HOUSE of REPRESENTATIVES—Monday, September 12, 2005

19992 CONGRESSIONAL RECORD—HOUSE September 12, 2005 HOUSE OF REPRESENTATIVES—Monday, September 12, 2005

The House met at noon and was lic for which it stands, one nation under God, This is to notify you formally, pursuant to called to order by the Speaker pro tem- indivisible, with liberty and justice for all. Rule VIII of the Rules of the House of Rep- pore (Mr. COLE of Oklahoma). f resentatives, that I have been served with an administrative subpoena for documents f COMMUNICATION FROM THE issued by the U.S. Department of Justice. DESIGNATION OF THE SPEAKER CLERK OF THE HOUSE After consultation with the Office of Gen- PRO TEMPORE The SPEAKER pro tempore laid be- eral Counsel, I have determined that compli- fore the House the following commu- ance with the subpoena is consistent with The SPEAKER pro tempore laid be- the precedents and privileges of the House. fore the House the following communication from the Clerk of the House of Sincerely, Representatives: nication from the Speaker: MICHAEL M. HONDA, OFFICE OF THE CLERK, WASHINGTON, DC, Member of Congress. HOUSE OF REPRESENTATIVES, September 12, 2005. f Washington, DC, September 9, 2005. I hereby appoint the Honorable TOM COLE to act as Speaker pro tempore on this day. Hon. J. DENNIS HASTERT, COMMUNICATION FROM THE CHIEF Speaker, House of Representatives, J. DENNIS HASTERT, ADMINISTRATIVE OFFICER Speaker of the House of Representatives. Washington, DC. DEAR MR. SPEAKER: Pursuant to the per- The SPEAKER pro tempore laid be- f mission granted in Clause 2(h) of Rule II of fore the House the following commu- PRAYER the Rules of the U.S. House of Representa- nication from James M. Eagen III, tives, the Clerk received the following mes- Chief Administrative Officer: The Chaplain, the Reverend Daniel P. sage from the Secretary of the Senate on OFFICE OF THE CHIEF ADMINISTRA- September 9, 2005, at 10:00 am: Coughlin, offered the following prayer: TIVE OFFICER, HOUSE OF REP- That the Senate passed without amend- Lord God, truly eternal and beyond RESENTATIVES, ment H.R. 804. our ability to imagine or measure, dif- With best wishes, I am Washington, DC, August 22, 2005. ficult times bring us to our knees and Sincerely, Hon. J. DENNIS HASTERT, invite us to be one in prayer with our JEFF TRANDAHL, Speaker, House of Representatives, sisters and brothers who are suffering Clerk of the House. Washington, DC. the most during bad days. With loving DEAR MR. SPEAKER: This is to notify you f formally, pursuant to Rule VIII of the Rules affection and active charity, we raise COMMUNICATION FROM THE of the House of Representatives, that I have up to You all the victims of war, ter- been served with a subpoena, issued by the rorism, natural disaster, and injustice. CLERK OF THE HOUSE Circuit Court for Montgomery County, As we pray for the grace and deter- The SPEAKER pro tempore laid be- Maryland, for documents and testimony in a mination to set things right, by Your fore the House the following commu- civil case. holiness, free us from any self-right- nication from the Clerk of the House of After consultation with the Office of Gen- eous judgment of others. Representatives: eral Counsel, I have determined that compliance with the subpoena is inconsistent with Lord, You challenge both the secure OFFICE OF THE CLERK, the privileges and rights of the House, and HOUSE OF REPRESENTATIVES, and the deprived, both the successful the Office of the General Counsel has moved Washington, DC, September 9, 2005. and the indigent. All are called to a to vacate the subpoena. Hon. J. DENNIS HASTERT, conversion of heart. Whether we are ex- Sincerely, Speaker, House of Representatives, horted by circumstances to move be- JAMES M. EAGEN III, Washington, DC. yond the paralysis of complacency or Chief Administrative Officer. DEAR MR. SPEAKER: Pursuant to the per- helplessness or the self-centeredness of mission granted in Clause 2(h) of Rule II of f contentment or anger, all of us are the Rules of the U.S. House of Representa- SENATE BILLS REFERRED called to be holy as You alone are holy. tives, the Clerk received the following mes- In these difficult times, help us to be sage from the Secretary of the Senate on Bills of the Senate of the following grateful, gracious to one another, self- September 9, 2005, at 2:00 p.m.: titles were taken from the Speaker’s That the Senate passed S. 1250. table and, under the rule, referred as giving and creative as well as practical That the Senate passed S. 1339. in our desire to be one and at peace That the Senate passed S. 1340. follows: now and forever. Amen. That the Senate passed S. 1415. S. 1250. An act to reauthorize the Great With best wishes, I am f Ape Conservation Act of 2000; to the Com- Sincerely, mittee on Resources. THE JOURNAL JEFF TRANDAHL, S. 1339. An act to reauthorize the Junior The SPEAKER pro tempore. The Clerk of the House. Duck Stamp Conservation and Design Pro- Chair has examined the Journal of the f gram Act of 1994; to the Committee on Re- sources. last day’s proceedings and announces COMMUNICATION FROM THE HON- S. 1415. An act to amend the Lacey Act to the House his approval thereof. ORABLE MICHAEL M. HONDA, Amendments of 1981 to protect captive wild- Pursuant to clause 1, rule I, the Jour- MEMBER OF CONGRESS life and make technical corrections; to the nal stands approved. Committee on Resources. The SPEAKER pro tempore laid be- f fore the House the following commu- f PLEDGE OF ALLEGIANCE nication from the Honorable MICHAEL ADJOURNMENT The SPEAKER pro tempore. The M. HONDA, Member of Congress: The SPEAKER pro tempore. Without Chair will lead the House in the Pledge CONGRESS OF THE UNITED STATES, objection, the House stands adjourned of Allegiance. HOUSE OF REPRESENTATIVES, until 12:30 p.m. tomorrow for morning The SPEAKER pro tempore led the August 17, 2005. hour debates. Hon. J. DENNIS HASTERT, Pledge of Allegiance as follows: Speaker, House of Representatives, There was no objection. I pledge allegiance to the Flag of the Washington, DC. Accordingly (at 12 o’clock and 5 min- United States of America, and to the Repub- DEAR MR. SPEAKER: utes p.m.), under its previous order, the

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 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 12, 2005 CONGRESSIONAL RECORD—HOUSE 19993 House adjourned until tomorrow, Tues- Chemical Demilitarization Program (CDP) 3791. A letter from the White House Liai- day, September 13, 2005, at 12:30 p.m., as of September 30, 2004, pursuant to 50 son, Department of Education, transmitting for morning hour debates. U.S.C. 1521(g); to the Committee on Armed a report pursuant to the Federal Vacancies Services. Reform Act of 1998; to the Committee on f 3780. A letter from the Acting Director, De- Government Reform. EXECUTIVE COMMUNICATIONS, fense Security Cooperation Agency, trans- 3792. A letter from the White House Liai- ETC. mitting pursuant to Section 62(a) of the son, Department of Education, transmitting Arms Export Control Act (AECA), notifica- a report pursuant to the Federal Vacancies Under clause 8 of rule XII, executive tion concerning the Department of the Reform Act of 1998; to the Committee on communications were taken from the Navy’s proposed lease of defense articles to Government Reform. Speaker’s table and referred as follows: the Government of India (Transmittal No. 3793. A letter from the White House Liai- son, Department of Education, transmitting 3770. A letter from the Acting Assistant 04-05); to the Committee on International a report pursuant to the Federal Vacancies Secretary for Legislative Affairs, Depart- Relations. 3781. A letter from the Deputy Director, Reform Act of 1998; to the Committee on ment of State, transmitting a report on U.S. Defense Security Cooperation Agency, trans- Government Reform. military personnel and U.S. individual civil- mitting pursuant to the reporting require- 3794. A letter from the Chief, Regulations ians retained as contractors involved in sup- ments of Section 36(b)(5)(A) of the Arms Ex- and Administrative Law, Department of porting Plan Colombia, pursuant to Public port Control Act (AECA) as amended, Trans- Homeland Security, transmitting the De- Law 106–246, section 3204 (f) (114 Stat. 577); to mittal No. 0B-05, relating to enchancements partment’s final rule—Safety Zone; the Committee on Armed Services. Assawoman Bay, Ocean City, MD [CGD05-05- 3771. A letter from the Acting Under Sec- or upgrades from the level of sensitivity of 071] (RIN: 1625-AA00) received August 25, 2005, retary for Acquisition, Technology and Lo- technology or capability described in Sec- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- gistics, Department of Defense, transmitting tion 36(b)(1) AECA,as amended certification mittee on Transportation and Infrastruc- the Selected Acquisition Reports (SARs) for 02-33 on 25 July 2002; to the Committee on ture. the quarter ending June 30, 2005, pursuant to International Relations. 3782. A letter from the Deputy Director, 3795. A letter from the Chief, Regulations 10 U.S.C. 2432; to the Committee on Armed Defense Security Cooperation Agency, trans- and Administrative Law, Department of Services. mitting pursuant to the reporting require- Homeland Security, transmitting the De- 3772. A letter from the Acting Under Sec- ments of Section 36(b)(1) of the Arms Export partment’s final rule—Safety Zone: retary for Acquisition, Technology and Lo- Control Act, as amended, Transmittal No. 05- Nansemond River, Suffolk, Virginia [CGD05- gistics, Department of Defense, transmitting 29, concerning the Department of the Air 05-038] (RIN: 1625-AA00) received August 25, the Department’s report on the amount of Force’s proposed Letter(s)of Offer and Ac- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the purchases from foreign entities for Fiscal ceptance to Turkey for defense articles and Committee on Transportation and Infra- Year 2004, pursuant to Public Law 104–201, services; to the Committee on International structure. section 827 (110 Stat. 2611); to the Committee Relations. 3796. A letter from the Chief, Regulations on Armed Services. 3783. A letter from the Deputy Director, and Administrative Law, Department of 3773. A letter from the Chairman, Defense Defense Security Cooperation Agency, trans- Homeland Security, transmitting the De- Base Closure and Realignment Commission, mitting pursuant to the reporting require- partment’s final rule—Safety Zone: East transmitting certified materials supplied to ments of Section 36(b)(1) of the Arms Export River, Mathews, VA [CGD05-05-042] (RIN: the Commission, pursuant to Public Law 101– Control Act, as amended, Transmittal No. 05- 1625-AA00) received August 25, 2005, pursuant 510, section 2903(d)(3) (104 Stat. 1812); to the 21, concerning the Department of the Navy’s to 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Armed Services. proposed Letter(s)of Offer and Acceptance to Transportation and Infrastructure. 3774. A letter from the Acting Director, De- Kuwait for defense articles and services; to 3797. A letter from the Chief, Regulations fense Procurement and Acquisition Policy, the Committee on International Relations. and Administrative Law, Department of Department of Defense, transmitting the De- 3784. A letter from the Acting Assistant Homeland Security, transmitting the De- partment’s ‘‘Major’’ final rule—Defense Fed- Secretary for Legislative Affairs, Depart- partment’s final rule—Safety Zone: Chesa- eral Acquisition Regulation Supplement; ment of State, transmitting a Memorandum peake Bay, James River, Williamsburg, VA Radio Frequency Identification [DFARS of Justification under section 451 of the For- [CGD05-05-045] (RIN: 1625-AA00) received Au- Case 2004-D011] received September 8, 2005, eign Assistance Act of 1961 for the use of gust 25, 2005, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- funds for counterdrug and police programs in 801(a)(1)(A); to the Committee on Transpor- mittee on Armed Services. Haiti; to the Committee on International Re- tation and Infrastructure. 3775. A letter from the Under Secretary for lations. 3798. A letter from the Chief, Regulations Acquisition, Technology and Logistics, De- 3785. A letter from the Acting Assistant and Administrative Law, Department of partment of Defense, transmitting certified Secretary for Legislative Affairs, Depart- Homeland Security, transmitting the De- materials supplied to the Defense Base Clo- ment of State, transmitting pursuant to sec- partment’s final rule—Safety Zone: Atlantic sure and Realignment Commission, pursuant tion 36(c) of the Arms Export Control Act, Ocean, Norfolk, VA [CGD05-05-053] (RIN: 1625- to Public Law 101–510, section 2903(c)(6) and certification regarding the proposed license AA00) received August 25, 2005, pursuant to 5 2914(b)(1); to the Committee on Armed Serv- for the export of defense equipment to the U.S.C. 801(a)(1)(A); to the Committee on ices. Government of South Korea (Transmittal Transportation and Infrastructure. 3776. A letter from the Under Secretary for No. DDTC 029-05); to the Committee on Inter- 3799. A letter from the Chief, Regulations Acquisition, Technology and Logistics, De- national Relations. and Administrative Law, Department of partment of Defense, transmitting certified 3786. A letter from the White House Liai- Homeland Security, transmitting the De- materials supplied to the Defense Base Clo- son, Department of Education, transmitting partment’s final rule—Safety Zone; Biloxi sure and Realignment Commission, pursuant a report pursuant to the Federal Vacancies Ship Channel, Biloxi, MS [COTP Mobile-05- to Public Law 101–510, section 2903(c)(6) and Reform Act of 1998; to the Committee on 008] (RIN: 1625-AA00) received August 25, 2005, 2914(b)(1); to the Committee on Armed Serv- Government Reform. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ices. 3787. A letter from the White House Liai- mittee on Transportation and Infrastruc- 3777. A letter from the Under Secretary for son, Department of Education, transmitting ture. Acquisition, Technology and Logistics, De- a report pursuant to the Federal Vacancies 3800. A letter from the Chief, Regulations partment of Defense, transmitting certified Reform Act of 1998; to the Committee on and Administrative Law, Department of materials supplied to the Defense Base Clo- Government Reform. Homeland Security, transmitting the De- sure and Realignment Commission, pursuant 3788. A letter from the White House Liai- partment’s final rule—Safety Zone; St An- to Public Law 101–510, section 2903(c)(6) and son, Department of Education, transmitting drews Bay, Panama City, FL [COTP Mobile- 2914(b)(1); to the Committee on Armed Serv- a report pursuant to the Federal Vacancies 05-009] (RIN: 1625-AA00) received August 25, ices. Reform Act of 1998; to the Committee on 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the 3778. A letter from the Secretary, Depart- Government Reform. Committee on Transportation and Infra- ment of Defense, transmitting a letter on the 3789. A letter from the White House Liai- structure. approved retirement of General John P. son, Department of Education, transmitting 3801. A letter from the Chief, Regulations Jumper, United States Air Force, and his ad- a report pursuant to the Federal Vacancies and Administrative Law, Department of vancement to the grade of general on the re- Reform Act of 1998; to the Committee on Homeland Security, transmitting the De- tired list; to the Committee on Armed Serv- Government Reform. partment’s final rule—Safety Zone; GICW ices. 3790. A letter from the White House Liai- MM60 to GICW MM90, Longbeach, MS to Bi- 3779. A letter from the Assistant Secretary son, Department of Education, transmitting loxi, MS [COTP Mobile-05-011] (RIN: 1625- of the Army for Acquisition, Logistics and a report pursuant to the Federal Vacancies AA00) received August 25, 2005, pursuant to 5 Technology, Department of Defense, trans- Reform Act of 1998; to the Committee on U.S.C. 801(a)(1)(A); to the Committee on mitting the annual status report of the U.S. Government Reform. Transportation and Infrastructure.

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 19994 CONGRESSIONAL RECORD—HOUSE September 12, 2005 3802. A letter from the Chief, Regulations Washington [CGD13-05-014] (RIN: 1625-AA00) [Filed on September 9, 2005] and Administrative Law, Department of received August 25, 2005, pursuant to 5 U.S.C. Mr. SENSENBRENNER: Committee on the Homeland Security, transmitting the De- 801(a)(1)(A); to the Committee on Transpor- Judiciary. H.R. 3132. A bill to make improve- partment’s final rule—Safety Zone; GICW tation and Infrastructure. ments to the national sex offender registra- MM90 to GICW MM120, Pascagoula, MS to 3811. A letter from the Chief, Regulations tion program, and for other purposes; with Bayou La Batre, AL [COTP Mobile-05-012] and Administrative Law, Department of an amendment (Rept. 109–218 Pt. 1). Referred (RIN: 1625-AA00) received August 25, 2005, Homeland Security, transmitting the De- to the Committee of the Whole House on the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- partment’s final rule—Safety Zone; Supple- State of the Union. mittee on Transportation and Infrastruc- mental In-River Investigation of Ground- DISCHARGE OF COMMITTEE ture. water and Sediment, Willamette River, Port- 3803. A letter from the Chief, Regulations land, Oregon [CGD13-05-019] (RIN: 1625-AA00) [The following action occurred on September 9, and Administrative Law, Department of received August 25, 2005, pursuant to 5 U.S.C. 2005] Homeland Security, transmitting the De- 801(a)(1)(A); to the Committee on Transpor- Pursuant to clause 2 of rule XII the partment’s final rule—Safety Zone; GICW tation and Infrastructure. Committee on Ways and Means dis- MM120 to GICW MM155, Mobile, AL to Gulf 3812. A letter from the Chief, Regulations charged from further consideration. Shores, AL [COTP Mobile-05-013] (RIN: 1625- and Administrative Law, Department of Homeland Security, transmitting the De- H.R. 3132 referred to the Committee of AA00) received August 25, 2005, pursuant to 5 the Whole House on the State of the U.S.C. 801(a)(1)(A); to the Committee on partment’s final rule—Safety Zone; Charles- Transportation and Infrastructure. ton, SC [COTP Charleston 05-065] (RIN: 1625- Union and ordered to be printed. 3804. A letter from the Chief, Regulations AA00) received August 25, 2005, pursuant to 5 and Administrative Law, Department of U.S.C. 801(a)(1)(A); to the Committee on f Homeland Security, transmitting the De- Transportation and Infrastructure. 3813. A letter from the Chief, Regulations partment’s final rule—Safety Zone; GICW PUBLIC BILLS AND RESOLUTIONS MM155 to GICW MM225 Orange Beach, AL to and Administrative Law, Department of Santa Rosa Island, FL [COTP Mobile-05-014] Homeland Security, transmitting the De- Under clause 2 of rule XII, public (RIN: 1625-AA00) received August 25, 2005, partment’s final rule—Safety Zone; Lake bills and resolutions were introduced pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Michigan, Whiting, IN [CGD09-05-025] (RIN: and severally referred, as follows: 1625-AA00) received August 25,2005, pursuant mittee on Transportation and Infrastruc- By Mr. ABERCROMBIE: ture. to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. H.R. 3725. A bill to prohibit the Secretary 3805. A letter from the Chief, Regulations of Transportation from issuing and enforcing and Administrative Law, Department of 3814. A letter from the Chief, Regulations and Administrative Law, Department of certain requirements relating to commercial Homeland Security, transmitting the De- motor vehicle drivers; to the Committee on partment’s final rule—Safety Zone; GICW Homeland Security, transmitting the De- partment’s final rule—Safety Zone; Illinois Transportation and Infrastructure. MM225 to GICW MM350 Santa Rosa Beach, By Mr. PENCE: FL to Aucilla River, FL [COTP Mobile-05- River Mile Marker 87.0 to Mile Marker 89.5, Beardstown, IL [COTP St. Louis-05-003] (RIN: H.R. 3726. A bill to enhance prosecution of 015] (RIN: 1625-AA00) received August 25, 2005, child pornography and obscenity by pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1625-AA00) received August 25, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on strengthening section 2257 of title 18, United mittee on Transportation and Infrastruc- States Code, to ensure that children are not ture. Transportation and Infrastructure. 3815. A letter from the Chief, Regulations exploited in the production of pornography, 3806. A letter from the Chief, Regulations and Administrative Law, Department of prohibiting distribution of child pornography and Administrative Law, Department of Homeland Security, transmitting the De- used as evidence in prosecutions, authorizing Homeland Security, transmitting the De- partment’s final rule—Safety Zone; Intra- assets forfeiture in child pornography and partment’s final rule—Safety Zone; Bayou coastal Waterway Marker 65, Corpus Christi, obscenity cases, expanding administrative Terrebonne Floodgate, Montegut, LA [COTP TX [COTP Corpus Christi-05-002] (RIN: 1625- subpoena power to cover obscenity cases, and Morgan City-05-032] (RIN: 1625-AA00) received AA00) received August 25, 2005, pursuant to 5 prohibiting the production of obscenity, as August 25, 2005, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on well as its transportation, distribution, and 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. sale, and for other purposes; to the Com- tation and Infrastructure. 3816. A letter from the Chief, Regulations mittee on the Judiciary. 3807. A letter from the Chief, Regulations and Administrative Law, Department of and Administrative Law, Department of Homeland Security, transmitting the De- f Homeland Security, transmitting the De- partment’s final rule—Safety Zone; Corpus partment’s final rule—Safety Zone; Gulf-In- Christi Ship Channel, Intracoastal Water- tracoastal Waterway mile 57 to mile 58, West way, Corpus Christi, TX [COTP Corpus Chris- ADDITIONAL SPONSORS of Harvey Locks, Houma, LA [COTP Morgan ti-05-003] (RIN: 1625-AA00) received August Under clause 7 of rule XII, sponsors City-05-074] (RIN: 1625-AA00) received August 25, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to 25, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to were added to public bills and resolu- the Committee on Transportation and Infra- tions as follows: the Committee on Transportation and Infra- structure. structure. 3817. A letter from the Chief, Regulations H.R. 475: Mr. MCDERMOTT, Mr. ANDREWS, 3808. A letter from the Chief, Regulations and Administrative Law, Department of and Mr. MORAN of Virginia. and Administrative Law, Department of Homeland Security, transmitting the De- H.R. 565: Mr. WEINER. Homeland Security, transmitting the De- partment’s final rule—Safety Zone; Intra- H.R. 566: Mr. WEINER. partment’s final rule—Safety Zone; Lower coastal Waterway Marker 65, Corpus Christi, H.R. 887: Mr. MCGOVERN. Mississippi River, Above Head of Passes, TX [COTP Corpus Christi-05-004] (RIN: 1625- H.R. 923: Mr. TANCREDO. Mile Marker 150.0 to Mile Marker 152.0, ex- AA00) received August 25, 2005, pursuant to 5 H.R. 1137: Mr. ROSS. tending the entire width of the river, Bel- U.S.C. 801(a)(1)(A); to the Committee on H.R. 1424: Mr. FITZPATRICK of Pennsyl- mont, LA [COTP New Orleans-05-018] (RIN: Transportation and Infrastructure. vania, Ms. DEGETTE, and Mr. BRADY of Penn- 1625-AA00) received August 25, 2005, pursuant 3818. A letter from the Chief, Regulations sylvania. to 5 U.S.C. 801(a)(1)(A); to the Committee on and Administrative Law, Department of H.R. 1498: Miss MCMORRIS, Mr. MCNULTY, Transportation and Infrastructure. Homeland Security, transmitting the De- and Ms. SLAUGHTER. 3809. A letter from the Chief, Regulations partment’s final rule—Safety Zone; Gulf In- H.R. 1671: Mr. SHUSTER. and Administrative Law, Department of tracoastal Waterway, Mile 357.3 Galveston, H.R. 2017: Ms. SCHAKOWSKY. Homeland Security, transmitting the De- TX [COTP Houston-Galveston-05-0007] (RIN: H.R. 2122: Mr. VAN HOLLEN. partment’s final rule—Safety Zone: Inter- 1625-AA00) received August 25, 2005, pursuant H.R. 2822: Mr. MCCOTTER. national Line Builders Inc. Over Water Cable to 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 2823: Mr. BISHOP of Georgia. Operations, Columbia River [CGD13-05-010] Transportation and Infrastructure. H.R. 2874: Mr. ANDREWS and Mr. LYNCH. (RIN: 2115-AA00) received August 25, 2005, H.R. 2962: Mr. BARROW, Mr. CLAY, Ms. f pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- KAPTUR, Mr. MCCOTTER, Mr. CUMMINGS, Mr. mittee on Transportation and Infrastruc- REPORTS OF COMMITTEES ON HONDA, Ms. GINNY BROWN-WAITE of Florida, ture. PUBLIC BILLS AND RESOLUTIONS and Mr. OBERSTAR. 3810. A letter from the Chief, Regulations H.R. 3268: Mr. BARTLETT of Maryland. and Administrative Law, Department of Under clause 2 of rule XIII, reports of H.R. 3382: Mr. GREEN of Wisconsin. Homeland Security, transmitting the De- committees were delivered to the Clerk H.R. 3706: Mr. WEINER, Mr. PAYNE, Mr. partment’s final rule—Safety Zone: Hydro- for printing and reference to the proper STUPAK, Mr. GONZALEZ, Mr. OWENS, Mr. plane Races, Columbia Park, Kennewick, calendar, as follows: HOLT, and Mr. CROWLEY.

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 12, 2005 CONGRESSIONAL RECORD—SENATE 19995 SENATE—Monday, September 12, 2005

The Senate met at 2 p.m. and was morning business that will extend for Aaron Broussard, president of Jeffer- called to order by the President pro an hour, until 3. At 3, we will resume son Parish, is seeing continual tempore (Mr. STEVENS). consideration of the Commerce- progress. In his words, we are feeding Science-Justice appropriations bill. We more people, we are recovering more PRAYER are prepared for Members to come for- people, the infrastructure is more im- The Chaplain, Dr. Barry C. Black, of- ward to offer their amendments to the proved, we are clearing more roads, we fered the following prayer: bill so that we can complete action have more power—every day more vic- Let us pray. early this week. tories. O God our help in ages past, our hope We reached an agreement to limit Meanwhile, the Federal Government for years to come, on yesterday mil- amendments to the bill, and now is the remains committed to helping shoulder lions remembered our kinship of loss time for Senators to come and debate the burden. To date, Congress has allo- because of September 11, 2001, and we their amendments. There is a vote cated more than $62 billion in aid for paused to acknowledge Your authority scheduled for this evening. At 5:30, we rescue relief and recovery efforts. over our lives. will begin a 1-hour period of debate President Bush has granted the hurri- Without You, we cannot function as prior to a vote at 6:30 on the motion to cane survivors special evacuee status a people or Nation. Without Your proceed to the resolution of dis- which will make it easier for the storm shield of protection, our efforts to de- approval on regulations relating to victims to collect Federal benefits such fend ourselves will fail. Unless You mercury. If that motion is not agreed as food stamps, childcare, and Medicaid bless our Nation, we labor in vain. to, we would return to the Commerce wherever they are in America. FEMA has begun distributing $2,000 Keep us from the arrogance that appropriations bill. If the motion is per household so that the survivors can places its confidence in weapons made agreed to, then we would begin 2 hours start to get back on their feet and by human hands. Infuse us with a na- of debate on the pending resolution. meet their immediate needs. This tional awareness that righteousness ex- Having said that, we will be continuing the appropriations process this week, Congress will continue to clear alts a Nation and sin brings shame. measures to cut redtape and bureau- Today, as Senators work for freedom, week, with many of these bills having disaster-related language. It is impor- cratic tangles to help hurricane vic- give them an awareness of Your abid- tims get the assistance they need. I ex- ing presence and steadfast love. Help tant that we continue to expedite our efforts on all fronts, and therefore we pect the Senate over the week to clear them to remember that those who love legislation making it easier for evac- You are never alone. will be voting throughout the week. In addition to our floor business uees to receive welfare benefits and And, Lord, in these challenging student aid. today, Chairman SPECTER opened the times, bless our military people who We also intend to boost FEMA’s bor- hearings on the nomination of Judge routinely give their tomorrows for our rowing authority from $1.5 billion to Roberts at noon, now 2 hours ago. We todays. We pray in Your mighty Name. $3.5 billion. The national flood insur- will make every effort to not interrupt Amen. ance program administered by FEMA those hearings as we continue our work f is facing its greatest losses in history. on the floor, and therefore we will be PLEDGE OF ALLEGIANCE We need to make sure they have the re- looking to stack votes around lunch- sources they need so that victims re- The PRESIDENT pro tempore led the time each day or later in the evening ceive appropriate, proper, and timely Pledge of Allegiance as follows: throughout the week. payment. I pledge allegiance to the Flag of the f We are also working on ways to spur United States of America, and to the Repub- CLEANUP PROGRESS SINCE private investment in this overall re- lic for which it stands, one nation under God, HURRICANE KATRINA building effort. Katrina is estimated to indivisible, with liberty and justice for all. have swept away over 400,000 jobs. Peo- f Mr. FRIST. Mr. President, I am ple need these jobs, and the Gulf Coast pleased to report that hour by hour, RESERVATION OF LEADER TIME needs to be rebuilt bigger, more mod- day by day, we are making steady ern, and more prosperous so that it can The PRESIDENT pro tempore. Under progress in the rescue and recovery ef- provide economic opportunity. We will the previous order, the leadership time forts in response to the natural dis- continue to press forward with the is reserved. aster witnessed now a week and a half joint hearings announced last week on f ago. As I speak, there are 20,000 Active the preparations for hurricanes and military personnel on the ground, MORNING BUSINESS that immediate disaster response. We along with 50,800 National Guard, 4,000 need to find out what went wrong, The PRESIDENT pro tempore. Under Coast Guard, and 8,900 FEMA respond- what went right, what worked, and the previous order, there will be a pe- ers. There are over 1,000 uniformed what did not. riod for the transaction of morning commissioned public health personnel It is clear that things did not turn business until the hour of 3 p.m., with on the ground as we speak. out as we would like for them to at a the time equally divided. Law and order in New Orleans has response level, at the Federal level, at f been completely restored. Power is the State level, or at the local level. back for most of the city’s central There have been problems at all levels RECOGNITION OF THE MAJORITY business district. City hall has running of government, and we will get to the LEADER water and electricity. The Army Corps bottom of those problems. The PRESIDENT pro tempore. The of Engineers reports that the city will Through it all, America will emerge majority leader is recognized. be completely drained by early Octo- smarter, stronger, and more effective f ber. Hundreds of city engineers have in how we respond to disaster, natural been working around the clock, even and manmade. Nature has dealt a pain- SCHEDULE sleeping on the floors of their pumping ful blow, but America does stand uni- Mr. FRIST. Mr. President, we will stations, to drain the toxic flood fied, and in the past 2 weeks her citi- begin today’s session with a period for waters out of the city. zens have shown tremendous courage,

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

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 19996 CONGRESSIONAL RECORD—SENATE September 12, 2005 generosity, and outpouring of spirit. and are attempting to influence the cumstances, to allow a minor woman Countless people are pouring out their President’s decision on this second Su- to obtain an abortion without her par- hearts, time, and resources, and lit- preme Court nominee. ents’ notification. According to the ar- erally opening their homes to shelter While President Bush unquestionably ticle, Judge Gonzales: and comfort the survivors. There are has the right to nominate the man or . . . wrote that he felt a duty to follow the over 1.1 million people displaced. About woman—I personally hope it is the law without imposing my moral view, even if half of those, or about 500,000, have woman—of his own choosing, and in the ramifications may be personally trou- been displaced to other States than fact the President has earned that bling to me as a parent. those three most affected States. Pri- right by his reelection last November, I In other words, he did what a State vate donations to hurricane relief believe he has the responsibility to se- or Federal Supreme Court Justice is funds have soared to nearly $700 mil- lect someone who would be the choice sworn to do, to decide upon the con- lion. The American Red Cross alone of the vast majority of all Americans, stitutionality of legislation that State has received $500 million in gifts and for this woman or man will be a Su- legislatures or the Congress passes and pledges. Thirty-six thousand Red Cross preme Court Justice for all Americans that Governors or Presidents sign into volunteers are serving in over 675 shel- living today and likely for all Ameri- law, based upon the written State and ters in 23 States. cans yet to come for many years ahead. U.S. Constitutions, regardless of their The Salvation Army has received If confirmed, she or he will take an personal views. If that is considered over $65 million. America’s Second oath of office, as each of us has done, too moderate to be suitable for the Su- Harvest has raised nearly $12 million to uphold the Constitution of this preme Court, then this country is head- and delivered 16 million pounds of food. great country, a 216-year-old document ed for the extreme deep end. The list goes on. These are but a few which still lives today to guarantee On the other side, to prove that the examples. and protect the rights, the freedoms, Attorney General is not too moderate Americans from all across the coun- and the responsibilities of all 290 mil- to be suitable for the Supreme Court, try and all walks of life are asking lion American citizens—not just the his supporters reportedly note that, as what they can do to help. The past 2 majority or the minority, not just Re- President Bush’s White House counsel, weeks stand as a testament to the publicans or Democrats, not just con- he successfully excluded the American depth and strength of our national servatives or liberals, not just Chris- Bar Association from the judicial se- character and civic bonds. Millions of tians, Muslims, or Jews, not just some lection process. That proves he is suit- citizens, millions of Americans, are but all Americans. able? As I said, this political psycho- committed to the care, nurture and That responsibility—of the Presi- drama has taken the bizarre twist of well-being of one another. The rescue dent, of this Senate, and of each Su- Alice in Wonderland, where black is and recovery will continue. The cities preme Court Justice—to all Americans white and up is down; where suitable is and towns all across that Gulf Coast is why I found so disturbing an article unsuitable and unsuitable becomes will be rebuilt. They will reemerge in last Saturday’s Washington Post. suitable, except that this is no play, more modern and more prosperous The front page lead-in said: and these people are not playing than ever before. The Senate will con- In defense of Alberto Gonzales, supporters around. The stakes couldn’t be higher, tinue moving forward on behalf of our counter the idea that the Attorney General and these people are playing for them fellow citizens and on behalf of future is too moderate for the High Court. all. The stakes are the future of the generations who will call the gulf coast Alberto Gonzales, as we all know, is country and all the people, all of the home. the Attorney General of the United people who live in this great United I yield the floor. States and is widely considered to be States of America. The PRESIDENT pro tempore. The one of the President’s most likely con- One conservative activist is quoted in Senator from Minnesota is recognized. sidered nominees to fill this second Su- the Post story: f preme Court vacancy. The Washington You finally get a Republican President a Post story’s headline reads: ‘‘Gonzales real Republican majority in the Senate and NOMINATION OF JOHN ROBERTS is Defended as Suitable for the Court.’’ then you don’t move the country to the TO BE CHIEF JUSTICE OF THE The article begins: right? It would be totally demoralizing to UNITED STATES SUPREME the President’s supporters. Supporters of Attorney General Alberto COURT Gonzales have launched a campaign to rebut First of all, this notion that the U.S. Mr. DAYTON. Mr. President, today criticism that he is not reliably conservative Supreme Court is some liberal bastion the Senate Judiciary Committee began enough to serve on the Supreme Court. is itself bizarre and wrong. Seven of the its hearings on President Bush’s nomi- I find those words bizarre. Accurate, nine Justices on the current Court nation of Judge John Roberts to be the I have no doubt, in portraying a bizarre were named by Republican Presidents. next Chief Justice of the U.S. Supreme situation caused by the bizarre behav- Chief Justice Rehnquist and three As- Court. I remain undecided and open ior of some bizarre people who are—and sociate Justices were nominated by minded, as I believe virtually all of my this is where it becomes frighteningly President Reagan, two by former Presi- colleagues have also stated themselves bizarre—seriously trying to determine dent George W. Bush, one by President to be, about the nominee. I will remain who the President of the United States Ford and two by a Democratic Presi- so until those hearings are complete. will or will not nominate to the U.S. dent, President Clinton. But that com- Nevertheless, I commend President Supreme Court. position of the Court, 7 of 9 nominees Bush for acting swiftly and responsibly It shall not be, they decree, someone by Republican Presidents, that is not to nominate the successor to the very too moderate to be suitable for the Su- enough for the activist zealots. They distinguished and dedicated former preme Court. Too moderate to be suit- believe that some of those Republican Chief Justice William Rehnquist. His able to serve on the U.S. Supreme judicial nominees had become too mod- tragic death, along with the announced Court? What terrible acts of modera- erate, once they were safely confirmed resignation of Justice Sandra Day tion has Attorney General Gonzales and placed on the Supreme Court. O’Connor, has created a second va- committed to make himself unsuitable, Too moderate for them is a judge cancy on the Supreme Court, a vacancy unfit or unqualified? who has independent views. Too mod- for which the President has not yet According to the article, as a justice erate is a judge who has sworn to up- nominated a replacement but may do on the Texas supreme court 5 years hold the Constitution and not to im- so any time in the future. ago, then-Judge Gonzales sided with pose his or her views on that process of So it is not surprising that even the court’s majority in upholding the legislation and enactment into law as while Judge Roberts confirmation constitutionality of a Texas State law prescribed by the U.S. Constitution. hearings are just beginning, many that provided a judicial bypass to allow Too moderate for them means refrain- Americans are already looking ahead a State judge, in exceptional cir- ing from judicial activism, which they

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 12, 2005 CONGRESSIONAL RECORD—SENATE 19997 profess to oppose but in fact oppose Some may be leaning toward sup- week. The act would make changes in only when they disagree with the porting him; others may be leaning law that we need to give survivors Court’s findings. against him. But every Democrat health care, housing, education, and Government is not a Burger King. knows that we need to wait for these personal financial relief. We are trying You are not supposed to all ‘‘have it hearings, the questions and answers, to add these provisions to the Com- your way.’’ People who think getting the statements by Mr. Roberts and the merce, Justice, and Science appropria- their own way all the time, especially independent witnesses before making a tions bill. We had hoped the Senate from the U.S. Supreme Court, is some- final decision. That is the responsible would act on these items promptly, but how a measure of Presidential great- way to approach a nomination such as it appears the majority will use proce- ness are seriously wrong. People who this. dural devices to prevent them from are demoralized if they do not get it all I look forward to hearings, hearings passing or even allowing votes on their own way, especially from the U.S. that I know will be respectful, dig- them. That is unfortunate. Thousands Supreme Court, are dangerously mis- nified, and thorough. I, personally, of survivors still are living on cots in guided. I implore President Bush to have encouraged Judge Roberts to an- the Astrodome and other places, make- rise above his base, as it is described in swer questions fully and forthrightly. shift shelters all across the country. the article. If it is not to be Attorney I, for one, am enormously impressed These victims do not care about Senate General Gonzales, then someone else with Judge Roberts career and his ob- procedures. They know that they need who is moderate and who is therefore vious legal skills. I met him in my of- help now, not more redtape. suitable, who is therefore qualified to fice right across the hall. I believe America can do better, and we Democrats will continue to press serve in this highest Court of the land. I said: How many trials have you had, for action on these items in the days It may not serve the perceived inter- Judge? ahead. The Government turned its ests of some of his misguided sup- He said: None. backs on Katrina’s victims once. We porters, but it will serve the best inter- This man is an appellate advocate. can’t let it happen again. ests of all of his supporters, who are all He has argued nearly two score cases before the U.S. Supreme Court and In addition to votes on the four of us—all of the American people. He is amendments to the Commerce appro- the President of all of us. He was elect- many others at various appellate levels. I enjoyed meeting with him. It was priations bill that we want, we should ed through our process to represent all help victims and help our troops by of us, to be supported when we can, and soon after he was nominated. I saw him last week at the funeral for Justice bringing to this floor the Defense au- ultimately, in the office he serves, by thorization bill. Unlike the Commerce Rehnquist. The only thing that I am all Americans. It is the process for him bill, the Defense bill is an amendable troubled about, and I am troubled, is to nominate and for this body to con- vehicle. Through this bill, the Senate some of the memos he wrote during the firm a U.S. Supreme Court Associate would be able to get legislation here Reagan administration regarding wom- Justice who will also serve, look out now and act on it. The Katrina relief en’s rights and other civil rights issues. for and serve all Americans. emergency matter could be brought be- In more recent years, he appears to I yield the floor and suggest the ab- fore the Senate and we could vote on it have been a thoughtful, mainstream sence of a quorum. to help Katrina victims now. The PRESIDENT pro tempore. The judge on the DC Circuit. I want to give But just as importantly, we need to clerk will call the roll. Judge Roberts an opportunity to con- act on the Defense authorization bill so The assistant legislative clerk pro- vince the Senate, the American people we can get to our troops serving in Iraq ceeded to call the roll. and myself that, as a Supreme Court and Afghanistan and their families the Mr. REID. Mr. President, I ask unan- Justice, he could continue to be a fair, resources and support they deserve. imous consent the order for the evenhanded judge and not revert to his The Defense bill delivers a better qual- quorum call be rescinded. ideological roots that we saw during ity of life, state-of-the-art equipment, The PRESIDENT pro tempore. With- the Reagan years. If he can meet that new housing for our troops, and relief out objection, it is so ordered. The Sen- test, I can support him. If he doesn’t, if for their families. This bill provides ator is recognized. he is not persuasive on that point, I critical health care benefits for guards- f cannot support him. The burden is on men and veterans. It also increases the John Roberts. NOMINATION OF JOHN ROBERTS end strength of the reservists, Army The Supreme Court hearings are like- and Marine Corps, so we can begin to Mr. REID. Mr. President, the Senate ly to dominate the news today, but take steps to relieve the stress of these Judiciary Committee, as we know, has let’s all remember, these hearings are overstretched Active military per- started hearings on the nomination of about whether one man is qualified to sonnel. John Roberts to be the Chief Justice of fill one job. While we carefully weigh This bill should be at the top of our the United States. I am confident that that important decision, I remind all Senate agenda, but I am sorry to say it Chairman SPECTER, Ranking Member my colleagues that, as we speak, there is not. It is hard to comprehend that LEAHY, and the other committee mem- are hundreds of thousands of Ameri- since May this bill has been literally bers will do a good job exploring the cans without jobs, without homes, and languishing. It was reported out of the nominee’s qualifications for the job they are losing hope as a result of our Armed Services Committee in May. We and thoroughly explore his judicial phi- inaction. These are the people in the worked for a couple of days on it here losophy. Gulf Coast region. We must get our pri- on the floor. The Senate was not per- There is much at stake in these hear- orities in line. It has been nearly 2 mitted to complete action on this im- ings. If confirmed, Judge Roberts will weeks since flood waters poured into portant measure. We were working on serve as Chief Justice for the next sev- Louisiana, Mississippi, and Alabama, this bill for a short time in July before eral decades. He will be the head of the and the terrible windstorms hit them. the leader decided to set it aside in third branch of the Federal Govern- That is 2 weeks. Thousands of families favor of the gun liability legislation. ment and the most prominent judge in have gone without shelter, schools for The gun liability legislation is the law. the world. their kids, health care for their inju- It has been signed by the President. The Senate’s duty to render advice ries and the resources they need to The Defense authorization bill should and consent, with respect to his nomi- pick up and move on with their lives. be the law so our troops who are on the nation, is one of the most critical tasks In the Senate, we passed two supple- ground in Iraq and Afghanistan can get we will face in this Congress. I am very mental appropriations bills. That is the help they need and give the fami- happy that no Democrat has prejudged good. It is a start, but it is not nearly lies of the approximately 2,000 men and the Roberts nomination. Not a single enough. Along with Senator LANDRIEU, women who have been killed in Iraq Democratic Senator has stated how my colleagues and I introduced the the knowledge that we are doing some- they will vote on this nomination. Katrina Emergency Relief Act last thing to help the people on the ground

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 19998 CONGRESSIONAL RECORD—SENATE September 12, 2005 and to help the hundreds of thousands year in a row. Incomes dropped again, ations.’’ It is written under the direc- of veterans who have been spawned as and more Americans are going without tion of Air Force GEN Richard Myers, a result of this war. This doesn’t take health care than the year before—al- Chairman of the Joint Chiefs of Staff. into consideration the tens of thou- most a million more than the past year According to the article in the Post, sands who have been injured and without health care. the document is currently available on wounded in this war. Those fighting in Combine these facts and figures with the Pentagon Web site. It describes Iraq deserve it. Those fighting in Af- the images of Katrina—images of the new circumstances might call for pre- ghanistan deserve it. Our veterans de- poorest and neediest among us bearing emptive use of nuclear weapons by this serve it. the brunt of a national tragedy—and country. Americans can do better than this. ask yourself this question: Should we We saw what has happened with re- The Defense bill should be taken off proceed with this budget that was im- spect to a natural disaster in the Gulf the back burner and placed on the moral the night it was passed and even Coast of this country. We saw the dev- front burner right now. more so now, that cuts taxes for the astation of that. Yet that would per- Our troops—I repeat—and the vic- rich and cuts Medicaid by $10 billion, haps be a fraction of the devastation if tims of Katrina are literally crying for cuts food stamps, student loans, and we have a nuclear device go off in one our help. In the days ahead, we will other programs for the neediest among of America’s cities, a terrorist acquir- owe the victims of Katrina and all the us? The answer, of course, is no. We ing a nuclear weapon and detonating it American people something in addition must revisit these priorities in the in one of America’s cities. This country to relief. We will owe them answers. budget resolution. has a responsibility to stop the spread Four years after 9/11, the Government America can do better. We can’t of nuclear weapons, to preach to the was supposed to be prepared for a crisis change the past, but we can change the world that nuclear weapons must never such as Katrina. Yet, as we all saw, the future. We can put the Senate’s prior- again be used. Yet this country is now Federal Government was not, and we ities in line with the American people, developing policies and putting them owe it to the American people to find and there is no excuse not to do that. on the Web that say here is a new ap- out why. I yield the floor. I suggest the ab- proach in which we might use a pre- Today on public radio, they had a sence of a quorum. emptive strike of a nuclear weapon. number of pieces on Katrina, but the The PRESIDING OFFICER (Mr. BEN- If we get the Defense authorization one that stands out in my mind was NETT). The clerk will call the roll. bill back in the Senate soon, we will the story of St. Bernard Parish Presi- The assistant legislative clerk pro- have a debate about the development of dent Henry ‘‘Junior’’ Rodriquez who ceeded to call the roll. a new kind of nuclear weapon, a bunker told of how it took 5 days before any- Mr. DORGAN. Mr. President, I ask buster nuclear weapon, an Earth-pene- body came to help his parish of some unanimous consent that the order for trating bunker buster nuclear weapon. 80,000 people. And the fifth day, did we the quorum call be rescinded. Why? Because this Administration see FEMA coming to help them, or The PRESIDING OFFICER. Without thinks we need a new designer nuclear American troops? No. His first sign of objection, it is so ordered. weapon to bust bunkers. help was the Royal Canadian Mounted Mr. DORGAN. Are we in morning We ought not be building nuclear Police. ‘‘Junior’’ Rodriguez deserves to business? weapons. We ought not build new nu- know why it took so long to get his The PRESIDING OFFICER. The Sen- clear weapons. We have stockpiles of parish help. All Americans should ate is in morning business. The pre- thousands of nuclear weapons, the det- know. vious order provided morning business onation of one of which by a terrorist Americans can do better. When we between 2 and 3 equally between the group would kill thousands, perhaps searched for answers following 9/11, majority and minority. The minority hundreds of thousands, maybe millions Democrats and Republicans came to- has consumed 30 minutes in morning of people. gether and established an independent business. So the Senator, if he wishes The role for this country is to pro- blue ribbon commission that was a to speak, would have to ask unanimous vide world leadership to stop the great success. Too bad we didn’t follow consent to be allowed to speak on the spread of nuclear weapons, not to be all the recommendations. But Demo- majority’s time. talking to the world about conditions crats, Republicans and, most impor- Mr. DORGAN. Mr. President, I ask under which we might use nuclear tantly, the American people embraced consent to speak for 10 minutes in weapons preemptively. It is stark rav- its answers. Senator CLINTON has pro- morning business. ing nuts to be doing this. I cannot un- posed that we need another inde- The PRESIDING OFFICER. Without derstand what they can possibly be pendent commission, and we need it objection, it is so ordered. thinking about. now. The fact is we have American sol- I close by reminding everyone that f diers fighting in the country of Iraq. times have changed. Times are dif- NUCLEAR STRIKE PLAN This Senate authorized the President ferent today than they were 2 weeks Mr. DORGAN. Mr. President, I read to initiate hostile actions against Iraq ago. We now have different priorities an item on the front page of the Wash- based on a substantial body of intel- after Katrina, and our actions in the ington Post yesterday which was both ligence given to us by our intelligence weeks ahead should reflect these new surprising to me and also extraor- organization, most of which turns out priorities. It is not business as usual dinarily disappointing: ‘‘Pentagon Re- to have been absolutely wrong. Dead for the families along the Gulf, and it vises Nuclear Strike Plan.’’ The strat- wrong. Yet we are talking about pre- should not be business as usual for us egy includes preemptive use of nuclear emptive strikes with nuclear weapons. here. weapons. Let me read a portion of this I don’t understand it. Nowhere is this more clear than in If I might, by consent, I will show and describe why I am so dismayed. the budget that is before this body. I something from my desk. Mr. Presi- spoke about that budget the night it The Pentagon has drafted a revised doc- dent, I ask I be permitted to show this. trine for the use of nuclear weapons that en- came before us. I read a letter written visions commanders requesting presidential It is a portion of a wing strut from a to me by the mainline Protestant approval to use them to preempt an attack Soviet Backfire bomber. churches in America. They said please by a nation or a terrorist group using weap- The PRESIDING OFFICER. Without tell everyone this budget which you are ons of mass destruction. The draft also in- objection, it is so ordered. about to pass is immoral. This is cer- cludes the option of using nuclear arms to Mr. DORGAN. Why do I have this in tainly worse than it was then. destroy known enemy stockpiles of nuclear, my desk? We did not shoot this bomber I point out to everyone the results of biological or chemical weapons. down. We sawed the wing off this the recent Census Bureau report which The draft Pentagon document is ti- bomber, paid for with American tax- show that poverty rose for the fourth tled ‘‘Doctrine for Joint Nuclear Oper- payers’ money. Does anyone know

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 12, 2005 CONGRESSIONAL RECORD—SENATE 19999 why? Because of arms control agree- that is just the tip of the iceberg. It is Ms. LANDRIEU. I ask unanimous ments by which we reduced the number unbelievable the amount of waste, consent for 2 minutes for the Senator. of nuclear weapons and the number of fraud, and abuse that is going on. The PRESIDING OFFICER. Without nuclear delivery systems—and that in- And now, when it comes to dealing objection, it is so ordered. cludes missiles, bombers and sub- with Katrina, no-bid contracts, once Ms. LANDRIEU. If the Senator will marines. So I have in the Senate a again, win Katrina work. And we hear yield, I caught the tail end of the Sen- piece of a wing from a Soviet bomber that Halliburton is now getting mil- ator’s comments about Halliburton. Of that used to carry nuclear weapons lions of dollars to do hurricane related course, we have people who work in that would threaten this country. work. I wonder who is minding the Louisiana for Halliburton, but I most How did that happen? Because Sen- store? And when will someone start to certainly understand the Senator’s ators Nunn and LUGAR and others, care? concern if there are these accusations along with President Clinton, working Incidentally, a woman by the name against Halliburton in Iraq. We want to on arms control agreements, had the of Bunnatine Greenhouse was demoted be very careful with our reconstruction foresight to put together a program by last week in the Pentagon. She was the dollars right here at home, that compa- which we reached agreements by which highest ranking civilian ever in the nies we ask to do work are doing good we reduce the number of nuclear weap- Corps of Engineers. She rose to that work, being accountable to the tax- ons and reduce the number of carriers position, getting outstanding reviews payers. of those nuclear weapons. So I have all along the way. And then she spoke As the Senator knows, while it may part of a wing strut from a Backfire up. In the good old boy network, when be hard to track some of this across bomber. they wanted to award no-bid contracts the ocean, it will be easier when it is in I also have ground-up copper wire to Halliburton in Iraq, she spoke up. the United States. I don’t know if the from a Soviet submarine that used to All of a sudden she gets demoted. She Senator would have any suggestions. carry nuclear tipped missiles aimed at spoke up because she said what was Are there other companies that can do this country. going on was scandalous. The Amer- some work along the lines of recon- That is our job. Our job is to reduce ican taxpayer takes a bath as a result struction other than this one com- the nuclear threat. Not use the threat of all of this. pany? Does the Senator know? of nuclear weapons against other coun- Let me tell you what she has told the Mr. DORGAN. In response to the Sen- tries or talk about conditions under Congress. Bunnatine Greenhouse, the ator from Louisiana, I understand in which we would use the nuclear weap- highest ranking civilian employee in circumstances such as this, we will not ons in a preemptive strike. This is the Corps of Engineers, who refused to go out and get bids and ask for 30 days. nuts. sign the no-bid contracts that went We want people in the field working We will start debating this once under a buddy system to Halliburton in quickly. But the fact is we have a lot of again in the Senate. We have these Iraq, says: great companies out there in this coun- folks, and we have plenty of them here, I can unequivocally state that the abuse try with a great ability to mobilize and who want to build new nuclear weap- related to the contracts awarded to KBR move quickly. My only point is, I want ons. They want to start testing the [Halliburton] represents the most blatant the victims of this hurricane to receive ones we have. We do not need to test and improper contract abuse I have wit- help now, immediately. I want the nuclear weapons. We know they work. nessed during the course of my professional American taxpayer to find that help And they want to build new nuclear career. was delivered effectively and effi- weapons, Earth-penetrator bunker For blowing the whistle, she gets de- ciently. I don’t want it running busters. It is exactly the wrong thing moted. This is a woman who has had through people’s hands into people’s for this country to do. outstanding reviews by everyone along pockets where it shouldn’t go. f the way. Ms. LANDRIEU. I hope, Mr. Presi- We have heard from people who dent, as we lay out the rebuilding ef- HURRICANE KATRINA worked for Halliburton who testified forts for the Gulf Coast region and the Mr. DORGAN. Mr. President, over that the managers of this company aftermath of Hurricane Katrina, we the past few days, as we have talked said, When U.S. Government auditors can do better than what the Senator about the heartbreak of the devasta- come, do not dare speak to them. If has spoken about. tion wrought by Hurricane Katrina, I you do, one of two things will happen. On that subject, just for the record, I have noticed that certain firms have You will be fired or we will send you to think maybe the Senator from Lou- been hired now to go in and provide as- the hot spots where there is active isiana, Mr. VITTER, and I would like to sistance. One of the firms is the Halli- fighting in Iraq. submit for the RECORD a list of Lou- burton Corporation. I have held hear- These are people who testified that isiana-Mississippi-based contractors ings in the policy committee about this they are providing food service to that can do great work in the rebuild- company, because there have been nu- American soldiers and routinely serve ing of the Culf Coast region. We under- merous serious allegations of fraud, food, the date stamp of which is ex- stand that Halliburton is a Texas com- waste, and abuse involving it, and yet pired, and they are told by Halliburton pany. We are happy for our Texas coun- none of the Senate’s authorizing com- managers, feed it to them anyway. terparts. As I said, many people in mittees will investigate it. I hope some day, some way, the peo- Louisiana work for Halliburton. I Every time you talk about Halli- ple in Congress who have the capability think we have several thousand people burton someone says, you are criti- to issue subpoenas and hold oversight who do. But I want this Senate to cizing the Vice President because he hearings will finally start doing their know—Senators on both sides of the used to be president of Halliburton. job. We ought not go back to the same aisle—we have a lot of Louisiana and Well, this has nothing to do with the well for the reconstruction with re- Mississippi contractors who can build Vice President. It has to do with the spect to the devastation wrought by houses, et cetera. American taxpayers getting bilked by Hurricane Katrina. The victims of that f a company that is overbilling. I will hurricane need help. They need good not go through the whole list of scan- help. The American taxpayer shouldn’t EXTENSION OF MORNING dals. We have had hearing after hearing be taking a bath while that help is BUSINESS to explore them, because the author- given. The PRESIDING OFFICER. The time izing committees will not. But this is a I yield the floor. for morning business has expired as of company that was paid to feed 42,000 Ms. LANDRIEU. Will the Senator 3 o’clock. The Senator from Louisiana soldiers in Iraq; yet they were only yield? would need to get unanimous consent if feeding 14,000. That means they are The PRESIDING OFFICER. The time she wishes to speak in morning busi- overbilling by 28,000 meals a day. And of the Senator is expired. ness.

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20000 CONGRESSIONAL RECORD—SENATE September 12, 2005 Ms. LANDRIEU. Mr. President, I see One point on that: This is a picture well as the east bank of Jefferson. St. the Senator from Mississippi is in the of New Orleans that was done by the Bernard was still completely under- Chamber. I do not want to interrupt New York Times. I thought it was ex- water the last time I flew over as well. any scheduled business. I was sched- tremely helpful, and I would like to So our work is complicated by having uled to speak in morning business. I take a moment of my short time on the banks and schools not functioning. can take 5 minutes later, after the Sen- floor to show this picture in a larger Shown in this picture, in each one of ator from Mississippi is finished, if he view. these blocks—I know I only have 1 would like to proceed. I do not mind We understand the city of New Orle- minute left—these are schools, these waiting. ans has been particularly hard hit, not green dots. All of these schools have 10 Mr. COCHRAN. Mr. President, if the only by the hurricane but the subse- feet of water in them, every single Senator will yield. quent breaches of the levees that put green dot, except for the ones along the The PRESIDING OFFICER. The Sen- most of the city under 10 feet of water ridge. These are our courts. Most of our ator from Mississippi. for 5 days, 6 days. Even going into ac- courts are not able to function, city or Mr. COCHRAN. Mr. President, it is tually today, the 15th day of this dis- Federal courts. my understanding the Senate was to aster, there is still water in the city, Our police stations are underwater, return to the consideration of H.R. which is being pumped out now that which is why some of our police were 2862, the Commerce-Justice-Science ap- the levees have been fixed. But the not able to function as well as they propriations bill at 3 o’clock. water is still not completely gone. would under normal circumstances. The PRESIDING OFFICER. That is In addition, in the picture you can But I am pleased to report, after hear- the previous order. It would require see Jefferson Parish. I am going to try ing from Chief Compass today, not one unanimous consent to allow morning to provide an update of that tomorrow. commander of the New Orleans police business to continue beyond 3 o’clock. Over here is St. Bernard Parish. Again, force left his post, even though 80 per- Mr. COCHRAN. Mr. President, I do I am going to try to provide an update. cent of them have lost their homes. not want to object to the Senator pro- On this side of the lake is St. Tam- Some of them have lost their families. ceeding to discuss whatever she wants many Parish, and I will try to get to As the President said himself, first re- to discuss. I am happy for her to take that in another day or so. sponders have been victims themselves. whatever time she needs to talk about But as Senators come down to view So I thought I would present that this issue that is of great concern to this whole region—not just New Orle- today, to say thank you to the Sen- me, as well as to her. ans but an area of 90,000 square miles, ators for organizing the trip. I know Ms. LANDRIEU. Mr. President, I the Finance Committee is going to an- thank the Senator from Mississippi. I the size of Great Britain, stretching from the Gulf Coast halfway through nounce in just a few minutes some tax ask unanimous consent for 5 minutes, relief opportunities that Senator and then we could proceed to the bill. Louisiana—one thing to note about New Orleans that is still not quite un- GRASSLEY and Senator BAUCUS have Mr. COCHRAN. Mr. President, I have worked out. I have worked with them. no objection to the Senator having 5 derstood is this river ridge was the high part of the original city. As you Senator VITTER and others have minutes. worked to put that together. We are The PRESIDING OFFICER. The Sen- know, before we had concrete highways, the highways we built this Na- very pleased more help is on the way. ator from Louisiana is recognized for 5 Mr. President, I appreciate Senator minutes in morning business. tion on were our rivers. So this city, COCHRAN giving me the opportunity to Ms. LANDRIEU. I thank the Pre- being one of the oldest in the Nation, speak for a few minutes about those siding Officer. was built on this river. points. I will try to get to the floor f Amazingly and thankfully, the areas close to the river are not underwater, sometime tomorrow for the same rea- HURRICANE KATRINA which is this whole ridge. The French son. Ms. LANDRIEU. Mr. President, today Quarter has stayed pretty much high Thank you, Mr. President. is day 15 of Hurricane Katrina, which and dry, even the Lower Garden Dis- f has devastated the southeastern part of trict. Some of the poorer areas along CONCLUSION OF MORNING Louisiana and parts of Mississippi and Tchoupitoulas Street are, thank God, BUSINESS some parts of Alabama and other out of the water all along the river The PRESIDING OFFICER (Mr. States. I have come to the floor, just ridge. The west bank has been spared THUNE). Morning business is closed. for a few minutes, to give a few brief where we want to build our Federal remarks—some on a positive note as to city complex. We now know it is a good f some positive things that are taking place because it is a highland area and MAKING APPROPRIATIONS FOR place, and then some which are descrip- a good place to build. SCIENCE, THE DEPARTMENTS OF tive detail as Senators, both Repub- But this entire city—eastern New Or- STATE, JUSTICE, AND COM- licans and Democrats, begin to build leans, which is a middle-income neigh- MERCE, AND RELATED AGEN- ideas for the rebuilding of this great re- borhood of White and Black citizens, as CIES FOR FISCAL YEAR 2006 gion. well as some poor, very poor; and the The PRESIDING OFFICER. Under First, let me say how pleased I am Lower Ninth Ward—this is where the the previous order, the hour of 3 p.m. that a group of Senators will be coming Lower Ninth Ward is—Gentilly, which having arrived, the Senate will resume down to the region on Friday. Details is a middle-income neighborhood of consideration of H.R. 2862, which the of that trip will be announced, but Sen- Black and White citizens; the Bywater clerk will report. ators from Mississippi and Louisiana neighborhood; Mid-City; Lakeview, The legislative clerk read as follows: have suggested that some of our col- which is predominantly White but very A bill (H.R. 2862) making appropriations leagues come down and see firsthand integrated in some parts and very high for Science, the Departments of State, Jus- the devastation. Not wanting to use as- income—is completely underwater. tice, and Commerce, and related agencies for sets that were being required for search Then, of course, there is the midpart of the fiscal year ending September 30, 2006, and and rescue, now that phase is almost the city, which is low. for other purposes. completed, and it is appropriate for So as our Senators come in, they will Pending: Senators to come down. I understand literally see what looks like Noah’s Lincoln amendment No. 1652, to provide for Senator REID and Senator FRIST are or- Ark, looks like something of Biblical temporary Medicaid disaster relief for sur- ganizing that trip with some of the proportions. Maybe the water will have vivors of Hurricane Katrina. Dayton amendment No. 1654, to increase Senators here. Senator VITTER and I gone down by Friday. They are pump- funding for Justice Assistance Grants. and others look forward to getting ing it out quite fast. But just to get Biden amendment No. 1661, to provide them down on the ground to show them some sense, the entire city—poor areas emergency funding for victims of Hurricane the breadth of the devastation. and wealthy areas—is underwater, as Katrina.

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 12, 2005 CONGRESSIONAL RECORD—SENATE 20001 Sarbanes amendment No. 1662, to assist the committee’s bill. It touches a wide The PRESIDING OFFICER. Without victims of Hurricane Katrina with finding range of interests and concerns, and it objection, it is so ordered. new housing. is very important for us to complete The amendment is as follows: Dorgan amendment No. 1665, to prohibit this bill as soon as we can so these (Purpose: To make available, from amounts weakening any law that provides safeguards otherwise available for the National Aero- from unfair foreign trade practices. agencies and departments can make nautics and Space Administration, Sununu amendment No. 1669, to increase their plans for activities that will be $906,200,000 for aeronautics research and de- funding for the State Criminal Alien Assist- funded in this bill at the beginning of velopment programs of the National Aero- ance Program, the Southwest Border Pros- the next fiscal year. That next fiscal nautics and Space Administration) ecutors Initiative, and transitional housing year starts October 1. for women subjected to domestic violence. In September of every year, a lot of On page 170, between lines 9 and 10, insert Lieberman amendment No. 1678, to provide pressure is put on the appropriations the following: SEC. 304. Of the amounts appropriated or financial relief for individuals and entities process. In order for us to discharge affected by Hurricane Katrina. otherwise made available by this title under our responsibility with the administra- the heading ‘‘NATIONAL AERONAUTICS AND The PRESIDING OFFICER. The Sen- tion, sharing with the administration SPACE ADMINISTRATION’’, $906,200,000 shall be ator from Mississippi. decisions about the emphasis that available for aeronautics research and devel- Mr. COCHRAN. Mr. President, I am ought to be placed on programs and ac- opment programs of the National Aero- pleased the Senate is now able to re- tivities, we have an obligation to do nautics and Space Administration. turn to the consideration of H.R. 2862, our work and to do it in a timely fash- Mr. DEWINE. Mr. President, I rise the Commerce-Justice-Science appro- ion. That is why I come to the floor today to join with Senators ALLEN, priations bill. today with a sense of some urgency. I MURRAY, WARNER, and VOINOVICH in an This is the third day of consideration hope to communicate that to all of our effort to maintain our Nation’s com- of this important bill. Subcommittee colleagues in the Senate. mitment to vital aeronautics research. Chairman SHELBY and the distin- The House has completed action on We are offering this amendment to re- guished Senator from Maryland, Ms. most of its bills, and they are awaiting store the aeronautics research & devel- MIKULSKI, have made good progress in conference with the Senate to work out opment program to last year’s level of the handling of this bill. The bill re- any differences or disagreements that $906 million. ported by the committee will assure we may have with the House on the ap- For decades, NASA has conducted a the funding of many programs and ac- propriate levels of funding or the cat- wide array of aeronautics research pro- tivities of the Federal Government egories of interest in terms of their pri- grams that have helped ensure our eco- that are under the jurisdiction of this orities over others in the Federal Gov- nomic and military security and revo- subcommittee. ernment. lutionize the way we travel. NASA’s The allocation we made to this sub- This is a day when any votes that are work in aeronautics has captured the committee enabled us to restore fund- going to occur will occur late in the spirit of the Wright Brothers, spawning ing for State and local law enforcement day. I understand we have a vote in the generation after generation of grants, as well as have increased fund- Senate at 6:30 this evening. So I hope progress. The amendment before us ing for programs of the National Oce- Senators will undertake to come and will help make certain that progress anic and Atmospheric Administration. present us with any suggestions they continues in the coming fiscal year. Because this bill is now at the upper may have about changes in this bill or The impact of NASA’s work is wide- limit of the subcommittee’s allocation, any disagreements in the policy re- spread. The U.S. aviation industry sup- any amendments adopted to the bill flected in the appropriations process in ports over 11 million jobs and contrib- will require reductions below the level this bill so we can debate them and dis- utes $1 trillion in economic activity. of funding in other programs. cuss them and make changes, if that is Our airlines carry 750 million pas- Now is the time for Senators to come the will of the Senate, and then have sengers per year, with that number ex- to the floor to discuss the bill or offer an opportunity to negotiate those pected to grow to a billion within 15 amendments. It is my understanding changes on behalf of the Senate with years. We ship 52 percent of our exports from the leader that any amendments our colleagues from the other body. by air, and in fact, the aviation indus- requiring a rollcall vote will be voted Mr. President, I suggest the absence try contributes more to the U.S. bal- on tomorrow. It is my hope we can of a quorum. ance of trade than any other domestic complete action on this bill tomorrow. The PRESIDING OFFICER. The manufacturing industry. The end of the fiscal year is near. We clerk will call the roll. Yet unfortunately, we are at grave have the responsibility to send this bill The legislative clerk proceeded to risk of losing the staff, facilities, and to conference as soon as we can. call the roll. expertise necessary to continue Mr. DEWINE. Mr. President, I ask To remind Senators of the impor- NASA’s aeronautics programs. We are unanimous consent that the order for tance of completing action on this bill, at risk of essentially allowing the first this committee is one of those commit- the quorum call be rescinded. The PRESIDING OFFICER. Without ‘‘A’’ in NASA—the one that stands for tees that was newly created after the objection, it is so ordered. aeronautics—to die over the next sev- reorganization of the Appropriations Mr. DEWINE. Mr. President, I ask eral years. We are at risk and we better Committee that was begun in the unanimous consent that the pending pay attention. House of Representatives. We created amendment be laid aside. The bill we have before us now is a this committee to manage the funding The PRESIDING OFFICER. Without good bill, and I want to congratulate for the Departments of Commerce, Jus- objection, it is so ordered. Chairman SHELBY and Ranking Mem- tice, the National Oceanic and Atmos- AMENDMENT NO. 1671 ber MIKULSKI on their hard work in pheric Administration, the National Mr. DEWINE. Mr. President, I call up meeting so many needs with a very Aeronautics and Space Administration, amendment No. 1671 and ask for its im- tough and tight budget allocation. One the National Science Foundation, and mediate consideration. thing the bill does not include, how- a number of independent agencies and The PRESIDING OFFICER. The ever, is a specific reference to aero- commissions, including the Office of clerk will report. nautics funding. the U.S. Trade Representative, the Se- The legislative clerk read as follows: Nonetheless, we know of NASA’s curities and Exchange Commission, the The Senator from Ohio [Mr. DEWINE], for plans for aeronautics from its fiscal Small Business Administration, the himself, Mr. VOINOVICH, Mr. ALLEN, Mr. WAR- year 2006 budget request. We know that Federal Trade Commission, and the NER, and Mrs. MURRAY proposes an amend- the agency intends to reduce overall Federal Communications Commission. ment numbered 1671. aeronautics funding by $54 million So all of the activities and programs Mr. DEWINE. Mr. President, I ask from the previous year, a cut of over and work of those agencies and depart- unanimous consent that the reading of $200 million from 2004. In fact, the 2006 ments are contained in this sub- the amendment be dispensed with. Budget shows aeronautics programs

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20002 CONGRESSIONAL RECORD—SENATE September 12, 2005 facing a nearly one-third cut in the sure our national competitiveness in New Orleans and the surrounding par- next 5 years for aeronautics. That is civil and military aerospace, and it de- ishes. They kept asking me questions I simply not acceptable. serves the Senate’s support. certainly could not answer: What hap- What will the practical consequences I will be back on the floor later to pened to the buses that were supposed of these cuts be? The cuts mean that talk more about this amendment, as to pick them up and take them out? subsonic and hypersonic research will my other colleagues will, but at this Why wasn’t there adequate security at be terminated. This is the research point I ask unanimous consent that the the Superdome or the convention cen- that focuses on designing stronger air- amendment be set aside. ter? How come helicopters were flying frames and better engines, technologies The PRESIDING OFFICER (Mr. overhead and never coming to pick that with just a little work can be BURR). Without objection, it is so or- them up? taken from the lab and applied directly dered. This morning I heard on the radio an to aircraft, whether commercial or Mr. DEWINE. I suggest the absence of interview with a gentleman who is the military. As a result, U.S. aerospace a quorum. president of one of the parishes sur- producers will lack access to solid pre- The PRESIDING OFFICER. The rounding New Orleans. I believe his competitive research, while competi- clerk will call the roll. name is ‘‘Junior’’ Rodriguez. Mr. tors abroad benefit from well financed The assistant legislative clerk pro- Rodriguez said he couldn’t get any help efforts, such as the European Union’s ceeded to call the roll. at all. He kept trying to get help and ‘‘Vision 2020’’ program. Mrs. CLINTON. Mr. President, I ask he kept waiting for help and nothing Second, many of the facilities nec- unanimous consent the order for the happened. essary to design and test new aero- quorum call be rescinded. This, as we know now, was a catas- nautics technologies will be closed as a The PRESIDING OFFICER. Without trophe of almost Biblical proportions result of budget shortfalls. Wind tun- objection, it is so ordered. for the people who suffered it: people nels and propulsion test facilities are Mrs. CLINTON. I ask unanimous con- who lost their homes; people who were used by Government, academia, and in- sent the pending amendments be set driven from their homes; the people dustry—often on a pay-for-use basis— aside. who, most tragically, lost loved ones. and require minimal funding to main- The PRESIDING OFFICER. Without Many are still searching for members tain. objection, it is so ordered. of their family whom they have not A recent RAND National Defense Re- AMENDMENT NO. 1660 been able to find since they got on a search Institute study determined that (Purpose: To establish a congressional com- bus or left a home and waded through over 84 percent of these NASA facilities mission to examine the Federal, State, and water. serve strategic national needs, and local response to the devastation wrought I hope we will address this. I believe that the success of the U.S. aerospace by Hurricane Katrina in the Gulf Region of it is a matter that needs to be taken industry relies on NASA’s workforce the United States especially in the States out of politics as usual. I personally of Louisiana, Mississippi, Alabama, and and test facility infrastructure. other areas impacted in the aftermath and don’t want members of the administra- So, these proposed aeronautics cuts make immediate corrective measures to tion whose primary obligation is to the are a double threat to the U.S. aviation improve such responses in the future) people who have been directly affected, industry: On the one hand, they get Mrs. CLINTON. Mr. President, I call who need to be directing and managing NASA out of the business of key aero- up Senate amendment No. 1660, an the relief efforts beginning the rebuild- nautics research areas, and on the amendment establishing an inde- ing process, being diverted from doing other, they will lead to the closure of pendent Katrina commission. so. I respectfully suggest the Presi- the very facilities industry and aca- The PRESIDING OFFICER. The dent’s idea of investigating himself is demia would need to replace that re- clerk will report the amendment. not an adequate recommendation. search. The cuts undermine our na- The legislative clerk read as follows: Similarly, I do not believe Congress should be diverted. We have commit- tional defense by decimating cross-cut- The Senator from New York [Mrs. CLIN- ting technologies used by the Depart- TON], for herself, Ms. STABENOW, Mr. tees already established and their job ment of Defense. The cuts will force CORZINE, Mr. REED, Mr. SALAZAR, Mr. LAU- is to assess and make recommenda- massive layoffs among NASA’s best TENBERG, Mr. JEFFORDS, Mr. SCHUMER, and tions with respect to all of the matters and brightest engineers, and will also Ms. MIKULSKI, proposes an amendment num- pertaining to homeland security, not impact the scores of Americans work- bered 1660. only the potential of terrorist attacks ing for private sector aerospace compa- Mrs. CLINTON. I ask unanimous con- but also natural disasters. Therefore, I nies. These cuts are simply unaccept- sent the reading of the amendment be do believe in an investigation modeled able. dispensed with. on the 9/11 Commission where the We need to step back and re-evaluate The PRESIDING OFFICER. Without President—as in my legislation—ap- where we are with aeronautics re- objection, it is so ordered. points the Chair. He can appoint search, where we want to be in 5, 10, 15 (The amendment is printed in the whomever he wishes. He certainly years, and make a commitment to do RECORD of Thursday, September 8, 2005 made an excellent choice when he ap- what it takes to get us there. A Na- under ‘‘Text of Amendments.’’) pointed former Governor of New Jersey tional Institute of Aerospace, NIA, Mrs. CLINTON. Mr. President, I hope Tom Kean. Then the Democratic and study commissioned by Congress and we will be able to address this impor- Republican leaders appoint the other unveiled earlier this year shows a need tant matter. I believe it is essential for members, to have a 10-member Com- for vastly increased investment within the people who have been directly af- mission with the President and his NASA aeronautics programs. Our fected along the Gulf Coast, and really party obviously having an advantage, amendment does not reach the levels for all Americans, that we have an as is appropriate under the cir- recommended by the NIA report, but it independent commission consisting of cumstances, but appointing people for does move us in the right direction, the people who have no direct involvement whom there is universal respect and same direction that the House of Rep- in either the administration or con- people who can set aside everything, resentatives has taken in its version of gressional activities, similar to what people who are willing to delve into this bill. we had with the 9/11 Commission that I this and ask the hard questions about Our amendment follows directly from believe discharged its responsibility to what happened at all levels of govern- budget language adopted by the Senate the American people with such a high ment, so we can get answers. this year calling for an adequate aero- degree of civic-mindedness and public I think the people who have been nautics investment. We do not cut citizenship. evacuated, the people who have lost space exploration programs to make When I was in Houston last Monday a loved ones, the people who suffered de- this increase. This is a clean, deficit- week ago, I met with a number of the serve answers. But it is not just an ex- neutral amendment that will help en- people who had been evacuated out of ercise in looking backward. I think it

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 12, 2005 CONGRESSIONAL RECORD—SENATE 20003 is essential that we look forward. What Ms. MIKULSKI. Mr. President, the We need to focus now on two things: the 9/11 Commission did was help focus pending business is the Commerce, Jus- Recovery and reform. In moving our our attention on what we should be tice, Science appropriations. As the bill, we want to work on a bipartisan doing, how we should be proceeding to Presiding Officer knows, I am the rank- basis on recovery. There are three Rs be ready, prepared in the face of the ing member. So our colleagues know, to emergency management: Readiness ongoing threats from the terrorists. there are about 20 outstanding amend- and preparedness; and then response, Today we heard about an al-Qaida op- ments. We are busy clearing those— which needs to be swift and effective; erative—we think it is some disaffected Senator SHELBY is on his way to the third is recovery. American who has gone off and joined Senate—that Senator SHELBY and I Recovery is tough. In my home State al-Qaida—who issued the threat that could agree to, so when we do rollcall of Maryland, we have had tornadoes, specifically named Los Angeles. We votes, we hope to have those reduced to we have been hit by Hurricane Isabel, need to be sure we are totally prepared. a minimum, or at least a reasonable when it looked like Baghdad on the We have learned some things, but you number. We will also be awaiting direc- Chesapeake Bay. In no way is this akin can’t learn enough unless you are hon- tion from the leadership, Senator to what has happened to our friends in est enough and out of denial in order to FRIST and Senator REID, as to how we the Gulf. But, still, when it is your conduct a thorough investigation and will proceed tomorrow on rollcall house and your neighborhood, whether let the chips fall where they may. Let’s votes. We believe we have some that it is 3 blocks or 3,000 acres, we want to find answers. I hope we will have an op- will be ready tomorrow to move this work with recovery and do it on a bi- portunity to vote on this amendment. I very important bill expeditiously. partisan basis. invite my friends and colleagues from For those who might not know, this It will take a lot, No. 1, of rebuilding new subcommittee handles all the the other side of the aisle to join with infrastructure so business and people Commerce funding, it handles the fund- us to support this independent Katrina can come back. Things such as water ing for agencies such as NOAA, which commission and to let us get about the supplies have been damaged or con- was so great in telling Americans business, on a very short timetable, of taminated. Roads and bridges need re- about the hurricane. It also has a vari- getting answers we can all then imple- pair in order for commerce to pass ety of provisions that would be very ment. through. helpful to Katrina victims, including I marked the fourth commemoration What comes back? Business, such as small business disaster loans that are the supermarket, or do they wait for of what happened to New York on 9/11. available not only to business but par- the people to come back? We have to be I spent yesterday, as I have in past ticularly small business, as well as res- able to help rebuild those commu- years, with the victims, with the sur- idential homeowners, up to $200,000, nities. We cannot do it without the vivors, with family members, with EDA money, to help local communities help of the private sector. members of the police and fire depart- rebuild, particularly infrastructure. I hope those running Homeland Secu- ments and emergency workers. I could While we are mesmerized by the trag- rity, as well as the President’s good of- not be more proud to represent such edy in New Orleans, we cannot forget fice, would bring to bear the best of extraordinary, heroic people. But, in Mississippi and Alabama and their what we know from our home building speaking especially to our first re- needs for roads and other infrastruc- and construction agency on what we sponder community, they were shaken ture projects, including water supply. can do to marshal the forces for re- by this. We needed Federal help. We did The chairman of the subcommittee, building homes and those neighbor- a heck of a job. We had the greatest po- Senator SHELBY, of course, of Alabama, hoods, particularly the small busi- lice force and fire department—I would and I want to move the bill. We under- ness—everyone knows what I am talk- say in the world, with not just pride stand our leadership, Senator FRIST, is ing about, the dry cleaner, the phar- but with a factual basis. We did a great not going to have rollcall votes during macist, as well as the supermarkets, et job, but we needed help and we got the important Roberts hearings, so we cetera, that are lifeblood. We also will help. But now, 4 years later, we are will work with him to see how to do it. have to rebuild schools for our chil- wondering whether that help would be One of the ways we will work with him dren, as well as coming back with their there if something were to happen to is in how to reduce the number of mom and dad into the safety of a new us. No city, no State should wonder amendments. We are now waiting for home. that. our distinguished Senator from Okla- We also worry that while we are re- I think it is a boost of confidence for homa, Senator COBURN, to join us. We building the Gulf, and rebuild the Gulf people to know we are moving as best know he has something to say on the we must, we do not want to create we can to understand it, but we are bill. shortages in other parts of other coun- unafraid to face whatever the facts This is a new subcommittee that has try. Lumber is already in short supply, might be. That is why we need an inde- been constituted. I used to be the rank- along with other building materials, pendent commission constituted as ing member of a subcommittee that even the talent, the electricians, soon as possible, given the resources to has been dissolved, VA/HUD and Inde- plumbers, contractors. That is why we do its work, and asked to report in as pendent Agencies. Under the ‘‘inde- need a national effort. short a timeframe as possible. pendent agencies,’’ was the important We hope those who are leading Home- I appreciate the opportunity to call agency of FEMA. Now I understand the land Security will now look at the re- up this amendment and I hope there leadership of FEMA, Mr. Brown, has recovery phase while we go through the will be an opportunity to address it and signed. We look to the President to grim task of recovering bodies. We that we will have a strong vote on both give us a topnotch person. We know the have to recover ourselves. What we do sides of the aisle to proceed with this vice admiral of the Coast Guard is now not need to recover, though, because independent commission as soon as in the Gulf. We look at leadership, such we have never lost it, is the spirit of possible. as the wonderful person running Red working together and the spirit that Mr. President, I suggest the absence Cross, RADM Marty Evans, whom I we will be able to do this. of a quorum. knew when she was at the Naval Acad- It is September 12. I remember where The PRESIDING OFFICER. The emy, one of the first women in this we were 4 years ago on September 11. clerk will call the roll. country to make admiral rank. Then Yesterday morning, when I got up to go The assistant legislative clerk pro- she went on to a distinguished career to church, I had this eerie feeling that ceeded to call the roll. running nonprofits and is now with the the weather was exactly the way it was Ms. MIKULSKI. Mr. President, I ask Red Cross, very much in the spirit and on September 11. When I went to unanimous consent that the order for competency of our colleague from church, I wore the jacket that I had on the quorum call be rescinded. North Carolina, Senator ELIZABETH that day. I saved that jacket so I would The PRESIDING OFFICER. Without DOLE. We look forward to that leader- never ever forget what I wore and what objection, it is so ordered. ship. I experienced that day.

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20004 CONGRESSIONAL RECORD—SENATE September 12, 2005 For all of the fear and all of the grief, What did we do? First, we said good- you look at our cities and our larger I remember on the Capitol steps we bye to the Cold War. The Cold War was communities, which are often the sang ‘‘God Bless America.’’ I stood over, except for the Federal bureauc- greatest targets of these international shoulder to shoulder with Senator racy. We said goodbye to the Cold War. predators, these international thugs, LOTT that day, then as the Republican We said that FEMA now had to be a these international terrorists, we have leader, and stand with him today in professional agency; that it needed to to be ready. terms of recovery of his own commu- be headed by someone who had either Just think, New Orleans could have nity. We have to get back to that spirit emergency management experience, been hit by a dirty bomb. New Orleans where we thought we could work to- and actually responded to emergencies, could have been hit by a chemical or gether in this institution, in the House, or comparable experience in the mili- biological attack. New Orleans could and with the people. tary or in private sector with crisis have been hit by bin Laden or Zarqawi On September 12, we want to honor, management. President Clinton gave or whomever, by blowing up the levees. again, pay our respects to those who us James Lee Witt. So the consequences to the city— were killed on September 11, to our Second, we encouraged Governors to whether it is New Orleans or Baltimore wonderful first responders who risked do the same thing at the State level. or a city in California or any city— life and limb to save people. Now we The more they did, the more we could would be the same. We would have to are at it once again. For our first re- help. be ready to respond, and to respond sponders and our responders in the Gulf Third, we said that FEMA had to be- swiftly. Then, of course, we would have now, going through that mercury-con- come an all-hazards agency, it had to the recovery. taminated water, they each have their be ready for a hurricane or tornado. So if we have to evacuate the Capital own risk. But in becoming ‘‘all hazards,’’ it had region, it is the same whether we are They are counting on us to be able to to go to the risk-based strategy. We hit by some natural disaster or preda- work together, bring in the national analyzed what Americans were most tory attack. If we have to evacuate San resources and marshal the private sec- likely to have, particularly in terms of Francisco or LA in California, it is the tor resources, as well as the nonprofit natural disasters. It was tornadoes and same. So the reform comes after the re- resources, so that by the time we get hurricanes, followed of course by earth- covery. Right now, we have to be swift to Thanksgiving we will have been well quakes, though less frequent, severe, and sure in responding to the people on our way. So we look to be able to do and devastating. We then encouraged who need us the most. that. We in Commerce, Justice, and the States to have real plans for evacu- Mr. President, I note the Senator Science look forward to doing our part, ation; that they had to be ready, they from Oklahoma has come to the floor. carrying our heavy lifting. There is no had to have things pre-positioned I ask the Senator if he is prepared to lifting too heavy to help people in our where things were most likely to hap- speak? own country that have been so dev- pen. If you were worried about hurri- Mr. President, I will yield the floor. astated. canes and ‘‘northeasters,’’ you did not Again, I reiterate my pledge for bipar- For everyone working on this out pre-position in Maryland from Alle- tisan support on our recovery efforts. there in the field, the tremendous num- gany County, where we are subjected And I look forward to working on a re- ber of volunteers, the generosity of more to floods. form package with equal bipartisan spirit of the people and, I might add, So, readiness and then recovery. support. the private sector that is marshaling, Readiness, response, and recovery. It I yield the floor. we say thank you. We have a big job to worked very well. The PRESIDING OFFICER. The Sen- do. One of the big jobs we have to do is After September 11, and our desire to ator from Oklahoma. here, working on a bipartisan basis, to be effective and supportive in fighting AMENDMENT NO. 1648 be collegial, to be civil, and to get the the global war against terrorism, Mr. COBURN. Mr. President, I call up job done. amendment No. 1648 on the CJS appro- Let’s ask of ourselves exactly what FEMA was moved to Homeland Secu- rity. I supported that. I felt again that priations bill. we ask the people working down in the The PRESIDING OFFICER. Without Gulf. Let’s not have a slow, sluggish re- was the home of the first responders. That was the home where the local fire objection, the pending amendment is sponse from the Congress. Let’s be ef- set aside. The clerk will report the fective in targeting our resources. departments could apply for protective gear that firefighters needed. amendment. I have a long-range idea I would like The assistant legislative clerk read I now have second thoughts because to share on the idea of reform. When I as follows: was the chairman of VA/HUD, before when FEMA moved to Homeland Secu- rity, it lost its focus, it lost its way, The Senator from Oklahoma [Mr. COBURN] the 1994 Republican Gingrich revolu- proposes an amendment No. 1648. tion, I found that FEMA was a dated and it definitely lost its leadership. I believe the President will focus now on Mr. COBURN. Mr. President, I ask agency. It was focused on the Cold War. unanimous consent that reading of the It was worrying about where to send giving us the right leadership. We have to get a new focus, and this amendment be dispensed with. the Coast Guard if we had a nuclear at- The PRESIDING OFFICER. Without is why I would like to see the Federal tack. It was riddled with staff at Fed- objection, it is so ordered. eral and State levels, with cronies and Emergency Management Agency again The amendment is as follows: become an independent agency that is hacks and people with no experience in (Purpose: To eliminate the funding for the emergency management. an all-hazards agency, goes to the risks Advanced Technology Program and in- When Hurricane Andrew hit Florida facing the American people. There are crease the funding available for the Na- with such enormous devastation, we natural disasters and there are terror- tional Oceanic and Atmospheric Adminis- found Andrew people were doubly vic- ists. We cannot forget there are those tration, community oriented policing serv- timized. They were victimized by the who have a predatory intent against ice, and State and local law enforcement hurricane, and then they were victim- the United States of America and its assistance) ized by the inept approach of FEMA. communities. So we have to be ready On page 170, between lines 9 and 10, I went to work on reform. I worked to respond if they get through the fab- insert the following: with President Bush’s dad—I call him ulous intelligence network that we SEC. 304.(a) Notwithstanding the provisions President Bush 1—and Andy Card, who have to protect us. We want to be in title III under the heading ‘‘NATIONAL IN- is now the President’s Chief of Staff, to ready for that. STITUTE OF STANDARDS AND TECHNOLOGY’’ reform FEMA. We did. Let me tell you Quite frankly, there are those who and under the subheading ‘‘INDUSTRIAL TECH- NOLOGY SERVICES’’, none of the funds appro- we totally reformed FEMA. When say: Well, Senator MIKULSKI, are you priated in this Act may be made available President Clinton came in, he took saying we are going to worry more for the Advanced Technology Program of the that early work that we had begun about tornadoes than terrorists? Abso- National Institute of Standards and Tech- with President Bush 1. lutely not. We have to be ready. But if nology.

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 12, 2005 CONGRESSIONAL RECORD—SENATE 20005 (b) Notwithstanding any other provision of entrepreneurs. What it has been for is million into the COPS Methamphet- this Act, the amount made available in title the major corporations in this country amine Hot Spots Program, and $4.9 III under the heading ‘‘NATIONAL OCEANIC that have billions and billions and bil- million into the National Weather AND ATMOSPHERIC ADMINISTRATION’’ and lions of dollars worth of sales every Service. under the subheading ‘‘OPERATIONS, RE- It is interesting to note, also, that SEARCH, AND FACILITIES’’ for the National year, and billions in profits. Yet we are Weather Service is increased by $4,900,000 now asking the American taxpayer to many of those who oppose this bill are and, of the total amount made available for take 30 to 40 percent of this ATP the ones who seek and have received such purpose under such subheading, money and fund the likes of General the most in terms of the grants from $3,950,000 shall be made available for the Electric, IBM, Motorola, and 3M, just the ATP program. If you look at Cali- Coastal and Inland Hurricane Monitoring to name four. fornia, where Senator FEINSTEIN will be and Prediction Program and $3,950,000 shall The fact is, good ideas will usually supporting this CJS bill, California ac- be made available for the Hurricane and Tor- get funded. There is venture capital all tually received $31 million as an aver- nado Broadcast Campaign. (c) Notwithstanding any other provision of across this country looking for good age from 1990 to 2004. However, with this Act, the amount made appropriated in ideas, private capital that will fund the Byrne JAG Program being reduced, title I under the heading ‘‘OFFICE OF JUSTICE great ideas. In this time of fiscal con- their average of $58 million for that PROGRAMS’’ and under the subheading ‘‘COM- straint, it is time we reprioritize what program will be reduced. MUNITY ORIENTED POLICING SERVICES’’ is in- we do with this money. ATP was created by Congress in 1988 creased by $72,000,000 and, of the total This amendment is intended to take to improve the global competitive posi- amount made available under such sub- the savings from ATP and put it in tion of high-tech industries in the heading, not less than $132,100,000 shall be three different programs. One of the United States. Very few of the things made available for the Methamphetamine that came out of that ATP program ac- Hot Spots program. programs is the Byrne Justice Assist- (d) Notwithstanding any other provisions ance Grants Program, which is mark- counted for the tremendous resurgence of this Act, the amount made appropriated edly needed today in terms of drug in the economic activities of the 1990s. in title I under the heading ‘‘OFFICE OF JUS- courts, in terms of drug busts, in terms Very few of the things have come out TICE PROGRAMS’’ and under the subheading of helping the district attorneys and of the ATP program, although there ‘‘STATE AND LOCAL LAW ENFORCEMENT ASSIST- State attorneys general accomplish the have been some. One in Oklahoma in ANCE’’ is increased by $48,000,000 and, of the very laws we put on the books in front particular, Pure Protein, a company in total amount made available under such sub- my home State, had an ATP program. heading, not less than $578,000,000 shall be of them. It transfers funding to the COPS But they also have venture capital made available for the Justice Assistance funding that would have funded that Grants program. Methamphetamine Hot Spots Program. research anyway. Mr. COBURN. Mr. President, this is There has never been a more devastating drug to our society than Many of the program’s most vocal an amendment to start us down the supporters believe without Federal way of reprioritizing our spending in methamphetamine. It is growing like wildfire. As a matter of fact, attached funding provided by ATP, countless re- this country. search projects would receive no money to this bill is a methamphetamine bill With the events of the last 2 weeks, at all, and that ATP exists to remedy that limits and restricts the sale of the tremendous deficit we face already, the failure of the market to fund re- pseudoephedrine throughout this coun- and the significant problems we face in search and development. There is no try. It is a compromise worked out by this country, especially in terms of evidence, however, that would support many of us on the Judiciary Com- methamphetamine, the Weather Serv- those claims. ice, and the Byrne Justice Assistance mittee, along with Senator TALENT and Time after time, ATP has been shown Grants, this is an amendment that will Senator FEINSTEIN, to put the brakes to fund initiatives that have already eliminate the Advanced Technology on the accessibility of pseudoephedrine been undertaken by the private sector. Program. in the manufacturing of methamphet- Year after year, multibillion-dollar There is no question that the ATP amine. corporations, as noted here, receive has done some good in its history. It It also helps fund the National millions of dollars from ATP. has $140 million in budget authority Weather Service for two hurricane and Regarding the claim that ATP pri- and has, this year, $22.4 million in out- tornado monitoring and broadcast pro- marily funds research that does not al- lays. But there has come a time when grams. Goodness knows, we need that. ready exist in the private sector, the we need to make decisions. One of the Different outlay rates for the different U.S. Government Accountability Office things I have been consistent on in programs result in only $124.9 million found in a 2000 report ATP-funded re- terms of my time in the Senate is in- of the original $140 million being trans- search on handwriting recognition that sisting that we start reprioritizing the ferred. began in the private sector in 1950. things that work and the things that In March, during debate over the GAO found that inherent factors with- do not work. budget resolution, Senator LEVIN of- in ATP made it unlikely that ATP— The Advanced Technology Program fered an amendment supporting ATP. and this is a quote—‘‘can avoid funding was scrutinized at a hearing of the Fed- One of the reasons for that is last year research already being pursued by the eral Financial Management Sub- Michigan got $31 million out of the $140 private sector in the same time pe- committee of the Homeland Security million. I can understand his desire to riod.’’ and Governmental Affairs Committee support that. But I would also note A 2002 report from the Federal Re- this year and had good testimony. I that methamphetamine is a growing serve Bank of Atlanta found that ATP will not demean some of the positive epidemic in Michigan. Law enforce- launched major efforts to fund Internet things that have come from this pro- ment and the Hot Spots Program to tools companies during periods when gram. There is no question certain fund the breaking down, the taking of venture funding was markedly increas- positive things have come from it. children out of areas that have been ex- ing its flow to these sectors. Further- However, GAO and the Comptroller posed to this tremendously derelict more, according to a program assess- General noted that 63 percent of the re- drug that is infecting and ruining the ment and rating tool used by the Office quests for grants through ATP never lives of hundreds of thousands of Amer- of Management and Budget, ATP does sought funds anywhere else. ATP is icans is important. not address a specific need and is not supposed to be the source of last resort It is interesting to note that for designed to make a unique contribu- on technology. every State in the United States, the tion. I have put up a chart to show the average funding from ATP has been The Byrne Justice Assistance Grants, American people who has actually been less than funding for the Byrne JAG through the Edward Byrne Memorial getting the funding. It has not been Program. The results of this will place Justice Assistance Grants, the Bureau small businessmen. It has not been new $48 million additional into the Byrne of Justice Assistance provides leader- ideas, innovation coming from small Justice Assistance Grants Program, $72 ship and guidance on crime control and

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20006 CONGRESSIONAL RECORD—SENATE September 12, 2005 violence prevention and works in part- fact sheet on Ohio, an article by the interdict, and dismantle clandestine drug nership with State and local govern- Cleveland Plain Dealer on the meth laboratories. This amendment would ensure ments to make communities safe and epidemic striking Ohio, a fact sheet on that this program receives the funding it improve the criminal justice system. Virginia, and a fact sheet on Min- needs to tackle the serious problems associated with methamphetamine use and dis- The JAG Program was created in 2004 nesota. tribution. through the merger of two Federal There being no objection, the mate- This amendment also increases funding for grant programs, the Edward Byrne Me- rial was ordered to be printed in the the National Weather Service, and directs morial Drug Control and System Im- RECORD, as follows: the additional funding towards the Inland provement Grant Program and the OHIO FACT SHEET—COBURN AMENDMENT #1648 and Coastal Hurricane Monitoring and Pre- Local Law Enforcement Block Grant TO H.R. 2862 diction program and the Hurricane and Tor- Program. The JAG Program allows This amendment eliminates funding for nado Broadcast Campaign. the Advanced Technology Program (ATP) States and local governments to sup- [From the Plain Dealer, Aug. 7, 2005] port a broad range of activities to pre- and shifts the funding to three separate pro- METH EPIDEMIC STRIKES OHIO vent and control crime and to improve grams: Byrne Justice Assistance Grants (By Mark Gillispie) the criminal justice system. (JAG), Community Oriented Policing Serv- ices (COPS), and the National Weather Serv- The program focuses specifically on A scourge on the West Coast for nearly two ice (NWS). decades, methamphetamine has established a six separate purpose areas: law enforce- Specifically, funding for ATP is reduced by destructive toehold in Ohio, infecting rural ment programs; prosecution and court $140 million, funding for JAG is increased by outposts, big cities and middle-class suburbs programs; prevention and educational $48 million, funding for COPS/Methamphet- and consuming thousands of lives. programs; correction and community amine Hot Spots is increased by $72 million, Like moonshine, but far more addictive, correction programs; drug treatment and funding for NWS is increased by $4.9 mil- methamphetamine is a home-cooked concoc- programs; planning, evaluation, and lion. tion that can be brewed in kitchens, hotel technology improvement. Since 1990, ATP has funneled more than rooms, back yards and trunks of cars. $700 million to Fortune 500 companies that I want to tell you, as a physician, in- And its destructive surge eastward—rein- do not require government assistance. For vigorated by Mexican drug cartels—has been carceration does not solve drug addic- example, GE (revenues of $152 billion in 2004) driven largely by waves of hometown cooks, tion. It makes it worse. Drug treat- has received $91 million from ATP, IBM (rev- who pass the finished drug and their favorite ment programs solve drug addictions. enues of $96 billion in 2004) has received $126 recipes to family, friends and customers. In If we are going to cut the money going million from ATP, and Motorola (revenues of Summit County, a now-entrenched culture of to drug treatment programs, we are $31 billion in 2004) has received $44 million meth-cooking has been traced to one making a vital mistake, a mistake we from ATP since 1990. woman—Debra Oviatt—who has spent the will pay additional dollars for in the Since 1990, Ohio has received an average of last eight years in prison but is still known $6.1 million from ATP each year. In fiscal years to come. today as Akron’s ‘‘Mother of Meth.’’ year 2005, Ohio received $15.5 million from ‘‘There’s no doubt in my mind that Debbie The procedure for allocating JAG Byrne JAG funding alone. got the whole thing started,’’ said Larry funds is a formula based on population Even though ATP was created to fund re- Limbert, a retired narcotics detective with and crime statistics in combination search that cannot attract private financing, the Summit County Sheriff’s Office. with the minimum allocation to ensure a Government Accountability Office study Summit County has since become Ohio’s that each State and territory receives found that 63 percent of ATP grant recipi- meth capital. Narcotics officers dismantled an appropriate share. ents never even sought private financing. 104 labs there last year—far more than in Traditionally, under the Byrne for- Quite simply, ATP funnels taxpayer money any other county—and are on pace to exceed to billion dollar corporations that do not mula and LLEBG Program, funds were that total this year. Common wisdom in law need government subsidies for research and enforcement holds that for every one lab distributed 60–40 between State and development. busted, 10 remain undiscovered. local recipients. This distribution con- The National Association of Attorneys Nationally, the number of labs and other tinues under the JAG Program. General, National District Attorneys Asso- meth sites found last year topped 17,000, ac- The community-oriented policing ciation, National Narcotics Officers Associa- cording to federal statistics, up from just 327 services’ Methamphetamine Hot Spots tion Coalition, and National Sheriffs Asso- a decade ago. Program address a broad array of law ciation have all expressed support for the As authorities in dozens of states try to enforcement initiatives pertaining to Coburn amendment. shut down local cooks, evidence is mounting Earlier this year, Jim Pero, the Attorney the investigation of methamphetamine that ‘‘ice,’’ a more potent form of meth, is General of Ohio, co-signed a letter to Con- being shipped in from Mexico and California trafficking in heavily affected areas of gressional leadership stating that funding to fill entrenched demand. In Summit Coun- the country. This is the largest grow- cuts for law enforcement grants ‘‘will dev- ty, meanwhile, officials say the Department ing area of drug abuse in our country. astate state law enforcement efforts—espe- of Children Services has removed dozens of It has a tremendous impact not only on cially drug enforcement—if they are not re- children from homes where parents cooked the drug user but on their families be- stored.’’ In the absence of this amendment, and used meth in recent years. One-third of cause of the danger associated with it. Byrne JAG funding will be cut by $6.5 mil- juveniles enrolled in a Summit County drug- We have seen a marked increase of in- lion relative to 2005 levels. court program reported having tried the An August 2005 news article in The Plain fants who are delivered whose mothers drug, also commonly known as ‘‘crank,’’ Dealer, a newspaper in Cleveland, states, ‘‘A ‘‘crystal,’’ ‘‘speed’’ and ‘‘tweek.’’ are addicted to methamphetamine with scourge on the West Coast for nearly two The number of methamphetamine users tremendous negative consequences. decades, methamphetamine has established a who sought help at Oriana House, a drug- Earlier this year, 53 State attorneys destructive toehold in Ohio, infecting rural treatment organization in Summit County, general, including American Samoa outposts, big cities and middle-class suburbs jumped from 30 in 2001 to 386 last year. and North Mariana Islands and District and consuming thousands of lives.’’ ‘‘There’s definitely something going on out of Columbia, signed a letter to congres- A July 2005 survey of law enforcement there,’’ said Oriana executive vice president sional leadership asking us not to re- agencies conducted by the National Associa- Bernie Rochford. tion of Counties found that ‘‘Meth is the Police and narcotics agents in Lake Coun- duce the funding for the Byrne JAG leading drug-related local law enforcement ty have found 15 labs since September but and COPS Programs. The letter asked problem in the country.’’ only a handful before then. Portage County Congress to restore the reductions in According to the same survey, 70 percent has dismantled at least five labs since April. these law enforcement programs to a of responding officials stated that other Police in Ashtabula County have been find- level that allows the States to build on crimes, including robberies and burglaries, ing nearly one lab a week. The Children’s the results of the past, law enforce- had increased because of methamphetamine Services agency there has had to close an ad- ment partnerships represented by the use. olescent group home and shift resources to The Methamphetamine Hot Spots program, Byrne JAG and COPS Programs. I will pay for the care of children removed from part of COPS, addresses a broad array of law parents who cook and abuse meth. not go into the National Weather Serv- enforcement initiatives pertaining to the in- Methamphetamine use also is rising in ice. vestigation of methamphetamine use and Cleveland and its suburbs, where the drug Mr. President, I ask unanimous con- trafficking, trains law enforcement officials, had been confined mostly to gay bars, bath sent to have printed in the RECORD a collects intelligence, and works to discover, houses and strip clubs, says Lt. Michael

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 12, 2005 CONGRESSIONAL RECORD—SENATE 20007 Jackson of the Cuyahoga County Sheriffs Of- ‘‘There isn’t a specific demographic that I least 85 percent of the crime in that city. Po- fice. Experts predict the problem will get associate with meth,’’ said Dr. Alex Stalcup, lice in Tucson, Ariz., attribute dramatic re- worse before it gets better. a drug treatment specialist in San Fran- cent jumps in thefts and burglaries to a ‘‘You’ve heard about crack, you’ve heard cisco. ‘‘It’s essentially a universal drug.’’ worsening methamphetamine problem. about heroin,’’ said Akron police Lt. Mike Three abusers: three different stories. And identity theft is emerging in many Caprez. ‘‘I’ve seen all those things take their Three abusers: Three different stories. communities as a crime of choice among course, and this has them both beat.’’ Like Margaret, 27, of Summit County, felt self- meth addicts. crack in some ways, meth is more dangerous. conscious about her weight after giving birth Bob Brown of the Colorado Bureau of Like crack in some ways, meth is more to her second child. Her boyfriend coaxed her Criminal Investigation said his agency has dangerous. into trying meth two years ago as she did investigated numerous rings of meth users Comparing meth to crack cocaine is apt on the laundry at their apartment in Mogadore. producing high-quality counterfeit checks a number of levels. ‘‘I remember I felt like my eyeballs were and identification cards. Both are stimulants. Both are highly ad- going to come out of my head, it burned so ‘‘They don’t sleep and they’re high,’’ dictive. bad,’’ Margaret said. ‘‘But then, I had all of Brown said of the meth-driven counter- While methamphetamine can be snorted, this energy. So much energy I didn’t know feiters. ‘‘They’re staying up late at night injected or eaten, more than half of those what to do.’’ when the rest of us are sleeping, and they’re who sought treatment for meth addiction in She said she stayed up for five days cranking this stuff out.’’ 2003 said they smoked the drug—which is straight, calling off work, scouring and Nearly 60 percent of county sheriffs said in how crack is ingested. scrubbing virtually every inch of her apart- a recent national survey that the meth epi- Smoking meth produces the same strong, ment. demic is their worst drug problem—three instantaneous ‘‘rush’’ that crack smokers ‘‘I loved to clean when I was on it,’’ she times the number mentioning cocaine. achieve. said. ‘‘It’s not like the crack epidemic,’’ said Methamphetamine floods the pleasure cen- She did indeed lose weight. But then she Richard Rawson, a drug treatment expert at ters of the brain with large amounts of the lost her job, and, because of bad luck, a UCLA. ‘‘It’s not a flare-up and flame-out. It’s neurotransmitter dopamine. It also affects vengeful boyfriend and the bag of meth po- a gradual infestation and it stays there. other body chemicals that govern sleep, lice found in her purse, she lost custody of That’s not a very positive perspective on the thirst, hunger and sex drive, making a per- her two children, too. future.’’ son feel energetic, wakeful and hypersexual. Margaret is now in a community-based THE MAKING OF SUMMIT’S MOTHER OF METH But meth remains in the body 10 times corrections facility in Akron working to put The infestation in Akron can be traced to longer than crack, which can make meth her life back together. when Debra Oviatt returned to Ohio a second cheaper to use. And while crack is obviously ‘‘I can’t believe I let this happen to me,’’ time from California, bringing along her fa- dangerous, methamphetamine causes even she said. vorite recipe for home-cooked meth. more physical harm. Chad, a 20-year-old recovering addict, said Oviatt, 52, grew up in Wadsworth but A strong neurotoxin, methamphetamine he became instantly addicted to meth after moved as a young adult to California, where damages the brain and other vital organs in someone gave him a few lines to snort at the she was arrested numerous times for auto a way that crack does not. And recovery, Streetsboro manufacturing plant where he theft and was sentenced twice to prison. while possible, can be more difficult and worked. He said many of his coworkers used She returned to Ohio after being paroled in take longer. meth to endure the grind of 12-hour days on 1986 and apparently brought a meth habit It can take several years of abstinence be- the factory floor. with her. fore meth addicts’ body chemistry straight- ‘‘That was my excuse, to get through the Postal inspectors arrested her in 1991 after ens out and they can feel ‘‘normal’’ again. shift,’’ Chad said. a package containing methamphetamine was Early studies show some of the brain damage Max, 34, of Cleveland, said he and numer- mailed from California to her brother-in- is reversible. ous gay men he had sex with in West Side law’s home in Richfield. Oviatt received six The drug also rots teeth, a condition bath houses would use meth. Most preferred months in state prison. known as ‘‘meth mouth.’’ Users develop ugly not to use condoms, he said, and few asked She fled to California three years later sores caused by incessant picking and him about his HIV status. He is positive. when one of her customers was arrested after scratching at phantom ‘‘crank bugs’’ they Max said he has been drug-free since April, a 3-ounce package of meth was sent to his feel under their skin. when he and other members of a group call- home. And when the dopamine ‘‘buzz’’ wears off, ing itself the ‘‘Gay Mafia’’ were arrested in a When she came back to the Akron area in meth users are left wide awake for hours on sweeping methamphetamine bust. Federal 1996, Oviatt brought with her a deadly leg- end feeling angry and depressed. authorities say the group sold meth brought acy: the ability to make her own meth and a The quick fix is more meth, which can here from Phoenix. willingness to pass on the recipe. trigger a vicious cycle of addiction. Hard- ‘‘Had I not gotten busted, I would still be Methamphetamine is manufactured using core meth users, known as ‘‘tweekers,’’ doing it,’’ Max acknowledged. ‘‘I don’t think a witch’s brew of solvents and chemicals to sometimes go days, even weeks, without there’s anything wrong with it.’’ change the molecular structure of sleep. While crack use increased rapidly, peaked pseudoephedrine, the active ingredient in That’s when they become especially dan- in the late 1980s and then fell off as people popular over-the-counter cold remedies such gerous to themselves and others. Meth-driv- became wary of its effects, meth use has as Sudafed and Actifed. en psychosis—chiefly paranoia and halluci- been rising steadily. Meth labs are typically lowtech affairs. nations—combined with severe sleep depriva- From 1993 to 2003, the number of people The tools of the trade—glass jars, plastic tion can result in bizarre and violent behav- seeking treatment for meth addiction soda bottles, coffee filters and aquarium ior. James Trimble’s attorney has claimed in jumped five-fold. hoses—can fit inside a typical suitcase. The court filings that his client was in the throes Also in 2003, 14 states reported that more flammable and combustible nature of the in- of methinduced psychosis when he killed people entered treatment for methamphet- gredients makes the process potentially dan- three people in Portage County’s Brimfield amine than for cocaine and heroin combined. gerous, but not difficult to learn. Township in January. A survey that year estimated that more than ‘‘There’s definitely a science in making it, Because it is cheaper to use than crack, 600,000 people recently used meth, about the but it’s not rocket science,’’ said Michael and because some start using it for reasons same number as used crack. But experts now Fox, a drug counselor with the Community other than getting high, meth has also had a believe that meth use has exceeded crack. Health Center of Akron. ‘‘With a little bit of broader appeal among potential abusers. Unlike crack, methamphetamine—often training, anybody can make it.’’ Women, who abuse meth at about the same referred to as ‘‘poor man’s cocaine’’—has Meth cooks typically attract a small cote- rate as men, often report that they began swept through rural communities across the rie of friends and addicts who gather ingredi- using the drug to lose weight. country, including in southern Ohio. ents, such as cold pills, in exchange for a Blue-collar and construction workers use But it has long been popular in big cities share of the finished product. methamphetamine for an energy boost to get as well, especially out west, where places When those friends and addicts learn the them through long days of hard labor. like San Diego, Phoenix and Portland, Ore., recipe themselves, they often form their own An epidemiologist recently reported that report high rates of meth addiction. co-operatives, which leads to more cooking, in North Carolina, hunters and fishermen are Police in Los Angeles say meth has become more drugs and more addiction. using meth to stay awake. that city’s No. 1 drug. That’s essentially what happened with Gay men everywhere use meth for its abil- And police in other western states say Oviatt, authorities say. And the result was a ity to enhance sex. Stepped-up meth use is methamphetamine is not only their top drug dramatic increase in meth abuse in southern being blamed for dramatic recent increases concern, it’s their top crime problem as well. Summit County. in infection rates for HIV and other sexually Walt Myers, the recently retired police How many people she eventually taught to transmitted diseases. chief in Salem, Ore., said meth use drives at make the drug is in dispute.

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20008 CONGRESSIONAL RECORD—SENATE September 12, 2005 Although she declined twice to be inter- It’s in that general area that most of Sum- Seizures of ‘‘ice’’—the nearly pure form of viewed, Oviatt claimed in a letter to have mit County’s meth labs have been found, in- meth churned out in Mexican super labs— taught only two. Police think it’s many cluding a would-be meth school operated by have jumped nearly five fold in Oklahoma more. Brian Matheny, who police believe learned since its pseudoephedrine law took effect in Among her students, they say, was Oviatt’s and improved on Oviatt’s recipe. April 2004. son, Christopher Shrake, who is serving a A nurse by training, Matheny set up a lab Ice, which resembles shards of glass, ‘‘is second prison sentence for meth manufac- in the basement of his Kenmore home, sell- like meth on rocket fuel,’’ said Mark Wood- turing. ing meth to support a substantial heroin ward, a spokesman for the Oklahoma Bureau of Narcotics and Dangerous Drugs. LEGENDARY COOK UNDAUNTED BY CHARGES habit. Using a camera he had received for Christ- Because of its purity and strength, he said, It was Shrake’s carelessness that led to the mas, he made an instructional video on meth it’s more addictive and more dangerous than discovery of Summit County’s first known manufacturing. the home-cooked meth it’s replacing. methamphetamine lab nearly 10 years ago. Police found the tape during a search of As long as the demand for meth highs per- About 7:30 a.m. on May 5, 1996, the Green the basement in September 1997. sists, the future does not look bright. There Fire Department got a call about a fire at a It shows Matheny coughing and exhaling are no signs that meth use is dropping in the home on East Turkeyfoot Road. Shrake ap- hydrochloric gas, which is used in one step of West, Midwest or Southeast—areas of the parently started the fire while mishandling the cooking process. country where meth use has become en- some of the ingredients. Penny Bishop, 43, got hooked on meth trenched. The home sustained extensive damage. about the same time, and in the same gen- More Californians were treated for meth- Firefighters’ initial suspicions were con- eral neighborhood, and eventually learned to amphetamine addiction than alcoholism in firmed when members of a Summit County cook as well—out of economic necessity. 2003. And meth has started to make inroads drug unit arrived and revealed that they had Bishop says a friend introduced her to the into Pennsylvania, Maryland and rural com- been investigating reports of a meth lab in drug in 1997, and she liked it immediately. In munities of New York—the outskirts of the the home. about two months, her habit grew from $100 Northeast Corridor, which is home to 60 mil- A Summit County grand jury indicted a week to $400 as she switched from eating lion people, one-fifth of the U.S. population. Vermont and Maine have been bracing for Oviatt and Shrake. But that didn’t slow meth to smoking it. Oviatt down. ‘‘I had to have it just to get out of bed,’’ an upswing in meth use and manufacturing. Police say that after a friend made and Bishop said. ‘‘If I didn’t have it, I wasn’t Two labs were recently found in Connecticut. ‘‘Their numbers [of meth users] are going sold enough meth to post her bail, Oviatt set moving.’’ to go up,’’ said Special Agent Michael Heald, up a shifting string of labs in people’s homes Bishop depended on the drug to allow her a methamphetamine expert with the U.S. and in hotels along Interstate 77. to work long hours managing a gasoline sta- Detectives said Oviatt sometimes enlisted Drug Enforcement Administration. tion. But when her habit quickly exceeded Heald acknowledged that law enforce- the help of her 6-year-old daughter to scrape her salary, the friend who first sold her meth ment’s ability to stop the eastward surge of methamphetamine residue from filters, tell- began giving her money to buy cold pills. meth is limited. Prevention and treatment, ing her it was bird seed. She started shoplifting the pills so she he said, are the best weapons in this par- Oviatt initially was selective about whom could keep the cash and, as many meth ad- ticular battle in the war on drugs. she taught, sometimes sharing only a por- dicts do, learned to make the drug herself. ‘‘Until we teach people that drugs are ab- tion of the recipe in exchange for cash or Bishop, a high school dropout, said she solutely destructive to ourselves and society, meth-making ingredients, a former student caught on quickly. we can arrest all the people we can’’ and still said. That changed when it was clear she was ‘‘It was amazing I could take all these not win, Heald said. headed to prison. chemicals and make a drug, but I can’t grasp ‘‘We can’t do this alone.’’ ‘‘Debbie wanted to teach anybody and ev- simple things to get my GED,’’ Bishop said. erybody so this town would be flooded and By the late 1990s, many stores had begun VIRGINIA FACT SHEET—COBURN AMENDMENT nobody would make any money,’’ the stu- limiting how many boxes of cold pills a per- #1648 TO H.R. 2862 dent said. son could buy at one time. (It takes about This amendment eliminates funding for Before she could settle the charges from 1,100 standard-strength pills to make a 1- the Advanced Technology Program (ATP) the Green incident, Oviatt was arrested in ounce batch of meth, roughly 280 doses.) and shifts the funding to three separate pro- August 1996 at a hotel in Wadsworth. Meth cooks have generally sidestepped grams: Byrne Justice Assistance Grants Police, who had been called because of a such measures by sending out groups of peo- (JAG), Community Oriented Policing Serv- fight between Shrake and his girlfriend, ple to buy cold pills from as many stores as ices (COPS), and the National Weather Serv- found methlab components in Oviatt’s room. necessary to acquire the amount needed for ice (NWS). Oviatt agreed to a plea deal on charges the next batch. Specifically, funding for ATP is reduced by from both arrests. But before sentencing, she Laws cripple cooks, but meth keeps com- $140 million, funding for JAG is increased by fled in February 1997 with the 6-year-old and ing. But in the last two years, authorities $48 million, funding for COPS/Methamphet- a pregnant 16-year-old daughter. have gotten more aggressive in trying to amine Hot Spots is increased by $72 million, Detectives spent five months chasing her squeeze the cooks. and funding for NWS is increased by $4.9 mil- around Ohio, West Virginia and Pennsyl- About 40 states have passed laws to re- lion. vania. strict the sale of pseudoephedrine products Since 1990, ATP has funneled more than ‘‘She bounced from apartment house to or are considering them. $700 million to Fortune 500 companies that apartment house, hotel to hotel,’’ said In Ohio, legislators are considering a bill do not require government assistance. For Limbert, the retired detective. ‘‘They would that would restrict sales of pseudoephedrine example, GE (revenues of $152 billion in 2004) make enough dope in those places that they products. has received $91 million from ATP, IBM (rev- would be OK.’’ The Oregon legislature agreed last month enues of $96 billion in 2004) has received $126 Oviatt’s meth-cooking career ended on to make it a prescription drug. And Congress million from ATP, and Motorola (revenues of June 22, 1997. That’s when her younger is considering a bill that would follow Okla- $31 billion in 2004) has received $44 million daughter called 9–1–1 from a hotel in Spring- homa’s lead by requiring buyers of the pills from ATP since 1990. field Township and asked to speak with to show identification and sign a log book. Since 1990, Virginia has received an aver- Limbert and Detective Bruce Berlin. Oviatt, A number of national retailers have volun- age of $3.4 million from ATP each year. In who had left the hotel, was arrested later tarily moved cold tablets to more-secure fiscal year 2005, Virginia received $9.7 mil- that evening. areas of their stores. And drug manufactur- lion from Byrne JAG funding alone. She pleaded guilty to various charges, in- ers are gearing up production of cold pills Even though ATP was created to fund re- cluding racketeering and kidnapping, and re- that contain phenylephrine—which cannot search that cannot attract private financing, ceived a 2-year sentence. easily be converted into meth—instead of a Government Accountability Office study Police believe that by the time she went to pseudoephedrine. found that 63 percent of ATP grant recipi- prison, dozens of others had learned how to Since Oklahoma’s pioneering law took ef- ents never even sought private financing. make methamphetamine, either directly fect last year, methlab seizures there have Quite simply, ATP funnels taxpayer money from Oviatt or from one of her students. plummeted. to billion dollar corporations that do not But not all the news is good. Narcotics de- need government subsidies for research and SOUTH AKRON IS HOTBED FOR METH tectives say there is more meth than ever in development. Oviatt and her proteges helped make most- Oklahoma. And the quality is better. The National Association of Attorneys ly white, blue-collar Akron neighborhoods With local cooks being shut down, the General, National District Attorneys Asso- like Kenmore and Firestone Park—along state’s entrenched meth demand is now ciation, National Narcotics Officers Associa- with nearby Barberton and Springfield being met by Mexican narcotraficantes who tion Coalition, and National Sheriffs Asso- Township—the epicenter of meth making in have stepped up production, mostly south of ciation have all expressed support for the Summit County. the border, to supply a growing U.S. market. Coburn amendment.

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 12, 2005 CONGRESSIONAL RECORD—SENATE 20009 Earlier this year, Judith Williams Earlier this year, Mike Hatch, the Attor- ORDER OF PROCEDURE Jagdmann, the Attorney General of Virginia, ney General of Minnesota, co-signed a letter Ms. MIKULSKI. Mr. President, I ask co-signed a letter to Congressional leader- to Congressional leadership. The letter stat- ship. The letter stated that funding cuts for ed that funding cuts for law enforcement unanimous consent that the time from law enforcement grants ‘‘will devastate state grants ‘‘will devastate state law enforcement 5 o’clock to 5:30 today be a period of law enforcement efforts—especially drug en- efforts—especially drug enforcement—if they morning business and that that time be forcement—if they are not restored.’’ In the are not restored.’’ In the absence of this under my control or, in my absence, absence of this amendment, Byrne JAG fund- amendment, Byrne JAG funding will be cut the control of the Senator from Cali- ing will be cut by $6.5 million relative to 2005 by $6.5 million relative to 2005 levels. fornia, Mrs. BOXER. levels. In Minnesota, at least 5 percent of high The PRESIDING OFFICER. Without In Virginia, at least 7 percent of high school students have admitted to using objection, it is so ordered. school students have admitted to using methamphetamines at least once. A July methamphetamines at least once. A July 2005 survey of law enforcement agencies con- f 2005 survey of law enforcement agencies conducted by the National Association of Coun- NOMINATION OF JOHN ROBERTS ducted by the National Association of Coun- ties found that ‘‘Meth is the leading drug-re- Ms. MIKULSKI. Mr. President, I will ties found that ‘‘Meth is the leading drug-related local law enforcement problem in the lated local law enforcement problem in the country.’’ put on a different hat. I was talking country.’’ about appropriations. Now I will talk According to the same survey, 70 percent According to the same survey, 70 percent of responding officials stated that other about a drama that is unfolding in the of responding officials stated that other Senate which is the confirmation hear- crimes, including robberies and burglaries, crimes, including robberies and burglaries, had increased because of methamphetamine had increased because of methamphetamine ings on Judge John Roberts to go to use. use. the Supreme Court and to be the Chief The Methamphetamine Hot Spots program, The Methamphetamine Hot Spots program, Justice. I rise today to talk about this part of COPS, addresses a broad array of law part of COPS, addresses a broad array of law nomination because this is a decision enforcement initiatives pertaining to the in- enforcement initiatives pertaining to the in- of enormous consequence. One of the vestigation of methamphetamine use and vestigation of methamphetamine use and most significant and far-reaching votes trafficking, trains law enforcement officials, trafficking, trains law enforcement officials, a Senator can make relates to the Su- collects intelligence, and works to discover, collects intelligence, and works to discover, interdict, and dismantle clandestine drug interdict, and dismantle clandestine drug preme Court. Why? Because it is irrev- laboratories. This amendment would ensure laboratories. This amendment would ensure ocable. When you vote for a Supreme that this program receives the funding it that this program receives the funding it Court Justice, that Justice has a life- needs to tackle the serious problems associ- needs to tackle the serious problems associ- time appointment. Unless there is an ated with methamphetamine use and dis- ated with methamphetamine use and dis- impeachment, which is rare, it is for- tribution. tribution. ever. This amendment also increases funding for This amendment also increases funding for The hearings are incredibly impor- the National Weather Service, and directs the National Weather Service, and directs tant, they provide the Senate and the the additional funding towards the Inland the additional funding towards the Inland American public with the opportunity and Coastal Hurricane Monitoring and Pre- and Coastal Hurricane Monitoring and Pre- diction program and the Hurricane and Tor- diction program and the Hurricane and Tor- to know more about where the nominee nado Broadcast Campaign. nado Broadcast Campaign. stands on core constitutional prin- Senator Norm Coleman of Minnesota is a ciples. I urge Judge Roberts to answer MINNESOTA FACT SHEET—COBURN co-sponsor of this amendment. the questions that the Committee asks AMENDMENT #1648 TO H.R. 2862 of him. Mr. COBURN. This is an area where This amendment eliminates funding for But equally important is completing there will be some controversy. I don’t the Advanced Technology Program (ATP) the picture. The Senate should have ac- know if we will win the vote on this and shifts the I funding to three separate cess to the full record of the nominee programs: Byrne Justice Assistance Grants amendment. If we start looking at the who is going into the hearings. We need (JAG), Community Oriented Policing Serv- human faces of what we, as Govern- to know more about Judge Roberts. We ices (COPS), and the National Weather Serv- ment, can do versus what business on have all met him. We find him person- ice (NWS). its own can do and venture capital on Specifically, funding for ATP is reduced by able. We find him smart. We find him its own can do, what we will see is that $140 million, funding for JAG is increased by capable. But we wonder, what is his ju- our parochialism needs to stop in $48 million, funding for COPS/Methamphet- dicial philosophy. What will he be like, terms of benefits to limited numbers, amine Hot Spots is increased by $72 million, not only as a member of Court but now and funding for NWS is increased by $4.9 mil- and we need to increase benefits to the as the Chief Justice. Look back to the lion. masses. What I am asking by this grant record, not only the resume but to the Since 1990, ATP has funneled more than is to eliminate a program that is mar- record. $700 million to Fortune 500 companies that ginal at best and put the money where do not require government assistance. For This is why I am joining with a group example, GE (revenues of $152 billion in 2004) it is going to make a tremendous dif- of other Senators to urge the White has received $91 million from ATP, IBM (rev- ference in people’s lives, born and un- House to release documents on 16 cases enues of $96 billion in 2004) has received $126 born. It is my hope the Senate will con- argued by the Solicitor General when million from ATP, and Motorola (revenues of cur with the amendment and that we Judge Roberts was the Principal Dep- $31 billion in 2004) has received $44 million can have a bipartisan vote to do it. It from ATP since 1990. uty Solicitor General. You might ask: is also my hope that this is the first of Why do you need to know this? This is Since 1990, Minnesota has received an aver- many amendments, as we continue the age of $4.6 million from ATP each year. In when then Mr. Roberts played a very fiscal year 2005, Minnesota received $6.9 mil- appropriations process, where we will important role in shaping strategy, lion from Byrne JAG funding alone. start making the hard choices—not recommending policy, and it is one of Even though ATP was created to fund re- easy, not black and white, but gray— the best insights we have into his judi- search that cannot attract private financing, that are necessary for us to meet the cial philosophy, his views, his legal a Government Accountability Office study growing needs of the Federal Govern- found that 63 percent of ATP grant recipi- reasoning. We want to know: Where ment in this time of tremendous trag- does he stand on an issue such as the ents never even sought private financing. edy along our gulf coast and in a time Quite simply, ATP funnels taxpayer money implicit right of privacy, on issues re- to billion dollar corporations that do not of tragedy for our budget. lated to civil rights, on religious ex- need government subsidies for research and It is my hope we won’t vote this pression, on title IX, on affirmative ac- development. based on what we feel our own State tion, and voting rights. And we want to The National Association of Attorneys gets but what is best for the country know because the record before us now General, National District Attorneys Asso- and how we move forward. ciation, National Narcotics Officers Associa- raises serious questions about his com- tion Coalition, and National Sheriffs Asso- I yield the floor. mitment to women’s and civil rights. ciation have all expressed support for the The PRESIDING OFFICER. The Sen- Prior to any vote, the American people Coburn amendment. ator from Maryland. need to know where he stands on these

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20010 CONGRESSIONAL RECORD—SENATE September 12, 2005 issues. We, the Senators, need to know, with them, because the record before Mr. GREGG. I ask if the Senator too, so we can make an informed, ra- us shows that Judge Roberts has ar- would allow me to propound a unani- tional decision. gued against established constitutional mous consent request so that I might The administration has refused to re- protections against sex discrimination. speak at the conclusion of the speakers lease these documents, even though He has argued that disparate treat- she has on her side. they did so before. They did it when ment of men and women is reasonable Ms. MIKULSKI. First, in terms of Mr. Bork was nominated, and they did when you don’t have the resources to senatorial courtesy, I have no reason it when William Rehnquist was nomi- provide for both. He supported a very to object. But as I understand it, the nated. This is particularly compelling narrow interpretation of title IX. All order of the day is that at 5:30, we must since now the Roberts nomination has arguments which the Supreme Court go into consideration of the mercury gone from a replacement of Justice has squarely rejected. rule for 1 hour. I ask the Presiding Offi- Sandra Day O’Connor to replacing the Clearly, there are reasons people are cer, what is the order? Chief Justice. These documents matter troubled. Questions that Americans The PRESIDING OFFICER. The because they represent the views from sent us were on the deepest and most order is that at 5:30, the Senate will be later in his career when he held his heartfelt concerns of their families. A in morning business for 1 hour with the highest political appointment and was woman in Ohio wanted to ask Judge time controlled by Senator INHOFE of responsible for making policy rec- Roberts where he stands on women’s Oklahoma or his designee, and the Sen- ommendations. These documents will equality. She said not just on choice ator from Nevada, Mr. REID, or his des- illuminate his beliefs and his approach and reproductive rights, but on wage ignee. to the law, and they will help this Sen- equality, childcare options, glass ceil- Ms. MIKULSKI. May I ask the Pre- ator and others to know where he ings. Where is he in the enforcement of siding Officer, at 5:30 the Senate will go stands on the important issues. equal opportunity and nondiscrimina- into morning business? It is the constitutional duty of the tion. The PRESIDING OFFICER. The Sen- Senate to conduct a thorough examina- A man from my home State of Mary- ator is correct. tion of the nominee, and we can only land wanted to know did Judge Roberts Ms. MIKULSKI. Who controls that do it if we hear from the nominee him- support title IX. His niece played morning business? self through the confirmation proc- sports in high school and wanted to be The PRESIDING OFFICER. The time esses, and have a complete record be- sure that college sports teams would is equally divided and controlled by fore us. We have his resume, he has re- have resources and access to scholar- Senator INHOFE of Oklahoma or his ceived his rating from the American ships, as the guy teams do. A mother designee and the Senator from Nevada, Bar Association, but we now need the from Indiana wrote us. A single mom. Mr. REID, or his designee. documents on these 16 cases in order In the 1950s, she was earning 60 cents Ms. MIKULSKI. I misunderstood. I for us to do our homework and to do for every dollar a man earned. She thought there was a mandate at 5:30 to our due diligence. This is probably one wanted to know where the judge stands go to the mercury rule. I have no objec- of the most important votes I will ever on pay equity. These were the kinds of tion to the Senator’s request. take, along with my 99 colleagues. We things they wanted to know. Quite Mr. GREGG. I ask unanimous con- need to know: frankly, I would like to know too. How sent that I be allowed at 5:30 to proceed What type of Justice will John Rob- Judge Roberts chooses to respond is his for 10 minutes in morning business and erts be? business. But whether we support the that I be recognized at that time. Before the Senate left for its August nominee based on those responses is Mrs. BOXER. Reserving the right to break, I joined with six of my Demo- our business and how the administra- object—— cratic women colleagues to launch a tion responds to our requests for docu- Mr. GREGG. Assuming the speakers website allowing Americans to have a ments is also our business. on the other side have completed their voice in the confirmation process. The That is why the White House must statements. American people have a right to be release those documents to the Senate. Mrs. BOXER. I have absolutely no part of the process and let the Senate We want to have access to the docu- problem with this. I know Senator know what they want Judge Roberts to ments relating to those 16 very impor- CLINTON is trying to make it from an answer. And we want them at the tant cases that were argued by the So- airplane to get to the floor. So as I un- table. We want them to feel included licitor General before the Supreme derstand it, Senator MIKULSKI has the and have the chance to participate. Court. These documents will help us time until 5:30; is that correct? The Democratic women launched a evaluate the nominee and will enable Ms. MIKULSKI. Yes. Web site to allow them that oppor- us to make the kind of decision the Mrs. BOXER. Hopefully, she will tunity. We remember how we were shut American people want us to make. make it. If I could cover us and say out during the judicial proceedings on As Judge Roberts begins his testi- 5:35, and then it would go to Senator Clarence Thomas. There were no mony and is asked about his past deci- GREGG, would that be OK? women on the Judiciary Committee. sions, judicial philosophy and legal Mr. GREGG. I amend my request so Now there are. But we know what it is background, Americans will be watch- that I be recognized at 5:35 for 10 min- like not to have a seat at the table. We ing. I urge the nominee to be forth- utes as in morning business. know what it is like not to be able to coming. He should not conceal his The PRESIDING OFFICER. Without raise our questions. So we established views on issues that the majority of objection, it is so ordered. this Web site so the public could ask Americans care about like reproduc- Mr. GREGG. I thank the Senator about issues that impact them every tive choice, civil rights, congressional from Maryland. day. power, the environment and separation Ms. MIKULSKI. Mr. President, I have Guess what. Over the past month of church and state. now concluded my remarks and yield alone, 25,000 Americans responded to I also urge the White House to be to the Senator from California, Sen- this Web site—with over 40,000 ques- forthcoming. They should not conceal ator BOXER, such time as she may con- tions. They wanted to know where documents that may illuminate those sume. Judge Roberts stands on Roe v. Wade, views. Judge Roberts’ past career The PRESIDING OFFICER. The Sen- privacy rights in light of national secu- causes concern about his commitment ator from California. rity challenges, the right to privacy, to core constitutional principles and Mrs. BOXER. Mr. President, I thank such as under the PATRIOT Act, what we need to have, and the American peo- the Senator from Maryland for her about so-called religious expression in ple deserve, a complete picture. leadership in reaching out to the peo- schools, protecting our environment, Mr. GREGG. Will the Senator yield ple of this country, asking them to protecting our civil rights, protecting for a question? send in their questions for Judge Rob- our voting rights. And I am standing Ms. MIKULSKI. Yes. erts. As she noted, 25,000 individuals

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Part of that act, writ- certainly know that. ciary Committee, under the leadership ten by JOE BIDEN and ORRIN HATCH— Most Americans understand that the of Senator LEAHY, and the Democratic and I worked with Senator BIDEN for Court plays a huge role in defending leadership, under the leadership of Sen- years on that—part of that law was our rights and freedoms, and now ator REID, and the Democratic women, thrown out. We want to know how Judge Roberts has been nominated to under the leadership of Senator MIKUL- Judge Roberts feels about whether we be the Chief Justice of the United SKI, and the entire Democratic caucus in the Senate can protect the women of States. Although some will say it have written letter after letter to At- our country, can protect the families of makes no difference, it makes a big dif- torney General Gonzales demanding our country, can protect those who ference. The Chief Justice runs the these documents be released. perhaps cannot speak for themselves. Court, sets its tone, assigns responsi- We are talking about a very narrow We need to know if Judge Roberts bility for writing its decisions, has a request—only 16 cases—not a broad re- thinks the right to privacy is a funda- certain amount of cachet to speak for quest for all records. What are these mental right. We know he wrote about the Court, and so on. cases we are asking about? They in- it as the so-called right of privacy. The Judiciary Committee began its clude three about reproductive health, If I referred to your spouse as your hearings today on Judge Roberts. This five about discrimination and civil ‘‘so-called spouse,’’ that would be an is a vital part of the advice and consent rights, and three about the environ- insult, wouldn’t it? If I referred to your role of the Senate. Before we vote, it is ment. These are the very issues Ameri- right to vote as your ‘‘so-called right every Senator’s duty to find out if cans told us they wanted Roberts to to vote,’’ my constituency would be Judge Roberts will uphold or under- answer questions about when they very upset with me because the right mine our fundamental freedoms, the wrote to our Web site. to vote is not a so-called right. So In poll after poll, the American peo- freedoms that essentially define us as when you say something is a so-called ple are saying that Judge Roberts has Americans. It is our duty to find out if right, it raises a lot of questions about to tell us what he believes, and we de- Judge Roberts will fulfill the promise how you feel about it. serve to have this information. Every- etched above the Court itself: Equal We also need to know why Judge one agrees that Judge Roberts is ex- justice under the law—not justice only Roberts argued before the Supreme tremely qualified and very personable. for the powerful, but equal justice for Court and on national TV that our Fed- But we need to know about his views eral courts and marshals had no role in all. And when I say we have a duty, I and philosophy because, if confirmed, stopping clinic violence when women am talking about our responsibility as the cases he would decide will impact were being threatened and intimidated Senators to act on behalf of we the the daily lives of all Americans. at family planning clinics all over the American people. I believe the American people want That is why the Democratic women, country. transparency and openness in this It is time for Judge Roberts to say under Senator MIKULSKI’s leadership, process. This should not be some hide- what he really thinks—on privacy, on created the AskRoberts Web site. and-seek, catch-me-if-you-can deal. gender discrimination, on civil rights, Americans submitted 40,000 questions This is about someone who could sit on on the environment. On the appellate about a broad range of issues, including the Court for 30 years, or more. This is court, he wrote an opinion that raises privacy, reproductive health, civil someone who is going to influence the questions about whether he would find rights, women’s rights, and the envi- lives of our grandchildren and perhaps the endangered species act constitu- ronment. One individual posed this even our great grandchildren. tional. Does he think it is our right in question to Judge Roberts: In your In addition to getting the informa- the Congress to pass environmental opinion, why would the White House tion on these cases, Judge Roberts also laws that protect all Americans? refuse to turn over public records from must answer questions, and I hope he is As Senator MIKULSKI said, the role of your time as Deputy Solicitor General? going to do that. I know a couple of my the women Senators is very important. What is there to hide? colleagues on the other side of the aisle Women across America are counting on What is there to hide? It is a very im- today seemed to be counseling him not us to stand up, to ask the questions, portant question. Senators on both to answer questions. One of them cited and to get the answers. When we vote sides of the aisle should be asking that Judge Ginsburg, and said she drew the on this nomination, it must be an in- question. Before we confirm Judge line by refusing to answer questions. formed vote either yes because we be- Roberts to a lifetime appointment as Let me tell you what Judge Ginsburg lieve he will protect our rights and Chief Justice, we need to know every- said at her hearing when she was asked freedoms or no because we have not thing possible about his views and phi- about Roe v. Wade and a woman’s re- been convinced. losophy. This isn’t because it is inter- production freedom. She said: I thank the Chair. I yield back my esting, because I am sure it would be It’s a decision she must make for herself. time to Senator MIKULSKI. interesting. Judge Roberts is a very And when Government controls that The PRESIDING OFFICER. The Sen- bright and interesting man. But it is decision for her, she is being treated as ator from Maryland. because every American’s rights and less than a fully adult human. Ms. MIKULSKI. Mr. President, I freedoms hang in the balance. Judge That is a quote from Ruth Bader yield the floor to the senior Senator Roberts has a very thin record on the Ginsburg. And it is certainly at odds from the State of Washington, Mrs. bench. Therefore, his writings and with all that Senator HATCH and others MURRAY, for such time as she may con- statements, when he worked for the are saying about how Ruth Bader Gins- sume. Reagan administration and the first burg didn’t answer questions about key The PRESIDING OFFICER. The Sen- Bush administration, become very im- legal issues. No. 1, her writings on this ator from Washington. portant. and other topics were extensive. Then Mrs. MURRAY. Mr. President, I We know that in his position working at the hearing, she said clearly that thank the Senator from Maryland for for Kenneth Starr, Mr. ROBERTS played when the Government takes control—I organizing the AskRoberts.com in a very important role. He was a top de- am going to read it again: which we are all participating to allow cisionmaker in the Solicitor General’s When Government controls that decision, a people across this country to be a part Office. He appeared before the Supreme woman is being treated as less than a fully of this very important process that is Court and, by his own admission, made adult human. occurring in the Senate today. the final determination of which cases I want to know whether Judge Rob- Today, our country faces many chal- to appeal in hundreds of circumstances. erts agrees with that. He will have a lenges. We look at the suffering along

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Let me make it clear: come a far more tolerant society. In 1972, ra- of dinner table conversations across This debate we are now having is about cial segregation was still being dismantled. the country tonight, the actions of the whether we want to protect essential Women, like African-Americans, were rou- next Supreme Court Justice will im- rights and liberties, including the right tinely deprived of equal opportunity. The notion that Americans possess a right to pri- pact the lives of every American fam- to privacy about which the Senator ily for generations to come. vacy, established by the landmark 1965 Su- from California talked. This debate is preme Court case that overturned state laws Last week, this Chamber mourned about whether we want free and open against birth control, was still taking root. the passing of Chief Justice Rehnquist government. This debate is about This editorial goes on to ask if Rob- who served on our Nation’s highest whether we want a clean, healthy envi- Court for over three decades. The great erts would make it difficult for Con- ronment and the ability to enforce gress to extend those gains or even range of issues on which the Supreme laws to protect it fairly. And this de- Court ruled during Justice Rehnquist’s turn back the clock, concluding: bate is about preserving equal protec- His record leaves plenty of room for doubt. tenure—from Roe v. Wade to capital tion under the law. punishment to Miranda rights to the Judge Roberts has an obligation—not Now, this is USA Today. It is not conclusion of a Presidential election— to the Senate but to the American peo- considered a liberal newspaper. It is a shows the American public just how ple—to make his views known on these pretty mainstream paper and it raises closely the Court touches each of our basic values. Only then can we make a the issue of privacy, writing: daily lives. My home State of Wash- reasoned judgment on his nomination. In memos written when he was in the ington is 3,000 miles away from the Na- That is why I have joined with a num- Reagan administration, Roberts disparaged tion’s Capital, but the issues the Su- the notion that there is a constitutional ber of my colleagues in calling on the preme Court takes up, whether it be right to privacy that prevents the govern- Attorney General to fulfill the request title IX or eminent domain or a wom- ment from criminalizing contraception, that was made by our colleagues on the an’s right to choose, hits home for abortion and gay sex. Judiciary Committee for documents re- them as well. And then it talks about race: lated to 16 key cases on which Judge Back in 1991, when I was a State Sen- Roberts has belittled affirmative action as ator and a former school board member Roberts played a leadership role during ‘‘recruiting of inadequately prepared can- and a mother, I watched the Clarence his service as Solicitor General. Not didates’’ and has argued for standards that Thomas confirmation hearings that only is there precedent for the disclo- would make it easier for school districts to came before the Senate Judiciary Com- sure of those documents—similar infor- evade desegregation orders. mittee. For days and days, I sat in mation was provided to the Senate On women’s rights, it is also trou- frustration at home. I simply could not when it considered the nomination of bling: believe that this nominee was not Justice Rehnquist—but there is also Roberts ridiculed the concept that women asked about the issues about which I clear imperative. If we are going to ful- are subject to workplace discrimination, and cared. I did not believe the Senators in fill our constitutional duty to provide he argued for narrowing the government’s that room were representing me or meaningful advice and consent on this ability to enforce the ban on gender dis- asking the questions I wanted an- nomination, that consent must be in- crimination in education. swered. So I did something about it: I formed and this process must be They close by saying: ran for the U.S. Senate. Now, thank- opened, not only to the Members of His record bears close scrutiny and his an- fully, I am here and I can get my ques- this body but to the American people. swers should go a long way toward deter- tions answered. But I remain very con- With the questions and concerns of mining whether he should be confirmed for a cerned for the women and the men in Americans from coast to coast in mind, lifetime appointment as the Nation’s most my State and around the country. Cer- I will work with my colleagues to en- powerful jurist, deciding issues barely imag- sure that the President’s nominee to inable today and influencing the lives of gen- tainly they have issues that are impor- erations to come. tant to them that will come before the fill this position will be fair and impar- Supreme Court. Certainly they have tial, evenhanded in administering jus- As I say, this editorial is quite main- questions they want answered. Not ev- tice, and will protect the rights and stream. It raises legitimate concerns eryone is going to be able to run for liberties of all Americans. about Judge Roberts. It basically says the Senate, but everyone should be Mr. President, I yield back my re- to the Senate, it is your job to find out able to have their voice heard. maining time. how he is going to rule on cases we This is a process in which the Amer- Mrs. BOXER. Mr. President, as I un- cannot even envision at this time. ican public deserves to be involved. derstand it, we have 5 minutes before I think that the committee is off to Judge Roberts is being considered for a Senator GREGG has the floor; is that a good start. I received a briefing while lifetime appointment, and the Amer- correct? I was on a plane today about the Sen- ican people deserve to know where he The PRESIDING OFFICER. The Sen- ators’ comments on both sides of the stands on a number of issues that af- ator from California is correct. aisle. It clearly seems to be a confirma- fect our Nation’s future. That desire to Mrs. BOXER. Mr. President, I thank tion that both sides are taking ex- give Americans around the country a Senator MURRAY because she has a way tremely seriously. voice in this process is what inspired of putting things quite succinctly and I say to those friends and colleagues me and my colleagues from California clearly and I appreciate her coming to on the other side who are counseling and Maryland to set up a Web site: the floor. Judge Roberts that he does not have to AskRoberts.com. Through our Web There is a very interesting editorial answer questions, that would be a big site, we have collected tens of thou- today in USA Today, and I want to mistake. The American people in poll sands of questions over the past several quote from it. The first part says there after poll are saying to us, we have a months that have now been delivered is no question that the President has right to know. We want to have an- to the Senate Judiciary Committee in chosen someone with similar views to swers to very important questions that hopes that they will be asked of Judge Judge Rehnquist. This is what they will shed light on if Judge Roberts is Roberts during his confirmation hear- say: going to make sure this Congress and ing. But, if the men are similar, the nation is this Federal Government can protect This is not an inside-the-beltway de- different now from what it was when them; that we can protect the environ- bate. Judge Roberts has been nomi- Rehnquist joined the Court 33 years ago, and ment; equal rights for women and for

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There are other committees that respect the dignity of our people by The people of the Gulf States are ener- have received reconciliation instruc- making sure there is not a ‘‘so-called’’ getic, enthusiastic, and productive peo- tions that actually want those instruc- right to privacy but a fundamental ple, as are all Americans, and America tions, that want to be able to proceed right to privacy that has been articu- has come to their aid as a nation, forward because they see opportunities lated by the Court and that we hope which we should. Obviously it is going to improve Government and to gen- Judge Roberts will uphold. to take time, but this is a one-time erate a better return for taxpayers. I yield the floor. event—hopefully never will happen One, of course, is the Commerce Com- The PRESIDING OFFICER. The Sen- again, and has never happened before— mittee. Another is the HELP Com- ator from New Hampshire. of this magnitude, and we should be mittee which has reported out an in- f able as a nation to manage and correct credibly strong higher education bill the situation and give relief to the peo- where they are basically going to ex- BUDGET RECONCILIATION ple of that region and do the recon- pand rather significantly the dollars Mr. GREGG. Mr. President, I rise to struction that is necessary. That is a available to people who go to college speak a little bit about the schedule of one-time spending event. through Pell programs and other pro- the reconciliation bill which this Con- What the reconciliation instructions grams, under the leadership of Chair- gress was supposed to actually take up address are the long-term implications man ENZI. That bill has been reported this week. As we all know, reconcili- especially of entitlement spending. We out, has saved about $7 billion, but has ation is one of the key procedures by know that over the next 10, 20, 30, 40 also generated about $6.5 billion which which the Congress addresses spending, years we are looking at massive in- will go back into student loans. It has specifically spending in mandatory creases in spending on mandatory pro- done it without impacting student programs and tax policy. In the budget grams, especially the health programs loans but actually expanded student which we passed about 5 months ago, of the Federal Government, primarily loans by taking action in the area of we included reconciliation instructions because of the aging of the baby boom lenders accounts. Chairman ENZI de- which essentially say to committees generation. As a nation, we need to set serves lot of credit for it and we should within the Senate and within the policies in place today which will allow proceed with that. House that they are to change the enti- us to be able to afford the costs which Chairman ENZI also reported out a tlement programs they have jurisdic- this huge generation is going to incur bill, along with the Finance Com- tion over in order to slow the rate of in order to maintain its health and also mittee, to address the pension reform growth of a number of those programs its retirement. issue. We need to address pension re- or in order to generate revenues from Reconciliation is a very small step form. We are not going to be able to do those programs which might not other- down that road of trying to improve it unless we do it in reconciliation. We wise be coming in in order to reduce the policy so we can better deliver know we have major bankruptcies com- the size of the deficit and in order to services to seniors who get Medicaid ing at us. Regrettably some of them make the Government more affordable. and other people who get Medicaid—ob- are in the airline industry, maybe even This reconciliation proposal which viously children—and at the same time this week. There are rumors about came forward requested approximately make it affordable. The reconciliation that. We know when people go into $34 billion in savings on the entitle- instructions cover 5 years. In fact, the bankruptcy, their pension funds go ment side, $70 billion in tax policy Medicaid instruction, which has been into the PBGC. We know the PBGC has changes. It was to be executed on or the most contentious, anticipates no somewhere between a $30 billion and preceded with this week with a rec- savings in the next year. So clearly it $50 billion projected unfunded liability onciliation bill on the spending side of has no impact on the Katrina event, or deficit. If we are going to be able to the ledger. In consultation with the most of which money for that restora- maintain those accounts so that people leadership, who obviously makes the tion will occur within the next year. who have been planning all their life to final decisions, and with the House, we Over the next 5 years, what we pro- receive pensions, if they are in a com- have decided to move the date of rec- posed is slowing the rate of growth of pany that goes bankrupt, still receive onciliation so the Budget Committee Medicaid under the reconciliation in- some percentage of their pensions rath- will report a reconciliation bill on Oc- structions from 41 percent back to 40 er than get completely wiped out, we tober 26. This will essentially allow percent. I had hoped we would go from have to have a solvent PBGC. So Chair- committees, especially the authorizing 41 percent to 39 percent. I thought 39 man ENZI and Chairman GRASSLEY committees, which are now heavily en- percent was a pretty good rate of have both reported out bills to try to gaged in the issue of trying to address growth, but that was not acceptable so accomplish that and they are using the catastrophe brought on by Katrina, we are going to a 40-percent rate of reconciliation to proceed in that direc- the opportunity to have time to order growth over the next 5 years, on a $1.1 tion, and that is very possible. So we their reconciliation changes so they trillion spending program. That is need the reconciliation bill to put in can bring forward effective bills which what Medicaid will be over the next 5 place policies which do not address the will accomplish the instructions as years. We are suggesting that we will immediate problem of today, which is proposed. save $10 billion—$34 billion over the obviously the Katrina issue, or the Some have asked, why go forward whole reconciliation instruction—on a problem even of next year or the year with reconciliation at all in light of $1.1 trillion spending program over 5 after. the Katrina situation? I think it is im- years, with none of it occurring next These policies under reconciliation portant to recognize what reconcili- year. will address 5 years, 10 years, 15 years ation is in relationship to a disaster, a How can we do that? We can actually down the road and address them in a catastrophe of the size of Katrina. Ob- do it by delivering more services to positive way. They are small steps, but viously, the impact on the Gulf States more people. If we give Governors they are important steps, and that is has been enormous and we have to do greater flexibility with their Medicaid why we need to go forward with rec- whatever we can to help the people of funds, Governors have told us with onciliation. That is why we have set the Gulf States rebuild and reestablish more flexibility they can cover more this date and moved it a month but their lives in some semblance of order people and do it at lower cost. That is only a month. and give them some opportunity for called good management. It does not KATRINA RELIEF EFFORT hope. And we are doing that as a Con- take a lot of good management to On another issue, and that is the gress. The administration is trying to shave 1 percent off the rate of growth, issue of Katrina and how we are fund- do that and obviously the States and which will be around 40 percent. So it ing Katrina and the relief effort, we

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We also know that wake up 6 months from now or 3 the rules of the land. moving through the Congress is a months from now and realize that a The law says: Each and every power- whole series of initiatives relative to haphazard approach has not been effec- plant unit that emits mercury and trying to give relief to the people in tive either in resolving the problems in other toxic air pollutants must take the Gulf States, which is the goal of all the gulf coast or in managing the tax- action to reduce these emissions by of us. We recognize that things such as payers’ money effectively. using maximum available control tech- tax packages, such as WERDA, such as I am hopeful we will see a little more nology, or MACT. the COPS program, we have on this order in this process. I implore our The administration could have gone bill—in fact, I think there is an amend- leadership to give us such order. through the appropriate statutory ment for the COPS program of $1 bil- I yield the floor. process to delist and exempt their pow- lion. There is an amendment dealing erplants from regulation, but that is f with Medicaid which will cost $4 billion not what they did. Instead, they made to $6 billion. There are flood insurance MORNING BUSINESS up a whole new deregulatory scheme to issues. The simple fact is that the cost The PRESIDING OFFICER. Under help out the big energy companies. But of this disaster, catastrophe, is going the previous order, there will be a pe- the act does not provide them with to be huge. The problem we have, as I riod for the transaction of morning that authority. They do not have the see it right now—and we are willing to business for 1 hour with the time luxury of ignoring the laws that reg- pay that price, by the way. I am per- equally divided between the Senator ular Americans must follow and that fectly willing to pay whatever is the from Oklahoma, Mr. INHOFE or his des- Congress wrote to protect the public’s appropriate price to make sure we give ignee and the Senator from Nevada, health and the environment. This ad- these people an opportunity to rebuild Mr. REID or his designee. ministration is not above the law. and restore their region in a logical Who yields time? The Senator from The EPA is allowed to set the MACT manner. I have suggested that we set Oklahoma. standard after considering costs and up a commission with a single leader any nonair quality health and environ- along the lines of the Hoover activities f mental impact and energy require- in the post-1927 flood where there ORDER OF PROCEDURE ments. That they could have done. But, would be a focal point where all the instead, the administration chose to Mr. INHOFE. Mr. President, it is my Federal programs would come together violate a settlement agreement. They understanding we are going to have 1- and the money would be distributed in shut down an advisory commission be- hour debate on the motion to proceed an orderly and planned manner work- cause they did not like getting scientif- and Senator LEAHY and myself are con- ing with the States and the local re- ically credible answers on mercury trolling that time. It is acceptable to gion. Then we can set up such an au- controls and costs. The process used to me, if Senator JEFFORDS would like to thority and put a person on the ground create this rule was flawed and was in- be heard at this time, that he be recog- who has a national reputation and tended to delay and obstruct any mer- nized. knows what he or she is doing and can cury control requirements whatsoever. manage this in a way that is orderly The PRESIDING OFFICER. Who In the end, the administration al- and has a reasonable audit function yields time to the Senator from most wholly adopted the utility indus- and reasonable management function Vermont? try’s proposal on how to regulate mer- so we make sure we get value for the Mr. LEAHY. The Senator from cury emissions. If this is not the pro- dollars so they are not wasted. We have Vermont is seeking time? The Senator verbial ‘‘fox watching the chicken seen some proposals that would not from Vermont yields such time to the coop,’’ what is? This is not the way the work and would have wasted money al- Senator from Vermont as the Senator law is supposed to work in America, ready. from Vermont might need. nor does work in America. What we are not seeing is that sort of The PRESIDING OFFICER. The Sen- I urge my colleagues, and everyone cooperation in the Senate or Congress. ator from Vermont is recognized. listening, to support our resolution of We have ideas come from all different f disapproval and to support this motion sides. We have ideas coming from every to proceed. We deserve a fair up-or- DISAPPROVAL OF EPA RULE committee—we have creative people on down vote on the administration’s rule PROMULGATION every committee—and we have ideas that illegally exempts big energy com- coming from the administration, but Mr. JEFFORDS. Mr. President, I am panies from having to reduce toxic air there does not appear to be any focal pleased to join with my colleague from pollution wherever it is emitted. point for management of these ideas so Vermont, the Senators from Maine, I yield the floor. we are prioritizing what we need, how and many other Senators in a bipar- Mr. INHOFE. I ask that we yield 3 we need it, and where it should come tisan effort to oppose the administra- minutes to Senator THOMAS. from and where it should go. tion’s mishandling of the Clean Air The PRESIDING OFFICER. The Sen- We have ideas coming out of one Act. That is what our resolution of dis- ator is recognized for 3 minutes. committee that are for flood insurance, approval is about. Mr. THOMAS. Mr. President, I think or amendments on the floor that al- We are here because the Bush admin- we deal today with a very interesting ready represent $4 billion to $10 billion istration’s mercury rule violates the and important issue, as a matter of of new spending, or we have ideas com- Clean Air Act. This rule is plainly ille- fact. All of us want to do something ing out of the tax committees or ideas gal, it is unwise, and it is definitely about mercury and the emissions of coming out of the appropriating com- unhealthy for Americans living down- mercury. We also want to have elec- mittees. Since everybody wants to re- wind of coal-fired powerplants, espe- tricity, and we want to have it at a spond and respond effectively, there cially mothers and their soon-to-be- reasonable cost. Of course, our efforts ought to be a management process in born children. now, in terms of energy, are to try to the Congress—and in the White House, The administration, with a simple move toward using more and more coal by the way—that says this is what we wave of its hands, has used the rules to for production because that is the big- prioritize as needed. This is what we delay compliance with the mercury gest fossil fuel resource we have. want the Congress to move on quickly. control requirements for a decade or What we have, of course, is a pro- Let’s take a hard look at what will longer than the law allows. Our resolu- posal by the administration over a pe- work and what will not work. tion of disapproval is simple enough for riod of time to reduce mercury from

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 12, 2005 CONGRESSIONAL RECORD—SENATE 20015 this kind of production by as much as Sinai School of Medicine found that employ the proper cost-benefit anal- 71 percent in the country and to be able more than 1,500 children are born in ysis. It will harm human health and to do that in a way which will allow us the United States every year with men- the health of our environment, and it to continue to use coal and to allow us tal retardation as a result of mercury simply should not be allowed to go into to continue to do it at the reasonable exposure. effect. Our resolution, the Leahy-Col- price that we now have. To see just how toxic mercury is, one lins resolution, would give the EPA the What we have done is developed a does not have to look any farther than chance to fix these flaws and come program to accomplish those impor- my home State of Maine. Every fresh- back with a rule that would better pro- tant things. We have a regulation, 15 water river, lake, and stream in my tect the American people and our Na- years in the making, which has been State is subject to a mercury advisory tion’s streams, rivers, lakes, air, and designed to allow for the continuation warning pregnant women and young wildlife. of production, to allow for the reduc- children to limit consumption of fish I yield the remainder of my time to tion over 70 percent in a period of 9 caught in these waters. While this ad- the Senator from Vermont. years, and to allow those who have visory is bad enough for the many an- The PRESIDING OFFICER (Mr. ISAK- trouble to have some offset sales so the glers who love to fish in Maine’s beau- SON). The Senator from Vermont. result is a reduction in mercury, which tiful waters, it is especially difficult Mr. LEAHY. Mr. President, I thank we all want to do, while we continue to for indigenous people, like those of the the distinguished Senator from Maine, produce, which we all want to do. Penobscot Nation, for whom subsist- my friend and neighbor, for her state- I think it is a big mistake, after all ence fishing is an important part of ment. these efforts that have been made to their culture. I see the other Senator from Maine accomplish all the things we want to Mercury is dangerous not only to on the floor. I believe she sought 4 min- accomplish, to say we want to reject people—and particularly children—but utes. I yield 4 minutes to the Senator that and establish something that is also to wildlife. Let me cite one study from Maine. likely to be unworkable over a period conducted by researchers in my own Ms. SNOWE. Mr. President, I thank of time, plus extremely expensive. State. The Biodiversity Research Insti- Senator LEAHY for his leadership, as I urge we do not repeal this effort. tute in Falmouth, ME, found that mer- well as Senator COLLINS and Senator The opportunity has been there for cury concentration in loon eggs in- JEFFORDS and so many others in bring- Congress to work on it. We certainly creased from Western to Eastern ing forward this resolution of dis- will. There will be an opportunity to United States. They found that mer- approval. vote on it, if we proceed here as we cury concentration in loon eggs in I am here because I happen to believe should, and to be able to say, yes, we Maine was dangerously—nearly four that the air in Maine, or any part of want to reduce mercury; yes, we want times—higher than those found in this country, should not be for sale to to continue the production of elec- Alaska where there is not the exposure the lowest bidder when it comes to our tricity produced by coal, and we want to mercury from powerplants that we air. Given that the EPA spent over a to be able to do that over a period of experience in Maine due to the pre- decade developing the scientific and time with a reasonable program. That vailing winds. technological basis for regulating is what we have. Despite the overwhelming hazards of major sources of mercury—dangerous EPA estimates the cost of this at mercury pollution and the fact that mercury—I am confounded by the fail- about $2 billion over this period of coal-fired powerplants are the single ure of its rule to meet either the letter time, when what is being proposed is to largest source of mercury emissions in or the intent of the law. do a very different thing that costs our country, the EPA inexplicably de- The proposed EPA rule represents a about $300 billion. cided to remove powerplants from the missed opportunity to incorporate the At any rate, I certainly urge we do list of mercury sources that must be recent research into the health effects not approve this idea of removing this regulated under the strictest provi- of mercury or the recent technological regulation, this program. sions of the Clean Air Act. Instead, the innovations that significantly reduce The PRESIDING OFFICER. The time EPA rule would regulate mercury the levels of mercury emissions. If en- of the Senator has expired. Who yields emissions under a much weaker cap- acted, the resolution will suspend the time? and-trade program and would give the first EPA rule that overturns its own Mr. LEAHY. I yield the Senator from industry an extra decade to meet even 2000 decision and allows powerplants to Maine 8 minutes. this weaker emissions level. If this rule be delisted as a source of mercury pol- Ms. COLLINS. Mr. President, I rise is allowed to go into effect, power- lution. today in support of the resolution that plants will be free to continue spewing Since 2000, research has determined would disapprove of the EPA’s improp- unlimited amounts of toxic mercury that mercury pollution is more wide- erly crafted rule on mercury emissions, into our air until the year 2018. spread, its effect more pronounced, and a rule that both the Agency’s own in- Both the EPA inspector general and methods to reduce it improved. How- spector general, as well as the Govern- the GAO have severely criticized the ever, the EPA proposal fails to reflect ment Accountability Office, have criti- EPA rule. The IG found that the EPA the severity of the situation and allows cized. conducted analyses in order to justify a a weak cap-and-trade system. Under In the wrong form, mercury is an predetermined conclusion, did not ade- this cap-and-trade rule, many plants acutely dangerous toxin that can cause quately analyze the impact of this rule will never have to install controls if serious neurodevelopmental harm, es- on the health of our children, and the they choose to simply buy their way pecially to children and pregnant EPA was found by the inspector gen- out by purchasing allowances from women. Recent studies indicate that at eral not to have conducted the appro- other plants. least one in six women of childbearing priate cost-benefit analysis of regu- The issue of mercury toxins is be- age is carrying enough accumulated latory alternatives. The GAO found yond dollars and cents. Mercury, con- mercury in her body to pose risk of ad- that their cost-effective mercury contained in coal emitted through smoke- verse health effects to her children, trols would make it possible to achieve stacks into the atmosphere as the coal should she become pregnant. far greater mercury emissions reduc- is burned, is transported to the air and Tragically, EPA’s own scientists tions than the EPA rule calls for. carried downward for hundreds and found that some 630,000 infants were I call on our colleagues to join me— hundreds of miles. It is carried by snow born in the United States in the 12- Senator LEAHY, Senator JEFFORDS, and rain back down to Earth into our month period from 1999 to 2000 with Senator SNOWE, and many others—in communities, onto our streets, and blood mercury levels higher than what sending this flawed rule back to the around our schools. Inevitably, these are considered safe. In addition, a new drawing board. EPA’s mercury rule is toxins pollute our lakes, rivers, and study released last week by the Mount not based on sound science. It does not streams. The mercury is then ingested

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20016 CONGRESSIONAL RECORD—SENATE September 12, 2005 by the fish and, in turn, consumers who Mr. INHOFE. Mr. President, I would ing in the Clinton administration—and eat fish harvested from these fresh- like to yield 8 minutes to probably the represents one of the most extensive water sources. The growing concentra- Senator who knows more about air rulemakings ever conducted for a clean tion of the amount of mercury has quality and the Clean Air Act than any air regulation. caused a significant problem, not only of the rest of us, the Senator from The broader intent of the resolution for Maine’s seafood industry but our Ohio, Mr. VOINOVICH. seems to force EPA to impose a very Nation’s. The PRESIDING OFFICER. The Sen- costly and potentially devastating reg- The EPA issued an advisory about ator from Ohio is recognized. ulation. Several of the sponsors of Sen- mercury and seafood sales in our coun- Mr. VOINOVICH. Mr. President, I ate Joint Resolution 20 have expressed try, and since March 2004 sales of tuna, rise in strong opposition to this resolu- support for maximum available control for example, in America have declined tion. This represents a continuing saga technology—called a MACT standard— by 10 percent. This has resulted in the that started out in 2001 by those of us to reduce mercury emissions from revenue loss of more than $150 million from the midwestern part of the United every powerplant by 90 percent within to the industry. However, we cannot States of America with our respected 3 years. Proponents of this approach fault the consumers but, rather, our friends from the northeastern part of claim that each powerplant should be own failed Government policy. the United States. I believe everyone able to reduce mercury emissions by at If EPA had followed the Clean Air should put what we are doing tonight least 90 percent. However, this level of Act and retained its 2000 decision, each in context; that is, to be effective, this reduction is not currently achievable, utility unit would have been required resolution must be passed by the Sen- and no controlled technology vendor to reduce mercury pollutants by 70 to ate and House and signed by the Presi- can guarantee the performance of mer- 90 percent in 2008. I should point out dent. cury removal technology at this or any that powerplants are the largest re- While the act provides for expedited other specific level in the future. maining unregulated source of mercury and privileged procedures in the Sen- According to the independent Energy pollution in the United States—ac- ate, there is no such rule in the House. Information Administration, a MACT counting for the 90,000 pounds of air- The House will not consider this. The standard would have a devastating im- borne mercury a year. President announced today, if the reso- pact on our Nation because coal plants EPA’s own considerable research on lution is passed, that he would veto it. unable to attain it would be forced to the sources and effects of manmade That is where we are. fuel-switch away from coal, which is mercury pollution confirms that mer- On March 15, the EPA finalized the our most abundant and least costly en- cury emissions are getting worse. To Clean Air Mercury Rule and made the ergy source, to natural gas. United States the first nation in the my dismay, the less stringent EPA ap- Increased reliance on natural gas for world to regulate mercury emissions proach will inevitably fail to protect electricity generation will add to the from existing coal-fired powerplants— either the health of our children or already obscene increase in natural gas the first in the world. Through two Maine’s natural resources and the costs that our businesses and families phases in a ‘‘cap-and-trade’’ program, economies that depend on them. are exposed to, including those people The EPA proposal, at its funda- mercury emissions will be reduced by who live in the northeastern part of mental level, clearly is delinquent in 70 percent. This is modeled after the the United States. We have the highest protecting all Americans equally from Nation’s most successful clean air pro- natural gas prices in the developed the hazards of mercury pollution. gram, the Acid Rain Program. Mod- world, and increased costs have dimin- Under these guidelines, a powerplant eling by the Electric Power Research ished our businesses’ competitive posi- can buy its way out of mercury restric- Institute, an independent nonprofit re- tion in the global marketplace. We tions and continue to plague the sur- search organization, shows that the don’t live in a cocoon; we live in a glob- rounding population. Our commitment rule will reduce mercury in every al marketplace. The chemical indus- to our communities in America should State. This is quite amazing, given the try’s eight-decade run as a major ex- be uniform, and thus our restriction of nature of mercury. porter ended in 2003 with a $19 billion this neurotoxin should be consistent. It is important for my colleagues to trade surplus in 1997 becoming a $9.6 We know for a fact that human inges- understand that all the mercury that is billion deficit. These are real jobs. tion of mercury causes grave neuro- being deposited in the United States logical damage to young children, in- doesn’t come from the United States. The impact of a MACT standard has fants, and the unborn. Methylmercury Only 1 percent of the mercury in the led many groups to express opposition is a known neurotoxin and develop- world comes from our powerplants in to this resolution, including the Amer- ment inhibitor in unborn babies. Chil- this country. Mercury pollution is a ican Chemistry Council, American dren and fetuses are most susceptible global issue because it travels hundreds Farm Bureau Federation, Edison Elec- because mercury can have a damaging of thousands of miles. About 5 percent tric Institute, National Mining Asso- effect on developing brains. Reports of worldwide mercury emissions comes ciation, National Association of Manu- tell us that nearly 4.9 million women of from natural sources, such as oceans facturers, and United Mine Workers of childbearing age have elevated levels of and volcanoes. From 1990 to 1999, EPA America. It just can’t be justified from mercury and that approximately estimates that U.S. emissions of mer- a cost-benefit point of view. 630,000 children born each year are at cury were reduced by nearly a half, This is very important. While EPA risk from mercury-related learning and which has been completely offset by in- estimates the cost of its cap-and-trade developmental problems. I find these creases in emissions from Asia. rule at about $2 billion, EIA has pro- figures unacceptable. In fact, we all The fact is that U.S. powerplants ac- jected costs as high as $358 billion for a should. count for a small percentage of world- 90-percent MACT standard. Neurotoxins are not commodities; wide emissions, and most of the mer- The public’s return for such a regula- neurotoxins are poison. I believe that cury deposited in our Nation comes tion is an average increase in national these pollutants and poisons should not from outside the country and natural electricity and natural gas prices by 20 be traded in our society but, rather, sources. Still, the administration has percent and additional reduction in should be significantly restricted and decided to lead with the first-ever Fed- U.S. mercury disposition of 2 percent, reduced. It is our duty to enact such a eral regulation of powerplant mercury an almost immeasurable decline in rule. emissions in the world. people’s exposure to mercury. I hope we will adopt the mercury res- By using the Congressional Review I don’t understand why people in this olution of disapproval. Act, the Senator from Vermont and the country are so bent on doing the ‘‘per- Thank you, Mr. President. resolution’s supporters are seeking to fect,’’ when you have something that is The PRESIDING OFFICER. The Sen- topple this regulation that has been good and makes sense from a cost-ben- ator from Oklahoma. nearly 15 years in the making—start- efit point of view. Given the state of

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Obtaining reduc- about the consumption of fish—fish such a lack of candor is the fact we dis- tions cost effectively is very impor- caught not from outside our country covered this rule has the polluting in- tant; otherwise, companies may not be but in streams and lakes and rivers all dustries’ fingerprints all over it. Their able to move forward with other pollu- across America? Shouldn’t that be first proposal for these rules lifted tion benefits such as integrated gasifi- enough to shame our Government into exact text provided by the utility in- cation combined cycle. action? dustry lobbyists. Of course, when the We are moving ahead with the En- Should we allow this rule to move lobbyists are shut in and the public is ergy bill and by reducing SOX and NOX forward, the Bush administration’s shut out, when the scientific and eco- we will do more to reduce mercury own inspector general says it does not nomic analysis was manipulated and than any other proposal out there. I comply with EPA Executive order re- where the public’s health was ignored, hope my colleagues understand what quirements. Their own inspector gen- we get a rule like this. we are talking about tonight. Whatever eral says it does not comply. The Gov- The Bush administration’s own in- happens tonight, it is going nowhere ernment Accountability Office has said spector general and the Government because the President has said he will there are major shortcomings in the Accountability Office criticized almost veto this resolution if it passes. economic analysis. Or should we up- every aspect of how EPA drafted this I yield the floor. hold the bipartisan work of Repub- rule. Their recommendations to im- The PRESIDING OFFICER. The Sen- licans and Democrats alike that pro- prove it were ignored. So were more ator from Vermont. duced the Clean Air Act, thus pro- than 680,000 public comments, a record Mr. LEAHY. Mr. President, I suppose tecting the health of pregnant women for EPA. They produce a rule that will there are Members who think we are in and children? do nothing for at least a decade. great shape, the air is clean, no prob- The Clean Air Act requires EPA to They punted, and in the meantime, lems whatsoever. The fact is, of course, control each powerplant emission by the grandfathered powerplants keep we have significant mercury in the air 2008 at the latest. That is the law of the putting mercury into our water, into that is created in the United States. It land. Anything less is more pollution. our fish, putting a generation of tends to occur disproportionately in Instead, the administration has turned women at risk. We tell them their one part of the United States, the health is not important. We are told it the Clean Air Act on its head. And this Northeast, making the waters, fish, is not a family value to put another notwithstanding the two previous ad- and air unsafe for children and for generation of young kids at risk of ministrations, Republican and Demo- pregnant mothers. I will speak more on learning disabilities. That is what the crat, that sought to enforce it. that as we go along. If this rule would mercury rules do. Now they have revoked an earlier actually help, I would be all for it. People in the United States will EPA finding that is necessary and ap- Let’s be serious. If we ever wondered watch what we do in the Senate, how what a mercury pollution rule written propriate to require these powerplants we vote. Will we side with the Amer- by the polluters would look like, now apply technology to reduce mercury ican people or the big polluters? we know. This is pretty much it. Some emissions. By revoking the earlier EPA The administration’s mercury rule is of this rule was copied verbatim, we finding and deciding instead to coddle a danger to America’s women and chil- now find out from some very brave peo- the biggest mercury polluters, the ad- dren. It is time to do it over and do it ple. It was copied verbatim from the ministration is saying it is no longer right. Listen to the Bush administra- sheets given by the companies most in- necessary or appropriate to adequately tion’s own inspector general. Do it volved in the pollution. control mercury emissions. It is an au- right. I hope we do go with the motion Most Americans have a great deal of dacious disregard for the health of the to proceed. trust in the Environmental Protection American people. The distinguished Senator from New Agency since it was created during Let’s do the rule over. Let’s get it Jersey is in the Senate and was seeking President Nixon’s administration. It is right. Look what we have. EPA rules 2 minutes. I yield 2 minutes to the dis- very sad, very appalling to see how are in orange on the chart and do not tinguished Senator from New Jersey. they have been captured by special in- meet the clean air requirements. The I am sorry, I withhold. terests. It is regrettable the American Clean Air Act is in blue on the chart. Mr. INHOFE. Let him go ahead. people and many of their representa- That shows how badly they miss it. Mr. LEAHY. I yield 2 minutes to the tives in Congress have been forced to This rule is going to allow more mer- distinguished Senator from New Jer- the conclusion that mercury rules have cury into our environment than even sey. been so mishandled and so co-opted by the current law. If we leave the current Mr. LAUTENBERG. Mr. President, special interests that this rare effort to law alone, there would be less mercury the time is short but certainly the override is necessary. in our environment. Instead, the rule alarm is real. We have a simple choice on mercury gives more pollution for longer than As I look at this, I am bewildered. I pollution. Do we follow the administra- the Clean Air Act allows. have three daughters. I have been for- tion and the well-funded special inter- The rule is all the more shameful be- tunate enough to have 10 grand- ests who are creating most of the mer- cause of the health damage. EPA’s own children. I have one son. The most pre- cury pollution and take several steps estimate of the number of newborns at cious assets I have in this world are backward and thus force the American risk of elevated mercury exposure has these 10 little kids. I cannot believe people to wait at least another decade doubled to 630,000. They also found that that any Member here, in a face-to-face before cleaning up the toxic mercury one in six pregnant women has mer- discussion, would say, We have to pro- spewing out of old powerplants across cury levels in her blood above the EPA- tect the ability of the coal powerplant this country? Do we allow this new rule safe threshold. I love to have people to continue to emit more mercury into to allow toxic mercury? So everyone stand up and say we are family friendly the atmosphere. I cannot believe any- understands what we are talking around here. Family friendly with one would take that as a fair exchange. about, this does not just make the 630,000 newborns at risk? One in six Would you rather make sure our coal- skies darker. This is a substance so pregnant women at risk, that is family fired powerplants have the right to in- harmful that it causes birth defects, IQ friendly? crease the emissions of mercury or loss, and mental retardation. Do we Also, mercury emissions contaminate would you rather know that this child continue to let it poison children and 10 million acres of lakes and 400,000 who may be in utero has a lesser pregnant women, while costing tax- miles of streams, which triggers chance of being affected by the scourge payers billions in health care costs? advisories in 45 States warning Amer- of mercury?

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20018 CONGRESSIONAL RECORD—SENATE September 12, 2005 Stated in a publication put out by makeup. It may still seem like coal to need to disapprove this regulation that the National Education Association, you and me, but it makes extracting would move our environmental cause small doses of mercury can impair the tiny amounts of mercury very difficult. significantly forward. brain and the developing nervous sys- Western coal is used overwhelmingly in I yield the floor. tem. Infants who appear normal during Missouri, and many of our Western Mr. FEINGOLD, Mr. President, mer- the first few months of life may later States do not respond to the same cury contamination is a critical envi- display subtle effects, shorter atten- technologies pursued by the motion’s ronmental health issue. This is why I tion span, poorer motor skills, slow sponsors. could not be more disappointed about language development, problems with Therefore, generators serving my the Environmental Protection Agen- visual-spatial ability such as drawing State of Missouri and many other cy’s so-called ‘‘Utility Mercury Reduc- and memory. These children will likely Western coal States would be forced to tions Rule’’ which was finalized in need extra help to keep up in school, shut down their coal plants and switch March of this year. The rule jeopard- possibly remedial classes or special to natural gas to make electricity. izes the health of our citizens, which is education. Natural gas prices are three times why I have cosponsored Senate Joint I hope all of our colleagues, who I what they were just a few years ago. Resolution 20, a resolution that dis- know feel as strongly about the protec- Using it to make electricity, one Nobel approves of the Administration’s fa- tion of our people as I do, but for good- laureate scientist said, is like burning tally flawed mercury rule. I will in- ness sake, do not ignore those protec- your antique furniture in your fire- clude for the RECORD a letter signed by tions by saying we have to make sure place to heat your home. 15 States, including Wisconsin, which that the powerplants do not have to do Manufacturers and employers who urges passage of S.J. Res. 20. their part and reduce the emission of depend upon natural gas for a raw ma- The need for stringent mercury con- more mercury. terial are outsourcing their operations trols has never been more urgent. We I yield the floor. to China and other low-cost natural know that mercury is a neurotoxin and The PRESIDING OFFICER. The Sen- gas areas. That means Missouri work- that mercury exposure can cause a ator from Oklahoma. ers and workers in States of my col- wide range of neurological problems Mr. INHOFE. Mr. President, I yield 5 leagues who make plastics, auto- and developmental delays. EPA’s own minutes to the Senator from Missouri, mobiles, chemicals, and metals will be scientists have discovered that twice as Senator BOND. losing jobs. Do we want to see even many American children are born at Mr. BOND. Mr. President, I thank the more workers hurt? risk from mercury exposure than pre- chairman of our committee. Farmers everywhere are already fac- viously thought and the EPA has re- I rise to ask my colleagues in the ing high prices for natural-gas-depend- ported that 1 out of every 6 women of Senate to think about raising energy ent fertilizer. Terrible drought has child-bearing age has so much mercury costs on American families and work- struck the Midwest’s corn and soybean in her blood that it poses a risk to a de- ers when we are suffering a significant crops. On top of this, the Midwestern veloping fetus. These risks should not energy problem. The American people barge traffic is crippled by Hurricane be overlooked. We are talking about already are struggling with high gaso- Katrina. Do we want to put more bur- the increased potential for develop- line prices. The natural gas prices are den on the agricultural sector? mental delays, lowered IQ, and atten- going to go even higher. Winter is ap- Fixed-income seniors have little tion and memory problems, as well as proaching, with heating bills regret- room in their monthly expenses for learning disabilities. In addition to the tably expected to go through the roof. higher air-conditioning, power, and obvious and enormous emotional and This, in my view, is no time to hit heating bills. Do we want to hurt these psychological toll of such problems, a our families with even more energy seniors even more? recently released peer-reviewed Mount price hikes. To borrow a slogan from Our low-income breadwinners must Sinai School of Medicine study found the other side, those are not family drive long distances from rural or that mercury-related brain develop- friendly. urban low-cost housing to get to their ment problems in children cost the Supporters of using the Congres- good-paying jobs. Their gasoline bills United States more than $2 billion an- sional Review Act to overturn EPA’s have imposed a heavy tax. Do we want nually. Despite the well-documented new mercury regulation will not men- to hurt these vulnerable families more? health risks posed by mercury emis- tion the higher energy costs they will We all deserve clean air. We need sions, especially to women and chil- bring. The problem is, voting for this waters free from contamination. We dren, the administration has moved motion requires an impossible solution. must have food safety. That is why this forward with this flawed rule. The technology does not exist to ac- President imposed the first mercury Thirteen million acres of lakes and complish what proponents want. They emissions cuts in our Nation’s history. 760,000 miles of rivers across the coun- want to reduce mercury from coal The last administration had to be sued try have been contaminated by mer- emissions by 90 percent. The adminis- to take action on mercury. Now Presi- cury emissions. In fact, in an attempt tration wants to reduce it by 70 per- dent Bush is requiring mercury cuts— to protect their citizens, 45 States cent. If I had a magic wand, I would be 70 percent cuts for acid-rain-causing across the country have issued fish happy to wave it and support a 90-per- sulfur dioxide, 70 percent for smog- consumption advisories related to mer- cent reduction. But I don’t. And the causing nitrogen oxides, and 70 percent cury. Anglers are warned against eat- hard-working workers and vulnerable for mercury. ing the very fish they catch because of families in Missouri and all the other Under the President’s Clear Skies widespread mercury contamination. States represented here would not be plan imposed by regulation, nearly Sadly, every one of the 15,057 lakes in able to take the higher costs that every American city will return to my home State of Wisconsin is under a would come with this. clean and healthy air. They will mercury-related warning, so I under- Sponsors claim the technology exists achieve Federal air quality standards stand this problem all too well. And and is used in Europe. But they might without having to impose their own even if Wisconsinites didn’t eat the fish not mention the technology is used on State or local regulations, killing jobs they caught inside our State, many of municipal waste. The last time I and hassling citizens. them would still be at risk, according checked, orange peels and coffee grinds We all care about the environment. to EPA and Food and Drug Administra- were a little different from coal. Spon- Together, by defeating this motion, we tion warnings, if they decided to con- sors may say the technology is starting can protect the environment, protect sume saltwater species like tuna, shell- to be pilot tested in the United States. family budgets, and protect workers’ fish, or swordfish. Given the situation What they are testing it on is Eastern jobs. in Wisconsin, I was not surprised when coal, Appalachian coal, not Western I urge my colleagues to vote no on the State joined nine other States ear- coal, which is a different chemical the underlying resolution. We do not lier this year in a lawsuit to force the

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Senate Joint Resolution 20 is the to exempt power plants, and their estimated Unless Congress acts to disapprove first step in protecting our citizens and 48 tons of annual mercury emissions, from the administration’s rule, reduction in the environment from the harm we the clear requirements of the Clean Air Act. the amount of mercury emitted will be know follows from mercury emissions. EPA’s failure to address the threat of mer- substantially delayed. Under the Clean cury as required by the Clean Air Act has I am saddened that we must take this forced our states to challenge the new rules Air Act, utilities are required to use step, but I hope that we can quickly rein court. In light of the mounting impacts of the maximum available control tech- verse the administration’s rule. Swift mercury emissions on public health and the nology to reduce mercury emissions by action by this body and the House will environment, EPA’s failure also compels us 2008. The rule we debate today—and reassure Americans that we are acting to request immediate Congressional action that I hope we void—would turn that with their well-being in mind, and I on this critical issue. We strongly urge you clock back by 10 years to 2018 and then urge all of my colleagues to support to vote in support of the Leahy-Collins reso- wouldn’t even achieve a target reduc- this important resolution. lution to require EPA to establish clean air standards that comply with the law and pro- tion of 70 percent. A 70 percent reduc- I ask unanimous consent to print the tect public health. tion would not be met until 12 years letter to which I referred in the Respectfully submitted, later. Clean air and water are critical RECORD. Peter C. Harvey, Attorney General, for to every individual’s health and we There being no objection, the mate- the State of New Jersey, and on behalf cannot put off meeting our original rial was ordered to be printed in the of the State of California: Bill Lockyer, deadline. Cost effective pollution con- RECORD, as follows: Attorney General; the State of Con- necticut: Richard Blumenthal, Attor- trol technology exists to limit mercury ATTORNEYS GENERAL AND CHIEF EN- ney General; the State of Delaware: M. emissions and companies are already VIRONMENTAL OFFICERS FOR THE Jane Brady, Attorney General; the STATES OF NEW JERSEY, CALI- moving forward on installing such State of Illinois: Lisa Madigan, Attor- FORNIA, CONNECTICUT, DELAWARE, equipment. We should encourage this ney General; the State of Maine: G. ILLINOIS, MAINE, MASSACHUSETTS, innovation and move forward to quick- Steven Rowe, Attorney General; the MINNESOTA, NEW HAMPSHIRE, NEW ly reduce the health risks we know to Commonwealth of Massachusetts: MEXICO, NEW YORK, PENNSYL- be associated with this neurotoxin. Thomas F. Reilly, Attorney General; VANIA, RHODE ISLAND, VERMONT, the State of Minnesota: Mike Hatch, The administration’s final mercury WISCONSIN, Attorney General; the State of New rule, with its cap and trade emissions September 8, 2005. Hampshire: Kelly A. Ayotte, Attorney proposal, also falls far short of what DEAR SENATOR: As chief legal and/or envi- the Clean Air Act requires to protect ronmental enforcement officers for our General; the State of New Mexico: Pa- states, we are writing to express our grave tricia A. Madrid, Attorney General; the people all across the country. This is in State of New York: Eliot Spitzer, At- part because, as noted by a National concerns about the Environmental Protec- tion Agency (‘‘EPA’’) rulemaking regarding torney General; the Commonwealth of Academy of Sciences study, ‘‘hot Pennsylvania: Department of Environ- spots’’ of mercury are the inevitable mercury emissions from power plants. We urge you to support a bi-partisan joint reso- mental Protection, Susan Shinkman, result of such a cap and trade program. lution sponsored by Senators Patrick Leahy Chief Counsel; the State of Rhode Is- Companies wouldn’t be required to con- and Susan Collins under the Congressional land: Patrick Lynch, Attorney Gen- trol emissions at their source and Review Act (S.J. Res. 20), disapproving eral; the State of Vermont: William H. could instead simply buy their way out EPA’s attempt to exempt power plants from Sorrell, Attorney General; the State of Wisconsin: Peggy A. Lautenschlager, of compliance. Although trading pro- the stringent control requirements of the hazardous air pollutants section of the Clean Attorney General. grams may work with other pollutants, Mr. CORZINE. Mr. President, I rise it will not work with mercury. This Air Act. In our view, the mercury rules fail to ade- today to express my outrage that my flawed approach will lead to highly quately protect the public from harmful colleagues and I have to fend off yet toxic areas peppered throughout each mercury emissions from coal-fired power another attack on the environment by state instead of across-the-board emis- plants, which threaten the health of our na- the Bush administration. I am appalled sions reduction at each site. tion’s children. Significantly, the rules fail that instead of taking steps toward im- I am not only disturbed by the sub- to meet the minimum requirements of the proving air quality by implementing stance of the EPA’s mercury rule but Clean Air Act at a time when the threat stricter CAFE standards, reducing also by investigations that have deter- posed by mercury to public health and the greenhouse gas emissions, and other environment is clear. Mercury pollution in mined that the process by which the positive measures, the Bush rule takes rule was drafted was badly flawed and our waterways has forced states to issue fish advisories covering more than 13 million a giant step backward. by the failure of EPA to consider all acres of our lakes, and 760,000 miles of our Indeed, the mercury rule put forth by available data. First, in conducting its rivers. The scope of mercury exposure has the Bush administration takes Amer- investigation of the mercury rule mak- led scientists to estimate that up to 600,000 ican environmental policy back at ing process and prior to finalization of children may be born annually in the United least 5 years. In 2000, the Environ- the rule, the EPA’s Inspector General States with neurological problems. These mental Protection Agency determined reported the rule’s development was problems require swift and effective regu- that powerplants must be regulated ‘‘compromised and, therefore, may not latory action to limit mercury emissions in under the Clean Air Act because they represent the lowest emissions level the United States. Section 112 of the Clean Air Act provides are the largest remaining sources of that could be achieved.’’ Second, and the framework for such regulatory action by mercury pollution and are, therefore, a before the rule was finalized, the Gov- requiring the maximum achievable level of public health risk. Up until the spring ernmental Accountability Office issued pollution control on the sources of hazardous of 2003, EPA was working toward final- a report that severely criticized the air pollutants such as mercury in an expedi- izing an effective regulatory policy to EPA’s rulemaking process, finding that tious time frame. Unfortunately, EPA’s re- reduce mercury emissions from power- it violated the Agency’s own policy, as cent rules regulating mercury seek to ex- plants by over 90 percent beginning in well as OMB guidance and presidential empt the single largest U.S. source of mer- 2008. But in 2003, the Bush administra- executive orders. Finally, the EPA cury, coal-fired power plants from the re- tion reversed course by developing this quirements of section 112. Instead, EPA has chose to ignore a Harvard study, which promulgated rules that will allow many new rule that exempts powerplants had been commissioned by the EPA, power plants to avoid any reductions in their from any regulation under the Clean that demonstrated substantial public mercury emissions, and will prolong the Air Act. Bowing to industry pressure, health benefits to a more stringent problem of ‘‘hot spots’’ of mercury contami- the Bush rule will do nothing to reduce

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Mr. have been declared unsafe to eat as a 1,500 babies suffer from metal retarda- President, mercury emissions are con- result of poisoning from mercury. In tion due to mercury exposure in utero. tinuing to grow and are endangering New Jersey alone, there are mercury In addition to the life-long personal the health of American families across consumption advisories for at least one impacts, the study found that the na- the country. species of fish in almost every body of tion loses $2 billion annually from such I am proud to say that my State, water in the State. injuries. New Jersey, has taken the helm on re- Knowing these health risks, we can- Forty-five States warn people to reducing its own instate emissions. Last not be complacent about this new rule. duce or avoid consumption of fish from year, New Jersey adopted stringent How can we sit back and let power- waterbodies that contain mercury due rules on mercury emissions from coal- plants, the Nation’s worst mercury pol- to the risk associated with eating these fired powerplants, iron and steel melt- luters, reduce their mercury emissions fish. Mercury levels become con- ers, and municipal solid waste inciner- by such a drastically different rate centrated in some fish, reaching more ators. New Jersey’s rules set the goal than what the Clean Air Act requires? than one million times the level of of reducing emissions from instate This is morally repugnant, irrespon- mercury in the water. coal-fired plants by 90 percent by the sible and just plain wrong. Where does this mercury come from? year 2007. By taking this hard line on We have the technology to control Powerplants are the single largest mercury, my State will reduce its mer- mercury emissions—that is not the source of U.S. emissions of mercury, cury emissions by over 1,500 pounds of problem. The problem is that industry accounting for 44 percent of all such mercury each year. does not want to be accountable for the emissions. These powerplants emit 30 While New Jersey has implemented costs of polluting, and the Bush admin- percent of the mercury that currently this aggressive strategy in the fight to istration is letting them get away with pollutes U.S. waters. Fish contami- protect the public from mercury expo- that. Instead, the public will incur the nated with mercury is the main source sure, the new Bush administration rule health costs of not reducing emissions. of exposure for people in our nation. The Clean Air Act requires reduc- undermines these efforts. More than Once again, it is clear that the admin- tions in mercury emissions that are one-third of mercury deposition in New istration has no problem letting big in- crucial to protect public health. But, Jersey comes from out-of-state dustry off the hook at the expense of the Bush administration has decided to sources. Instead of allowing more mer- the public’s health. ignore the law. cury emissions from coal-fired plants, The science is behind us and the EPA’s rule on coal- and oil-fired pow- shouldn’t the Federal Government be technology available to reduce human erplants implements slower and weaker strengthening its laws by requiring exposure to mercury. We cannot re- requirements than under the Clean Air States to adopt strict rules similar to treat; we must move forward and pro- Act. This ill-advised rule delays reduc- New Jersey’s? Instead, it is removing tect our Nation’s children. I urge my tions for 10 years and allows higher powerplants from the list of pollution colleagues to support the resolution. emissions of mercury, compared to the sources subject to stringent pollution Mrs. BOXER. Mr. President, just over Clean Air Act’s requirements. EPA’s controls under the Federal Clean Air 5 short months ago, the Bush adminis- projected reductions in emissions Act. Why does the administration want tration finalized a rule that weakens under the rule do not meet the reduc- to undercut States, such as New Jer- and delays required controls on emis- tions required by the Clean Air Act. sey, that are making the right decisions of mercury from coal- and oil- And, in fact, this chart shows the re- sion? fired powerplants. We should overturn ductions do not even meet what the Thankfully, New Jersey has not this rule today. rule itself calls for. backed down, and stands by its goal to This vote presents a clear choice: Why did the EPA get it so wrong? reduce mercury emissions. In fact, New does the United States Senate support Well, for starters, EPA used language Jersey spearheaded a multistate law- protecting the health of millions of from utility-industry lawyers—almost suit challenging the EPA’s rule children in our nation, or does it sup- word for word—to create the rule. delisting powerplants as a source of port protecting the profits of industries On September 22, 2004, the Wash- mercury pollution. Fourteen States that emit mercury, which poisons our ington Posted reported that: have joined New Jersey’s challenge to children and environment? For the third time, environmental advo- this rule because it violates the Clean The Bush administration supports cates discovered passages in the Bush admin- Air Act and fails to protect the public the interests of polluting industries. istration’s proposal for regulating mercury adequately from the harmful mercury The administration’s rule saves the pollution from power plants that mirror al- emissions from coal-fired powerplants. electric industry money, but at a se- most word for word portions of memos writ- The health effects of mercury are no vere cost to public health. The admin- ten by a law firm representing coal-fired secret. Mercury is a known neurotoxin power plants. . . . The EPA used nearly iden- istration has—once again—used the tical language in its rule, changing just that can cause severe neurological and Federal Environmental Protection eight words. In a separate section, the agen- developmental problems. Developing Agency to protect polluters. cy used the same italics [the law firm] used fetuses and children are the most vul- Mercury is a potent poison. Studies in their memo . . . nerable to the effects of mercury con- show that it may damage the human Let me repeat the last part. The in- tamination. The threat is so severe cardiovascular, endocrine, immune, dustry memo and the rule that EPA that the National Academy of Sciences and respiratory systems. It also harms proposed even used the same italics. recommends that pregnant and nursing the nervous systems of developing What else did EPA do wrong? mothers not eat more than 6 ounces of fetuses. Low levels of mercury expo- The EPA’s own inspector general fish per month. Even by EPA’s own es- sure in utero can damage a fetus’s found that senior EPA officials told ca- timates, more than 600,000 infants are brain and create long-term injuries, in- reer EPA staff to produce a rule that born each year with blood mercury lev- cluding learning disabilities, poor aca- allowed 34 tons of annual mercury els higher than 5.8 parts per billion, the demic performance, and reduced capac- emissions, rather than to produce a EPA level of concern. That is 600,000 ity to do everyday activities like draw- rule that complied with the law. children who are at risk of harmful im- ing and learning to speak. Let me quote from a 2005 EPA inspec- pacts on cognitive thinking, memory, Up to 637,000 children are born each tor general report that examined attention, language, and fine motor year having already been exposed to EPA’s mercury rule:

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Evidence indicates that EPA senior man- (At the request of Mr. REID, the fol- Mercury in Nevada is a problem, as it agement instructed EPA staff to develop a lowing statement was ordered to be is in 44 other States. Forty-four States, Maximum Achievable Control Technology printed in the RECORD.) including Nevada, have warnings urg- (MACT) standard for mercury that would re- Mr. KERRY. Mr. President, I regret ing residents to avoid eating mercury- sult in national emissions of 34 tons annually, instead of basing the standard on an un- having to miss the vote on the Collins- laden fish caught in lakes, rivers, and biased determination of what the top per- Leahy mercury resolution on the floor streams. forming units were achieving in practice. today; however, I am in Louisiana de- I first want to thank Senators LEAHY Again, this bears repeating: Senior livering supplies to the victims of Hur- and COLLINS for bringing the mercury EPA officials rigged the rulemaking to ricane Katrina. It is my understanding pollution rule resolution of disapproval allow the power industry to emit a that my absence will not affect the to the floor today. heavy metal that can poison children. outcome of this vote. Mercury is a potent neurotoxin that But, it doesn’t end there. The scientific evidence regarding the can affect the brain, heart, and im- Both EPA’s inspector general and role that mercury contamination plays mune system. Developing fetuses and Congress’s Government Accountability in public health and the environment children are especially at risk, and Office found that EPA failed to assess speaks to the importance of this issue. even low-level exposure to mercury can all of the public health benefits of re- Mercury is a potent neurotoxin harm- cause learning disabilities, develop- ducing mercury. EPA ignored demands ful to fetuses’ and infants’ nervous sys- mental delays, and other problems. from its own Children’s Health Protec- tems. Frighteningly, one in six women Mercury’s impact on public health tion Advisory Committee and other of childbearing age in the United has been well documented. EPA sci- public health groups to asses such inju- States carries enough accumulated entists estimate that one in six preg- ries. mercury in her body to pose risks of nant women in the United States has Let me quote from a January 4, 2005 adverse health effects to her children enough mercury in her body to put her letter that the Advisory Committee should she become pregnant. But it child at risk. That is too bad. wrote to the EPA: doesn’t end there. A recent study found The Food and Drug Administration links between mercury and childhood has recommended that children and While we are pleased to see that EPA is considering additional external analyses, we developmental disabilities such as au- women of childbearing age eat no more note that EPA has not conducted the anal- tism. Forty-five States have fish than two meals of fish per week and to ysis recommended by [the Children’s Health advisories for mercury warning preg- avoid eating certain fish altogether. Protection Advisory Committee] . . . Spe- nant women and children to limit their Powerplants are the largest emitter cially, we asked the Agency to develop ‘an consumption of many fish caught in of mercury in the United States, emit- integrated analysis with respect to whether freshwater. And researchers have ting over 40 percent of the total mer- emissions reductions under either of these warned that mercury is associated with cury emissions. proposals are the most child-protective, cardiovascular disease in adult men. On March 29, 2005, the Bush adminis- timely, and cost-effective,’ using existing tration issued the final rules that give available data. . . . The [Children’s Health Facing this threat to the environ- Protection Advisory Committee] notes that ment and our public health, the Bush powerplants a pass on mercury emis- none of the [EPA’s] Principle questions for EPA has failed. Whether through effort sions for years, delaying modest reduc- consideration [of the rule] addresses the im- or error, it has repeatedly taken its tions until the year 2018. portance of healthy child development in as- lead from regulated industries, over- Every time I hear the Clear Skies sessing a country’s economic competitive- looked sound science, and put the de- Initiative, it reminds me of the book ness. mands of the special interest ahead of ‘‘1984.’’ That is Orwellian. That legisla- The Advisory Committee wrote four the public interest. EPA has indefen- tion does everything except clean the letters admonishing the EPA to con- sibly purported to overturn its obliga- air. The American people want air they duct the needed analysis and increase tion under the Clean Air Act to adopt can breathe that is safe. They want protections for children. far more protective mercury regula- water they can drink. Delaying these Did EPA listen? No. EPA unlawfully tions by 2008. Simultaneously the reductions until 2018 does not do that. allowed industry to emit poison, and Agency has substituted far weaker Earlier this year, the EPA Inspector then turned a blind eye to the injuries measures that do not require any spe- General and the Government Account- suffered by the children who will be cific mercury reductions before 2018, ability Office found that the EPA hurt most from this decision. and even then delay the ultimate re- failed to analyze the health impact and In this rule, EPA chose not to require ductions for an additional decade. ignored scientific evidence to establish coal and oil-fired powerplants to make As Members of the Senate, we have a a predetermined and less protective the same types of reductions that med- unique opportunity under the Congres- mercury rule favored by the Bush ad- ical and municipal waste incinerators sional Review Act to send the mercury ministration political appointees. have made. These facilities, which emit powerplant rule back to the EPA for a This is not some partisan harangue. mercury, have reduced their emissions thorough review. Only through a new This is from the Inspector General of by 90 percent using the maximum rulemaking can we hope to develop a the Environmental Protection Agency achievable control technologies. scientifically sound proposal that will and the Government Accountability EPA got it wrong by cooking the protect the public health, protect the Office, the watchdog of this body, the books, using industry-supplied lan- economy and give the public any con- Congress. guage, willfully ignoring the most se- fidence in the regulatory process. Ten States have filed lawsuits vere public health impacts, and simply The PRESIDING OFFICER. The Sen- against the EPA saying the rules cer- refusing to make powerful industries ator from Nevada. tainly do not go far enough. In addi- comply with the same rules as other Mr. REID. Mr. President, I will use tion, thousands of sportsmen’s groups— entities. leader time, not to use the remaining thousands of sportsmen’s groups—pub- We must reject EPA’s rule to delist time Senator LEAHY has. lic health groups, environmental these facilities as emitters of haz- The PRESIDING OFFICER. The Sen- groups, and religious organizations op- ardous air pollutants. The Senate must ator has that right. pose the Bush administration mercury join with the religious community, Mr. REID. Mr. President, we do not rule. public health advocates, fishermen and have a lot of rivers in Nevada. We have EPA rules that allow mercury emis- hunters, environmental groups and very few. The little river we love a sions to continue are a danger to public more than a dozen states in opposing great deal is called the Carson River. It health. This great Nation cannot com- this rule. is a wonderful place to fly fish. But promise health simply to protect the We must vote to protect public there are signs posted in various places financial interests of utilities. That is health, not the profits of the power in- on the Carson River warning of the why we should reject the administra- dustry. danger of mercury. tion’s mercury rules and send the EPA

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Forty-four about 2 years ago testimony from com- This resolution is intended to force States have warnings urging residents panies such as WL Gore that they have the Environmental Protection Agency to avoid eating mercury-laden fish the ability to reduce mercury emis- to impose a very costly and potentially caught in their rivers, lakes, and sions by 40, 50, 60, 70 percent. I just devastating regulation in place of the streams. Mr. President, that says it all. learned from my staff there is an out- existing Clean Air Mercury Rule, which The PRESIDING OFFICER. The Sen- fit, a Colorado-based company, ADA relies on an already well-proven mar- ator yields back. Environmental, that has been awarded ket-based approach, as I just men- The Senator from Oklahoma. contracts to install new mercury-con- tioned. The current EPA approach will Mr. INHOFE. Mr. President, I see the trol technologies in two powerplants cut mercury emissions by 70 percent— Senator from Delaware is in the Cham- being built in the Midwest. I think 70 percent—at an estimated cost of $2 ber. If he would like to go ahead, it they are looking for mercury emission billion. Supporters of this resolution would be acceptable. reductions by as much as 80 percent. prefer a maximum achievable control Mr. LEAHY. Mr. President, how This is not something we will only be technology—MACT—standard which is much time is still available to the Sen- able to do in 2018 or 2017 or 2016. These not nearly as cost effective. ator from Vermont? are emission reductions that are Supporters also want the MACT The PRESIDING OFFICER. The Sen- achievable in the next couple of years. standard to cut mercury by 90 percent. ator from Vermont has 3 minutes. The It is all well and good we want to re- The independent Energy Information Senator from Oklahoma has 15 min- duce emissions in 2018 by 70 percent. Administration has found that the im- utes. We can do better than that. We ought plementation of a 90-percent MACT Mr. LEAHY. Mr. President, I yield 3 to do better than that. standard within 3 years would cost up minutes to the Senator from Delaware. There is a balance that is achievable. to $358 billion. I did not say ‘‘million,’’ The PRESIDING OFFICER. The Sen- The balance involves reducing the level I said ‘‘billion.’’ ator from Delaware. of mercury emissions and at the same The additional $356 billion of the Mr. CARPER. I thank my colleague. time not causing further spikes in the MACT—which is much more than the Mr. President, others have spoken price of natural gas. We can do both, current rule will cost—is projected to this evening of the health threat that and we need to do both. only reduce mercury deposition in the is posed to our young, the unborn, and The rule this administration sub- United States by about 2 percent more to pregnant women. I am not going to mitted to us and has promulgated does than the current regulation. As we can belabor those points. They have been not do both. We can do better than see from the chart that is behind us, 22- well made. that. My hope is in our committee we percent higher electricity prices and Senator REID mentioned there is a will be able to do that before long. costs would be $358 billion. river in his State where you can’t eat The PRESIDING OFFICER. The Sen- A 90-percent MACT would have dev- the fish because of the mercury con- ator’s time has expired. astating consequences on natural gas tent. Ironically, last Friday, I was on a The Senator from Oklahoma. supplies which are already in a crisis. river that literally flows through Wil- Mr. INHOFE. Thank you, Mr. Presi- According to the EIA, the Energy In- mington, DE. If you ever come up I–95, dent. formation Administration, it could in- through Wilmington, up on the train First, let me advise everyone where crease by 10 percent the natural gas through Wilmington in the Northeast we are right now. We will be having a used by utilities that are forced to fuel Corridor, you go right by the Christina vote at the conclusion of my remarks switch. The Senator from Ohio talked River. I was out on the Christina River on the motion to proceed. Tomorrow about the fact they would have to this last weekend with one of our there will be actually a vote on the res- switch from coal to natural gas. I former Governors, Russell Peterson. olution. And tomorrow is the signifi- think everyone understands that would You can’t eat the fish, or at least you cant vote. There has been a lot of talk happen. shouldn’t eat the fish in the Christina about today’s motion, but tomorrow’s This would also cripple industries River. There are several other rivers in is very significant. that rely on natural gas, such as the my State which have a similar ban in I have to say it appears to me this is chemical industry, which has already effect. One of the problems with the highly politically charged, that we lost 90,000 jobs since the year 2000 due fish is they have mercury in them. would be talking about this at this in large part to the rising cost of nat- One of the problems with the rule the time. Of course, we have the confirma- ural gas. We have talked about that on President has suggested, a strict cap- tion of a Supreme Court Justice, as the the Senate floor. We discussed that in and-trade approach with respect to Senator from Vermont knows. He is our committee, the EPW Committee. mercury—the problem I have, the con- very diligently involved in that con- This last weekend I was in Lawton, cern I have is, let’s say you have a high firmation process. We have the catas- Altus, and Frederick, OK. That is in mercury-emitting powerplant here, and trophe down in Alabama and Mis- the far southwestern part of the State. you have a lower one here. If the folks sissippi and Louisiana. Yet we are tak- The farmers down there have received who have the higher emitting plant ing time to do this. through their organizations what want to continue to emit a lot of mer- I have to ask the question, Is there would be the increased cost of fer- cury, they can do that under the strict anyone in this Chamber who believes tilizer. One of the main components of cap-and-trade approach. They can say: the President would sign legislation to fertilizer is natural gas. They really We will find a way in another part of repeal his own administration’s rule? cannot take any more hits. So it goes the country to reduce mercury emis- As the Senator from Ohio pointed out, far beyond just the chemical industry. sions and use that to trade off the the President has already announced The most effective, most flexible, and high-emitting utility. he is going to veto this resolution in least burdensome way to achieve mer- The problem, for me at least, with a the event it passes. So we are not real- cury reduction is to build on the most strict cap-and-trade approach is mer- ly accomplishing anything. successful part of the Clean Air Act, cury hot spots. Cap and trade is fine, I have to say, this is hardly the time the acid rain program. Many Senators but I think we would be much smarter to discuss overturning an existing resisted the acid rain program, saying to have an approach that almost every clean air regulation that relies on an there would be hot spots and compli- utility—which is burning whatever fuel approach that is proven to be effective. ance problems, yet there have been no it is, coal or some other, to create elec- There were sceptics back when acid hot spots and, unlike with most of the

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 12, 2005 CONGRESSIONAL RECORD—SENATE 20023 Clean Air Act, virtually no enforce- of the country, including virtually the son for Congress to interfere with this ment problems. As the senior Senator entire United States. Nonetheless, it is process. Congress can take affirmative from Vermont said in 1999: true that in most of the East, power- action on mercury emissions by pass- When we were debating controls for acid plants are responsible for 1 to 10 ing the Clear Skies legislation. rain, we heard a lot about the enormous cost micrograms per square meter of the We went through this. We have been of eliminating sulfur dioxide. But what we deposition. In a small region of the working for 2 years to get the Presi- learned from the acid rain program is that country, they cause as much as 10 to 20 dent’s Clear Skies legislation passed. when you give industry a financial incentive micrograms. That is why the EPA has Clear Skies legislation mandates a 70- to clean up its act, they will find the cheap- issued its regulation. percent reduction in SO , NO , and in est way of doing it. X X The next chart, however, is reveal- mercury. And for some reason those in- I think he was correct. That is ex- ing. With the EPA’s rule, powerplants dividuals who claim to be concerned actly what the current rule under will contribute less than 1 microgram about the environment would rather which we are operating does, the cap in the vast majority of the country and have no mandated reduction at all. We and trade, similar to the successful less than 5 micrograms anywhere else. have the opportunity now to do that. program that was used in acid rain. Clearly, the EPA rule is effective. Yet Clear Skies cuts mercury emissions Moreover, supporters of the resolution despite the effectiveness of the EPA from the power section by 70 percent. that is under consideration assume the rule, some are advocating overturning The President’s Clear Skies legislation cap and trade mercury rule would be a 70-percent emission reduction in the is a more effective, long-term mecha- replaced with a 90-percent MACT rule. hopes of eking out a slightly greater nism to achieve large scale national re- When the EPA first proposed the cap reduction of 90 percent. ductions of not only mercury but sul- and trade approach last year, it also This last chart, No. 8, completes the fur dioxide and nitrogen oxides. Clear proposed a MACT approach. The MACT story. Even if all powerplants in the Skies legislation applies nationwide it proposed as complying with the law country were shut down, mercury depo- and is modeled on the highly successful would only cut mercury emissions by sition would be at least 5 to 10 acid rain program, a program many 29 percent—not 90 percent, 29 percent. micrograms; that is, if we shut down people have said was not going to Yet here we have a rule that cuts mer- all powerplants. All we are addressing work, was not going to be effective. cury by 70 percent, and it costs less be- now is powerplants, and a lot of people Yet we all now realize it was effective. cause it uses cap and trade. Why would are deceived into thinking that power- We are not talking about just mer- the sponsors of this resolution want to plants is where you get your problem cury. We are talking about sulfur diox- get only a 29-percent reduction in mer- with mercury. That is not it. One per- ide, nitrogen oxide. I believe it would cury? cent of the total is in powerplants. be totally irresponsible to somehow Actual deposition and its variety of Even if all powerplants in the country roll back the first attempt that we sources are rarely discussed. Mercury were shut down, mercury deposition have to regulate mercury in power- emissions are not exclusive to power- would be at least 5 to 10 micrograms. plants. Keep in mind, prior to 6 months plants. In fact, U.S. powerplants con- In half the country, it is 10 to 15 ago, it was not regulated at all. That is tribute but 1 percent of the global micrograms. In a significant portion of what this is all about. total, according to Josef Pacyna of the the country, it ranges from 15 to more Tonight is a vote on the motion to Norwegian Institute of Air Research, than 20 micrograms. proceed. I don’t care about the motion as well as the U.S. Environmental Pro- Look at this chart. Now go back to to proceed. Let’s go ahead and vote in tection Agency. An enormous amount chart 3. It is incredible that some Sen- favor of that. Tomorrow is the main originates in Asia. More than half of ators are willing to roll back EPA’s vote. That is a significant vote. I think mercury emissions are nationally oc- current rule when deposition from pow- we need to proceed to that vote tomor- curring. Given that statistic, mercury erplants will be negligible compared to row. will be present in the human blood- other sources. EPA believes we should I yield back the remainder of my stream regardless of whether power- act now to reduce emissions of mercury time. plants are regulated by a cap and trade from the powerplants so we can achieve emissions reduction program or the the progress you see in chart No. 7. Re- f more costly but less effective MACT pealing the section 111 rule would be a CONCLUSION OF MORNING standard—or, for that matter, even if step backward in our efforts to regu- BUSINESS all powerplants and manufacturing fa- late mercury emissions from power- The PRESIDING OFFICER. All time cilities in the country were to be shut plants. It would create enormous un- having been yielded back, morning down altogether. certainty for the States. Keep in mind business is closed. EPA data shows that eliminating that prior to 6 months ago, when the U.S. powerplants from the mercury President came out with a cap and f deposition equation would have vir- trade restriction on mercury, we had DISAPPROVING A RULE PROMUL- tually no effect on reducing actual dep- no restriction on mercury in power- GATED BY THE ADMINISTRATOR osition. Throughout New England, for plants. It was nonexistent. In the ab- OF THE ENVIRONMENTAL PRO- example, the range of deposition levels sence of the mercury rule, there will be TECTION AGENCY—MOTION TO would be unchanged. With or without no Federal regulation of mercury from PROCEED powerplants, deposition levels are be- existing powerplants, at least in the Mr. INHOFE. Mr. President, I move tween 10 and 15 micrograms per square foreseeable future. Repealing EPA’s that the Senate proceed to the consid- meter in the overwhelming majority of rule would roll back the 70-percent re- eration of S.J. Res. 20. the area. Where there is a reduction, ductions required by the agency and The PRESIDING OFFICER. Under the amount is negligible. eliminate incentives for the develop- the previous order, the Senate will pro- These four charts created by the EPA ment of new mercury-specific control ceed to a vote on the motion to proceed using state-of-the-art computer mod- technologies. to S.J. Res. 20 which the clerk will re- eling tell the story. As you can see in It is not appropriate for Congress to port. chart No. 5, throughout the country address this issue. The very people who The assistant legislative clerk read mercury deposition from all sources claim that EPA acted improperly have as follows: ranges from as low as 5 to 10 asked the DC Circuit Court of Appeals micrograms, up to more than 20 to review the EPA’s action to deter- A joint resolution (S.J. Res. 20) disapproving a rule promulgated by the Admin- micrograms per square meter. The next mine if their actions were proper or im- istrator of the Environmental Protection chart, in contrast, shows that power- proper. The court would thoroughly re- Agency to delist coal and oil-direct utility plants contribute less than 1 view the legal and factual basis for the units from the source category list under the microgram per square meter for most EPA’s determination. There is no rea- Clean Air Act.

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20024 CONGRESSIONAL RECORD—SENATE September 12, 2005 Mr. INHOFE. Mr. President, I ask for CLEAN AIR MERCURY RULE resentatives and the Commission for the yeas and nays. Mr. VOINOVICH. Mr. President, I Environmental Cooperation—I learned The PRESIDING OFFICER. Is there a rise this evening to express opposition that as much as 45 percent of the mer- sufficient second? to the resolution that we are going to cury disposition in the Great Lakes is There appears to be a sufficient sec- be voting on tomorrow morning. First, believed to come from Asia. ond. for the benefit of my colleagues, I We have had some discussion today The question is on agreeing to the would like to explain that to be effec- about mercury control technology. I motion to proceed. The clerk will call tive the resolution must be passed by would like to share with my colleagues the roll. the Senate and the House and signed that the testing performed by the De- The assistant legislative clerk called by the President. While the act pro- partment of Energy, EPA, and the elec- the roll. vides for expedited and privileged pro- tric utility industry has demonstrated Mr. MCCONNELL. The following Sen- cedures in the Senate, there are not that existing control equipment for ators were necessarily absent: the Sen- such rules in the House. I have every sulfur dioxide, nitrogen oxide, and par- ator from Montana (Mr. BURNS), the reason to believe this resolution will ticulate matter can reduce mercury Senator from Georgia (Mr. CHAMBLISS), not be considered by the House, and emissions by approximately 40 percent. the Senator from South Carolina (Mr. even if it is considered by the House In other words, if we do a better job of DEMINT), the Senator from Florida and passed, the President has an- reducing NOX and SOX, we will have a (Mr. MARTINEZ), and the Senator from nounced today that he would veto this real impact on the reduction of mer- Kansas (Mr. ROBERTS). legislation. So it is clear where this is cury in the United States. Further, if present and voting, the going. According to the DOE’s national en- Senator from South Carolina (Mr. What are we talking about? On vironmental technology laboratory, DEMINT) would have voted ‘‘yea.’’ March 15 of this year, EPA finalized the ability of these existing pollution Mr. DURBIN. I announce that the the clean air mercury rule and made controls to reduce mercury can vary Senator from Hawaii (Mr. INOUYE), the the United States the first nation in from zero levels approaching 90 per- Senator from Massachusetts (Mr. the world to regulate mercury emis- cent. In fact, some combinations of KERRY), and the Senator from West sions from existing coal-fired power- control technologies for reasons unex- Virginia (Mr. ROCKEFELLER), are nec- plants. That is the first in the world. plained show an increase in mercury essarily absent. We know we have coal-fired power- emissions. The PRESIDING OFFICER (Mr. TAL- plants all over the world—China, India, So the status of the technology is ENT). Are there any other Senators in all over. Through two phases in a pro- really fuzzy. If mercury technology is the Chamber desiring to vote? gram called cap and trade, mercury so settled, as my colleagues would lead The result was announced—yeas 92, emissions will be reduced by 70 percent. many to believe, then why is the De- nays 0, as follows: The program is modeled after the Na- partment of Energy supporting 36 mer- [Rollcall Vote No. 224 Leg.] tion’s most successful clean air pro- cury control projects located in 12 YEAS—92 gram, the Acid Rain Program. There States—California, Washington, Ala- Akaka Dole McCain were not any lawsuits filed, and it went bama, Pennsylvania, Virginia, Ohio, Alexander Domenici McConnell through and made a big difference in West Virginia, Colorado, North Da- Allard Dorgan Mikulski terms of reducing acid rain. kota, North Carolina, and Iowa. Allen Durbin Murkowski Additionally, Green Wire published Baucus Modeling by the Electric Power Re- Ensign Murray an article, by the way, that was ref- Bayh Enzi Nelson (FL) search Institute, an independent non- Bennett Feingold Nelson (NE) profit research organization, shows erenced by the Senator from Delaware, Biden Feinstein Obama that the rule is going to reduce mer- where the first sentence reads: A lead- Bingaman Frist Pryor cury in every State. This is quite ing technology for removing mercury Bond Graham Reed Boxer Grassley amazing given the nature of mercury. from the coal combustion process will Reid Brownback Gregg Salazar Let us talk about mercury and where be fully applied for the first time to a Bunning Hagel Santorum it comes from because the debate ear- commercial scale powerplant. So this Burr Harkin Sarbanes Byrd Hatch lier this evening gave the impression is proven technology of one or two out Cantwell Hutchison Schumer that all of the mercury that people are of more than a thousand coal-fired Carper Inhofe Sessions Shelby experiencing today in the United units are going to install it. Chafee Isakson In other words, we have a couple of Clinton Jeffords Smith States comes from the United States. Coburn Johnson Snowe Not so. Mercury travels hundreds and plants that they are talking about Cochran Kennedy Specter thousands of miles. About 55 percent of doing something in terms of this mer- Coleman Kohl Stabenow worldwide mercury emissions come cury technology. The vendor that is Collins Kyl Stevens Conrad Landrieu Sununu from natural sources such as oceans going to install this technology on two Cornyn Lautenberg Talent and volcanoes. So it is already in the plants in the Midwest has said their Corzine Leahy Thomas environment. Only 1 percent of world- target is 80 percent. Craig Levin Thune Those who are promoting the resolu- Crapo Lieberman Vitter wide emissions come from U.S. power- Dayton Lincoln Voinovich plants, which is what we are talking tion want a 90-percent reduction within DeWine Lott Warner about today. 3 years. Now, here is somebody who is Dodd Lugar Wyden From 1990 to 1999, the Environmental out there in front on technology, and NOT VOTING—8 Protection Agency estimates that U.S. they are talking about their target Burns Inouye Roberts emissions of mercury were reduced by being 80 percent. The President’s regu- Chambliss Kerry Rockefeller nearly half. So we have been doing lation, EPA regulation, is a reduction DeMint Martinez some real good, and that has been com- of 70 percent. The motion was agreed to. pletely offset by increases in emissions So let us look at this. Two plants out The PRESIDING OFFICER. The Sen- from Asia. of more than 1,000 coal-fired plants. I ator from Ohio is recognized. As many of my colleagues know, am not sure that one could argue with f throughout my career I have focused a a straight face that the technology is lot of my time and energy on the Great out there to do what the sponsors of MORNING BUSINESS Lakes. In a report published after a this resolution would say that they Mr. VOINOVICH. Mr. President, I ask workshop sponsored by the Inter- could do. unanimous consent that there be a pe- national Air Quality Advisory Board of According to the DOE, currently no riod for morning business. the International Joint Commission— single technology exists that can uni- The PRESIDING OFFICER. Without the International Joint Commission is formly control mercury from all pow- objection, it is so ordered. made up of U.S. and Canadian rep- erplant gas emissions. For that reason,

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 12, 2005 CONGRESSIONAL RECORD—SENATE 20025 the EPA concluded that mercury-spe- the highest natural gas prices in the committee is the Clean Air Sub- cific control technologies are not yet developed world today. Increased costs committee of the Environment and commercially available and does not have diminished our businesses’ com- Public Works Committee Climate Con- believe widely applicable technologies petitive position in the global market- trol and the Nuclear Regulatory Com- can be developed and broadly applied place. mission. Disregarding our committee’s over the next 5 years. I was saying earlier today, some of jurisdiction and extensive work on this The sponsors of this resolution, as I my colleagues are living in a cocoon. matter, with a total of 24 hearings held mentioned, are for something called The biggest threat to the United on emissions issues since 1998, S.J. Res. the Maximum Available Control Tech- States, and we don’t recognize it, is 20 was discharged from the EPA Com- nology. They want a 90-percent reduc- that we have the most fierce competi- mission by a petition, not by a vote of tion in 3 to 4 years. First of all, the tion this country has ever confronted its members. In fact, the committee technology is not there, but let’s say in my memory today, and we still go worked hard during the first few what would happen if it were there. about dealing with our problems the months of this year to pass the Clear EPA’s cap-and-trade program, the one way we did 25 or 15 years ago. We have Skies Act to reduce emissions of mer- that is reflected in the regulation that to understand that decisions we make cury, NOx and sulfur dioxide. Unfortu- EPA promoted on mercury, is going to not only impact on the people in our nately, several of my colleagues simply cost $2 billion, while the regulation of Nation, but they also impact on the did not want a bill and were unable to the sponsors of this regulation would competitive position of the United compromise so we would be able to cost $358 billion. That is not million; States in the global marketplace. move the bill out of committee. we are talking about $2 billion versus The Energy Information Agency, It is astounding that many of the $358 billion. which is part of the Department of En- Members who are now supporters of Utilities will be forced to increase ergy, estimates that natural gas prices this resolution on which we will vote their use of natural gas by almost 30 may go up as much as 71 percent in tomorrow—if Members want to reduce percent because natural gas is the only some parts this fall. Did you hear me? emissions sooner or even through a dif- means available at the present time to That is 71 percent. Talk to the people ferent mechanism, then let’s work to- achieve significant mercury reductions in Cleveland or in Columbus or other gether and pass a multi-emissions bill within such a short timeframe. Natural parts of the United States who have that deals with SOX, NOX, and mercury, gas prices will increase by over 20 per- had it up to here with their natural gas as proposed in the President’s Clear cent. National average electricity costs. It will place a burden on the poor Skies Initiative on which we agreed to prices will increase by 20 percent. Some and elderly and on American busi- compromise and now we are dealing regions of the United States, especially nesses both large and small. EIA finds with one part of it. those that rely on coal, are projected that the use of natural gas for elec- Instead, proponents of this resolution to experience electricity price in- tricity generation may increase up to are taking a step backward. At the least, passage of this resolution means creases as much as 45 percent. 10 percent by 2025, with nationwide that the Clean Air Mercury Rule would I have to say that I come from the electricity prices expected to rise by as be repealed and there would be years of State of Ohio. I live in Cleveland, OH. much as 22 percent. We have seen our natural gas prices in- The repercussions of high natural gas delay before a new regulation would be crease almost 100 percent since 2001. In prices do not end with higher energy developed, proposed, finalized, and then implemented after resolving the inevi- fact, I believe that is when the reces- prices for individuals and businesses. table litigation. sion started in my State. This is im- What we forget about is natural gas— I want to point out the beginning of pacting dramatically on those people this is something I think the American this rule—in other words coming up who are the least able to pay. It is im- people have to understand—is a vital with a mercury rule—started in the pacting dramatically on the businesses feedstock for many industries in the Clinton administration 15 years ago. in my State and, frankly, throughout United States. Since 1999, 21 nitrogen Some arguments have also been ad- the United States of America. I suspect fertilizer production facilities have vanced that the resolution would elimi- it is also impacting on those people in closed, 16 of them permanently. As a nate any legal requirement that EPA the Northeastern part of the United result, farmers are paying up to 70 per- even promulgate a regulation to con- States, the home of many of those who cent more for nitrogen fertilizer mate- trol mercury emissions from power- are sponsoring this resolution to over- rials than they did before, and that is plants. This resolution is not the right turn the EPA rule on mercury. reflected of course in the price we pay way to get actual reductions. EPW Let’s talk about natural gas prices. for corn and for other crops that use Committee Chairman Jim Inhofe and I According to the independent Energy fertilizer. showed earlier this year that we are Information Administration, a max- The chemical industry had an eight- willing, as I mentioned, to sit down at imum standard would have a dev- decade run as a major exporter; that is, the table and work through a multi- astating impact on our Nation because we exported chemical products all over emissions bill. We made changes in the coal plants, unable to attain it, would the world. That ended in 2003. With a committee to address every concern be forced to fuel switch away from $19 billion trade surplus in 1997—that is raised and we are willing to do more, coal, which is our most abundant and $19 billion we are selling—it went to a but frankly no member of the opposing least costly energy source, to natural $9.6 billion deficit. That means today side told us what is wrong with our gas. we are importing chemical products proposal and what would be needed for One of the things my colleagues need into the United States. More than them to support our bill. We got no- to understand is that we are the Saudi 90,000 U.S. chemical industry jobs have where. Arabia of coal. We have 250 years’ been lost since 2000. Of the 125 large- Our managers’ amendment to Clear worth of coal here in the United scale chemical production plants under Skies is stronger on mercury than the States. There are some people, frankly, construction worldwide, 50 are in Rule. We move up the second phase who would like to see coal put out of China, while only 1 is in the United from 2018 to 2016, and create a hotspot business. In fact, the lawyer for the Si- States. program to address concerns that peo- erra Club indicated about a year ago This is another example, because of ple have with our cap-and-trade pro- that it is their goal to make sure that our policy, of jobs shifting out of this gram. we no longer have any coal-fired facili- country to other countries. The last thing I would like to get at ties, energy plants in the United Perhaps the most frustrating aspect is there are being represented all kinds States. of this resolution for me is that it com- of statistics on how mercury is impact- Increased reliance on natural gas for pletely circumvents the Environment ing the population of the United electricity generation will add to the and Public Works Committee and the States, particularly women of child- cost, as we have already seen. We have subcommittee I chair. That sub- bearing age.

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20026 CONGRESSIONAL RECORD—SENATE September 12, 2005 I want to point out the major spon- And I consume large quantities of of Kentucky. It hasn’t been easy. With- sors of this resolution live up in this fish because Lake Erie is one of the out the efforts and diligence of Craig area of the United States. The disposi- best fisheries in the United States of and his organization, it would have tion of mercury in micrograms per America. We eat a lot of perch in the been close to impossible to hold DOD square meter is less than 1 in this area, Voinovich household— to the commitments it has made to the where they are complaining about all are not expected to be exposed above the local community. This is because, with the mercury and how it is impacting on methylmercury reference dose. respect to chemical demilitarization, their lakes and streams and on their Additionally, while several of my col- DOD has long operated in a less than population. The people who have the leagues and groups claim that there is transparent manner. Craig has been an- problem are in Pennsylvania and an urgent need to dramatically reduce other set of eyes and ears for the Ken- Ohio—this blue area on the map. They mercury emissions because many are tucky delegation, keeping us abreast of are the ones who have the mercury at serious risk, this is simply not the what is going on—or not going on—at problem. As I mentioned before, a lot case. Two months ago, the Centers for the depot. In this regard, Craig has of it has to do with mercury that is Disease Control and Prevention re- been at the vanguard of a unique pub- coming from other places in the world. leased their ‘‘Third National Report on lic/private partnership between the The Clear Skies legislation that we put Human Exposure to Environmental citizens of Madison County and its together was going to deal with this Chemicals,’’ stating that all women of elected representatives, including my problem. But, oh, no, it is our way or childbearing age—16 to 49 years of colleague and friend from Kentucky, no way; we have to have something age—had blood mercury levels below Senator BUNNING. that is perfect. that associated with the neuro-develop- But for the efforts of Craig and the The thing we do here so often in the mental effects in the fetus. CWWG, our Nation’s obligations under Senate is we allow the perfect to get in We have been hearing lots of infor- the Chemical Weapons Convention the way of the good. We better realize mation and statistics about this issue. would be in more jeopardy than they we are going to need more compro- The fact of the matter is that the EPA already are. More importantly, but for mising if we are going to do the things rule on mercury is reasonable. It will Craig and the CWWG, hundreds of we want to do, to reduce emissions in cost $2 billion, versus $385 billion. thousands of Americans would con- the air and at the same time stay com- It has been shown, if we went with tinue living indefinitely with the spec- petitive in the global marketplace. what the sponsors of this resolution ter of an aging and increasingly unsta- I am going to finish with a little in- ble chemical weapons stockpile loom- formation on the risks of mercury. We want to do—that is, overturn the mer- ing in their midst. have heard all of the gloom and doom cury rule of EPA—if they got everything they wanted, we would have a 2- All of us in the Commonwealth of and how terrible it is and we can’t eat Kentucky owe Craig and the CWWG a the fish and we can’t do this and we percent reduction below what we are substantial debt of gratitude for their can’t do that. going to get with this 70 percent rule tireless work to protect the health and EPA’s reference dose for methyl- that has been promulgated by the EPA. mercury is the basis for regulating I hope my colleagues spend a little safety of the public, the depot workers, mercury because methylmercury poses time looking at this situation and its and the local environment. I ask my fellow Senators to join me the greatest risks of exposure to peo- impact and tomorrow vote no on the ple, including women of childbearing proposed resolution to overturn the in paying tribute to the CWWG and to age. Understand that. EPA’s reference EPA’s mercury rule. my friend, Craig Williams. dose for methylmercury is very con- I yield the floor, and I suggest the ab- f servative. It is more than twice as sence of quorum. REMEMBERING SEPTEMBER 11, 2001 The PRESIDING OFFICER. The stringent as that of the World Health Mr. SANTORUM. Mr. President, yes- Organization; twice as stringent as clerk will call the roll. terday marked the 4-year anniversary Health Canada; three times more strin- The assistant legislative clerk proof the tragedies that took place on Sep- gent than the Agency for Toxic Sub- ceeded to call the roll. tember 11, 2001. Out of the destruction stances and Disease Registry. Mr. FRIST. Mr. President, I ask In other words, the rule that we have unanimous consent that the order for of that terrible day emerged a renewal is more stringent. First of all, it is the the quorum call be dispensed with. of the American spirit and a rejuve- first real rule we have in terms of the The PRESIDING OFFICER. Without nated commitment to fight the scourge world dealing with mercury. But com- objection, it is so ordered. of terrorism both at home and abroad. pared to the one some of these other f Yesterday, I was honored to attend a memorial service along with Governor organizations have stated, it is so TRIBUTE TO CRAIG WILLIAMS AND much better than what they have put Ed Rendell of Pennsylvania, former THE CHEMICAL WEAPONS WORK- Pennsylvania Governor and Homeland out as being the goal. The National ING GROUP Academy of Sciences concluded that Security Secretary Tom Ridge, Attor- EPA’s reference dose is a ‘‘scientif- Mr. MCCONNELL. Mr. President, I ney General Alberto Gonzales, and ically justifiable level for the protec- rise today to pay tribute to a great other public officials to pay tribute to tion of public health.’’ EPA’s analysis Kentuckian and the fine organization the brave passengers and crew aboard concluded that, as a result—we are he represents—Mr. Craig Williams and flight 93. We now know with near cer- talking about the Environmental Pro- the Chemical Weapons Working Group, tainty that the terrorists aboard that tection Agency. We keep hearing that CWWG, based in Madison County, KY. flight had plans of causing severe de- the inspector general of the EPA does For almost 20 years, Craig and the struction to either the White House or not like this. The agency the inspector CWWG have been invaluable in their the Capitol Building. Thanks to the he- general works for disagrees with the efforts to ensure that the millions of roic actions of the men and women inspector general. pounds of chemical weapons stored at aboard that flight, thousands of lives As I said, the National Academy of Kentucky’s Blue Grass Army Depot are were spared, and one of the greatest Science scientists concluded that destroyed as safely and expeditiously symbols of America’s freedom and de- EPA’s reference dose is ‘‘a scientif- as possible. In large part due to their mocracy still stands. ically justifiable level for the protec- efforts, we are closer than we have ever The individuals who tried to break tion of public health.’’ EPA’s analysis been to taking tangible steps towards our fortitude will never succeed. They concluded that as a result of the cap- chemical weapons disposal. failed because as Americans we are all and-trade program: One of our biggest challenges has living, breathing examples of freedom . . . the overwhelming majority of the gen- been to keep those in charge of weap- and democracy, of strength and char- eral public and those who consume large ons disposal at the Department of De- acter. No act of terrorism can ever quantities of fish— fense, DOD, accountable to the citizens take that away from us.

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 12, 2005 CONGRESSIONAL RECORD—SENATE 20027 I continue to believe that the individ- It is by nurturing and reinforcing that REMEMBERING OFFICERS MI- uals, States, and countries that have national strength and compassion that CHAEL KING AND RICHARD supported terrorism should be brought we pay tribute to those we lost on Sep- SMITH to justice. On October 7, 2001, President tember 11, 2001. Mr. BINGAMAN. Mr. President, on Bush announced Operation Enduring Mr. PRYOR. Mr. President, on this Friday, September 9th the Nation hon- Freedom to dismantle the Taliban re- fourth anniversary of the tragedy of ored two of our fallen heroes with the gime in Afghanistan, which was har- September 11, 2001, we pause to remem- unveiling of their names at the Na- boring al-Qaida. Thanks to the brave ber the victims and families impacted tional Law Enforcement Officers Me- men and women in our armed forces by the horrific terrorist attacks on our morial here in Washington, DC. Offi- and the support of other nations, we Nation. We also honor the bravery and cers Michael King and Richard Smith have captured countless members of al- sacrifice of our first responders and the of the Albuquerque Police Department Qaida. generosity of millions of Americans were killed in the line of duty on Au- As Americans, we have been blessed who united to support one another. gust 19, 2005, a day that has become with a country that endorses freedom The wounds from that dreadful day known as ‘‘The Saddest Day’’ to the and equality. Sadly, the Afghani people will never completely heal. Families residents of Albuquerque. The officers were not as fortunate, living under the and friends of those killed in New York were in the process of taking into cus- oppressive regime of the Taliban. We City, the Pentagon, and on flight 93 tody a mentally unstable man who had and other democratic nations have fi- over Pennsylvania still grieve for the allegedly murdered 3 other people. nally given them the chance to live in senseless loss of their loved ones. We Their actions on that fateful day saved a free society. They have made consid- will never forget their sacrifices. the lives of countless others and were erable progress in establishing a de- This year, as we simultaneously re- exemplary of the way these two fine of- mocracy, noted by their landmark cover from the aftermath of Hurricane ficers lived their lives. election on October 9, 2004, in which Katrina and honor those that lost their I speak today to honor Officer King millions of Afghanis came out to vote. lives on September 11, we must con- and Officer Smith not for the way they The terrorists are relentless; they tinue to bolster our Nation’s readiness died but for the way they lived—exam- will continue to target America unless for disasters of all sorts. Congress must ples of honesty, dedication, commit- we take a firm stand against them. fulfill its responsibility to the victims ment, and caring to the countless lives While we have made significant of terrorism by supporting the efforts that they touched through their work progress, we must remain vigilant in of our military and law enforcement as and in their private lives. The residents bringing al-Qaida to justice. Winning they continue to pursue those who seek of Albuquerque and New Mexico have the war on terror is essential for the to do our Nation harm. Likewise, Hur- taken these officers and their families safety of America and other nations ricane Katrina has reestablished what to their heart. Now the Nation has the around the world. America has a September 11 proved 4 years ago, that opportunity to honor these fine men. unique opportunity to lead this fight we still have work to do in preparing Officer Michael King joined the Albu- and act as a symbol of freedom for all our Nation to respond to a large scale querque Police Department in 1980 and people. I feel honored to represent the disaster. The best way to honor the spend 11 years in the traffic unit until people of Pennsylvania in the United victims of 9/11 and our most recent dis- he retired. But King missed the cama- States Senate, and I hope that we will aster is to act to correct the mistakes raderie of the force and his fellow offi- all continue to work toward creating a of the past. We must continue to learn cers and he returned to work in the safer world for our future generations. and evolve so that our Government can traffic unit. Often referred to as a Mr. FEINGOLD. Mr. President, this be as responsive as possible to the secu- ‘‘gentle giant,’’ Michael would often past Sunday, Americans from all parts rity needs of its citizens now, to honor stop to help stranded motorists fix of the country and all walks of life the memory of those we have lost and their cars. Mr. King worked with and joined together in solemnly marking as a promise to generations to come. trained many of New Mexico’s top law the painful anniversary of the terrible f enforcement officers and left a lasting attacks of September 11, 2001. impression with them all. Officer King Of course, Americans remember 9/11 LOCAL LAW ENFORCEMENT ENHANCEMENT ACT OF 2005 leaves behind a wife and two sons. every day. It has become a part of how Like his good friend Officer King, Of- we understand the world around us; it Mr. SMITH. Mr. President, I rise ficer Richard Smith didn’t need to be has been seared into our national con- today to speak about the need for hate working that August day. He had re- sciousness. But we do not remember crimes legislation. Each Congress, Sen- tired from APD but he couldn’t stay only the terrorist attacks themselves. ator KENNEDY and I introduce hate away and returned to service to protect We remember the lives, contributions, crimes legislation that would add new the people of Albuquerque. Officer and aspirations of nearly three thou- categories to current hate crimes law, Smith is remembered as a man who sand innocent men, women and chil- sending a signal that violence of any was committed to his family, faith, and dren who were killed that day. We re- kind is unacceptable in our society. public service. He was always ready member the courage and heroism of Likewise, each Congress I have come to with a broad smile and a wave. He our first responders. And we remember the floor to highlight a separate hate spent most of his career as a traffic cop the outpouring of support and assist- crime that has occurred in our coun- and was buried 25 years to the day he ance and solidarity that came from try. graduated from the police academy. Of- every community in this great country On July 4, 2005, Carl Zablonthy was ficer Smith leaves behind a wife and a and from so many around the world in punched in the face and knocked un- 13-year-old daughter. the days following the attacks. conscious by two men in South Beach, These two officers are examples of All of these memories unite us as FL. The apparent motivation for the the best our Nation has to offer. It is Americans. Every day, those memories attack was Zablonthy’s sexual orienta- right that we honor these men and all strengthen our unshakable resolve to tion. the officers who have given their lives defeat the terrorist networks that wish I believe that the Government’s first to protect their fellow citizens. to do us harm, and to preserve the free- duty is to defend its citizens, to defend f doms that generations of Americans them against the harms that are born have fought to protect. out of hate. The Local Law Enforce- FETAL ALCOHOL SPECTRUM As our country confronts the devas- ment Enhancement Act is a symbol AWARENESS DAY tation left in the wake of hurricane that can become substance. I believe Ms. MURKOWSKI. Mr. President, by Katrina, we can see some of that same that by passing this legislation and raising awareness one moment at a national strength, that same American changing current law, we can change time, we can minimize the harm that solidarity and resolve, emerging again. hearts and minds as well. drinking during pregnancy causes our

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20028 CONGRESSIONAL RECORD—SENATE September 12, 2005 most vulnerable population—our chil- in the Nation. Approximately 163 Alas- Karsten Gimre was just 11 years old dren. kan babies are born each year affected when he became a Davidson Fellow In February of 1999, a small group of by maternal alcohol use during preg- based on his project entitled ‘‘Con- parents, raising children afflicted with nancy. Among our native communities, versation Without Words.’’ This young fetal alcohol spectrum disorders, set the rate of FASD is 15 times higher pianist from Banks, Oregon has per- out to change the world. That small than non-Native areas in the state. formed with several professional or- group started an ‘‘online support And again, FASD is 100 percent pre- chestras and has been winning awards group’’ which quickly became a world- ventable. We can save so many children for his exceptional abilities since the wide grassroots movement to observe and families so much heartache simply age of 6 when he earned first place at September 9 as International Fetal Al- by increasing people’s awareness of the International Young Artists Con- cohol Spectrum Disorders Awareness what FASD is and how we can prevent cert here in Washington, D.C. At the Day. Former Senate Minority Leader it. In fact, prevention of FASD is seven age of 12 he is now studying math and Tom Daschle was instrumental in hav- times more cost effective than treating physics at the Pacific University while ing the Senate take notice of this im- the disorder. continuing his musical instruction. portant issue. That is why Senator TIM JOHNSON As a young writer from Canton, MI, This year for the seventh consecutive and I—and several others from both Heidi Kaloustian’s unique talent and year, communities across the Nation sides of the aisle—will soon be intro- creative genius allowed her to explore are pausing at the hour of 9:09 a.m. to ducing legislation to direct more re- complex relationships and personal acknowledge this day. sources toward this terrible problem. identity in her portfolio entitled ‘‘The Events are occurring in cities and The ‘‘Advancing FASD Research, Pre- Roots of All Things’’ while still allow- towns not just across the country, but vention, and Services Act’’ will—de- ing the reader to emotionally connect around the world—from Chilliwack, velop and implement targeted state with the work and characters. Heidi British Columbia to Cape Town, South and community-based outreach pro- plans to continue creative writing at Africa to Madagascar—families are grams; improve coordination among the University of Michigan-Ann Arbor joining together today to raise aware- Federal agencies involved in FASD and I have no doubt that she will be ness of fetal alcohol syndrome dis- treatment and research by establishing very successful as a professor and as a orders or FASD. stronger communication with these writer. My State of Alaska will observe this programs, and improve support serv- Tiffany Ko, a 16 year old from Terre day with solemn events in Anchorage, ices for families and strengthen edu- Haute, IN, put herself on the cutting Juneau, Kenai, and Fairbanks. cational outreach efforts to doctors, FASD is an umbrella term that de- edge of technology and science when teachers, judges and others whose work she used electric field sensing to design scribes a range of physical and mental puts them in contact with people with birth defects that can occur in a fetus a new type of computerized security FASD. system. Her project is a significant ad- when a pregnant woman drinks alco- Forty-thousand American children a vancement from current security sys- hol. It is a leading cause of nonheredi- year are born with FASD. Our invest- tems and could be used to make people tary mental retardation in the U.S. ment today in prevention, treatment and businesses safer than ever before. Many children affected by maternal and research will save countless in fu- At the age of 17 years old, Milana drinking during pregnancy have irre- ture health costs of this devastating Zaurova from Fresh Meadows, NY has versible conditions—including severe but completely preventable disorder. I begun developing a new way to treat brain damage—that cause permanent, ask my colleagues to support the Ad- the most deadly form of brain cancer, lifelong disability. vancing FASD, Research, Prevention malignant glioma. She combined chem- FASD is 100 percent preventable. Pre- and Services Act. vention merely requires a woman to On Fetal Alcohol Awareness Day, we otherapy and gene-therapy to develop a abstain from alcohol during pregnancy. remember all innocent babies inflicted creative new method that has the po- Yet every year in America, an esti- with this disorder and imagine the potential to save many lives. mated one in every 100 babies born are tential that they could have been but As a 12-year old from Chapel Hill, NC, born with FASD—that’s 40,000 infants. for the damage done by alcohol. Maia Cabeza has already developed an FASD affects more children than Down I hope that we will continue to pause extensive resume as a violinist. She syndrome, cerebral palsy, spina bifida in the ninth hour of the ninth day each has earned praise in the United States and muscular dystrophy combined. September until fetal alcohol spectrum and abroad for her technical pro- The cost of FASD is high—more than disorders are eradicated. ficiency and musicality. Maia has the noble goal of using her music to breach $3 billion each year in direct health f care costs, and many times that cultural and language barriers, and I amount in lost human potential. Life- 2005 DAVIDSON FELLOWS wish her the best of luck and success. time health costs for an individual liv- Mr. GRASSLEY. Mr. President, I When Brett Harrison was just 16 ing with FASD averages $860,000. would like to take a few moments to years old he was able to develop a The indirect financial and social recognize some of the most brilliant mathematical proof that actually im- costs to the Nation are even greater— and hardest working young adults in proved upon a conjecture developed by including the cost of incarceration, our Nation and in the world today. a Princeton University professor. This specialized health care, education, fos- These seventeen outstanding scholars Dix Hills, NY native’s work is applica- ter care, job training and general sup- have recently been named 2005 David- ble to numerous fields such as commu- port services. son Fellows and are being rewarded for nications, structural design, and com- All in all, the direct and indirect eco- their cutting-edge and distinguished puter networking systems. nomic costs of FASD in the U.S. are es- work. The Davidson Institute Fellow- Tudor Dominik Maican is a gifted timated to be $5.4 billion. ships promote and reward under-18 and talented 16-year-old composer from You can find FASD in every commu- year olds who have undertaken invalu- Bethesda, MD. He has already been nity in America—native, non-native, able projects and studies for the great- commissioned by the Dumbarton Musi- rich, poor—it doesn’t discriminate. er good of our country and the world. cal Society for a piano solo and has That is why, last February, the U.S. The Davidson Institute awards scholar- been the recipient of numerous awards Surgeon General Richard Carmona ships to each of the Fellows to assist for his imaginative and wide-ranging again issued another advisory to preg- them in furthering their education. I compositions. nant women, or women who plan to be- don’t believe the Davidson Institute Justin Solomon, from Oakton, VA, come pregnant, to completely abstain could have found a more distinguished designed an algorithm to recognize an from all alcohol use. or more deserving group of young object based on its three dimensional In Alaska, I am troubled to report scholars. I would like to detail their features. Most recognition programs that we have the highest rate of FASD accomplishments for a moment. only use two dimensions, so Justin’s

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This soring a weigh-in as part of their John Zhou of Northville, MI took an is a promising line of research that Youth Health Fest. interest in biomedicine because of its demonstrates the combination of Fan Occupational therapy practitioners scientific and humanitarian aspects, Yang’s love of science and desire to work with individuals across the life- and has now studied the DNA replica- help people. span. In schools occupational thera- tion process with the goal of under- At the age of 6 years old, Marc Yu, pists work to modify educational envi- standing and ultimately halting who is from Monterey Park, CA, has al- ronments to ensure that all students mutations and cancer development. ready won numerous awards and com- can achieve academic success. Occupa- John is also accomplished in many petitions for both his piano and cello tional therapists provide assistance to other fields including mathematics, performances including both first place teachers and school administrators in physics, and Spanish. for the cello and second place for the order to make school environments Kadir Annamalai’s project focused piano at the Southwest Youth Music more accessible and conducive to around building nanowires, or wires Festival. learning. They also consult with edu- only about two molecules thick that Mr. President, despite their rel- cators to improve students’ academic could be used in devices like power atively young age, these seventeen out- functioning and work to help prevent generators and circuit boards. In addi- standing young men and women have learning, mental, and physical disabil- tion to this extremely technical work, all achieved remarkable things and ities from getting in the way of aca- Kadir, who is from Saratoga, CA, is fully deserve the awards that they have demic success. Occupational therapy also an Eagle Scout and is the recipi- earned. Their past is overshadowed, practitioners in schools work directly ent of numerous Future Business Lead- however, by their even brighter futures with students, parents, and teachers to ers of America awards. and careers made easier by becoming develop plans to improve students’ Motivated by a strong desire to help 2005 Davidson Fellows. I would like to function and productivity and to foster those affected with Alzheimer’s dis- thank these young scientists, mathe- success and maximize their independ- ease, Stephanie Hon, from Fort Myers, maticians, writers, and musicians for ence within the academic environment. FL, investigated a creative method their accomplishments, past, present, National School Backpack Awareness that her study suggests could possibly and future, that will no doubt improve reverse some of the effects of Alz- Day is a good example of how occupa- the lives of a great many people in this heimer’s. Stephanie is considering con- tional therapists work within our country and abroad. tinuing her Alzheimer’s research at schools and communities to promote Harvard University this fall and we all f wellness, and I am pleased to have this wish her continued success. NATIONAL SCHOOL BACKPACK opportunity to acknowledge their valu- Benedict Shan Yuan Huang’s project, AWARENESS DAY able contributions. I urge all of my colleagues to join me in supporting Sep- Changed Particle Production in High Ms. COLLINS. Mr. President, on Sep- Energy Nuclear Collisions, is as tech- tember 21, 2005, as National School tember 21, 2005, the American Occupa- Backpack Awareness Day. nical and advanced as it sounds. He has tional Therapy Association and more created a new technique that promises f than 700 occupational therapy practi- to achieve quicker and more accurate tioners nationwide and around the ADDITIONAL STATEMENT results when studying the structure of world will be celebrating National matter. Benedict, who is from Coram, School Backpack Awareness Day. They NY, will attend Harvard University in will be working with over 150,000 chil- TRIBUTE TO HOMER A. MAXEY, the fall and will most likely study dren to teach them how to prevent JR. science as well as the piano. ∑ At the age of 16 Lucas Moller from backpack-related injuries and to re- Mr. INOUYE. Mr. President, on the Moscow, ID has already worked with main healthy and successful in school. occasion of the 33rd annual convention NASA, the European Space Agency, In my home State of Maine, occupa- of the National Association of Foreign- and the Jet Propulsion Laboratory. His tional therapists have arranged events Trade Zones, NAFTZ, which is meeting study on Martian dust and its effect on in 15 schools and will be reaching over this week in my home State of Hawaii, Martian lander missions has been in- 5,000 students. I rise today to pay tribute to the co- corporated on the Mars Surveyor land- According to a number of studies founder of the NAFTZ, my good friend, er and the Mars Express/Beagle 2 mis- done both internationally and in the Homer A. Maxey, Jr., who I have sion. United States, children using over- known for more than a quarter cen- Nimish Ramanlal from Winter loaded and improperly worn backpacks tury. Springs, FL was able to advance the experience neck, should, and back pain The NAFTZ was conceived in Novem- field of quantum computing by cre- and have problems with breathing and ber of 1972, at an informal meeting of ating a new framework for quantum fatigue at significantly higher rates foreign-trade zone representatives from computing that overcomes the limita- than students wearing backpacks prop- various States. At that meeting, tions on the effectiveness of quantum erly and with appropriate loads. No Homer A. Maxey, Jr., was selected computers. His work could help a new child should regularly carry more than chairman of a committee to develop form of computing to emerge with pro- 15 percent of their body weight on their the organizational framework for a for- found implications in nanotechnology, back. At Backpack Awareness Day mal association representing FTZ medical research, and advanced phys- events, which will be held in schools, grantees and operators in the U.S. Dur- ics. stores, hospitals, shopping malls, and a ing a conference of FTZ managers in With the internet growing every day, variety of other venues, occupational Washington, DC, on May 8, 1973, the Tony Wu of Irvine, CA created a new therapy practitioners will ‘‘weigh-in’’ NAFTZ was officially launched and internet search method that could be children and their backpacks to make Homer was elected to serve as the first highly useful in the information soci- sure that the backpacks do not surpass President of this Association from 1973 ety of the 21st century. He has com- 15 percent of the child’s body weight. to 1975. Homer was elected, by unani- peted successfully in numerous science The therapists will provide guidance mous vote of the members, as the first competitions and plans to study com- about how to properly load and carry a Honorary Life Member at the NAFTZ puter science or electronics engineer- backpack will also share tips about Annual Conference in 1979. He has ing in college. how to stay healthy and succeed in served on many different Committees Fan Yang, a 17-year-old young school. In Maine, these weigh-ins are of the NAFTZ including: the Oil Refin- woman from Davis, CA, developed a being conducted in local schools from ery Sub-Zone Task Force, ORSTF, the

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20030 CONGRESSIONAL RECORD—SENATE September 12, 2005 Operations Committee, Nominations the program in Hawaii grew under his tion, Department of Transportation, trans- Committee, the Long Range Planning direction to include today five General- mitting, pursuant to law, the report of a rule Committee, and several task forces. Purpose Zone sites and five Subzones entitled ‘‘Airworthiness Directives: Boeing Today the NAFTZ represents over 800 handling $2.04 billion worth of mer- Model 747–200B, 747–300, 747–400, and 747–400D Series Airplanes’’ ((RIN2120–AA64)(2005–0387)) members comprised of State and local chandise from 341 firms, with exports received on August 17, 2005; to the Com- government agencies, public entities, of $290,980,773 and employing a total of mittee on Commerce, Science, and Transpor- individuals and corporations involved 2,683 people in zone-related activities. tation. in the Foreign-Trade Zone program. From its modest beginnings with 40,000 EC–3647. A communication from the Pro- The NAFTZ plays an important role in square feet originally approved, the gram Analyst, Federal Aviation Administra- facilitating international trade and General Purpose Zone project grew to tion, Department of Transportation, trans- U.S. competitiveness through the pro- involve 15 percent of the designated in- mitting, pursuant to law, the report of a rule motion and support of the Foreign- dustrial lands on the Island of Oahu. entitled ‘‘Airworthiness Directives: Bom- bardier Model DHC–7–100, DHC–7–101, DHC–7– Trade Zones Program. After attending the University of Ha- 102, and DHC–7–103 Airplanes’’ ((RIN2120– The Foreign-Trade Zones Program waii in Honolulu, Mr. Maxey was em- AA64)(2005–0385)) received on August 17, 2005; was created by an act of Congress in ployed by Hawaiian Airlines. He served to the Committee on Commerce, Science, 1934. Its purpose is to encourage domes- in the U.S. Air Force during the early and Transportation. tic warehousing, manufacturing and 1950s. He was employed by Matson EC–3648. A communication from the Pro- processing activity. States and local Lines, 1955–1965, in passenger sales, gram Analyst, Federal Aviation Administra- governments use foreign-trade zones as freight traffic and marine operations. tion, Department of Transportation, trans- part of their overall economic develop- He has also been active in the Hawaii/ mitting, pursuant to law, the report of a rule ment strategy and to improve the entitled ‘‘Airworthiness Directives: Boeing Pacific Export Council, the Propeller Model 757–200, –200PF, and –200CB Series Air- international business sector in their Club of the Port of Honolulu, and the planes Equipped with Pratt and Whitney or communities. FTZs contribute to the Chamber of Commerce of Hawaii. Mr. Rolls-Royce Engines’’ ((RIN2120–AA64)(2005– enhancement of the U.S. investment Maxey has also been a consultant to 0384)) received on August 17, 2005; to the climate for commerce and industry. the State of Hawaii, the County of Ha- Committee on Commerce, Science, and The FTZ program encourages capital waii, and Foreign-Trade Zone No. 9. Transportation. investment in the U.S. rather than It is my honor to recognize the life- EC–3649. A communication from the Pro- abroad and secures American jobs. The long contributions of Homer Maxey to gram Analyst, Federal Aviation Administra- benefit occurs only if the activity the U.S. Foreign-Trade Zones Program tion, Department of Transportation, transmitting, pursuant to law, the report of a rule takes place in the U.S. It substitutes and the State of Hawaii. I wish Homer entitled ‘‘Airworthiness Directives: McDon- U.S.-produced merchandise and labor and his wife, Mahina, all the best in nell Douglas Model 717–200 Airplanes’’ for foreign imports. Today there are 260 the future.∑ ((RIN2120–AA64)(2005–0393)) received on Au- approved general-purpose zones and 534 f gust 17, 2005; to the Committee on Com- subzones located in all 50 States and merce, Science, and Transportation. Puerto Rico. According to the latest MEASURES READ THE FIRST TIME EC–3650. A communication from the Pro- available annual report of the Foreign- The following bills were read the first gram Analyst, Federal Aviation Administra- Trade Zones Board, the total value of time: tion, Department of Transportation, transmitting, pursuant to law, the report of a rule merchandise received at foreign-trade S. 1681. A bill to provide for reimbursement of communities for purchases of supplies dis- entitled ‘‘Airworthiness Directives: Learjet zones annually exceeds $200 billion. Model 23, 24, 25, 35, and 36 Airplanes’’ Over 2,200 firms in the U.S. utilize for- tributed to Katrina Survivors. S. 1682. A bill to provide for reimbursement ((RIN2120–AA64)(2005–0392)) received on Au- eign-trade zones and employment at for business revenue lost as a result of a fa- gust 17, 2005; to the Committee on Com- these facilities exceeds 300,000. cility being used as an emergency shelter for merce, Science, and Transportation. During his involvement with the Katrina Survivors. EC–3651. A communication from the Pro- NAFTZ, Homer Maxey has played an S. 1683. A bill to provide relief for students gram Analyst, Federal Aviation Administra- instrumental role in the growth and affected by Hurricane Katrina. tion, Department of Transportation, trans- development of the U.S. Foreign-Trade S. 1684. A bill to clarify which expenses re- mitting, pursuant to law, the report of a rule lating to emergency shelters for Katrina entitled ‘‘Airworthiness Directives: Boeing Zones Program. For instance, he was Model 727 Airplanes’’ ((RIN2120–AA64)(2005– instrumental in a number of issues, Survivors are eligible for Federal reimbursement. 0391)) received on August 17, 2005; to the challenges, and accomplishments of S. 1688. A bill to provide 100 percent Fed- Committee on Commerce, Science, and the program, including spearheading eral financial assistance under the Medicaid Transportation. customs regulations to limit customs and State children’s health insurance pro- EC–3652. A communication from the Pro- duties on merchandise manufactured in grams for States providing medical or child gram Analyst, Federal Aviation Administra- FTZs to foreign material only; stream- health assistance to survivors of Hurricane tion, Department of Transportation, trans- lining FTZ inventory recordkeeping; Katrina, to provide for an accommodation of mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Boeing creating uniform FTZ management the special needs of such survivors under the medicare program, and for other purposes. Model 747–400 and 747–400D Series Airplanes’’ practices nationally; securing weekly ((RIN2120–AA64)(2005–0390)) received on Au- f entry for manufacturing; eliminating gust 17, 2005; to the Committee on Com- activation and annual fees on foreign- EXECUTIVE AND OTHER merce, Science, and Transportation. trade zones; allowing users of foreign- COMMUNICATIONS EC–3653. A communication from the Pro- trade zones to defer entry and payment The following communications were gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- of duty on foreign production machin- laid before the Senate, together with ery used in FTZs until such time that mitting, pursuant to law, the report of a rule accompanying papers, reports, and doc- entitled ‘‘Airworthiness Directives: Boeing the equipment goes into commercial uments, and were referred as indicated: Model 747 Airplanes’’ ((RIN2120–AA64)(2005– production, and eliminating the mer- EC–3645. A communication from the Pro- 0389)) received on August 17, 2005; to the chandise processing fee on domestic gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and materials shipped from FTZs. tion, Department of Transportation, trans- Transportation. At the same time Homer Maxey di- mitting, pursuant to law, the report of a rule EC–3654. A communication from the Pro- rected General Purpose Foreign-Trade entitled ‘‘Airworthiness Directives: gram Analyst, Federal Aviation Administra- Zone No. 9 in Hawaii, which was estab- Raytheon Model HS.125 Series 700A Air- tion, Department of Transportation, trans- lished in February 1965. Homer was the planes, Model BAe.125 Series 800A Airplanes, mitting, pursuant to law, the report of a rule Administrator for the State of Hawaii’s and Model Hawker 800 and Hawker 800XP entitled ‘‘Airworthiness Directives: The New Airplanes’’ ((RIN2120–AA64)(2005–0386)) re- Piper Aircraft, Inc. Models PA–34–200T, PA– Foreign-Trade Zone project from 1965 ceived on August 17, 2005; to the Committee 34–220T, PA–44–180, and PA–44–180T Air- through 1993. During his management on Commerce, Science, and Transportation. planes’’ ((RIN2120–AA64)(2005–0376)) received of the zone, the first FTZ oil refinery EC–3646. A communication from the Pro- on August 17, 2005; to the Committee on was established on Oahu. Thereafter, gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation.

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 12, 2005 CONGRESSIONAL RECORD—SENATE 20031 EC–3655. A communication from the Pro- transmitting authorization of Major General general in accordance with title 10, United gram Analyst, Federal Aviation Administra- Emerson N. Gardner, Jr., United States Ma- States Code, section 777; to the Committee tion, Department of Transportation, trans- rine Corps, to wear the insignia of the grade on Armed Services. mitting, pursuant to law, the report of a rule of lieutenant general in accordance with EC–3673. A communication from the Prin- entitled ‘‘Airworthiness Directives: Airbus title 10, United States Code, section 777; to cipal Deputy, Office of the Under Secretary Model A300 B2 and B4 Series Airplanes; the Committee on Armed Services. of Defense for Personnel and Readiness, Model A300 B4–600, B4–600R, and F4–600R Se- EC–3664. A communication from the Prin- transmitting authorization of Lieutenant ries Airplanes; and Model A300 C4–605R Vari- cipal Deputy, Office of the Under Secretary General Robert Magnus, United States Ma- ant F Airplanes; and Model A310–200 and –300 of Defense for Personnel and Readiness, rine Corps, to wear the insignia of the grade Series Airplanes’’ ((RIN2120–AA64)(2005–0381)) transmitting authorization of Major General of general in accordance with title 10, United received on August 17, 2005; to the Com- Joseph F. Weber, United States Marine States Code, section 777; to the Committee mittee on Commerce, Science, and Transpor- Corps, to wear the insignia of the grade of on Armed Services. tation. lieutenant general in accordance with title EC–3674. A communication from the Prin- EC–3656. A communication from the Pro- 10, United States Code, section 777; to the cipal Deputy, Office of the Under Secretary gram Analyst, Federal Aviation Administra- Committee on Armed Services. of Defense for Personnel and Readiness, tion, Department of Transportation, trans- EC–3665. A communication from the Prin- transmitting authorization of Lieutenant mitting, pursuant to law, the report of a rule cipal Deputy, Office of the Under Secretary General William E. Ward, United States entitled ‘‘Airworthiness Directives: Bell Hel- of Defense for Personnel and Readiness, Army, to wear the insignia of the grade of icopter Textron Model 206A and 206B Heli- transmitting authorization of Major General general in accordance with title 10, United copters’’ ((RIN2120–AA64)(2005–0388)) received John G. Castellaw, United States Marine States Code, section 777; to the Committee on August 17, 2005; to the Committee on Corps, to wear the insignia of the grade of on Armed Services. Commerce, Science, and Transportation. lieutenant general in accordance with title EC–3675. A communication from the Prin- EC–3657. A communication from the Pro- 10, United States Code, section 777; to the cipal Deputy, Office of the Under Secretary gram Analyst, Federal Aviation Administra- Committee on Armed Services. of Defense for Personnel and Readiness, tion, Department of Transportation, trans- EC–3666. A communication from the Prin- transmitting authorization of Rear Admiral mitting, pursuant to law, the report of a rule cipal Deputy, Office of the Under Secretary Ann E. Rondeau, United States Navy, to entitled ‘‘Airworthiness Directives: McDon- of Defense for Personnel and Readiness, wear the insignia of the grade of vice admi- nell Douglas Model DC–10–10, DC–10–10F, DC– transmitting authorization of Major General ral in accordance with title 10, United States 10–15, DC–10–30, DC–10–30F (KC–10A and KDC– William E. Mortensen, United States Army, Code, section 777; to the Committee on 10), DC–10–40, DC–10–40F, MD–10–10F, MD–10– to wear the insignia of the grade of lieuten- Armed Services. 30F, MD–11, and MD–11F Airplanes’’ ant general in accordance with title 10, EC–3676. A communication from the Prin- ((RIN2120–AA64)(2005–0379)) received on Au- United States Code, section 777; to the Com- cipal Deputy, Office of the Under Secretary gust 17, 2005; to the Committee on Com- mittee on Armed Services. of Defense for Personnel and Readiness, merce, Science, and Transportation. EC–3667. A communication from the Prin- transmitting a report on the approved retire- EC–3658. A communication from the Pro- cipal Deputy, Office of the Under Secretary ment of General William L. Nyland, United gram Analyst, Federal Aviation Administra- of Defense for Personnel and Readiness, States Marine Corps, and his advancement to tion, Department of Transportation, trans- transmitting authorization of Major General the grade of general on the retired list; to mitting, pursuant to law, the report of a rule John L. Hudson, United States Air Force, to the Committee on Armed Services. entitled ‘‘Airworthiness Directives: BAE wear the insignia of the grade of lieutenant Systems Limited Model 4101 Airplanes’’ general in accordance with title 10, United EC–3677. A communication from the Prin- ((RIN2120–AA64)(2005–0377)) received on Au- States Code, section 777; to the Committee cipal Deputy, Office of the Under Secretary gust 17, 2005; to the Committee on Com- on Armed Services. of Defense for Personnel and Readiness, merce, Science, and Transportation. EC–3668. A communication from the Prin- transmitting a report on the approved retire- EC–3659. A communication from the Pro- cipal Deputy, Office of the Under Secretary ment of Lieutenant General Richard A. gram Analyst, Federal Aviation Administra- of Defense for Personnel and Readiness, Hack, United States Army, and his advance- tion, Department of Transportation, trans- transmitting authorization of Major General ment to the grade of lieutenant general on mitting, pursuant to law, the report of a rule Donald J. Hoffman, United States Air Force, the retired list; to the Committee on Armed entitled ‘‘Airworthiness Directives: Airbus to wear the insignia of the grade of lieuten- Services. Model A320–111 Airplanes and Model A320–200 ant general in accordance with title 10, EC–3678. A communication from the Prin- Series Airplanes’’ ((RIN2120–AA64)(2005–0378)) United States Code, section 777; to the Com- cipal Deputy, Office of the Under Secretary received on August 17, 2005; to the Com- mittee on Armed Services. of Defense for Personnel and Readiness, mittee on Commerce, Science, and Transpor- EC–3669. A communication from the Prin- transmitting a report on the approved retire- tation. cipal Deputy, Office of the Under Secretary ment of Lieutenant General Richard L. EC¥3660. A communication from the Pro- of Defense for Personnel and Readiness, Kelly, United States Marine Corps, and his gram Analyst, Federal Aviation Administra- transmitting authorization of Major General advancement to the grade of lieutenant gen- tion, Department of Transportation, trans- Kevin P. Chilton, United States Air Force, to eral on the retired list; to the Committee on mitting, pursuant to law, the report of a rule wear the insignia of the grade of lieutenant Armed Services. entitled ‘‘Airworthiness Directives: Boeing general in accordance with title 10, United EC–3679. A communication from the Acting Model 747–100B SUD, –200B, –300 –400, and States Code, section 777; to the Committee Secretary of the Air Force, transmitting, –400D Series Airplanes’’ ((RIN2120– on Armed Services. pursuant to law, the report of an Average AA64)(2005–0380)) received on August 17, 2005; EC–3670. A communication from the Prin- Procurement Unit Cost (APUC) and a Pro- to the Committee on Commerce, Science, cipal Deputy, Office of the Under Secretary gram Acquisition Unit Cost (PAUC) breach and Transportation. of Defense for Personnel and Readiness, relative to the Space Based Infrared System EC–3661. A communication from the Prin- transmitting authorization of Major General (SBIRS) to the Committee on Armed Serv- cipal Deputy, Office of the Under Secretary David A. Deptula, United States Air Force, ices. of Defense for Personnel and Readiness, to wear the insignia of the grade of lieuten- EC–3680. A communication from the Under transmitting authorization of Major General ant general in accordance with title 10, Secretary for Benefits, Veterans Affairs and Richard S. Kramlich, United States Marine United States Code, section 777; to the Com- the Assistant Secretary of Defense (Health Corps, to wear the insignia of the grade of mittee on Armed Services. Affairs), transmitting, pursuant to law, a re- lieutenant general in accordance with title EC–3671. A communication from the Prin- port entitled ‘‘Department of Veterans Af- 10, United States Code, section 777; to the cipal Deputy, Office of the Under Secretary fairs/Department of Defense Single Separa- Committee on Armed Services. of Defense for Personnel and Readiness, tion Examinations at Benefits Delivery at EC–3662. A communication from the Prin- transmitting authorization of Lieutenant Discharge Sites’’; to the Committee on cipal Deputy, Office of the Under Secretary General Norton A. Schwartz, United States Armed Services. of Defense for Personnel and Readiness, Air Force, to wear the insignia of the grade EC–3681. A communication from the Under transmitting authorization of Major General of general in accordance with title 10, United Secretary of Defense (Comptroller), trans- John F. Goodman, United States Marine States Code, section 777; to the Committee mitting, pursuant to law, a report relative to Corps, to wear the insignia of the grade of on Armed Services. acceptance of contributions for defense pro- lieutenant general in accordance with title EC–3672. A communication from the Prin- grams, projects, and activities; Defense Co- 10, United States Code, section 777; to the cipal Deputy, Office of the Under Secretary operation Account, and a report concerning Committee on Armed Services. of Defense for Personnel and Readiness, the value of personal property that foreign EC–3663. A communication from the Prin- transmitting authorization of Lieutenant nations have provided the United States for cipal Deputy, Office of the Under Secretary General John D.W. Corley, United States Air the Global War on Terrorism; to the Com- of Defense for Personnel and Readiness, Force, to wear the insignia of the grade of mittee on Armed Services.

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20032 CONGRESSIONAL RECORD—SENATE September 12, 2005 EC–3682. A communication from the Under Act of 2000’’; to the Committee on Health, EC–3702. A communication from the Assist- Secretary of Defense for Acquisition, Tech- Education, Labor, and Pensions. ant Secretary, Employee Benefits Security nology, and Logistics, transmitting, pursu- EC–3692. A communication from the Direc- Administration, Department of Labor, trans- ant to law, a report (8 subjects on 1 disc be- tor, Regulations Policy and Management mitting, pursuant to law, the report of a rule ginning with ‘‘Inquiry Response Regarding Staff, Food and Drug Administration, De- entitled ‘‘Amendment to Prohibited Trans- USAF Communications with Adjutants Gen- partment of Health and Human Services, action Exemption 84–14 for Plan Asset Trans- eral’’) relative to the Defense Base Closure transmitting, pursuant to law, the report of actions Determined by Independent Qualified and Realignment Act of 1990, as amended; to a rule entitled ‘‘Definition of Primary Mode Professional Asset Managers’’ (PTE 84–14) re- the Committee on Armed Services. of Action of a Combination Product’’ (Dock- ceived on August 23, 2005; to the Committee EC–3683. A communication from the Under et No. 2004N–0194) received on September 6, on Health, Education, Labor, and Pensions. Secretary of Defense for Acquisition, Tech- 2005; to the Committee on Health, Education, EC–3703. A communication from the Senior nology, and Logistics, transmitting, pursu- Labor, and Pensions. Regulatory Officer, Wage and Hour Division, ant to law, a report (6 subjects on 1 disc be- EC–3693. A communication from the Sec- Department of Labor, transmitting, pursu- ginning with ‘‘Inquiry Response Regarding retary of Health and Human Services, trans- ant to law, the report of a rule entitled DFAS Contractors’’) relative to the Defense mitting, pursuant to law, a report entitled ‘‘Service Contract Act Wage Determination OnLine Request Process’’ (RIN1215–AB47) re- Base Closure and Realignment Act of 1990, as ‘‘HHS Designation of Additional Members ceived on August 31, 2005; to the Committee amended; to the Committee on Armed Serv- (workers employed at the Iowa Army Ammu- nition Plant in Burlington, Iowa) of the Spe- on Health, Education, Labor, and Pensions. ices. EC–3704. A communication from the Direc- EC–3684. A communication from the Under cial Exposure Cohort under the Energy Em- ployees Occupational Illness Compensation tor, Regulations Policy and Management Secretary of Defense for Acquisition, Tech- Staff, Food and Drug Administration, De- Program Act of 2000’’; to the Committee on nology, and Logistics, transmitting, pursu- partment of Health and Human Services, Health, Education, Labor, and Pensions. ant to law, a report (10 subjects on 1 disc be- transmitting, pursuant to law, the report of ginning with ‘‘Follow Up Questions on EC–3694. A communication from the White House Liaison, Office of Legislation and Con- a rule entitled ‘‘Irradiation in the Produc- Eielson’’) relative to the Defense Base Clo- tion, Processing, and Handling of Food’’ gressional Affairs, Department of Education, sure and Realignment Act of 1990, as amend- (Docket No. 1999F–4372) received on August transmitting, pursuant to law, the report of ed; to the Committee on Armed Services. 17, 2005; to the Committee on Health, Edu- action on a nomination for the position of EC–3685. A communication from the Under cation, Labor, and Pensions. Secretary of Defense for Acquisition, Tech- Assistant Secretary, received on August 31, EC–3705. A communication from the Dep- nology, and Logistics, transmitting, pursu- 2005; to the Committee on Health, Education, uty Executive Director, Pension Benefit ant to law, a report (15 subjects on 1 disc be- Labor, and Pensions. Guaranty Corporation, transmitting, pursu- ginning with ‘‘NAS Oceana’’) relative to the EC–3695. A communication from the White ant to law, the report of a rule entitled Defense Base Closure and Realignment Act House Liaison, Office of Legislation and Con- ‘‘Benefits Payable in Terminated Single-Em- of 1990, as amended; to the Committee on gressional Affairs, Department of Education, ployer Plans; Allocation of Assets in Single- Armed Services. transmitting, pursuant to law, the report of Employer Plans; Interest Assumptions for EC–3686. A communication from the Under a vacancy in the position of Assistant Sec- Valuing and Paying Benefits’’ (29 CFR Parts Secretary of Defense for Acquisition, Tech- retary, received on August 31, 2005; to the 4022 and 4044) received on September 6, 2005; nology, and Logistics, transmitting, pursu- Committee on Health, Education, Labor, and to the Committee on Health, Education, ant to law, six quarterly Selected Acquisi- Pensions. Labor, and Pensions. EC–3696. A communication from the White tion Reports (SARs) for the quarter ending EC–3706. A communication from the Sec- House Liaison, Office of Management, De- June 30, 2005 entitled ‘‘LPD17, MH–60S, retary of Health and Human Services, trans- partment of Education, transmitting, pursu- Evolved Expendable Launch Vehicle (EELV), mitting, pursuant to law, a report on the ant to law, the report of a vacancy in the po- Global Broadcast Service (GBS), National Fiscal Year 2003 Low Income Home Energy sition of Assistant Secretary, received on Airspace System (NAS), and Smaller Diame- Assistance Program; to the Committee on August 31, 2005; to the Committee on Health, ter Bomb (SDB); to the Committee on Armed Health, Education, Labor, and Pensions. Education, Labor, and Pensions. f Services. EC–3697. A communication from the White EC–3687. A communication from the Under House Liaison, Office of Management, De- REPORTS OF COMMITTEES Secretary of Defense for Acquisition, Tech- partment of Education, transmitting, pursu- The following reports of committees nology, and Logistics, transmitting, pursuant to law, the report of the designation of ant to law, a report (9 subjects on 4 discs be- an acting officer for the position of Assistant were submitted: ginning with ‘‘Installation and Range Bound- Secretary, received on August 31, 2005; to the By Mr. MCCAIN, from the Committee on aries Data Files’’) relative to the Defense Committee on Health, Education, Labor, and Indian Affairs, without amendment: Base Closure and Realignment Act of 1990, as Pensions. S. 113. A bill to modify the date as of which amended; to the Committee on Armed Serv- EC–3698. A communication from the White certain tribal land of the Lytton Rancheria ices. House Liaison, Office of Communications of California is deemed to be held in trust EC–3688. A communication from the Sec- and Outreach, Department of Education, (Rept. No. 109–136). By Mr. SPECTER, from the Committee on retary, Department of Defense, transmitting transmitting, pursuant to law, the report of the Judiciary, with an amendment in the na- a report on the approved retirement of Gen- action on a nomination for the position of ture of a substitute: eral John P. Jumper, United States Air Assistant Secretary, received on August 31, Force; to the Committee on Armed Services. S. 1197. A bill to reauthorize the Violence 2005; to the Committee on Health, Education, Against Women Act of 1994. EC–3689. A communication from the Chief, Labor, and Pensions. Programs and Legislative Division, Office of EC–3699. A communication from the White f Legislative Liaison, Office of the Secretary, House Liaison, Office of Planning, Evalua- INTRODUCTION OF BILLS AND Department of the Air Force, transmitting, tion and Policy Development, Department of JOINT RESOLUTIONS pursuant to law, a report relative to a multi- Education, transmitting, pursuant to law, function standard competition of the Base the report of action on a nomination for the The following bills and joint resolu- Operating Support Functions at Homestead position of Assistant Secretary, received on tions were introduced, read the first Air Reserve Station (ARS), Florida; to the August 31, 2005; to the Committee on Health, and second times by unanimous con- Committee on Armed Services. Education, Labor, and Pensions. sent, and referred as indicated: EC–3690. A communication from the Sec- EC–3700. A communication from the White By Mr. TALENT: retary of Health and Human Services, trans- House Liaison, Office of Elementary and Sec- S. 1650. A bill to suspend temporarily the mitting the draft agenda for the ribbon cut- ondary Education, Department of Education, duty on prohexadione calcium; to the Com- ting ceremony for the six new buildings at transmitting, pursuant to law, the report of mittee on Finance. the Centers for Disease Control and Preven- action on a nomination for the position of By Mr. TALENT: tion (CDC) in Atlanta, Georgia, on Monday, Assistant Secretary, received on August 31, S. 1651. A bill to suspend temporarily the September 12, 2005; to the Committee on 2005; to the Committee on Health, Education, duty on methyl methoxy acetate; to the Health, Education, Labor, and Pensions. Labor, and Pensions. Committee on Finance. EC–3691. A communication from the Sec- EC–3701. A communication from the White By Mr. TALENT: retary of Health and Human Services, trans- House Liaison, Institute of Education S. 1652. A bill to suspend temporarily the mitting, pursuant to law, a report entitled Sciences, Department of Education, trans- duty on methoxyacetic acid; to the Com- ‘‘HHS Designation of Additional Members mitting, pursuant to law, the report of a mittee on Finance. (workers employed at the Y–12 facility in nomination for the position of Commissioner By Mr. TALENT: Oak Ridge, Tennessee) of the Special Expo- of Education Statistics, received on August S. 1653. A bill to suspend temporarily the sure Cohort under the Energy Employees Oc- 31, 2005; to the Committee on Health, Edu- duty on N-Methylpiperidine; to the Com- cupational Illness Compensation Program cation, Labor, and Pensions. mittee on Finance.

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 12, 2005 CONGRESSIONAL RECORD—SENATE 20033 By Mr. TALENT: By Mr. SANTORUM: and State children’s health insurance pro- S. 1654. A bill to suspend temporarily the S. 1675. A bill to suspend temporarily the grams for States providing medical or child duty on p-trifluoromethyl benzaldehyde; to duty on 2, 3-Dichloronitrobenzene; to the health assistance to survivors of Hurricane the Committee on Finance. Committee on Finance. Katrina, to provide for an accommodation of By Mr. TALENT: By Mr. SANTORUM: the special needs of such survivors under the S. 1655. A bill to suspend temporarily the S. 1676. A bill to reduce temporarily the medicare program, and for other purposes; duty on quinclorac technical; to the Com- duty on O-Toluidine to the Committee on Fi- read the first time. mittee on Finance. nance. f By Mr. TALENT: By Mr. SCHUMER: S. 1656. A bill to suspend temporarily the S. 1677. A bill to amend the Internal Rev- ADDITIONAL COSPONSORS duty on pyridaben; to the Committee on Fi- enue Code of 1986 to permanently extend the S. 267 nance. deduction for college tuition expenses and to By Mr. TALENT: expand such deduction to include expenses At the request of Mr. CRAIG, the S. 1657. A bill to suspend temporarily the for books; to the Committee on Finance. name of the Senator from North Caro- duty on 2-acetylnicotinic acid; to the Com- By Mr. SCHUMER (for himself and Ms. lina (Mrs. DOLE) was added as a cospon- mittee on Finance. MIKULSKI): sor of S. 267, a bill to reauthorize the By Mr. SANTORUM: S. 1678. A bill to temporarily increase the Secure Rural Schools and Community S. 1658. A bill to suspend temporarily the standard mileage rate for use of an auto- Self-Determination Act of 2000, and for duty on sodium orthophenylphenol; to the mobile for purposes of certain deductions al- other purposes. Committee on Finance. lowed under the Internal Revenue Code of By Mr. SANTORUM: 1986 and to temporarily increase the reim- S. 269 S. 1659. A bill to suspend temporarily the bursement rate for use of an automobile by At the request of Mr. KERRY, the duty on a certain chemical; to the Com- Federal employees; to the Committee on Fi- name of the Senator from Maine (Ms. mittee on Finance. nance. COLLINS) was added as a cosponsor of S. By Mr. SANTORUM: By Mr. DEWINE (for himself and Mr. 269, a bill to provide emergency relief S. 1660. A bill to extend the temporary sus- ROCKEFELLER): to small business concerns affected by pension of duty on a certain ion exchange S. 1679. A bill to amend part E of title IV resin; to the Committee on Finance. of the Social Security Act to strengthen a significant increase in the price of By Mr. SANTORUM: courts for at-risk children, and for other pur- heating oil, natural gas, propane, or S. 1661. A bill to extend the temporary sus- poses; to the Committee on Finance. kerosene, and for other purposes. pension of duty on a certain ion exchange By Mr. CORNYN: S. 440 resin; to the Committee on Finance. S. 1680. A bill to reform the issuance of na- At the request of Mr. BUNNING, the By Mr. SANTORUM: tional security letters; to the Committee on name of the Senator from North Caro- S. 1662. A bill to extend the temporary sus- the Judiciary. pension of duty on a certain ion exchange By Mrs. HUTCHISON (for herself and lina (Mr. BURR) was added as a cospon- resin; to the Committee on Finance. Mr. CORNYN): sor of S. 440, a bill to amend title XIX By Mr. SANTORUM: S. 1681. A bill to provide for reimbursement of the Social Security Act to include S. 1663. A bill to extend the temporary sus- of communities for purchases of supplies dis- podiatrists as physicians for purposes pension of duty on a certain chemical; to the tributed to Katrina Survivors; read the first of covering physicians services under Committee on Finance. time. the medicaid program. By Mr. SANTORUM: By Mrs. HUTCHISON (for herself and S. 484 S. 1664. A bill to extend the temporary sus- Mr. CORNYN): pension of duty on a certain ion exchange S. 1682. A bill to provide for reimbursement At the request of Mr. WARNER, the resin; to the Committee on Finance. for business revenue lost as a result of a fa- name of the Senator from New Mexico By Mr. SANTORUM: cility being used as an emergency shelter for (Mr. DOMENICI) was added as a cospon- S. 1665. A bill to extend the temporary sus- Katrina Survivors; read the first time. sor of S. 484, a bill to amend the Inter- pension of duty on a certain ion exchange By Mrs. HUTCHISON (for herself and nal Revenue Code of 1986 to allow Fed- resin; to the Committee on Finance. Mr. CORNYN): eral civilian and military retirees to By Mr. SANTORUM: S. 1683. A bill to provide relief for students pay health insurance premiums on a S. 1666. A bill to suspend temporarily the affected by Hurricane Katrina; read the first duty on a certain chemical; to the Com- time. pretax basis and to allow a deduction mittee on Finance. By Mrs. HUTCHISON (for herself and for TRICARE supplemental premiums. By Mr. SANTORUM: Mr. CORNYN): S. 513 S. 1667. A bill to suspend temporarily the S. 1684. A bill to clarify which expenses re- At the request of Mr. GREGG, the duty on Baypure CX; to the Committee on lating to emergency shelters for Katrina name of the Senator from South Da- Finance. Survivors are eligible for Federal reimburse- kota (Mr. JOHNSON) was added as a co- By Mr. SANTORUM: ment; read the first time. S. 1668. A bill to suspend temporarily the By Mr. OBAMA (for himself, Mr. BAYH, sponsor of S. 513, a bill to provide col- duty on a certain chemical; to the Com- Mr. HARKIN, Mr. LEVIN, Mr. CORZINE, lective bargaining rights for public mittee on Finance. Mr. FEINGOLD, Mr. BINGAMAN, Mr. safety officers employed by States or By Mr. SANTORUM: KENNEDY, Mrs. MURRAY, and Mr. their political subdivisions. S. 1669. A bill to suspend temporarily the SALAZAR): S. 603 duty on Isoeicosane; to the Committee on Fi- S. 1685. A bill to ensure the evacuation of At the request of Ms. LANDRIEU, the nance. individuals with special needs in times of By Mr. SANTORUM: emergency; to the Committee on Homeland name of the Senator from Kansas (Mr. S. 1670. A bill to suspend temporarily the Security and Governmental Affairs. ROBERTS) was added as a cosponsor of duty on Isododecane; to the Committee on By Mr. SANTORUM: S. 603, a bill to amend the Consumer Finance. S. 1686. A bill to amend the Constitution Credit Protection Act to assure mean- By Mr. SANTORUM: Heritage Act of 1988 to provide for the oper- ingful disclosures of the terms of rent- S. 1671. A bill to suspend temporarily the ation of the National Constitution Center; to al-purchase agreements, including dis- duty on Isohexadecane; to the Committee on the Committee on Energy and Natural Re- closures of all costs to consumers Finance. sources. under such agreements, to provide cer- By Mr. SANTORUM: By Ms. MIKULSKI (for herself and Mrs. S. 1672. A bill to suspend temporarily the HUTCHISON): tain substantive rights to consumers duty on aminoguanidine bicarbonate; to the S. 1687. A bill to amend the Public Health under such agreements, and for other Committee on Finance. Service Act to provide waivers relating to purposes. By Mr. SANTORUM: grants for preventive health measures with S. 635 S. 1673. A bill to suspend temporarily the respect to breast and cervical cancers; to the At the request of Mr. SANTORUM, the duty on O-Chlorotoluene; to the Committee Committee on Health, Education, Labor, and name of the Senator from Kentucky on Finance. Pensions. By Mr. SANTORUM: By Mrs. HUTCHISON (for herself and (Mr. BUNNING) was added as a cosponsor S. 1674. A bill to suspend temporarily the Mr. CORNYN): of S. 635, a bill to amend title XVIII of duty on Bayderm Bottom DLV–N; to the S. 1688. A bill to provide 100 percent Fed- the Social Security Act to improve the Committee on Finance. eral financial assistance under the Medicaid benefits under the medicare program

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for beneficiaries with kidney disease, (Mr. COCHRAN) was added as a cospon- kota (Mr. DORGAN) was added as a co- and for other purposes. sor of S. 1244, a bill to amend the Inter- sponsor of S. 1572, a bill to amend title S. 695 nal Revenue Code of 1986 to allow indi- XIX of the Social Security Act to clar- At the request of Mr. SALAZAR, his viduals a deduction for qualified long- ify the application of the 100 percent name was added as a cosponsor of S. term care insurance premiums, use of Federal medical assistance percentage 695, a bill to suspend temporarily new such insurance under cafeteria plans under the medicaid program for serv- shipper bonding privileges. and flexible spending arrangements, ices provided by the Indian Health S. 875 and a credit for individuals with long- Service or an Indian tribe or tribal or- At the request of Mr. BINGAMAN, the term needs. ganization directly or through referral, names of the Senator from Iowa (Mr. S. 1272 contract, or other arrangement. HARKIN) and the Senator from Cali- At the request of Mr. NELSON of Ne- S. 1622 fornia (Mrs. FEINSTEIN) were added as braska, the name of the Senator from At the request of Mrs. CLINTON, the cosponsors of S. 875, a bill to amend the Ohio (Mr. DEWINE) was added as a co- name of the Senator from Wisconsin Internal Revenue Code of 1986 and the sponsor of S. 1272, a bill to amend title (Mr. FEINGOLD) was added as a cospon- Employee Retirement Income Security 46, United States Code, and title II of sor of S. 1622, a bill to establish a con- Act of 1974 to increase participation in the Social Security Act to provide ben- gressional commission to examine the section 401(k) plans through automatic efits to certain individuals who served Federal, State, and local response to contribution trusts, and for other pur- in the United States merchant marine the devastation wrought by Hurricane poses. (including the Army Transport Service Katrina in the Gulf Region of the S. 1064 and the Naval Transport Service) dur- United States especially in the States At the request of Mr. COCHRAN, the ing World War II. of Louisiana, Mississippi, Alabama, and name of the Senator from Montana S. 1315 other areas impacted in the aftermath (Mr. BURNS) was added as a cosponsor At the request of Mr. JOHNSON, his and make immediate corrective meas- of S. 1064, a bill to amend the Public name was added as a cosponsor of S. ures to improve such responses in the Health Service Act to improve stroke 1315, a bill to require a report on future. prevention, diagnosis, treatment, and progress toward the Millennium Devel- S. 1630 rehabilitation. opment Goals, and for other purposes. At the request of Mrs. MURRAY, her S. 1081 S. 1369 name was added as a cosponsor of S. 1630, a bill to direct the Secretary of At the request of Mr. KYL, the name At the request of Mr. TALENT, the of the Senator from Georgia (Mr. ISAK- name of the Senator from Oregon (Mr. Homeland Security to establish the Na- tional Emergency Family Locator Sys- SON) was added as a cosponsor of S. WYDEN) was added as a cosponsor of S. 1081, a bill to amend title XVIII of the 1369, a bill to establish an Unsolved tem. Social Security Act to provide for a Crimes Section in the Civil Rights Di- At the request of Mr. OBAMA, the minimum update for physicians’ serv- vision of the Department of Justice. names of the Senator from New Mexico ices for 2006 and 2007. (Mr. BINGAMAN), the Senator from New S. 1403 S. 1110 Jersey (Mr. CORZINE) and the Senator At the request of Mr. WYDEN, the At the request of Mr. ALLEN, the from Illinois (Mr. DURBIN) were added name of the Senator from North Da- name of the Senator from Maine (Ms. as cosponsors of S. 1630, supra. kota (Mr. DORGAN) was added as a co- COLLINS) was added as a cosponsor of S. S. 1638 sponsor of S. 1403, a bill to amend title 1110, a bill to amend the Federal Haz- At the request of Mr. OBAMA, the XVIII of the Social Security Act to ex- ardous Substances Act to require en- names of the Senator from New Mexico tend reasonable cost contracts under gine coolant and antifreeze to contain (Mr. BINGAMAN), the Senator from New medicare. a bittering agent in order to render the Jersey (Mr. LAUTENBERG) and the Sen- S. 1440 coolant or antifreeze unpalatable. ator from New Jersey (Mr. CORZINE) At the request of Mr. CRAPO, the S. 1112 were added as cosponsors of S. 1638, a name of the Senator from Pennsyl- At the request of Mr. GRASSLEY, the bill to provide for the establishment of name of the Senator from Maine (Ms. vania (Mr. SANTORUM) was added as a programs and activities to assist in cosponsor of S. 1440, a bill to amend COLLINS) was added as a cosponsor of S. mobilizing an appropriate healthcare 1112, a bill to make permanent the entitle XVIII of the Social Security Act workforce in the event of a health hanced educational savings provisions to provide coverage for cardiac reha- emergency or natural disaster. bilitation and pulmonary rehabilita- for qualified tuition programs enacted S. 1646 tion services. as part of the Economic Growth and At the request of Mr. AKAKA, the Tax Relief Reconciliation Act of 2001. S. 1462 name of the Senator from Colorado S. 1173 At the request of Mr. BROWNBACK, the (Mr. SALAZAR) was added as a cospon- At the request of Mr. DEMINT, the name of the Senator from Oklahoma sor of S. 1646, a bill to provide for the name of the Senator from Texas (Mr. (Mr. INHOFE) was added as a cosponsor care of veterans affected by Hurricane CORNYN) was added as a cosponsor of S. of S. 1462, a bill to promote peace and Katrina. 1173, a bill to amend the National accountability in Sudan, and for other S. 1647 Labor Relations Act to ensure the purposes. At the request of Mr. FEINGOLD, the right of employees to a secret-ballot At the request of Mrs. CLINTON, her names of the Senator from Vermont election conducted by the National name was added as a cosponsor of S. (Mr. JEFFORDS) and the Senator from Labor Relations Board. 1462, supra. Michigan (Mr. LEVIN) were added as co- S. 1179 S. 1496 sponsors of S. 1647, a bill to amend title At the request of Mr. KENNEDY, the At the request of Mr. CRAPO, the 11, United States Code, to provide relief name of the Senator from Michigan name of the Senator from Virginia (Mr. to victims of Hurricane Katrina and (Ms. STABENOW) was added as a cospon- ALLEN) was added as a cosponsor of S. other natural disasters. sor of S. 1179, a bill to amend title 1496, a bill to direct the Secretary of S.J. RES. 23 XVIII of the Social Security Act to en- the Interior to conduct a pilot program At the request of Mr. COBURN, the sure that benefits under part D of such under which up to 15 States may issue names of the Senator from West Vir- title have no impact on benefits under electronic Federal migratory bird ginia (Mr. BYRD) and the Senator from other Federal programs. hunting stamps. Ohio (Mr. DEWINE) were added as co- S. 1244 S. 1572 sponsors of S.J. Res. 23, a joint resolu- At the request of Mr. GRASSLEY, the At the request of Mr. JOHNSON, the tion supporting the goals and ideals of name of the Senator from Mississippi name of the Senator from North Da- Gold Star Mothers Day.

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S. RES. 184 league, Senator ROCKEFELLER, which Let me conclude by saying that when At the request of Mr. SANTORUM, the would impact the lives of many at-risk Congress passed the Adoption and Safe name of the Senator from Ohio (Mr. children living in foster care. This bill Families Act, I believed it was a good DEWINE) was added as a cosponsor of S. is called WE CARE Kids: Working to start. Congress, however, would have Res. 184, a resolution expressing the Enhance Courts for At-risk and Endan- to do more to make sure that every sense of the Senate regarding mani- gered Kids Act of 2005. child has the opportunity to live in a festations of anti-Semitism by United How well a child welfare system func- safe, stable, loving and permanent Nations member states and urging actions is often related to how well the home. One of the essential ingredients tion against anti-Semitism by United accompanying court system functions. is an efficiently operating court sys- Nations officials, United Nations mem- The important role of the courts was tem—a system that puts the principles ber states, and the Government of the noted last year when the Pew Commis- embodied in the law into practice. Our United States, and for other purposes. sion on Children in Foster Care re- bill would help the court system do leased their recommendations to over- AMENDMENT NO. 1652 just that. haul the Nation’s foster care system. At the request of Mrs. LINCOLN, the I ask unanimous consent that the As observed by the Pew Commission, it text of the bill be printed in the names of the Senator from Colorado is the courts that decide whether a (Mr. SALAZAR), the Senator from Mary- RECORD. child has been abused or neglected and There being no objection, the bill was land (Ms. MIKULSKI) and the Senator whether that child should be placed in ordered to be printed in the RECORD, as from Massachusetts (Mr. KENNEDY) the foster care system. It is the courts follows: were added as cosponsors of amend- that oversee whether the parents are S. 1679 ment No. 1652 proposed to H.R. 2862, a making progress on their case plan and bill making appropriations for Science, enforce the timelines for permanency. Be it enacted by the Senate and House of Rep- the Departments of State, Justice, and resentatives of the United States of America in It is the courts that decide whether a Congress assembled, Commerce, and related agencies for the parent’s rights should be terminated or fiscal year ending September 30, 2006, SECTION 1. SHORT TITLE. whether a family should be reunified. This Act may be cited as the ‘‘Working to and for other purposes. These judges are making tough, life- Enhance Courts for At-Risk and Endangered AMENDMENT NO. 1654 changing decisions for all parties in- Kids Act of 2005’’. At the request of Mr. DAYTON, the volved. SEC. 2. TABLE OF CONTENTS. names of the Senator from Michigan To strengthen the courts making The table of contents of this Act is as fol- (Mr. LEVIN) and the Senator from Mis- these life-altering decisions, the Pew lows: souri (Mr. TALENT) were added as co- Commission recommended: 1. The Sec. 1. Short title. sponsors of amendment No. 1654 pro- adoption of court performance meas- Sec. 2. Table of contents. posed to H.R. 2862, a bill making appro- ures by every dependency court; 2. in- TITLE I—COLLABORATION AMONG centives and requirements for effect STATE IV–B AND IV–E AGENCY AND priations for Science, the Departments COURTS of State, Justice, and Commerce, and collaboration between courts and child welfare agencies; 3. a strong voice in Sec. 101. Collaboration on child and family related agencies for the fiscal year end- services plans, child and family ing September 30, 2006, and for other court for parents and children, as well service reviews, program im- purposes. as effective and well-trained represen- provement plans, and court im- AMENDMENT NO. 1660 tation by attorneys and volunteer ad- provement program plans. vocates; and 4. leadership from chief Sec. 102. Multidisciplinary, broad-based At the request of Mrs. CLINTON, the justices and other State court leaders State child welfare commis- names of the Senator from California to organize their systems to better sions. (Mrs. BOXER), the Senator from Illinois serve the needs of children, train Sec. 103. Training for abuse and neglect (Mr. OBAMA), the Senator from Wis- court personnel. judges, and promote effective standards consin (Mr. FEINGOLD) and the Senator Sec. 104. Reservation of funds for collabora- for courts, judges and attorneys. from Iowa (Mr. HARKIN) were added as tion support. The legislation that Senator ROCKE- cosponsors of amendment No. 1660 pro- TITLE II—OUTCOME PERFORMANCE FELLER and I are introducing today in- posed to H.R. 2862, a bill making appro- STANDARDS FOR ABUSE AND NEGLECT corporates many of the recommenda- COURTS priations for Science, the Departments tions of the Pew Commission. Among Sec. 201. Outcome performance standards for of State, Justice, and Commerce, and other provisions, the legislation pro- abuse and neglect courts. related agencies for the fiscal year end- vides $10 million for grants for training TITLE III—COURT MODEL STANDARDS ing September 30, 2006, and for other of judges and court personnel, of which Sec. 301. Standards, training, and technical purposes. a significant portion must be used for assistance for attorneys. AMENDMENT NO. 1661 joint training between courts and child Sec. 302. Loan forgiveness for attorneys who At the request of Mr. BIDEN, the welfare agencies. It also provides $10 represent low-income families name of the Senator from Michigan million for grants to the highest State or individuals involved in the family or domestic relations (Mr. LEVIN) was added as a cosponsor of court for the development and imple- court system. amendment No. 1661 proposed to H.R. mentation of outcome measures re- Sec. 303. Loan forgiveness to social workers 2862, a bill making appropriations for lated to safety, permanency, due proc- who work for child protective Science, the Departments of State, ess, and timeliness of court pro- agencies. Justice, and Commerce, and related ceedings. The bill requires States to Sec. 304. Reauthorization of court-appointed agencies for the fiscal year ending Sep- develop standards of practice for attor- special advocate (CASA) pro- tember 30, 2006, and for other purposes. neys appearing in child abuse and ne- grams and increased funding for expansion in rural and under- f glect proceedings, as well as provides served urban areas. loan forgiveness for attorneys who TITLE IV—CLARIFICATION ON STATE STATEMENTS ON INTRODUCED practice in family, domestic, and juve- BILLS AND JOINT RESOLUTIONS FLEXIBILITY FOR PUBLIC ACCESS TO nile courts and for social workers who COURTS By Mr. DEWINE (for himself and work within the child welfare system. Sec. 401. Clarification on State flexibility Mr. ROCKEFELLER): The bill increases funding for the ex- for public access to courts. S. 1679. A bill to amend part E of title pansion of the Court Appointed Special TITLE V—COURT LEADERSHIP IV of the Social Security Act to Advocate program, and it includes a Sec. 501. Sense of the Senate regarding strengthen courts for at-risk children, provision that would ease the place- State court leadership. and for other purposes; to the Com- ment of children in foster care from TITLE VI—SAFE AND TIMELY INTER- mittee on Finance. one State to another, for the purposes STATE PLACEMENT OF FOSTER CHIL- Mr. DEWINE. Mr. President, I rise of speeding adoptions out of the foster DREN today to introduce a bill with my col- care system. Sec. 601. Sense of Congress.

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 0686 Sfmt 0655 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20036 CONGRESSIONAL RECORD—SENATE September 12, 2005 Sec. 602. Orderly and timely process for to Enhance Courts for At-Risk and Endan- State agency, State court leaders and abuse interstate placement of chil- gered Kids Act of 2005, the State agency re- and neglect courts located in the State, and dren. sponsible for administering the State plan Indian tribes and tribal organizations lo- Sec. 603. Home studies. under this subpart shall demonstrate to the cated in the State, with respect to the child Sec. 604. Requirement to complete back- Secretary evidence of substantial, ongoing, and family services reviews required under ground checks before approval and meaningful collaboration among the this section (including the development and of any foster or adoptive place- State agency, State court leaders and abuse implementation of a statewide assessment as ment and to check child abuse and neglect courts located in the State, and part of the conformity reviews and correc- registries; grandfather of opt- Indian tribes and tribal organizations lo- tive action plans required under this sec- out election; limited non- cated in the State, with respect to the State tion), the State plan under subpart 1 of part application. plan under this subpart, the State plan under B of title IV, the State plan under subpart 2 Sec. 605. Courts allowed access to the Fed- subpart 1, the State plan under part E, child of part B of title IV, the State plan under eral parent locator service to and family services reviews required under part E of title IV, and assessments and im- locate parents in foster care or section 1123A (including the development and plementation of improvements required adoptive placement cases. implementation of a statewide assessment as under section 438, through means such as— Sec. 606. Caseworker visits. part of the conformity reviews and correc- ‘‘(A) meeting regularly to review policies Sec. 607. Health and education records. Sec. 608. Right to be heard in foster care tive action plans required under that sec- and procedures; proceedings. tion), and assessments and implementation ‘‘(B) sharing data and information; Sec. 609. Court improvement. of improvements required under section 438, ‘‘(C) providing joint training; and Sec. 610. Reasonable efforts. through means such as— ‘‘(D) engaging in other ongoing efforts for Sec. 611. Case plans. ‘‘(A) meeting regularly to review policies improved decisions and outcomes for chil- Sec. 612. Case review system. and procedures; dren receiving assistance or services funded Sec. 613. Use of interjurisdictional re- ‘‘(B) sharing data and information; under the programs authorized under parts B sources. ‘‘(C) providing joint training; and and E of title IV. TITLE VII—EFFECTIVE DATE ‘‘(D) engaging in other ongoing efforts for ‘‘(2) DEFINITIONS.—In this subsection: Sec. 701. Effective date. improved decisions and outcomes for chil- ‘‘(A) ABUSE AND NEGLECT COURTS.—The dren receiving assistance or services funded term ‘abuse and neglect courts’ has the TITLE I—COLLABORATION AMONG STATE under the programs authorized under this meaning given that term in section 475(8). IV–B AND IV–E AGENCY AND COURTS part and part E of this title.’’. ‘‘(B) INDIAN TRIBE.—The term ‘Indian tribe’ SEC. 101. COLLABORATION ON CHILD AND FAM- (b) IV–E STATE PLAN REQUIREMENT.—Sec- has the meaning given that term in section ILY SERVICES PLANS, CHILD AND FAMILY SERVICE REVIEWS, PRO- tion 471(a) of the Social Security Act (42 102(2) of the Federally Recognized Indian GRAM IMPROVEMENT PLANS, AND U.S.C. 671(a)) is amended— Tribe List Act of 1994 (25 U.S.C. 479a(2)). COURT IMPROVEMENT PROGRAM (1) in paragraph (23)(B), by striking ‘‘and’’ ‘‘(C) TRIBAL ORGANIZATION.—The term PLANS. at the end; ‘tribal organization’ has the meaning given (a) IV–B STATE PLANS REQUIREMENT.— (2) in paragraph (24), by striking the period that term in section 4(l) of the Indian Self- (1) STATE PLANS FOR CHILD WELFARE SERV- at the end and inserting ‘‘; and’’; and Determination and Education Assistance Act ICES.—Section 422(b) of the Social Security (3) by adding at the end the following: (25 U.S.C. 450b(l).’’. Act (42 U.S.C. 622(b)) is amended— ‘‘(25) provides that, not later than 3 years (d) COURT IMPROVEMENT PROGRAM REQUIRE- (A) in paragraph (13), by striking ‘‘and’’ at after the date of enactment of the Working MENT.—Section 438 of the Social Security the end; to Enhance Courts for At-Risk and Endan- Act (42 U.S.C. 629h) is amended by adding at (B) in paragraph (14), by striking the pe- gered Kids Act of 2005, the State agency re- the end the following: riod at the end and inserting ‘‘; and’’; and sponsible for administering the State plan (C) by adding at the end the following: under this part shall demonstrate to the Sec- ‘‘(e) DEMONSTRATION OF COLLABORATION.— ‘‘(15) provide that, not later than 3 years retary evidence of substantial, ongoing, and Beginning on the date that is 3 years after after the date of enactment of the Working meaningful collaboration among the State the date of enactment of the Working to En- to Enhance Courts for At-Risk and Endan- agency, State court leaders and abuse and hance Courts for At-Risk and Endangered gered Kids Act of 2005, the State agency re- neglect courts located in the State, and In- Kids Act of 2005, the highest State court in a sponsible for administering the State plan dian tribes and tribal organizations located State shall not be eligible for a grant under under this subpart shall demonstrate to the in the State, with respect to the State plan this section with respect to any fiscal year Secretary evidence of substantial, ongoing, under this part, the State plan under subpart beginning on or after such date (or to con- and meaningful collaboration among the 1 of part B, the State plan under subpart 2 of tinue to receive funding under a grant State agency, State court leaders and abuse part B, child and family services reviews re- awarded under this section prior to such and neglect courts located in the State, and quired under section 1123A (including the de- date), unless the court demonstrates to the Indian tribes and tribal organizations lo- velopment and implementation of a state- Secretary evidence of substantial, ongoing, cated in the State, with respect to the State wide assessment as part of the conformity and meaningful collaboration among the plan under this subpart, the State plan under reviews and corrective action plans required State court leaders and abuse and neglect subpart 2, the State plan under part E, child under that section), and assessments and im- courts located in the State, the State agency and family services reviews required under plementation of improvements required responsible for administering the State plans section 1123A (including the development and under section 438, through means such as— under this subpart, subpart 1, and part E, implementation of a statewide assessment as ‘‘(A) meeting regularly to review policies and Indian tribes and tribal organizations lo- part of the conformity reviews and correc- and procedures; cated in the State with respect to the devel- tive action plans required under that sec- ‘‘(B) sharing data and information; opment and conduct of the assessments re- tion), and assessments and implementation ‘‘(C) providing joint training; and quired under this section, the implementa- of improvements required under section 438, ‘‘(D) engaging in other ongoing efforts for tion of the improvements deemed necessary through means such as— improved decisions and outcomes for chil- as a result of such assessments, the child and ‘‘(A) meeting regularly to review policies dren receiving assistance or services funded family services reviews required under sec- and procedures; under the programs authorized under this tion 1123A (including the development and ‘‘(B) sharing data and information; part and part B of this title.’’. implementation of a statewide assessment as ‘‘(C) providing joint training; and (c) CHILD AND FAMILY SERVICES PROGRAMS part of the conformity reviews and correc- ‘‘(D) engaging in other ongoing efforts for REVIEW REQUIREMENT.—Section 1123A of the tive action plans required under that sec- improved decisions and outcomes for chil- Social Security Act (42 U.S.C. 1320a–2a) is tion), and the State plans under subpart 1 of dren receiving assistance or services funded amended by adding at the end the following: part B of title IV, subpart 2 of part B of title under the programs authorized under this ‘‘(d) DEMONSTRATION OF COLLABORATION.— IV, and part E of title IV. Demonstration of part and part E of this title.’’. ‘‘(1) IN GENERAL.—Not later than 3 years such collaboration may be made through (2) FAMILY PRESERVATION AND SUPPORT after the date of enactment of the Working means such as— SERVICES PLANS.—Section 432(a) of the Social to Enhance Courts for At-Risk and Endan- ‘‘(1) meeting regularly to review policies Security Act (42 U.S.C. 629b(a)) is amended— gered Kids Act of 2005, the regulations re- and procedures; (A) in paragraph (8), by striking ‘‘and’’ at ferred to in subsection (a) shall require the ‘‘(2) sharing data and information; the end; State agency responsible for administering ‘‘(3) providing joint training; and (B) in paragraph (9), by striking the period the programs authorized under subpart 1 of ‘‘(4) engaging in other ongoing efforts for at the end and inserting ‘‘; and’’; and part B of title IV, subpart 2 of part B of title improved decisions and outcomes for chil- (C) by adding at the end, the following: IV, and part E of title IV to demonstrate to dren receiving assistance or services funded ‘‘(10) provides that, not later than 3 years the Secretary evidence of substantial, ongo- under the programs authorized under parts B after the date of enactment of the Working ing, and meaningful collaboration among the and E of title IV.’’.

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(d) DEFINITIONS OF ABUSE AND NEGLECT children who have been abused or neglected, ‘‘(1) AUTHORITY TO AWARD GRANTS.—In addi- COURT; INDIAN TRIBE; TRIBAL ORGANIZA- are in foster care, or are receiving child wel- tion to any other funds paid to a highest TION.— fare services; State court under this section for fiscal year (1) IN GENERAL.—Section 475 of the Social ‘‘(2) schools; 2006 or any fiscal year thereafter, the Sec- Security Act (42 U.S.C. 675) is amended by ‘‘(3) health care agencies or providers; retary shall award grants to highest State adding at the end the following: ‘‘(4) mental health agencies or providers; courts for the purpose of training judges, ‘‘(8) The term ‘abuse and neglect courts’ ‘‘(5) child care agencies or providers; court personnel, attorneys, and other legal means the State, local, and tribal courts ‘‘(6) abuse and neglect courts; personnel of abuse and neglect courts on that carry out State, local, or tribal laws re- ‘‘(7) the legal and law enforcement commu- issues relevant to the proceedings conducted quiring proceedings (conducted by or under nities; by such courts, such as child development the supervision of the courts)— ‘‘(8) consumers of child welfare services, to and other training needs specific to that ‘‘(A) that implement part B or part E of include parents, current or former foster court in the State. this title (including preliminary disposition youth, and child advocates; and ‘‘(2) JOINT-TRAINING INITIATIVES.—A highest of such proceedings); ‘‘(9) such other organizations, entities, or State court awarded a grant under this sub- ‘‘(B) that determine whether a child was individuals as the co-chairs of the Commis- section for a fiscal year shall ensure that a abused or neglected; sion determine to be appropriate. significant portion of the funds made avail- ‘‘(C) that determine the advisability or ap- ‘‘(d) DUTIES.—The Commission shall— able under the grant is used for cross-train- propriateness of foster care placement; or ‘‘(1) monitor and report to the Secretary ing initiatives that are jointly planned and ‘‘(D) that determine any other legal dis- and the public on the extent to which the executed with the State agency responsible position of a child in the abuse and neglect State child welfare programs and abuse and for administering the programs authorized court system. neglect courts are responsive to the needs of under this part and part E of this title, and ‘‘(9) The term ‘Indian tribe’ has the mean- children in their care; Indian tribes and tribal organizations lo- ing given that term in section 102(2) of the ‘‘(2) develop and submit a report to the cated in the State. Secretary and the public on plans to estab- Federally Recognized Indian Tribe List Act ‘‘(3) APPROPRIATION.—Out of any money in of 1994 (25 U.S.C. 479a(2)). lish ongoing collaboration among State, the Treasury of the United States not other- ‘‘(10) The term ‘tribal organization’ has the local, and tribal agencies and other commu- wise appropriated, there are appropriated for meaning given that term in section 4(l) of nity organizations that serve children who fiscal year 2006, $10,000,000 for making grants the Indian Self-Determination and Edu- have been abused or neglected, are in foster under this subsection.’’. cation Assistance Act (25 U.S.C. 450b(l).’’. care, or are receiving child welfare services, SEC. 104. RESERVATION OF FUNDS FOR COL- (2) CONFORMING AMENDMENTS.— which shall include recommendations for the LABORATION SUPPORT. (A) Section 428(c) of the Social Security appropriate use of aggregate data and infor- Sections 436(b) and 437(b) of the Social Se- Act (42 U.S.C. 628) is amended by striking mation sharing to improve outcomes for curity Act (42 U.S.C. 629f(b), 629g(b)) are each ‘‘by subsections (e) and (l) of section 4 of the such children; amended by adding at the end the following: ‘‘(3) provide ongoing continuity for the col- Indian Self-Determination and Education ‘‘(4) COLLABORATION.—The Secretary shall Assistance Act (25 U.S.C. 450b), respectively’’ laboration procedures established in accord- reserve 2 percent for making grants to sup- and inserting ‘‘in paragraphs (9) and (10), re- ance with such plan; port the development and implementation of spectively, of section 475’’. ‘‘(4) broaden public awareness of, and sup- ongoing and meaningful collaboration (B) Section 431(a) of the Social Security port for, meeting the needs of vulnerable among the State court leaders and abuse and Act (42 U.S.C. 629a(a)(6)) is amended by strik- children and families, including the need for neglect courts located in the State, the ing paragraphs (5) and (6) and inserting the sufficient mental health, health care, edu- State agency responsible for administering following: cation, child care, and other services; and the State plans under this subpart, subpart 1, ‘‘(5) TRIBAL ORGANIZATION.—The term ‘trib- ‘‘(5) perform such other tasks as the co- and part E, and Indian tribes and tribal orga- al organization’ has the meaning given that chairs of the Commission determines to be nizations located in the State with respect term in section 475(10). appropriate. to the State plans under this subpart, sub- ‘‘(e) DEFINITIONS.—In this section: ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ part 1, and part E, the development and con- ‘‘(1) ABUSE AND NEGLECT COURTS.—The has the meaning given that term in section duct of the assessments required under sec- term ‘abuse and neglect courts’ has the 475(9).’’. tion 438 and the implementation of the im- meaning given that term in section 475(8). SEC. 102. MULTIDISCIPLINARY, BROAD-BASED provements deemed necessary as a result of ‘‘(2) COMMISSION.—The term ‘Commission’ STATE CHILD WELFARE COMMIS- such assessments, and the child and family SIONS. means the commission required to be estab- services reviews required under section 1123A (a) IN GENERAL.—Part A of title XI of the lished under subsection (a). (including the development and implementa- Social Security Act (42 U.S.C. 1301 et seq.) is ‘‘(3) STATE CHILD WELFARE PROGRAMS.—The tion of a statewide assessment as part of the amended by inserting after section 1123A, the term ‘State child welfare programs’ means conformity reviews and corrective action following: the programs authorized under parts B and E plans required under that section).’’. ‘‘MULTIDISCIPLINARY, BROAD-BASED STATE of title IV. CHILD WELFARE COMMISSIONS ‘‘(4) TRIBAL AGENCIES.—The term ‘tribal TITLE II—OUTCOME PERFORMANCE STANDARDS FOR ABUSE AND NEGLECT ‘‘SEC. 1123B. (a) IN GENERAL.—Not later agencies’ means an agency of an Indian tribe than 1 year after the date of enactment of (as defined in section 475(9)).’’. COURTS the Working to Enhance Courts for At-Risk (b) STATE PLAN REQUIREMENT.—Section SEC. 201. OUTCOME PERFORMANCE STANDARDS and Endangered Kids Act of 2005, each State 471(a) of the Social Security Act (42 U.S.C. FOR ABUSE AND NEGLECT COURTS. administering a program established under 671(a)), as amended by section 101(b), is Section 438 of the Social Security Act (42 part B or E of title IV, shall establish a per- amended— U.S.C. 629h), as amended by section 103, is manent, multidisciplinary, broad-based com- (1) in paragraph (24), by striking ‘‘and’’ at amended— mission on State child welfare programs for the end; (1) by redesignating subsection (g) as sub- the purposes of— (2) in paragraph (25), by striking the period section (h); and ‘‘(1) ensuring ongoing collaboration among at the end and inserting ‘‘; and’’; and (2) by inserting after subsection (f) the fol- State, local, and tribal agencies and other (3) by adding at the end the following: lowing: community organizations that serve children ‘‘(26) provides that the State, not later ‘‘(g) OUTCOME PERFORMANCE STANDARDS who have been abused or neglected, are in than 1 year after the date of enactment of FOR ABUSE AND NEGLECT COURTS.— foster care, or are receiving child welfare the Working to Enhance Courts for At-Risk ‘‘(1) AUTHORITY TO AWARD GRANTS.— services; and and Endangered Kids Act of 2005, shall estab- ‘‘(A) IN GENERAL.—In addition to any other ‘‘(2) furthering the goal of providing all lish the multidisciplinary, broad-based child funds paid to a highest State court under children with safe, permanent families in welfare commission required under section this section for fiscal year 2006, the Sec- which their physical, emotional, and social 1123B.’’. retary shall award grants to highest State needs are met. SEC. 103. TRAINING FOR ABUSE AND NEGLECT courts for the purpose of developing and im- ‘‘(b) CO-CHAIRS.—The co-chairs of the Com- COURT PERSONNEL. plementing outcome performance standards mission shall be the Chief Justice for the Section 438 of the Social Security Act (42 for State abuse and neglect courts in order State or his or her designee and the head of U.S.C. 629h), as amended by section 101(d), is to achieve the goals of the programs author- the State agency responsible for admin- amended— ized under this part, part E, and the Adop- istering the State child welfare programs or (1) by redesignating subsection (f) as sub- tion and Safe Families Act of 1997 (Public his or her designee. section (g); and Law 105–89; 111 Stat. 2115). ‘‘(c) COMPOSITION.—The Commission shall (2) by inserting after subsection (e) the fol- ‘‘(B) REQUIREMENTS.— include representatives of— lowing: ‘‘(i) IN GENERAL.—A highest State court ‘‘(1) State, local, and tribal agencies and ‘‘(f) TRAINING FOR ABUSE AND NEGLECT that receives a grant under this subsection other community organizations that serve COURT PERSONNEL.— shall use funds provided under the grant to

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MESTIC RELATIONS ATTORNEYS.—Part B of ‘‘(3) INTEREST.—If a portion of a loan is re- ‘‘(ii) RECOMMENDED STANDARDS.—Outcome title IV of the Higher Education Act of 1965 paid by the Secretary under this section for performance standards and measurements (20 U.S.C. 1071 et seq.) is amended by insert- any year, the proportionate amount of inter- developed and implemented with funds pro- ing after section 428K (20 U.S.C. 1078–11) the est on such loan that accrues for such year vided under a grant made under this sub- following: shall be repaid by the Secretary. section shall be reasonably in accord with ‘‘(4) INELIGIBILITY OF NATIONAL SERVICE recommended standards and measurements ‘‘SEC. 428L. LOAN FORGIVENESS FOR FAMILY AWARD RECIPIENTS.—No student borrower for the areas described in subclauses (I) LAW, JUVENILE LAW, AND DOMESTIC may, for the same service, receive a benefit RELATIONS ATTORNEYS WHO WORK through (IV) of clause (ii) issued by national IN THE DEFENSE OF LOW-INCOME under both this section and subtitle D of organizations concerned with such standards FAMILIES, INDIVIDUALS, OR CHIL- title I of the National and Community Serv- and measurements. DREN. ice Act of 1990 (42 U.S.C. 12601 et seq.). ‘‘(2) APPLICATIONS.—In order to be eligible ‘‘(d) REPAYMENT TO ELIGIBLE LENDERS.— ‘‘(a) DEFINITIONS.—In this section: for a grant under this subsection, a highest The Secretary shall pay to each eligible ‘‘(1) ELIGIBLE LOAN.—The term ‘eligible State court shall submit to the Secretary an lender or holder for each fiscal year an loan’ means a loan made, insured, or guaran- application at such time, in such form, and amount equal to the aggregate amount of el- teed under this part or part D (excluding including such information and assurances igible loans which are subject to repayment loans made under section 428B or 428C, or as the Secretary shall require. pursuant to this section for such year. comparable loans made under part D) for at- ‘‘(3) ALLOTMENTS.— ‘‘(e) APPLICATION FOR REPAYMENT.— tendance at a law school. ‘‘(A) IN GENERAL.—Each highest State ‘‘(1) IN GENERAL.—Each eligible individual ‘‘(2) FAMILY LAW OR DOMESTIC RELATIONS court which has an application approved desiring loan repayment under this section ATTORNEY.—The term ‘family law or domes- under paragraph (2) shall be entitled to pay- shall submit a complete and accurate appli- tic relations attorney’ means an attorney ment for a fiscal year specified in paragraph cation to the Secretary at such time, in such who works in the field of family law or do- (1) from the amount appropriated pursuant manner, and containing such information as mestic relations, including juvenile justice, to paragraph (4) for a fiscal year of an the Secretary may require. truancy, child abuse or neglect, adoption, do- amount equal to the sum of $85,000 plus the ‘‘(2) CONDITIONS.—An eligible individual mestic relations, child support, paternity, amount described in subparagraph (B) for the may apply for loan repayment under this and other areas which fall under the field of fiscal year. section after completing each year of quali- family law or domestic relations law as de- ‘‘(B) FORMULA.—The amount described in fying employment. The borrower shall re- termined by State law. this subparagraph for any fiscal year is the ceive forbearance while engaged in quali- ‘‘(3) HIGHLY QUALIFIED ATTORNEY.—The amount that bears the same ratio to the fying employment unless the borrower is in term ‘highly qualified attorney’ means an amount appropriated pursuant to paragraph deferment while so engaged. attorney who has at least 2 consecutive (4) for a fiscal year (reduced by the dollar ‘‘(f) EVALUATION.— years of experience in the field of family or amount specified in subparagraph (A) for the ‘‘(1) IN GENERAL.—The Secretary shall con- domestic relations law serving as a rep- fiscal year) as the number of individuals in duct, by grant or contract, an independent resentative of low-income families or mi- the State who have not attained 21 years of national evaluation of the impact of the nors. age bears to the total number of such indi- demonstration program assisted under this viduals in all States with highest State ‘‘(b) DEMONSTRATION PROGRAM.— section on the field of family and domestic courts that have approved applications under ‘‘(1) IN GENERAL.—The Secretary may carry relations law. paragraph (2). out a demonstration program of assuming ‘‘(2) COMPETITIVE BASIS.—The grant or con- ‘‘(4) APPROPRIATION.—Out of any money in the obligation to repay eligible loans for any tract described in this subsection shall be the Treasury of the United States not other- new borrower after the date of enactment of awarded on a competitive basis. wise appropriated, there are appropriated for this section who— ‘‘(3) CONTENTS.—The evaluation described fiscal year 2006, $10,000,000 for making grants ‘‘(A) obtains a Juris Doctorate (JD) and in this subsection shall determine whether under this subsection.’’. takes not less than 1 law school class in fam- the loan forgiveness program assisted under ily law, juvenile law, domestic relations law, TITLE III—COURT MODEL STANDARDS this section— or a class that the Secretary finds equivalent ‘‘(A) has increased the number of highly SEC. 301. STANDARDS, TRAINING, AND TECH- to any such class pursuant to regulations qualified attorneys; NICAL ASSISTANCE FOR ATTOR- prescribed by the Secretary; and NEYS. ‘‘(B) has contributed to increased time on ‘‘(B) has worked fulltime for a State or the job for family law or domestic relations Section 471(a) of the Social Security Act local government entity, or a nonprofit pri- (42 U.S.C. 671(a)), as amended by section attorneys, as measured by— vate entity, as a family law or domestic rela- ‘‘(i) the length of time family law or do- 102(b), is amended— tions attorney on behalf of low-income indi- (1) in paragraph (25), by striking ‘‘and’’ at mestic relations attorneys receiving loan viduals in the family or domestic relations forgiveness under this section have worked the end; court system for 2 consecutive years imme- (2) in paragraph (26), by striking the period in the family law or domestic relations field; diately preceding the year for which the de- and and inserting ‘‘; and’’; and termination was made. (3) by adding at the end the following: ‘‘(ii) the length of time family law or do- ‘‘(2) AWARD BASIS.—Loan repayment under mestic relations attorneys continue to work ‘‘(27) provides that, not later than January this section shall be on a first-come, first- 1, 2009, the State shall develop and encourage in such field after the attorneys meet the reserved basis and subject to the availability quirements for loan forgiveness under this the implementation of practice standards for of appropriations. all attorneys representing the State or local section; ‘‘(3) PRIORITY.—The Secretary shall give agency administering the program under ‘‘(C) has increased the experience and the priority in providing loan repayment under quality of family law or domestic relations this part, including standards regarding the this section for a fiscal year to student bor- interaction of such attorneys with other at- attorneys; and rowers who received loan repayment under ‘‘(D) has contributed to better family out- torneys who practice before an abuse and ne- this section for the preceding fiscal year. glect court.’’. comes, as determined after consultation with ‘‘(c) LOAN REPAYMENT.— the Secretary of Health and Human Services SEC. 302. LOAN FORGIVENESS FOR ATTORNEYS WHO REPRESENT LOW-INCOME FAM- ‘‘(1) IN GENERAL.—For each eligible indi- and the Attorney General. ILIES OR INDIVIDUALS INVOLVED IN vidual selected for the demonstration pro- ‘‘(4) INTERIM AND FINAL EVALUATION RE- THE FAMILY OR DOMESTIC RELA- gram under subsection (b), the Secretary PORTS.—The Secretary shall prepare and sub- TIONS COURT SYSTEM. shall assume the obligation to repay— mit to the President and Congress such in- (a) PURPOSES.—The purposes of this section ‘‘(A) after the third consecutive year of terim reports regarding the evaluation de- are— employment described in subparagraph (B) of scribed in this section as the Secretary de- (1) to encourage attorneys to enter the subsection (b)(1), 20 percent of the total termines appropriate, and shall prepare and field of family law, juvenile law, or domestic amount of all eligible loans; submit a final report regarding the evalua- relations law; ‘‘(B) after the fourth consecutive year of tion by September 30, 2010. (2) to increase the number of attorneys such employment, 30 percent of the total ‘‘(g) REGULATIONS.—The Secretary is au- who will represent low-income families and amount of all eligible loans; and thorized to prescribe such regulations as

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may be necessary to carry out the provisions ‘‘(1) IN GENERAL.—For each eligible indi- ‘‘(B) whether the loan forgiveness program of this section. vidual selected for the demonstration pro- has contributed to increased time on the job ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— gram under subsection (c), the Secretary for child welfare workers as measured by— There are authorized to be appropriated to shall assume the obligation to repay— ‘‘(i) the length of time child welfare work- carry out this section $20,000,000 for fiscal ‘‘(A) after the third consecutive year of ers receiving loan forgiveness have worked year 2006, and such sums as are necessary for employment described in subsection (c)(1)(C), in the child welfare field; and each of the 4 succeeding fiscal years.’’. 20 percent of the total amount of all loans ‘‘(ii) the length of time such workers con- SEC. 303. LOAN FORGIVENESS TO SOCIAL WORK- made under this part or part D (excluding tinue to work in such field after the workers ERS WHO WORK FOR CHILD PRO- loans made under section 428B or 428C, or meet the requirements for loan forgiveness TECTIVE AGENCIES. comparable loans made under part D) for any under this section; and Part B of title IV of the Higher Education new borrower after the date of enactment of ‘‘(C) whether the loan forgiveness program Act of 1965 (20 U.S.C. 1071 et seq.) is amended this section; has increased the experience and quality of by inserting after section 428K (20 U.S.C. ‘‘(B) after the fourth consecutive year of child welfare workers and has contributed to 1078–11) the following: such employment, 30 percent of the total increased performance in the outcomes of ‘‘SEC. 428L. LOAN FORGIVENESS FOR CHILD WEL- amount of such loans; and child welfare services in terms of child well- FARE WORKERS. ‘‘(C) after the fifth consecutive year of being, permanency, and safety, as deter- ‘‘(a) PURPOSES.—The purposes of this sec- such employment, 50 percent of the total mined after consultation with the Secretary tion are— amount of such loans. of Health and Human Services. ‘‘(1) to bring more highly trained individ- ‘‘(2) CONSTRUCTION.—Nothing in this sec- ‘‘(4) INTERIM AND FINAL EVALUATION RE- uals into the child welfare profession; and tion shall be construed to authorize the re- PORTS.—The Secretary shall prepare and sub- ‘‘(2) to keep more highly trained child wel- funding of any repayment of a loan made mit to the President and Congress such in- fare workers in the child welfare field for under this part or part D. terim reports regarding the evaluation de- longer periods of time. ‘‘(3) INTEREST.—If a portion of a loan is re- scribed in this subsection as the Secretary ‘‘(b) DEFINITIONS.—In this section: paid by the Secretary under this section for determines appropriate, and shall prepare ‘‘(1) CHILD WELFARE SERVICES.—The term any year, the proportionate amount of inter- and so submit a final report regarding the ‘child welfare services’ has the meaning est on such loan which accrues for such year evaluation by September 30, 2010. given the term in section 425 of the Social shall be repaid by the Secretary. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— Security Act. ‘‘(4) SPECIAL RULE.—In the case of a stu- There are authorized to be appropriated to dent borrower not participating in loan re- ‘‘(2) CHILD WELFARE AGENCY.—The term carry out this section $20,000,000 for fiscal ‘child welfare agency’ means the State agen- payment pursuant to this section who re- year 2006, and such sums as may be necessary cy responsible for administering subpart 1 of turns to an institution of higher education for each of the 4 succeeding fiscal years.’’. after graduation from an institution of high- part B of title IV of the Social Security Act SEC. 304. REAUTHORIZATION OF COURT-AP- and any public or private agency under con- er education for the purpose of obtaining a POINTED SPECIAL ADVOCATE (CASA) degree described in subsection (c)(1)(A), the tract with the State agency to provide child PROGRAMS AND INCREASED FUND- Secretary may assume the obligation to welfare services. ING FOR EXPANSION IN RURAL AND repay the total amount of loans made under UNDERSERVED URBAN AREAS. ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— this part or part D incurred for returning to (a) IN GENERAL.—Section 218(a) of the Vic- The term ‘institution of higher education’ an institution of higher education for the tims of Child Abuse Act of 1990 (42 U.S.C. has the meaning given the term in section purpose of obtaining such a degree for a max- 13014(a)) is amended by striking ‘‘$12,000,000 101. imum of 2 academic years. Such loans shall for each of fiscal years 2001 through 2005’’ ‘‘(4) STATE.—The term ‘State’ has the only be repaid for borrowers who qualify for and inserting ‘‘$17,000,000 for each of fiscal meaning given the term in section 1101(a)(1) loan repayment pursuant to the provisions of years 2006 through 2010’’. of the Social Security Act for purposes of this section, and shall be repaid in accord- (b) GRANTS FOR EXPANSION IN RURAL AND title IV of such Act, and includes an Indian ance with the provisions of paragraph (1). UNDERSERVED URBAN AREAS.—Section tribe. ‘‘(5) INELIGIBILITY OF NATIONAL SERVICE 217(c)(3) of the Victims of Child Abuse Act of ‘‘(c) DEMONSTRATION PROGRAM.— AWARD RECIPIENTS.—No student borrower 1990 (42 U.S.C. 13013(c)(3)) is amended— ‘‘(1) IN GENERAL.—The Secretary may carry may, for the same service, receive a benefit (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and out a demonstration program of assuming under both this section and subtitle D of (2) by adding at the end the following: the obligation to repay, pursuant to subtitle I of the National and Community Serv- ‘‘(B) Of the amount appropriated for each section (d), a loan made, insured, or guaran- ice Act of 1990 (42 U.S.C. 12601 et seq.). of fiscal years 2006 through 2010 to carry out teed under this part or part D (excluding ‘‘(e) REPAYMENT TO ELIGIBLE LENDERS.— this subtitle, the Administrator shall use not loans made under sections 428B and 428C, or The Secretary shall pay to each eligible less than $5,000,000 of such amount to make comparable loans made under part D) for any lender or holder for each fiscal year an grants for the purpose of developing or ex- new borrower after the date of enactment of amount equal to the aggregate amount of panding court-appointed special advocate this section, who— loans that are subject to repayment pursu- programs in rural and underserved urban ‘‘(A) obtains a bachelor’s or master’s de- ant to this section for such year. areas.’’. gree in social work; ‘‘(f) APPLICATION FOR REPAYMENT.— TITLE IV—CLARIFICATION ON STATE ‘‘(B) obtains employment in public or pri- ‘‘(1) IN GENERAL.—Each eligible individual vate child welfare services; and desiring loan repayment under this section FLEXIBILITY FOR PUBLIC ACCESS TO ‘‘(C) has worked full time as a social work- shall submit a complete and accurate appli- COURTS er for 2 consecutive years preceding the year cation to the Secretary at such time, in such SEC. 401. CLARIFICATION ON STATE FLEXIBILITY for which the determination is made. manner, and containing such information as FOR PUBLIC ACCESS TO COURTS. ‘‘(2) AWARD BASIS; PRIORITY.— the Secretary may require. Section 471 of the Social Security Act (42 ‘‘(A) AWARD BASIS.—Subject to subpara- ‘‘(2) CONDITIONS.—An eligible individual U.S.C. 671) is amended— graph (B), loan repayment under this section may apply for loan repayment under this (1) in paragraph (8) of subsection (a), by in- shall be on a first-come, first-served basis section after completing each year of quali- serting ‘‘subject to subsection (c),’’ after and subject to the availability of appropria- fying employment. The borrower shall re- ‘‘(8)’’; and tions. ceive forbearance while engaged in quali- (2) by adding at the end the following: ‘‘(B) PRIORITY.—The Secretary shall give fying employment unless the borrower is in ‘‘(c) Nothing in paragraph (8) of subsection priority in providing loan repayment under deferment while so engaged. (a) shall be construed to limit the flexibility this section for a fiscal year to student bor- ‘‘(g) EVALUATION.— of a State to determine State policies relat- rowers who received loan repayment under ‘‘(1) IN GENERAL.—The Secretary shall con- ing to the public access to court proceedings this section for the preceding fiscal year. duct, by grant or contract, an independent to determine child abuse or neglect or other ‘‘(3) OUTREACH.—The Secretary shall post a national evaluation of the impact of the court hearings held pursuant to require- notice on a Department Internet Web site re- demonstration program assisted under this ments under this part or part B, except that garding the availability of loan repayment section on the field of child welfare services. such policies shall, at a minimum, ensure under this section, and shall notify institu- ‘‘(2) COMPETITIVE BASIS.—The grant or con- the safety and well-being of the child, par- tions of higher education regarding the tract described in paragraph (1) shall be ents, and family.’’. availability of loan repayment under this awarded on a competitive basis. TITLE V—COURT LEADERSHIP section. ‘‘(3) CONTENTS.—The evaluation described SEC. 501. SENSE OF THE SENATE REGARDING ‘‘(4) REGULATIONS.—The Secretary is au- in this subsection shall determine— STATE COURT LEADERSHIP. thorized to prescribe such regulations as ‘‘(A) whether the loan forgiveness program (a) SENSE OF THE SENATE.—It is the sense may be necessary to carry out the provisions has increased child welfare workers’ edu- of the Senate that the Chief Justice for each of this section. cation in the areas covered by loan forgive- State and other State court leadership ‘‘(d) LOAN REPAYMENT.— ness; should take the lead in providing for the

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20040 CONGRESSIONAL RECORD—SENATE September 12, 2005 health, safety, and permanency of children duct a study of a home environment for pur- completed a timely interstate home study before State abuse and neglect courts poses of assessing the appropriateness of during the fiscal year. through measures such as the following: placing a child in the home, the State shall, ‘‘(c) DATA REQUIREMENTS.— (1) Establishing an office on children be- directly or by contract— ‘‘(1) IN GENERAL.—A State is in compliance fore State abuse and neglect courts within ‘‘(I) conduct and complete the study; and with this subsection for a fiscal year if the the State administrative office of the courts. ‘‘(II) return to the other State a report on State has provided to the Secretary a writ- (2) Organizing State courts so that abuse the results of the study, which shall address ten report, covering the preceding fiscal and neglect cases are heard in dedicated the extent to which placement in the home year, that specifies— courts or departments, rather than in de- would meet the needs of the child; and ‘‘(A) the total number of interstate home partments with jurisdiction over multiple ‘‘(ii) in the case of a home study begun on studies requested by the State with respect issues, where feasible. or before September 30, 2007, if the State to children in foster care under the responsi- (3) Actively promoting— fails to comply with clause (i) within the 60- bility of the State and, with respect to each (A) resource, workload, and training stand- day period as a result of circumstances be- such study, the identity of the other State ards for abuse and neglect court judges, at- yond the control of the State (such as a fail- involved; and torneys, and other court personnel; ure by a Federal agency to provide the re- ‘‘(B) the total number of timely interstate (B) standards of practice for abuse and ne- sults of a background check, or the failure home studies completed by the State with glect court judges; and by any entity to provide completed medical respect to children in foster care under the (C) codes of judicial conduct that support forms, requested by the State at least 45 responsibility of other States and, with re- the practices of problem-solving courts such days before the end of the 60-day period), the spect to each such study, the identity of the as abuse and neglect courts. State shall have 75 days to comply with other State involved. (4) Establishing State court procedures clause (i) if the State documents the cir- ‘‘(2) VERIFICATION OF DATA.—In deter- that enable and encourage judges who have cumstances involved and certifies that com- mining the number of timely interstate demonstrated competence in proceedings be- pleting the home study is in the best inter- home studies to be attributed to a State fore State abuse and neglect courts to build ests of the child; except that under this section, the Secretary shall check careers on serving on such courts. ‘‘(iii) this subparagraph shall not be con- the data provided by the State under para- (b) DEFINITION OF ABUSE AND NEGLECT strued to require the State to have com- graph (1) against complementary data so COURT.—In this section, the term ‘‘abuse and pleted, within the applicable period, the provided by other States. neglect court’’ has the meaning given that parts of the home study involving the edu- ‘‘(d) TIMELY INTERSTATE HOME STUDY IN- term in section 475(8) of the Social Security cation and training of the prospective foster CENTIVE PAYMENTS.— Act (as added by section 101(d)). or adoptive parents; ‘‘(1) IN GENERAL.—The timely interstate TITLE VI—SAFE AND TIMELY INTERSTATE ‘‘(B) the State shall treat any report de- home study incentive payment payable to a PLACEMENT OF FOSTER CHILDREN scribed in subparagraph (A) that is received State for a fiscal year shall be $1,500 multi- SEC. 601. SENSE OF CONGRESS. from another State or an Indian tribe (or plied by the number of timely interstate home studies attributed to the State under (a) FINDING.—Congress finds that the Inter- from a private agency under contract with state Compact on the Placement of Children another State) as meeting any requirements this section during the fiscal year, subject to (ICPC) was drafted more than 40 years ago, is imposed by the State for the completion of a paragraph (2). outdated, and is a barrier to the timely home study before placing a child in the ‘‘(2) PRO RATA ADJUSTMENT IF INSUFFICIENT placement of children across State lines. home, unless, within 14 days after receipt of FUNDS AVAILABLE.—If the total amount of (b) SENSE OF CONGRESS.—It is the sense of the report, the State determines, based on timely interstate home study incentive pay- Congress that the States should expedi- grounds that are specific to the content of ments otherwise payable under this section tiously revise the ICPC to better serve the the report, that making a decision in reli- for a fiscal year exceeds the total of the interests of children and reduce unnecessary ance on the report would be contrary to the amounts made available pursuant to sub- work, and that the revision should include— welfare of the child; and section (h) for the fiscal year (reduced (but (1) limiting its applicability to children in ‘‘(C) the State shall not impose any re- not below zero) by the total of the amounts foster care under the responsibility of a striction on the ability of a State agency ad- (if any) payable under paragraph (3) of this State, except those seeking placement in a ministering, or supervising the administra- subsection with respect to the preceding fis- licensed residential facility primarily to action of, a State program operated under a cal year), the amount of each such otherwise cess clinical mental health services; and State plan approved under this part to con- payable incentive payment shall be reduced (2) providing for deadlines for the comple- tract with a private agency for the conduct by a percentage equal to— tion and approval of home studies as set of a home study described in subparagraph ‘‘(A) the total of the amounts so made forth in the amendments made by section (A).’’. available (as so reduced); divided by 603. (2) SENSE OF CONGRESS.—It is the sense of ‘‘(B) the total of such otherwise payable in- SEC. 602. ORDERLY AND TIMELY PROCESS FOR Congress that each State should— centive payments. INTERSTATE PLACEMENT OF CHIL- (A) use private agencies to conduct home ‘‘(3) APPROPRIATIONS AVAILABLE FOR UNPAID DREN. studies when doing so is necessary to meet INCENTIVE PAYMENTS FOR PRIOR FISCAL Section 471(a) of the Social Security Act the requirements of section 471(a)(27) of the YEARS.— (42 U.S.C. 671(a)), as amended by section 301, Social Security Act; and ‘‘(A) IN GENERAL.—If payments under this is amended— (B) give full faith and credit to any home section are reduced under paragraph (2) or (1) by striking ‘‘and’’ at the end of para- study report completed by any other State subparagraph (B) of this paragraph for a fis- graph (24); or an Indian tribe with respect to the place- cal year, then, before making any other pay- (2) by striking the period at the end of ment of a child in foster care or for adoption. ment under this section for the next fiscal paragraph (25) and inserting ‘‘; and’’; and (b) TIMELY INTERSTATE HOME STUDY INCEN- year, the Secretary shall pay each State (3) by adding at the end the following: TIVE PAYMENTS.—Part E of title IV of the So- whose payment was so reduced an amount ‘‘(26) provide that the State shall have in cial Security Act (42 U.S.C. 670–679b) is equal to the total amount of the reductions effect procedures for the orderly and timely amended by inserting after section 473A the which applied to the State, subject to sub- interstate placement of children, and proce- following: paragraph (B) of this paragraph. dures implemented in accordance with an ‘‘SEC. 473B. TIMELY INTERSTATE HOME STUDY ‘‘(B) PRO RATA ADJUSTMENT IF INSUFFICIENT interstate compact approved by the Sec- INCENTIVE PAYMENTS. FUNDS AVAILABLE.—If the total amount of retary, if incorporating with the procedures ‘‘(a) GRANT AUTHORITY.—The Secretary payments otherwise payable under subpara- prescribed by paragraph (27), shall be consid- shall make a grant to each State that is a graph (A) of this paragraph for a fiscal year ered to satisfy the requirement of this para- home study incentive-eligible State for a fis- exceeds the total of the amounts made avail- graph.’’. cal year in an amount equal to the timely able pursuant to subsection (h) for the fiscal SEC. 603. HOME STUDIES. interstate home study incentive payment year, the amount of each such payment shall (a) ORDERLY PROCESS.— payable to the State under this section for be reduced by a percentage equal to— (1) IN GENERAL.—Section 471(a) of the So- the fiscal year, which shall be payable in the ‘‘(i) the total of the amounts so made cial Security Act (42 U.S.C. 671(a)), as immediately succeeding fiscal year. available; divided by amended by section 602, is amended— ‘‘(b) HOME STUDY INCENTIVE-ELIGIBLE ‘‘(ii) the total of such otherwise payable (A) by striking ‘‘and’’ at the end of para- STATE.—A State is a home study incentive- payments. graph (25); eligible State for a fiscal year if— ‘‘(e) TWO-YEAR AVAILABILITY OF INCENTIVE (B) by striking the period at the end of ‘‘(1) the State has a plan approved under PAYMENTS.—Payments to a State under this paragraph (26) and inserting ‘‘; and’’; and this part for the fiscal year; section in a fiscal year shall remain avail- (C) by adding at the end the following: ‘‘(2) the State is in compliance with sub- able for use by the State through the end of ‘‘(27) provides that— section (c) for the fiscal year; and the next fiscal year. ‘‘(A)(i) within 60 days after the State re- ‘‘(3) based on data submitted and verified ‘‘(f) LIMITATIONS ON USE OF INCENTIVE PAY- ceives from another State a request to con- pursuant to subsection (c), the State has MENTS.—A State shall not expend an amount

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 12, 2005 CONGRESSIONAL RECORD—SENATE 20041 paid to the State under this section except ment would conflict with a requirement of foster care if the child is leaving foster care to provide to children or families any service State’s constitution; and’’; by reason of having attained the age of ma- (including post-adoption services) that may (2) by striking subparagraph (B) and insert- jority under State law’’ before the semi- be provided under part B or E. Amounts ex- ing the following: colon. pended by a State in accordance with the ‘‘(B) provides that the State shall— SEC. 608. RIGHT TO BE HEARD IN FOSTER CARE preceding sentence shall be disregarded in ‘‘(i) check any child abuse and neglect reg- PROCEEDINGS. determining State expenditures for purposes istry maintained by the State for informa- (a) IN GENERAL.—Section 475(5)(G) of the of Federal matching payments under section on any prospective foster or adoptive Social Security Act (42 U.S.C. 675(5)(G)) is tions 423, 434, and 474. parent and on any other adult living in the amended— ‘‘(g) DEFINITIONS.—In this section: home of such a prospective parent, and re- (1) by striking ‘‘an opportunity’’ and in- ‘‘(1) HOME STUDY.—The term ‘home study’ quest any other State in which any such pro- serting ‘‘a right’’; means a study of a home environment, con- spective parent or other adult has resided in (2) by striking ‘‘and opportunity’’ and in- ducted in accordance with applicable re- the preceding 5 years, to enable the State to serting ‘‘and right’’; and quirements of the State in which the home is check any child abuse and neglect registry (3) by striking ‘‘review or hearing’’ each located, for the purpose of assessing whether maintained by such other State for such in- place it appears and inserting ‘‘proceeding’’. placement of a child in the home would be formation, before the prospective foster or (b) NOTICE OF PROCEEDING.—Section 438(b) appropriate for the child. adoptive parent may be finally approved for of such Act (42 U.S.C. 638(b)) is amended by ‘‘(2) INTERSTATE HOME STUDY.—The term placement of a child, regardless of whether inserting ‘‘shall have in effect a rule requir- ‘interstate home study’ means a home study foster care maintenance payments or adop- ing State courts to ensure that foster par- conducted by a State at the request of an- tion assistance payments are to be made on ents, preadoptive parents, and relative care- other State, to facilitate an adoptive or rel- behalf of the child under the State plan givers of a child in foster care under the re- ative placement in the State. under this part; sponsibility of the State are notified of any ‘‘(3) TIMELY INTERSTATE HOME STUDY.—The ‘‘(ii) comply with any request described in proceeding to be held with respect to the term ‘timely interstate home study’ means clause (i) that is received from another child, and’’ after ‘‘highest State court’’. an interstate home study completed by a State; SEC. 609. COURT IMPROVEMENT. State if the State provides to the State that ‘‘(iii) have in place safeguards to prevent Section 438(a)(1) of the Social Security Act requested the study, within 30 days after re- the unauthorized disclosure of information (42 U.S.C. 629h(a)(1)) is amended— ceipt of the request, a report on the results in any child abuse and neglect registry main- (1) by striking ‘‘and’’ at the end of subpara- of the study. The preceding sentence shall tained by the State, and to prevent any such graph (C); and not be construed to require the State to have information obtained pursuant to this sub- (2) by adding at the end the following: completed, within the 30-day period, the paragraph from being used for a purpose ‘‘(E) that determine the best strategy to parts of the home study involving the edu- other than the conducting of background use to expedite the interstate placement of cation and training of the prospective foster checks in foster or adoptive placement cases; children, including— or adoptive parents. and ‘‘(i) requiring courts in different States to ‘‘(h) LIMITATIONS ON AUTHORIZATION OF AP- ‘‘(iv) not deny a placement on the basis of cooperate in the sharing of information; PROPRIATIONS.— information determined as a result of a ‘‘(ii) authorizing courts to obtain informa- ‘‘(1) IN GENERAL.—For payments under this check conducted in accordance with clause tion and testimony from agencies and par- section, there are authorized to be appro- (i) or (ii) if denying a placement on such ties in other States without requiring inter- priated to the Secretary, $10,000,000 for each basis would conflict with a requirement of a state travel by the agencies and parties; and of fiscal years 2006 through 2009.— State’s constitution;’’. ‘‘(iii) permitting the participation of par- ‘‘(2) AVAILABILITY.—Amounts appropriated SEC. 605. COURTS ALLOWED ACCESS TO THE FED- ents, children, other necessary parties, and under paragraph (1) are authorized to remain ERAL PARENT LOCATOR SERVICE attorneys in cases involving interstate place- available until expended.’’. TO LOCATE PARENTS IN FOSTER ment without requiring their interstate (c) REPEALER.—Effective October 1, 2009, CARE OR ADOPTIVE PLACEMENT travel; and’’. CASES. section 473B of the Social Security Act is re- SEC. 610. REASONABLE EFFORTS. pealed. Section 453(c) of the Social Security Act (a) IN GENERAL.—Section 471(a)(15)(C) of SEC. 604. REQUIREMENT TO COMPLETE BACK- (42 U.S.C. 653(c)) is amended— the Social Security Act (42 U.S.C. GROUND CHECKS BEFORE AP- (1) by striking ‘‘and’’ at the end of para- 671(a)(15)(C)) is amended by inserting ‘‘(in- PROVAL OF ANY FOSTER OR ADOP- graph (3); TIVE PLACEMENT AND TO CHECK cluding, if appropriate, through an interstate (2) by striking the period and inserting ‘‘; placement)’’ after ‘‘accordance with the per- CHILD ABUSE REGISTRIES; GRAND- and’’; and FATHER OF OPT-OUT ELECTION; manency plan’’. LIMITED NONAPPLICATION. (3) by adding at the end the following: (b) PERMANENCY HEARING.—Section Section 471(a)(20) of the Social Security ‘‘(5) any court which has authority with re- 471(a)(15)(E)(i) of such Act (42 U.S.C. Act (42 U.S.C. 671(a)(20)) is amended— spect to the placement of a child in foster 671(a)(15)(E)(i)) is amended by inserting ‘‘, (1) in subparagraph (A)— care or for adoption, but only for the purpose which considers in-State and out-of-State (A) in the matter preceding clause (i)— of locating a parent of the child.’’. permanent placement options for the child,’’ (i) by striking ‘‘unless an election provided SEC. 606. CASEWORKER VISITS. before ‘‘shall’’. for in subparagraph (B) is made with respect (a) PURCHASE OF SERVICES IN INTERSTATE (c) CONCURRENT PLANNING.—Section to the State’’ and inserting ‘‘except as pro- PLACEMENT CASES.—Section 475(5)(A)(ii) of 471(a)(15)(F) of such Act (42 U.S.C. vided in clause (iii)’’; the Social Security Act (42 U.S.C. 671(a)(15)(F)) is amended by inserting ‘‘, in- (ii) by striking ‘‘on whose behalf foster 675(5)(A)(ii)) is amended by striking ‘‘or of cluding identifying appropriate out-of-State care maintenance payments or adoption as- the State in which the child has been relatives and placements’’ before ‘‘may’’. sistance payments are to be made’’ and in- placed’’ and inserting ‘‘of the State in which SEC. 611. CASE PLANS. serting ‘‘regardless of whether foster care the child has been placed, or of a private Section 475(1)(E) of the Social Security Act maintenance payments or adoption assist- agency under contract with either such (42 U.S.C. 675(1)(E)) is amended by inserting ance payments are to be made on behalf of State’’. ‘‘to facilitate orderly and timely in-State the child’’; (b) INCREASED VISITS.—Section 475(5)(A)(ii) and interstate placements’’ before the pe- (B) in each of clauses (i) and (ii), by insert- of such Act (42 U.S.C. 675(5)(A)(ii)) is amend- riod. ing ‘‘involving a child on whose behalf such ed by striking ‘‘12’’ and inserting ‘‘6’’. SEC. 612. CASE REVIEW SYSTEM. payments are to be so made’’ after ‘‘in any SEC. 607. HEALTH AND EDUCATION RECORDS. Section 475(5)(C) of the Social Security Act case’’; and Section 475 of the Social Security Act (42 (42 U.S.C. 675(5)(C)) is amended— (C) by striking ‘‘and’’ at the end of clause U.S.C. 675) is amended— (1) by inserting ‘‘, in the case of a child (ii); and (1) in paragraph (1)(C)— who will not be returned to the parent, the (D) by adding at the end the following: (A) by striking ‘‘To the extent available hearing shall consider in-State and out-of- ‘‘(iii) clauses (i) and (ii) shall not apply to and accessible, the’’ and inserting ‘‘The’’; State placement options,’’ after ‘‘living ar- the State if— and rangement’’; and ‘‘(I) the State elected on or before Sep- (B) by inserting ‘‘the most recent informa- (2) by inserting ‘‘the hearing shall deter- tember 30, 2005, to make this subparagraph tion available regarding’’ after ‘‘including’’; mine’’ before ‘‘whether the’’. (as in effect on or before such date) inappli- and SEC. 613. USE OF INTERJURISDICTIONAL RE- cable to the State; or (2) in paragraph (5)(D)— SOURCES. ‘‘(II) a record check conducted in accord- (A) by inserting ‘‘a copy of the record is’’ Section 422(b)(12) of the Social Security ance with clause (i) or (ii) which reveals a before ‘‘supplied’’; and Act (42 U.S.C. 622(b)(12)) is amended— felony conviction or crime described in such (B) by inserting ‘‘, and is supplied to the (1) by striking ‘‘develop plans for the’’ and clause and is the basis for denying a place- child at no cost at the time the child leaves inserting ‘‘make’’;

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20042 CONGRESSIONAL RECORD—SENATE September 12, 2005 (2) by inserting ‘‘(including through con- former Congressman Bill Frenzel and en anti-terrorism and law enforcement tracts for the purchase of services)’’ after co-chaired by former Congressman Bill tools right here at home have much to ‘‘resources’’; and Gray. It includes a wide range of lead- do with this record of success and (3) by inserting ‘‘, and shall eliminate legal ers and experts. The commission did a peace in our homeland to date. barriers,’’ before ‘‘to facilitate’’. careful review of the role of the courts The war on terrorism must be fought TITLE VII—EFFECTIVE DATE in serving children in foster care, and aggressively—but consistent with the SEC. 701. EFFECTIVE DATE. it issued a series of recommendations. protection of civil rights and civil lib- (a) IN GENERAL.—Except as otherwise pro- erties. Whenever real civil liberties vided in this section, the amendments made We are grateful for this report and re- by this Act shall take effect on October 1, lied on many of their recommendations problems do arise, we must learn about 2005, and shall apply to payments under parts in crafting this legislation. As always, them right away, so that we can fix B and E of title IV of the Social Security Act we hope to forge bipartisan consensus them swiftly. for calendar quarters beginning on or after on ways to move this bill forward. Last year, Federal judge struck down such date, without regard to whether regula- The legislation also includes a provi- a portion of the Electronic Commu- tions to implement the amendments are pro- sion to promote inter-state adoptions. nications Privacy Act of 1986. This law mulgated by such date. With modern technology, caring fami- balanced the national interest in pro- (b) DELAY PERMITTED IF STATE LEGISLA- lies from one State may learn of a tecting electronic communications pri- TION REQUIRED.—If the Secretary of Health and Human Services determines that State child in a foster care system in another vacy against the legitimate needs of legislation (other than legislation appro- State who is seeking adoption. When national security, by establishing a priating funds) is required in order for a this happens, we need to be careful and procedure for obtaining electronic State plan under part B or E of title IV of thorough in accessing information to communications records in certain na- the Social Security Act to meet the addi- ensure the right placement. But we tional security investigations through tional requirements imposed by the amend- also must be sure that bureaucratic pa- the use of so-called ‘‘national security ments made by a provision of this Act, the perwork does not unnecessarily delay letters.’’ The USA PATRIOT Act plan shall not be regarded as failing to meet amended the law to make clear that any of the additional requirements before an adoption. the 1st day of the 1st calendar quarter begin- In West Virginia, there are about 80 such letters could be issued in ter- ning after the 1st regular session of the children in our State foster care sys- rorism investigations as well. State legislature that begins after the date tem ready for adoption; nationwide This provision was passed by the Sen- of enactment of this Act. If the State has a 118,000 children are in foster care and ate on a voice vote, and shortly there- 2-year legislative session, each year of the waiting for a safe permanent home. after it passed the House by unanimous session is deemed to be a separate regular The wake of Hurricane Katrina and the consent. session of the State legislature. Meth Epidemic in regions of our coun- The primary reason the court struck Mr. ROCKEFELLER. Mr. President, I try, tragically could make these num- down this provision was that the right am proud to join my friend and col- bers increase. We must improve our to judicial review was not expressly league, Senator MIKE DEWINE in intro- system to do the best we can for these written into the text of the law. It is ducing new legislation to promote bet- vulnerable children. Passing the WE important to note that the ability to ter cooperation and collaboration be- CARE, Kids Act could be an important scrutinize the issuance of national se- tween the courts and State agencies step forward. curity letters was not actually dis- serving abused and neglected children. puted by the government. To the con- Our bill also seeks to improve the proc- By Mr. CORNYN: trary, the Justice Department agreed ess for children to be adopted between S. 1680. A bill to reform the issuance that there should be judicial review. two States, and gain a safe, permanent of national security letters; to the The court simply concluded that the home that is one of the priorities es- Committee on the Judiciary. 1986 law was not drafted with sufficient tablished in the 1997 Adoption and Safe Mr. CORNYN. Mr. President, it has clarity to authorize such review. Families Act. Our bill is named Work- been nearly 4 years since the terrorist I have previously introduced legisla- ing to Enhance Courts for At-Risk and attacks of September 11, 2001. In the tion to remedy the defects noted by the Endangered Kids Act of 2005, WE days, weeks, and months since that District Judge. That legislation CARE, Kids. day, the American people have braced amended the Electronic Communica- Senator DEWINE and I have worked themselves for the possibility of an- tions Privacy Act to make explicit the for years in bipartisan coalition to im- other terrorist attack on our home- availability of judicial review to exam- prove services and policies for our most land. After all, we know all too well ine national security letters. However, vulnerable children, nearly 500,000 chil- that al Qaeda is a stealthy, sophisti- national security letters are also avail- dren who are in the foster care system. cated, and patient enemy, and that its able outside the Title 18 context. For These children deserve our attention leadership is extremely motivated to instance, Title 15 allows the govern- and our compassion. Through no fault launch another devastating attack on ment to obtain consumer information of their own, such children are placed American citizens and American soil. maintained by consumer reporting in foster care for their safety. They In fact, outside the United States, al agencies; Title 12 allows the govern- need to be safe, but they also need Qaeda and affiliates of al Qaeda have ment to obtain the financial records prompt and good decisions made for continued to be remarkably active, re- maintained by financial institutions; their long-term future and stability. sponsible for numerous terrorist at- and Title 50 allows the government to Whenever possible, we should invest to tacks over the last few years, spanning obtain records about persons with ac- help restore the family and reunite the the globe from Pakistan to Bali to cess to classified information who may children with their families if we know Spain to London. have disclosed classified information to that they will be safe. In some cases, It is precisely because al Qaeda is so a foreign power. legal guardianship or adoption are the aggressive, so motivated, and so de- It is important to make sure that the best options for the child. It is essen- monstrably hostile to America that I right to judicial review is statutorily tial to make good decisions in a timely am so grateful that, to date, al Qaeda available in all national security letter manner for such children. The social still has not successfully launched an- contexts. The bill I am introducing services agencies and the courts truly other terrorist attack on our soil. today expressly authorizes a recipient must work together on such cases. There are undoubtedly many reasons to challenge any national security let- Recently the bipartisan Pew Com- for this. First and foremost, I am pro- ter in court. It also: details the proce- mission on Children in Foster Care foundly thankful to the brave men and dure the government must follow to issued a thoughtful report with rec- women of our Armed Forces, who fight substantiate its use of a national secu- ommendations on how to strengthen the terrorists abroad so that we do not rity letter; allows the government to the courts serving children in foster have to face them at home. I also firm- present classified information to the care. The Commission was led by ly believe that our efforts to strength- court so that it can properly evaluate

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the challenge; and specifies that a re- CORZINE, FEINGOLD, BINGAMAN and KEN- lated agencies for the fiscal year end- cipient of a national security letter NEDY, requires the Secretary of the De- ing September 30, 2006, and for other may consult with legal counsel about partment of Homeland Security to purposes; which was ordered to lie on its obligations. mandate each State to include plans the table; as follows: I hope that this legislation will be for the evacuation of individuals with On page 190, between lines 14 and 15, insert enacted in the same bipartisan spirit special needs during times of emer- the following: that put both the Electronic Commu- gency. Such plans should not only in- Sec. 522. (a) There are appropriated out of nications Privacy Act and the USA PA- clude an explanation of how these peo- any money in the Treasury not otherwise ap- TRIOT Act on the books. propriated for the fiscal year ending Sep- ple—low income individuals and fami- tember 30, 2006, $5,000,000,000 for interoper- lies, the elderly, the disabled, those able communications equipment grants By Mr. OBAMA (for himself, Mr. who cannot speak English—will be under State and local programs administered BAYH, Mr. HARKIN, Mr. LEVIN, evacuated out of the emergency area by the Office of State and Local Government Mr. CORZINE, Mr. FEINGOLD, Mr. and how the states will provide shelter, Coordination and Preparedness of the De- BINGAMAN, Mr. KENNEDY, Mrs. food, and water, to these people once partment of Homeland Security. MURRAY, and Mr. SALAZAR): evacuated. (b) The amount under subsection (a) is des- S. 1685. A bill to ensure the evacu- Communities with special needs may ignated as an emergency requirement pursu- ation of individuals with special needs ant to section 402 of H. Con. Res. 95 (109th be more challenging to accommodate, Congress). in times of emergency; to the Com- but they are every bit as important to mittee on Homeland Security and Gov- protect and serve in the event of an SA 1688. Ms. STABENOW (for herself, ernmental Affairs. emergency. Mr. VITTER, Mr. MCCAIN, Mr. DORGAN, Mr. OBAMA. Mr. President, one of What we saw in the Gulf Coast can- Mr. DURBIN, Mr. LEVIN, and Mr. SCHU- the most striking things about the dev- not be repeated. We may not be able to MER) submitted an amendment in- astation caused by Hurricane Katrina control the wrath of Mother Nature, tended to be proposed by her to the bill is that the majority of stranded vic- but we can control how we prepare for H.R. 2862, making appropriations for tims were our society’s most vulner- natural disasters. Science, the Departments of State, able members—low-income families, I hope my colleagues will join me in Justice, and Commerce, and related the elderly, the homeless, the disabled. supporting this legislation. agencies for the fiscal year ending Sep- Many did not own cars. Many believed f tember 30, 2006, and for other purposes; themselves unable to flee the city, un- which was ordered to lie on the table; able to forego the income from missed AMENDMENTS SUBMITTED AND as follows: PROPOSED work, unable to incur the expenses of At the appropriate place, insert the fol- travel, food and lodging. Some may SA 1687. Ms. STABENOW (for herself and lowing: have misunderstood the severity of the Mr. CORZINE) submitted an amendment in- SEC. ll. None of the funds made available warnings, if they heard the warnings at tended to be proposed by her to the bill H.R. in this Act may be used to include in any bi- all. Some may have needed help that 2862, making appropriations for Science, the lateral or multilateral trade agreement the was unavailable. Whatever the reason, Departments of State, Justice, and Com- text of— they were not evacuated and we have merce, and related agencies for the fiscal (1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement; seen the horrific results. year ending September 30, 2006, and for other purposes; which was ordered to lie on the (2) paragraph 4 of article 17.9 of the United This failure to evacuate so many of table. States-Australia Free Trade Agreement; or the most desperate citizens of the Gulf SA 1688. Ms. STABENOW (for herself, Mr. (3) paragraph 4 of article 15.9 of the United Coast leads me to introduce today a VITTER, Mr. MCCAIN, Mr. DORGAN, Mr. DUR- States-Morocco Free Trade Agreement. bill to require states and the nation to BIN, Mr. LEVIN, and Mr. SCHUMER) submitted consider the needs of our neediest citi- an amendment intended to be proposed by SA 1689. Mr. NELSON of Florida sub- zens in times of emergency. her to the bill H.R. 2862, supra; which was or- mitted an amendment intended to be It appears that certain assumptions dered to lie on the table. proposed by him to the bill H.R. 2862, were made in planning and preparing SA 1689. Mr. NELSON of Florida submitted making appropriations for Science, the an amendment intended to be proposed by for the worst case scenario in the Gulf Departments of State, Justice, and him to the bill H.R. 2862, supra; which was Commerce, and related agencies for the Coast. After all, most of those who ordered to lie on the table. could afford to evacuate managed to do SA 1690. Mr. NELSON of Florida submitted fiscal year ending September 30, 2006, so. They drove out of town and checked an amendment intended to be proposed by and for other purposes; which was or- into hotels or stayed with friends and him to the bill H.R. 2862, supra; which was dered to lie on the table; as follows: family. But what about the thousands ordered to lie on the table. On page 158, line 10, after ‘‘Service,’’ insert of people left behind because they had SA 1691. Mr. NELSON of Florida submitted ‘‘$1,000,000 shall be for the costs of the pre- special needs? an amendment intended to be proposed by design, schematic, and design development him to the bill H.R. 2862, supra; which was phases of a shared-use facility for the Uni- How many of us will forget the trag- ordered to lie on the table. versity of Miami and the National Oceanic edy that occurred at St. Rita’s Nursing SA 1692. Ms. CANTWELL submitted an and Atmospheric Administration to be lo- Home in St. Bernard Parish, LA, where amendment intended to be proposed by her cated in Virginia Key, and’’: an estimated 32 of the 60 residents per- to the bill H.R. 2862, supra; which was or- ished in the rising floodwaters in the dered to lie on the table. SA 1690. Mr. NELSON of Florida sub- aftermath of Hurricane Katrina? SA 1693. Mr. WYDEN submitted an amend- mitted an amendment intended to be Our charge as public servants is to ment intended to be proposed by him to the proposed by him to the bill H.R. 2862, worry about all of the people. I am bill H.R. 2862, supra; which was ordered to lie making appropriations for Science, the on the table. troubled that our emergency response Departments of State, Justice, and SA 1694. Mr. LEAHY submitted an amend- Commerce, and related agencies for the and disaster plans were inadequate for ment intended to be proposed by him to the large segments of the Gulf Coast popu- bill H.R. 2862, supra; which was ordered to lie fiscal year ending September 30, 2006, lation. I wonder whether the plans in on the table. and for other purposes; which was ordered to lie on the table; as follows: other regions are adequate. Perfect f evacuation planning is obviously im- On page 158, line 10, after ‘‘Service,’’ insert practical, but greater advance prepara- TEXT OF AMENDMENTS ‘‘$2,000,000 shall be for National Oceanic and tion can ensure that the most vulner- SA 1687. Ms. STABENOW (for herself Atmospheric Administration for advanced remote sensing programs at the Center for able are not simply forgotten or ig- and Mr. CORZINE) submitted an amend- Southeastern Tropical Advanced Remote nored. ment intended to be proposed by her to Sensing, and’’: That’s why the bill I am introducing the bill H.R. 2862, making appropria- today, along with co-sponsors Senators tions for Science, the Departments of SA 1691. Mr. NELSON of Florida sub- BAYH, MURRAY, HARKIN, LEVIN, State, Justice, and Commerce, and re- mitted an amendment intended to be

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20044 CONGRESSIONAL RECORD—SENATE September 12, 2005 proposed by him to the bill H.R. 2862, including the area or discipline and year of a legislative fellow in my office, be making appropriations for Science, the the degree, and, for an investigator or co-in- granted the privilege of the floor for Departments of State, Justice, and vestigator in postsecondary education, type the remainder of debate on S.J. Res. 20. Commerce, and related agencies for the of academic appointment; and The PRESIDING OFFICER. Without (2) the amount requested in and the fiscal year ending September 30, 2006, amount awarded for each application or pro- objection, it is so ordered. and for other purposes; which was or- posal. f dered to lie on the table; as follows: (c) In this section: MEASURES READ THE FIRST TIME On page 170, between lines 9 and 10, insert (1) The term ‘‘investigator’’ means the in- the following: dividual associated with an educational in- EN BLOC—S. 1681, S. 1682, S. 1683, SEC. 304. None of the funds made available stitution who submits an application or pro- S. 1684, AND S. 1688 by this Act may be used to undermine or posal, on behalf of the institution, for Fed- Mr. FRIST. Mr. President, I under- otherwise limit the ability of the National eral financial assistance from the National stand there are five bills at the desk, Aeronautics and Space Administration or Oceanic and Atmospheric Administration to and I ask for their first reading en bloc. continue— the National Science Foundation. (1) to make available forecasts and warn- (2) The term ‘‘co-investigator’’ means an The PRESIDING OFFICER. The ings of the National Weather Service, in a individual who is listed on an application or clerk will report. timely, open, and unrestricted manner using proposal for Federal financial assistance The legislative clerk read as follows: widely accepted information standards, in- from the National Aeronautics and Space A bill (S. 1681) to provide for reimburse- cluding the Internet; or Administration or the National Science ment of communities for purchases of sup- (2) to cooperate closely with public safety Foundation as an individual who will col- plies distributed to Katrina Survivors. agencies and other entities, including pri- laborate on the program or activity de- A bill (S. 1682) to provide for reimburse- vate sector entities and the media, to scribed in the application or proposal but ment for business revenue lost as a result of achieve the widest possible understanding of who is not the investigator for such applica- the facility being used as emergency shelter information critical to the protection of life tion or proposal. for Katrina Survivors. and property and the enhancement of the A bill (S. 1683) to provide relief for students economy of the United States. SA 1694. Mr. LEAHY submitted an affected by Hurricane Katrina. amendment intended to be proposed by A bill (S. 1684) to clarify which expenses re- SA 1692. Ms. CANTWELL submitted him to the bill H.R. 2862, making ap- lating to emergency shelters for Katrina an amendment intended to be proposed propriations for Science, the Depart- Survivors are eligible for Federal reimburse- by her to the bill H.R. 2862, making ap- ments of State, Justice, and Com- ment. propriations for Science, the Depart- merce, and related agencies for the fis- A bill (S. 1688) to provide for 100 percent ments of State, Justice, and Com- cal year ending September 30, 2006, and Federal financial assistance under the Med- merce, and related agencies for the fis- icaid and State children’s health insurance for other purposes; which was ordered programs for States providing medical or cal year ending September 30, 2006, and to lie on the table; as follows: child health assistance to survivors of Hurri- for other purposes; which was ordered On page 142, after line 3, insert the fol- cane Katrina, to provide for an accommoda- to lie on the table; as follows: lowing: tion of the special needs of such survivors On page 127, line 17, strike ‘‘$4,889,649,000’’ SEC. ll. The Attorney General shall under the Medicare program, and for other and insert ‘‘$4,870,349,000’’. waive the matching requirement for the pur- purposes. On page 165, line 24, strike ‘‘$4,345,213,000’’ chase of bulletproof vests through the Bul- Mr. FRIST. Mr. President, I now ask and insert ‘‘$4,364,513,000’’. letproof Vest Partnership Grant Act of 1998 On page 166, strike lines 2 and 3 and insert for any law enforcement agency that pur- for a second reading and, in order to ‘‘$67,300,000 shall be transferred from the Na- chased defective Zylon-based body armor place the bills on the calendar under tional Science Foundation to the U.S. Coast with Federal funds pursuant to such Act be- the provisions of rule XIV, I object to Guard for operation and maintenance of the tween October 1, 1998, and September 30, 2005, my own requests en bloc. three polar icebreakers of the U.S. Coast and seeks to replace that Zylon-based body The PRESIDING OFFICER. Objec- Guard or in’’. armor, provided that the law enforcement tion is heard. The bills will have their agency can present documentation to prove second reading on the next legislative SA 1693. Mr. WYDEN submitted an the purchase of Zylon-based body armor with day. amendment intended to be proposed by funds awarded to it under such Act. f him to the bill H.R. 2862, making ap- f propriations for Science, the Depart- AUTHORITY FOR COMMITTEES TO NATIONAL FLOOD INSURANCE EN- ments of State, Justice, and Com- MEET HANCED BORROWING AUTHORITY merce, and related agencies for the fis- ACT OF 2005 COMMITTEE ON THE JUDICIARY cal year ending September 30, 2006, and Mr. FRIST. Mr. President, I ask for other purposes; which was ordered Mr. COBURN. Mr. President, I ask unanimous consent that the Com- unanimous consent that the Senate to lie on the table; as follows: proceed to the immediate consider- On page 170, between lines 9 and 10, insert mittee on the Judiciary be authorized to meet to conduct a hearing on the ation of H.R. 3669, which was received the following: from the House. SEC. 304. (a) The Administrator of the Na- nomination of John G. Roberts to be tional Aeronautics and Space Administra- Chief Justice of the United States on The PRESIDING OFFICER. The tion and the Director of the National Science Monday, September 12, 2005 at 12 p.m. clerk will report the bill by title. Foundation shall each establish a database in the Russell Senate Office Building, The legislation clerk read as follows: system to assess the effectiveness of the Room 325. A bill (H.R. 3669) to temporarily increase measures taken by the National Aeronautics the borrowing authority of the Federal and Space Administration or the National Witness List Emergency Management Agency for car- Science Foundation, respectively, to mon- Panel I: The Honorable Richard G. rying out the national flood insurance pro- itor and effectuate the compliance of edu- gram. cational institutions receiving Federal fi- Lugar, U.S. Senator [R–IN]; the Honor- nancial assistance from the National Aero- able John Warner, U.S. Senator [R– There being no objection, the Senate nautics and Space Administration or the Na- VA]; the Honorable Evan Bayh, United proceeded to consider the bill. tional Science Foundation, respectively, States Senator [D–IN]. Mr. FRIST. Mr. President, I ask with title IX of the Education Amendments Panel II: The Honorable John G. Rob- unanimous consent that the bill be of 1972. erts. read a third time and passed, the mo- (b) The information collected and stored by The PRESIDING OFFICER. Without tion to reconsider be laid upon the a database system described in subsection (a) table, and that any statements relating shall include— objection it is so ordered. to the bill be printed in the RECORD. (1) the key characteristics of each investi- f The PRESIDING OFFICER. Without gator and co-investigator for an application PRIVILEGE OF THE FLOOR or proposal for Federal financial assistance, objection, it is so ordered. including sex, race and ethnicity, institution Mr. LEAHY. Mr. President, I ask The bill (H.R. 3669) was read the third of higher education attended, degree earned, unanimous consent that Sally Hamlin, time, and passed.

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 12, 2005 CONGRESSIONAL RECORD—SENATE 20045 Mr. FRIST. Mr. President, this Na- ORDERS FOR TUESDAY, PROGRAM tional Flood Insurance Enhanced Bor- SEPTEMBER 13, 2005 Mr. FRIST. Mr. President, under the rowing Authority Act of 2005 is another order just entered, our next vote will example of the bills we are bringing to Mr. FRIST. Mr. President, I ask unanimous consent that when the Sen- be at 12:30 tomorrow on the pending the Senate floor and working on in a disapproval resolution. Prior to that bipartisan way because we are address- ate completes its business today, it ad- journ until 9:45 a.m. on Tuesday, Sep- vote, we will resume consideration of ing quickly, responsively, and aggres- the Commerce-Justice-Science appro- sively the natural disaster hurricane tember 13. I further ask unanimous consent that following the prayer and priations bill. We will be working in and its aftermath. There have been sev- the morning with the two managers to eral of these bills over the last week, pledge, the morning hour be deemed expired, the Journal of proceedings be begin to see how many amendments re- and we will continue to address them main and which of the pending amend- approved to date, the time for the two as they are presented to us and as they ments are ready for votes. Again, I en- leaders be reserved, and the Senate come forward—again, working together courage Members to contact the chair- proceed to a period of morning business in a bipartisan way. man and ranking member and alert for up to 60 minutes with the first 30 them if they intend to offer an amend- minutes under the control of the ma- f ment from that list. jority leader or his designee and the Tomorrow, we hope to make good final 30 minutes under the control of APPOINTMENTS progress on the bill as we move toward the minority leader or his designee; final passage. We will alert Senators as The PRESIDING OFFICER. The provided that following morning busi- we stack additional votes throughout Chair, on behalf of the Vice President, ness, the Senate proceed to the consid- the afternoon. I also ask my colleagues pursuant to 22 U.S.C. 276–276g, as eration of H.R. 2862, the Commerce- for their additional consideration dur- amended, appoints the following Sen- Justice-Science appropriations bill. ing rollcall votes. We will try to pro- ators as members of the Senate Delega- The PRESIDING OFFICER. Without vide some continuity to the committee tion to the Canada-U.S. Inter- objection, it is so ordered. hearings and nomination hearings over parliamentary Group during the First the course of this week. I ask Members Session of the 109th Congress: the Hon- Mr. FRIST. Mr. President, I further to be prompt for rollcall votes so that orable CHARLES E. GRASSLEY of Iowa, ask unanimous consent that at 12:10, we can dispose of these amendments in the Honorable TRENT LOTT of Mis- the Senate resume consideration of a timely fashion. sissippi, the Honorable GEORGE V. S.J. Res. 20; provided further that there VOINOVICH of Ohio, the Honorable then be 20 minutes equally divided for f SAXBY CHAMBLISS of Georgia, and the debate between Senators INHOFE and Honorable RICHARD BURR of North LEAHY or their designees, and that fol- ADJOURNMENT UNTIL 9:45 A.M. Carolina. lowing the debate, the Senate proceed TOMORROW The Chair, on behalf of the President to the vote on adoption of the joint res- Mr. FRIST. Mr. President, if there is pro tempore, pursuant to Public Law olution with no intervening action or no further business to come before the 99–498, re-appoints the following indi- debate. I further ask unanimous con- Senate, I ask unanimous consent that vidual to a 3-year term, commencing sent that following that vote, the Sen- the Senate stand in adjournment under on October 1, 2005, as a member of the ate then recess until 2:15 for the week- the previous order. Advisory Committee on Student Finan- ly policy luncheons. There being no objection, the Senate, cial Assistance: Claude O. Pressnell, The PRESIDING OFFICER. Without at 8 p.m., adjourned until Tuesday, Jr., of Tennessee. objection, it is so ordered. September 13, 2005, at 9:45 a.m.

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TRIBUTE TO GERALD W. OWENS— HURRICANE KATRINA land Security today. But these are only the GRAND MARSHAL OF THE 14TH first in a long series of actions that we will ANNUAL CELEBRATION OF HON. AL GREEN need to try to repair the physical damage LABOR OF TEXAS caused by Hurricane Katrina as well as the IN THE HOUSE OF REPRESENTATIVES lives of those affected by the hurricane. I ask Monday, September 12, 2005 that all of my distinguished colleagues and the HON. DONALD M. PAYNE people of this Nation join in the effort to help OF NEW JERSEY Mr. AL GREEN of Texas. Mr. Speaker, I rebuild and sustain the lives of the Hurricane IN THE HOUSE OF REPRESENTATIVES want to join with persons across this great Na- Katrina victims. tion and this world to express my condolences f Monday, September 12, 2005 for those who have suffered as a result of Mr. PAYNE. Mr. Speaker, I am proud to rise Hurricane Katrina. I also want to commend all IN RECOGNITION OF UNIVERSITY today to recognize a highly valued citizen of those people who have worked hard to lift up OF CALIFORNIA MERCED South Orange, New Jersey, which is in my their fellow man during this time of crisis. district. Mr. Gerald W. Owens will preside as This disaster is one unlike anything we’ve HON. DENNIS A. CARDOZA the Grand Marshal over the 14th Annual Cele- ever seen before. At one point 80 percent of OF CALIFORNIA bration of Labor on Friday, September 9, the city of New Orleans was under water. Up IN THE HOUSE OF REPRESENTATIVES to 1 million families have been displaced. 2005. He is a devoted husband to Jackie and Monday, September 12, 2005 the father to two children. For almost 5 dec- There are estimates that 400,000 to 500,000 Mr. CARDOZA. Mr. Speaker, it is with the ades, Mr. Owens has also dedicated his life to people could lose their jobs because of the greatest pleasure that I rise today to recognize the social, political and economic justice of all hurricane. And despite the magnitude of these the grand opening of the 10th campus of the working Americans. numbers, they still don’t do justice to the human suffering we have seen on television University of California system in Merced, Active in the International Longshoremen’s and in person. California. UC Merced is the first new Univer- Association, ILA, since 1958, Mr. Owens has But out of every tragedy comes the oppor- sity of California campus since 1965 and the been a rising star in the labor industry. tunity for each and every person to show his first ever in California’s sprawling San Joaquin Through the combination of on-the-job union or her humanity through acts of compassion. Valley. experience with advanced studies in public re- That is why I am so proud of my fellow Tex- Established in 1868, the University of Cali- lations, union organizing and labor law, Gerald ans and my fellow Houstonians. Our elected fornia has become one of the largest and has accomplished many feats. Over his career leadership, coalition of community groups, most highly acclaimed institutions of higher that has spanned in excess of 40 years; he ministers and clergy have come together to learning in the world. The knowledge and op- started out as a longshoreman in the Ports of make sure that we do everything in our power portunities that the UC institution has cul- Newark and Elizabeth in New Jersey and has to help the quarter of a million evacuees we tivated in our students and communities has ascended to the ranks of International Vice have taken in. In the Houston area alone, we inspired great minds and encouraged extraor- President of the ILA. However, one of his have taken in over 100,000 of our neighbors dinary technology for generations. It is recog- most honorable successes to date has been to the east, 15,000 of which were sheltered in nized globally as one of the world’s leading his appointment as the International General the Astrodome, which is in my Congressional public university systems and we are thrilled Organizer of the ILA, AFL–CIO. This achieve- District. that it is becoming an integral part of our com- ment marks an important milestone in the Several organizations in the Houston area munity in Merced. union’s 113-year history because Mr. Owens are leading the disaster relief effort. Some of I am honored to join the community in the is the first African-American to ever serve in the help is coming from volunteers with Oper- University’s opening ceremonies on Sep- that position. In fact, the current president of ation Compassion, a massive relief effort led tember 5, 2005. This occasion is particularly the union, Mr. John Bowers stated, ‘‘This ele- by Interfaith Ministries for Greater Houston special to me, as my commitment to making vation of an African-American to this top ILA and spearheaded by the Second Baptist Merced the home of the 10th UC campus Executive Council post is long overdue . . . Church. The thousands of volunteers from 131 began many years ago. Throughout my career Gerald Owens has served the ILA with distinc- local congregations have assumed primary rein the California State Legislature, and today tion for more than 40 years and I’m certain he sponsibility for feeding the masses of storm as a Member of the United States Congress, will continue to offer outstanding leadership for victims who have taken refuge there. I com- UC Merced has remained a priority of mine. our union in the future.’’ mend them and others for extending their Since Merced was chosen by the UC Board of His tremendous accomplishments do not good will towards others. Regents from 85 other cities as the site for its end there. Mr. Owens is a founding member As we in Congress look towards our next newest campus 10 years ago, the road has and current president of the New Jersey Orga- steps, we must ensure that our top priority re- been long and arduous. But the vision and nization of Black Labor Leaders. He also is mains caring for those who have lost loved drive of countless individuals and numerous the president of the Essex County (New Jer- ones, lost their homes, and lost their means of elected officials ensured that we would all sey) chapter of the A. Philip Randolph Insti- providing for their families. They have, through share in the celebration of this momentous oc- tute, a national organization of black trade no fault of their own, become the least, the casion. With the steadfast support and unwav- unionists whose mission is to convey to the last, and the lost of our society. It is our re- ering commitment of our community, we suc- labor industry the needs and concerns of sponsibility to help them back on their feet. To ceeded in making this dream a reality—we black Americans. do so they will need food stamp assistance brought the first UC campus to be built in Mr. Speaker, I know my colleagues here in and access to Medicaid. They will need tem- nearly 40 years to Merced. the U.S. House of Representatives would join porary emergency housing and the Federal September 6, 2005 marks the first official me in honoring Mr. Gerald W. Owens, who is assistance to help them rebuild their homes day of classes whereby UC Merced will presiding as the Grand Marshal over the 14th and their lives. ‘‘launch the future’’ of its first class of 1,000 Annual Celebration of Labor, for his tireless We have taken important first steps by students from throughout the San Joaquin Val- work in the labor industry. I am proud to have passing a $10.5 billion disaster relief bill last ley and the state of California. The inaugural him in my Congressional district and wish him Friday, followed by an additional $51.8 billion class is comprised of students from as far never-ending success in his future endeavors. for the Departments of Defense and Home- north as California’s most northern county of

● 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 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00055 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 12, 2005 EXTENSIONS OF REMARKS 20047 Del Norte, as far south as San Diego, as far A significant majority of Israelis favored dis- cent reports of stepped-up Israeli contact with east as the Sierra Nevada and as far west as engagement, and I think it is important for the United Arab Emirates and Tunisia. the Pacific Coast. Remarkably, approximately them to know that the American people are Mr. Speaker, I applaud Prime Minister Shar- half of the students are the first in their fami- behind them, supporting them in their struggle on and his government for taking this wise lies to attend college. against terrorism and in the search for peace. and exceptionally courageous step toward Under the guidance and leadership of But the decision of Prime Minister Sharon peace—a step that is fraught with more risks Founding Chancellor Carol Tomlinson-Keasey, and his government to relinquish the settle- than the media have acknowledged. I encour- an exceptional team of talented academic and ments also creates an unprecedented oppor- age the Palestinians to capitalize on this administrative professionals has assembled to tunity for Palestinians who seek a state of unique opportunity to demonstrate their own build the nation’s first major public research their own. After this historic Israeli gesture, the competence in governance and commitment university of the 21st Century. This founding burden to act now rests with Palestinian Au- to peace. And I call on the Arab and Islamic team of professionals share in the thority leaders, who must prove that they can world to assume responsibility for proving to Chancellor’s dedication to education and com- take on the challenge of securing and admin- Israel that unilateral steps toward peace are mitment toward carrying forward the University istering the territory just now coming under not only appreciated but reciprocated. of California’s historic mission of excellence in their control. f teaching, research and public service. It is my hope, Mr. Speaker, that we will SENATE COMMITTEE MEETINGS Mr. Speaker, I take great pride and pleasure soon see a concerted effort on behalf of the Title IV of Senate Resolution 4, in announcing the grand opening of the Uni- Palestinian Authority to move against terrorist versity of California Merced. I ask my col- agreed to by the Senate on February 4, organizations. This means not only bringing to 1977, calls for establishment of a sys- leagues to join me in conveying our best wish- a halt the attacks against Israel, but disarming es and gratitude to all of those whose vision, tem for a computerized schedule of all the terrorists as well. A lull in violence is sim- meetings and hearings of Senate com- dedicated efforts and steadfast support helped ply not enough. Terrorist infrastructure must establish an institution that promises to chal- mittees, subcommittees, joint commit- be dismantled if Gaza is not to become a per- tees, and committees of conference. lenge and inspire generations of students to manent launching pad for attacks by Hamas, come. As a Member of Congress it is an This title requires all such committees Islamic Jihad, and other murderous fanatics. to notify the Office of the Senate Daily honor to represent UC Merced in the 18th And I would urge President Mahmoud Abbas Congressional District of California, and as a Digest—designated by the Rules Com- to insist that any group that wishes to partici- mittee—of the time, place, and purpose member of the community it is a pleasure to pate in the January elections for the Pales- of the meetings, when scheduled, and welcome UC Merced and its inaugural class to tinian Legislative Council first renounce vio- any cancellations or changes in the Merced County. lence in word and deed and divest itself of all meetings as they occur. f arms. As an additional procedure along COMMENDING THE ISRAELI GOV- President Bush recently noted in his first- with the computerization of this infor- ERNMENT FOR DISENGAGEMENT ever interview with Israeli television that we mation, the Office of the Senate Daily IN GAZA AND WEST BANK SET- are witnessing in Gaza ‘‘an opportunity for the Digest will prepare this information for TLEMENTS Palestinians to show leadership and self-gov- printing in the Extensions of Remarks ernment’’ as well as ‘‘an opportunity for de- section of the CONGRESSIONAL RECORD HON. TOM LANTOS mocracy to emerge.’’ Mr. Speaker, I invite Pal- on Monday and Wednesday of each estinian leaders to make this vision a reality, week. OF CALIFORNIA building a Gaza that is democratic and peace- Meetings scheduled for Tuesday, Sep- IN THE HOUSE OF REPRESENTATIVES ful, free and open. tember 13, 2005 may be found in the Monday, September 12, 2005 In the wake of Israel’s withdrawal from Daily Digest of today’s RECORD. Mr. LANTOS. Mr. Speaker, I invite my col- Gaza, the international community should also MEETINGS SCHEDULED leagues to join me in commending the Gov- do its part to assist the Palestinian Authority to ernment of Israel for its bold action in dis- move in the right direction, and Special Envoy SEPTEMBER 14 engaging from the Gaza Strip and four West James Wolfensohn is impressively leading the 9:30 a.m. Bank settlements in the past few weeks. At way. But there are additional responsibilities Judiciary considerable political risk, Prime Minister Ariel that fall squarely on the shoulders of Egypt To continue hearings to examine the Sharon has demonstrated his resolve by fol- and the Arab and Islamic nations. nomination of John G. Roberts, Jr., of lowing through on his commitment to withdraw Mr. Speaker, one of the most dramatic but Maryland, to be Chief Justice of the the Israeli presence from these areas. His least publicized aspects of the disengagement United States. government has made an unprecedented and was Israel’s decision to underscore the com- SH–216 unilateral sacrifice in the name of peace, sur- pleteness of its withdrawal by removing its 10 a.m. rendering land on which Israelis have lived forces from Gaza’s border with Egypt and al- Commerce, Science, and Transportation lowing Egypt to send 750 troops to guard that Aviation Subcommittee continuously for almost four decades—land To hold hearings to examine the impact won in a war that was thrust upon them. border. This effectively alters the longstanding of Hurricane Katrina on the aviation To be sure, the disengagement serves arrangement, based on the 1979 Israeli-Egyp- industry, focusing on jet fuel markets, Israeli security interests, since it establishes a tian peace treaty, which prohibited Egyptian airport infrastructure, and Hurricane defensible line of separation that improves troops from that region. Egypt has now as- Katrina’s impact on the National Air- Israel’s ability to defend its citizens from ter- sumed the major responsibility for ensuring space System. rorist attacks. That is good news for both that terrorists and arms do not penetrate that SD–562 Israelis and Palestinians. Every day without border. Terrorists seek to make a mockery of Homeland Security and Governmental Af- bloodshed brings us one day closer to peace. Israel’s disengagement by making Gaza an fairs To hold hearings to examine issues relat- Mr. Speaker, I would particularly like to unrestrained launching pad for terrorism into ing to recovering from Hurricane commend Israeli military and government offi- Israel—just as opponents of disengagement Katrina. cials for implementing disengagement in a predicted they would. It is the responsibility of SD–342 way that allowed as many settlers as possible Egypt, in cooperation with the Palestinian Au- Commission on Security and Cooperation to express their remorse or anger while still thority, to win the confidence of the Israeli in Europe encouraging them to vacate the area without people by keeping Gaza peaceful. To hold hearings to examine the impact resorting to violence. Even when some individ- The wider Arab and Islamic worlds also of Romania’s newly implemented ban uals or groups sought to provoke confronta- have a significant part to play. By pursuing on inter-country adoptions. 2237 RHOB tions, Israeli authorities wisely avoided being normalization with Israel, they will demonstrate 10:30 a.m. drawn into fighting and, in the end, success- that steps toward peace will be met in kind. Intelligence fully and patiently evacuated even the most The very significant meeting last week be- To receive a closed briefing regarding determined of dissidents. I am full of admira- tween the Israeli and Pakistani foreign min- certain intelligence matters. tion for the Israeli military’s achievement. isters is encouraging in this regard, as are re- SH–219

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00056 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20048 EXTENSIONS OF REMARKS September 12, 2005 SEPTEMBER 15 2:30 p.m. and role in preventing identity theft 9:30 a.m. Homeland Security and Governmental Af- and protecting sensitive financial in- Judiciary fairs formation. To continue hearings to examine the Federal Financial Management, Govern- SD–538 nomination of John G. Roberts, Jr., of ment Information, and International Maryland, to be Chief Justice of the Security Subcommittee SEPTEMBER 28 United States. To hold oversight hearings to examine housing-related programs for the poor, 2:30 p.m. SH–216 Indian Affairs 10 a.m. focusing on existing challenges in To hold an oversight hearing to examine Banking, Housing, and Urban Affairs measuring improper rent subsidy pay- Indian housing. To hold hearings to examine the nomina- ments in housing assistance programs tions of Keith E. Gottfried, of Cali- at HUD, as well as Federal oversight of SR–485 fornia, to be General Counsel, Kim the Low-Income Home Energy Assist- Kendrick, of the District of Columbia, ance Program. SEPTEMBER 29 Keith A. Nelson, of Texas, and Darlene SD–342 10 a.m. F. Williams, of Texas, each to be an As- Intelligence Indian Affairs sistant Secretary, all of the Depart- Closed business meeting to markup intel- To hold hearings to examine proposed ment of Housing and Urban Develop- ligence authorization for fiscal year Duck Valley Reservation, Shoshone ment, and Israel Hernandez, of Texas, 2006. Paiute Tribes, Water Rights Settle- to be Assistant Secretary and Director SH–219 ment. General of the United States and For- SR–485 eign Commercial Service, Darryl W. SEPTEMBER 20 Jackson, of the District of Columbia, 10 a.m. to be an Assistant Secretary, Franklin Veterans’ Affairs L. Lavin, of Ohio, to be Under Sec- To hold joint hearings with the House POSTPONEMENTS retary for International Trade, and Committee on Veterans Affairs to ex- David H. McCormick, of Pennsylvania, amine the legislative presentation of SEPTEMBER 14 to be Under Secretary for Export Ad- the American Legion. ministration, all of the Department of 10 a.m. 345 CHOB Energy and Natural Resources Commerce. 2:30 p.m. Business meeting to consider pending SD–538 Commerce, Science, and Transportation calendar business. Veterans’ Affairs Disaster Prevention and Prediction Sub- Business meeting to mark up pending VA committee SD–366 health-related proposals. To hold hearings to examine the pre- SR–418 diction of Hurricane Katrina and the SEPTEMBER 21 10:30 a.m. work of the National Hurricane Center. 9:30 a.m. Homeland Security and Governmental Af- SD–562 Indian Affairs fairs To hold an oversight hearing to examine To hold hearings to examine the nomina- SEPTEMBER 21 Indian gaming. tions of Stewart A. Baker, of Virginia, SR–385 and Julie L. Myers, of Kansas, each to 9 a.m. 2 p.m. be an Assistant Secretary of Homeland Agriculture, Nutrition, and Forestry Security. To hold hearings to examine the status Agriculture, Nutrition, and Forestry SD–342 of the World Trade Organization nego- Forestry, Conservation, and Rural Revital- Appropriations tiations on agriculture. ization Subcommittee Legislative Branch Subcommittee SR–328A To hold an oversight hearing to examine To resume hearings to examine the 9:30 a.m. the Forest and Rangeland Research progress of Capitol Visitor Center con- Judiciary Program of the USDA Forest Service. struction. To hold hearings to examine able danger SR–328A SD–138 and intelligence information sharing. 2 p.m. SD–226 Foreign Relations East Asian and Pacific Affairs Sub- SEPTEMBER 22 committee 10 a.m. To hold hearings to examine U.S.-Indo- Banking, Housing, and Urban Affairs nesia relations. To hold hearings to examine the finan- SD–419 cial services industry’s responsibilities

VerDate Sep 11 2014 08:49 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00057 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR12SE05.DAT BR12SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE