fairly Act of 2005’’. ice to the seller prior to the emergency, the MENT.—For purposes of this paragraph— SEC. 2. FINDINGS. average profit margin of the seller during ‘‘(i) IN GENERAL.—The automobile price in- Congress finds the following: the 30 days prior to the formal declaration of flation adjustment for any calendar year is (1) Price gouging in emergencies, including an emergency, and the increased costs actu- the percentage (if any) by which— natural disasters and other emergencies, is ally incurred by the seller to sell the good or ‘‘(I) the average wage index for the pre- reprehensible commercial activity. service during or following the emergency. ceding calendar year, exceeds (2) Emergencies place great strains on SEC. 4. CAUSE OF ACTION. ‘‘(II) the average wage index for 2005. commercial and consumer relationships in (a) IN GENERAL.—It shall be unlawful for ‘‘(ii) AVERAGE WAGE INDEX.—The term ‘av- the areas affected. any seller of goods or services to engage in erage wage index’ means the average wage (3) Emergencies can strain commercial and price gouging. index published by the Social Security Ad- consumer relationships in areas beyond (b) LITIGATION.—A cause of action under ministration.’’. those directly damaged or affected by the this section may be brought— (d) EFFECTIVE DATE.—The amendments emergency. (1) in Federal or State court; and made by this section shall apply to property (4) It is an unfortunate truth that some (2) by the Federal Government, through placed in service after the date of the enact- will try to take advantage of others in emer- the Attorney General, or a State Govern- ment of this Act. gency situations by price gouging for con- ment acting through its attorney general. SEC. 4. EXPENSING LIMITATION FOR FARM VEHI- sumer and other commercial goods or serv- (c) VENUE AND PROCEDURE.— CLES. ices. (1) FEDERAL COURT.—An action in Federal (a) IN GENERAL.—Paragraph (6) of section (5) Price gouging can take place prior to, court under this section may be brought in 179(b) of the Internal Revenue Code of 1986 during, and following natural disasters and any court whose jurisdiction includes— (relating to limitations) is amended to read other emergencies. (A) the geographic area in which price as follows: (6) Price gouging in commercial and con- gouging is alleged to have occurred; or ‘‘(6) LIMITATION ON COST TAKEN INTO AC- sumer settings affects interstate commerce. (B) the State which is a plaintiff in the ac- COUNT FOR FARM VEHICLES.—The cost of any (7) Price gouging— tion. vehicle described in section 280F(d)(5)(B)(iii) (A) distorts markets without regard to (2) STATE COURT.—An action in State court for any taxable year which may be taken State lines; under this section shall conform to State into account under this section shall not ex- (B) disturbs and interferes with the flow of rules of procedure. ceed $30,000.’’. commodities and services across State lines; (d) EXPEDITED FEDERAL CONSIDERATION.— (b) EFFECTIVE DATE.—The amendment An action under this section in Federal court and made by this section shall apply to property shall receive expedited review. (C) creates or exacerbates shortages and placed in service after the date of the enact- (e) INVESTIGATIONS.— interruptions of supplies of materials across ment of this Act. (1) IN GENERAL.—During the course of an State lines. S. 1853 investigation under this section by the At- (8) It is in the interest of the United States torney General of the United States or a Be it enacted by the Senate and House of Rep- to prohibit and deter price gouging. resentatives of the United States of America in State attorney general, whether prior to fil- Congress assembled, SEC. 3. DEFINITIONS. ing an action or during such an action, the In this Act: SECTION 1. SHORT TITLE. investigating attorney general may— (1) EMERGENCY.—The term ‘‘emergency’’ This Act may be cited as the ‘‘Reduce Gov- (A) order any person to file a statement, ernment Fuel Consumption Act of 2005’’. means a natural disaster or other cir- report in writing, or answer questions in cumstance or event that is formally declared SEC. 2. REDUCTION OF EMPLOYEE VEHICLE writing, under oath or otherwise, concerning FUEL CONSUMPTION BY FEDERAL to be an emergency by Federal or State au- facts or circumstances reasonably related to AGENCIES. thorities. An emergency may be associated alleged price gouging; Section 543 of the National Energy Con- with a designated area. (B) order any person to provide data or in- servation Policy Act (42 U.S.C. 8253) (as (2) GOODS OR SERVICES.—The term ‘‘goods formation the attorney general reasonably amended by section 103 of the Energy Policy or services’’ means goods or services of any deems to be necessary to an investigation; Act of 2005 (Public Law 109–58)) is amended type, including food, transportation, hous- and by adding at the end the following: ing, and energy supplies. (C) issue subpoenas to require the attend- ‘‘(f) REDUCTION OF EMPLOYEE VEHICLE FUEL (3) PERSON.—The term ‘‘person’’ means a ance of witnesses or the production of rel- CONSUMPTION BY FEDERAL AGENCIES.— natural person, corporation, governmental evant documents, administer oaths, and con- ‘‘(1) IN GENERAL.—Each agency shall take body, or other entity. duct hearings in aid of the investigation. such actions as are necessary to reduce the (4) PRICE GOUGING.— (2) ENFORCEMENT.—A subpoena issued level of fuel consumed by vehicles of employ- (A) IN GENERAL.—The term ‘‘price gouging’’ under this subsection may be enforced in ees of the agency (other than fuel used for means charging an unreasonable and uncon- Federal or State court. military purposes), in connection with the scionable price for a good or service imme- (3) PENALTY.—Failure to comply with an employment of the employees, by (to the diately prior to, during, or following an order or subpoena under this subsection is maximum extent practicable) at least 10 per- emergency. subject to a civil penalty of up to $10,000. cent during the 1-year period beginning on (B) PRESUMPTION.— (f) LIMITATION.—An action under this sec- the date of enactment of this subsection. (i) AFFIRMATIVE.—A price for a good or tion shall be brought not later than 3 years ‘‘(2) METHODS.—An agency may use such service is presumed to be unreasonable and of the date of the sale of the goods or serv- methods as the agency determines are appro- unconscionable— ices at issue.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00155 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22509 SEC. 5. DAMAGES AND PENALTIES. Lakota Indian Chiefs to invite Ziolkowski to Whereas the United States became in- (a) IN GENERAL.—A prevailing plaintiff carve a memorial for Native Americans; volved in Vietnam because policy makers in shall be entitled to— Whereas in his invitation letter to Korczak the United States believed that if South (1) plaintiff’s damages incurred as a result Ziolkowski, Chief Henry Standing Bear Vietnam fell to a communist government of the price gouging, including without limi- wrote: ‘‘My fellow chiefs and I would like the then communism would spread throughout tation a refund of all prices paid by the white man to know that the red man has the rest of Southeast Asia; plaintiff in excess of conscionable and rea- great heroes, also.’’; Whereas members of the United States sonable prices; Whereas in 1939, Korczak Ziolkowski as- Armed Forces began serving in an advisory (2) injunctive relief prohibiting the defend- sisted Gutzon Borglum for a brief time in role to the people of South Vietnam in 1961; ant from price gouging or mandating action; carving Mount Rushmore; Whereas, as a result of the Gulf of Tonkin and Whereas in 1941, Korczak Ziolkowski met incidents on August 2, 1964 and August 4, (3) attorneys fees and costs incurred by the with Chief Henry Standing Bear who taught 1964, Congress overwhelmingly passed the plaintiff. Korczak more about the life of the brave Joint Resolution entitled ‘‘Joint Resolution (b) RESTITUTION.—The Attorney General of Lakota leader Crazy Horse; to promote the maintenance of international the United States and a State attorney gen- Whereas at the age of 34, Korczak peace and security in southeast Asia’’, ap- eral, in an action brought on behalf of the Ziolkowski temporarily put his sculpturing proved August 10, 1964 (Public Law 88-408; 78 citizens of the United States or a State, re- career aside when he volunteered for service Stat. 384), which effectively granted war- spectively, may recover restitution or in World War II, later landing on Omaha making powers to President Johnson until disgorgement of excess profits on behalf of Beach; such time as ‘‘peace and security’’ had re- those citizens. Whereas after the war, Korczak Ziolkowski turned to Vietnam; (c) CIVIL PENALTIES.— turned down other sculpting opportunities in Whereas, in 1965, ground combat units of (1) IN GENERAL.—A person who violates sec- order to accept the invitation of Chief Henry the United States Armed Forces arrived in tion 4(a) shall be subject to civil penalties of Standing Bear and dedicate the rest of his Vietnam; up to $10,000 per incident. life to carving the Crazy Horse Memorial in Whereas, by the end of 1965, there were (2) DISPOSITION OF PENALTIES.—Civil pen- the Black Hills of South Dakota; 80,000 troops of the United States Armed alties collected through an action by the Whereas on June 3, 1948, when work was Forces in Vietnam, and by 1969 the number United States Attorney General shall be de- begun on the Crazy Horse Memorial, Korczak of troops reached a peak of approximately posited in the United States Treasury. Civil Ziolkowski vowed that the memorial would 543,000; penalties collected through an action by an be a nonprofit educational and cultural Whereas, on January 27, 1973, the Paris attorney general of a State shall be depos- project, financed solely through private, Peace Accords were signed, which required ited in the State’s treasury. The court may nongovernmental sources, to honor the Na- the release of all United States prisoners-of- apportion the deposit of civil penalties as ap- tive Americans of North America; war held in North Vietnam and the with- propriate in the circumstances. Whereas the Crazy Horse Memorial is a drawal of all members of the United States SEC. 6. ATTORNEY GENERAL AUTHORITIES. mountain carving-in-progress, and once com- Armed Forces from South Vietnam; The Attorney General of the United States pleted it will be the largest sculpture in the Whereas, on March 30, 1973, the United shall— world; States Armed Forces completed the with- (1) provide assistance to and cooperate Whereas since his death on October 20, drawal of combat troops from Vietnam; with the States in State investigations of 1982, Korczak’s wife Ruth, the Ziolkowski Whereas more than 58,000 members of the price gouging and in State litigation brought family, and the Crazy Horse Memorial Foun- United States Armed Forces lost their lives under this Act; dation have continued to work on the Memo- in Vietnam and more than 300,000 members (2) create and disseminate guidelines de- rial and to continue the dream of Korczak of the United States Armed Forces were signed to assist the public to recognize and Ziolkowski and Chief Henry Standing Bear; wounded; report price gouging and establish a system and Whereas, in 1982, the Vietnam Veterans to gather and disseminate information about Whereas on June 3, 1998, the Memorial en- Memorial was dedicated in the District of instances of reported price gouging; and tered its second half century of progress and Columbia to commemorate those members of (3) provide grants to offices of the State at- heralded a new era of work on the mountain the United States Armed Forces who died or torneys general of not greater than $50,000 in with the completion and dedication of the were declared missing-in-action in Vietnam; order to support the pursuit of price gouging face of Crazy Horse: Now, therefore, be it Whereas, as of 2005, more than 1,800 mem- investigations and other activities. Resolved, That— bers of the United States Armed Forces re- (1) the Senate recognizes— main unaccounted for in Vietnam and South- SEC. 7. SAVINGS PROVISION. (A) the admirable efforts of the late east Asia and the Department of Defense This Act shall not preempt or otherwise af- Korczak Ziolkowski in designing and cre- continues efforts to recover these members; fect any State or local law. ating the Crazy Horse Memorial; Whereas the Vietnam War was an ex- f (B) that the Crazy Horse Memorial rep- tremely divisive issue among the people of resents all North American Indian tribes, the United States; SUBMITTED RESOLUTIONS and the noble goal of reconciliation between Whereas members of the United States peoples; and Armed Forces who served bravely and faith- (C) that the creation of the Crazy Horse fully for the United States during the Viet- SENATE RESOLUTION 268—EX- Memorial, from its inception, has been ac- nam War were caught, upon their return PRESSING THE SENSE OF THE complished through private sources and home, in the middle of public debate about SENATE THAT A COMMEMORA- without any Federal funding; and the involvement of the United States in the TIVE POSTAGE STAMP SHOULD (2) it is the sense of the Senate that the Vietnam War; BE ISSUED TO HONOR SCULPTOR Citizens’ Stamp Advisory Committee should Whereas the Department of Veterans Af- KORCZAK ZIOLKOWSKI recommend to the Postmaster General that fairs estimates that 250,000 veterans are a commemorative postage stamp be issued in homeless every night and that 47 percent of Mr. JOHNSON (for himelf, Mr. honor of sculptor Korczak Ziolkowski and all homeless veterans served during the Viet- THUNE, and Mr. LEVIN) submitted the the Crazy Horse Memorial, commemorating nam era; following resolution; which was re- his 100th birthday. Whereas veterans of the Vietnam War conferred to the Committee on Homeland tinue to be at risk for post-traumatic stress Security and Governmental Affairs: SENATE RESOLUTION 269—EX- disorder and health problems related to PRESSING THE SENSE OF THE Agent Orange exposure; S. RES. 268 Whereas veterans of the Vietnam War, and Whereas Korczak Ziolkowski was born in SENATE THAT A ‘‘WELCOME all veterans, are entitled to the best care and Boston, Massachusetts on September 6, 1908, HOME VIETNAM VETERANS DAY’’ treatment the Government of the United the 31st anniversary of the death of Lakota SHOULD BE ESTABLISHED States can provide; leader Crazy Horse; Mrs. BOXER submitted the following Whereas the establishment of a ‘‘Welcome Whereas, although never trained in art or resolution; which was referred to the Home Vietnam Veterans Day’’ would be an sculpture, Korczak Ziolkowski began a suc- Committee on Veterans’ Affairs: appropriate way to honor those members of cessful studio career in New England as a the United States Armed Forces who served commissioned sculptor at age 24; S. RES. 269 in Vietnam during the Vietnam War; and Whereas Korczak Ziolkowski’s marble Whereas the Vietnam War took place in Whereas March 30, 2006 would be an appro- sculpture of composer and Polish leader Vietnam from 1961 to 1975 in which North priate day to establish as ‘‘Welcome Home Ignace Jan Paderewski won first prize at the Vietnam and the Viet Cong were in conflict Vietnam Veterans Day’’: Now, therefore, be 1939 New York World’s Fair and prompted with the United States and South Vietnam; it

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00156 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22510 CONGRESSIONAL RECORD—SENATE October 6, 2005 Resolved, That it is the sense of the Senate likely to reach $150,000,000,000 and is also Whereas the New York Rens became one of that a ‘‘Welcome Home Vietnam Veterans growing very rapidly; the first great basketball dynasties in the Day’’ should be established to honor those Whereas China has intervened massively in history of the game, compiling a 2,588-539 members of the United States Armed Forces the exchange markets to artificially block record in its 27-year existence, winning 88 who served in Vietnam. appreciation of China’s currency; straight games in the 1932-33 season, and Mrs. BOXER. Mr. President, I am Whereas China has been increasing its winning the 1939 World Professional Cham- pleased to submit a resolution today competitiveness by riding the dollar down pionship; expressing the sense of the Senate that against other currencies, therefore achieving Whereas the Harlem Globetrotters proved a trade-weighted depreciation of about 10 that they were capable of beating profes- a ‘‘Welcome Home Vietnam Veterans percent over the past 3 years; sional teams like the World Champion Min- Day’’ should be established. I join Rep- Whereas it is the responsibility of the neapolis Lakers led by basketball great resentative LINDA SA´ NCHEZ in this ef- International Monetary Fund to take the George Mikan in 1948; fort and applaud her for previously sub- lead in promoting correction of such huge, Whereas the barnstorming African-Amer- mitting this resolution in the House of costly, and potentially destabilizing imbal- ican basketball teams included exceptionally Representatives. Establishing this day ances in the world economy; talented players and shaped modern-day bas- would be an appropriate way to honor Whereas the International Monetary ketball by introducing a new style of play members of the United States Armed Fund’s Articles of Agreement enjoin member predicated on speed, short crisp passing tech- Forces who bravely and faithfully countries to ‘‘avoid manipulating exchange niques, and vigorous defensive play; rates or the international monetary system Whereas among the pioneers who played on served during the Vietnam War. in order to prevent effective balance-of-pay- Black barnstorming teams included players During the course of the Vietnam ments adjustments or to gain unfair com- such as Tarzan Cooper, Pop Gates, John War, over 58,000 U.S. troops lost their petitive advantage over other member coun- Isaacs, Willie Smith, Sweetwater Clifton, lives. In addition, more than 300,000 tries’’; Ermer Robinson, Bob Douglas, Pappy Ricks, were wounded. To date, more than 1,800 Whereas the International Monetary Fund Runt Pullins, Goose Tatum, Marques members of the United States Armed has identified ‘‘protracted, large-scale inter- Haynes, Bobby Hall, Babe Pressley, Bernie Forces remain unaccounted for in Viet- ventions in one direction in the exchange Price, Ted Strong, Inman Jackson, Duke nam and Southeast Asia. markets’’ as indicating a need for Inter- Cumberland, Fat Jenkins, Eddie Younger, Those who did return home from national Monetary Fund discussion with the Lou Badger, Zachary Clayton, Jim Usry, Vietnam did not have the traditional offending country; and Sonny Boswell, and Puggy Bell; welcome home ceremonies. And they Whereas the People’s Republic of China has Whereas the struggles of these players and engaged in such manipulation and interven- others paved the way for current African- continue to face many problems, in- tion: Now, therefore, be it American professional players, who are play- cluding health problems related to Resolved, That it is the sense of the Senate ing in the National Basketball Association Agent Orange exposure, prolonged risk that the President should instruct the today; for post-traumatic stress disorder, and United States Executive Director to the Whereas the style of Black basketball was homelessness. Of the 250,000 veterans International Monetary Fund to bring a gen- more conducive to a wide open, fast-paced, who are homeless every night, the De- eral complaint under the International Mon- spectator sport; partment of Veterans Affairs estimates etary Fund’s Articles of Agreement against Whereas, by achieving success on the bas- the People’s Republic of China for not com- ketball court, African-American basketball that 47 percent of them served during plying with Article IV of the Articles of the Vietnam era. players helped break down the color barrier Agreement and manipulating the rate of ex- and integrate African-Americans into all as- Veterans of the Vietnam War, and all change of its currency against other cur- pects of society in the United States; veterans, are entitled to the best care rencies to gain an unfair trade advantage Whereas, during the era of sexism and gen- and treatment the U.S. Government and to prevent effective balance of payment der barriers, barnstorming African-American can provide. It is important that we adjustments. basketball was not limited to men’s teams, honor and respect their service. It is but included women’s teams as well, such as especially important to do so now, at a SENATE CONCURRENT RESOLU- the Chicago Romas and the Philadelphia time when we have so many new vet- TION 57—RECOGNIZING THE CON- Tribunes; erans returning home from the wars in TRIBUTIONS OF AFRICAN-AMER- Whereas only in recent years has the his- Iraq and Afghanistan. ICAN BASKETBALL TEAMS AND tory of African-Americans in team sports By honoring those who have served PLAYERS FOR THEIR ACHIEVE- begun receiving the recognition it deserves; MENTS, DEDICATION, AND CON- Whereas basketball is a uniquely modern before, we show these new veterans and uniquely American sport; how committed we, as a country, are to TRIBUTIONS TO THE SPORT OF Whereas the Black Legends of Professional them and how much we value the sac- BASKETBALL AND THE NATION Basketball Foundation, established by rifices they make on our behalf. Estab- Ms. STABENOW (for herself and Mr. former Harlem Globetrotter Dr. John Kline lishing a ‘‘Welcome Home Vietnam LEVIN) submitted the following concur- of Detroit, Michigan, honors and highlights Veterans Day’’ is one way we can ac- rent resolution; which was referred to the significant contributions of these pio- complish this. I urge my colleagues to the Committee on Commerce, Science, neers and their impact on professional bas- support this resolution. ketball today; and and Transportation: Whereas the hard work and efforts of the S. CON. RES. 57 foundation have been instrumental in bring- SENATE RESOLUTION 270—EX- Whereas, even though African-Americans ing African-American inductees into the PRESSING THE SENSE OF THE were excluded from playing in organized Naismith Memorial Basketball Hall of Fame SENATE THAT THE INTER- White-only leagues, the desire of African- in Springfield, Massachusetts: Now there- NATIONAL MONETARY FUND Americans to play basketball could not be fore, be it SHOULD INVESTIGATE WHETHER repressed; Resolved by the Senate (the House of Rep- CHINA IS MANIPULATING THE Whereas, unlike baseball, which had Negro resentatives concurring), That RATE OF EXCHANGE BETWEEN leagues, basketball had no organized Black (1) Congress recognizes the teams and play- leagues, thus forcing Blacks to take to the ers of the barnstorming African-American THE CHINESE YUAN AND THE road out of necessity; basketball teams for their achievement, UNITED STATES DOLLAR Whereas among the most well-known black dedication, sacrifices, and contribution to Mr. BAYH (for himself, Ms. STABE- barnstorming teams that found their begin- basketball and to the Nation prior to the in- NOW, and Mr. SCHUMER) submitted the nings in the 1920s were the New York Renais- tegration of the White professional leagues; following resolution; which was re- sance (or Rens), the Harlem Globetrotters, (2) current National Basketball Associa- ferred to the Committee on Foreign the New York Enforcers, the Harlem Clowns, tion players should pay a debt of gratitude the Harlem Road Kings, the Harlem Stars, to these great pioneers of the game of bas- Relations: the Harlem Ambassadors, and the Philadel- ketball and recognize them at every possible S. RES. 270 phia Tribunes; opportunity; and Whereas the global current account deficit Whereas, despite the racism they faced, (3) a copy of this resolution be transmitted of the United States has already reached al- Negro basketball teams overcame great ob- to the Black Legends of Professional Basket- most $800,000,000,000 and is growing rapidly; stacles to play the game before Black play- ball Foundation, which has recognized and Whereas the global current account sur- ers were allowed to play in the National Bas- commemorated the achievements of African- plus of the People’s Republic of China is ketball Association in the early 1950s; American basketball teams, the National

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00157 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22511 Basketball Association, and the Naismith (ii) shall include— is training in conditions that simulate the Basketball Hall of Fame. (I) the Boy Scouts of America; preparation, logistics, and leadership re- f (II) the Girl Scouts of the United States of quired for defense and combat. America; (E) Support for youth organization events AMENDMENTS SUBMITTED AND (III) the Boys Clubs of America; simulates the preparation, logistics, and PROPOSED (IV) the Girls Clubs of America; leadership required for defending our na- (V) the Young Men’s Christian Association; SA 2053. Mr. STEVENS proposed an amend- tional security and preparing for combat. (VI) the Young Women’s Christian Associa- ment to the bill H.R. 2863, making appropria- (F) For example, Boy Scouts of America’s tion; tions for the Department of Defense for the National Scout Jamboree is a unique train- (VII) the Civil Air Patrol; fiscal year ending September 30, 2006, and for ing event for the Armed Forces, as it re- (VIII) the United States Olympic Com- other purposes. quires the construction, maintenance, and mittee; disassembly of a ‘‘tent city’’ capable of sup- SA 2054. Mr. STEVENS (for Mr. FRIST) pro- (IX) the Special Olympics; posed an amendment to the bill H.R. 2863, porting tens of thousands of people for a (X) Campfire USA; supra. week or longer. Camporees at the United (XI) the Young Marines; SA 2055. Mr. STEVENS (for Mr. BYRD) pro- States Military Academy for Girl Scouts and (XII) the Naval Sea Cadets Corps; posed an amendment to the bill H.R. 2863, Boy Scouts provide similar training opportu- (XIII) 4-H Clubs; supra. nities on a smaller scale. (XIV) the Police Athletic League; (2) SUPPORT.—Section 2554 of title 10, f (XV) Big Brothers—Big Sisters of America; United States Code, is amended by adding at TEXT OF AMENDMENTS and the end the following: (XVI) National Guard Youth Challenge. ‘‘(i)(1) The Secretary of Defense shall pro- SA 2053. Mr. STEVENS proposed an (2) IN GENERAL.— vide at least the same level of support under amendment to the bill H.R. 2863, mak- (A) SUPPORT FOR YOUTH ORGANIZATIONS.— this section for a national or world Boy ing appropriations for the Department (i) SUPPORT.—No Federal law (including Scout Jamboree as was provided under this of Defense for the fiscal year ending any rule, regulation, directive, instruction, section for the preceding national or world September 30, 2006, and for other pur- or order) shall be construed to limit any Fed- Boy Scout Jamboree. eral agency from providing any form of sup- poses; as follows: ‘‘(2) The Secretary of Defense may waive port for a youth organization (including the paragraph (1), if the Secretary— At the appropriate place, insert the fol- Boy Scouts of America or any group offi- ‘‘(A) determines that providing the support lowing: cially affiliated with the Boy Scouts of subject to paragraph (1) would be detri- SEC. ll. INCREASE IN RATE OF BASIC PAY OF America) that would result in that Federal mental to the national security of the THE ENLISTED MEMBER SERVING agency providing less support to that youth United States; and AS THE SENIOR ENLISTED ADVISOR organization (or any similar organization ‘‘(B) reports such a determination to the FOR THE CHAIRMAN OF THE JOINT chartered under the chapter of title 36, CHIEFS OF STAFF. Congress in a timely manner, and before United States Code, relating to that youth (a) INCREASE.—Footnote 2 to the table on such support is not provided.’’. organization) than was provided during the Enlisted Members in section 601(b) of the Na- (d) EQUAL ACCESS FOR YOUTH ORGANIZA- preceding fiscal year. This clause shall be tional Defense Authorization Act for Fiscal TIONS.—Section 109 of the Housing and Com- subject to the availability of appropriations. Year 2004 (Public Law 108–136; 37 U.S.C. 1009 munity Development Act of 1974 (42 U.S.C. (ii) YOUTH ORGANIZATIONS THAT CEASE TO note) is amended by striking ‘‘or Master 5309) is amended— EXIST.—Clause (i) shall not apply to any (1) in the first sentence of subsection (b) by Chief Petty Officer of the Coast Guard’’ and youth organization that ceases to exist. inserting ‘‘Master Chief Petty Officer of the inserting ‘‘or (e)’’ after ‘‘subsection (a)’’; and (iii) WAIVERS.—The head of a Federal agen- Coast Guard, or Senior Enlisted Advisor for (2) by adding at the end the following: cy may waive the application of clause (i) to ‘‘(e) EQUAL ACCESS.— the Chairman of the Joint Chiefs of Staff’’. any youth organization with respect to each (b) PERSONAL MONEY ALLOWANCE.— ‘‘(1) DEFINITION.—In this subsection, the conviction or investigation described under term ‘youth organization’ means any organi- (1) ENTITLEMENT.—Section 414(c) of title 37, subclause (I) or (II) for a period of not more United States Code, is amended by striking zation described under part B of subtitle II of than 2 fiscal years if— title 36, United States Code, that is intended ‘‘or the Master Chief Petty Officer of the (I) any senior officer (including any mem- Coast Guard’’ and inserting ‘‘the Master to serve individuals under the age of 21 ber of the board of directors) of the youth or- years. Chief Petty Officer of the Coast Guard, or ganization is convicted of a criminal offense ‘‘(2) IN GENERAL.—No State or unit of gen- the Senior Enlisted Advisor for the Chair- relating to the official duties of that officer man of the Joint Chiefs of Staff’’. eral local government that has a designated or the youth organization is convicted of a open forum, limited public forum, or non- (2) EFFECTIVE DATE.—The amendment criminal offense; or public forum and that is a recipient of assist- made by paragraph (1) shall take effect on (II) the youth organization is the subject of ance under this chapter shall deny equal ac- April 1, 2005. a criminal investigation relating to fraudu- cess or a fair opportunity to meet to, or dis- lent use or waste of Federal funds. criminate against, any youth organization, SA 2054. Mr. STEVENS (for Mr. (B) TYPES OF SUPPORT.—Support described including the Boy Scouts of America or any FRIST) proposed an amendment to the under this paragraph shall include— group officially affiliated with the Boy bill H.R. 2863, making appropriations (i) holding meetings, camping events, or Scouts of America, that wishes to conduct a other activities on Federal property; for the Department of Defense for the meeting or otherwise participate in that des- (ii) hosting any official event of such orga- fiscal year ending September 30, 2006, ignated open forum, limited public forum, or and for other purposes; as follows: nization; (iii) loaning equipment; and nonpublic forum.’’. At the appropriate place, insert the fol- (iv) providing personnel services and lowing: logistical support. SA 2055. MR. STEVENS (for Mr. SEC. ll. SUPPORT FOR YOUTH ORGANIZATIONS. (c) SUPPORT FOR SCOUT JAMBOREES.— BYRD) proposed an amendment to the (a) SHORT TITLE.—This Act may be cited as (1) FINDINGS.—Congress makes the fol- bill H.R. 2863, making appropriations the ‘‘Support Our Scouts Act of 2005’’. lowing findings: for the Department of Defense for the (b) SUPPORT FOR YOUTH ORGANIZATIONS.— (A) Section 8 of article I of the Constitu- fiscal year ending September 30, 2006, (1) DEFINITIONS.—In this subsection— tion of the United States commits exclu- and for other purposes; as follows: (A) the term ‘‘Federal agency’’ means each sively to Congress the powers to raise and department, agency, instrumentality, or support armies, provide and maintain a At the appropriate place, insert the fol- other entity of the United States Govern- Navy, and make rules for the government lowing: ment; and and regulation of the land and naval forces. TITLE ll. (B) the term ‘‘youth organization’’— (B) Under those powers conferred by sec- SEC. 101. (a) There are appropriated out of (i) means any organization that is des- tion 8 of article I of the Constitution of the the Employment Security Administration ignated by the President as an organization United States to provide, support, and main- Account of the Unemployment Trust Fund, that is primarily intended to— tain the Armed Forces, it lies within the dis- $14,000,000 for authorized administrative ex- (I) serve individuals under the age of 21 cretion of Congress to provide opportunities penses. years; to train the Armed Forces. (b) From the money in the Treasury not (II) provide training in citizenship, leader- (C) The primary purpose of the Armed otherwise obligated or appropriated, there ship, physical fitness, service to community, Forces is to defend our national security and are appropriated to the Office of the Inspec- and teamwork; and prepare for combat should the need arise. tor General of the Department of Health and (III) promote the development of character (D) One of the most critical elements in de- Human Services $5,000,000 for oversight ac- and ethical and moral values; and fending the Nation and preparing for combat tivities related to Hurricane Katrina.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00158 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22512 CONGRESSIONAL RECORD—SENATE October 6, 2005 (c) The amounts appropriated under sub- AUTHORITY FOR COMMITTEES TO Cheney Division, Wichita Federal Rec- section (a) and (b)— MEET lamation Project, KS, and for Other (1) are designated as emergency require- Purposes’’ to authorize the EQUUS ments pursuant to section 402 of H. Con. Res. COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY Beds Division of the Wichita Project; 95 (109th Congress); and S. 1498, to direct the Secretary of the (2) shall remain available until expended. Mr. STEVENS. Mr. President, I ask Unanimous consent that the Com- Interior to convey certain water distribution facilities to the Northern f mittee on Agriculture, Nutrition and Forestry be authorized to conduct a Colorado Water Conservancy District; business meeting during the session of S. 1529, to provide for the conveyance NOTICES OF HEARINGS/MEETINGS of certain Federal land in the City of the Senate on Thursday, October 6, 2005 Yuma, AZ; S. 1578, to preauthorize the COMMITTEE ON ENERGY AND NATURAL at 9:30 a.m. in SR–328A, Russell Senate Upper Colorado and San Juan River RESOURCES Office Building. The purpose of this Basin Endangered Fish Recovery Im- Mr. DOMENICI. Mr. President, I meeting will be to review spending lev- plementation Programs; and S. 1760, to would like to announce for the infor- els to meet reconciliation expenditures authorize early repayment of obliga- mation of the Senate and the public as imposed by H. Con. Res. 95, estab- that a hearing has been scheduled be- tions to the Bureau of Reclamation lishing the Congressional Budget for within the Rogue River Valley Irriga- fore the Committee on Energy and Nat- the United States Government for fis- ural Resources. tion District or within the Medford Ir- cal year 2006, revising appropriate rigation District, and for other pur- The hearing will be held on Tuesday, budgetary levels for fiscal year 2005, poses. October 25, 2005 at 10 a.m. in Room SD– and setting forth appropriate budg- The PRESIDING OFFICER. Without 366 of the Dirksen Senate Office Build- etary levels for fiscal years 2007 objection, it is so ordered. ing. through 2010, and to agree on rec- COMMITTEE ON ENERGY AND NATURAL The purpose of the hearing is to re- ommendations with it will make to the RESOURCES ceive testimony on S. 1829, to repeal Committee on the Budget thereon. Mr. STEVENS. Mr. President, I ask certain sections of the Act of May 26, The PRESIDING OFFICER. Without unanimous consent that the Com- 1936, pertaining to the Virgin Islands; objection, it is so ordered. mittee on Energy and Natural Re- S. 1830, to amend the Compact of Free COMMITTEE ON ARMED SERVICES sources be authorized to meet during Association Amendments Act of 2003, Mr. STEVENS Mr. President, I ask the session of the Senate on Thursday, and for other purposes; and S. 1831, to unanimous consent that the Com- October 6 at 10 a.m. convey certain submerged land to the mittee on Armed Services be author- The purpose of this hearing is to re- Commonwealth of the Northern Mar- ized to meet during the session of the ceive an update on Hurricanes Katrina iana Islands, and for other purposes. Senate on October 6, 2005, at 9:30 a.m. and Rita’s effects on energy infrastruc- Because of the limited time available in open session to receive testimony on ture and the status of recovery efforts for the hearing, witnesses may testify United States Military Strategy and in the gulf coast region. by invitation only. However, those Operations in Iraq. The PRESIDING OFFICER. Without wishing to submit written testimony The PRESIDING OFFICER. Without objection, it is so ordered. for the hearing record should send two objection, it is so ordered. COMMITTEE ON ENVIRONMENTAL PUBLIC WORKS copies of their testimony to the Com- COMMITTEE ON ARMED SERVICES Mr. STEVENS. Mr. President, I ask mittee on Energy and Natural Re- Mr. STEVENS Mr. President, I ask unanimous consent that the Com- sources, United States Senate, Wash- unanimous consent that the Com- mittee on Environment and Public ington, DC 20510–6150. mittee on Armed Services be author- Works be authorized to meet on Octo- For further information, please con- ized to meet during the session of the ber 6th, 2005 at 9:30 a.m. for a business tact Josh Johnson (202) 224–5861 or Senate on October 6, 2005, at 10 a.m. in meeting to consider the following Steve Waskiewicz at (202) 228–6195. open session to consider the following nominations: Santanu K. Baruah, of SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS nominations: Honorable Michael W. Oregon, to be Assistant Secretary of Mr. CRAIG. Mr. President, I would Wynne, to be Secretary of the Air Commerce for Economic Development; like to announce for the information of Force and Dr. Donald C. Winter, to be George M. Gray, of Massachusetts, to the Senate and the public that a hear- Secretary of the Navy. be an Assistant Administrator of the ing has been scheduled before the Sub- The PRESIDING OFFICER. Without Environmental Protection Agency; committee on Public Lands and For- objection, it is so ordered. Lyons Gray, of North Carolina, to be ests of the Committee on Energy and Chief Financial Officer, Environmental COMMITTEE ON BANKING, HOUSING, AND URBAN Protection Agency; H. Dale Hall, of Natural Resources. AFFAIRS New Mexico, to be Director of the The hearing will be held on Wednes- Mr. STEVENS. Mr. President, I ask United States Fish and Wildlife Serv- day, October 26, 2005, at 2 p.m. in Room unanimous consent that the Com- ice; and Edward McGaffigan, Jr., of SD–366 of the Dirksen Senate Office mittee on Banking, Housing, and Virginia, to be a Member of the Nu- Building. Urban Affairs be authorized to meet clear Regulatory Commission for the The purpose of the hearing is to re- during the session of the Senate on Oc- term of five years expiring June 30, ceive testimony on the implementation tober 6, 2005, at 10 a.m. to conduct a 2010. of the Federal Lands Recreation En- hearing on ‘‘A Review of the CFIUS The PRESIDING OFFICER. Without hancement Act, P.L. 108–447 by the Process for Implementing the Exon- objection, it is so ordered. Forest Service and the Department of Florio Amendment.’’ COMMITTEE ON ENVIRONMENT AND PUBLIC the Interior. The PRESIDING OFFICER. Without WORKS Because of the limited time available objection, it is so ordered. Mr. STEVENS. Mr. President, I ask for the hearing, witnesses may testify COMMITTEE ON ENERGY AND NATURAL unanimous consent that the Com- by invitation only. However, those RESOURCES mittee on Environment and Public wishing to submit written testimony Mr. STEVENS. Mr. President, I ask Works be authorized to meet on Octo- for the hearing record should send two unanimous consent that the Com- ber 6, 2005 at 9:35 a.m. to conduct a copies of their testimony to the Com- mittee on Energy and Natural Re- hearing to receive testimony on the ac- mittee on Energy and Natural Re- sources be authorized to meet during tions of EPA, the Army Corps of Engi- sources, United States Senate, Wash- the session of the Senate on Thursday, neers and the Federal Highway Admin- ington, DC 20510–6150. October 6 at 3 p.m. The purpose of this istration as they relate to Hurricane For further information, please con- hearing is to receive testimony on S. Katrina. tact Frank Gladics at 202–224–2878 or 1025, to amend the act entitled ‘‘An Act The PRESIDING OFFICER. Without Kristina Rolph at 202–224–8276. to Provide for the Construction of the objection, it is so ordered.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00159 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD—SENATE 22513 COMMITTEE ON FINANCE Agenda committee on Federal Financial Man- Mr. STEVENS. Mr. President, I ask I. Nominations: Timothy Flanigan to agement, Government Information, unanimous consent that the Com- be Deputy Attorney General; and and International Security be author- mittee on Finance be authorized to Susan Neilson to be U.S. Circuit Judge ized to meet on Thursday, October 6, meet during the session on Thursday, for the Sixth Circuit. 2005, at 2:30 p.m., for a hearing regard- October 6, 2005, at 10 a.m., to hear testi- II. Bills: S. 1088 Streamlined Proce- ing ‘‘How Does the Federal Govern- mony on ‘‘The Future of the Gulf dures Act of 2005. Kyl, Cornyn, Grass- ment Lease Needed Space?’’ Coast: Using Tax Policy to Help Re- ley, Hatch; S. 1789 Personal Data Pri- THE PRESIDING OFFICER. Without build Businesses and Communities and vacy and Security Act of 2005. Specter, objection, it is so ordered. Support Families After Disasters.’’ Leahy, Feinstein, Feingold; S. 751 Noti- SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT The PRESIDING OFFICER. Without fication of Risk to Personal Data Act. MANAGEMENT, THE FEDERAL WORKFORCE AND objection, it is so ordered. Feinstein, Kyl; S. 1326 Notification of THE DISTRICT OF COLUMBIA Mr. STEVENS. Mr. President, I ask COMMITTEE ON FINANCE Risk to Personal Data Act. Sessions; S. unanimous consent that the Sub- Mr. STEVENS. Mr. President, I ask 1086 A Bill to Improve the National Program to Register and Monitor Indi- committee on Oversight of Government unanimous consent that the Com- viduals Who Commit Crimes Against Management, the Federal Workforce, mittee on Finance be authorized to Children or Sex Offenses. Hatch, Biden, and the District of Columbia be author- meet during the session on Thursday, Schumer; S. 956 Jetseta Gage Preven- ized to meet on Thursday, October 6, at October 6, 2005, at 2:30 p.m., to hear tes- tion and Deterrence of Crimes Against 2:30 p.m., for a hearing entitled, ‘‘From timony on ‘‘U.S.-Bahrain Free Trade Children Act of 2005. Grassley, Kyl, Factory to Foxhole: Improving DoD Agreement.’’ Cornyn; S. 1699 Stop Counterfeiting in Logistics.’’ The PRESIDING OFFICER. Without Manufactured Goods Act. Specter, THE PRESIDING OFFICER. Without objection, it is so ordered. Leahy, Hatch, DeWine, Cornyn, Brown- objection, it is so ordered. COMMITTEE ON FOREIGN RELATIONS back, Feingold; S. 1095 Protecting f Mr. STEVENS. Mr. President, I ask American Goods and Services Act of PRIVILEGE OF THE FLOOR unanimous consent that the Com- 2005. Cornyn, Leahy; H.R. 683 Trade- mittee on Foreign Relations be author- mark Dilution Revision Act of 2005. Mr. SCHUMER. Mr. President, first, I ized to meet during the session of the Smith–TX; S. 443 Antitrust Criminal would like to request unanimous con- Senate on Thursday, October 6, 2005, at Investigative Improvements Act of sent to grant floor privileges for the re- 11 a.m., to hold a hearing on Nomina- 2005. DeWine, Kohl, Leahy; S. 1787 Re- mainder of this Congress for Tovah tions. lief to Victims of Hurricane Katrina Calderon, a detailee from the Depart- The PRESIDING OFFICER. Without and Other Natural Disasters Act of ment of Justice, who is currently serv- objection, it is so ordered. 2005. Vitter, Grassley, Cornyn, DeWine; ing on my Judiciary Committee staff. Mr. STEVENS. Mr. President, reserv- COMMITTEE ON FOREIGN RELATIONS and S. 1647 Hurricane Katrina Bank- ing the right to object—for the rest of Mr. STEVENS. Mr. President, I ask ruptcy Relief and Community Protec- this Congress? Did the Senator say for unanimous consent that the Com- tion Act of 2005. Feingold, Leahy, Dur- bin, Kennedy, Feinstein. the remainder of this Congress? mittee on Foreign Relations be author- Mr. SCHUMER. I believe she is going ized to meet during the session of the The PRESIDING OFFICER. Without objection, it is so ordered. to be here for the next year and a half. Senate on Thursday, October 6, 2005, at I could ask for the next year. 2:30 p.m., to hold a hearing on Nomina- COMMITTEE ON THE JUDICIARY Mr. STEVENS. Mr. President, I ask Mr. STEVENS. Mr. President, I am tions. obligated to object, and I suggest the The PRESIDING OFFICER. Without unanimous consent that the Com- mittee on the Judiciary be authorized Senator get clearance on that. objection, it is so ordered. to meet to conduct a hearing on ‘‘Exec- Mr. SCHUMER. Let me amend my re- COMMITTEE ON HOMELAND SECURITY AND utive Nominations’’ on Thursday, Oc- quest, with the permission of my friend GOVERNMENTAL AFFAIRS tober 6, 2005, at 2:30 p.m., in the Dirk- from Alaska, to grant floor privileges Mr. STEVENS. Mr. President, I ask sen Senate Office Building Room 226. for the remainder of this session of unanimous consent that the Com- Congress for Tovah Calderon, a detailee mittee on Homeland Security and Gov- Witness List from the Department of Justice. ernmental Affairs be authorized to Panel I: Members of Congress. The PRESIDING OFFICER. Is there meet on Thursday, October 6, 2005, at 9 Panel II: Wan Kim to be an Assistant objection? a.m., for a hearing titled; ‘‘Hurricane Attorney General, Civil Rights Divi- Mr. STEVENS. Mr. President, may I Katrina: How Is FEMA Performing Its sion; Steven G. Bradbury to be an As- again inquire of the Senator? Is this Mission at This Stage of Recovery?’’ sistant Attorney General for the Office person on your staff? The PRESIDING OFFICER. Without of Legal Counsel; Sue Ellen Wooldridge Mr. SCHUMER. Yes. She is a detailee objection, it is so ordered. to be an Assistant Attorney General, from the Department of Justice. We COMMITTEE ON HOMELAND SECURITY AND Environment and Natural Resources have detailees on the Judiciary Com- GOVERNMENTAL AFFAIRS Division; and Thomas O. Barnett to be mittee. Mr. STEVENS. Mr. President, I ask an Assistant Attorney General, Anti- Mr. STEVENS. This is floor privi- unanimous consent that the Com- trust Division. leges. It is not necessarily continuous mittee on Homeland Security and Gov- The PRESIDING OFFICER. Without access. Does she have to go through the ernmental Affairs be authorized to objection, it is so ordered. normal process of obtaining access the meet on Thursday, October 6, 2005, at 10 SELECT COMMITTEE ON INTELLIGENCE way any other staff would? a.m., for a hearing titled; ‘‘FEMA Sta- Mr. STEVENS. Mr. President, I ask Mr. SCHUMER. Yes. She would have tus Report on Recovery Efforts in the unanimous consent that the Select to go through the normal process. Mr. STEVENS. I will not object. Gulf States’’ Committee on Intelligence be author- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ized to meet during the session of the objection, it is so ordered. objection, it is so ordered. Senate on October 6, 2005, at 2:30 p.m., to hold a closed briefing. f COMMITTEE ON THE JUDICIARY The PRESIDING OFFICER. Without ORDERS FOR FRIDAY, OCTOBER 7, Mr. STEVENS. Mr. President, I ask objection, it is so ordered. 2005 unanimous consent that the Com- SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- mittee on the Judiciary be authorized AGEMENT, GOVERNMENT INFORMATION, AND Mr. STEVENS. Mr. President, I ask to meet to conduct a markup on Thurs- INTERNATIONAL SECURITY unanimous consent that the Senate day, October 6, 2005, at 9:30 a.m. in Sen- Mr. STEVENS. Mr. President, I ask stand in recess until 8:15 a.m. on Fri- ate Dirksen Office Building Room 226. unanimous consent that the Sub- day, October 7. I further ask consent

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00160 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22514 CONGRESSIONAL RECORD—SENATE October 6, 2005 that following the prayer and pledge, We are not quite there yet, but we EXECUTIVE OFFICE OF THE PRESIDENT the Journal of proceedings be approved may yet get there by the time we close SUSAN C. SCHWAB, OF MARYLAND, TO BE A DEPUTY UNITED STATES TRADE REPRESENTATIVE, WITH THE to date, the time for the two leaders be the debate in just a few hours. But, RANK OF AMBASSADOR, VICE PETER F. ALLGEIER. reserved, and the Senate then resume really, the staff has done more than DEPARTMENT OF STATE consideration of H.R. 2863, the Defense they should be asked, to stay this late. JEFFREY THOMAS BERGNER, OF VIRGINIA, TO BE AN appropriations bill. I further ask con- We have tried four or five different ASSISTANT SECRETARY OF STATE (LEGISLATIVE AF- sent that following the leader’s re- compromises in the last 8 hours, and FAIRS), VICE PAUL VINCENT KELLY RESIGNED. NICHOLAS F. TAUBMAN, OF VIRGINIA, TO BE AMBAS- marks, Senator LANDRIEU be recog- we are not quite there yet. But we may SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF nized to speak until 9:15. I further ask be there in the morning when the Sen- THE UNITED STATES OF AMERICA TO ROMANIA. SUSAN RASINSKI MCCAW, OF WASHINGTON, TO BE AM- consent that immediately following ate comes out of recess. BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF her remarks, and with no intervening I am going to continue to work AUSTRIA. action or debate, all time under cloture through the evening to see if we can LEGAL SERVICES CORPORATION then be considered expired, the bill be find some sort of solution so that our SARAH M. SINGLETON, OF NEW MEXICO, TO BE A MEM- read a third time, and the Senate pro- four States—Louisiana, Mississippi, BER OF THE BOARD OF DIRECTORS OF THE LEGAL SERV- ceed to a vote on passage of the bill, Alabama, and Texas—can be treated in ICES CORPORATION FOR A TERM EXPIRING JULY 13, 2008, VICE ERNESTINE P. WATLINGTON, TERM EXPIRED. with no intervening action or debate. the same way with the same respect as UNITED STATES INSTITUTE OF PEACE The PRESIDING OFFICER. Is there other States have in disasters in the RON SILVER, OF NEW YORK, TO BE A MEMBER OF THE objection? past. BOARD OF DIRECTORS OF THE UNITED STATES INSTI- Without objection, it is so ordered. I thank the Senator for his patience TUTE OF PEACE FOR A TERM EXPIRING JANUARY 19, 2009, VICE STEPHEN D. KRASNER, TERM EXPIRED. Mr. STEVENS. Before we recess, I throughout the evening. JUDY VAN REST, OF VIRGINIA, TO BE A MEMBER OF will yield to the Senator from Lou- The PRESIDING OFFICER. The Sen- THE BOARD OF DIRECTORS OF THE UNITED STATES IN- STITUTE OF PEACE FOR A TERM EXPIRING JANUARY 19, isiana for 5 minutes before we close. ator from Alaska. 2009, VICE DANIEL PIPES. Ms. LANDRIEU. I thank the Senator Mr. STEVENS. Mr. President, I IN THE COAST GUARD from Alaska. thank the Senator from Louisiana. THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- The PRESIDING OFFICER. The Sen- MENT AS PERMANENT COMMISSIONED REGULAR OFFI- f CERS IN THE UNITED STATES COAST GUARD IN THE ator from Louisiana. GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: Ms. LANDRIEU. I thank the Chair. PROGRAM To be lieutenant f Mr. STEVENS. Mr. President, we will THEA IACOMINO, 0000 DISASTER ASSISTANCE reconvene at 8:15 tomorrow morning. LOUVENIA A. MCMILLAN, 0000 IN THE AIR FORCE Ms. LANDRIEU. Mr. President, it has Following additional remarks by Sen- ator LANDRIEU in the morning, we will THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED been a very long day. I am hoping, as STATES OFFICERS FOR APPOINTMENT IN THE RESERVE this day continues into the evening vote on passage of the Defense appro- OF THE AIR FORCE TO THE GRADES INDICATED UNDER priations bill. That vote will occur con- TITLE 10, U.S.C., SECTION 12203: hours, as we continue to work on the To be major general underlying bill, which is the Defense cerning at 9:15. Following that vote, we will proceed to the Homeland Security BRIGADIER GENERAL EUGENE R. CHOJNACKI, 0000 appropriations bill, to have an amend- BRIGADIER GENERAL KENNETH R. CLARK, 0000 ment dealing with Hurricane Katrina appropriations conference report. It is BRIGADIER GENERAL DAVID F. WHERLEY, JR., 0000 in a way this Congress might respond my understanding that we will be able BRIGADIER GENERAL HARRY M. WYATT III, 0000 To be brigadier general to this urgent need. I thank the Sen- to consider that conference report ator from Alaska for his patience under a 30–minute time agreement and COLONEL WILLIAM R. BURKS, 0000 that a vote would not be necessary. We COLONEL IWAN B. CLONTZ, 0000 through this day because the issue that COLONEL STEVEN R. DOOHEN, 0000 is before us really is not an amendment have not locked in that agreement. We COLONEL DONALD E. FICK, 0000 will turn to that conference report in COLONEL DAVID J. HATLEY, 0000 on the Defense bill. It is a separate COLONEL KENNETH M. JEFFERSON, 0000 issue but needs to be handled before we the morning after voting on the DOD COLONEL ROBERT H. JOHNSTON, 0000 appropriations bill. COLONEL DANIEL B. O’HOLLAREN, 0000 leave, in my opinion. COLONEL RANDOLPH M. SCOTT, 0000 COLONEL MARK F. SEARS, 0000 That is why I have stayed here f COLONEL HAYWOOD R. STARLING, JR., 0000 throughout the day and have been COLONEL BROCK JOHN T. STROM, 0000 RECESS UNTIL 8:15 A.M. COLONEL ERNEST G. TALBERT, 0000 here, of course, throughout the week, COLONEL EDWARD J. THOMAS, JR., 0000 in many meetings and phone calls, and Mr. STEVENS. Mr. President, if COLONEL LAWRENCE S. THOMAS III, 0000 COLONEL RICHARD J. UTECHT, 0000 now in time on the floor throughout there is no further business to come be- COLONEL GUY M. WALSH, 0000 the day, to try to find a way to get fore the Senate, I ask unanimous con- COLONEL ELLIOTT W. WORCESTER, JR., 0000 COLONEL ROBERT J. YAPLE, 0000 some immediate help to our cities and sent that the Senate stand in recess in IN THE ARMY parishes and counties along the gulf accordance with the previous order. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT coast. It looks like there is a possi- There being no objection, the Senate, IN THE RESERVE OF THE ARMY TO THE GRADES INDI- bility that still might be the case. at 1:39 a.m., recessed until Friday, Oc- CATED UNDER TITLE 10, U.S.C., SECTION 12203: But because of the lateness of the tober 7, 2005, at 8:15 a.m. To be major general hour, really for the staff that has been f BRIG. GEN. THOMAS D. ROBINSON, 0000 here so long, I am going to agree to To be brigadier general continue to work through the night, NOMINATIONS COL. CHARLES D. ESTES, 0000 allow the staff to take a recess, and COL. ELLEN P. GREENE, 0000 Executive nominations received by COL. LUIS R. VISOT, 0000 spend some time on this, as I have the Senate October 6, 2005: IN THE NAVY throughout the last few hours, working MORRIS K. UDALL SCHOLARSHIP AND EXCEL- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT with my colleagues, particularly Sen- LENCE IN NATIONAL ENVIRONMENTAL POLICY IN THE UNITED STATES NAVY TO THE GRADE INDICATED ator LEVIN from Michigan, who has put FOUNDATION WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND in a tremendous amount of time, other RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TERRENCE L. BRACY, OF VIRGINIA, TO BE A MEMBER To be vice admiral Senators, Senator CARPER from Dela- OF THE BOARD OF TRUSTEES OF THE MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRON- REAR ADM. PATRICK M. WALSH, 0000 ware, Senator CLINTON, Senator DUR- MENTAL POLICY FOUNDATION FOR A TERM EXPIRING BIN, Senator REID. And Senator FRIST OCTOBER 6, 2010. (REAPPOINTMENT) IN THE AIR FORCE has been here for a while. Of course, DEPARTMENT OF COMMERCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE AIR Senator VITTER was here earlier trying DAVID STEELE BOHIGIAN, OF MISSOURI, TO BE AN AS- FORCE UNDER TITLE 10, U.S.C., SECTION 12203: to get through this process, with the SISTANT SECRETARY OF COMMERCE, VICE WILLIAM To be colonel HENRY LASH, III, RESIGNED. specific focus of mine being to try to JOHN S. BAXTER, 0000 DEPARTMENT OF THE TREASURY get our State in the same situation IN THE ARMY that other States have been put in ANTONIO FRATTO, OF PENNSYLVANIA, TO BE AN AS- SISTANT SECRETARY OF THE TREASURY, VICE ROBERT THE FOLLOWING NAMED ARMY NATIONAL GUARD OF when they needed help. STANLEY NICHOLS. THE UNITED STATES OFFICER FOR APPOINTMENT TO

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THE GRADE INDICATED IN THE RESERVE OF THE ARMY DEBORAH K. KNICKERBOCKER, 0000 MATTHEW F. AMIDON, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JOHN R. MAGRANE, JR., 0000 SCOTT R. ANDERSON, 0000 JAMES P. MAHONEY, 0000 BRANDEN G. BAILEY, 0000 To be colonel JOSEPH A. MAIELLO, 0000 GUY G. BERRY, 0000 JOSE R. RAEL, 0000 WENDELL R. MANN, 0000 MICHAEL J. BLACK, 0000 DENNIS R. MILLER, 0000 JEFFREY M. BONNER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SCOTT A. MILLER, 0000 ADAM L. BUSH, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE BRADLEY K. MITCHELL, 0000 JOHN F. BUXTON, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: WENDY P. POLHEMUS, 0000 KELLY D. CAILLOUET, 0000 To be colonel WILLIAM A. PULIG, 0000 DANIEL P. CARLSON, 0000 DENNIS P. RATASHAK, 0000 JANO R. CARLSON, 0000 SUZANNE R. AVERY, 0000 ERIC RODRIGUEZ, 0000 GLEN B. CAULEY, 0000 JAMES FIKES, 0000 JONNIE S. RUPP, 0000 VINCENT J. CIUCCOLI, 0000 VAN M. DAVIDSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GINA D. SEILER, 0000 JEFFREY L. DAVIS, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE WILLIAM H. SNOW, 0000 DOUGLAS S. DEWOLFE, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DWIGHT A. THOMPSON, 0000 ALTHEA G. WATSON, 0000 SCOTT E. DORNISCH, 0000 To be colonel JEFFREY L. WEAVER, 0000 BRIAN W. EVANS, 0000 JAY M. WEBB, 0000 GUY J. FARMER, 0000 DONNA J. DOLAN, 0000 DENNIS J. WHITE, 0000 BRIAN W. FOSTER, 0000 MICHAEL G. LABELLE, 0000 STEVEN A. WIENEKE, 0000 DANIEL J. GILKEY, 0000 STEVEN D. PEAK, 0000 BARRY M. WIKES, 0000 GARY W. GRAHAM, 0000 DEBORAH F. SIMPSON, 0000 CAROL L. ZIERES, 0000 JASON S. GUELLO, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GREGORY R. HAUCK, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID B. HAYNES, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: SAMUEL N. HOTZ, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: GERALD W. KEARNEY, JR., 0000 To be colonel To be colonel BRIAN M. KENNEDY, 0000 PETER W. KOENEMAN, 0000 PAUL F. ABBEY, 0000 JAMES W. AGNEW, 0000 JOHN M. KOURY, 0000 JAMES P. BARNES, 0000 STEVEN C. ALLGOOD, 0000 DAVID L. KOWALSKI, 0000 JAMES N. BAUM, 0000 DAVID P. ANGELETTE, 0000 JASON C. LATCHAW, 0000 SCOTT E. BOMBERG, 0000 MARK ANSTADT, 0000 KEVIN M. LILLY, 0000 ERIC W. BOWLES, 0000 DAMON T. ARNOLD, 0000 SCOTT J. LUCKIE, 0000 DUANE F. CARTWRIGHT, 0000 JOHN V. BARTON, 0000 WILLIAM P. MACNAUGHTON, 0000 STACY B. ELLISON, 0000 JAMES BAYLEY, 0000 BENJAMIN W. MALMANGER, 0000 ELLYN M. ENGLISH, 0000 DANIEL J. BOCHICCHIO, 0000 JAMES E. MANEL, 0000 ALBERT F. GRUBER, 0000 REYNAL L. CALDWELL, 0000 LAWRENCE G. MASSEY, JR., 0000 FREDERICK D. HOGAN, 0000 GINA R. CARTER, 0000 ERIC J. MATTSON, 0000 LYNDON S. HURT, 0000 PAUL M. CHETHAM, 0000 DAVID B. MCCANN, 0000 DAVID G. JULIAN, 0000 JAMES K. COOPER II, 0000 MICHAEL T. MCCOMAS, 0000 MANUEL L. LABORDE, 0000 VICTOR H. DAVIS, 0000 CARL L. MCLEOD, 0000 JOSEPH D. LYVERS, 0000 JAMES R. DOWNEY, 0000 JASON D. MERKER, 0000 DEBORAH J. MICHAEL, 0000 PAUL A. DURON, 0000 MARK A. MERRILL, 0000 JOE D. ONEAL, 0000 BRIAN J. EASTRIDGE, 0000 JOHN E. MING, 0000 GARY W. REEVES, 0000 KEVAGHN P. FAIR, 0000 KYLE J. MOORE, 0000 DANIEL E. SAVITSKE, 0000 CHARLES J. FISHER, JR., 0000 STEFAN J. MUELLER, 0000 TERRY R. SCHMUNK, 0000 DAVID R. FOHAN, 0000 JEFFREY T. MURPHY, 0000 JACK N. SEIDENBERG, 0000 ALVIS R. FORBES, 0000 SCOTT A. NICHOLSEN, 0000 WARREN A. WILLIAMS, 0000 TODD R. FREDRICKS, 0000 MARK T. PALIOTTA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT E. GORTON, JR., 0000 THOMAS F. PAQUIN, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE JAMES R. GREGOIRE, 0000 MATTHEW D. PARKER, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JOSEFINA T. GUERRERO, 0000 CHRISTIAN E. PARSON, 0000 WILLIAM G. GUTHEIM, 0000 GRANT M. PENNINGTON, 0000 To be colonel ROBERT W. HANDY, 0000 BRIAN N. PINCKARD, 0000 JEFFREY T. HAUGH, 0000 STEPHEN PRITCHARD, 0000 PAUL S. ASTPHAN, 0000 SUSAN W. HOLE, 0000 CHRISTOPHER K. RAIBLE, 0000 LUCY A. P. BLAND, 0000 HAROLD W. HUGHES, 0000 JADE N. RICHARD, 0000 GAYE E. BROADWAY, 0000 JOE W. HUNT, 0000 DANIEL D. ROSE, 0000 NORMAN A. CUMMINS, 0000 VITO D. IMBASCIANI, 0000 MORGAN N. SAVAGE, 0000 MADELINE B. DUNNIHOO, 0000 MARK J. IVEY, 0000 TODD R. SCHIRO, 0000 MARY R. ENDERLE, 0000 PURNIMA P. JOSHI, 0000 JEFFREY B. SCOTT, 0000 THEODOCIA C. FARRALES, 0000 CLARENCE T. JOUSTRA, 0000 CORY G. SIMMONS, 0000 GENEVIEVE M. FULLER, 0000 MICHAEL E. KELLY, 0000 SCOTT A. SITTERLE, 0000 CHARLENE M. GODEC, 0000 ROBERT W. KELLY, 0000 BRIAN C. SMITH, JR., 0000 MARY C. GOMEZ, 0000 JAMES K. KERR III, 0000 KARL J. STOETZER, 0000 JOAN M. GOUGE, 0000 KHIN M. KYI, 0000 GEOFFREY T. TETTERTON, 0000 JUDITH R. HASELTINE, 0000 JANET I. LAWRENCE, 0000 ADAM J. TKACH, 0000 KATHLEEN A. HAYES, 0000 KENNETH K. K. LEE, 0000 ROBERT J. VANDERWOUDE, 0000 DONNA N. HERSHEY, 0000 OWEN LEE, 0000 DAVID W. VANHOOF, 0000 RICHARD D. HUMES, 0000 GORDON D. LEINGANG, 0000 LAWRENCE A. WASHINGTON, 0000 EMMETTE G. JONES, JR., 0000 LESTER L. LEWIS, JR., 0000 BRENT A. WEATHERS, 0000 SHIRLEY A. KUBIAK, 0000 CHERYL A. LITTLE, 0000 JOHN N. WILKIN, 0000 GWENDOLYN J. LEMAIRE, 0000 DEBORAH A. MCCLAIN, 0000 KEVIN W. WINTER, 0000 MARY E. LINK, 0000 RUSSELL J. OTTO, 0000 RICHARD B. YOUNG II, 0000 SHARON K. LUCARELLI, 0000 MITCHELL H. PAULIN, 0000 LAURA J. LUDWIG, 0000 JOHN C. PITTARD, 0000 IN THE NAVY MICHAEL R. MANANSALA, 0000 JAMES W. Y. QUAN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOAN A. MARKS, 0000 DARRYL R. QUIRAM, 0000 DEBRA F. MCNAMARA, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY GREGORY C. RISK, 0000 UNDER TITLE 10, U.S.C., SECTION 624: FRANKLIN J. MCSHANE, 0000 MICHAEL H. ROSENBERG, 0000 JANET F. MCTURNAL, 0000 ERIC F. SABETY, 0000 To be captain SHARON M. NAVRATIL, 0000 LINDA C. SHACKELFORD, 0000 WILLIAM D. FUSON, 0000 SHIRLEY E. NEVILLE, 0000 BARRIE V. SMITH, 0000 PATRICIA A. L. PRATT, 0000 BRENT A. SMITH, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- MARTIN R. RIDGE, 0000 JULIUS L. TEAGUE, 0000 POINTMENT IN THE GRADES INDICATED IN THE UNITED BEVERLY L. SMITHTILLERY, 0000 JACOB TENDLER, 0000 STATES NAVY UNDER TITLE 10, U.S.C. SECTION 531: WENDY L. TAYLOR, 0000 GREGORY K. TERPSTRA, 0000 JAMES D. WAECHTER, 0000 MARK A. VANANTWERP, 0000 To be captain SYBIL M. WEIRMCNEELY, 0000 JOSEF J. VANEK, 0000 BRINDA F. WILLIAMSMORGAN, 0000 DANIEL ALBRECHT, 0000 LUIS L. VILLARRUEL, 0000 DANIEL C. ALDER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRUCE V. VOSS, 0000 RAYMOND V. ANDERSON, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE PERRY T. WALTERS, 0000 DONALD R. BENNETT, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DARREL W. WYATT, 0000 GAYLA J. BERGREN, 0000 DAVID A. YEROPOLI, 0000 To be colonel KENNETH G. BRADSHAW, 0000 IN THE MARINE CORPS STEVE J. BRASINGTON, 0000 LYNN S. ALSUP, 0000 THOMAS E. BRODERICK, 0000 MARTHA A. BIASTOCH, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SANDRA T. BUCKLES, 0000 DENNIS T. BROWN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- TERESA M. BUESCHER, 0000 ROBERT W. BROWN II, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: THOMAS A. CARLSON, 0000 ROBERT M. CODY, 0000 To be major DONALD J. CENTNER, 0000 JAMES C. COLEMAN, 0000 WILLIAM B. COGAR, 0000 CATHERINE L. COOK, 0000 DARREN W. MILTON, 0000 BERTRAM M. CRAWFORD, 0000 BRUCE J. CORNELISON, 0000 WILLIAM F. CUDDY, JR., 0000 WALTER J. DAVIS, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- MICHAEL J. CURRAN, 0000 WILLIAM H. DEGRAY, 0000 POINTMENT IN THE GRADE INDICATED IN THE UNITED DAVID L. DAUGHERTY, 0000 CECILIA I. FLORES, 0000 STATES MARINE CORPS UNDER TITLE 10,U.S.C., SECTION MARLENE DEMAIO, 0000 IRENE L. FRAZIER, 0000 531: ROBERT T. ELDER, 0000 FELICIA FRENCH, 0000 To be major DENIS M. FAHERTY, 0000 SCOTT A. GRONEWOLD, 0000 BARBARA FORD, 0000 JOHN H. GROTE, JR., 0000 CHRISTOPHER J. AABY, 0000 JOSEPH M. FOSTER, 0000 DAVID HOWE, 0000 DAVID A. ADAMS, 0000 DANIEL E. FREDERICK, 0000

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CRAIG E. GALLOWAY, 0000 ROBERT E. BURKE, 0000 JOHN A. KENNEDY, JR., 0000 RICHARD R. GATES, 0000 MICHAEL L. BURLESON, 0000 MAUREEN T. KENNEDY, 0000 TAMMY S. GERSTENFELD, 0000 JERRY N. BURTON, JR., 0000 NEIL M. KING, 0000 KENT S. GORE, 0000 JACQUELYN L. CALBERT, 0000 CHARLES P. KLIEWER, 0000 KEVIN L. GREASON, 0000 ROBERT A. CALLISON, 0000 WILLIAM J. KLORIG, 0000 GUERARD P. GRICE, 0000 PAUL T. CAMARDELLA, 0000 TREYCE S. KNEE, 0000 DAVID B. GRIMLAND, 0000 NESTOR H. CAMERINO, JR., 0000 TIMOTHY KOBERNIK, 0000 EDWIN S. HENRY, 0000 DUANE C. CANEVA, 0000 TIMOTHY J. KOESTER, 0000 ANITA H. HICKEY, 0000 DOUGLAS N. CARBINE, 0000 JEFFREY N. KORSNES, 0000 MARK P. HONIG, 0000 JANIS R. CARLTON, 0000 JACQUELINE KOVACS, 0000 WHITNEY H. HOWARD, 0000 MATTHEW A. CARR, 0000 ERIC J. KUNCIR, 0000 PETER A. HUSTA, 0000 MICHAEL E. CLARK, 0000 PAMELA S. KUNZE, 0000 KATHERINE L. IMMERMAN, 0000 JOHN P. CLAYTON, 0000 CHARLES S. KUZMA, 0000 WAYNE S. INMAN, 0000 LAWRENCE G. COLEMAN, 0000 DANIEL M. LAFFERTY, 0000 RONALD L. JEFFREY, 0000 STEWART W. COMER, 0000 WILLIAM M. LANDE, 0000 IGOR A. JERCINOVICH, 0000 JEFFREY A. CONWELL, 0000 JOHN B. LANDIS, 0000 PAUL C. KELLEHER, 0000 JOHN L. CORREA, 0000 FREDERICK J. LANDRO, 0000 DOUGLAS P. KEMPF, 0000 LAWRENCE E. CRIMMINS, 0000 MICHAEL J. LANE, 0000 NOELINE KHAW, 0000 MIGUEL A. CUBANO, 0000 PATRICK R. LARABY, 0000 DAVID G. KLOAK, 0000 JAMES T. CURRY, 0000 ROBERT P. LARYS, 0000 BRENDA A. LARKIN, 0000 RHODEL F. DACANAY, 0000 GARY W. LATSON, 0000 STEPHEN J. LINEHAN, 0000 MARK A. DAELEY, 0000 LOUIS V. LAVOPA, 0000 KEVIN S. LYLES, 0000 PATRICK J. DAIGLE, 0000 PATRICK L. LAWSON, 0000 MARIAN L. MACDONALD, 0000 MICHAEL H. DANENBERG, 0000 CALVIN S. LEDFORD, 0000 RANDALL C. MAPES, 0000 CHIN V. DANG, 0000 NORMAN LEE, 0000 LLOYD W. MARLAND, 0000 DARYL K. DANIELS, 0000 JEFFREY T. LENERT, 0000 GARY A. MAYNARD, 0000 THOMAS P. DAVIS, 0000 STEPHEN J. LEPP, 0000 JOSEPH C. MCGOWAN, 0000 SUBRATO J. DEB, 0000 RANDALL J. T. LESCAULT, 0000 STEPHEN R. MERRILL, 0000 KEVIN DELAHANTY, 0000 ALAN LIM, 0000 JOHN L. MORRIS, 0000 DAVID M. DELONGA, 0000 ALAN A. LIM, 0000 GARY L. MUNN, 0000 LIBERIO E. DEMEDEIROS, 0000 RONALD L. LINFESTY, 0000 GARY NOBLE, 0000 GERALD D. DENTON, 0000 FRANCESCA K. LITOW, 0000 LAWRENCE E. OLSEN, 0000 JOHN E. DEORDIO, 0000 MARGARET A. LLUY, 0000 KAY M. OSBORNE, 0000 JEROME V. DILLON, 0000 JEFFREY L. LORD, 0000 GREGORY R. OSTROWSKI, 0000 MARK A. DOBBERTIEN, 0000 JAMES A. LOWDER, 0000 RUSSELL G. PENDERGRASS, 0000 ROBERT J. DONOVAN, 0000 ROBERT E. LUCAS, 0000 PABLO D. PIZARRO, 0000 CHRISTINE E. DORR, 0000 JEFFREY R. LUKISH, 0000 KEVIN R. PORTER, 0000 ALAN B. DOUGLASS, 0000 MARK B. LYLES, 0000 RANDALL N. PRATT, JR., 0000 THOMAS C. DOWDEN, 0000 EDWARD J. LYNCH, 0000 ROBERT W. QUIGG, 0000 JAMES R. DUNNE, 0000 KAREN M. LYNCH, 0000 MARK E. RALSTON, 0000 EDDY L. ECHOLS, 0000 SCOTT A. MAGNES, 0000 FRANK P. REYNOLDS, 0000 KENNETH L. EISENBERG, 0000 RICHARD T. MAHON, 0000 THOMAS L. RICHIE, 0000 SCOTT M. EMISON, 0000 JESUS V. MALLARI, 0000 DAVID N. RICKEY, 0000 TODD L. EVANS, 0000 PETER A. MARCO, 0000 RICHARD E. ROBEY, 0000 TED M. FANNING, 0000 JOHN J. MARSHALL, 0000 STEPHEN B. ROCK, 0000 ROBERT W. FARR, 0000 THOMAS J. MARSHALL, JR., 0000 MICHAEL F. ROCKLIN, 0000 LESLIE H. FENTON, 0000 ROBERT W. MARTIN, 0000 WILLIAM A. ROIG, 0000 MICHAEL A. FERGUSON, 0000 STEPHEN C. MARTIN, 0000 GEORGE C. SAKAKINI, 0000 ANDREW L. FINDLEY, JR., 0000 CHRISTOPHER J. MCARTHUR, 0000 KENNETH M. SAMPLE, 0000 DONALD P. FIX, 0000 ROBERT P. MCCLANAHAN, JR., 0000 THOMAS F. SHACKELFORD, 0000 JOSEPH W. FLANAGAN, 0000 JOHN M. MCCURLEY, 0000 PETER D. SHERROD, 0000 JAMES P. FLINT, 0000 MICHAEL T. MCHALE, 0000 WYATT S. SMITH, 0000 JOSEPH C. FORTSON, 0000 JAMIN T. MCMAHON, 0000 CARLTON E. SODERHOLM, 0000 BRYAN A. FOX, 0000 MICHAEL F. MCNAMARA, JR., 0000 FREDRICK N. SOUTHERN, 0000 FRAZIER W. FRANTZ, 0000 ROBERT D. MCPHAIL, 0000 ALLAN M. STANCZAK, 0000 DANIEL A. FREILICH, 0000 JOSEPH G. MCQUADE, 0000 JOHN N. STENSLAND, 0000 JOHN M. FREYMANN, 0000 RONALD J. MCVICAR, 0000 JOHN B. STOCKEL, 0000 EMORY A. FRY, 0000 ROBERT D. MENZIES, 0000 DENNIS E. SUMMERS, 0000 ROBERT N. GALE, 0000 ROBERT E. METTS, 0000 WILLIAM J. SWARTWORTH, 0000 BRENDON L. GELFORD, 0000 DAVID H. MEYR, 0000 ROBERT J. TATE, 0000 MILTON D. GIANULIS, 0000 BRIAN D. MILLER, 0000 JAMES TERBUSH, 0000 BRYCE M. GIBB, 0000 ROBERT N. MILLER, JR., 0000 OWEN G. THORP III, 0000 LISA A. GLEASON, 0000 LARRY D. MILNER, 0000 GEORGE G. ULRICH, 0000 THOMAS J. GOALEY, JR., 0000 JOSEPH M. MOEGLIN, 0000 DANIEL V. UNGER IV, 0000 ELISE T. GORDON, 0000 STEVEN W. MOLL, 0000 JAMES D. VALENTE, 0000 WILLIAM R. GRAF, 0000 RICHARD M. MONDRAGON, 0000 JANE F. VIEIRA, 0000 GORDON F. GREEN, 0000 ROSS MOQUIN, 0000 MICHAEL S. WENZEL, 0000 KENNETH P. GREEN, 0000 EDUARDO MORALES, 0000 JERRY W. WHITE, 0000 RICHARD GREEN, 0000 PAUL N. NAGY, 0000 JOHN T. WIDERGREN, 0000 CHARLES L. GROVES, 0000 NALAN NARINE, 0000 FRANCIS R. WINKEL, 0000 JOSEPH GUERRERO, 0000 SCOTT L. NASSON, 0000 RICHARD C. YAGESH, 0000 KEITH B. GUSTAFSON, 0000 ALADAR NESSER, 0000 PETER L. ZAMFIRESCU, 0000 JAY A. GUTZLER, 0000 JOEL D. NEWMAN, 0000 To be commander BRADEN R. HALE, 0000 LACHLAN D. NOYES, 0000 MARK B. HALVORDSON, 0000 OTTO W. OHM II, 0000 DANIEL J. ACKERSON, 0000 MARK E. HAMMETT, 0000 KEVIN C. OMALLEY, 0000 MICHAEL T. ACROMITE, 0000 TONY S. HAN, 0000 LOUIS D. OROSZ, 0000 CHARLES F. ADAMS, JR., 0000 JACK E. HANZLIK, JR., 0000 JOHN E. PAGANELLI, JR., 0000 RODNEY M. ADAMS, 0000 STEVEN R. HARDMAN, 0000 ERIC L. PAGENKOPF, 0000 STANLEY D. ADAMS, 0000 KURT P. HARDY, 0000 EDWIN Y. PARK, 0000 SALVADOR AGUILERA, 0000 KRISTINA E. HART, 0000 MILAN N. PASTUOVIC, 0000 MICHAEL T. AKIN, 0000 JOHN F. HAWLEY, 0000 BHARAT S. PATEL, 0000 BRIAN A. ALEXANDER, 0000 JEFF D. HEADRICK, 0000 RICHARD J. PAVER, 0000 JAMES K. AMSBERRY, 0000 JENIFER L. HENDERSON, 0000 PATRICIA V. PEPPER, 0000 CLAUDE D. ANDERSON, 0000 RUBY S. HENDERSON, 0000 PHILIP W. PERDUE, 0000 JOEL M. APIDES, 0000 MARY A. HENDRICKSON, 0000 LORING I. PERRY, 0000 BILLY M. APPLETON, 0000 MATTHEW L. HERZBERG, 0000 ROBERT F. PERRY, 0000 STEPHEN C. ARCHER, 0000 GRANT R. HIGHLAND, 0000 ALAN F. PHILIPPI, 0000 GARY R. AYERS, 0000 JON J. HILL, 0000 LEONARD J. PLAITANO, 0000 TOBIAS J. BACANER, 0000 PAUL P. HOBBES, 0000 DAVID S. PLURAD, 0000 KATHRYN A. BALLANTYNE, 0000 ANTHONY R. HOOVLER, 0000 THOMAS P. POFF, 0000 BEN J. BALOUGH, 0000 JON L. HOPKINS, 0000 STEPHEN J. POPPE, 0000 KEVIN P. BARRETT, 0000 MICHAEL T. HOPKINS, 0000 JEFFREY D. QUINLAN, 0000 DAGMARA E. BASTIKS, 0000 JOHN D. HUGHES, 0000 ANDREW I. RADOVAN, 0000 KEITH F. BATTS, 0000 THANH T. HUYNH, 0000 JOHN G. RAHEB, 0000 KEVIN J. BEDFORD, 0000 LISA INOUYE, 0000 CHRISTOPHER D. REEVESJONES, 0000 JEFFREY A. BENDER, 0000 WARREN S. INOUYE, 0000 SCOTT R. REICHARD, 0000 THOMAS E. BERGLAND, 0000 ROBERT A. IZENBERG, 0000 ROBERT D. REUER, 0000 LYNN M. BERGREN, 0000 BETH R. JAKLIC, 0000 LESLIE C. RIALES, 0000 JOHN L. BERLOT, 0000 CHRISTOPHER P. JONES, 0000 JOSETTE L. RICE, 0000 CHRISTOPHER A. BIDWELL, 0000 JAY T. JONES, 0000 JONATHAN W. RICHARDSON, 0000 SANDRA L. BIERLING, 0000 BENJAMIN W. JORDAN, 0000 JAMES V. RITCHIE, 0000 DAWN A. BLACKMON, 0000 BRUCE W. KAHL, 0000 PETER F. ROBERTS, 0000 CAROL L. BLACKWOOD, 0000 PAUL H. KALTSAS, 0000 JOSE L. RODRIGUEZ, 0000 JEFFREY A. BLAIR, 0000 FREDERICK C. KASS, 0000 JAMES G. RODROCK, 0000 JO A. J. BLANDO, 0000 SARA M. KASS, 0000 ANSELMO N. ROLDAN, 0000 GREGORY S. BLASCHKE, 0000 GREGG A. KASTING, 0000 MICHAEL T. RONCONE, 0000 HEATHER I. BLOMELEY, 0000 RONALD KAWCZYNSKI, 0000 JOEL A. ROOS, 0000 DANA G. BORGESON, 0000 DAVID J. KEBLISH, 0000 JOSEPH D. RUGGIERO, 0000 ARNOLD O. BROWN, 0000 FREDERIC J. KELLEY III, 0000 ROBERT T. RULAND, 0000 CARLOS V. BROWN, 0000 JOHN S. KELLOGG, 0000 MARY K. RUSHER, 0000 ROBERT H. BUCKLEY, 0000 KENNETH J. KELLY, 0000 KEVIN L. RUSSELL, 0000

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LAWRENCE J. RUSSO, 0000 KEVIN F. SUMPTION, 0000 LOYD A. WEST, 0000 DONALD R. SALLEE, 0000 MARK V. SUTHERLAND, 0000 CHRISTOPHER WESTROPP, 0000 JOHN W. SANDERS III, 0000 JOSEPH R. TADDEO, 0000 ROBIN M. WILKENING, 0000 ELIZABETH K. SATTER, 0000 CINDY L. TAMMINGA, 0000 MARKUS A. WOEHLER, 0000 KYLE P. SCHROEDER, 0000 ROSEMARIE C. TAN, 0000 DAVID M. WOJDA, 0000 PAULA J. SEXTON, 0000 DAVID A. TANEN, 0000 JOHNNY WON, 0000 JOHN B. SHAPIRA, 0000 DAVID A. TARANTINO, JR., 0000 ERIC S. SHERCK, 0000 CONRAD A. TARGONSKI, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARTY W. SHIELDS, 0000 JOHN T. TAYLOR, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY DANIEL P. SHMORHUN, 0000 MICHAEL A. THOMPSON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: TIMOTHY R. SHOPE, 0000 JOHN S. THURBER, 0000 ANDREA L. SHORTEREVANS, 0000 WILLIAM E. TODD, 0000 To be commander AMANDA G. SIERRA, 0000 MARK C. TOLTON, 0000 ANDREW E. SIMAYS, 0000 SANDRA S. TOMITA, 0000 JAMES D. THOMPSON, 0000 BRIAN L. SIMPSON, 0000 THERON C. TOOLE, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- MICHAEL J. SINGLETON, 0000 WALTER S. TOPP, 0000 POINTMENTS TO THE GRADE INDICATED IN THE UNITED ROBERT N. SKINNER, 0000 MICHAEL R. TORRICELLI, 0000 STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: JOSEPH B. SLAKEY, 0000 JOHN C. TORRIS, 0000 ERIC P. SMITH, 0000 EDWARD J. TRACEY, 0000 To be lieutenant commander JOEL A. SMITHWICK, 0000 KEITH M. ULNICK, 0000 HARLEY W. SMOOT, 0000 GUIDO F. VALDES, 0000 JAMES F. BRINKMAN, 0000 BRIAN D. SMULLEN, 0000 GUSTAVO M. VENTURA, 0000 JOE D. HAINES, JR., 0000 MARK E. SNIDER, 0000 MARTHA P. VILLALOBOS, 0000 LISA PEARSE, 0000 MARTIN P. SORENSEN, 0000 JOHN E. WANEBO, 0000 JERRY M. REBREY, 0000 JAMES SORIANO, 0000 BERNARD P. WANG, 0000 ERNEST J. WHITTLE, 0000 TIMOTHY C. SORRELLS, 0000 JOHN F. WARD, 0000 WILLIAM L. YARDE, 0000 JAMES T. STASIAK, 0000 VICTOR K. WEBER, 0000 ZSOLT T. STOCKINGER, 0000 STEVEN M. WECHSLER, 0000 THE JUDICIARY JERRY K. STOKES, 0000 WILLIAM H. WEIDENHAMMER, 0000 MICHAEL J. STRUNC, 0000 MICHAEL S. WEINER, 0000 ERIC NICHOLAS VITALIANO, OF NEW YORK, TO BE KEITH A. STUESSI, 0000 PETER J. WEIS, 0000 UNITED STATES DISTRICT JUDGE FOR THE EASTERN WILLIAM SUKOVICH, 0000 DAVID K. WEISS, 0000 DISTRICT OF NEW YORK, VICE ARTHUR D. SPATT, RE- TODD E. SUMNER, 0000 WALTER R. WEISS, 0000 TIRED.

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A PROCLAMATION RECOGNIZING CELEBRATING THE 50TH ANNIVER- and enthusiasm Jeff displayed while serving WILLIAM ‘‘BILL’’ BALSER SARY OF THE GREATER MIAMI our Nation in this capacity. He will be pro- CHAPTER OF THE LINKS, INC. foundly missed by all those whose lives he HON. ROBERT W. NEY touched. OF OHIO HON. KENDRICK B. MEEK Jeff once remarked to a friend, ‘‘You know, IN THE HOUSE OF REPRESENTATIVES OF FLORIDA if I ever die while at work in the mountains, do Thursday, October 6, 2005 IN THE HOUSE OF REPRESENTATIVES not cry for me because you will know that I died doing what I love.’’ I pray that Jeff’s fam- Thursday, October 6, 2005 Mr. NEY. Mr. Speaker: ily and friends will take solace in Jeff’s passion Whereas, William ‘‘Bill’’ Balser was elected Mr. MEEK of Florida. Mr. Speaker, I rise to for the job he so deeply loved. to the high office of Department Commander congratulate the Greater Miami Chapter of the I extend my sincere gratitude for the hun- of Ohio on Sunday, July 10, 2005; and Links, Inc. on their 50th year of outstanding Whereas, William ‘‘Bill’’ Balser is a 30 year dreds of concerned citizens who joined in an commitment to community service. The cere- exhaustive 8 day search for Jeff. The heroic member of the American Legion Post 85, monies recognizing this important milestone where he has held many offices including Post efforts exhibited by members of the National will be held on Sunday, October 16, 2005 at Park Service and countless volunteers have Commander and Finance Officer; and Florida Memorial University. Whereas, William ‘‘Bill’’ Balser has exempli- not gone unnoticed. The Greater Miami Chapter was chartered fied the meaning of successful civic duty To Jeff’s parents, Dale and Chris on Saturday, November 5, 1955 when found- through his unselfish role to serve the greater Christensen, and his many friends and family ing members Maude Maude K. Reid, Mayme good of the Ohio Valley; and members, I express the heart-felt sympathies E. Williams, and Susie W. Francis brought to- Whereas, William ‘‘Bill’’ Balser recently cele- of a community that shares in their loss. May gether 15 other charter members for an instal- brated his 50th wedding anniversary with his my colleagues join in celebrating the life and lation ceremony at the Carver Hotel in Liberty wife Trudy and is the loving father of 3 chil- service of Mr. Jeff Christensen. City. dren and 3 grandchildren. During its 50th anniversary celebrations, the Therefore, I join with the residents of the en- f tire 18th Congressional District of Ohio in rec- chapter will honor seven honorees: charter ognizing William ‘‘Bill’’ Balser for his longtime member Susie W. Francis, Frances J. Cham- HONORING THE 50TH WEDDING AN- dedication to the residents and children of bers, Gwendolyn H. Welters, Dorothy H. NIVERSARY OF ED AND HARRIET Ohio’s 18th district. Fields, Ph.D., Castell V. Bryant, Ed.D., Regina NIEMIEC J. Frazier, and Senator Frederica S. Wilson. f The Greater Miami Chapter lists among its CONGRATULATING COOKE COUNTY many accomplishments programs that bolster HON. DANIEL LIPINSKI 4–H DAIRY JUDGING TEAM the arts, promote awareness of international OF ILLINOIS issues and multicultural events, and assist IN THE HOUSE OF REPRESENTATIVES young people in reaching their full potential. HON. MICHAEL C. BURGESS Thursday, October 6, 2005 OF TEXAS Nationally, The Links’ organization has IN THE HOUSE OF REPRESENTATIVES grown to 275 chapters and approximately Mr. LIPINSKI. Mr. Speaker, I rise today to 11,000 members who reside in 42 states, the Thursday, October 6, 2005 honor Ed and Harriet Niemiec on their 50th District of Columbia, the Bahamas, Germany Wedding Anniversary. Mr. BURGESS. Mr. Speaker, I rise today to and South Africa. Ed and Harriet both grew up in the Back of recognize the outstanding performance of the Mr. Speaker, 50 years after their founding, the Yards neighborhood in Chicago. They Cooke County 4–H dairy judging team. The the members of the Greater Miami Chapters knew each other as kids, even though they at- team consists of Ben Wyrick, Josh Zimmerer, of The Links, Inc. are a powerful force for tended different schools. Eventually Ed and Cletus Fuhrmann and Amber Fuhrmann. change in the South Florida Community. I Harriet became engaged and then married on 4–H is a community of more than seven mil- thank them for all of their efforts, and wish November 6, 1955. They had their only child, lion young people across America learning them another successful 50 years of making a Ed, Jr. in August of 1956. leadership, citizenship and life skills. The four positive impact in the lives of others. Following in his parent’s footsteps, Ed, Jr. ‘‘H’’s represent the ‘‘Head’’ which stands for f clearer thinking and decision-making; ‘‘Heart’’ and his wife Maria have been married for which stands for greater loyalty, strong per- TRIBUTE TO JEFF CHRISTENSEN twenty-seven years. They have two children, sonal values, positive self concept, concern for Mark and Christina. others; ‘‘Hands’’ which stands for larger serv- HON. MARILYN N. MUSGRAVE Besides an active involvement with their family, Ed and Harriet have many hobbies. Ed ice, workforce preparedness, useful skills, OF COLORADO spends a lot of time taking care of his yard science and technology literacy; and ‘‘Health’’ IN THE HOUSE OF REPRESENTATIVES which stands for better living, healthy life- and tending to his flowers. According to his Thursday, October 6, 2005 styles. son, one would be hard pressed to find a After winning the Texas State 4–H dairy Mrs. MUSGRAVE. Mr. Speaker, I rise today blade of grass out of place or a visible weed. judging contest, the team is headed to Wis- to pay tribute to Mr. Jeff Christensen, a Na- Harriet is a consummate volunteer and orga- consin for the national contest. The challenge tional Park Service Ranger who tragically lost nizer. Her philanthropies started while she was before the team is to distinguish between var- his life July 29, 2005, while on a backcountry working at Dry Storage where running the ious breeds of dairy cows, with each contest- patrol in the Mummy Range area of the ma- football pools spilled over into organizing sen- ant judging four classes of four cows. After jestic Rocky Mountain National Park in North- ior trips, church functions and working at placing the cows, contestants then present ern Colorado. Christ Hospital as a ‘‘Pink Lady.’’ their reasoning before a judge. Throughout his four seasons of service as a Ed and Harriet are fine examples as parents I am very proud to recognize these 4–H ranger with the National Park Service, Jeff and are wonderful role models as grand- members today, and I wish them great luck. was undoubtedly at home in the midst of parents. I would like to extend my best wishes Their persistence and commitment should some our country’s most scenic and significant to Ed and Harriet as they and their family serve as an inspiration to us all. park land. I am very grateful for the dedication celebrates their 50th anniversary.

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

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00165 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 EXTENSIONS OF REMARKS 22519 IN RECOGNITION OF JOHN GOLD- 2005 the 3rd Annual Latino AIDS Awareness oring the United Fund and its 50 years of STEIN, OUTGOING PRESIDENT OF Day. service. It is an honor to represent the Fourth THE MILWAUKEE COUNTY LABOR HIV and AIDS have wrecked havoc on mil- Congressional District of Pennsylvania and a COUNCIL lions of lives across the globe for over two pleasure to salute a principled institution like decades, ending lives before their time. Today the United Fund. in America, over a million Americans, or about HON. GWEN MOORE f OF WISCONSIN 1 in 300, have HIV or AIDS—a statistic that IN THE HOUSE OF REPRESENTATIVES this Congress must acknowledge. For every A PROCLAMATION RECOGNIZING Thursday, October 6, 2005 American living with HIV or AIDS, a family is DONA SMITH traumatized. Ms. MOORE of Wisconsin. Mr. Speaker, I Even more staggering is the distribution of rise today to pay tribute to my constituent, Mr. those victims. While Hispanics are roughly 14 HON. ROBERT W. NEY John Goldstein, in thanks for his distinguished percent of the population of the United States, OF OHIO record of leadership of Milwaukee’s labor they account for 20 percent of America’s HIV/ IN THE HOUSE OF REPRESENTATIVES movement. John served as president of the AIDS population. To date, nearly 100,000 His- Thursday, October 6, 2005 Milwaukee County Labor Council for 8 years, panics have died with AIDS. Since Hispanics Mr. NEY. Mr. Speaker: capping off a career of local, national and are the fastest growing minority group in the Whereas, Dona Smith has provided out- international labor activism that included stints United States, our challenge is even greater. as secretary/treasurer of the Labor Council Minority groups have been hardest hit by standing service and contributions while serv- and president of the Amalgamated Transit the disease, adding another burden on fami- ing at the Ross County Community Improve- Union. He left the Labor Council in Sep- lies struggling to make ends meet. Another ment Corporation from 1990 to 2005; and tember, 2005, to become the new executive troubling fact is that as many as 1 in 2 people Whereas, Dona Smith served her commu- director of Partnership for Working Families. with HIV/AIDS don’t even know they have the nity by helping existing businesses expand John’s leadership and commitment to ad- disease. and bringing in additional business; and vancing workers’ causes are well known. In And the fastest growing group of people Whereas, Dona Smith has worked selflessly his tenure as president of the Labor Council, contracting HIV is young people, putting a ten- and with dignity as an integral part of the eco- he spearheaded several major campaigns, uous hold on their young lives and future. The nomic development of her community through among them brokering a resolution with Mil- more attention we place on HIV/AIDS, the 15 years of public service; and waukee County that improved the climate for closer we get to eradicating this vicious dis- Whereas, Dona Smith has been a devoted workers attempting to organize new unions. ease. We have to talk about it, the causes and and loving caregiver to her husband, children, He also worked with Milwaukee’s Common the prevention. and grandchildren. Council to pass legislation that ensures uni- I encourage all of my colleagues to support Therefore, I join with Dona Smith’s family, forms needed for city workers are not sweat- Latino AIDS Awareness Day and work to edu- friends, the residents of Ross County, and the shop-produced. More recently, John devel- cate Hispanics and other constituents about entire 18th Congressional District of Ohio in oped a coalition to advocate for the implemen- HIV and AIDS. Education and facts are the commending Dona Smith for her exceptional tation of economic development policies that best way to wipe out ignorance about HIV/ work and years of service, and wish her the would benefit a wide array of workers and AIDS in the Hispanic populations, and every very best in her future endeavors. neighborhoods. other demographic in our Nation. f Throughout these efforts, and many others, f John’s leadership has been marked by a com- IN MEMORY OF BARRY BOESCH mitment to building broad coalitions to ensure CONGRATULATING UNITED FUND that labor movement victories brought gains ON 50TH ANNIVERSARY HON. MICHAEL C. BURGESS for the wider community. He is widely ac- OF TEXAS knowledged as a pioneer in developing labor- HON. MELISSA A. HART IN THE HOUSE OF REPRESENTATIVES community partnerships designed to address OF PENNSYLVANIA problems created by economic and racial dis- IN THE HOUSE OF REPRESENTATIVES Thursday, October 6, 2005 parities throughout the Milwaukee area. His Thursday, October 6, 2005 Mr. BURGESS. Mr. Speaker, I rise today to colleagues included faith leaders, a variety of Ms. HART. Mr. Speaker, I would like to take remember Barry Evans Boesch, the 51-year- local union activists, and community organiza- this opportunity to congratulate the United old executive editor of the Denton Record- tions. Chronicle, and longtime reporter and editor of In his role as Labor Council president and Fund on the 50th anniversary of its founding. This fall, the organization celebrates the the Dallas Morning News. through his career, John has prioritized labor 50th year of its foundation in 1955. The United Barry was born December 5, 1953. He was organizing, mobilizing for economic justice, Fund has helped many people in the commu- a graduate of Thomas Jefferson High School and building a strong member-to-member po- nity over the years, and is continuing to do so in Dallas and the University of Texas in Aus- litical organization for the benefit of the work- by hosting an auction themed ‘‘Support the tin. In 1976, Barry began his newspaper ca- ing people of Milwaukee County. I know he Troops’’. The event is a project by Lincoln reer at the Corpus Christi Caller-Times. Most will continue to demonstrate exemplary leader- High School senior Erin Hunter. The event of his nearly 30–year career was spent with ship in his new position as national program commences the organization’s 2005 cam- the Dallas Morning News. director for the Partnership for Working Fami- paign. In March, Barry was diagnosed with a brain lies. I am thrilled to know that he will be based Over the years United Fund has subsidized tumor but he continued to work until the sum- in Milwaukee, and that while providing tech- transportation cost for community members to mer, when radiation and chemotherapy treat- nical assistance and leadership to labor-com- get to work. Last year the organization also ments began taking their toll. He passed away munity coalitions across the country, he will donated money to Hurricane Ivan flood victims 2005 at Baylor University Medical Center with continue to enrich our community. in September. his wife by his side. f The fundraising goal for 2005 is $50,000, Barry will be remembered for his three pas- 3RD ANNUAL LATINO AIDS which gives the organization the ability to sions in life—his wife, Pattie; his daughter, AWARENESS DAY make a positive impact. Richard Basile Sr., di- Bailey; and the newspaper business. He will rector of the organization, leads the effort to also be remembered for his sense of humor HON. SOLOMON P. ORTIZ give 98 percent of the money that is donated and his love of verbal combat. Today, I would like to recognize and cele- OF TEXAS to the United Fund back to the community. brate Barry Boesch’s life. I was honored to IN THE HOUSE OF REPRESENTATIVES Basile is also dedicated to the goal of the United Fund, which is to make a positive im- have known him over the years. His leader- Thursday, October 6, 2005 pact locally. ship and charisma will certainly be missed by Mr. ORTIZ. Mr. Speaker, today, I rise in I ask my colleagues in the United States our hometown paper. Please keep his wife strong support of designating October 15, House of Representatives to join me in hon- and daughter in your thoughts and prayers.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00166 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22520 EXTENSIONS OF REMARKS October 6, 2005 HONORING THE LATE AUDREY J. ercises on a 40 mm gun. Because of these the Venerable and recipient of the 2005 Na- KING, MIAMI GARDENS COUNCIL- drills Dominick and Pete both suffer from tional Distinguished Principal Award. WOMAN tinnitus. The National Distinguished Principals Pro- The most noteworthy of drills took place in gram was established in 1984 as an annual HON. KENDRICK B. MEEK 1956 while the Badoeng Strait operated event to honor exemplary elementary school OF FLORIDA around the Marshall Islands in the South Pa- principals who set the pace, character, and IN THE HOUSE OF REPRESENTATIVES cific during Operation Redwing. During these quality of the education children receive during Thursday, October 6, 2005 operations, Pete and Dominick were part of their early school years. One principal is cho- the crew that remained on the ship’s deck dur- sen from each of the 50 States and the Dis- Mr. MEEK of Florida. Mr. Speaker, it is my ing ‘‘Test Series of Atomic Weapons Devices.’’ trict of Columbia, and this year Richard Guerin sad duty to bring to the attention of my col- In the distance, H-bombs were exploded and has been selected as a National Distinguished leagues the passing of Miami Gardens City this ship and the crew were subjected to the Principal. Councilwoman Audrey J. King, an accom- long range effects of the blasts, on numerous St. Bede the Venerable is a Catholic School plished professional and tireless community occasions. that serves the parish community and is both activist, who died Friday, September 30, 2005. The sailors were simply told not to look at an expression of and a witness to the faith of A longtime community leader and an inte- the blast and to turn their backs. They were its people. The school’s main responsibility is gral part of the incorporation movement for the exposed to ionizing radiation. Afterwards the in the area of Catholic education—preschool City of Miami Gardens, Councilwoman King crew was checked for radiation and required through eighth grade. was elected as the first representative of City to take a salt water bath. They were required Believing that a child’s development best Council Seat 3 in July 2003 and served in that to remove their clothes before entering the occurs within the framework of a positive and capacity until her passing. Prior to the incorpo- lower decks of the boat, and their garments structured environment, St. Bede School offers ration of the City, Councilwoman King was were destroyed because of the radiation. The innovative educational programs of high qual- twice elected to the Miami-Dade County Com- ship itself was scrubbed with Tide detergent. ity. The aim of these programs is to challenge munity Council 3, where she served as chair- They were told that the worst possible effect each student while teaching basic skills, within woman and vice-chairwoman from 1996 to of the radiation was sterilization, nothing else! a Christian atmosphere where mutual respect, 2002. She also served as vice-chair of the In 1957, the Badoeng Strait was put out of order, and values are a high priority. The core North Dade Community Development Task commission in Bremerton, Washington. During of our curriculum is religious education, both Force, volunteered in numerous charity activi- the decommissioning process, Dominick and content and practice. Christian attitudes and ties and was honored throughout her career Pete were assigned to the lower deck for values are the foundation of this develop- for her dedication to the people of our commu- maintenance. They used air hammers to chip mental process. nity. the paint from the decks and bulkheads. They Richard Guerin has been serving and teach- She was a life member of the Miami-Dade were given no ear protection and, as a result, ing in the Archdiocese of Chicago for 34 Branch of the NAACP, serving for several they both suffer from hearing loss. They were years, 28 of those spent as principal of St. years as the Political Action Chair. Council- also exposed to asbestos, which covered Bede. Before coming to St. Bede, he taught at woman King was also a devoted member of much of the ship. Worth Junior High and Christ the King School. Delta Sigma Theta Sorority; the First Baptist Afterwards, Dominick Cardoza was as- However, he fell in love with the job and the Church of Bunche Park; and a founding mem- signed to the USS Lexington, CVA 16, an air- people at St. Bede where he has touched ber of UP–PAC, Unrepresented Peoples Posi- craft carrier. Pete Hobbs was assigned to the countless lives and been influenced by many tive Action Council. USS Vega, AF 59, a supply ship. lives in the community. She leaves behind a legacy of achievement I am touched by the story of Pete’s and It is my honor to recognize Mr. Richard and inspiration, for she was an example of Dominick’s service and sacrifice. As a direct Guerin who serves as an example of one of what genuine caring and unrelenting commit- result of the elements they were exposed to, the best in PreK–8 school leadership and ment can accomplish. Councilwoman King both men are suffering from serious health helps to foster a greater understanding of the gave tirelessly of herself for the benefit of complications. Pete has thyroid cancer and principal’s key role in meeting the challenging those around her and will be sorely missed. Dominick has other personal health problems. responsibility of educating children. Funeral services are scheduled for Saturday, Despite their enormous personal challenges, f October 8th at First Baptist Church of Bunche I find these men to be very uplifting and en- Park. couraging. They remain good friends today IN TRIBUTE TO THE GREATER f and live in Fort Morgan, Colorado. In addition, MILWAUKEE CHAPTER OF THE UNITED NATIONS ASSOCIATION HONORING TWO NAVY VETERANS their wives Chris Hobbs and Sue Cardoza de- FOR THEIR EFFORTS TO COMBAT FROM COLORADO serve respect and admiration for supporting their husbands. GLOBAL POVERTY HON. MARILYN N. MUSGRAVE Mr. Speaker, I rise today to honor these two OF COLORADO veterans who served our country with such HON. GWEN MOORE IN THE HOUSE OF REPRESENTATIVES distinctions. They are heroes that walk among OF WISCONSIN us. I ask my colleagues in Congress to recog- IN THE HOUSE OF REPRESENTATIVES Thursday, October 6, 2005 nize their work and their sacrifices on behalf of Thursday, October 6, 2005 Mrs. MUSGRAVE. Mr. Speaker, I rise today our Nation, as well as the joy for life they have to honor two veterans I know personally from to this day. Ms. MOORE of Wisconsin. Mr. Speaker, I my hometown of Fort Morgan, Colorado. Bob May God bless all of our precious veterans rise today to applaud an alliance of dedicated ‘‘Pete’’ Hobbs and Dominick Cardoza. I admire and may he continue to bless this great Na- residents of the Fourth Congressional District these two gentlemen for their service in the tion. for their passionate pursuit of peace and jus- Navy, and their devotion to their families and f tice. On October 8, members of the Greater community. Milwaukee Chapter of the United Nations As- For 2 years, from 1954 to 1956, Pete and HONORING RICHARD E. GUERIN, sociation, together with an array of partner or- Dominick served together in the U.S. Navy PRINCIPAL OF SAINT BEDE THE ganizations, will host a Call to Action and aboard the USS Badoeng Strait, CVE 116. VENERABLE Celebration of the Global Campaign to Make Both were assigned to the Second Division. Poverty History. Pete was on the deck and Dominick was in HON. DANIEL LIPINSKI This effort is extremely timely. Poverty has the Captain’s Gig. It was during this time their OF ILLINOIS a devastating effect on the lives of those in friendship was forged, spending time at sea IN THE HOUSE OF REPRESENTATIVES developing countries, and creates structural and taking part in a variety of military exer- problems for the global economy that ulti- cises. Thursday, October 6, 2005 mately harm our own economic well-being. They were also assigned to a gun crew that Mr. LIPINSKI. Mr. Speaker, I rise today to The U.N.’s Millennium Development Goals call carried the responsibility of frequent firing ex- honor Richard Guerin, Principal of Saint Bede for progress in eight key sectors, including

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00167 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 EXTENSIONS OF REMARKS 22521 education, healthcare, environmental sustain- trict championships over the next 9 years at Whereas, Nancy and Mitch Toto were ability and gender equity. Taken together, Hamshire-Fannett. Prior to Mr. Danaher’s ar- united in marriage at St. Casimirs in Adena, these goals comprise a comprehensive strat- rival, Calallen High School had not been to the Ohio; and egy for reducing poverty and hunger. playoffs in 29 years. After just one season, Whereas, Nancy and Mitch Toto are the lov- In reality, addressing global poverty requires Coach Danaher turned the program around ing parents of two children and five grand- us to confront the impact of debt on devel- and led the school to the playoffs for 20 con- children. oping countries’ ability to invest in the infra- secutive seasons. Therefore, I join with the residents of the en- structure and social services needed to im- However, for Coach Danaher, it is not all tire 18th Congressional District of Ohio in con- prove the quality of their citizens’ lives. The about the number of victories he accumulates. gratulating Nancy and Mitch Toto as they cele- weight of the international debt that many de- Mr. Danaher believes the real honor in coach- brate their 45th Wedding Anniversary. veloping countries carry poses an enormous ing lies in the fact that the athletic program f obstacle to real progress toward eradicating has made a difference in the lives of countless HONORING NORTHWEST HIGH poverty. Debt payments to international credi- players who have come and gone over the SCHOOL tors inhibit many countries’ efforts to recover years. from natural disasters, or establish healthcare, On the night of his 300th career victory, education and clean water programs. Impover- Coach Danaher graciously thanked the fans HON. MICHAEL C. BURGESS ished countries in Africa pay on average $14 and his team for their significant contributions. OF TEXAS per person in debt service payments to inter- When history remembers Coach Danaher, his IN THE HOUSE OF REPRESENTATIVES national financial institutions, but spend only win-loss record will be noted—but his most Thursday, October 6, 2005 $5 per person on healthcare. enduring legacy will be his record for teaching young people how to make the most of their Mr. BURGESS. Mr. Speaker, I rise today to In recognition of this fact, I cosponsored the recognize Northwest High School, located in JUBILEE Act, which directs the Secretary of talents and their lives. Mr. Speaker, I ask that my colleagues join Justin, Texas, which has recently been se- the Treasury to immediately begin working lected as an Intel and Scholastic School of with the World Bank, the International Mone- me in honoring Coach Phil Danaher for his outstanding achievements and dedication to Distinction. tary Fund, and the G8 to cancel the debts The Intel and Scholastic School of Distinc- owed by the world’s 50 most impoverished na- our south Texas community. f tion award recognizes schools that dem- tions. onstrate excellence in implementing innovative I want to thank my constituents for their par- CONGRATULATING JUDIE programs to promote positive educational re- ticipation in this effort. I am proud of my com- DONALDSON sults. A total of 60 finalist schools across the munity’s commitment to pursue justice, dignity, nation were selected from 10 distinguished and economic self-sufficiency for all of the HON. MELISSA A. HART categories. Northwest High School has been world’s citizens. I urge my colleagues to join OF PENNSYLVANIA selected for the Excellence in Leadership cat- me in championing this global initiative that IN THE HOUSE OF REPRESENTATIVES egory that commends the influential effort of will help secure a better, more prosperous and Thursday, October 6, 2005 their dynamic leaders. peaceful world for generations to come. I extend my sincere congratulations to Ms. HART. Mr. Speaker, I would like to take f Northwest High School and to its principal, Jim this opportunity to congratulate Judie Donald- Chadwell, for receiving this distinguished HONORING COACH PHIL DANAHER son for all of the work she has done for her award given by the Intel Innovation in Edu- community. HON. SOLOMON P. ORTIZ Ms. Donaldson spent many years working in cation initiative and Scholastic Inc. Education the academia world before entering the non- is one of the most important gifts we can give OF TEXAS our children, and Northwest High School has IN THE HOUSE OF REPRESENTATIVES profit sector full time. Moving from California, she found herself in Pittsburgh serving as the admirably contributed to the future of excel- Thursday, October 6, 2005 executive director of Grantmakers of Western lence in education. Mr. ORTIZ. Mr. Speaker, I rise to recognize Pennsylvania, an organization that provides f an outstanding citizen, teacher and coach education, networking and other resources to RECOGNIZING THE CONTRIBU- from Corpus Christi, Texas: Phil Danaher. philanthropic organizations. TIONS OF THE CHURCH OF THE Coach Danaher reached an historical mile- Her work for this organization earned her OPEN DOOR OF LIBERTY CITY stone on September 9, 2005, by achieving his the 2005 Athena Award. The award is pre- ON ITS 47TH ANNIVERSARY 300th high school football victory and becom- sented by the Greater Pittsburgh Chamber of ing a member of an elite group of coaches Commerce and the Allegheny Conference on HON. KENDRICK B. MEEK who have amassed such a record. Community Development. Ms. Donaldson was OF FLORIDA Coach Danaher is currently serving as the one of six finalists for the award. IN THE HOUSE OF REPRESENTATIVES athletic director and head football coach at I ask my colleagues in the United States Calallen Independent School District and is in House of Representatives to join me in hon- Thursday, October 6, 2005 his 35th year of coaching. He is the oring Ms. Donaldson for her work and dedica- Mr. MEEK of Florida. I rise to recognize the winningest active coach in football and is sur- tion to the community. It is an honor to rep- Church of the Open Door in Liberty City, passed by only three other coaches in number resent the Fourth Congressional District of Miami on its 47th Anniversary, which was of victories. Pennsylvania and a pleasure to salute such a celebrated on Sunday, September 18, 2005. Coach Danaher played high school football principled people in western Pennsylvania. To celebrate its 47th year, the Church for Harlingen High School in Harlingen, Texas, f hosted civil rights activist and preacher, Rev. where he was two-time All-District, and two- A PROCLAMATION HONORING Dr. Joseph E. Lowery, a colleague of the late time All-Valley as quarterback. He continued NANCY AND MITCH TOTO ON Dr. Martin Luther King, Jr. Rev. Lowery’s pow- his love for the game by playing college foot- THEIR 45TH WEDDING ANNIVER- erful sermon was heard by many of the ball at Angelo State University. SARY Church’s founding members who are still ac- Mr. Danaher has proudly served as head tive in the congregation. coach for Calallen High School for the past 22 Open Door is home to many prominent ac- years, after beginning his career at San Anto- HON. ROBERT W. NEY tivists in the Liberty City community. Many OF OHIO nio Edison as an assistant head coach. He members participated in the March on Wash- IN THE HOUSE OF REPRESENTATIVES later served as head coach for Dilley and ington and other key events in the civil rights Hamshire-Fannett high schools from 1974 to Thursday, October 6, 2005 movement, and they continue to be strong 1983 before arriving at Calallen in 1984. Mr. NEY. Mr. Speaker: voices in the fight for justice and equality. His remarkable coaching talent was evident Whereas, Nancy and Mitch Toto were The Church of the Open Door was built in from the start, leading Dilley to the district united in marriage October 1, 1960, and are 1958 at 6001 NW 8th Avenue, and was found- championship and capturing three more dis- celebrating 45 years of marriage; and ed by the family of Marie Faulkner Brown. To

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00168 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22522 EXTENSIONS OF REMARKS October 6, 2005 celebrate this anniversary the church unveiled three decades she has met the needs of the reputable Center on National Policy focusing portraits of its founding members and pastors, people in her town of 421 citizens, keeping the on early childhood education. There is much and hosted four days of guest choirs, fellow- town going and its records up to date. Her in this report that is of value to Congress as ship, and worship services for its annual re- long and dedicated service was recently rec- we move to eliminate the achievement gap in vival week. ognized by the Vermont Municipal Clerks and this. The full report can be found at http:// Mr. Speaker, I want to congratulate Open Treasurers Association, for they named her www.cnponline.org/Education.htm I am enclos- Door’s pastor, Rev. Joaquin Willis, and his Vermont’s Town Clerk of the Year. ing the executive summary for your review congregants on this happy occasion. During all of those 36 years Aileen O’Neil below. has done what needs to be done, with care, f With mounting evidence that high-quality with courtesy, and with a concern for the pub- PANCREATIC CANCER AWARENESS early child care and education can signifi- lic life we share with one another. What she cantly affect life chances, especially for low- MONTH told a newspaper reporter recently is a model income children, a CNP report calls for de- for all of us, for I think each of us would like velopment of a comprehensive national pol- HON. TODD RUSSELL PLATTS to be able to say, while still at work after so icy to ensure broad access to effective pro- OF PENNSYLVANIA many years, ‘‘I love my job. I’ve loved my job grams. Authors Jennifer Kolker, David Osborne and Eric Schnurer review data on IN THE HOUSE OF REPRESENTATIVES all these years. It’s a purpose in life for me.’’ We are lucky to have her, both as a town program availability, adequacy and cost. Thursday, October 6, 2005 clerk in Woodford and as an example for all of They assess state efforts, current federal us. funding and coordination issues. They urge Mr. PLATTS. Mr. Speaker, I rise to strongly Congress and the President to act so that support House Resolution 276. This resolution f outcomes improve for all American children. will help increase awareness about a horrible IN HONOR OF SID BALICK disease: Pancreatic cancer. f Few Americans may understand that pancreatic cancer is a horrific killer. This year HON. MICHAEL N. CASTLE SOUTH DAKOTA STATE UNIVER- OF DELAWARE alone, over 32,180 people will be diagnosed SITY: 2005 SECRETARY OF DE- IN THE HOUSE OF REPRESENTATIVES with this disease. Because there are no early FENSE EMPLOYER SUPPORT detection tools for this cancer, 99% of those Thursday, October 6, 2005 FREEDOM AWARD RECIPIENT diagnosed will lose their lives. Mr. CASTLE. Mr. Speaker, it is with great Many Americans are not aware that pan- pleasure that I rise today to pay tribute to Sid creatic cancer has the highest mortality rate of Balick for his outstanding contributions to the HON. STEPHANIE HERSETH all cancers; most patients only survive 3 to 6 Boys and Girls Clubs of Delaware. With over OF SOUTH DAKOTA months after diagnosis. This is why it is a 40 years of service under his belt, Sid is the moral imperative for Congress to work to in- longest serving board member in the history of IN THE HOUSE OF REPRESENTATIVES crease awareness of this deadly cancer. the organization. Thursday, October 6, 2005 Currently, the Pancreatic Cancer Action Net- While growing up in Delaware, Sid was a work (known as ‘‘Pan CAN’’) is the only na- member of the Jackson Street Boys Club. This Ms. HERSETH. Mr. Speaker, I am pleased tional advocacy organization available for pan- experience fostered an understanding of the to report that South Dakota State University creatic cancer patients and their families and values and lessons instilled by the Boys and (SDSU) has been awarded the 2005 Secretary friends. I became aware of Pan CAN through Girls Clubs, prompting Sid’s longstanding of Defense Employer Support Freedom a constituent of mine, Bob Hammen, who lost commitment to these important community Award. his wife to this terrible disease. Pan CAN pro- service organizations. The Secretary of Defense Employer Support vides patient support and professional edu- Tonight, friends, family, and colleagues will Freedom Award was instituted in 1996 by cation about this disease, while coordinating honor Sid at a function paying tribute to his Secretary of Defense William Perry and the advocacy programs to focus national attention contributions to the city of Wilmington as an National Committee for Employer Support of on finding a cure for pancreatic cancer. attorney, civic leader and volunteer. During his the Guard and Reserve. The award was cre- Pan CAN regards each November as Pan- distinguished career, he has also served in the ated to publicly recognize American employers creatic Cancer Awareness Month. With the Delaware State House of Representatives and who provide exceptional support to their em- passage of H. Res. 276, Congress will be sup- as President of the American Civil Liberties ployees who serve the Nation in the National porting Pan CAN’s efforts to raise awareness Union of Delaware. Guard and Reserve. Always a generous supporter, Sid has about pancreatic cancer so that scientific ad- Mr. Speaker, let me express my admiration vancements can lead to early detection pro- asked that the proceeds from his event be donated to the Boys and Girls Clubs’ Capital for SDSU and the South Dakota National grams and effective treatments. Guard and Reserve. South Dakota has one of Mr. Speaker, because all of our fellow citi- Campaign. These contributions will serve to enhance education and fitness programs at the highest rates of mobilization in the Nation. zens have family, friends and neighbors who This high rate of service is a reflection of the are regrettably vulnerable to this dreaded dis- the various Boys and Girls Clubs throughout the State of Delaware. hard work and pride South Dakota National ease, I urge support from my distinguished Guard and Reserve members maintain. I am colleagues for this resolution here today. In closing Mr. Speaker, I would like to once again congratulate and thank Sid for his tre- grateful for SDSU’s tremendous support of the f mendous contributions to the State of Dela- National Guard and Reserve. The university DEDICATION TO A COMMUNITY ware. Generations of children owe him a debt represents South Dakota principles with re- of gratitude, and I am pleased to be able to markable distinction. HON. BERNARD SANDERS vocalize their appreciation. An exemplary cit- SDSU provides differential pay for its em- izen and proud American, we all owe Sid a ployees for the entire length of their activation OF VERMONT sincere thank you. and student academic progression support. In IN THE HOUSE OF REPRESENTATIVES f addition, it grants employees 40 hours of paid Thursday, October 6, 2005 personal leave for preparation of a deploy- REPORT BY THE CENTER ON ment. SDSU’s support for its National Guard Mr. SANDERS. Mr. Speaker, it is a pleas- NATIONAL POLICY ure, a great pleasure, for me to inform you, and Reserve employees and students is admi- my colleagues in Congress, and through you rable and serves as an example for other insti- the entire nation, about the kind of public serv- HON. GEORGE MILLER tutions of higher learning to emulate. OF CALIFORNIA ice and dedication found in Vermont and, I I join with all South Dakotans in expressing IN THE HOUSE OF REPRESENTATIVES suspect, in other villages, towns and cities my gratitude to SDSU. We are all proud and throughout America. Thursday, October 6, 2005 thankful for their demonstrated commitment to Aileen O’Neil has been the town clerk of Mr. MILLER of California. Mr. Speaker, I their employees and students who serve the Woodford, Vermont for 36 years. For well over commend to my colleagues a report by the Nation in the National Guard and Reserve.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00169 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 EXTENSIONS OF REMARKS 22523 A PROCLAMATION THANKING TRIBUTE TO THE VILLAGE OF did not value the west for its wilderness, but MATT SMITH FOR HIS SERVICE NELSONVILLE, NEW YORK rather for the material and economic treasures TO OUR COUNTRY that it could yield. It is therefore remarkable HON. SUE W. KELLY that during such an age, Congress set aside an area roughly the size of my home State, HON. ROBERT W. NEY OF NEW YORK West Virginia, as the world’s first national OF OHIO IN THE HOUSE OF REPRESENTATIVES park—an area that would be closed to farm- IN THE HOUSE OF REPRESENTATIVES Thursday, October 6, 2005 ing, timbering, mining and open to all Ameri- Thursday, October 6, 2005 Mrs. KELLY. Mr. Speaker, I rise today to cans for present and future recreation use. Several months after the 54th Congress cre- Mr. NEY. Mr. Speaker: honor the village of Nelsonville, New York, ated Yellowstone, they sent the General Min- Whereas, Matt Smith served in Iraq and is which this month celebrates its sesquicenten- ing Law to President Grant for signature. Fol- the recipient of numerous awards including the nial. I extend my sincere congratulations to lowing on the heels of the California Gold Meritorious Service Award, the Purple Heart, town officials, residents and supporters on this Rush, the Mining Law of 1872 was enacted in the Global War on Terrorism Medal, and the occasion, which symbolizes an accumulation order to promote orderly mineral exploration National Defense Service Medal; and of 150 years of hard work and diligence by a community. and development of the West and to provide Whereas, Matt Smith is to be commended On an early autumn day in October 1855, certainty and legal protections to those Ameri- for the honor and bravery that he displayed the village of Nelsonville was born and with it cans willing to take on the task. It is first and while serving our Nation in this time of war; a quaint community founded on good will and foremost a land law; it does not contain envi- and hard work. Some say the essence of the vil- ronmental or public health and safety provi- Whereas, Matt Smith has demonstrated a lage can be seen in the elaborate picture sions. commitment to meet challenges with enthu- painted by the landscape of historical buildings The Mining Law of 1872 has, like Yellow- siasm, confidence, and outstanding service; on the village’s timeless Main Street. This can stone, remained largely intact and unchanged Therefore, I join with the family, friends, and be seen in the current Village Hall which, prior over the past 133 years. While most people residents of the entire 18th Congressional Dis- to 1955, housed the local the Fish and Fur would agree that the continued preservation of trict of Ohio in thanking Matt Smith for his Club for over half a century. Yellowstone is a good thing, most would disservice to our country and wishing him the Nelsonville commemorates their 150th Anni- agree that maintaining and preserving the Min- best of luck in all his future endeavors. Your versary this month with a parade which surely ing Law of 1872 is a good thing. To keep a service has made us proud. will prove memorable as local leaders, organi- law on the books that has no environmental zations and community members come to- protection provisions, prevents the Federal f gether to remember an impressive history that Government from stopping ill-advised pro- 17TH ANNUAL DENTON COUNTY has provided the building blocks for an prom- posed mines on Federal lands, and has left FIREFIGHTERS MEMORIAL SERV- ising future. the headwaters of 40 percent of western wa- ICE Undoubtedly, the success of Nelsonville terways polluted by mining, is irresponsible could not have been realized without the sup- and just plain ridiculous. port and kinship of the surrounding town of Even more absurd, the 1872 Mining Law HON. MICHAEL C. BURGESS Philipstown and Putnam County. For years to also allows extraction of valuable minerals OF TEXAS come, Nelsonville will remain a great place to from the public domain without payment of IN THE HOUSE OF REPRESENTATIVES live following the lessons of the past and by royalties to taxpayers and at the same time al- Thursday, October 6, 2005 continuing participation in camaraderie with lows mining companies to purchase mineral surrounding communities. rich public lands for no more than $5 an acre Mr. BURGESS. Mr. Speaker, I rise today to There have been over 30 mayors since the irrespective of lands true value. In recognition honor the fallen men and women firefighters village’s inception. From Mayor Purdy in 1855 of the fiscal irresponsibility of this situation, who selflessly dedicated their lives to our com- to Mayor Mitch Dul in 2005, the village has Congress has since 1994, annually placed munities. seen many challenges, but has always stayed moratoria on mineral claim patents in appro- Each October, a grateful Nation honors its on steady course. The village retains a time- priations bills, most recently in the fiscal year fallen fire heroes during the National Fire Pre- less quality easily identifiable by those taking 2005 Consolidated Appropriations Act, allow- vention Week. Fire Prevention Week is a great a walk down its streets. On behalf of the peo- ing only patents applied for prior to 1994 to be opportunity to educate all citizens about the ple of the 19th Congressional District of New processed. However, it is far past the time for dangers of fire and the steps they can take to York, I wish Nelsonville continued success this moratorium to become permanent rather protect themselves. Each year, more than and another 150 exceptional and prosperous than being subject to annual renewal. 4,200 Americans lose their lives to fire. That’s years. To be sure, Congress has attempted to more deaths by fire each year than all other f comprehensively reform the Mining Law at natural disasters combined. National Fire Pre- various times over its history—each time to be vention Week has been observed since 1922 THE FEDERAL MINERAL DEVELOP- thwarted by powerful mining interests. Former the week of October 9th. This marks the date MENT AND LAND PROTECTION Congressman Mo Udall came close in the of the Great Chicago Fire in 1871. In that trag- EQUITY ACT OF 2005 1970s. During the 102nd Congress in 1991, I ic conflagration, more than 250 people were introduced mining reform legislation and we killed. 100,000 were left homeless, 17,400 HON. NICK J. RAHALL II came close to enacting legislation in 1994 that structures were destroyed, and more than OF WEST VIRGINIA would have updated this archaic law. Unfortu- 2000 acres burned. IN THE HOUSE OF REPRESENTATIVES nately, at the last moment, after both the I want to thank Denton’s First United Meth- House and the Senate had passed separate odist Church for hosting a special service in Thursday, October 6, 2005 bills, the conference failed to reach a com- honor of those who gave their lives for those Mr. RAHALL. Mr. Speaker, on March 1, promise and the rest, as they say, is history. of us residing in Denton County. The service 1872, President Ulysses S. Grant signed into Since then, I have re-introduced reform legis- and the processional to the Denton County law a bill creating the world’s first national lation in each succeeding Congress. Firefighters Memorial Park that concluded the park: Yellowstone. Known from its inception as Today, Representatives JAY INSLEE, CHRIS- memorial service truly honors these heroic ‘‘nature’s wonderland’’, Yellowstone has em- TOPHER SHAYS, and I, joined by our col- men and women. This year marks the 17th bodied a simple and straightforward concept leagues, MAURICE HINCHEY, DENNIS KUCINICH, Annual Memorial Service in Denton County. of a place unexploited and unspoiled by eco- EARL BLUMENAUER, GEORGE MILLER, and RAU´ L I extend my condolences and appreciation nomic or other development. GRIJALVA are introducing legislation similar to to the families and the communities of these In 1872, the vast wilderness of the west was what we introduced in earlier Congresses. fallen firefighters. This memorial service acts viewed by most Americans as something to be However, this bill differs from past efforts in as a tribute to the brave men and women of tamed, to be explored, settled, mined, logged, one significant way. The Federal Mineral De- America’s fire service. ranched, and farmed. Most people at that time velopment and Land Protection Equity Act of

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00170 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22524 EXTENSIONS OF REMARKS October 6, 2005 2005 has as its centerpiece, the recognition cultural values. Insuring a fair return to the TRIBUTE TO ST. JEROME CHURCH that there are special places, often sacred public in exchange for the disposition of public IN THE BRONX sites, that should be off-limits to hardrock min- resources, and properly managing our public ´ ing. This simple but important provision is nec- lands are neither Republican nor Democratic HON. JOSE E. SERRANO essary because under the 1872 Mining Law, issues. They are simply ones that make sense OF NEW YORK the Federal Government can not stop a valid if we are to be good stewards of America’s IN THE HOUSE OF REPRESENTATIVES mining claim from being developed on public lands and meet our responsibilities to the Thursday, October 6, 2005 lands, regardless of what other values are present. American people. Mr. SERRANO. Mr. Speaker, it is with great For example, the proposed site for a 1,600- Mr. Speaker, during the years I have la- pleasure that I rise today to pay tribute to Saint Jerome Church in the Bronx. On Octo- acre, open-pit gold mine in Indian Pass, Cali- bored to reform the Mining Law of 1872 those fornia, is the sacred place where Quechan In- ber 2, 2005 they will hold rededication cere- who defend its privileges—and it is indeed a monies in honor of the newly renovated dian tribes ‘‘dream trails’’ were woven. The privilege to be deemed the highest and best Bush administration revoked a Clinton-era rul- Church. use of our public domain lands—have often al- St. Jerome Church was founded on Sep- ing that said mining operations would cause leged that my mining reform legislation fails to tember 24, 1869, and primarily served the undue impairment to these ancestral lands, an large group of Irish immigrants arriving in extremely sacred place to the Quechan Indian take into account the contribution of hardrock America during the latter half of the 19th cen- tribe. Now the tribe is left fighting for its reli- mining to area economies. They claim that re- tury. In 1898, the cornerstone was laid for the gious and cultural history. Although the State form would have dire consequences on the in- building that St. Jerome Church would call of California has taken action to help protect dustry, that if we did not provide the industry home for the next hundred years. So magnifi- this site, the Federal Government remains with unfettered access to public lands and cent was the edifice that to this day it is called poised to permit the gold mine. public minerals, the industry could no longer ‘‘The Cathedral of the Bronx.’’ The stained Sadly, the threat to Indian Pass is not survive. glass windows and beautifully painted ceilings unique. American Indians, the first Americans, Let me just say that there is no member in make Saint Jerome Church truly one of the were the first stewards of this land. They re- the House of Representatives whose Congres- most visually stunning churches in the city. spected the earth, water and air. They under- Throughout its history, St. Jerome Church stood you take only what you need and leave sional District is more dependent upon mining for employment and its economic benefits than has stood fast in good times and bad as a the rest. They demonstrated that you do not symbol of faith. Through two World Wars, the this gentleman from West Virginia. And when desecrate that which is sacred. Most Ameri- Korean War and Vietnam, the church has cans understand a reverence for the great Sis- we are talking about the effects of mining, I watched as many of its sons and daughters tine Chapel, or the United States Capitol. would suggest that there is little difference be- bravely served their country. Those who made However, there are times when we have dif- tween coal mining and gold mining. The ef- the ultimate sacrifice have their names in- ficulty applying the same reverence we give to fects, whether measured in terms of employ- scribed on the walls of the church as a re- our sacred man-made places to a mountain, ment, or in terms of the environment or cul- minder of the high cost of war. valley, stream or rock formation held sacred to tural values, are the same. In the fifties, as Puerto Ricans and others Native Americans. from the Caribbean made the Bronx their The Federal Mineral Development and Land With that noted, I have engaged in the effort home, St. Jerome Church was there to wel- Protection Equity Act of 2005 has as its cen- to reform the Mining Law of 1872 these past come them with open arms. The priests made terpiece, the recognition that there are special many years not just for the apparent rea- it a priority to learn Spanish as new spirit was places, often sacred sites, that should be off- sons—the sins of giving away the public’s val- breathed into the surrounding neighborhood. limits to hardrock mining. Our mining law re- uable minerals mined for free, selling off Fed- Even today, St. Jerome Church continues its form legislation also recognizes that there are eral lands available almost for free and pro- legacy of welcoming newcomers to the Bronx other special places in the U.S. with spectac- viding no comprehensive Federal mining and as Mexican immigrants have revitalized the ular natural and cultural resources and values reclamation standards. But, I continue to wage area. that should be protected from the unavoidable, Mr. Speaker, scripture tells us in Deuter- this effort because I am pro-mining, because and often irreversible, damage caused by onomy 15:7: ‘‘If there is a poor man among hardrock mining. I no longer believe that we can expect a viable you, one of your brothers, in any of the towns Our legislation would bring hardrock mining hardrock mining industry to exist on public do- of the land which the LORD your God is giving law into the 21st century. It would protect pre- main lands if we do not make corrections to you, you shall not harden your heart, nor close cious water resources from toxic mine waste the law. I do so because there are provisions your hand to your poor brother; but you shall with much needed environmental standards, of the existing law which impede efficient and freely open your hand to him, and generously and prevent mining industry rip-offs by requir- serious mineral exploration and development. lend him sufficient for his need in whatever he ing the industry to pay a production-related And I do so because of the unsettled political lacks.’’ St. Jerome Church has always striven royalty on the extraction of publicly owned climate governing this activity, with reform if to realize these instructions. Under the spir- minerals. It would also prevent mining oper- not coming in a comprehensive fashion, cer- itual leadership of my friend, Father John ations from endangering federally designated Grange, over the last 26 years St. Jerome tainly continuing to come in a piecemeal man- wilderness areas and other special places by Church has grown into a powerful healing requiring land managers to weigh mine pro- ner. force in the Bronx, taking in Bronxites of all posals against other potential land uses when I believe that with enough courage, and for- nationalities and providing them with food for making permitting decisions. titude, we can continue to address the prob- the soul. The lack of a royalty in the 1872 Mining Law lems facing mining, and dovetail our need for As the representative from the South Bronx, and the absence of deterrents or penalties for energy and minerals with the necessity of pro- the poorest Congressional District in the na- irresponsible mining have caused enormous tecting our environment. tion, I am grateful to have a church in my taxpayer giveaways and liabilities. Under the community that works so hard, day in and day Mining Law the Federal Government has For at stake in this debate over the Mining out, to provide for those who are in need. In given away over $245 billion in mineral rich Law of 1872 is the health, welfare and envi- an effort to provide better lives for themselves public lands. In return, the mining industry has ronmental integrity of our people and our Fed- and their families, many immigrants make the left taxpayers with a cleanup bill, for their busi- eral lands. At stake is the public interest of all Bronx their first home in the States. During ness and mining practices, estimated to be in Americans. And at stake is the ability of the those trying first few years, it is institutions like the range of $32 to $72 billion for hundreds of hardrock mining industry to continue to oper- St. Jerome Church which help them manage thousands of abandoned mines that pollute ate on public domain lands in the future, to their struggle by providing constant spiritual the western landscape. produce those minerals that are necessary to guidance. St. Jerome Church has in the past It is time, well past time, that the Congress and continues to freely open their hand to the maintain our standard of living. replace this archaic law with one that reflects people of the Bronx. For 136 years of out- contemporary economic, environmental and standing service to the people of the Bronx, I

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00171 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 EXTENSIONS OF REMARKS 22525 ask my colleagues to join me in paying tribute A PROCLAMATION CONGRATU- Dinner deserve the attention of every Member to St. Jerome Church as it is re-dedicated on LATING MS. CHRISTINA TRIP- of this body, and I ask that those remarks be October 2, 2005. LETT ON WINNING THE RISING printed here. UP & MOVING ON AWARD I am more than honored to receive this f award, and want to express my thanks to all HON. ROBERT W. NEY responsible for it. I want to promise you that HONORING BEATRICE JOYCE I intend to live my life as if I actually de- OF OHIO ELLINGTON serve it. IN THE HOUSE OF REPRESENTATIVES I believe it represents a common acknowl- Thursday, October 6, 2005 edgement that denial of rights to anyone is wrong, and that struggles for rights are indi- HON. ZOE LOFGREN Mr. NEY. Mr. Speaker: visible. OF CALIFORNIA Whereas, Ms. Christina Triplett has over- I feel tonight a little like the great aboli- come adversity and hardship from a young tionist Frederick Douglass must have felt in IN THE HOUSE OF REPRESENTATIVES age to become an outstanding young woman; April, 1888. Douglass, by then an old man, was addressing a women’s convention in Sen- Thursday, October 6, 2005 and Whereas, Ms. Christina Triplett was able to eca Falls, New York. They praised him for his devotion to the cause of women’s suf- Ms. ZOE LOFGREN of California. Mr. keep her siblings together as a family in a try- frage. Forty years earlier, at the world’s Speaker, I rise to acknowledge and honor Be- ing environment; and first Women’s Rights Convention, when atrice Joyce Ellington who recently passed Whereas, Ms. Christina Triplett has com- Susan B. Anthony made a motion that away on August 1, 2005. mitted herself to helping others in similar situa- American women had the right to vote, it was Douglass who seconded the motion. I have known her since 1980. She was a re- tions cope with the ordeal and to being a positive influence to all those around her. In 1888, Douglass reflected back on that markable person. In fact, if more people just moment and told his audience, When I ran acted as she did, our world would be a better Therefore, I join with family, friends and as- sociates, as well as the entire 18th Congres- away from slavery, it was for myself; when I place. advocated emancipation, it was for my peo- sional District of Ohio in celebrating your re- Joyce became the first African American ple; but when I stood up for the rights of ceipt of the Rising Up & Moving On Award. women, self was out of the question, and I woman to head the San Jose Public Library You are an inspiration to us all. found a little nobility in the act. Commission in 1980. In 1974, Joyce success- f You have all made me feel noble tonight. fully argued before the San Jose Unified I am proud to represent an organization School District Board and the City Council that JULIAN BOND AFFIRMS THAT GAY that has fought for justice for all for nearly vacant land, a valuable commodity in San RIGHTS ARE CIVIL RIGHTS 100 years, and while we’ve won many vic- Jose where a single-family home can easily tories, we know—you know—there are other cost over a half-million dollars, should be used battles yet to be waged and won. HON. BARNEY FRANK At the NAACP, we were proud to have op- for a library, instead of being sold. Joyce was OF MASSACHUSETTS posed the federal marriage amendment and recognized for her tenacity in pushing for the IN THE HOUSE OF REPRESENTATIVES its wrong-headed versions in several states. library in 2002 when the City Council was per- President Bush backed amendments banning suaded by her neighbors and the community Thursday, October 6, 2005 same-sex marriage, calling marriage ‘‘the at large to overlook the City’s rule not to name Mr. FRANK of Massachusetts. Mr. Speaker, most fundamental institution of civiliza- a public building after a person still alive. At for more than 45 years, Julian Bond has pro- tion.’’ that time, the Empire Library was renamed to vided leadership in the fight against prejudice Isn’t that precisely why one should support, not oppose, gay marriage? the Joyce Ellington branch library. and its terrible effects in the United States. The NAACP recently passed a resolution to In addition to her accomplishments with the From his early days as a student leader, to his strengthen families, including yours. We library, Mrs. Ellington was a founder in 1965 of current position as Board Chair of the NAACP, promised to ‘‘pursue all legal and constitu- the Northside Neighborhood Association, the with distinguished elected service in between, tional means to support non-discriminatory oldest of its kind in the City of San Jose. Per- Julian Bond has been in the forefront of the policies and practices against persons based haps the greatest tribute to Joyce was her fight for justice in America. Given his extraor- on race, gender, sexual orientation, nation- ality or cultural background.’’ ability to gather community members of all dinary leadership in the struggle against discrimination based on race, and given the ef- We know there was a time, not so long ago, races, creeds and religions to work together when black people in this country couldn’t toward a common purpose in the community. forts of some to argue that the fight against marry the person of their choice either. The The Northside community, where Joyce lived homophobia is somehow entirely different from California Supreme Court was the first, in and did her service, is also one of the most di- the fight against racism, Julian Bond’s elo- 1948, to strike down laws prohibiting inter- verse communities in California with neigh- quent, forceful defense of the right of gay, les- racial marriage. bors, friends and families with roots in Africa, bian, bisexual and transgendered people to be Now the California legislature has become the first to legalize gay marriage. Japan, the Philippines, Mexico and elsewhere. treated fairly is noteworthy. On Saturday, October 1, Mr. Bond ad- As California goes, so goes the Nation. It’s When I attended the service for Joyce, sto- just a matter of time. dressed another important civil rights organi- Almost twenty years after California legal- ries abounded of not only her community serv- zation, the Human Rights Campaign, at the ice, but also of her welcoming heart and ized interracial marriage, the United States HRC’s Washington Dinner. His speech, not Supreme Court heard the aptly named case home. surprisingly for a champion of human rights, is Loving v. Virginia. Joyce was the sort of person who, when a strong defense of the right of people to be A married couple—Richard Loving, a white she saw a problem simply took responsibility free from prejudice based on their sexual ori- man, and Mildred Jeter, a black woman— to be part of the solution. That’s why she led entation, and an explicit affirmation that the won a ruling from the Court that Virginia’s the effort to establish a lighting district so that fight against racism and the fight against miscegenation laws were unconstitutional. That case enabled me to get married in Vir- the northside neighborhood could have street homophobia have a common basis. ginia. That case recognized marriage as one lights. That’s why she looked after her neigh- As he said in that speech, ‘‘denial of rights of the inviolable personal rights pursuant to bors. It’s why she cared about literacy. It to anyone is wrong, and . . . struggles for happiness. wasn’t enough that her own children were rights are indivisible.’’ That’s why when I am asked, ‘‘Are Gay readers and getting a good education. She un- Mr. Speaker, because of the eloquence of Rights Civil Rights?’’ my answer is always, derstood that it was also important for all the his repudiation of the effort to divide those ‘‘Of course they are.’’ children in her community to love reading and who fight against racism from those who fight ‘‘Civil rights’’ are positive legal preroga- books. She is most certainly a dearly missed against homophobia, and because of his ex- tives—the right to equal treatment before the law. These are rights shared by all— community leader, friend and teacher. She not traordinary stature in the fight to make sure there is no one in the United States who does only taught us lessons of service, but also that the rights spelled out in our Constitution not—or should not—share in these rights. opened the doors for us to teach ourselves at are in fact fully enjoy by everyone, Julian Gay and lesbian rights are not ‘‘special the library so aptly named after her. Bond’s words at the Human Rights Campaign rights’’ in any way. It isn’t ‘‘special’’ to be

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00172 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22526 EXTENSIONS OF REMARKS October 6, 2005 free from discrimination—it is an ordinary, guilt, although there is that. It is that men October 21, they shall break ground on a new, universal entitlement of citizenship. The cannot live with a lie and not be stained by larger facility. right not to be discriminated against is a it. Originally known as Saginaw County Hos- common-place claim we all expect to enjoy One lesson of the civil rights movement of pital, HealthSource Saginaw was established yesterday—and the on-going civil rights under our laws and our founding document, by county officials in 1930 as a tuberculosis the Constitution. That many had to struggle movement of today—is that sometimes the to gain these rights makes them precious—it simplest of ordinary acts—taking a seat on a sanitarium. In 1991, it became a Municipal does not make them special, and it does not bus or a lunch counter, registering to vote, Health Facility Organization and qualified for reserve them only for me or restrict them applying for a marriage license—can have non-profit status with the Internal Revenue from others. extraordinary ramifications. It can change Service. Throughout the years, it has main- When others gain these rights, my rights our world, change the way we act and think. tained a vision to offer the finest care avail- are not reduced in any way. The fight for Thank you again for this honor. able, care that meets and exceeds the latest ‘‘civil rights’’ is a win/win game; the more The old ways are crumbling. in healthcare, communications, and informa- civil rights are won by others, the stronger It must come. tion technology. At the same time, the army defending my rights becomes. My Let us leave here determined to fight on rights are not diluted when my neighbor en- until it does. HealthSource Saginaw has continued to provide the quality level of compassion for which joys protection from the law—he or she be- f comes my ally in defending the rights we all it is known for throughout the State of Michi- share. HONORING RICK GEHA gan. For some, comparisons between the Afri- With 319 inpatient beds, HSS is comprised can-American civil rights movement and the HON. FORTNEY PETE STARK of three divisions: Behavioral Medicine Serv- movement for gay and lesbian rights seem to ices, an Extended Care Center, and a Medical OF CALIFORNIA diminish the long black historical struggle Rehabilitation Center. They offer specialty IN THE HOUSE OF REPRESENTATIVES with all its suffering, sacrifices and endless services such as inpatient and outpatient toil. However, people of color ought to be Thursday, October 6, 2005 flattered that our movement has provided so Chemical Dependency and Mental Health care much inspiration for others, that it has been Mr. STARK. Mr. Speaker, I rise to pay trib- and treatment, restorative care, physical, oc- so widely imitated, and that our tactics, ute to Rick Geha who is being honored by cupational, and speech therapy, and the re- methods, heroines and heroes, even our The Ohlone College Foundation in Fremont, gion’s only inpatient adolescent mental health songs, have been appropriated by or served California, as 2005 Citizen of the Year. program. They receive accreditation from the as models for others. Since 1987, the Ohlone College Foundation Commission on Accreditation of Rehabilitation No parallel between movements for rights has awarded a Citizen of the Year Award at Facilities and the Joint Commission on Ac- is exact. African-Americans are the only creditation of Healthcare Organizations, who Americans who were enslaved for more than its Annual Benefit Luncheon to honor individ- two centuries, and people of color carry the uals or organizations that have made an ex- have given them the most optimal level of dis- badge of who we are on our faces. But we are ceptional contribution and commitment to the tinction for their hospital level services. far from the only people suffering discrimi- advancement of the community. In addition to its non-profit status, HSS re- nation—sadly, so do many others. They de- Rick Geha is being honored for his ‘‘Com- ceives significant funding from Medicare, Med- serve the law’s protections and civil rights, mitment to Excellence.’’ As a businessman, he icaid, and of course through the support of too. is a leader among Bay Area realtors and a Saginaw County residents, who have author- Sexual disposition parallels race—I was ized a millage to help with costs. Over 99 per- born black and had no choice. I couldn’t mentor in the real estate business. As a community activist, he is a strong ad- cent of their total budget, including funds re- change and wouldn’t change if I could. Like ceived by the millage, is earmarked for direct race, our sexuality isn’t a preference—it is vocate for children and education. He has immutable, unchangeable, and the Constitu- served on the Ohlone College Foundation patient care, with the remaining one percent tion protects us all against prejudices and Board since 1993 and has held the position of slated for equipment. discrimination based on immutable dif- Board Chair for the past eight years. He has Mr. Speaker, it is indeed an honor and a ferences. served two terms on the Kidango Board of Di- pleasure for me to have this opportunity to Those whose bigotry is Bible-based selec- rectors. Kidango, formerly Tri-cities Children’s recognize this outstanding group of medical tively ignore Biblical injunctions in Exodus Center, provides a variety of child develop- professionals. Many families have benefited to execute people who work on the Sabbath from their care and services. The staff con- and in Leviticus to crack down on those who ment programs in 46 locations in three Bay Area Counties. The Fremont Education Foun- siders it their duty and privilege to protect and get haircuts or who wear clothes with more defend human dignity and the quality of life for than one kind of thread. dation honored Rich Geha as the Community Recently, they’ve even ignored the sanc- Honoree for its 2005 Excellence in Education their patients. I am grateful for HealthSource tity of marriage—just ask Michael Schiavo. award. Saginaw’s commitment to go beyond the ordi- Many gays and lesbians worked side by Rick Geha gives tirelessly to the community nary when providing healthcare services, and side with me in the ’60s civil rights move- through his philanthropy, community service, I ask my colleagues in the 109th Congress to ment. Am I to now tell them ‘‘thanks’’ for business expertise, and dedication to making please join me in congratulating and wishing risking life and limb helping me win my them well on their expansion. rights—but they are excluded because of a a positive difference. On October 21, family f condition of their birth? That they cannot and friends as well as the grateful recipients of share now in the victories they helped to Rich Geha’s kind service and financial support STATEMENT IN REMEMBRANCE OF win? That having accepted and embraced to non-profit organizations, will gather to ac- KENNETH SMITH them as partners in a common struggle, I knowledge his years of community service. I can now turn my back on them and deny join them in appreciation for his commitment HON. JIM SAXTON them the rights they helped me win, that I to excellence. enjoy because of them? OF NEW YORK Not a chance. f IN THE HOUSE OF REPRESENTATIVES In 1965, those of us who worked in the civil HONORING HEALTHSOURCE Thursday, October 6, 2005 rights movement were buoyed by a radio ad- SAGINAW, INC. dress given by Lyndon Johnson. Mr. SAXTON. Mr. Speaker, it is with great His words speak to us today. He said then: sorrow I announce the passing of Kenneth It is difficult to fight for freedom. But I HON. DALE E. KILDEE Smith of Manahawkin, New Jersey, after a also know how difficult it can be to bend OF MICHIGAN long battle with cancer. Ken dedicated his life long years of habit and custom to grant it. IN THE HOUSE OF REPRESENTATIVES toward enhancing the sandy beaches, not only There is no room for injustice anywhere in of New Jersey, but of the entire nation. the American mansion. But there is always Thursday, October 6, 2005 Ken Smith was a tireless and dedicated ad- room for understanding those who see the old ways crumbling. And to them today I say Mr. KILDEE. Mr. Speaker, I rise before you vocate for protecting and enhancing our simply this: It must come. It is right that it today to honor the administration and staff of beaches. He knew how much they mean to should come. And when it has, you will find HealthSource Saginaw, Inc. For 75 years, this our state and national economies, and he that a burden has been lifted from your facility has provided superior medical care to fought tenaciously to assure the federal gov- shoulders too. It is not just a question of patients throughout the Saginaw area, and on ernment gave beach preservation the priority it

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00173 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 EXTENSIONS OF REMARKS 22527 deserves. For over a quarter of a century, Ken Haven, a shelter for these same youth. While KATZEN International, Inc. was formed in was America’s ‘‘Coastal Advocate.’’ this shelter was not opened until 1980, the 1955 by Dr. Raphael Katzen. The company in- Ken spent eight years as a Vice President LICC continued to help these young members cludes a group of highly experienced chemical and as a Director of the American Shore and of the Long Island community. and mechanical engineers, biologists, and de- Beach Preservation (ASBPA); and is a co- Ms. Leonard is also responsible in creating signers who have applied their expertise to founder of the Alliance for a Living Ocean, support lines for people from stigmatized pop- provide innovative and advanced design con- formed in response to the terrible summer ulations of Long Island. She had led the fight cepts encompassing the agriculture, chemical, when garbage and other pollution was wash- to create peer counseling and assistance pro- sugar, paper, and other industries. ing up on the Jersey shore in 1987. The Alli- grams for gay and lesbian youth. She pursued Dr. Katzen pioneered a number of tech- ance for a Living Ocean won the Governor’s this fight through the 1980s, a time where this nologies used to produce fuel grade ethanol Award for Volunteerism in 1999. Ken, known policy was viewed as highly unpopular. In and as early as 1945 he designed, built, and as ASBPA’s ‘‘Tenacious Bulldog at the 1993, LICC formed Pride for Youth with a operated a 17 million gallon per year ethanol Beach,’’ won the organization’s prestigious grant from the Paul Rapoport Foundation. plant in Springfield, Oregon using wood as a Morrough P. O’Brien Award in 1999, followed Pride for Youth’s mission is to enhance the feedstock. Dr. Katzen and his colleagues have by its Lifetime Achievement Award in 2004. health and wellness of these youth through worked to improve the quality of life in rural The millions of tourists who come to visit education, supportive services, and youth de- America by developing some of the most effi- and enjoy our beaches each year from across velopment. cient and successful ethanol plants in the the nation and from around the world, as well It is the strong leadership of this woman that country. As the ethanol industry has matured as ail those whose communities are protected has allowed the LICC to be an effective orga- and larger plants have become the norm, from the ravages of storms by these same nization in helping those members of the Long KATZEN has retained its agriculture base and dunes and healthy beaches, owe Ken a debt Island community most needing help. Mr. continues to work with ethanol plants of all of gratitude for all that he accomplished. Ken Speaker and colleagues, please join me in sizes. was the leading force in bringing an aware- congratulating Linda in her 30 years of serv- On behalf of the. people of Ohio’s First Con- ness to so many people about the importance ice. Best wishes, Linda, and I can only hope gressional District, I would like to congratulate of working together to preserve not only our you continue serving Long Island in the excep- Raphael Katzen and KATZEN International on beaches and oceans, but the environment and tional way you have for 30 years. 50 years of technology, development, environ- our natural resources as a whole. His dedica- f mental stewardship, and support for rural tion to not only protecting the beaches but America. A PROCLAMATION THANKING CAM- educating people on the importance of preser- ERON R. AGIN FOR HIS LIFE- f vation was unparalleled. I extend my sympathies to his wife, Pat, and LONG DEDICATION TO HIS COM- TRIBUTE TO WALT HIERSTEINER to his entire family and hope that these words MUNITY AND HIS COUNTRY of appreciation will comfort them in their time HON. DENNIS MOORE of sorrow. HON. ROBERT W. NEY OF KANSAS f OF OHIO IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN RECOGNITION OF MS. LINDA Thursday, October 6, 2005 Thursday, October 6, 2005 LEONARD Mr. MOORE of Kansas. Mr. Speaker, I want Mr. NEY. Mr. Speaker: to take a moment to bring to the attention of HON. CAROLYN McCARTHY Whereas Cameron R. Agin honorably the House of Representatives a profile and served his country during a time of conflict in interview of one of my leading constituents in OF NEW YORK WorId War II; and IN THE HOUSE OF REPRESENTATIVES Kansas’ Third Congressional District, Walter Whereas, Cameron R. Agin continued his Hiersteiner of Prairie Village, Kansas. Walt re- Thursday, October 6, 2005 life of service with the Zanesville Police De- cently was the subject of an article in ‘‘The partment, earning the rank of Captain; and Mrs. MCCARTHY. Mr. Speaker, I rise today Best Times: a newspaper for Johnson Coun- Whereas, Cameron R. Agin led a life de- in recognition of Ms. Linda Leonard, a dedi- ty’s 60-and-older citizens’’, which I am includ- voted to civic responsibility and true patriotism cated member and Executive Director of Long ing with this statement. in the Jaycees, Charity Newsies, American Le- Island Crisis Center, LICC. On October 10, Walt Hiersteiner has a long history of serv- gion, Boy Scouts, Grotto, Shrine and the 2005, Ms. Leonard will celebrate 30 years of ice to his family, friends and community. Since VFW. 1946, he has been involved with the manage- service to the citizens of Nassau County and Therefore, I join with family, friends and the ment and administration of the Tension Enve- Long Island. entire 18th Congressional district of Ohio in Long Island Crisis Center was created in the lope Corporation of Kansas City, Missouri, thanking Mr. Cameron R. Agin for his inspiring 1970s by students of Adelphi University to where he has been responsible for numerous service both in war and at peace. promote counseling for students by students innovations in that field, including 25 United via telephone or face-to-face appointments. f States patents. Just as important, if not more Since then, the Center has expanded to help RECOGNIZING KATZEN INTER- so, has been his dedication to the Kansas City countless Long Islanders with a wide array of NATIONAL ON ITS 50TH ANNI- community, including: service on the Shawnee programs. VERSARY Mission Board of Education; establishment of Ms. Leonard has been in charge of the Cen- the Committee for Excellence, which sup- ter since 1979. She has brought support to HON. STEVE CHABOT ported several school bond issues; service on numerous groups on Long Island and has OF OHIO the Kansas State Board of Regents, to which brought the LICC from its very humble begin- IN THE HOUSE OF REPRESENTATIVES he was appointed by Governor Robert Dock- nings to an established multi-service agency. ing; chairing the Legislative Committee for the The people of Long Island are in debt to the Thursday, October 6, 2005 Johnson County Community College Founda- work of this committed woman. Mr. CHABOT. Mr. Speaker, I rise today to tion; and fundraising and direct financial sup- There have been many groundbreaking pro- recognize the impressive achievements of a port for numerous worthy community causes, grams established by Ms. Leonard in her 30 company in Ohio’s First Congressional District including the Children’s Center at Johnson years of service. For example, in the late that is celebrating its 50th anniversary. County Community College and the Truman 1970s runaway and homeless youth had no KATZEN International is a leading name in the Medical Center. where to turn to for support. Ms. Leonard ethanol industry and has been involved in the I am pleased to have this opportunity to changed that in conjunction with the Nassau design and development of 70 ethanol plants place this profile from the Best Times in the County Youth Board. She established the around the world. I think my colleagues would RECORD, but I am more pleased to have this Runaway and Homeless Youth Hotline along agree that 50 years is a remarkable amount of opportunity to publicly recognize Walt with housing for these young people. She fur- time to be in any business, and this is no ex- Hiersteiner as a vitally important community ther led the way in the creation of Nassau ception. leader and activist in the Third Congressional

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00174 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22528 EXTENSIONS OF REMARKS October 6, 2005 District, and as my personal friend for many really have had no desire or inkling to go And I very definitely believe that commu- years. elsewhere! nity involvement is a responsibility for all Q: You have been with the Tension Enve- corporations. We all take advantage of the [From The Best Times, Sept. 2005] lope Corp. since 1947. You started in sales, good fortune of living in the United States, WALT HIERSTEINER: COMMUNITY INVOLVEMENT later became sales manager and subse- and specifically in Johnson County, so we OVER A LIFETIME quently executive vice president, and now should share that good fortune. (By Lynn Anderson) are vice chairman of the board. In what ways Q: Five mornings a week, you are still at A native of Des Moines, Iowa, Walter has the life of a businessman and lawyer your desk at Tension. Do you have opportu- Hiersteiner graduated from the University of suited you? nities to interact with younger employees Iowa in Iowa City (a member of the Phi Beta A: A law school education really amounts and managers? And why don’t you simply go Kappa society in 1939) and then Harvard Law to learning how to think, and I was able to home and find recreational and retirement School in 1942, where he was an editor of the use thinking skills in the business world. Ini- activities? Harvard Law Review. While a student at the tially I was involved in labor relations, but I A: Simply explained, I’m having too much University of Iowa, he met Jean Newburger, became actively interested in the envelope fun to quit. I’m able to have the better of whom he married in 1944. After World War II, business. That interest was acquired quite both worlds: semi-retirement and continuing the couple moved to Kansas City. naturally because I was always interested in involvement. I am an observer and a consult- Following his graduation from Harvard riddles, which led to my being fascinated by ant, and I try to stay out of the way of the Law School, he practiced briefly with the the complicated envelope equipment, leading people, many or most of whom I have Kansas City law firm of Ryland, Stinson, to my developing 25 envelope designs that trained! I engage in some mentoring. I’m Mag & Thomson. In 1942 he was called in as have been patented. finding, though, that it’s not so easy to be a commissioned Naval officer, serving until The company employs a cadre of sales rep- graceful when you see that those whom 1946, principally as a naval gunnery officer resentatives. Often they sought me out, ex- you’ve trained are sometimes doing a better stationed in Cincinnati, Ohio, and then Long pressing a particular interest of a sales pros- job than you did! Island, New York. pect, and together we developed a special en- Q: In 1979, you and Jean established an Following his discharge in 1946, he prac- velope to fit the customer’s needs. Our com- Outstanding Service Award at the University ticed briefly with the law firm of Margolin & pany’s reputation has been founded not only of Kansas School of Law for the graduating Reinhardt in Kansas City. Then, in 1946, he on regular envelopes of all descriptions but student whose service to his or her fellow joined the Tension Envelope Corp., which at on specialty envelopes. students was considered by the faculty as You asked how I would come up with a new that time had four manufacturing facilities. demonstrating foremost promise for the design. It’s a process of constant and pene- Years later, when Bert Berkowitz and Walter legal profession and society. You seem to be trating thought—pensive thoughtfulness— Berkowitz died within three weeks of one an- encouraging young men and women to think about how to get a better result. I would other, Bert Berkley, the son of Bert about social service. think about solutions for envelope puzzles at A: It’s significant to us that many of the Berkowitz, became president, and Walter be- all hours! Outstanding Service Award winners say they came executive vice president, sharing prin- Q: Hanging on your office wall are 25 became involved in social service to ‘‘pay cipal management responsibilities with Bert framed patents of envelope designs you cre- back’’ the community. I recognize what they Berkley. ated, including an airline ticket envelope mean by that, but Jean and I don’t think of Bert Berkley’s son, Bill, has taken over the and specialty packaging envelopes for Hall- it exactly that way. We just deeply enjoy the sole management of the Tension Envelope mark, among a large number of other cus- pleasure we get from working with the splen- Corp., which has manufacturing plants in tomers. Were you always inventive? did people with whom we collaborate, along Malaysia, China, and Taiwan, and eight do- A: Twenty-four of the patents are enve- with the satisfaction of seeing what we can mestic manufacturing plants, with 30 sales lopes, but one is of particular interest. In accomplish together. and service offices in major markets. The summer vacations at Cape Cod, our kids Q: You are a member of the New Reform company manufactures more than 12 billion would have dry cereal for breakfast—but Temple. What makes this synagogue and its envelopes a year. without closing the boxes satisfactorily, the people special to you? Walt champions multiple civic causes with cereals became moist. I developed a special A: We all need to have pride in our own energy and conviction, particularly in the closure on a box of cereal, and indicated I faith, whatever it may be, and opportunities areas of public education and health care. He was going to apply for a patent, to which my to express our faith with others. In fact, was named Johnson Countian of the Year in youngsters felt ‘‘not surprised!’’ I commu- Jean helped in the establishment of the New 2003. Eighty-six years old, he lives in Prairie nicated with the Kellogg Company and Gen- Reform Temple, which now has a new rabbi, Village with his wife, Jean. They have four eral Foods after securing a patent, but the Jacques Cukierkorn, very active in the city’s children, all of whom graduated from the Kellogg Company was inspired to go in a dif- Interfaith Alliance and off to a great start. Shawnee Mission district public schools, and ferent direction by my concept, and that par- Q: People of a range of economic levels nine grandchildren. His oldest son, Richard, ticular patent never materialized into the often want to contribute to their commu- is a lawyer with the firm of Palmer and acceptance I had hoped. nity. What are your thoughts on how we can Dodge in Boston, Mass.; Mary is a teacher in Our company is still imbued With the phi- all do that? special education and also a partner in a tu- losophy of coming up with something dif- A: Many of the people with whom we asso- toring business; Joseph practices law in Kan- ferent and better for customers with spe- ciate have a passion for being helpful. sas City with the firm of Seigfried, Bingham; cialty needs. Today, in most instances, oth- There’s no ‘‘admission fee’’ for volunteering! and Dorothy is an art therapist in Boulder, ers in our company handle these specialty Early volunteering of one’s energy and sup- Colo., who exhibits her watercolor paintings. problems. But if a designer has an inter- port can be equal in importance to larger Lynn Anderson was treated to a warm, esting challenge and comes to me seeking dollars that could be contributed. stimulating conversation with Hiersteiner in advice, I’m happy to provide it! It’s a good idea to apply the energy and his third-floor office at 819 E. 19th St. in Q: Tension Envelope has a foundation pro- support even without funds early on, and Kansas City, Mo. viding grants for worthy nonprofit activities. grow into perhaps more contribution of both Q: Let’s begin with a little about your Do you believe that businesses have a re- energy and support with funds later on. background. You grew up in Iowa, went to sponsibility to contribute profits in ways Q: In 1957, you and Jean moved your four the University of Iowa and Harvard Law that benefit the community? children from Kansas City to Fairway. Did School, served in the Navy, and finally set- A: Absolutely! Tension Envelope was your move to Johnson County have anything tled in Kansas City. You’ve now been in Kan- founded in 1888 by the father of Bert to do with the school systems? sas City for almost 60 years. Why have you Berkowitz and Walter Berkowitz, and Bert A: It had everything to do with the wanted to continue making Kansas City and Walter were always involved in commu- schools! In Kansas City in those days, even your home? nity activities, principally public education in the secondary grades, the schools had so- A: Jean and I are both strong Midwestern- and hospitals. Our company continues to rorities and fraternities, which in our judg- ers and we prefer the Midwest unquestion- push for community involvement because it ment interfered with general relationships ably. I had many opportunities to practice is so rewarding! and activities and subordinated, in many in- law in the East, but we chose to stay in the Tension contributes to the community by stances, the concentration on academics. I Midwest, primarily because we thought it af- being a family-focused company. Over the sought out the superintendent of schools to forded the very best environment in which to years, we have had two or three generations persuade him that their existence was unde- raise children. of the same family working in our com- sirable and at odds with what should be We enjoy everything about living in Kan- pany—in part, I think, because our manage- gleaned from public education—but nothing sas City, not the least being its people, the ment maintains a genuine interest in its em- appeared on the horizon, so we moved to educational facilities of Johnson County for ployees. We have a fine retirement program, Kansas, where the fraternities and sororities our youngsters, and the wonderful company so many of our former employees are now en- then and now have been prohibited by state for which I have worked nearly 60 years. We joying the retirement they richly deserve. law except in higher education.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00175 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 EXTENSIONS OF REMARKS 22529 Many of our friends have sent their chil- porting activists or more, we were able to Jean has always had a passion about teach- dren to private schools, which we never con- get three school bond elections passed with ing child development specialists. At the sidered. Our personal view was that our chil- 60 to 70 percent of the vote in favor. Recog- center’s dedication, she told the audience dren would receive better preparation for nizing that about 30 percent of those voters that she had always thought the name public life—for the mixture of people they did not have children in the schools, I think ‘‘Hiersteiner’’ was a bit long and difficult would encounter and for how they would that is conclusive proof of the commitment every time she had to fill out forms or write need to communicate—through a public to quality education that permeates Johnson a check—but her pride in seeing the name on school education. I think public schools tend County. the building was changing her view about to be more competitive, inspiring youngsters The Committee for Excellence has also the awkwardness of our name! to do well. Public school is a strong prepara- been active recently in funding for public Q: You co-chaired Truman Medical Cen- tion for life after school. schools, which has decreased ever since 1992, ter’s first major fund-raising effort, which Q: In 1968, you were elected to the Board of when the legislators took funding respon- was a $20 million capital campaign. For Education for the Shawnee Mission School sibilities away from the districts and re- many years you have been on Truman’s District. You became board vice president, turned those responsibilities to Topeka. We Charitable Foundation board, while Jean has then president in 1972. What drew you to that shared concern with all Kansas districts been active in the medical center auxiliary form of public service, and what were some about the inadequacy of the funding, and and gift shop, which she co-managed for of the most contentious issues and most re- lobbied extensively to represent the young- about 15 years. Additionally, you and Jean warding moments? sters. We feared that many legislators were have endowed scholarships for nurses. What A: One day long ago, I read in the paper more interested in getting reelected than in fuels your passion for health care activism? that the Shawnee Mission Board of Edu- meeting this educational priority. The com- A: Everyone recognizes the requirement of cation had refused to accept government mittee remains very active now, because it is adequate health care, but unfortunately, funds to supplement its special education clear that the foundation plan for supporting there are any number of individuals without programs, in the fear that those monies public schools in the state of Kansas requires health insurance and without the means of might be dominated by their funding source. major reform. paying for care. That didn’t appeal to me and I decided that, Q: Tell us briefly about your experience as The Menorah Hospital experience that I rather than just complaining, I’d run for the a member and president of the Kansas Board had for more than 40 years was rewarding, school board. The more I got involved after of Regents. but my involvement at Truman Medical Cen- a successful campaign, the more justified I A: I was appointed in the mid-1970s to the ter for about 20 years is in my judgment ab- felt in that investment of time. Board of Regents by outgoing Gov. Robert solutely imperative because the mission of Of course, I found some things that I felt Docking, at the request of the incoming gov- Truman is to take care of clients irrespec- were not pleasing, including the fact that ernor, Robert Bennett. This was a practice tive of their ability to pay. Truman is a won- girls were denied any athletic competition that indicates the cooperation and civility derful community institution under the ex- and confined to participating on drill teams existing in those days that has largely dis- pert presidency of John Bluford, meeting a or as cheerleaders. We were able to change appeared in state and national politics. need for those who cannot afford to pay. But that, with the help of the other members of My experience on the Board of Regents was it also has an excellent faculty that is good the board, to the point that the principal of wonderful and one of the most enjoyable ac- enough to be desired by any number of pay- Shawnee Mission North once introduced me tivities in which I have participated in the ing patients. Its equipment is first rate and to his students as ‘‘the father of girls’ ath- public arena, largely because of the other its faculty is outstanding. letics’’ in the district! That’s something of members of the board, with whom I had the Interestingly enough, I became involved at which I still remain very proud. pleasure to associate in the governance of Truman while still a member of the board at Another thing I found displeasing was the public-supported colleges and universities in Menorah, because I received a mailing from concentration by the school district and its Kansas. Truman that had too much postage on the administrators in the length of students’ I would not like to have this statement envelope. I called to explain to them that hair and the length of skirts, about which misunderstood, but I have considered Bob they could save money by being up to date they had rules that they monitored rather Bennett—quite apart from any appreciation on postal regulations. About 15 minutes after carefully. During that period of time my for his appointing me to the Board of Re- that call, Jim Mongan, who was at that time older son, who was in law school, came home gents—to have been the best governor Kan- the president of Truman Medical Center, was sporting a mustache. I didn’t happen to pre- sas has had in my experience, and maybe in my office inviting me for a tour of the fa- fer it, and I thought I was being diplomatic ever. I couldn’t be more sincere in saying cility, after which he was able to secure my about expressing my objections. However, six that, because in my opinion, Gov. Bennett appointment to the board. That has been a months later, when I saw him at law school, made decisions in the interest of the whole very satisfying experience over the years. he had removed his mustache. When I in- state quite apart from partisan motivation. I Without the assistance of this outstanding quired as to the reason, his explanation real- learned a good deal from him in that regard. institution, most of the private hospitals, if ly awakened me. He said he simply got tired Q: You chaired the Legislative Committee not all of them, would have red ink on their of it and that if it hadn’t been for me, he for the Johnson County Community College bottom line. No one in the community would have been tired of it three months ear- Foundation. What was that committee’s mis- should be satisfied witnessing people in our lier! When I reported that to the school sion? community not having any access to health board and campaigned for a total concentra- A: There was concern about losing local care at all. Q: You are on the advisory board of the tion on comportment in academics, and not control over community college funding at Mainstream Coalition. What parts of that on these extraneous things, the board finally the time of the reorganization of the Kansas group’s mission are most important to you? agreed to do away with any dress codes. The Board of Regents. There is now a predomi- A: I believe our goal is education for the administrators, to their dismay at the out- nant feeling at that college that the situa- community about domestic, national, and set, found that students’ appearance did not tion is stable. However, the committee is foreign issues for which the public needs as deteriorate as they had anticipated. ready and willing to reactivate if needed. much information as possible. The coalition One of the things I remember with satis- Q: In December 2003, the Children’s Center is quite diverse and nonpartisan, with Re- faction is that I had an intern working with at Johnson County Community College was publican, Democrat, and Independent mem- me for awhile when I was on the school renamed the Hiersteiner Child Development bers. board, doing leg work and research, helping Center in honor of you and Jean. Your finan- Q: Countless community leaders have me considerably and helping in his own de- cial gift allowed the college to enlarge and praised the fact that your stand on issues or velopment. I have recommended that a few renovate its center, making it possible for candidates is never based on ideology or times since. more students pursuing the curriculum in party affiliation, but rather on what you be- Q: In the 1980s, concerned about funding for early-childhood education to move from the lieve is best for the people of Kansas City. the school district, you helped organize the waiting list into the program. Has child de- What are the keys to maintaining an inde- Committee for Excellence. You worked with velopment had a special place in your heart? pendent frame of reference? Larry Winn III and Fred Logan. (Since that A: We have four children, and when we A: Well, I persist in my personal points of time, Winn has been elected to the school first moved to Kansas City, my wife, with view, and I believe that people involved in board and Logan has become a co-sponsor of some others, organized a coop nursery in as- their communities do a better job of it if the Committee for Excellence.) Initially you sociation with the then University of Kansas they act in as nonpartisan a way as they can. were very much involved in gaining the sup- City. Science has recently revealed that the Organized politics has never been appealing port of a levy election and then two bond brain commences to develop even prior to to me, so I try to make my mark outside the issues, the last of which was for $140 million birth, and that was assurance to my wife and realm of parties. in the Shawnee Mission district. me that children needed the benefit of Q: How do you keep your optimism going? A: Through the work of the Committee for trained professionals, not just those offering A: Quite often, I don’t! But the main tools Excellence, which had hundreds of sup- custodial care. I use are hope and paying attention to what

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00176 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22530 EXTENSIONS OF REMARKS October 6, 2005 is going on in my community and what I con Following this experience, he launched a ca- ture—the man commonly known as ‘‘Mr. do about it. reer in private practice with the firm of Dow- Cheektowaga,’’ Legislator Raymond K. Dusza. f ney, Brand, Seymour and Rohwer in Sac- During the 1990s, I worked closely with Ray, and saw firsthand his gentle yet per- CONGRATULATIONS TO THE PEO- ramento. After a few years as an associate in sistent leadership style. Ray’s leadership on PLE OF TAIWAN ON NATIONAL what was then the largest practice in the city, so many issues important to taxpayers and DAY he became a partner from 1965 to 1967. Mr. Speaker, having taught at the consumers won kudos from countless local McGeorge School of Law since 1961, Claude residents and praise from local taxpayers’ HON. THOMAS G. TANCREDO decided to leave private practice in 1967 to groups. OF COLORADO take a full-time position on the faculty as one Ray’s call to public service came early in IN THE HOUSE OF REPRESENTATIVES of four charter professors. Generations of law life. He enlisted in the United States Army and Thursday, October 6, 2005 students are grateful that he did, for he helped defended this country as a Paratrooper in the unit known as ‘‘America’s Guard of Honor,’’ Mr. TANCREDO. Mr. Speaker, I rise today the school develop from a small, unknown en- Ray’s beloved 82nd Airborne Division. When to extend to the people of Taiwan my heartiest tity into a proud institution. Ray came home after his military service, he congratulations as we approach October 10 or Claude has specialized in international law started at the Westinghouse Electric corpora- National Day—the founding day of the Repub- during his career. From 1982 to 1986, he was tion, where his reputation as a ‘‘man of the lic of China. the Associate Dean for Graduate and Inter- Since the ROC government was founded on national Programs. And since 2003 he has people’’ became apparent. Ray rose through the Chinese mainland nearly 100 years ago, filled duties as the Associate Dean for Inter- the ranks and was chosen to represent 4,000 the people and government of the republic national Affairs. He has lectured and consulted of his labor brothers and sisters as leader of have made great economic and political all over the world. He has taught commercial the International Union of Electrical Workers, strides. Over the last several decades, Taiwan and contract law courses in cities including Vi- Local 1581. In 1988, the 8th District seat in the Erie has been transformed from a one-party state, enna, Salzburg, Edinburgh, Shanghai, and County Legislature became vacant. After into a thriving global economic powerhouse, a London. Most recently, he has consulted the many years of active service in the community generous and responsible member of the Vietnamese Ministry of Justice and the Min- and in the Democratic Party, Ray contested international community, and perhaps the istry of Trade to help rewrite that nation’s civil and won election that November, representing most vibrant multi-party democracy in the code and commercial law respectively. the residents of the Town of Cheektowaga Western Pacific. In addition to being an accomplished teach- This year has been an especially eventful er, Claude has published many legal works. and the Village of Depew. Over the past 17 year in Taiwan’s democratic evolution as vot- While much of his writing portfolio has an years, Republicans and Democrats alike have ers on the island made historic revisions to the international emphasis, I benefited from his bowed to the high regard with which this man ROC constitution through a referendum proc- text ‘‘Contracts in a Nutshell’’ when I was his has been held—Ray has never been seriously ess—a process that could never have been student at McGeorge. challenged for re-election. Local consumers soon learned that they had conducted on the Chinese mainland. President Claude is a member in good standing of the no greater defender of their rights than Ray Chen and the Taiwanese people deserve our California Bar Association, American Bar As- Dusza. Ray led the fight for a new Item Pric- respect and admiration for moving forward sociation, and International Bar Association. ing/Scanner Accuracy law for Erie County, to with this historic election despite pressure Among his professional honors, Professor ensure that prices consumers were charged from communist China in the face of the re- Rohwer belongs to the Order of the Coif, was for goods were properly reflecting prices on cently passed so-called ‘‘anti-secession law.’’ named an Amicus Lex Scholar in 1982, and Again, I congratulate the people of Taiwan was the University of the Pacific Professor of store shelves. Through Ray’s work, scanners on this National Day, and I hope that this im- the Year in 1981. in supermarkets, home centers and other retail portant national holiday will inspire the people In retirement, Claude plans to write a history stores that were estimated to be accurate only of Taiwan and their elected leaders of all par- of McGeorge. In addition to spending time with 50 percent to 70 percent of the time must now ties to work together to preserve the future of his wife, children and grandchildren, he also offer consumers 98 percent accuracy. In addi- Taiwan. intends to continue singing bass with the West tion, Ray will always be remembered as the Valley Chorale and pursuing the love of hunt- ‘‘Coupon King’’ for his successful fight against f ing he inherited from his own father. the Proctor & Gamble Corporation’s attempt to CONGRATULATIONS TO MR. Mr. Speaker, I take great pleasure in com- deny local shoppers free access to manufac- CLAUDE M. ROHWER mending Professor Claude Rohwer for his out- turer’s coupons. Ray fought hard for con- standing service to our country as a member sumers, residents and taxpayers as Vice HON. JOHN T. DOOLITTLE of the Armed Forces, an able attorney, and a Chairman of the Legislature’s Public Safety OF CALIFORNIA career educator. After all that has been said Committee, and as Chairman of two legislative IN THE HOUSE OF REPRESENTATIVES about him, he is simply a good and decent standing committees, the Government Affairs man, and I am personally thankful for his guid- Committee and the Energy and Environment Thursday, October 6, 2005 ance and instruction he has provided to me Committee. Mr. DOOLITTLE. Mr. Speaker, today I wish and countless other students of the law. May Ray Dusza added one more very important to express warm thanks and congratulations to he enjoy this next phase of life with the satis- element to his service in County Hall: a robust Mr. Claude M. Rohwer, upon his retirement as faction of knowing he has had a tremendous sense of humor. Ray’s philosophy was to ‘‘be Associate Dean of the University of the influence on the profession he loves. serious about what you do, but don’t take Pacific’s McGeorge School of Law. After near- f yourself too seriously,’’ and he was indeed ly four and a half decades of service as a pro- good to his word. Ray always added a re- fessor, he now concludes a stellar career in HONORING RETIRING ERIE COUN- freshing sense of humor to the deliberations academia. TY LEGISLATOR RAYMOND K. within County Hall, consistently entering com- A native of Dixon, California, Claude grew DUSZA mittee meetings with the declaration that ‘‘the up raising pigs on his family’s Sacramento paratroopers have landed,’’ and sarcastically Valley farm. He received his undergraduate HON. BRIAN HIGGINS questioning what time the perennially tardy education at the acclaimed University of Cali- OF NEW YORK ‘‘nine o’clock caucus’’ would begin. fornia at Berkeley, following which he earned IN THE HOUSE OF REPRESENTATIVES Ray’s dedication to his community was not his Juris Doctorate degree from Berkeley’s limited to his role in the Legislature. The fol- Boalt Hall School of Law in 1958. That same Thursday, October 6, 2005 lowing are just a few of the organizations Ray year, he began service to his country in the Mr. HIGGINS. Mr. Speaker, I rise today to has dedicated his time and energy toward: the U.S. Air Force’s Judge Advocate General’s recognize a great labor leader, public official Fraternal Order of Eagles, Knights of Colum- Corps. and dear friend and colleague who at the end bus—Father Justin Council, Polish Falcons From 1960 to 1961, Claude was a Deputy of this year will retire from active public serv- Club, American Legion Gierlach Post, Depew/ Attorney General for the State of California. ice as a member of the Erie County Legisla- Cheektowaga Taxpayers’ Association,

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00177 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 EXTENSIONS OF REMARKS 22531 AMVETS Buddy Knaus Post, Catholic War tions by playing the upright bass in a traveling HONORING DR. TIPKINS HOOD, SR. Veterans Post 1313, the Ushers Society at St. jazz trio known as the Krazy Kats. Philip the Apostle Church, and St. Josephat’s His decision to enroll in Boalt Hall would HON. BARBARA LEE Parish Holy Name Society. In addition, Ray is prove to be a pivotal point in not only his ca- OF CALIFORNIA the leader of the eponymously-named ‘‘Ray IN THE HOUSE OF REPRESENTATIVES reer in law, but in his personal life as well. It Dusza Booster Club,’’ a grouping of political Thursday, October 6, 2005 supporters that Ray sentimentally refers to as was during his time at Boalt Hall that George his ‘‘commandos.’’ began dating Mary Alice Johnson, a student at Ms. LEE. Mr. Speaker, I rise today to honor Mr. Speaker, I am a lifelong resident of an- Mills College. They were married in December the extraordinary life and achievements of Dr. other great Western New York community— of 1952. Today, more than 50 years later, Tipkins Hood, Sr. of Oakland, California. Dr. South Buffalo, NY, and the highest com- George and Alice are the happy parents of Hood was a compassionate physician, devoted husband and father, a leading member pliment that folks can pay to someone from four children, Anne, Jennifer, John, and Paul, of our community and a wonderful friend. He South Buffalo is that they remember where and four grandchildren. they come from, and remember the people passed away on September 22, 2005 in Oak- George graduated from Boalt Hall 7th in his who sent them to serve in public office. Few land, California. Dr. Hood was born on December 15, 1936 public officials remember from whom and from class with an LLB degree. Upon graduation, in Camden, Texas, where he was the third of whence they came the way Ray Dusza does. George enrolled for a graduate degree in law nine children in a loving and close-knit family. I am delighted that you have allowed me to and spent a year studying at the Uppsala Uni- versity in Sweden. After returning to the A precocious child, he had an unsurpassed take a few moments to honor Ray’s service to zeal for learning, and throughout his primary United States in 1955, George began his new our community here today, and I am honored and secondary education he excelled in read- even more to call Ray Dusza my friend. To job at Downey, Brand, Seymour, and Rohwer ing, the sciences and mathematics. Grad- Ray, his wife Terry, to their children, grand- starting on September 20, 1955. uating early from high school, he enrolled at children and to the entire Dusza Family, I want While working, George wrote his Master’s Texas Southern University at age 15, earning to offer my sincere thanks, and my wishes of thesis and obtained his LLM degree from a Bachelor of Science in Pharmacy and later good luck and Godspeed for many years to Boalt Hall in 1956. graduating from Meharry Medical College in come. Nashville, Tennessee. f When George began his career at Downey In 1964, Dr. Hood married Ms. Ruth Starnes Brand in 1955, he was one of 8 lawyers in in St. Louis, Missouri. Sadly, Ruth passed A TRIBUTE TO GEORGE DONALD what would later become a 120-lawyer firm. BASYE away in 1978, but their union produced a son, For the first few years, George spent much of Tipkins Hood, Jr. A dedicated family man and his time doing probate work, but then began to hard-working student, Dr. Hood completed his HON. DORIS O. MATSUI focus his efforts on water law and flood control internship at Homer G. Philips Hospital in St. OF CALIFORNIA matters for clients such as Reclamation Dis- Louis, his general residency at Washington IN THE HOUSE OF REPRESENTATIVES tricts 537, 1000, 900 and 999, the California University, and his specialty orthopedic sur- Thursday, October 6, 2005 Central Valley Flood Control Association, and gery training in St. Louis at the University of Missouri and the nearby Veteran’s Administra- Ms. MATSUI. Mr. Speaker, today I rise to many mutual water companies. For the next 45 years, George’s knowledge and experience tion Hospital. honor George Donald Basye, a man who As a young doctor, Dr. Hood voluntarily through hard work and dedication has become in water and flood control law became expan- served from 1960 until 1970 in the United one of the most respected and accomplished sive, and George shaped much of the law in States Navy-Marine Corps, during which time water and flood attorneys in California. As his these areas through his position as General he was awarded the Bronze Star with Combat friends, family and colleagues gather to pay Counsel for the California Central Valley Flood V as well as a Meritorious Service Award for tribute to Mr. Basye’s remarkable 50-year ca- Control Association. serving above and beyond the call of duty. At reer with the Central Valley law firm of Dow- George also focused significant efforts on the end of his military service he was also ney Brand, I ask all of my colleagues to join making Sacramento and California a better awarded the Vietnamese Medal of Honor. me in saluting this great American success After completing his education and military place by acting in leadership positions for the story. service in 1970, Dr. Hood began his medical George was born on June 21, 1926 in California State Library Foundation, the Cali- practice in Oakland, California. After getting Porterville, California. After graduating from fornia Historical Foundation, the California His- his board certification in Orthopedic Surgery in high school in 1944, George served in the torical Society, the Sacramento Metropolitan 1974, he practiced for more than 35 years in U.S. Navy. As an enlisted sailor, George held YMCA, the Sacramento Symphony Associa- Oakland, contributing immeasurably to the the rank of Seaman Second Class Musician tion, the Crocker Art Museum Association, the health and well being of our entire community. Striker and performed in Navy dance bands. Sacramento YMCA Foundation, the California For close to 4 decades, he maintained an ex- Upon honorable discharge from the Navy in Capitol Historic Preservation Society, the Sac- tensive inpatient and outpatient practice, and August of 1946, George enrolled in the Col- ramento Trust for Historic Preservation, the treated a wide range of patients including chil- lege of the Pacific and graduated in February Pfund Family Foundation, and the Sacramento dren, adults, the elderly and low-income indi- of 1948 with a B.A. in Economics. After grad- Pioneer Association. viduals. Over the years, his medical expertise uation, George sought to expand his horizons benefited groups such as the Oakland Police and enrolled in a one-year graduate program Throughout an almost 50-year career, & Fire Retirement Association, the Oakland at the University of Stockholm in Sweden. George Basye has been acknowledged as Raiders and the Social Security Administra- Upon returning to the United States in 1949, one of the modern fathers of water and flood tion, as well as an untold number of individ- George took an aptitude test which suggested law in California. His years of commitment, uals and families who otherwise may not have that he was best suited for a career as a so- hard work, and dedication to the Central Val- had access to that kind of medical treatment. cial science teacher, not a lawyer. As a result, ley and the law firm of Downey Brand have Though Dr. Hood’s medical achievements he enrolled in the UCLA Graduate School of undeniably contributed to the firm’s amazing were extraordinary, his accomplishments and Education in the Spring of 1950 to take up a growth and positioning as one of the top law leadership extended far beyond the realm of career in teaching. However, it soon became practices in the region. medicine. Throughout his life he was involved clear to George that law was undoubtedly his in a variety of business, community and aca- true calling. It was in August of the following Mr. Speaker, as George’s friends, family demic endeavors, and supported a number of year that George applied and was admitted to and colleagues gather to celebrate his admi- important civic and political causes. He was a the new Boalt Hall School of Law at Berkeley. rable career, I am honored to pay tribute to tremendous asset to the late Mayor Lionel Wil- Although George was about to pursue a one of Sacramento’s most selfless and dedi- son of Oakland as well as to Congressman legal education, he could never truly abandon cated citizens. I ask all my colleagues to join Ron Dellums, and was one of my longtime his love of music. Thus, in a short stint before with me in wishing George Donald Basye con- and consistent supporters. For this, I am law school, he fulfilled one of his lifelong ambi- tinued success in all his future endeavors. deeply grateful.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00178 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22532 EXTENSIONS OF REMARKS October 6, 2005 Additionally, in what he considered to be Social consciousness infused her daily work should learn from Taiwan’s history of democ- one of his most important roles, Dr. Hood was as a lawyer. She knew she was fighting not ratization and that he would like to have direct a dedicated and lifelong member of the Board only for just compensation for her clients, she talks with China’s President without any prior of Trustees at his medical alma mater, was trying to save their lives from being sac- conditions. I hope President Hu will take up Meharry Medical College. A deeply spiritual rificed upon the altars of modern industrial so- President Chen’s offer and move toward per- person, Dr. Hood was also a longtime member ciety. manent peace in the Taiwan Strait based on of Downs Memorial United Methodist Church They came to Esther on crutches, wearing personal freedom and individual liberty. in Oakland, California. arm slings, with eye patches and bandages of Mr. Speaker, President Chen is a man of In 1981, Dr. Hood married Ms. Carol H. Wil- every sort from their encounters with the haz- peace. For the good of his country and his liams, and together they raised two children, ards of the workplace. They came to her office people, he has been pleading with Chinese Tipkins Hood, Jr. and Carol Henny Hood, Jr. as pilgrims, migrants to a sacred place, seek- leaders to resume talks over cross-strait dis- Their life together was enriched by their devo- ing a miracle that would save their lives. Again putes. In the meantime, President Chen has tion to each other, and they delighted in the and again Esther gave them hope, through been asking the international community, to arrival of a grandson, Tipkins Milton Hood. Dr. honest and aggressive representation. set up a mechanism to ensure that there Hood enjoyed sharing his love of travel, fish- In addition to her advocacy in the courts, would not be unnecessary military conflicts ing and cooking with his family and friends, Esther actively participated in the electoral over the Taiwan Strait. I believe that the and took every opportunity to spend time with system. She rallied other attorneys, labor lead- United States should, at the very least, con- them. His dedication to his family was unsur- ers, and voters to protect the rights of workers tinue to impress upon the Chinese that we will passed, and throughout his life his loved ones and advance social justice at the ballot box. uphold our commitment and defend Taiwan if brought him great joy. Her legacy includes preserving Ohio’s legal it is attacked without provocation. As a close personal friend since the early protections for injured workers in the popular On Taiwan’s National Day, I join my col- 1970s, I benefited from Tip’s advice, keen in- defeat of the anti-worker ballot initiative known leagues in congratulating the Taiwanese peo- tellect and remarkable wisdom. He was a as Issue 2, in 1997. ple. We deeply appreciate our common bonds ‘‘wise man,’’ yet he had a lot of heart. For ex- Esther’s was the cause of human dignity. and friendship with them and look forward to ample, this summer he took the time to pro- Hers was the cause of economic justice. Hers strengthening our relationship in the future. vide his medical insights to one of my family was the cause of worker rights. Hers was the f members who had also been his patient many cause of the safe workplace. Hers was the years ago. Not only did he give his best think- cause of just compensation for injured work- TRIBUTE TO TAIWAN ing regarding treatment options, but he also ers. Hers was the cause of advocating for gave reassurances to call and visit every day those too hurt, those too poor, those too weak HON. DONALD M. PAYNE during recuperation. Tip comforted those who to advocate for themselves. OF NEW JERSEY needed comfort and always went beyond the Esther Weissman was the Joan of Arc of in- IN THE HOUSE OF REPRESENTATIVES call of duty. jured workers. Thursday, October 6, 2005 The last time I saw Tip was in my Wash- Again and again, holding up the banner of ington, DC office very recently. He cared worker rights, she fearlessly fought on behalf Mr. PAYNE. Mr. Speaker, I invite my col- about the aging and sick prison populations of her beloved workers, with every fiber of her leagues to join me in extending my congratu- and wanted to provide treatment facilities for being, with all of her resources, with her last lations to the people of Taiwan on the occa- the Federal and state penal institutions. Tip ounce of courage, to her last breath. sion of 94 years of progress. concluded this very intense meeting by plead- f In recent years, Taiwan has become a ing with the Federal prison officials to under- model society. It has excellent schools, out- stand that providing this treatment was the hu- CELEBRATE TAIWAN’S NATIONAL standing medical care, a strong economy, and mane way to treat these individuals. His com- DAY ON OCTOBER 10 many of its people enjoy one of the highest passion profoundly impacted everyone in the standards of living. Taiwan’s social welfare meeting, just as it had always impacted every- HON. PATRICK T. McHENRY programs have been laudable efforts to raise one who knew him. OF NORTH CAROLINA the standard of living for all. Moreover, Tai- Throughout his life, Dr. Hood ‘‘did it his IN THE HOUSE OF REPRESENTATIVES wan’s constitution guarantees its citizens basic civil liberties, including freedom of peaceful as- way.’’ He was a man for all seasons whose Thursday, October 6, 2005 wit, charm and brilliance will be forever re- sembly and association, freedom of speech membered. He will be greatly missed, but his Mr. MCHENRY. Mr. Speaker, the Republic and press, and freedom of religion. Taiwan’s legacy and his spirit will inspire us all, espe- of China (Taiwan) will celebrate its National full commitment to democracy and human cially young African American men, to soar to Day October 10, 2005. I wish to congratulate rights is commendable. heights unseen, and to do so in his memory. the President and the People of Taiwan on We are very appreciative of Taiwan’s com- Today Dr. Hood’s family and friends come this festive occasion. mitment to fight global terrorism, particularly together to celebrate his life and work, and the Taiwan is a small island with few natural re- by cooperating with our law enforcement immeasurable personal and professional im- sources, yet it has prospered because of the agencies in sharing intelligence and doing ev- pact he has had on all of us. On behalf of the opportunity provided by freedom and democ- erything possible to protect American interests 9th U.S. Congressional District of California, I racy. With one of the world’s largest foreign in Taiwan. We are also aware of Taiwan’s salute and thank Dr. Tipkins Hood, Sr. for his exchange reserves, its 23 million people enjoy contributions to the Twin Towers Fund, the invaluable contributions to the people of Oak- one of the highest standards of living in the Pentagon Memorial Fund and to the victims of land, the 9th Congressional District, the State world. Politically, Taiwan is a full democracy, Hurricane Katrina. of California and our entire country. with free elections and a free press. Taiwan We wish the 23 million people of Taiwan f fully embraces the values of economic liberal- continued progress and prosperity. ization, democracy, rule of law, and respect f IN MEMORY OF ESTHER for human rights. WEISSMAN Taiwan President Chen Shui-bian recently HONORING CAVION JAMIK stopped in Miami, Florida en route to Central HOLLOWAY HON. DENNIS J. KUCINICH America. Through a teleconference, President OF OHIO Chen was honored by the Congressional HON. DEVIN NUNES IN THE HOUSE OF REPRESENTATIVES Human Rights Caucus in recognition of OF CALIFORNIA Chen’s life-long campaign to promote and IN THE HOUSE OF REPRESENTATIVES Thursday, October 6, 2005 safeguard human rights not only in Taiwan but Mr. KUCINICH. Mr. Speaker, Esther also in other parts of the world. In his tele- Thursday, October 6, 2005 Weissman understood with all her heart that conference, President Chen told Congres- Mr. NUNES. Mr. Speaker, I rise today with the cause of injured workers is one of soci- sional members that Taiwan’s democratic de- a heavy heart to pay tribute to a courageous ety’s great moral callings. velopment is irreversible, that China could and person—a giant among men—that touched

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00179 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 EXTENSIONS OF REMARKS 22533 many lives in the short seven years he was CONGRATULATING DR. JOHN HALL RECOGNIZING JUDITH LAPP OF with us. FOR WINNING THE 2005 NOBEL INVERNESS, FLORIDA Cavion Jamik Holloway slipped the surly PRIZE FOR PHYSICS bonds of this earth on the wings of angels to HON. GINNY BROWN-WAITE the heavens above on September 28th 2005 OF FLORIDA in Omaha, Nebraska. This is a boy who never HON. MARK UDALL IN THE HOUSE OF REPRESENTATIVES gave up and had the courage of a lion, the fe- OF COLORADO Thursday, October 6, 2005 rocity of a bear, and the tenderness of a dove IN THE HOUSE OF REPRESENTATIVES to fight the scourge of leukemia until it over- Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I rise today to recognize Judith Lapp came his body—not his soul. Thursday, October 6, 2005 of Inverness, Florida. Mrs. Lapp was recently Cavion is survived by a loving mother, Mr. UDALL of Colorado. Mr. Speaker, I rise honored as ‘‘The Most Admired Mother in All Danielle Holloway, a devout father, Billy Hollo- today to note the tremendous accomplishment of Citrus County’’ by the Citrus Altrusa Club, way and four compassionate grandparents, of one of my constituents. The Royal Swedish as well as the Citrus County Chronicle. Americo and Mary Flaiban of Bohemia, New Academy of Science awarded the Nobel Prize Born and raised in Buffalo, New York, Mrs. York and Billy and Anne Holloway of Warner for Physics to Dr. John Hall of Boulder, Colo- Lapp married her husband Roger in 1956. Robins, Georgia. rado. Dr. Hall and Dr. Theodor Haensch of After Roger was drafted into the U.S. Army, For over a year, Cavion went toe-to-toe with Munich, Germany won the Nobel Prize for the the Lapps moved to Fort Benning, Georgia for a disease that ravages the body and demor- development of a laser-based precision spec- his military service. In 1963, Mrs. Lapp and alizes the soul. Despite this overwhelming troscopy. her husband moved to Clearwater, Florida to challenge, Cavion stood tall with a smile on start a family. Sadly, only four months after Dr. Hall is a JILA fellow at the University of his face and faith in his heart that he would their first son Eric was born, he had an ex- Colorado and a senior scientist with the Na- win this battle and return to a life free of doc- tremely serious seizure that changed the tional Institute of Standards and Technology’s tors, needles and hospital rooms. With the Lapps’ lives forever. (NIST) Quantum Physics Division. Dr. Hall has total dedication of his parents, Cavion knew The seizure, which was caused by an en- received a series of awards in his distin- that courage, conviction, and faith would be cephalitis outbreak, left Eric with epilepsy, cer- guished career, including the Department of his partners on the journey to a life free of this ebral palsy, and mental retardation. When Ju- Commerce Gold Medal on three separate oc- disease. Unfortunately, his body succumbed to dith first began to deal with the challenges of the challenges his brain refused to accept. casions in 1969, 1974, and 2002. He also be- a disabled son, she found that there were few Simply put—Cavion never quit! came a member of the National Academy of programs in the region that dealt with disabled Sciences in 1984. and handicapped children. Spurred to action, Now in the heavens above, Cavion is In 1999, Dr. Haensch made a discovery that Judith served on the board of both the Chris- charged with the duty of serving our Heavenly tian Care Foundation for the Mentally Re- Father by looking over the family that survived lasers with short pulses could be used to measure optical frequencies in cesium clocks. tarded and the Isaiah Foundation. Her work on him. To quote one of the many well wishers these charitable organizations improved res- who left notes for Cavion and his parents, Through this the optical frequency comb technique that is based on the evenly distributed pite care for the handicapped throughout Flor- ‘‘Cavion will sing to you in the wind; he will ida. call to you from your dreams; he will walk be- frequencies that appear like the teeth of a comb was developed. While the distance be- One of the most successful fundraisers Ju- side you and whisper in your ears—he will al- dith organized was for the Upper Pinellas ways be there with you.’’ tween frequencies can be defined through this technique, it did not determine the absolute County Florida Association for Retarded Citi- During this fight, Cavion had help from value of the frequency. In 2000, Dr. Hall de- zens. Called ‘‘Favorite Recipes from Famous many compassionate folks around this coun- veloped a simple formula to determine fre- People,’’ Judith was able to obtain recipies try. I would like to take this opportunity to ex- quency displacement, thus stabilizing the fre- from the likes of Jackie Kennedy, Patricia press a special thanks to the medical profes- quency. Haensch and Hall worked together to Nixon, and Mamie Eisenhower. sionals that never gave up and were con- develop an instrument that currently has wide While Eric is now grown and well cared for, stantly a source of encouragement and com- commercial use. Judith has shouldered burdens of her own. passion for Cavion and his parents. I would She has successfully battled cancer twice, all like to specifically thank the staff of the Univer- This instrument can measure frequencies while being an incredibly supportive figure for sity of New Mexico’s Pediatric Oncology De- with an accuracy of fifteen digits. Their work her entire family. partment, especially Dr. Jeff Hanrahan, aka has wide ranging application that can improve Mr. Speaker, Judith Lapp is a courageous, ‘‘The Commissioner of the Albuquerque Chap- communication and animation technology, and giving woman. She is a role model for the enter of Hoccerball’’ and their counterparts at the potentially benefit navigation for spacecraft. tire Citrus County community, and deserves University of Nebraska’s Medical Center, spe- Their work also can enable the study of sta- recognition for her service to the handicapped cifically Dr. Bruce Gordon, aka ‘‘Doc Holly- bility of constants of nature over time, improve and disabled community, her son Eric, and to wood’’. Global Positioning System, and develop more her family. accurate clocks. Finally, I would be remiss if I did not men- f tion the fact that each one of us has an oppor- It is clear that their discoveries have opened NATIONAL FORESTS REHABILITA- tunity to help champions like Cavion have a doors into many sectors of research and in- TION AND RECOVERY ACT OF fighting chance at life. I would like to encour- dustries. The potential for new knowledge is 2005 age every eligible person to enroll themselves vast and wide ranging. NIST, JILA, and the in the the National Marrow Donor Program. University of Colorado can now boast three This program helps people who need a life- Nobel Laureates, which is testament to the HON. TOM UDALL saving marrow or blood cell transplant. The groundbreaking and vital research being per- OF NEW MEXICO program connects patients, doctors, donors formed at these institutions. I am honored that IN THE HOUSE OF REPRESENTATIVES and researchers to resources they need to these facilities are located within the Second Thursday, October 6, 2005 help folks live longer, healthier lives. Congressional District, and particularly hon- Mr. UDALL of New Mexico. Mr. Speaker, As the days move on, all who knew Cavion ored that Dr. Hall has chosen to perform this today I am introducing legislation to authorize will work to lift their hearts and souls to carry research in Colorado. He is an asset to our the Forest Service and Bureau of Land Man- on with life. In doing this, we will continue to scientific community, and is an inspiration for agement to carry out five collaboratively cre- cherish his memory; we will point to his self- many young people who may want to pursue ated pilot projects dealing with post-disturb- less example; we will aspire to his bravery; their interests in science. ance rehabilitation. and we will carry on in a world that is better I, again, congratulate Dr. Hall on his remark- For those communities that remain at risk for knowing him. May God bless his soul and able achievement and the honor that has been from wildland fire or other disturbances, it is the family he is charged to protect. bestowed upon him. important to consider, in advance, scenarios

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00180 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22534 EXTENSIONS OF REMARKS October 6, 2005 for rehabilitation should a wildland fire, insect PERSONAL EXPLANATION IN HONOR OF GARY ANUND infestation, hurricane, or other disturbance KNUTSON event occur. The National Forests Rehabilita- tion and Recovery Act does just that—this leg- HON. EARL BLUMENAUER islation promotes pro-active planning and col- HON. SAM FARR OF OREGON laboration to accelerate the approval of reha- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES bilitation projects following uncharacteristic dis- IN THE HOUSE OF REPRESENTATIVES turbance events. Thursday, October 6, 2005 The National Forests Rehabilitation and Re- Thursday, October 6, 2005 covery Act will create five pilot projects for Mr. BLUMENAUER. Mr. Speaker, had I Mr. FARR. Mr. Speaker, I rise today to post-disturbance rehabilitation. Federal forest been present for the following vote on Tues- honor and thank Gary Anund Knutson, a dedi- land communities can apply to participate in day, September 27 and Wednesday, Sep- cated public servant. Mr. Knutson, County the pilot program by meeting a number of dif- tember 28, 2005, I would have voted as fol- Auditor-Controller of Santa Cruz, will retire ferent criteria, with specific consideration given lows: after 35 years of public service, 19 of which to communities that have a proven track were spent as the County Auditor-Controller. record of working in a collaborative manner to Rollcall vote 501: I would have voted ‘‘aye’’ Mr. Knutson will be retiring on December 30, resolve natural resource issues. on the Department of Justice Authorization 2005, bringing an end to nearly four decades This bill includes independent, third-party Act, H.R. 3402. Despite passage of the Man- of outstanding service. monitoring of the forest areas following reha- ager’s amendment, this bill does ensure that Mr. Knutson, who has spent a great deal of bilitation operations to track the short-term and programs which help prevent violence and as- time maintaining a great working environment long-term impacts of logging, replanting, sist survivors are continued. I also support in his office, has decided to pursue other am- stream restoration, road removal, or other re- provisions in this bill that help local commu- bitions. His retirement will be enjoyed spend- habilitation activities. The legislation further nities with additional resources to provide bet- ing time on other personal activities. Mr. creates a National Oversight Committee of sci- ter support and security to victims of domestic Knutson has done an exceptional job and his entists to provide scientific and socioeconomic violence. service is truly appreciated. monitoring and evaluation of the pilot program. Mr. Speaker, when he retires, Gary Anund The National Oversight Committee will submit Rollcall vote 500: I would have voted ‘‘aye’’ Knutson will be leaving behind 35 years of ex- reports to Congress on the short and long- on the Democratic Motion to Recommit, of- cellence and professionalism. I applaud Mr. term results of the pilot project. The results of fered by Representative STUPAK, which would Knutson for his work and contributions. He this report will allow Congress to make the have given the Justice Department authority to has left a lasting impact on his community, most informed decisions on post-disturbance prosecute oil companies engaged in price and we would like to wish him well in his up- rehabilitation in the future. gouging. coming retirement. Community collaboration has shown great Rollcall vote 499: I would have voted ‘‘nay’’ promise in resolving controversial issues be- on the Managers Amendment offered by Rep- f fore Federal agencies. While I reserved con- resentative SENSENBRENNER. The amendment cerns with the Healthy Forests Restoration Act ON THE OCCASION OF TAIWAN’S significantly weakens the bill’s emphasis on of 2003, Public law 108–148, one good that NATIONAL DAY OF CELEBRATION came out of the legislation is that it recognized domestic violence grant funding for commu- the promise in collaboration by encouraging nities of color. Racial and ethnic minorities al- the development of community wildfire protec- ready face complex issues in reporting and HON. G. K. BUTTERFIELD tion plans. These plans have allowed commu- accessing assistance for domestic violence; OF NORTH CAROLINA nities across the country to work in a collabo- we cannot shortchange this population. IN THE HOUSE OF REPRESENTATIVES rative manner to resolve natural resource Rollcall vote 498: I would have voted ‘‘nay’’ issues concerning wildfire protection. on the Rule for consideration of H.R. 3402, Thursday, October 6, 2005 There is no doubt that an ounce of preven- because it did not allow for consideration of Mr. BUTTERFIELD. Mr. Speaker, the Re- tion is worth a pound of cure. When Congress many important Democratic and bipartisan public of China (Taiwan) will be celebrating its passed the Healthy Forests Restoration Act of amendments. National Day this October 10, and I wish to 2003, Congress clearly recognized the priority express my congratulations to Taiwan Presi- of preventing wildfires through active thinning Rollcall vote 497: I would have voted ‘‘aye’’ dent Chen Shuibian and the people of Taiwan. of Federal lands in the wildland-urban inter- on the Motion to Instruct Conferees on H.R. face. It is just common sense that we need to 2360, offered by Representative SABO, which Over the years, Taiwan and the United invest more on the front end in the name of would have prevented the reorganization of States have enjoyed strong trading relations. fire prevention to avert major spending the Department of Homeland Security from Trade between our two countries have been growing steadily. As a member of the House postfire. further weakening federal emergency pre- Agriculture Committee, I notice that Taiwan is While I believe that there were inadequacies paredness capability. one of our best buyers of agricultural products with the Healthy Forests Restoration Act, I do Rollcall vote 496: I would have voted ‘‘aye’’ and services. Last month, Taiwan sent an ag- believe that we are being penny wise and on H. Con. Res. 209, supporting the goals and ricultural goodwill mission to the United States pound foolish by cheating our budget for forest and it pledged to purchase more than three thinning. To date, forest thinning has not been ideals of Domestic Violence Awareness Month billions dollars worth of U.S. corn, wheat, soy- funded nearly to the level of what was Con- and expressing the sense of Congress that beans and hide in the next two years. I will gressionally authorized. This needs to improve Congress should raise awareness of domestic encourage farmers in my home state of North for the sake of protecting our communities and violence in the United States and its dev- Carolina to take advantage of Taiwan’s ‘‘Buy public lands. astating effects on families. American’’ program. Mr. Speaker, the National Forests Rehabili- Rollcall vote 495: I would have voted ‘‘aye’’ tation and Recovery Act represents a bal- Also, as a member of the Armed Services on H.R. 438, a bill to name a postal facility in Committee, I am hopeful that there will be per- anced and collaborative approach to post-dis- Berkeley, California, after Maudelle Shirek. turbance rehabilitation. I am pleased to intro- manent peace and stability in the Taiwan Ms. Shirek has provided a significant service Strait in the very near future. duce my legislation today with my colleagues to this country fighting against injustice, pov- ´ Mr. Speaker, I take this opportunity to praise Mr. NICK RAHALL and Mr. RAUL GRIJALVA. I erty, and housing discrimination. urge my other colleagues to support this bill the good work of Taiwan Representative so that we can promote a collaborative ap- Rollcall vote 494: I would have voted ‘‘aye’’ David Tawei Lee. He is a fine diplomat who proach to restoring forest ecosystem health on H.J. Res. 66, supporting the goals and has kept us informed and well briefed on all of and diversity following unusually intense dis- ideals of ‘‘Lights On Afterschool,’’ a national the latest developments in Taiwan. turbances. celebration of after-school programs. Happy Birthday to Taiwan.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00181 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 EXTENSIONS OF REMARKS 22535 RECOGNITION OF DR. KERRY As they gather in our Nation’s Capital for ceremony in the White House just a few days CLEGG their reunion this weekend, I offer my con- ago for his heroic and extraordinarily selfless gratulations on behalf this body and ask all of acts during the Korean War. His story is inspi- HON. HOWARD P. ‘‘BUCK’’ McKEON my colleagues to welcome them back to the rational and his deeds are stirring and should OF CALIFORNIA hallowed halls of Congress. be known by all Americans. IN THE HOUSE OF REPRESENTATIVES f Mr. Rubin was born between the First and Thursday, October 6, 2005 Second World Wars in Paszto, Hungary, a HONORING NATIONAL SCHOOL small Jewish village of only 120 people in Mr. MCKEON. Mr. Speaker, I rise to recog- LUNCH WEEK 1929. At age 13, he was shipped to the nize Dr. Kerry Clegg, a school board member Mauthausen concentration camp in Austria, for the Sulphur Springs Union Elementary HON. JOHN A. BOEHNER where he spent 14 months. When he was lib- School District in my district, for his service as OF OHIO erated by American troops, he was starving the 2004–2005 President of the California IN THE HOUSE OF REPRESENTATIVES and on the brink of death. Although Tibor sur- School Boards Association. vived, both his parents and two of his sisters As a sixteen year member of the Sulphur Thursday, October 6, 2005 perished in the Holocaust. Springs Union Elementary School District Mr. BOEHNER. Mr. Speaker, it is with great Mr. Speaker, Tibor Rubin immigrated to board of trustees, Dr. Clegg served three pleasure that I recognize National School New York in 1948 where he worked first as a terms as president. In addition, Dr. Clegg Lunch Week. This year, the event is being shoemaker and later as a butcher. When he served as president and secretary-treasurer held during the week of October 10–14, 2005. for the Santa Clarita Valley School Trustees attempted to enter the U.S. Army butcher’s In honor of this event, I would like to take a Association. school in 1949, he was denied admission after His contributions to the California School moment to share with you a few facts relating failing the English test, but in 1950 he passed. Boards Association have distinguished him as to the National School Lunch Program: By July of that year, he was assigned to the instrumental in answering the needs of Cali- President Harry Truman established the Na- infantry and stationed on the front lines in fornia schools. In addition to his role as presi- tional School Lunch Program in 1946 in re- Korea. Mr. Rubin volunteered for missions that dent this past year, Dr. Clegg served as a rep- sponse to the large number of World War II no one else would undertake. On one occa- resentative in CSBA’s Delegate Assembly and recruits that were rejected due to malnutrition. sion, he secured the retreat route for his com- as an active member of CSBA’s Board of Di- Today, the school lunch program serves pany by single-handedly defending a hill for 24 rectors for four years. Among Dr. Clegg’s fur- more than 28 million students each day. hours against waves of North Korean soldiers. ther contributions to the CSBA are his roles on Just over half of those students who partici- In October 1950 a massive Chinese attack CSBA’s Budget Committee, Nominating Com- pate in the school lunch program receive their was mounted across the border into North mittee, Policy Platform Committee, Federal lunch free or at a reduced cost. Korea. The offensive surprised Americans Issues Council, K-Higher Education Remedi- Over 92 percent of all students nationwide troops, including Tibor Rubin’s unit. After most ation Task Force, and as a site validator for have access to school lunch and about 58 of his regiment had been wiped out and he CSBA’s Golden Bell Awards. In 2004, Dr. percent of those students participate on a was severely wounded, he was captured and Clegg also chaired CSBA’s Legislative Com- given day. spent the next 30 months in a prisoner of war mittee, and this year, he is chairing the Joint The school lunch program operates in 99 camp. The Chinese offered him food and a Task Force on Science, the Education Legal percent of all public schools and 85 percent of chance to go back to Hungary throughout his Alliance Steering Committee, and the Super- private schools. That’s a total of 99,538 public ordeal, but he refused to leave his American intendents Council. His contributions are cur- and non-profit private schools. brothers. Mr. Rubin would sneak out of the his rently reaching a national level as he serves The National School Lunch Program is the prison every night and steal food from Chi- as a delegate to the National School Boards largest of the federal child nutrition programs nese and North Korean supply depots and Association. both in terms of spending and children served. feed the rest of his fellow POWs with the food Dr. Kerry Clegg graduated from the Univer- In fiscal year 2005, $6.8 billion was appro- he found. His fellow prisoners felt that he sin- sity of California, Los Angeles with a doctorate priated for the school lunch program. gle-handedly kept 35 men alive. in Biology. Outside of his California School For some children, a school lunch is the He became an American citizen after return- Boards Association duties, Dr. Clegg is a bio- only healthy meal they eat all day. School ing from Korea in 1953. Tibor was found to be logical research manager for Sepulveda Re- lunches can contribute positively to children’s 100 percent disabled by his war-time injuries search Corporation, and is also the CEO of a health, and can improve academic perform- by the Veterans Administration. He tried to re- local Federal Credit Union. He and his wife, ance by increasing children’s learning capacity turn to his profession as a butcher, but his in- Rosanna, have five children. and lengthening their attention spans. The Na- juries prevented that. Today, Mr. Rubin lives in Mr. Speaker, I ask my colleagues to join me tional School Lunch Program plays an impor- Garden Grove, California, with his wife of 42 in thanking Dr. Kerry Clegg for his service to tant role in protecting the health and well- years, Yvonne, a Dutch Holocaust survivor, the Sulphur Springs Union Elementary School being of many of the nation’s school-age chil- and they have two children—a son, Frank, an District and for his service as president of the dren. Air Force veteran, and a daughter, Rosalyn. California School Boards Association. I commend the nation’s dedicated edu- Mr. Speaker, for his outstanding military f cators, food service professionals, and most of service, Tibor Rubin was recommended four CONGRATULATIONS TO THE all, parents who work to ensure the ongoing times for the Congressional Medal of Honor by UNITED STATES CAPITOL PAGE success of the National School Lunch Pro- his commanding officers and comrades, twice SCHOOL CLASS OF 1981 ON THEIR gram, and to ensure that children have access for the Distinguished Service Cross and twice REUNION to nutritious and balanced meals at school. for the Silver Star—but he did not receive any f of these honors, though he did receive two Purple Hearts. Tibor’s immediate superiors HON. MICHAEL E. CAPUANO A TRIBUTE TO TIBOR (TED) recommended him for the Medal of Honor, but OF MASSACHUSETTS RUBIN—RECIPIENT OF THE CON- before the paperwork could be processed IN THE HOUSE OF REPRESENTATIVES GRESSIONAL MEDAL OF HONOR these officers were killed, and a sergeant who Thursday, October 6, 2005 might have sent the papers up refused to do Mr. CAPUANO. Mr. Speaker, it is great TOM LANTOS so because Tibor was Jewish. ‘‘Not on my pride that I rise to congratulate the United OF CALIFORNIA watch,’’ he reportedly said. States Capitol Page School Class of 1981 on IN THE HOUSE OF REPRESENTATIVES Because of his remarkable bravery and their upcoming 25th anniversary. The Class of courage in Korea, private bills were introduced Thursday, October 6, 2005 1981 served the Congress honorably both in in the Congress on a number of occasions to this chamber and in the other body. Mr. LANTOS. Mr. Speaker, I invite my col- give him the honor he deserved. Finally, just Over the past 25 years these young men leagues to join me today in paying tribute to a few days ago, the long-delayed but richly- and women have started families and become Tibor (Ted) Rubin, who received the Medal of deserved Medal of Honor was presented to leaders in our society. Honor from President George W. Bush at a Tibor Ruben by the President.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00182 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22536 EXTENSIONS OF REMARKS October 6, 2005 Mr. Speaker, I invite my colleagues to join houses and equipment. Within a short time, lease of some 400,000 former slaves into full me in paying tribute to the heroism of Ted they had control over settlements and commu- freedom. On that day, a clear message was Ruben, and extending to him our gratitude for nications in virtually all the western end of the sent to the world that, as children of a Com- mon Creator, no one could rightly, justly or his service to our country—service that was island. This 10 day rebellion mobilized some morally be the property of another. well above and beyond the call of duty. 60,000 slaves, numbers that quickly got the The assertive character of Jamaican has f attention of Parliament. never allowed us to sit idly by and allow that With the possibility of a general uprising part of our history to be either forgotten or WHAT EMANCIPATION MEANS TO looming, the idea of abolishing slavery was ignored. It is our solemn duty to secure the JAMAICA once again proposed to Parliament. In 1833, it gains won by the invincibility of the human decided that slavery was no longer an effec- spirit against such great odds with pas- tive economic system. The Emancipation Act sionate and loving care. HON. CHARLES B. RANGEL We are about to celebrate yet again that OF NEW YORK of 1834 declared that all enslaved peoples freedom which set hundreds of thousands of IN THE HOUSE OF REPRESENTATIVES under the age of six and those born after the our ancestors free and to give the society Thursday, October 6, 2005 enactment of the bill were legally free. Those they were to inherit, as free men and free who were older were forced to become ap- women, the capacity to become civil, toler- Mr. RANGEL. Mr. Speaker, I rise today in prenticed to their former masters up until Au- ant and enduringly humane. recognition of the 167th anniversary of Jamai- gust 1, 1838, after which they would be free. The great Haitian leader, Touissant can Emancipation, established on August 1, Indeed, in 1838 all those who were once l’Ouverture in his memorable reply to the President of France, the colonial ruler as- 1838. enslaved were made free. On August 1, 1838, when the enslaved Ja- serted (and I quote) ‘‘It is not a circumstan- Emancipation Day is celebrated across the tial liberty conceded to us that we wish, but maicans found out that they were freed, tears island within churches and town squares the unequivocal adoption of the principle flowed incessantly, while shouts of freedom where there are a variety of all night vigils that that no man whether he is born red, black or rang from every direction. The sentiment of take place. Then at midnight, there is a nation white can become the property of his fellow the day was jubilance; however, there was an wide celebration of drumming, pealing of bells, man’’. underlying reverence for the freedom of hun- and much more which carry on into the dawn It is that spirit of determination to effect dreds of thousands enslaved men, women, of the ‘‘First of August’’. All this is done to sim- human equity and equality for which we here and children. They had been freed from the in Jamaica have struggled, regardless of ulate or re-create the atmosphere that existed race, colour, political affiliation or creed. oppressive social and economic system to during that morning when slavery was abol- The celebration of August First, then, re- which they had been subjected to for genera- ished. The celebration of Emancipation Day is mains an important observance for all who tions. of the utmost importance to the historical in- inhabit this land of ours. Today’s challenges Similar to the Quakers in the United States, tegrity of Jamaica. It not only pays homage to may appear formidable. But the fact that our the Quakers of Jamaica were very instru- those millions of Africans that were subjected forebears could overcome the greatest hard- mental in aiding the fight for the abolition of to one of the worst crimes against humanity, ship of all—that of being enslaved—is cause enough, both for hope and for the strength- slavery. Many of them started campaigns it provides a historical foundation for the coun- against the slave system, one of which was ening of our resolve, to overcome every ob- try to evolve from. As Rev. Dr. Burchell K. stacle. led by the ‘‘Society for Effecting the Abolition Taylor, Pastor of Bethel Baptist Church, states We dare not betray the trust placed in us of the Slave Trade’’. This community of aboli- ‘‘an event as significant as the Emancipation who have come after the generation of 1838. tionists believed that slavery was against the of our people from slavery and all it signifies We must never give up the fight to become will of God and a denial of civilization. Free- in terms of human cruelty, suffering, sacrifice, the self-directed, liberated human beings we dom and only freedom was and is the true folly, courage, deception, greed, triumph of the were created to be. natural state of man. The booming rise in the The abolition of slavery meant more than human spirit and faith and hope, cannot be al- the emancipation of the slaves. It also meant sugar industry quickly fostered economic ex- lowed to slip from our collective memory. the emancipation of those who held them in cuses in favor of slavery, which quashed the There are lessons to be learned that are of bondage, at least from the burden of callous- Quaker’s efforts within the 17th century. lasting value. Remembering Emancipation can ness and greed—factors that devalue human However, entrance into the 18th century, itself be an ongoing liberating experience.’’ life and desecrate any society intended to and the initial decline of the sugar industry I submit to you an editorial written by the nurture that life. ushered in much opportunity that encouraged Honorable P.J. Patterson, Prime Minister of So, let us again say thanks for that Eman- cipation which allowed thousands of others, a resurgence of the abolitionist movement Jamaica, found in the August 9th edition of the within Jamaica. In 1807, abolitionists gained whose descendants now call Jamaica CaribNews newspaper, addressing the people ‘‘home’’, to enter a free society. They were their first victory through the ‘‘Total and Imme- of Jamaica and the significant lessons that this still being exploited on contract during the diate Abolition of the Slave Trade’’ in the Brit- celebration brings with its 167th year. period of indentured labour, but at least ish Parliament, ending Jamaican involvement There are many lessons that we, the U.S., there were prescribed rules of engagement in the Trans Atlantic Slave Trade, cutting off can learn from Jamaica and its national and covering conditions of work. their human cargo from Africa and the influx of cultural acceptance of their past. We truly can- They bequeathed this precious legacy to more potential slaves. Meanwhile, enslaved not know where we as a country are headed our workers and their trade unions, to our Jamaicans were taking their freedom into their professionals and their staff associations, to unless we first recognize, reconcile and then our citizens and their right to choose their own hands through the many slave revolts celebrate our history, all of our history. Eman- leaders who hold power in trust on their be- staged across the island. The most famous re- cipation is a celebration that should not be re- half. It was this legacy which was to help volt took place a few days after Christmas in served for those who are descendants of guide us into Independence, another mile- 1831. Reverend Samuel Sharpe, who was a slaves and abolitionists. As the Prime Minister stone that we will observe in a few days. leader of a secret society of slaves, and is suggests, ‘‘the abolition of slavery meant more This legacy set us on the road to civil soci- today recognized as a national hero of Ja- than the emancipation of slaves. It also meant ety, democratic governance and peaceful co- maica, planned that the slaves should simply the emancipation of those who held them in existence. stop work, present their demand for freedom, Our Emancipation Day observance is bondage, at least from the burden of callous- therefore a fitting tribute to that legacy of and then hold fast in resistance until the de- ness and greed-factors that devalue human determination and inner strength which our mand was met, which was one of the first acts life and desecrate any society intended to nur- freedom-loving ancestors have given to pos- of organized civil disobedience, prior to our ture that life.’’ We too must engage in similar terity. modern day examples. However, the slaves reconciliatory celebrations and find strength in May I wish blessed and pleasant Emanci- still armed themselves, in case they needed to our past. pation Day to everyone! defend themselves, as of course they did. The (P.J. Patterson is Jamaica’s Prime Min- WHAT EMANCIPATION MEANS TO JAMAICA AND ister. The Emancipation Day Message was strike turned into a running series of fights, ITS PEOPLE read to hundreds of worshippers at a Thanks- which accumulated and spread, to over two (By P.J. Patterson) giving Service on Sunday afternoon at Han- hundred plantations. Slaves did not take the One hundred and sixty seven years ago, our son Place Central Methodist Church in initiative in attacking their white masters, but forebears gathered in churches all over this Brooklyn by Dr. Basil Bryan, Jamaica’s Con- they did systematically destroy plantation island (of Jamaica) to give thanks for the re- sul-General in New York).

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00183 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 EXTENSIONS OF REMARKS 22537 INTRODUCTION OF THE benefits of free trade with these oil-producing George and Virginia Arslanian were married AFFORDABLE GAS PRICE ACT nations. for 67 years. Mr. Arslanian, one hundred years Finally, the Affordable Gas Price Act creates young, continues to be the foundation, center HON. RON PAUL a Federal study on how the abandonment of and light of his family—a family that includes OF TEXAS the gold standard and the adoption of freely his three sons, seven grandchildren and twen- IN THE HOUSE OF REPRESENTATIVES floating currencies are affecting the price of ty great-grandchildren. oil. It is no coincidence that oil prices first be- His life-long devotion to his family and to his Thursday, October 6, 2005 came an issue shortly after President Nixon shop extends throughout the community, and Mr. PAUL. Mr. Speaker, I rise to introduce unilaterally severed the dollar’s last connection is evidenced within his strong faith and his the Affordable Gas Price Act. This legislation to gold. The system of fiat money makes con- dedication to preserving the history, faith and reduces gas prices by reforming government sumers vulnerable to inflation and to constant culture of Armenia. Mr. Arslanian continues to policies that artificially inflate the price of gas. fluctuations in the prices of essential goods be deeply involved with the Armenian Ortho- As I need not remind my colleagues, the such as oil. dox Church, and led the effort to establish St. American people have been hard hit in recent In conclusion, Mr. Speaker, I urge my col- Gregory of Narek Armenian Church. His un- months by skyrocketing gas prices. In some leagues to support the Affordable Gas Price wavering support for immigrant families and parts of the country, gas prices have risen to Act and end government policies that increase for the preservation of Armenian culture is re- as much as $4 per gallon. the cost of gasoline. flected in his long-time involvement with the This increase in the price of gas threatens f Armenian General Benevolent Union and the our already fragile economy and diminishes Tekeyan Cultural Society. the quality of life for all Americans. One indus- IN HONOR AND RECOGNITION OF Mr. Speaker and Colleagues, please join me try that is particularly hard hit is the trucking KEVORK ‘‘GEORGE’’ ARSLANIAN in honor and recognition of Mr. Kevork industry. The effects of high gas prices on the ‘‘George’’ Arslanian, whose brave heart, warm trucking industry will be reflected in increased HON. DENNIS J. KUCINICH smile and fascinating life continues to educate costs for numerous consumer goods, thus fur- OF OHIO and inspire those who know and love him well, ther harming American consumers. IN THE HOUSE OF REPRESENTATIVES especially his family and friends. Mr. Unfortunately, many proposals to address Arslanian’s life, outlined by hard work, integrity Thursday, October 6, 2005 the problem of higher energy prices involve in- and family, personifies the phrase ‘American creasing government interference in the mar- Mr. KUCINICH. Mr. Speaker, I rise today in citizen.’ ket through policies such as price controls. honor and recognition of Mr. Kevork ‘‘George’’ The remarkable story of the young Arslanian These big government solutions will, at best, Arslanian, loving family man, father, grand- brothers, their courageous journey and cre- prove ineffective and, at worst, bring back the father, great-grandfather and dear friend to ation of new lives in America, is the story of fuel shortages and gas lines of the seventies. many, as his friends and loved ones gather in the American immigrant, retold in a thousand Instead of expanding government, Congress honor and celebration of his 100th birthday. languages, connecting all of humanity by the should repeal Federal laws and policies that Mr. Arslanian’s life reflects a brilliant spec- will to survive and the promise of freedom and raise the price of gas, either directly through trum of survival, courage, tenacity, triumph, peace. The incredible journey of citizens such taxes or indirectly through regulations that dis- devotion to family and service to others. As a as Kevork ‘‘George’’ Arslanian is the strength courage the development of new fuel sources. young child, Mr. Arslanian and his two broth- and foundation of our country. In honor of Mr. This is why my legislation repeals the Federal ers became orphans. During WWI, 40 mem- Arslanian’s 100th birthday, we offer him an moratorium on offshore drilling and allows oil bers of the Arslanian family, including their fa- abundance of peace, health and happiness, exploration in the ANWR reserve in Alaska. ther and mother, were killed in the horrific Ar- and offer our gratitude to him for enriching our My bill also ensures that the National Environ- menian massacre by the Turkish military. The community and our nation. His great love for mental Policy Act’s environmental impact Armenian genocide resulted in the deaths of his family, community and for his beloved Ar- statement requirement will no longer be used 1.5 million Armenians. A Turkish neighbor hid menia, transcends time and distance, serving as a tool to force refiners to waste valuable the three boys in her home, saving their lives. as a bridge of goodwill, forever connecting time and capital on nuisance litigation. The Af- Soon after, they were sent to a Red Cross or- America to Armenia. fordable Gas Price Act also provides tax in- phanage in Syria, where they barely survived f centives to encourage investment in new refin- among 60,000 other orphans. eries. Throughout their years of struggle, Mr. Federal fuel taxes are a major part of gaso- Arslanian and his brothers remained focused TRIBUTE TO CATHOLIC CHARITIES line’s cost. The Affordable Gas Price Act sus- on the promise of a new life in America. They pends the Federal gasoline tax any time the left the Syrian orphanage and journeyed to HON. ZOE LOFGREN average gas prices exceeds $3 per gallon. Cuba, from where they had heard that entry OF CALIFORNIA During the suspension, the Federal Govern- into the U.S. would be easier. They soon dis- IN THE HOUSE OF REPRESENTATIVES ment will have a legal responsibility to ensure covered this was not the truth. The children the Federal highway trust fund remains fund- spent 5 years in Cuba, surviving with nothing Thursday, October 6, 2005 ed. My bill also raises the amount of mileage more than their own determination, courage Ms. ZOE LOFGREN of California. Mr. reimbursement not subject to taxes, and, dur- and the promise of reaching the shores of Speaker, I rise to acknowledge and commend ing times of high oil prices, provides the same America. In 1927, the boys, who had by now Catholic Charities, an organization that is cele- mileage reimbursement benefit to charity and become young men, made the escape out of brating 50 years of service to the Santa Clara medical organizations as provided to busi- Cuba as stowaways on a ship that delivered Valley community. nesses. them to a life of freedom, hope and possibility Catholic Charities strives to empower the Misguided and outdated trade policies are in America. working poor to move beyond basic subsist- also artificially raising the price of gas. For in- The Arslanian brothers settled with relatives ence to a state of meaningful, quality living by stance, even though Russia and Kazakhstan in Cleveland. Mr. Arslanian attended Miller encouraging economic, familial and emotional allow their citizens the right and opportunity to Barber College in Cleveland, where he initially stability. It does this by developing cultural emigrate, they are still subject to Jackson- honed the art of his trade without pay. He then programs, supplying educational resources Vanik sanctions, even though Jackson-Vanik earned twenty dollars a week for 25 cent hair about ailments affecting older adults, and pro- was a reaction to the Soviet Union’s highly re- cuts. He soon became a licensed barber—the viding all of its services in various languages. strictive emigration policy. Eliminating Jack- 11th in the State of Ohio, and in 1932, opened While born out of Catholic gospel values, son-Vanik’s threat of trade-restricting sanc- up his own shop in Garfield Heights. Six days Catholic Charities serves people of all beliefs, tions would increase the United States access a week for seventy-five years, Mr. Arslanian cultures, ethnicities and ages. The organiza- to oil supplies from non-Arab countries. Thus, worked in the shop with his brother, and con- tion’s mission is to create a more just and my bill terminates the application of title IV of tinued giving hair cuts until just a couple of compassionate community in which people of the Trade Act of 1974 to Russia and years ago. Together, Mr. Arslanian and his be- all cultures and beliefs can fully participate Kazakhstan, allowing Americans to enjoy the loved, late wife, Virginia, raised three sons. and thrive. They serve a diverse population

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00184 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22538 EXTENSIONS OF REMARKS October 6, 2005 from various ethnic backgrounds including Vi- many accomplishments, he has left his mark IN HONOR OF THE NATIONAL CON- etnamese, Chinese, Filipino, Mexican, Suda- through his tireless commitment to the devel- FERENCE OF STATE LEGISLA- nese and Bosnian people. The agency works opment and propagation of ‘‘cyber unionism’’ TURES LEADERSHIP INSTITUTE under the premise that the most effective way as a means of strengthening and improving to affect a person is to connect with them from communications within the labor movement. HON. JIM COSTA their personal, cultural perspective. As a published author on the subject, Mr. OF CALIFORNIA Catholic Charities integrates services ad- Katona blazed the trail for technological im- IN THE HOUSE OF REPRESENTATIVES dress the multiple factors that impact one’s provements including helping trade unionists ability to be self sufficient and stable. Because design, post and maintain Web pages, Web Thursday, October 6, 2005 these issues have an intergenerational impact, sites and e-mail magazines. Mr. COSTA. Mr. Speaker, I rise today to agency programs are geared across age Mr. Speaker, I ask the U.S. House of Rep- congratulate the National Conference of State groups to reach entire families. Their services resentatives to join me in thanking Mr. Thom- Legislatures Leadership Institute for 10 years include older adult programs, immigrant and as James Katona and his family for his dedi- of dedication and excellence in the formation refugee assistance, and housing programs. cation and service to the labor movement and of effective public policy makers. Over 300 The agency also offers employment, youth, fi- to the Office and Professional Employees State Legislators have participated in the nancial education and behavioral health serv- International Union, Local Union 512, AFL– Leadership Institute through its first 10 years. ices in addition to operating neighborhood CIO. Mr. Katona has more than earned his The National Conference of State Legisla- centers. place in Michigan’s Upper Peninsula Labor tures is a bi-partisan organization that serves I have worked with Catholic Charities for Hall of Fame for his commitment to his com- the legislators and staffs of the United States over twenty years, and I can tell you from first- munity and the labor movement. and its commonwealths and territories. NCSL hand experience that I am proud of the leader- provides research, technical assistance, and a ship, volunteers and network of supporters f forum in which policy makers can exchange whose dedication have built Catholic Charities ideas. into an integral part of the fabric of our local IN RECOGNITION OF HAROLD AND The primary goals of NCSL are to improve community. JUANITA BLAIR’S 57TH WEDDING the quality and effectiveness of state legisla- f ANNIVERSARY tures, to promote policy innovation and communication among state legislatures, and to INDUCTION OF THOMAS JAMES ensure state legislatures a strong, cohesive KATONA INTO THE UPPER PE- HON. JUANITA MILLENDER–McDONALD voice in the federal system. NINSULA LABOR HALL OF FAME OF CALIFORNIA The ideals of strong and effective leadership are the cornerstones upon which the NCSL IN THE HOUSE OF REPRESENTATIVES HON. BART STUPAK Leadership Institute was founded. Leadership OF MICHIGAN Thursday, October 6, 2005 is an essential ingredient of any legislature. IN THE HOUSE OF REPRESENTATIVES Moving beyond conflict and partisanship to Ms. MILLENDER-MCDONALD. Mr. Speaker, Thursday, October 6, 2005 meet the real needs of people is the funda- I rise to congratulate and honor Harold and mental test of legislative leadership. Mr. STUPAK. Mr. Speaker, I rise today to Juanita Blair who celebrated their 57th wed- The NCSL Leadership Institute seminars pay tribute to a leader who truly left his mark ding anniversary on September 15th. Harold foster lively discussions and provocative case on the labor movement in the Upper Peninsula and Juanita have been lifelong companions, studies, where promising leaders can explore of Michigan as well as throughout the United having literally grown up next door to each their common values and the future of the leg- States. Thomas James Katona has increased other in North Braddock, Pennsylvania. islature in a bi-partisan setting. union effectiveness by partnering the historic Their life together began when Harold asked Numerous State Legislators have attended strengths of labor unions with the innovation of Juanita out for a date on a dare during their the Leadership Institute in its 10 years of oper- technology. Mr. Katona’s induction into the high school years. Harold, who was 17 at the ation. The future of our government depends Upper Peninsula Labor Hall of Fame is war- time, was a star on the high school basketball on the quality and creativity of the men and ranted and deserved. team, while Juanita, at 15, was focused on her women who lead it and is imperative that we As a dedicated Staff Representative for the school studies. As a result, Juanita didn’t real- endorse programs that instill leadership quali- Office and Professional Employees Inter- ly take interest in him until after he had asked ties. On behalf of past, present and future national Union (O.P.E.I.U.), Local Union 512 her out. Legislators, I extend my continued support of the AFL–CIO and a proud member of the Because of America’s culture of segregation and appreciation of the NCSL Leadership In- Industrial Workers of the World (IWW), Mr. during the 1940s, Harold was denied a bas- stitute. Katona was a committed organizer of working ketball scholarship to any college, so he en- f people in the public and private sectors. He listed in the army, while Juanita attended col- HONORING THE MULTI-TALENTED has devoted himself to their cause of fair and lege in Maryland. just representation in the work place. SUGAR RAY ROBINSON After Harold was discharged from the Army, Mr. Katona has been on the forefront of they married on September 15, 1948. How- worker education by designing and delivering ever, because of their ages, they initially kept HON. CHARLES B. RANGEL labor education classes for employees and their marriage a secret from their families until OF NEW YORK staff. Always advocating for his membership, they moved to Detroit, Michigan where they IN THE HOUSE OF REPRESENTATIVES Mr. Katona was constantly arguing before the have lived since 1949. National Labor Relations Board, the Michigan Thursday, October 6, 2005 Employment Relations Commission and Ad- They have three beautiful children: Harold Mr. RANGEL. Mr. Speaker, I rise to recog- ministrative Law Judges. He served his larger Jr., Joseph and Lori, my daughter-in-law, and nize and honor the esteemed boxer Sugar community as a volunteer mediator for the five beautiful grandchildren. Juanita still wears Ray Robinson for his positive impact on the Delta County Resolution Services, UPCAP the original wedding ring that Harold gave her athletic world as one of the greatest boxers of and was an active member and participant in in 1948. And although over the years Harold all time, and to honor his service as a role the Association Conflict Resolution. has given Juanita newer and more expensive model with an extraordinary positive influence Mr. Katona has been described by his union rings as a show of his love and affection, Jua- on his community. Sugar Ray Robinson was a brothers and sisters as a great leader showing nita continues to wear the original ring that prime example of an American role model, a persistence and assertiveness as an advocate sealed their lifelong journey together. man from an era where blacks were seen and and problem solver for hIs union and fellow In celebration of their more than half a cen- treated as second class citizens and he fo- workers. Mr. Katona was a trusted labor and tury of devotion and love, I ask my colleagues cused on his talent in order to achieve great- community leader. in the House of Representatives to join me in ness, the story of a true hero. At a time when However, while Mr. Katona will always be honoring Harold and Juanita Blair as they cel- African American youth did not have African remembered by his colleagues and friends for ebrate their 57th wedding anniversary. American icons to idolize; Sugar Ray more

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00185 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 EXTENSIONS OF REMARKS 22539 than filled this void, by being an enormous INTRODUCTION OF THE NURSING (WIRE-Net) and the EDA, the City of Cleve- boxing influence to a variety of African Amer- HOME EMERGENCY ASSISTANCE land agreed to purchase West 67th Place for ican children, some of whom became Muham- ACT a nominal fee, making the street eligible for a mad Ali, and Sugar Ray Leonard whom even federal grant. The $1.2 million grant was the took Robinson’s nickname. He gave these HON. RON PAUL key to completing a $1.8 million infrastructure investment. This investment then leveraged kids something to believe in and something to OF TEXAS IN THE HOUSE OF REPRESENTATIVES $24.7 million in additional and proposed in- be proud of. Thursday, October 6, 2005 vestment in the immediate area, along with re- The phrase ‘‘pound for pound the best’’ was alizing 362 additional jobs. coined in honor of Sugar Ray’s boxing suc- Mr. PAUL. Mr. Speaker, I rise to introduce Building on the success of the West 67th the Nursing Home Emergency Assistance Act. cess, and has been used to reference suc- Place project, the SRO is currently under- This act makes private, for-profit nursing cessful boxers ever since. Walker ‘‘Sugar taking a Land Use Study of the West 65th homes eligible for the same federal aid as is Street, Denison Avenue & Ridge Road cor- Ray’’ Smith was born in Detroit, Michigan in currently available to public nursing homes. 1921. He began boxing as an amateur in New ridors in collaboration with WIRE-Net and with Under current federal law, only public nursing support from Councilmen Matthew Zone York City, where he quickly advanced to the homes may receive federal disaster assist- (Ward 17) and Kevin Kelley (Ward 16) and the professional circuit in 1940. New York has al- ance. However, hurricanes, tornadoes, and nearby City of Brooklyn, Ohio. ways been a tough city and to make it there earthquakes do not distinguish between pri- Mr. Speaker and distinguished colleagues, as Sugar Ray Robinson did, you have to be vate and public, or for-profit and not-for-profit, the success in Cleveland’s Stockyard neigh- among the best of the best. From 1946 to nursing homes. borhood proves that small federal investments 1951 he became the world welterweight cham- As I have recently seen in my district, all in our nation’s cities can be stretched and le- pion and the world middleweight title holder. nursing homes face unique challenges coping veraged to go a long way to help rebuild our with natural disasters and their aftermaths. It Sugar Ray’s athletic ability clearly outmatched cities. More of these opportunities must be is not fair to the taxpayers who work in, reside his opponents, fight after fight. A fierce com- made available. We must continue to rebuild in, or have entrusted the care of their loved the commercial, industrial, and residential petitor, Sugar Ray’s final record was an utterly ones to, a private nursing home that private amazing 174 wins, 109 of them being knock- bases of our nation’s cities like Cleveland and nursing homes are denied the same federal neighborhoods like the Stockyard, with the outs, and only 19 losses and 6 draws; this aid available to their public counterparts. Mr. help of federal investments like what we’ve being a remarkable testament to Sugar Ray’s Speaker, the Nursing Home Emergency As- seen successfully done in conjunction with the amazing athletic accomplishments within the sistance Act ensures all residents of nursing federal Economic Development Administration, boxing circuit. homes can benefit from federal disaster aid. I the City of Cleveland, and the Stockyard Re- encourage my colleagues to support this legis- Sugar Ray Robinson was a Renaissance development Organization. lation. man; he did not restrict himself to solely box- f f ing and athletics. He used his fame as keys to THE 75TH ANNIVERSARY OF THE IN RECOGNITION OF THE STOCK- experiment in the musical world and also act- JUSTICE STUDIES DEPARTMENT YARD REDEVELOPMENT ORGANI- ing. Nevertheless his fame is attributed to his AT SAN JOSE´ STATE UNIVER- ZATION remarkable achievements in his boxing. He SITY was one of the first athletic stars to cross over HON. DENNIS J. KUCINICH into different mediums of public spotlight. HON. ZOE LOFGREN Sugar was known for his huge entourages and OF OHIO IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA public displays of success, truly a man who IN THE HOUSE OF REPRESENTATIVES enjoyed the life he lived. He showed genera- Thursday, October 6, 2005 Thursday, October 6, 2005 tions of young African Americans that raw Mr. KUCINICH. Mr. Speaker, I rise today to physical talent was not enough. Skill, ability recognize the Stockyard Redevelopment Or- Ms. ZOE LOFGREN of California. Mr. and education were also important. ganization (SRO), which has done much to Speaker, I rise today to recognize the 75th oversee the redevelopment of Cleveland’s Anniversary of the Justice Studies Department In 1989 Sugar Ray Robinson died a month Stockyard neighborhood in Ohio’s 10th Con- at San Jose´ State University. before his birthday, leaving behind a plethora gressional District. Once the center of Cleve- The Justice Studies Department at San of fans, along with countless influences and land’s stockyard industry, this neighborhood, Jose´ State was the first degree-granting pro- friends. Sugar Ray Robinson represented like many such neighborhoods in Cleveland gram in criminal justice in the United States. It hope and optimism for the African American and around the country in the decades fol- was founded in 1930 by August Vollmer, then community during an era of blatant and sys- lowing World War II, became blighted as com- Chief of Police in Berkeley, California, and tematic racial oppression. He aided in racial panies fled to the suburbs, sunbelt, or over- T.W. MacQuarrie, the President of San Jose´ relations in athletics while giving African Amer- seas while residents followed the new free- State College. In 1935, nation’s oldest profes- icans a sense of pride as an example of Afri- ways out of town. sional law enforcement fraternity, Chi Pi Sigma, was founded at San Jose´ State. can American perseverance and strength over In March 2000, when SRO’s newly appointed director Alex Brazynetz visited my of- The department prepares students for posi- the negative barriers. Sugar Ray broke these fice for the first time, he brought big dreams, tions of responsibility and leadership in fed- barriers, charging forward for his people to be significant problems, and a small request. His eral, state and local law enforcement, in gov- seen, to be respected and to be loved. It was dream was the revitalization of this long-ne- ernment investigative branches, in institutional a fight to show that African American people glected inner city neighborhood. The problem and community correctional offices, the court were not inferior and should be granted equal was that the privately owned and crumbling system, social services, public health, and in opportunity. West 67th Place was not eligible for highway the educational field. Alumni of the program The African American hero, the American funding or local road maintenance, while the have gone on to become leaders and idol, Sugar Ray Robinson showed the Amer- owner was unable to provide the maintenance. innovators in our community, and have made a positive impact on countless lives. ican people a black man that was a powerful The request was for a creative way to get this street fixed to retain the last remaining busi- As a Member of Congress, I fully under- warrior, and clearly the best of his time in and nesses and to attract new business to this stand the importance and impact that this pro- out of the ring. I have reintroduced legislation blighted neighborhood. The key to overcoming gram plays in securing the safety of our com- in the 109th Congress to recognize the stellar the obstacle and realizing the dream was a munity and ensuring that our laws are carried career of Sugar Ray Robinson. It is an honor federal Economic Development Administration out fairly and responsibly. I am proud to stand which Sugar Ray Robinson very well deserves (EDA) grant to fix West 6th Place. here today to recognize the Justice Studies and I truly hope my colleagues will join me in In conjunction with the SRO, the Westside Department at San Jose´ State University and this effort. Industrial Retention and Expansion Network I urge them to continue the important work of

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00186 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22540 EXTENSIONS OF REMARKS October 6, 2005 educating the next generation of justice pro- Michigan’s Upper Peninsula Labor Hall of general assignment reporter to becoming the fessionals. Fame for his commitment to his community Fresno Bee’s main political writer. He spent 15 f and his teaching profession. years in that position keeping the San Joaquin f Valley informed about local and national INDUCTION OF ARNOLD KORPI events by covering local elections, guber- INTO THE UPPER PENINSULA IN CELEBRATION OF VERA natorial races and presidential campaigns. In LABOR HALL OF FAME MCDONALD’S 90TH BIRTHDAY 1995 Jim Boren became Editor of the editorial page in the Fresno Bee. HON. BART STUPAK HON. JUANITA MILLENDER-McDONALD Jim Boren has a well-deserved reputation OF MICHIGAN OF CALIFORNIA as a skilled and reliable investigative reporter. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES His journalistic abilities, compassion, and belief in justice are credited in the release of in- Thursday, October 6, 2005 Thursday, October 6, 2005 nocent prisoners charged for crimes they did Mr. STUPAK. Mr. Speaker, I rise today to Ms. MILLENDER-MCDONALD. Mr. Speaker, not commit. pay tribute to an educator who has played a I rise to congratulat my mother-in-law, Mrs. Mr. Boren has been the recipient of numer- key role in organizing teachers in Michigan’s Vera McDonald of Los Angeles, California, ous awards for his talent as a journalist. He Upper Peninsula for seventeen years. It is for who celebrated her 90th birthday on July 18th has received notoriety from various organiza- this lifelong dedication to his noble profession of this year. tions, including an investigative reporting of teaching and contributions to the labor Vera Jackson McDonald was born in Mem- award from the Society of Professional Jour- movement that Arnold Korpi so richly deserves phis, Tennessee on July 18, 1915, to Walter nalists, the Jim Tucker Award from California to be inducted into the Upper Peninsula Labor and Lola Jackson. As a young girl and the old- State University, Fresno, and the national Hall of Fame. est of 6 children, Vera spent her formative honor of receiving the Friend of Scholastic After spending nearly two decades, from years assisting her parents in caring for her Journalism Award from the Journalism Edu- 1946 to 1964, as a business education teach- younger siblings and running the household cation Association. For his contributions and loyalty to the comer in Rockland and Wakefield, Michigan and while her parents worked. munity, it is with great pleasure that I extend as a professor at Gogebic Community Col- In 1942 at the age of 22, Vera married Artie the gratitude and appreciation of the residents lege, Mr. Korpi became an early labor leader Lee Miller. Although they did not have any of the San Joaquin Valley to Jim Boren. for the teachers of Michigan’s Upper Penin- children of their own, they raised a large fam- sula. ily after they took custody of their neighbor’s f Mr. Korpi was tireless in his commitment as six children following the parents’ tragic and A REDESIGN OF THE $1 COIN TO a leader in the labor cause. Mr. Korpi held a premature death. COMMEMORATE THE LIFE AND On September 16, 1977, we welcomed Vera number of prestigious positions throughout the LEGACY OF MARTIN LUTHER into our family when she married James Michigan Education Association (MEA) and KING, JR. civic organizations, including his service on McDonald, my father in law, following the the Board of Directors of the Michigan Edu- passing of her first husband, Mr. Miller. At 90 years old, Vera remains a source of inspiration HON. CHARLES B. RANGEL cation Special Services Association (MESSA), OF NEW YORK as President of Michigan Education Associa- and happiness for our entire family. Vera would be the first to tell you that, despite her IN THE HOUSE OF REPRESENTATIVES tion Region 18, as President of the Upper Pe- Thursday, October 6, 2005 ninsula Business Teachers’ Association, as remarkable age, she remains active and inde- President of the Gogebic County District of the pendent. She doesn’t suffer from arthritis or Mr. RANGEL. Mr. Speaker, I rise today to Michigan Education Association, as President the aches and pains of age, and does not invite Congress to join me in cosponsoring of the Wisconsin Alumni Association and as a need to wear her glasses when reading. She H.R. 1432 to require the Secretary of the board member and President of the Northern is also a woman of strong Christian faith. Treasury to redesign the $1 coin to com- In recognition of a lifetime of generosity and Michigan University ‘‘N’’ Club. memorate the life and legacy of Dr. Martin Lu- Mr. Korpi further served the MEA as Presi- love, I ask my colleagues in the House of ther King, Jr. On December 5, 1955, after civil rights ac- dent and Treasurer of the Michigan Education Representatives to join me in honoring Vera tivist Rosa Parks refused to observe the seg- Association Professional Staff Association McDonald as she celebrates her 90th birthday. regation policy on buses, the residents of serving all Uni-Serv Directors in Michigan; as f Montgomery, Alabama launched a bus boy- President of the National Staff Organization; IN HONOR OF JIM BOREN, NA- cott. The success of the boycott which deseg- and as the Uni-Serv Director for the Michigan TIONAL MEDIA CITATION AWARD regated the city bus system propelled Dr. King Education Association/National Education As- WINNER into national prominence. He organized and sociation from 1964 until 1981. led strategic marches, protests and dem- In addition to holding many high ranking po- HON. JIM COSTA onstrations for blacks’ right to vote, desegre- sitions within the MEA, Mr. Korpi was also the OF CALIFORNIA gation, fair hiring practices and other basic founder, leader, organizer and Treasurer of IN THE HOUSE OF REPRESENTATIVES civil rights. He led these marches under the the Upper Peninsula Education Association, Thursday, October 6, 2005 philosophy of non-violence and civil disobe- which continues to be a valuable organization dience, which gained national and inter- for teachers bargaining labor contracts across Mr. COSTA. Mr. Speaker, I rise today to national media attention. Through his influ- the Upper Peninsula. honor Jim Boren for receiving national rec- ence, the world began to see first hand the in- Arnold Korpi is known for far more than his ognition as an outstanding journalist by the humanity of segregation. brilliant organizing and advocacy skills. De- Journalism Education Association which re- It wasn’t until his 1963 ‘‘I have a dream’’ scribed as an early leader and a moving force cently awarded Mr. Boren with the National speech during the March on Washington, did for the Michigan Teacher Tenure Act, Mr. Media Citation Award. America begin to see Dr. King as a prophetic Korpi helped lay the groundwork for the pro- Jim Boren is an established journalist who visionary. The eloquence and optimism of his fessional teachers’ bargaining and job security has won numerous awards and recognition speech and vision truly inspired the collective issues. He was part of the historic Teacher from national organizations and community conscience of the American public. As his Tenure legislation which enabled classroom groups. Jim Boren was one of California State message began to spread, the Nation began educators to teach and act without fear of re- University, Fresno’s finest graduates and had to change. The Civil Rights Act of 1964 and prisal, thus fostering and encouraging the aca- many opportunities to leave the Valley in pur- the Voting Rights Act of 1965 became mani- demic freedoms for all Michigan teachers. suit of prestige. Being the dedicated Fresnan festations of the dreams and hopes of equality Mr. Speaker, I ask the U.S. House of Rep- that he is, however, Jim chose to stay in his and justice for all that Dr. King so effectively resentatives to join me in thanking Mr. Arnold community and share his talent with his home- represented. Korpi and his family for his dedication to the town. Although Dr. King, once Time Magazine’s education labor movement in Michigan. Arnold Beginning his career in 1972, Jim joined the ‘‘Man of the Year 1963’’ and the youngest re- Korpi has more than earned his place in Fresno Bee. He worked his way up from a cipient of the Nobel Peace Prize was quickly

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00187 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 EXTENSIONS OF REMARKS 22541 and violently taken from us, his dream still tion of Ohio and the Ohio Polish Legion of Health, believe we are on the verge of break- lives on. He had insight into a reality that was American Veterans, U.S.A., as they unite the throughs in Alzheimer’s detection, diagnosis, not yet this world’s reality. Peace on Earth and community in remembrance and celebration of and prevention. With an annual cost of more goodwill towards all was not yet this world’s Gen. Kazimierz Pulaski, for his legacy of cour- than $100 billion to care for people with Alz- reality. But he believed that it could be; that it age and selfless dedication to the people of heimer’s, and an immeasurable amount of ought to be. His philosophy of nonviolent di- Poland and the people of the United States of heartache, America must invest in hastening rect action, and his strategies for national and America. the day when Alzheimer’s disease is no non-destructive social change, galvanized the Born on March 4, 1747 in Warzka, Poland, longer—we cannot afford not to. conscience of this Nation and reordered its General Pulaski achieved great military suc- That is why we are encouraging the Postal priorities. His wisdom, his words, his actions, cess in Poland with his focused leadership Service to act now on an Alzheimer’s stamp. his commitment, and his dream for a new way and brilliant strategies in fighting the Russian Semi-postal stamps are authorized by Con- of life of equality and justice for all have been domination of Poland. By 1777, General Pu- gress as a tool for the Postal Service to raise intertwined with the American experience. laski had become one of the most renowned funds and awareness of worthy causes. Tens There is no man more deserving to have cavalrymen in Europe, and while in Paris that of thousands of Americans, from across the their image engraved on the face of the $1 year, he was actively recruited by Benjamin country, have signed a petition of support for coin than, Dr. Martin Luther King, Jr. Not only Franklin to assist in the American quest for lib- this stamp, yet its issue is still pending with would this be a national recognition of his eration. the Postal Service after four years. There is many contributions to American history, but it Sympathetic to the American cause, Gen- no more worthy cause today than a fight would be a constant reminder that we have eral Pulaski sailed to America and was made against Alzheimer’s disease, and time is of the not yet fulfilled the dream, Peace on Earth and head of the newly formed American cavalry essence. By allowing the public to directly good will to all men, and equality and justice during the Revolutionary War. General Pulas- contribute to research funds through a postal for all. ki’s deep level of commitment to the American stamp, we could be one step closer to a treat- f cause was framed by energy and style. He re- ment, or even a cure. portedly wore a plumed hat, flashing saber, INTRODUCTION OF A BILL TO I hope that my colleagues will join me to en- and an elaborate uniform, and spent his own MAKE AMENDMENTS TO THE courage the Postal Service to allow Americans money to feed and equip his troops. General IRAN NONPROLIFERATION ACT to invest in the fight against Alzheimer’s dis- Pulaski was involved in many significant bat- OF 2000 RELATED TO INTER- ease through a semi-postal stamp. tles during the Revolution. His ultimate stand NATIONAL SPACE STATION PAY- f took place in Savannah, GA in October 1779, MENTS where he led a valiant charge against British A TRIBUTE TO JAMAICAN CUISINE artillery. General Pulaski was shot and died a HON. RON PAUL few days later. OF TEXAS HON. CHARLES B. RANGEL Mr. Speaker and colleagues, please join me OF NEW YORK IN THE HOUSE OF REPRESENTATIVES in honor and remembrance of Gen. Kazimierz IN THE HOUSE OF REPRESENTATIVES Thursday, October 6, 2005 Pulaski, who made the ultimate sacrifice in his Thursday, October 6, 2005 Mr. PAUL. Mr. Speaker, I rise to introduce valiant fight to secure the ideals of the Amer- a bill to make amendments to the Iran Non- ican Revolution. An American hero, General Mr. RANGEL. Mr. Speaker, in celebration of proliferation Act of 2000 related to Inter- Pulaski’s life and legacy serves as a signifi- Jamaica’s 43rd anniversary of independence I national Space Station payments. It is critical cant reminder of the vital contributions and rise today to insert in the RECORD an article that we pass this legislation to preserve great achievements by Polish immigrants with- from the July 20th New York Times high- NASA’s ability to perform such core functions in our Cleveland community, and throughout lighting Jamaican cuisine and its impact on as transporting astronauts to the International America. New York City. Space Station. Indeed, the International Space f The influx of Jamaican cuisine in New York and other cities throughout the U.S. is a testa- Station program may be threatened if the H. RES. 466—ALZHEIMER’S SEMI– ment to the richness which immigration has United States is prevented from purchasing POSTAL STAMP from Russia the space hardware and services brought to the city of New York and our Na- required to meet U.S. obligations. tion. The diversity of cuisine now available to Currently, the Iran Nonproliferation Act of HON. NANCY PELOSI us is but one example of the benefits we New 2000 forbids any such purchase because Rus- OF CALIFORNIA Yorkers and Americans derive from the cul- sia is said to be assisting Iran in pursuit of its IN THE HOUSE OF REPRESENTATIVES tures and customs brought to the U.S. from all atomic energy program. Mr. Speaker, this situ- Thursday, October 6, 2005 over the world. ation demonstrates very clearly the negative Ms. PELOSI. Mr. Speaker, I rise today in The vibrant cuisine of Jamaica is a reflec- unintended consequences of our counter- support of a bipartisan resolution urging the tion of its culture and is as diverse as its peo- productive policy of restricting trade and plac- United States Postal Service to act on a pend- ple, drawing inspiration from a medley of ing trade sanctions on other countries. It ing petition for an Alzheimer’s Semi-Postal sources. Jamaican cooking can be best de- would be ironic if in our zeal to punish Russia Stamp. I am proud to have partnered with my scribed as a culinary melting pot that com- for engaging in trade with Iran we in fact end colleagues, Representatives ED MARKEY, bines a hint of Spanish, a dash of English and up punishing scores of Americans who work in CHRIS SMITH, and JOHN BOOZMAN in intro- a heaping teaspoon of Indian and Chinese the space industry in the United States. ducing this legislation that encourages a long- with a cup or two of African ingredients to I very much hope that my colleagues will overdue opportunity for the public to make an serve up some of the Caribbean’s most cre- join me in this effort to prevent these indirect investment in the research that could find a ative cuisine. sanctions from unfairly harming the American cure to Alzheimer’s disease. As a native New Yorker I have been a Ja- space program. Nancy Reagan described the slow decline maican food enthusiast since my youth. It is a f of her husband, President Reagan, to Alz- cuisine full of flavor and vibrancy. IN HONOR OF THE ANNUAL PU- heimer’s disease as ‘‘the long goodbye.’’ Far Jamaicans have been immigrating to the LASKI DAY CEREMONIAL OB- too many Americans are enduring that same United States for centuries and have undeni- SERVANCE long goodbye today. More than 4 million ably left their mark on cities throughout our Americans have Alzheimer’s disease, a num- Nation. Their contributions can be seen at the HON. DENNIS J. KUCINICH ber that is expected to triple within the next 50 center of our neighborhoods and industries, in years. Nineteen million Americans are caring every sector from music to cuisine. OF OHIO for someone with Alzheimer’s. That is why I The Jamaican American community is a IN THE HOUSE OF REPRESENTATIVES have fought so hard to increase federal fund- prime example of a community which has and Thursday, October 6, 2005 ing for Alzheimer’s disease research. is contributing greatly to New York City and Mr. KUCINICH. Mr. Speaker, I rise today in Scientists around the world, including some their adopted nation. Special praise is due for honor and recognition of the Polonia Founda- of our best minds at the National Institutes of what the entrepreneurs of this community are

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00188 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22542 EXTENSIONS OF REMARKS October 6, 2005 contributing to the cuisine of the city and their flavored with a little basil, and the crust is ter, Sabrina, the bakery’s director of oper- efforts are appropriately recognized in this arti- rich and crumbly. ations. ‘‘Not only Jamaicans, but Caucasians cle. The Jamaican patty is served wrapped in and especially Hispanics—a patty is a lot coco bread, which is like an oversize, slightly like an empanada.’’ ISLAND FLAVORS IN A YELLOW ENVELOPE sweet hamburger bun. It is called coco bread Or a lot like a calzone, a samosa or even a (By Julia Moskin and Kim Severson) not because it contains coconut (it doesn’t), knish. But no matter what your roots, the Long before the BlackBerry and the but because you split it open like a coconut. patty travels well. Especially through the PlayStation Portable, New Yorkers loved Although the combination first appears streets of New York. their hand-helds. The folded pizza slice, the dauntingly starchy, the soft sweetness of the bread nicely offsets the spicy filling and the hot dog and the crusty knish have a built-in f mobility that lets hungry New Yorkers eat crisp crust. on the street, and enough density to carry ‘‘You eat it with the coco bread to soak up WELCOME TO HIS HOLINESS them through to the next meal. the spice and the juice,’’ said Shana Bennett ARAM I New immigrants have added to the on-the- Reid, who works at Angel Flake Patties in go family, introducing Colombian arepas, Flatbush. Mexican tacos and Uzbek samsas. But the In different times and places, the distinc- HON. LUCILLE ROYBAL-ALLARD tive yellow-orange color of the classic patty hand-held with the best shot at making the OF CALIFORNIA list of classic New York noshes is the Jamai- crust has come from palm oil, annatto seeds, can beef patty, a rectangle of flaky yellow yellow food coloring and turmeric. Some IN THE HOUSE OF REPRESENTATIVES upscale patties bear a natural pale-brown crust filled with ground beef shot through Thursday, October 6, 2005 with onion, thyme and the inimitable heat crust, rather than the traditional yellow. In and perfume of Scotch bonnet chili peppers. developing a recipe for home cooks, we found Ms. ROYBAL-ALLARD. Mr. Speaker, it that using turmeric and a bit of West Indian The patties are familiar to New Yorkers gives me great pleasure to join the many Ar- curry powder added a pleasant pungency and who order bland commercial versions sold at menian Americans whom I represent in wel- the classic yellow color. We also found that numerous pizzerias. But they cannot com- although vegetable shortening makes a per- coming His Holiness Aram I, Catholicos of the pare to the fresh, handcrafted patties found fectly good crust, beef suet makes a spectac- Great House of Cilicia, to California’s 34th at a handful of Jamaican bakeries here. The ular one. Congressional District on October 14, 2005. flakiest crusts are still made with a hefty Not all patties are spicy. Vegetable patties The pontiff is visiting California at the invitation percentage of beef suet, and the most memo- in a whole-wheat crust may seem like an rable fillings are unabashedly hot. of His Eminence, Archbishop Moushegh American health food invention, but they ‘‘That little country pepper takes you Mardirossian of the Western Prelacy of the Ar- are authentically Jamaican. Many Jamai- right back to Jamaica,’’ said Ronald Patter- menian Apostolic Church of America. cans are at least part-time vegetarians be- son, a customer at Buff Patty in Fort His Holiness is one of the most prominent cause of the dietary laws of Rastafarianism. Greene, Brooklyn, using a Jamaican term for Jerk chicken patties, a relatively new cre- Christian leaders in the Middle East and a the Scotch bonnet chili pepper, which has a ation gaining popularity here and in Ja- spiritual leader for hundreds of thousands of fruity, almost floral taste that balances its maica, can be hot or not, but they are always Armenians around the world. The pontiff pres- considerable heat. heavily perfumed with allspice and thyme, ently serves as the moderator for the World Since the 1970’s, Jamaicans have been the classic jerk spices. At Jamican Pride, Council of Churches. The World Council of among the largest immigrant groups in New one popular patty is filled with ackee, a soft, Churches represents over 400 million Chris- York City, with many arrivals settling in slippery-sweet fruit that resembles scram- Brooklyn. There are large Jamaican commu- tians throughout the globe, and is comprised bled eggs when baked inside a crisp crust. of more than 340 churches from different cul- nities in the Wakefield section of the Bronx Besides coco bread, the squeal of brakes and (coincidentally) in Jamaica, Queens. But seems to be a constant accompaniment to tures and countries. Currently serving his sec- the city’s best Jamaican food is con- patties; many of the best patty shops are ond term, His Holiness is the first Orthodox centrated in Brooklyn, along Flatbush, near bus and subway stops. At any time of and the youngest person to be elevated to Nostrand and Utica Avenues. day, customers rush in holding two dollar moderator. As the moderator of the World ‘‘We use Black Angus beef and fat from the bills, the usual tariff for a patty in coco Council of Churches, the pontiff has led the caps of the prime rib,’’ said Desmond Patter- bread. way to build bridges between people of faith. son, an owner of Jamaican Pride Bakery in ‘‘In Jamaica people eat patties first thing On this special day, His Holiness will meet Prospect-Lefferts Gardens, Brooklyn. There, in the morning and last thing at night,’’ said Mr. Patterson and his crew turn out 2,000 Patrick Anthony, whose father owns the One at Los Angeles City Hall with a number of patties from scratch every morning and bake Stop Patty Shop on Amsterdam Avenue in local, State and Federal public officials who them throughout the day. Harlem. ‘‘Every neighborhood has its own represent the nearly 400,000 Armenian Ameri- Jamaican Pride’s ground beef filling com- patty shop, and every patty shop has its own cans who live in and around southern Cali- bines plenty of black pepper and Scotch bon- recipe.’’ fornia. His Holiness will also present the main net, and a whiff of fresh thyme and allspice Kingston, the capital of Jamaica, is the address at a symposium to be held at the Uni- (Jamaicans call it pimento), two signature hotbed of the country’s patty wars, with versity of Southern California that will focus on seasonings in Jamaican cooking. It is slight- chains of Tastee Patties and Juici Patties how Christians respond to violence. ly soupy, not unlike a sloppy Joe. Patties at battling for dominance. most New York shops tend to be drier, with ‘‘I have heard of people making a living I am confident that when he delivers his ad- the meat pastelike, in the traditional style. buying Tastee Patties by the case in King- dress on October 14 entitled, ‘‘Christianity in Patties, it turns out, are an immensely ston airport and flying them to Miami, just the Middle East—Challenges Facing Inter-reli- personal matter. Preferences for meat tex- going back and forth,’’ Ronald Patterson gious Dialogue’’ at the Los Angeles World Af- ture, crust style and spicing levels are often said. His favorite patty shop, Buff Patty, fairs Council, Armenian Americans and Los determined by how and where one was carries Royal Caribbean patties, a local com- Angeles residents will hear a valuable mes- raised. mercial product that stood out in our sage. Jamaican cooking combines local ingredi- tastings. They are sold nationally under the ents with an overlay of Spanish, British, In- Caribbean Food Delights label in Costco Mr. Speaker, I am proud that His Holiness dian and Chinese influences. The patty could stores and in other large grocery chains. has included a visit to California’s 34th Con- be a descendant of the empanada or of the Caribbean Food Delights, Tower Isle and gressional District during his upcoming visit to meat pasty, the traditional lunch of miners Golden Krust, which sells its patties to hun- California, The main theme of his pontifical in Cornwall in southwest England, who need- dreds of franchisees, are the big players in visit, ‘‘Towards the Light of Knowledge’’ is a ed portable lunches that they could take the market. The companies, which turn out welcome reminder of the powerful role a good deep into the mines. hundreds of thousands of patties a day, are education can have in promoting a better and Other islands with British influence make determined to make patties as popular as more peaceful world. I know that my col- patties. In Trinidad a distinct curry flavor hamburgers and pizza. reflects that island’s many Indian cooks (try Vincent and Jeanette HoSang, who found- leagues join me in recognizing His Holiness the patties at Al Cholo Bakery in the Bronx); ed Royal Caribbean, import Scotch bonnets Aram I, a man who has been a strong voice the bakers at Shaborn Juice Bar, a Guyanese and thyme from Jamaica so their patties for mutual understanding among religions, cul- bakery in Flatbush, make round patties no will taste the way they do on the island. tures and civilizations; a true spiritual leader bigger than the palm of a hand. The filling is ‘‘But everyone buys them,’’ said their daugh- committed to peace, justice, and human rights.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00189 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 EXTENSIONS OF REMARKS 22543 NATIONAL LATINO AIDS AWARE- the rescue efforts that grew to include hun- Hurricane Katrina. And when Hurricane Rita NESS DAY AND THE REAUTHOR- dreds of personnel from across the country. hit land mere weeks later, many again an- IZATION OF THE RYAN WHITE Sacramento Metropolitan Fire District Chief swered the call for assistance. For their ef- CARE ACT Rick Martinez led an Incident Support Team in forts, we owe them our thanks. I am truly hon- Gulfport, Mississippi with Assistant Chief Mike ored to represent these renowned individuals HON. EDOLPHUS TOWNS Johnson, Dave Stoddard, Dave Odgers and and the fire departments they work for in Con- OF NEW YORK Hank Linscott. Coordinating rescue efforts in gress. Once again, I thank the women and IN THE HOUSE OF REPRESENTATIVES New Orleans from this Incident Support Team men of the Sacramento Fire Department’s was Assistant Chief Ed Vasques, Ford Davies Swiftwater Rescue Team and the Sacramento Thursday, October 6, 2005 and Larry Hopkins from the Sacramento Fire Metropolitan Fire District’s Urban Search and Mr. TOWNS. Mr. Speaker, today I rise to Department, along with Ron Pierce and Rescue Team for their unwavering dedication support the National Latino HIV/AIDS Aware- Hernando Carson from the Sacramento Metro- and service to our country during this tragedy. ness, October 15, 2005. The National Latino politan Fire District. f HIV/AIDS Awareness Day is a time of national Sacramento’s Swiftwater Rescue Team reflection for all Americans affected by HIV/ quickly responded to the tragedy of Hurricane THE LIFE AND LEGACY OF AIDS. Katrina by immediately flying to New Orleans JOSEPH H. RAINEY Residents of Brooklyn, NY disproportion- to assist in the rescue efforts. Trained on the ately represent newly reported HIV/AIDS often unpredictable currents of the Sac- HON. CHARLES B. RANGEL cases in the U.S. According to national fig- ramento and American Rivers, they quickly OF NEW YORK ures, New York City Latinos account for 7 per- adapted to the situation in New Orleans. This IN THE HOUSE OF REPRESENTATIVES cent of the U.S. Latino population, but more team led by Sacramento Fire Department As- Thursday, October 6, 2005 than 25 percent of the Latino AIDS cases na- sistant Chief Jay Bowdler and Battalion Chief tionwide. Simply put, the City of New York has Kristi Seargeant included Chris Costamagna, Mr. RANGEL. Mr. Speaker, I rise today to more Latinos diagnosed with AIDS than Miami Craig Wiedenhoeft, Michael Bartley, Charley pay homage to one of the most significant and Los Angeles combined. Sprague, Jeff Cooke, Niko King, Brian Morr, men in my life and in the Congressional his- For nearly 25 years, tremendous strides Chris Swarbrick, Martin Cordeiro, Sage Peart, tory, John H. Rainey, the first African Amer- have been made in developing comprehensive Dave Baldwin and Greg Powell. ican to serve in the United States House of approaches to education, prevention, diag- Once on site, the team worked long days in Representatives and the second Black U.S. nosis and treatment for those infected by this the flooded city to rescue hundreds of people Congressman. Without his courage, strength destructive disease. Yet, far too many people stuck on rooftops, trapped in their attics and and will to represent the issues and concerns are becoming infected by HIV/AIDS and are stranded in the streets. Working in challenging of the once voiceless community of freed without access to quality care. and unfriendly conditions—at risk to their own slaves, I would not be what and who I am As we move toward the reauthorization of health and safety—these dedicated individuals today. the Ryan White Care Act, let the National brought hope and medical care to those most Joseph H. Rainey was born on June 21, Latino HIV/AIDS Awareness Day provide a in need. 1832 in Georgetown, South Carolina. His par- time to remember the significant role this key Members of Sacramento’s well praised and ents were both slaves, but his father, Edward, legislation has made in the decline of HIV/ highly trained Urban Search and Rescue had a successful business as a barber, ena- AIDS cases throughout this country. Future Team also spent over two weeks working in bling him to purchase his family’s freedom Ryan White funding levels must be adequate many severely damaged communities along shortly after Joseph Rainey’s birth. As an to respond effectively to those who des- the Gulf Coast—searching for survivors adult, Rainey followed his father by becoming perately need the medical care, prescription trapped in their homes and in other buildings a barber. In 1861, with the outbreak of the drugs, and key support services these funds where they had sought shelter from the storm. American Civil War, Rainey was drafted by the provide. Many on this team had previously responded Confederate government to,work on fortifica- I urge my colleagues of both sides of the to crises in Oklahoma City and at the World tions in Charleston, South Carolina, as well as aisle to act together to reauthorize and ade- Trade Center following the terrorist attacks of to work as a laborer on blockade-runner ships. quately fund the Ryan White CARE Act in a September 11, 2001. Leading this team was In 1862, he and his wife were able to escape timely manner as we commemorate the goals Dave Whitt, a Battalion Commander with the to the West Indies. They settled in St. and ideals of the National Latino HIV/AIDS Sacramento Fire Department. Georges, Bermuda, where Rainey continued Awareness Day. Serving on the Urban Search and Rescue to work as a barber for the duration of the f Team from the Sacramento Metropolitan Fire war. District were Dave Brown, Jeff Metzinger, Kyle In 1866, following the war’s end, Rainey re- IN HONOR OF SACRAMENTO’S Johnson, Mark Wells, Mike McGuirk, Ron Von turned to South Carolina. He quickly involved PRESTIGIOUS FIRE DEPARTMENTS Allworden, Randy Gross, Mike Daw, Mike himself in politics, joining the executive com- Hazlett, Jim Johnson, Chris Anaya, Bob mittee of the state Republican Party. In 1868, HON. DORIS O. MATSUI Gorman, Randy Wootton, Tyler Wagaman, he was a delegate to the convention which OF CALIFORNIA Mike Wiggington, Bob Santee and Phil Allen. wrote the state’s new constitution. In 1870, IN THE HOUSE OF REPRESENTATIVES Also on this team from the Sacramento Fire Rainey was elected to the State Senate of Department were Erik Saari, Rick Lee, Teresa South Carolina. Later that year, he was elect- Thursday, October 6, 2005 Ortenberger, Lisa Stumpf, Doug Ross, Ernie ed to fill a vacancy in the Forty-first Congress Ms. MATSUI. Mr. Speaker, I rise in tribute Partridge, Randy Browning, Rodney Tateishi, of the United States as a Republican. This va- to the men and women of Sacramento Fire Micki Anacleto, Scott Williams, Ken Murray, cancy had been created when the previous in- Department’s Swiftwater Rescue Team and Joe Jackson and Ed Crum. They were joined cumbent, B. Franklin Whittemore, was cen- the Sacramento Urban Search and Rescue by Dr. Dennis Gardner, Blake Rothfuss and sured by the House for corruption and subse- Team for their tireless and heroic actions in Mike Kaszpurenko who served as medical and quently re-elected, after which the House re- response to Hurricane Katrina. Between the structural support staff. Teresa Ortenberger fused to seat him. Rainey was seated Decem- Sacramento Fire Department and the Sac- handled the cadaver dog. ber 12, 1870 and was re-elected to Congress ramento Metropolitan Fire District, sixty-one Additionally, Darren Taylor, Scott McKenney four times; he served until March 3, 1879, senior level managers, firefighters and res- and Larry Savage of the Sacramento Metro- which made him the longest-serving black cuers went to the devastated areas in New politan Fire District headed-up an Incident Lo- Congressmen prior to William L. Dawson in Orleans and across the Gulf Coast to help gistic Management Team at the Stennis the 1950s. those most in need. I ask all my colleagues to Space Center in Mississippi. During his term in Congress, Rainey fo- join me in honoring and thanking some of our Each of these men and women left their cused on supporting legislation to protect the nation’s finest first responders. families and loved ones in Sacramento; plac- civil rights of Southern blacks. This pursuit At the behest of FEMA, senior leaders from ing their lives on the line to come to the aid eventually proved unsuccessful, with the end both departments were called on to manage of their fellow citizens from the devastation of of Reconstruction effectively meaning that the

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00190 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22544 EXTENSIONS OF REMARKS October 6, 2005 black electorate lost all political power. In tribute to pay for programming rather than ex- nalist at Marquette University in Milwaukee, 1876, Rainey won re-election against Demo- pecting it from the taxpayer. I congratulate holds a master’s degree from Montclair State cratic candidate John Smythe Richardson; them on 2 decades of excellence and look for- University, and earned a doctor’s degree in Richardson however challenged the result ward to another 20 years of quality Christian education from Fairleigh Dickinson University. as invalid on the grounds of intimidation by talk radio. He also graduated from the New Jersey Mili- federal soldiers and black militias. Two years f tary Academy and served as a commissioned later, as the opponents of Reconstruction so- officer in the New Jersey National Guard. He lidified their control over South Carolina poli- CELEBRATING THE 80TH ANNIVER- is a licensed pilot, a published author, has tics; Rainey was defeated in a second contest SARY OF ST. ANN CATHOLIC taught at several colleges and universities and with Richardson. SCHOOL has the skilled talent of playing the guitar. After leaving Congress, Joseph Rainey was His show, Puerto Rican Panorama, has appointed internal-revenue agent of South HON. E. CLAY SHAW, JR. served not only to inform the Hispanic commu- Carolina. He held this position for two years, OF FLORIDA nity of issues that affect their lives, but just as after which he began a career in private com- IN THE HOUSE OF REPRESENTATIVES important, to provide an opportunity for the merce. Rainey retired in 1886 and died the fol- Thursday, October 6, 2005 mainstream audience to learn about Latinos lowing year in Georgetown, the city in which and their culture. he was born. Mr. SHAW. Mr. Speaker, I rise today to rec- Through Dr. Castellanos’ hard work and Joseph H. Rainey set a standard which all ognize St. Ann Catholic School on the occa- dedication to his career he has been able to U.S. Representatives should seek to emulate. sion of its 80th Anniversary. share a wonderful culture with many others. In His strength and courage was unparalleled, Located in the heart of downtown West recognition of his years of service to the and his will and commitment to his people, his Palm Beach, Florida, St. Ann is the oldest Latino community I ask that you and my other state and his country were admirable. Thank continually active Roman Catholic Church and distinguished colleagues rise to congratulate you, Mr. Rainey for paving the way for African school in South Florida. Built in 1925, St. Ann him. Americans like me in Congress, and for re- is an integral part of a historic campus with f minding us that we too must continue the fight four buildings. In 2004, the City of West Palm for true liberty and justice for all. Beach designated the campus buildings as HONORING THE SPINA BIFIDA AS- The Honorable Chaka Fattah, Member of local historic district. St. Ann has been nomi- SOCIATION OF AMERICA AND Congress and the Honorable Robert W. Ney, nated for listing in the National Register of COMMEMORATING OCTOBER AS Chairman, the House Fine Arts Board, cor- Historic Places. NATIONAL SPINA BIFIDA dially invite you to the Official Unveiling of Under the leadership of Principal Karen AWARENESS MONTH the Portrait of the Honorable Joseph H. DeMar and Father Seamus Murtagh, St. Ann Rainey, the first African-American to serve School provides a wonderful education choice in the United States House of Representa- HON. DAN BURTON tives, the Rayburn Foyer, Rayburn House Of- for parents in Palm Beach County. The philo- OF INDIANA fice Building, Washington, D.C., Wednesday, sophical basis for the curriculum is the belief IN THE HOUSE OF REPRESENTATIVES that each child is unique and free to develop September 21, 2005, 2:00 p.m. Thursday, October 6, 2005 f spiritually, intellectually, physically and socially to the full extent of his or her potential. Mr. BURTON of Indiana. Mr. Speaker, I rise TRIBUTE TO KKLA–FM CHRISTIAN St. Ann Catholic School has a diverse popu- today to pay tribute to the Spina Bifida Asso- TALK RADIO lation of approximately 300 students, pre-K ciation of America (SBAA)—an organization through eighth grade. Many parents selected that has helped those living with and affected HON. DANA ROHRABACHER the school not only for its curriculum but to be by this debilitating disease for over 30 years— OF CALIFORNIA close to their children while they work in the and recognize the observance of October as IN THE HOUSE OF REPRESENTATIVES governmental and professional offices in the National Spina Bifida Awareness Month, and surrounding neighborhood. to pay tribute to the more than 250,000 Ameri- Thursday, October 6, 2005 Mr. Speaker, I am pleased to congratulate cans in the Spina Bifida Association of Amer- Mr. ROHRABACHER. Mr. Speaker, I rise the families, friends, faculty and staff as they ica Community. today to acknowledge and celebrate the 20th celebrate the 80th Anniversary of St. Ann Currently, it is estimated that approximately Anniversary of KKLA–FM Christian Talk Radio Catholic School. 70,000 people in the United States are living in Los Angeles, California. f with Spina Bifida, the most common perma- KKLA–FM began broadcasting out of a nently disabling birth defect. For those of my small studio in North Hollywood on October TRIBUTE TO THE PUERTO RICAN colleagues who may be unfamiliar with this 15, 1985. The launch of an afternoon drive PANORAMA AND DIEGO disease, Spina Bifida is the broad term used call-in talk show, ‘‘Live From L.A.,’’ in 1986 CASTELLANOS to describe a series of neural tube defects that moved the station into position as the voice of occurs in the first month of pregnancy when the Southern California Christian community HON. ROBERT A. BRADY the spinal column doesn’t completely close. In on local and national issues. KKLA–FM was OF PENNSYLVANIA fact, there are three different distinct forms of the first station in Los Angeles—and the sec- IN THE HOUSE OF REPRESENTATIVES Spina Bifida, often referred to as Occulta, Me- ond in the country—to stream programming ningocele and Myelomeningocele. live on the Internet, beginning in late 1995. Thursday, October 6, 2005 The Occulta form of Spina Bifida is often re- In the late 1990s, KKLA–FM’s success led Mr. BRADY of Pennsylvania. Mr. Speaker, I ferred to as hidden Spina Bifida, as the spinal parent company Salem Communications Cor- rise today to congratulate the Puerto Rican cord and the nerves are usually normal and poration to acquire and develop other stations Panorama and Diego Castellanos. there is no opening on the back. Instead, in around it in a cluster, including News/Talk 870 Puerto Rican Panorama is a weekly tele- this usually harmless form of Spina Bifida, KRLA–AM, 95.9 KFSH–FM (The Fish), News/ vision show on 6 ABC, the leading television there is a small defect or gap in a few of the Talk 590 KTIE–AM and 1190 KXMX–AM. station in Philadelphia. Although the show is small bones (vertebrae) that make up the Salem Los Angeles, as the cluster is known broadcast in English, it deals exclusively with spine. There may be no motor or sensory im- today, encompasses nearly the entire 5th floor Hispanic issues and Latin culture. Panorama pairments evident at birth, but subtle, progres- of its Glendale headquarters with 11 studios has been on the air uninterrupted since Sep- sive neurologic deterioration often becomes and production suites, and satellite offices in tember 1970, making it the world’s longest- evident in late childhood or early adulthood. Orange County and the Inland Empire. running TV show of its type thus landing its The Meningocele form of Spina Bifida is For 20 years, KKLA–FM has provided a host, Diego Castellanos, in the Philadelphia when the protective coating covering the spi- place for Southern Californians to tune in and Broadcast Pioneers Hall of Fame. nal cord (meninges) push outward through an listen to the Christian perspective on national Dr. Castellanos is a native of Puerto Rico open part of the spine like a sac. Cerebro- events. Their success is also due to the gen- who has resided in the Greater Philadelphia spinal fluid fills the sac, but there is usually no erosity of their listeners who voluntarily con- area most of his life. He was trained as a jour- nerve damage. Individuals may suffer minor

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00191 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 EXTENSIONS OF REMARKS 22545 disabilities at the onset, but new problems can with her disease slow her down or stop her Spina Bifida Awareness Month upon us again, develop later in life. Finally, the from pursuing her dream of making a dif- I would say to my colleagues in closing that Myelomeningocele form of Spina Bifida—the ference and advocating for persons with dis- the time for us to start making a difference is most serious type of Spina Bifida, which abilities. I was happy to be able to give her now. causes nerve damage and more severe dis- the opportunity to come to Washington and try f abilities—occurs when the meninges and the to make her dream a reality; and I have no spinal nerves both come through an open part doubt that because of her tireless efforts to A SPECIAL TRIBUTE TO STARR of the spine. raise awareness of Spina Bifida on Capitol COMMONWEALTH ON THE OCCA- While medical science has not yet discov- Hill, the incidence of Spina Bifida will decrease SION OF ITS EXPANDED ered the exact cause of Spina Bifida—it is a and fewer children will have to endure the MONTCALM SCHOOL FOR GIRLS birth defect that can strike anyone—we do road she has had to travel. know that a woman taking 400 mcg of folic Even with all the challenges she faces, I HON. PAUL E. GILLMOR acid whether as part of a multivitamin/drug for- have never seen Donna without a smile on OF OHIO mula or alone, prior to and in the early weeks her face. She definitely has an infectious love IN THE HOUSE OF REPRESENTATIVES of life, and when the world looks at her it of pregnancy, reduces her risk of having a Thursday, October 6, 2005 baby with Spina Bifida or another neural tube doesn’t see a person unobtrusively going defect by as much as 70 percent. That is why through the motions of everyday life, it sees Mr. GILLMOR. Mr. Speaker, it is my privi- since February 1996 and at the direction of an outspoken, dynamic and active person will- lege to pay tribute to a special organization in Food and Drug Administration, all U.S. food ing to get involved in the issues that she cares Ohio’s Fifth Congressional District. This Octo- manufacturers started adding folic acid to about, particularly those that affect disabled in- ber, the Montcalm School for Girls at Starr most enriched breads, flours, corn meals, pas- dividuals in our country. Commonwealth’s Van Wert campus celebrates tas, rice and other grain products to reduce I believe that Donna is perhaps the best adits first anniversary celebration. the risk of birth defects in newborns. Following vocate the Spina Bifida community could have Mr. Speaker, Starr Commonwealth has the fortification of cereal grains, the incidences on Capitol Hill because each and every day, been nationally recognized for serving thou- she serves as living proof that someone with of these types of birth defects decreased by sands of children, families and professionals Spina Bifida need never take a back seat to about 20 percent. throughout America. For nearly a century, the However, surveys and research suggest anyone. I wish more young people in America dedicated staff of Starr Commonwealth has that only about 30 percent of American had the same fire and commitment as Donna. committed themselves to diffusing violence, women consume the daily recommended In fact, it is largely thanks to Donna that I be- healing racism and developing positive envi- amount of folic acid. As a result, today in came aware of and joined the Congressional ronments in the children which they serve. America there are still some 60 million women Spina Bifida Caucus. I hope that many of my With five locations in Michigan and Ohio, Starr at risk of having a baby born with Spina Bifida, colleagues listening today will also join the Commonwealth operates dozens of programs Caucus and work to spread awareness and and everyday, an average of 8 babies are af- for troubled youth and their families. By instill- education about this disease. Working to- fected by Spina Bifida or a similar birth defect ing the core values of integrity, excellence, gether we can do so much to improve the of the brain and spine. Annually, approxi- compassion and faith, Starr Commonwealth quality of life to those living with Spina Bifida. mately 3,000 pregnancies are affected by has been effective at redirecting misdirected Just this past Wednesday, October 5, 2005, children across our nation. these birth defects. the SBAA’s held its 17th Annual Gala here in These devastating birth defects cannot be In 1951, Floyd Starr expanded Starr Com- Washington to benefit the Association and its cured, so they must be prevented, and the monwealth to a campus outside of Van Wert many chapters around the nation. The event evidence of folic acid’s benefits as a preventa- in Ohio’s Fifth Congressional District. Staff was a tremendous success and the funds tive is extremely compelling. The solution is members at the Van Wert campus help boys raised will help the SBAA and its chapters with social, emotional and behavioral problems education and awareness. Since 1973, the around the country continue the good work as they attempt to turn their lives around. In Spina Bifida Association of America—the na- they do in preventing more occurrences of this addition, the school is celebrating its one-year tion’s only organization solely dedicated to ad- devastating disease, and reducing the suf- anniversary of operating the Montcalm School vocating on behalf of the Spina Bifida commu- fering of those 70,000 Americans living with for Girls. The Montcalm School provides resi- nity—has been leading the charge. Through Spina Bifida. I firmly believe that we owe dential treatment for young women who have their almost 60 chapters in more than 125 SBAA a great debt for what they have accom- communities, the SBAA has helped bring plished. experienced abuse, depression, behavioral or thousands of expectant parents together with In my home State of Indiana, SBAA, the academic problems. parents of children who suffer from the dis- Spina Bifida Association (SBA) of Central Indi- The services provided by Starr Common- ease. This type of one-on-one interaction ana and the SBA of Northern Indiana have wealth and the Montcalm School are good for helps concerned parents get answers to their formed a collaborative partnership to make a our children and good for our society. Stu- questions, but most importantly it lends sup- difference in the lives of Hoosier families living dents who attend the Montcalm School have port and gives people essential information with Spina Bifida by helping them meet the fallen off the path in life and need our assist- and hope. Thanks to SBAA’s efforts, millions challenges and enjoy the rewards of raising ance to become productive members of soci- of people have received vital information about their children. In addition, in response to the ety once again. These students have engaged Spina Bifida and how it affects those who live devastation of the Gulf region of this country in activities which warrant our attention but with it; countless women have learned about by Hurricanes Katrina and Rita, Indiana’s they also possess a passion to be rehabili- the importance of taking folic acid prior to Spina Bifida chapters answered the call by tated. By attending the Montcalm School, stu- pregnancy to reduce the risk of Spina Bifida participating in the Spina Bifida Hurricane dents are provided with a therapeutic environ- and other neural tube defects; and, countless Emergency Life Support Program (SBHELSP). ment to allow them to grow as individuals and individuals afflicted with Spina Bifida have got- Established by the SBAA, the SBHELSP, as- avoid a life of delinquency. The school boasts ten the help they need to live life to its fullest sisted in getting vitally needed supplies to vic- a 95 percent success rate and has given back and achieve their full potential. tims of the hurricanes and to put displaced to our society those who had before been for- A very special lady who works with me in families affected by Spina Bifida in touch with gotten. my office, Ms. Donna Jones, in fact happens others who understand their special needs Mr. Speaker, it is not everyday that we can to have Spina Bifida. Since the day she came and can help them. I cannot say enough good recognize programs which provide such an im- on board, she has done a great job and things about the hard work, dedication and portant service to our community as Starr helped me understand first-hand the challenge compassion of the volunteers and staff at all Commonwealth. In Van Wert, citizens of the of living with this disease. Ever since I’ve the Indiana chapters of SBAA; I can only Fifth District have committed to protecting and known her, Donna has always believed that thank them on behalf of all Hoosiers for all rehabilitating our children through the change can come if even one individual be- they have done and all that they will continue Montcalm School. Mr. Speaker, I ask my col- lieves in themselves and strives to make a dif- to do. leagues to join me in paying special tribute to ference no matter how hard the challenge. SBAA and its local chapters are making a Starr Commonwealth for its commitment to a And she has never let the challenge of living difference one life at a time. With National better America. As all who benefit from Starr

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00192 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22546 EXTENSIONS OF REMARKS October 6, 2005 Commonwealth gather to celebrate the one- Narcisco Fernandez, Mr. Miguel Fuentes, Ms. never afraid to share the hope he had in year anniversary of the Montcalm School, I am Jessica Perez, Mr. Eric Sanchez, and Ms. Christ. He now rests in eternal peace with his Savior. confident that the services provided in Van Christina Gonzalez. These fine young people Sgt. Derrick died Sunday, September 25, Wert will continue to better our society into the from the city of Worcester have recently been 2005, while stationed in Baghdad, Iraq. Born future. recognized at the annual HACE Youth Awards in Columbia, he was a son of Suzanne McCor- f and Recognition Dinner. mick Shealy and Andrew Carroll ‘‘Butch’’ The Hispanics Achieving and Celebrating Derrick. He was a 1998 graduate of Marion TRIBUTE TO THE LATE HOWARD Excellence Committee, HACE, was created in Military Institute and attended Francis Mar- BEAVER 1985 by the faculty and staff at Quinsigamond ion University. While a student at Marion Military Institute, Joseph played and let- Community College. The goal of HACE is to ´ tered in Varsity football, baseball and bas- HON. RAUL M. GRIJALVA raise community awareness of the richness of ketball. He was named the Class of 1998’s OF ARIZONA Hispanic culture. The organization recognizes ‘‘Best All Round Athlete’’ and was named to IN THE HOUSE OF REPRESENTATIVES the achievements of young people, provides the State of Alabama’s All Star Baseball positive role models, and encourages youths Team in 1998. Thursday, October 6, 2005 to focus on education. Honorees are nomi- During his military career, Joseph grad- Mr. GRIJALVA. Mr. Speaker, it is with regret uated from the Primary Leadership Develop- nated by school principals, teachers, coaches, ment Course and was awarded the Bronze and deep sadness that I rise to honor Howard community leaders and agencies. Along with Star, the Purple Heart, the Army Achieve- Beaver, a resident of Tucson, AZ, who passed the honor, each student receives a scholar- ment Medal (with one Oak Leaf Cluster), the away on October 3, 2005. For over 27 years ship. National Defense Service Ribbon, the Iraqi he sold or rented thousands of musical instru- Each year, HACE holds an annual dinner to Campaign Medal, the Global War on Terror ments to Tucson children. I myself bought my recognize youth leaders. The honorees from Medal, the Korean Defense Service medal, first harmonica at his store. He was a pillar of this year’s annual dinner, include 28 students the Army Service Ribbon, the Combat Ac- Tucson society, an impassioned musician, be- tion Badge, the Marksmanship Badge, the from Worcester high schools. These select Good Conduct Medal, and the Army Com- loved husband, father, and grandfather. few have distinguished themselves in five cat- mendation Medal. Howard Beaver was born in Beaver, AR, egories: the arts, athletics, academics, com- Surviving are his mother, Suzanne ‘‘Suzy’’ and raised in Odessa, TX. He moved to Tuc- munity service and/or leadership. This year’s McCormick Shealy of Columbia; stepfather, son in 1949 for his freshman year at the Uni- honorees will receive a gift in the amount of Carey William Shealy of Columbia; brother, versity of Arizona, where he received his $200, as an incentive and encouragement to William James Shealy of Columbia; sister, bachelor’s degree in music. He later went on Elizabeth Anne Shealy of Columbia; father, continue along the path of excellence. Butch Derrick of Columbia and his wife, to earn a master’s degree from Northern Ari- Over a span of 20 years, HACE is proud to Deborah R. Derrick; half sister, Chelsea zona University. have given monetary awards totaling over Campbell Derrick and Austin Reid Royal; pa- Howard opened Beaver’s Band Box in 1964, $57,000 in recognition of the achievements ternal grandmother, Barbara Jean Shealy of a music store where he rented and sold instru- each honoree has accomplished. Columbia; maternal aunt and uncle, Mr. and ments as well as provided music lessons. In The committee members who dedicate Mrs. L. Stephen Quatannens (Jo Anne) of 1991 he sold the store to his son, Dan, who themselves to coordinating HACE include Ms. Campobello, S.C.; Shealy paternal aunt and then proceeded to open a second Beaver’s Maria Addison, Ms. Olga Lopez-Hill, Mr. John uncle, Mr. and Mrs. Whitfield Milling How- ard (Rebecca) of Surfside Beach, S.C.; pater- Band Box. Rodriguez, Mr. Dan de la Torre, Ms. Susan nal uncle, Robert William Derrick of Colum- He was a very dynamic member of the Tuc- Laprade, Ms. Brenda Safford, Ms. Kirshner bia; paternal aunt, Barbara Rainey of son music community; in 1966 he founded Donis, Ms. Viviana Troche, Honorable Har- Greensboro, Ga.; first cousins, Mrs. Jamey Beaver’s Tucson Concert Band, was influential riette Chandler, Ms. Maria Florez, Mr. Javier Scheuch (Andrea), Mrs. Bob Elder (Cath- in the beginning of the UA alumni band and Salort, Mr. Albert Vasquez, and Ms. Dolly erine) and Mr. Kenneth Whitfield Howard; was active in many community bands. Vazquez. and numerous second cousins. He is also sur- Howard’s life was filled with music and fam- I am sure all my colleagues and fellow con- vived by his fiancee, Miss Shaunna Marie Miller of Phoenix, Ariz. ily, two things that were very important to him. stituents will join me in applauding the accom- He was predeceased by his uncle, Kenneth His love of music began early in life, with his plishments of these young leaders, and praise James Shealy; grandparents, Samuel James first Trombone in seventh or eighth grade, HACE for the great service they perform in the McCormick, Jr., Marjorie N. McCormick, though he would later know how to play them city of Worcester. Marvin Jacob Shealy, Katherine Yates Der- all. The other love of his life was family. He is f rick and Robert Heyward Derrick. survived by his wife Liz, five children (Dan, f Heidi, Carl, Krista, and Erica) and 15 grand- TRIBUTE TO SERGEANT ANDREW THE OPENING OF THE DE YOUNG children. JOSEPH DERRICK MUSEUM f HON. JOE WILSON TRIBUTE TO HISPANICS ACHIEV- OF SOUTH CAROLINA HON. NANCY PELOSI ING AND CELEBRATING EXCEL- IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA LENCE IN THE HOUSE OF REPRESENTATIVES Thursday, October 6, 2005 Thursday, October 6, 2005 Mr. WILSON of South Carolina. Mr. Speak- HON. JAMES P. McGOVERN er, Sgt. Andrew Joseph Derrick of Columbia, Ms. PELOSI. Mr. Speaker, it gives me great OF MASSACHUSETTS South Carolina died in Baghdad, Iraq on Sep- pleasure to announce the reopening and dedi- IN THE HOUSE OF REPRESENTATIVES tember 25, 2005. I am greatly saddened by cation of the de Young Museum in San Fran- Thursday, October 6, 2005 his death and humbled by his sacrifice. As citi- cisco on October 15, 2005. I join with the Mayor and the people of San Francisco in Mr. MCGOVERN. Mr. Speaker, I rise today zens throughout our community continue to cope with this tragic loss, my thoughts and celebrating the new de Young in our vibrant to recognize the achievements of Ms. Lucia arts community. prayers will remain with Sgt. Derrick’s family, Alfaro, Ms. Cristina Cartagena, Ms. Amanda Founded in 1895, the de Young Museum his friends and his fellow service members. Gonzalez, Ms. Genesis Melendez, Ms. has been an integral part of San Francisco’s The following obituary was published in The Daniela Ortiz Bahamonde, Mr. Esteban Golden Gate Park for over 100 years. We State newspaper on Saturday, October 1, Pacheco, Ms. Sylvia Roman, Mr. Enrique San- have the de Young family to thank for estab- 2005. chez, Ms. Elizabeth Zamora, Mr. David Her- lishing this vital center for the arts. M.H. de nandez, Ms. Mayra Jara, Mr. Josue Malaver, Joseph was a loving son, brother and fi- Young was the driving force behind estab- ance. Known for his positive attitude and Ms. Sujeilly Rohena, Ms. Linette Serrano, Mr. playfulness, he was able to uplift the spirits lishing a permanent home for exhibits featured Nolberto Alvarenga, Mr. Angel Amarat, Mr. of everyone he encountered. He was a super- in the California Midwinter International Expo- Eric Familia, Mr. Karl Gonzalez, Ms. Makisha lative soldier and a man of honor and integ- sition of 1894. He set about establishing a di- Rodriguez, Mr. Cruz Rosado, Mr. Benito Vega, rity. As a man of strong Christian faith, he verse and fascinating permanent collection ac- Ms. Katherine Cortes, Ms. Carol Esparza, Mr. was selfless, giving, kind, tenderhearted and cessible to all San Franciscans that he hoped

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00193 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 EXTENSIONS OF REMARKS 22547 one day would become ‘‘the pride of the Gold- THE INTERROGATION ing information on your cell phone that tells en State.’’ PROCEDURES ACT OF 2005 you not only when the bus is scheduled to ar- After sustaining extensive damage in the rive, but also where the bus actually is at any 1989 Loma Prieta earthquake, the de Young HON. JANE HARMAN given moment. In recent years Intelligent Transportation building was closed in 2000 to make way for OF CALIFORNIA Systems have made significant advancements a new and seismically stable home for the IN THE HOUSE OF REPRESENTATIVES towards making these ideas a reality. This in- city’s treasured art collections. Designed to Thursday, October 6, 2005 complement its natural surroundings, the new novative technology is beginning to alter the de Young will allow museum guests and park Ms. HARMAN. Mr. Speaker, last night the transportation sector and has the potential to visitors alike to travel effortlessly from the Senate passed an amendment to the Defense reduce congestion, increase safety, improve park’s pathways to the museum’s entryways Appropriations Act that would establish clear the efficiency of transit and commercial vehi- and the sculpture and children’s gardens sur- guidelines for interrogating prisoners we cap- cles, and reduce the environmental impact of rounding the museum. The new de Young of- ture in war zones or counter-terrorism oper- our growing transportation needs. However, the potential fuel savings from in- fers twice the exhibition space of the old build- ations. telligent transportation systems and the var- ing, doubles its arts education space and pro- The amendment was co-sponsored by ious ways these systems could help con- gramming in the new Hamon Education Tower Sens. MCCAIN, LINDSAY GRAHAM, WARNER, sumers plan their travel and avoid delays is and allows access to a third of the museum HAGEL, GORDON SMITH, and COLLINS and not fully known. That is why I have introduced free of charge. passed overwhelmingly by a vote of 90–9. Today we are introducing a bill which is iden- legislation calling on the Secretaries of Energy In addition to showcasing the permanent tical to the Senate-passed amendment. and Transportation to report on the potential collection, the new building will mean that the Our legislation would clarify that no person benefits associated with using intelligent trans- de Young is once again the Bay Area’s pre- may be subject to torture or cruel, inhuman, portation systems. My legislation will provide mier venue for special exhibitions. The de and degrading treatment—regardless of current and future users of these systems with Young will inaugurate its new special exhi- whether they are Americans, and regardless detailed information regarding potential fuel bition galleries with an ambitious exhibition of whether they are held outside the U.S. (i.e., savings, system costs, universal applicability showcasing objects from Egypt’s Golden Age, in Guantanamo Bay). and evaluation of case studies, best practices, Hatshepsut: From Queen to Pharaoh. The legislation would also mandate that all and emerging technologies from the private Over one hundred objects from this period DOD personnel employ only those interroga- and public sector. will be on view, including treasures from these tion techniques that are authorized by the I believe that we need to further examine conquered territories, ornate royal posses- Army Field Manual. this exciting new technology and its possible sions, and monumental sculptures and reliefs. Interrogations are vital to obtaining intel- applications. I urge my colleagues to support Its groundbreaking design will provide a ligence in the fight against terrorism. But cruel, this legislation. spectacular art habitat for the extensive and inhuman, and degrading treatment violates f diverse collections of the de Young, which will U.S. treaty obligations and undermines our HONORING THE BIRTHDAY OF encompass American painting and decorative moral authority. It has also been shown to be CATHERINE GIVENS RIFENBERG arts, and arts of the Americas, the Pacific Is- ineffective at eliciting actionable intelligence. land, and Africa. The new de Young will Our troops and intelligence personnel have HON. BRIAN HIGGINS present visitors with an exceptional view of the been forced to operate in a ‘‘fog of law’’—a OF NEW YORK distinctions and connections among the art of patchwork of post 9/11 legal memos and poli- IN THE HOUSE OF REPRESENTATIVES different cultures and eras of creativity. cies that appeared to have condoned cruel, in- Thursday, October 6, 2005 I would also like to recognize the work of human, and degrading treatment. Our legisla- Dede Wilsey, President of the Fine Arts Muse- tion would clarify the rules governing interro- Mr. HIGGINS. Mr. Speaker, I rise today to ums of San Francisco’s Board of Trustees. gations so that there can be no doubt what honor the birthday of Catherine Givens Mrs. Wilsey has served as Chairman of the de conduct is authorized. Rifenberg, born Catherine Hanorah Givens on Young’s capital campaign since 1995 and Our legislation has been endorsed by a October 16, 1905 in Holland Center, Ontario, President of the Board of Trustees since 1998. group of 29 retired military officers, including 3 Canada. As Chairman of the capital campaign, she has ‘‘four stars’’—General Joseph Hoar, General Born to Hanorah Kenefick Givens and successfully led the museum in securing over John Shalikashvili, and General Donn Starry. James Givens, Katherine was the youngest of $190 million in funding from nearly 7,000 pri- It has also been endorsed by a broad cross- her six brothers and two sisters: Robert vate donors, making the new de Young the section of civil liberties groups. ‘‘Jack,’’ James ‘‘Ted,’’ Philip, Leo, Albert, Har- largest privately funded cultural gift ever There are some complimentary proposals vey, Mary and Margaret. Catherine and her amassed for the City of San Francisco. Mrs. which may be introduced at a later date. But family faced several tragedies, including the Wilsey mobilized a broad spectrum of support in the meantime, this excellent proposal has early death of their mother and the total de- from trustees, museum members, community momentum and bipartisan support, and we struction by fire to their family home. As a re- leaders and elected officials to support and urge the House to support it. sult, Catherine was raised by her mother’s rel- contribute to the new de Young. f atives, the Kenefick family, and remained in Canada through her early teenage years. Harry S. Parker III, Director for the Fine Arts INTRODUCTION OF THE FUEL SAV- As a young adult, Catherine migrated to the Museums of San Francisco, has spearheaded INGS, SMARTER TRAVEL, EFFI- United States, settling in Detroit, Michigan with the design and collections to be housed in the CIENT ROADWAYS (FASTER) ACT her brother, Albert, and his wife, Ruby, before new de Young. His critical eye, his unwavering moving to Niagara Falls, Ontario, Canada to commitment, and his distinct understanding of HON. RUSH D. HOLT join her sister Mary. Catherine finally moved to art have brought the de Young to its stature in OF NEW JERSEY Buffalo, New York in the mid 1920’s where the world. IN THE HOUSE OF REPRESENTATIVES she continues to live her long, healthy and The de Young and its sister museum, the happy life. Legion of Honor, make up the Fine Arts Muse- Thursday, October 6, 2005 Catherine Givens married Francis Rifenberg ums of San Francisco—the largest public arts Mr. HOLT. Mr. Speaker, I rise today to intro- in 1930 and the two of them spent the greater institution in the City of San Francisco and duce legislation that calls on the Secretary of part of their adult lives together in the Elm- one of the largest and most celebrated arts Energy to examine the potential of intelligent wood Avenue area of Buffalo, an area that museums in the United States. The Museums transportation systems to conserve fuel and Catherine truly loves for its excitement, diver- remain committed to presenting stellar art col- help consumers plan their travel and avoid sity and warmth of the people. She has re- lections for San Franciscans and visitors to delays. sided in the Stuyvesant Apartments for the San Francisco. Today we have a world-class Imagine driving to work and having real-time last twenty years, where she continues to museum, and a national treasure, in our com- information tell you the best route to save 10 cook her own meals and be amazingly self- munity to share with the world. minutes off your commute. Or imagine access- sufficient.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00194 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22548 EXTENSIONS OF REMARKS October 6, 2005 Catherine worked as a waitress for over a renewed commitment to ending the spread HONORING HULET HORNBECK forty-five years in Buffalo. Her genuine love of of HIV/AIDS and ensuring quality of life to people and warm and welcoming ways made those with HIV/AIDS in the Latino community. HON. GEORGE MILLER her a favorite at area restaurants; including, This day of observance is an important oppor- OF CALIFORNIA the renowned, historic ‘‘Kathryn Lawrence’s tunity to bring the community together to focus IN THE HOUSE OF REPRESENTATIVES Tea Room,’’ ‘‘Laube’s Old Spain’’ and ’’The on the current state of HIV/AIDS in Latino Place Restaurant.’’ communities across the nation. Thursday, October 6, 2005 Catherine has kept close contact with her I encourage Latinos and all Americans to Mr. GEORGE MILLER of California. Mr. beloved Givens family offspring living in the learn more about HIV/AIDS prevention, testing Speaker, I rise today to pay tribute to Mr. United States and Canada. Her large family of and treatment. I ask that we remember those Hulet Hornbeck, a long-time friend and strong nieces and nephews and extended family of who have lost their lives to AIDS, show com- advocate for the East Bay Regional Park Dis- three generations fondly refer to her as Aunt passion toward and support for those currently trict in California, on the occasion of his 86th Kitty. Kitty has enjoyed a friendship of over living with the disease, and pray for all families birthday and the dedication of the Hornbeck sixty years with her dear friend Mary Mar- and communities whose lives have been Trail at Carquinez Strait Regional Shoreline. chese and she will happily tell the world that touched in some way. This nation can no The East Bay Regional Park District is be- Dr. Jeremiah O’Sullivan has the answer to all longer afford to close its eyes and avoid the stowing the honor of naming a segment of the her health care needs. impact of HIV/AIDS. Let us commit to elimi- California Hiking and Riding Trail at Carquinez Catherine Givens Rifenberg, residing in the nating HIV/AIDS, not only in the Latino com- Strait Regional Shoreline in recognition of City of Buffalo, will be celebrating her 100th munity, but also from all communities through- Hulet’s many and significant contributions to Birthday on the 16th day of October in the out the country and the world. I urge my col- the East Bay Regional Park District as well as year 2005. I join today with her family and leagues to join me in supporting National to the environmental and trails movement friends from near and far in celebrating this Latino AIDS Awareness Day. throughout the United States. very special occasion. Hulet Hornbeck, a Contra Costa County f f resident, has been a leader in the grassroots citizen’s movement, which resulted in the an- RECOGNIZING THE CONTRIBU- INTRODUCING A RESOLUTION ON nexation of most of Contra Costa County to TIONS OF GERALD K. SUMIDA NATIONAL LATINO AIDS AWARE- the East Bay Regional Park District in 1964. NESS DAY He served the East Bay Regional Park District HON. NEIL ABERCROMBIE as Chief of Land Acquisition from 1965 HON. HILDA L. SOLIS OF HAWAII through 1985 leading land acquisition efforts OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES during one of the Park District’s greatest ex- IN THE HOUSE OF REPRESENTATIVES Thursday, October 6, 2005 pansion period. During this time the Park Dis- Thursday, October 6, 2005 trict grew from 8 parks totaling 13,000 acres to Mr. ABERCROMBIE. Mr. Speaker, I rise 46 parks encompassing 62,000 acres at his Ms. SOLIS. Mr. Speaker, I rise today to in- today to recognize Gerald K. Sumida as he re- retirement in 1985. troduce a resolution supporting the goals and tires after serving nearly 23 years as Program During his tenure with the Park District and ideals of the 3rd National Latino Aids Aware- Director of the Hawaii Senior Companion Pro- continuing over the next 20 years, Hulet was ness Day on October 15, 2005. This is a na- gram (SCP). a leading force in the initiation of the East Bay tional day of awareness and prevention Gerald’s career with the Hawaii state gov- Regional Park District’s regional trail system against HIV/AIDS in the Latino community. ernment began in July 1975, where he worked as well as being an active volunteer advocate The epidemic of HIV/AIDS continues to in the then Corrections Division and the Adult for the acquisition and development of trails have a deleterious effect on minority commu- Services Unit of the then Department of Social locally, nationally and internationally. He has nities nationwide. The Latino community has Services and Housing. On March 16, 1983, he been a life-long conservationist, outdoorsman, been disproportionately affected by AIDS. Ac- began his tenure with SCP and has dedicated and environmentalist who has provided leader- cording to the latest data and statistics from his time and compassion in helping improve ship for such organizations as the California the Centers for Disease Control and Preven- the lives of our beloved kupuna or elders. Conservation Council, the American Hiking tion, Latinos represent 14 percent of the popu- Under the direction of Gerald, the SCP and Society, the National Trails Council, the Mar- lation of the United States but account for 20 the Respite Companion Service Program tinez Land Trust, the Trails and Greenways percent (over 164,000) of AIDS cases nation- (RCSP) have gained the recognition and re- Foundation, American Trails, Heritage Trails ally. AIDS-related illnesses represent the spectability in the aging community. Fund, Amigos de Anza, the California Rec- fourth leading cause of death among Latinos Through Gerald’s guidance the Senior Com- reational Trails Committee, the East Bay Area ages 25 to 44. By the end of 2002, nearly panion Program has expanded its senior com- Trails Council, the American Trails Associa- 88,000 Latinos had died with AIDS. panion services to include Oahu, Hawaii, tion, Solano County Farmlands and Open Latino communities face challenges in their Maui, Molokai, Lanai, and Kauai. Gerald’s tire- Space Foundation, and the San Francisco Bay fight against HIV/AIDS, including cultural stig- less efforts have provided Hawaii the oppor- Chapter of the Sierra Club. ma associated with HIV/AIDS, language bar- tunity to be continually blessed with two feder- I am pleased to have this opportunity to rec- riers, lack of access to adequate healthcare, ally funded programs providing much needed ognize Hulet Hornbeck for his vision and lead- and high poverty levels. I want to highlight services to the frail elderly population. ership in providing trails and regional parks these concerns and also bring together our Through Gerald’s foresight, the SCP and throughout Contra Costa County and con- nation and community towards the commit- RCSP have continued to improve the quality gratulate him on the occasion of his 86th birth- ment of creating new alliances, adopting cul- of life for thousands of frail elderly individuals, day and the naming of the Hornbeck Trail at turally specific and appropriate interventions, and the RCSP has provided hundreds of its Carquinez Strait Regional Shoreline. and advocating for new funding and resources participants the opportunity for unsubsidized f targeted to those communities most adversely employment as ‘‘older workers’’ in today’s affected by this horrible epidemic. workforce. TRIBUTE TO THE LATE MIKLO´ S National Latino AIDS Awareness Day sa- Gerald’s gentle and compassionate nature VA´ SA´ RHELYI, HUNGARIAN PA- lutes the more than 76,000 Latino AIDS sur- has given many elderly low-income individ- TRIOT AND MAN OF PRINCIPLE vivors in the United States and the efforts of uals, with limited resources and command of victims, volunteers, and professionals who the English language, hope and encourage- TOM LANTOS combat AIDS each day. It also recognizes and ment to become productive seniors in the OF CALIFORNIA applauds national and community organiza- community. He will truly be missed at the Ha- IN THE HOUSE OF REPRESENTATIVES tions for their work in promoting awareness waii Senior Companion Program, but I believe about AIDS, providing information, and offer- that he will remain an active member of the Thursday, October 6, 2005 ing treatment to those who suffer from the dis- community. Mahalo nui loa for all of your hard Mr. LANTOS. Mr. Speaker, I invite my col- ease. National Latino AIDS Awareness Day is work, Gerald! Aloha and Imua! leagues in the Congress of the United States

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00195 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 6, 2005 EXTENSIONS OF REMARKS 22549 to join me today in paying tribute to the late colleagues to celebrate the memory of this so far as their human dignity and the rights Miklo´s Va´sa´rhelyi, a Hungarian of great cour- quiet, persistent, and effective man who kept flowing from it are concerned.’’ It also de- age and integrity who played a critically impor- faith with his ideals under the most difficult of plored ‘‘all hatreds, persecutions, displays of tant role before and during the 1956 Hun- circumstances. anti-Semitism directed against Jews at any garian Revolution, and again in the 1970s and f time or from any source.’’ 1980s, in the struggle to transform Hungary Over the past 40 years, there have been from a one-party communist state into a multi- A RESOLUTION THAT COMMEMO- visible triumphs of the spirit and ideals of party democracy. RATES THE 40TH ANNIVERSARY Nostra Aetate. Pope John Paul II took the On October 14, Mr. Speaker, members of OF NOSTRA AETATE message of Nostra Aetate to heart when he Miklo´s Va´sa´rhelyi’s family, friends, and admir- visited a synagogue in Rome in 1986, the first ers will gather in the city that was called HON. RUSH D. HOLT such visit by a Catholic Pope, and again when Fiume, Hungary, when he was born there on OF NEW JERSEY he visited Israel in 2000. But we need to en- October 9, 1917, and which today is Rijeka, IN THE HOUSE OF REPRESENTATIVES sure we carry this message of religious toler- Croatia. They will place a plaque honoring him Thursday, October 6, 2005 ance in our own hearts and in our own daily on the wall of the very house where Mr. lives. We cannot sit idly by while anti-Semitic Va´sa´rhelyi was born. Mr. HOLT. Mr. Speaker, earlier this week comments are made or other forms of reli- Mr. Speaker, I would like to recognize his the Jewish community in the United States gious bigotry and hate are spewed forth. We significant contributions to the cause of free- and around the world celebrated Rosh Hasha- must continue to oppose these forms of hatred dom and democracy. After university studies nah and the start of the Jewish New Year. and support continued interreligious dialogue. in Rome and Debrecen (Hungary), he became With the new year comes a new sense of That is why I have introduced this resolution involved in anti-Fascist political activities. As a hope and optimism that anti-Semitism and reli- today. My resolution: result, he spent two years in a forced labor gious hatred will finally be overcome. October Commemorates the 40th anniversary of battalion during World War II, and he joined also is the start of the Ramadan and month of Nostra Aetate; the anti-Nazi resistance. fasting for Muslims around the globe. Celebrates the historic relationship between From 1953 to 1955, Mr. Va´sa´rhelyi served These events remind us that we need to be Jews, Catholics and other religions worldwide as press secretary to Hungary’s reform-mind- accepting and tolerant of all people and their that has resulted; ed Prime Minister, Imre Nagy. In that capacity, religions. We need also to celebrate our reli- Expresses the need for continued interreli- he successfully fought for more freedom of the gious diversity. It is essential that we encour- gious dialogue and cooperation between all press from central control. During the 1956 age cooperation and dialogue between mem- people of all faiths; and Hungarian Revolution, he again assumed a bers of all religions. Interreligious respect is vi- Condemns anti-Semitism and encourages key role in the Imre Nagy government that tally important in the fight against religious big- the United States to be a leader in ending reli- was established after the uprising broke out. otry. gious intolerance and discrimination world- He was one of three high-ranking officials who Today, I introduced a resolution that com- wide. convinced Prime Minister Nagy to open a dia- memorates the 40th anniversary of Nostra Forty years after Nostra Aetate’s adoption logue with the freedom fighters. Aetate, a hallmark declaration by the Catholic we have a wonderful opportunity to celebrate When the Soviet Union crushed the 1956 Church on religious tolerance and interfaith re- the progress that has occurred in religious co- Revolution, Mr. Va´sa´rhelyi was one of the lations. My resolution also calls for the United operation and tolerance and remind ourselves senior government officials who with Nagy ac- States to continue to condemn and combat of the work that remains to be done. We can, cepted an offer of asylum at the Yugoslav em- anti-Semitism and all forms of religious hatred and we must, continue to strive to be a more bassy. They left the embassy under a guar- and racial bigotry worldwide. tolerant people. Our common humanity de- antee of safety by the Hungarian government, On October 28, 1965, after an over- serves and demands nothing less. but he and the others were immediately whelming vote of 2221 to 88 by the bishops of f seized by Soviet troops and taken to Roma- the Catholic Church, Pope Paul VI issued THE EROSION OF AMERICAN nia. In a secret trial he was given a five-year Nostra Aetate, officially known as the Declara- DENTAL HEALTH STANDARDS prison term, and he remained in prison until tion on the Relationship of the Church to Non- an amnesty in 1960. Christian Religions. Nostra Aetate, for the first In the 1970s and 1980s, Miklo´s Va´sa´rhelyi time in 2,000 years, was an authoritative dec- HON. CHARLIE NORWOOD OF GEORGIA continued the struggle against repression. laration on Catholic-Jewish relations and also IN THE HOUSE OF REPRESENTATIVES Combining courage and personal charm, and on Catholic-interfaith relations. maintaining a unique sense of optimism about Nostra Aetate, ‘‘In Our Time’’ in English, Thursday, October 6, 2005 the future, he was a leader of the democratic opened the doors for interfaith dialogue and Mr. NORWOOD. Mr. Speaker, when this opposition that brought immense changes in respect between Catholics and Non-Christian House passed CAFTA, I objected to provi- 1989. religions. It originally began as a declaration sions that overturn the state licensing stand- In the late 1980s, Mr. Va´sa´rhelyi was the on solely Catholic-Jewish relations but was ex- ards of doctors and dentists. founder of the Hungarian Open Society Foun- panded to include Islam, Hinduism, Buddhism, I was told that my fears—and those of the dation. He was one of the leaders who laid the and other traditional religions. The declaration American Dental Association—were un- groundwork for a vibrant civic society in his that resulted revolutionized attitudes within the founded. country. Christian world towards Jews and members of This, in spite of the fact CAFTA contains He not only worked through the Open Soci- the world’s other religions. It was Pope John clauses that allow foreign dentists to challenge ety Foundation in Hungary, but he became XXIII who initiated the Second Vatican Coun- U.S. licensing standards in international tribu- one of the leading figures in the democratic cil, the event which gave birth to the ‘‘Nostra nals. opposition that began to emerge in the late Aetate’’ declaration, a document that high- Then according to the September 16 San 1980s. In 1990, a grateful nation elected him lighted the Jewish roots of Christianity, in an Antonio Express, we had the CDC ‘‘working to serve in Hungary’s free parliament as a attempt to repair centuries of hostilities be- feverishly’’ to allow Mexican dentists to prac- reprsesentative of the Association of Free tween the two religions. tice in Texas without a Texas Dental license, Democrats. The 40th anniversary of Nostra Aetate is a as part of Hurricane relief efforts. That is so I am pleased to add that Mr. Va´sa´rhelyi was time for all people to become reacquainted easy to do under NAFTA. not only a genuine democrat but also a true with its historic importance and to work for Everyone realizes disaster relief is a unique friend of the United States and of Hungarian- even greater religious tolerance and dialogue. situation. We must also realize that a prece- American cooperation. In Nostra Aetate the Catholic Church for the dent is now set—the U.S. Government stating Mr. Speaker, I welcome the commemorative first time condemned anti-Semitism and other that Mexican health care providers be allowed event that is taking place on October 14 at the forms of religious bigotry. The declaration says to circumvent our state licensing standards. house in Rijeka/Fiume where Miklo´s that ‘‘no foundation therefore remains for any We can fully expect this precedent to be Va´sa´rhelyi was born. I invite my colleagues to theory or practice that leads to discrimination cited in future cases by those CAFTA tribu- join me in commending his family, friends, and between man and man or people and people, nals.

VerDate Sep 11 2014 12:20 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00196 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK16\NO-SSN\BR06OC05.DAT BR06OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 22550 EXTENSIONS OF REMARKS October 6, 2005 Now we also have U.S. citizens without But once again the Federal government has The licenses to practice medicine and den- dental licenses, without even dental degrees, chosen to disagree and set a new precedent tistry throughout our Nation’s history have being allowed to circumvent the state licensing that undermines our historic dental licensing been granted virtually exclusively by the process in Alaska. standards. States, not the Federal government. The Federal government has decided to Mr. Speaker, dental health care quality is Now the Federal government, which has overrule the Alaska Board of Dental Exam- now on a very slippery slope as a result of convoluted and corrupted public health policy iners, and to instead create a new federal li- these federal actions. in countless instances, wants to slither into license—a Dental Health Aide license. We need look no further than our southern censing—then share the spoils in trade agree- According to the September 10 Anchorage border to see where this downhill slide will ments and international tribunals. lead if we continue. Daily News, the Alaska Attorney General has No one can doubt that there will be con- ruled that these new federal regulations pre- In the Mexican border towns, dental care costs less than half of what we pay here in the tinuing harmonization of standards across empt state health licensing laws. many industries with our international trading This allows dental health aides to practice in United States. But according to travel industry warnings, partners. Native Health Clinics with licenses granted by 60% of those performing dental services are But this body needs to resolve that at least the federal Community Health Aide Certifi- not properly licensed or trained, even by Mexi- in health care, the United States will lead that cation Board instead of the State of Alaska. can standards. process, rather than follow. We again recognize a unique situation of re- Accessing quality care under these eroded We should export our standards—the high- mote Native villages. licensing conditions is simply a matter of luck est, the toughest, the noblest in the world— However, as a licensed Dental Surgeon, I of the draw. rather than import incompetence, char- can testify to my colleagues that many of the In spite of the need to improve the overall latanism, infection, and death. procedures performed by dentists are surgical American health care system, there is one Mr. Speaker, we don’t need unqualified den- procedures, which should be performed only thing we can all be proud of—we have the by someone who has graduated from an ac- tal health aides cutting into people in Alaska. highest quality health care in the world. We don’t need to accept Mexican and Gua- credited dental school and is licensed to do so And here is an awesome fact to consider as temalan dental licenses in Texas or Georgia, by their state. to the origins of these unparalleled quality licenses highly likely to have been issued from There is a real need for dental health aides standards. in remote locations for disease prevention and The Federal government didn’t have one the nearest false document mill spawned by il- detection services, and coordinating necessary darn thing to do with them. legal immigration. surgical care with a licensed dentist when They came entirely from the minds and Ironically, this body doesn’t really need to needed. hearts of physicians and dentists, who wanted do anything, other than keep the bureaucrats The ADA and the Alaska Board of Dental to improve the quality of health care delivery of the Federal government and the New World Examiners have supported an expanded role and their professions. Order out of the way of our 50 sovereign for dental health aides in this limited and prop- They did so in the most appropriate way— States. erly coordinated capacity. through the states. And it’s past time we started doing just that.

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